(40 ILCS 5/21-105)
(from Ch. 108 1/2, par. 21-105)
Retirement systems - election of coverage.
on the question
of coverage under the Social Security Act may be authorized by the Governor
with respect to any retirement system, or by the
board of trustees of such system, or by the governing body of any
political subdivision which has established a retirement system, except
for a retirement system established under Article
3, 4, 5 or 6 of this Code.
Such a referendum shall also be held upon petition
signed by at least 10% of the members of any retirement system except for
a retirement system established
under Article 3, 4, 5 or 6 of this Code. Such
petition shall be examined and checked by the governing body or board of
trustees of the retirement system, and such
board or body shall certify that each signer of the petition is an
eligible member qualified
to vote in such referendum, and that the names of all ineligible individuals
have been stricken.
Prior to a referendum on that question and to the notice of
the referendum required by either Section 218(d)(3) or 218(d)(7)
of the Social
Security Act, a plan of coverage shall be formulated by the governing
body of each retirement system or Board of Trustees, as the case may be,
whose members are to participate in the referendum for the coordination
of the retirement system with the social security insurance provisions
of Title II of the Social Security Act.
Where a retirement system is governed by an Act of the State of
Illinois, such plan of coverage shall be presented to the General
Assembly for enactment by amendment to such Act.
The ballot to be used in the
referendum shall contain a clear description of the plan of coverage,
which description may take the form of a summary statement setting forth
the changes or revisions, if any, to be made in the benefit and
contribution provisions of the retirement system, and the obligations to
be imposed upon the members of the system if the plan of coverage is
approved in the referendum and their positions are included under an
agreement pursuant to the provisions of this Article.
The referendum shall be subject to the following conditions:
(a) Only eligible employees as defined in Section 218(d)(3) of the Social
Security Act shall be permitted to vote.
(b) Should such referendum under Section 218(d)(3)
fail to obtain approval, any subsequent referendum among members
of the retirement
system in question shall not be held for a period of at least 3 years
from the date of the
(c) Upon receipt of satisfactory proof that the conditions of the
referendum specified in either Section 218(d)(3) or Section 218(d)(7)
of the Social Security Act have been met, the Governor or an official of the
State designated by him shall so certify to the Secretary. Proper steps
to give effect to the results of the referendum
shall then be taken by the State Agency, and a modification to the
Federal-State Agreement shall be executed in accordance with
Section 21-108 within a period of 2 years from the date of the referendum.
(Source: P.A. 84-1028.)