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Full Text of HJRCA0049  97th General Assembly

HC0049 97TH GENERAL ASSEMBLY


 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT
HC0049

 

Introduced , by Rep. Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
ILCON Art. XIII, Sec. 5.1 new

    Proposes to amend the General Provisions Article of the Illinois Constitution. Provides that no bill, except a bill for appropriations, that provides a benefit increase under any pension or retirement system of the State, any unit of local government or school district, or any agency or instrumentality thereof, shall become law without the concurrence of three-fifths of the members elected to each house of the General Assembly. Provides requirements for passage if the Governor vetoes a bill or returns a bill with specific recommendations for change. Provides that no ordinance, resolution, rule, or other action of the governing body, or an appointee or employee of the governing body, of any unit of local government or school district that provides an emolument increase to an official or employee that has the effect of increasing the amount of the pension or annuity that an official or employee could receive as a member of a pension or retirement system shall be valid without the concurrence of three-fifths of the members of that governing body. Provides that no action of the governing body, or an appointee or employee of the governing body, of any pension or retirement system created or maintained for the benefit of officers or employees of the State, any unit of local government or school district, or any agency or instrumentality thereof that results in a beneficial determination shall be valid without the concurrence of three-fifths of the members of that governing body. Defines terms. Effective January 9, 2013.


LRB097 21008 AMC 68312 e

 

HC0049LRB097 21008 AMC 68312 e

1
HOUSE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT

 
3    RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
4NINETY-SEVENTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
5SENATE CONCURRING HEREIN, that there shall be submitted to the
6electors of the State for adoption or rejection at the general
7election next occurring at least 6 months after the adoption of
8this resolution a proposition to amend Article XIII of the
9Illinois Constitution by adding Section 5.1 as follows:
 
10
ARTICLE XIII
11
GENERAL PROVISIONS

12    (ILCON Art. XIII, Sec. 5.1 new)
13SECTION 5.1. PENSION AND RETIREMENT BENEFIT INCREASES
14    (a) No bill, except a bill for appropriations, that
15provides a benefit increase under any pension or retirement
16system of the State, any unit of local government or school
17district, or any agency or instrumentality thereof, shall
18become law without the concurrence of three-fifths of the
19members elected to each house of the General Assembly. If the
20Governor vetoes such a bill by returning it with objections to
21the house in which it originated, the provisions of Article IV,
22Section 9 shall govern the passage of that bill except that
23such bill shall not become law unless, upon its return, it is

 

 

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1passed by a record vote of two-thirds of the members elected to
2each house of the General Assembly. If the Governor returns
3such a bill with specific recommendations for change to the
4house in which it originated, the provisions of Article IV,
5Section 9 shall govern the acceptance of those specific
6recommendations except that such recommendations may be
7accepted only by a record vote of two-thirds of the members
8elected to each house of the General Assembly, regardless of
9the bill's date of passage or effective date.
10    For purposes of this subsection, the term "benefit
11increase" means a change to any pension or other law that
12results in a member of a pension or retirement system receiving
13a new benefit or an enhancement to a benefit, including, but
14not limited to, any changes that (i) increase the amount of the
15pension or annuity that a member could receive upon retirement,
16or (ii) reduce or eliminate the eligibility requirements or
17other terms or conditions a member must meet to receive a
18pension or annuity upon retirement. The term "benefit increase"
19also means a change to any pension or other law that expands
20the class of persons who may become a member of any pension or
21retirement system or who may receive a pension or annuity from
22a pension or retirement system. An increase in salary or wage
23level, by itself, shall not constitute a "benefit increase"
24unless that increase exceeds limitations provided by law.
25    (b) No ordinance, resolution, rule, or other action of the
26governing body, or an appointee or employee of the governing

 

 

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1body, of any unit of local government or school district that
2provides an emolument increase to an official or employee that
3has the effect of increasing the amount of the pension or
4annuity that an official or employee could receive as a member
5of a pension or retirement system shall be valid without the
6concurrence of three-fifths of the members of that governing
7body. For purposes of this subsection, the term "emolument
8increase" means the creation of a new or enhancement of an
9existing advantage, profit or gain that an official or employee
10receives by virtue of holding office or employment, including,
11but not limited to, compensated time off, bonuses, incentives,
12or other forms of compensation. An increase in salary or wage
13level, by itself, shall not constitute an "emolument increase"
14unless that increase exceeds limitations provided by law.
15    (c) No action of the governing body, or an appointee or
16employee of the governing body, of any pension or retirement
17system created or maintained for the benefit of officers or
18employees of the State, any unit of local government or school
19district, or any agency or instrumentality thereof that results
20in a beneficial determination shall be valid without the
21concurrence of three-fifths of the members of that governing
22body. For the purposes of this subsection, the term "beneficial
23determination" means an interpretation or application of
24pension or other law by the governing body, or an appointee or
25employee of the governing body, that reverses or supersedes a
26previous interpretation or application and either (i) results

 

 

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1in an increase in the amount of the pension or annuity received
2by a member of the pension or retirement system or (ii) results
3in a person becoming eligible to receive a pension or annuity
4from the pension or retirement system. The term "beneficial
5determination" shall not include a beneficial determination
6mandated by a final decision of a court of competent
7jurisdiction.
8    (d) Nothing in this Section shall prevent the passage or
9adoption of any law, ordinance, resolution, rule, policy, or
10practice that further restricts the ability to provide a
11"benefit increase", "emolument increase", or "beneficial
12determination" as those terms are used under this Section.
 
13
SCHEDULE
14    This Constitutional Amendment takes effect on January 9,
152013.