Public Act 93-0123

HB0407 Enrolled                      LRB093 03925 EFG 03962 b

    AN ACT in relation to public employee benefits.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  Illinois  Pension  Code  is  amended by
changing Section 4-106.1 as follows:

    (40 ILCS 5/4-106.1) (from Ch. 108 1/2, par. 4-106.1)
    Sec.   4-106.1.  Discontinuation   of   fire   protection
district; annexation to fire protection district.
    (a)  Whenever  a  fire  protection  district  which   has
established a pension fund under this Article is discontinued
under  "An Act in Relation to Fire Protection Districts", and
the municipality assuming the obligations of the district  is
required  to and has established a Firefighters' Pension Fund
under this Article, the assets of the fund established by the
district shall be transferred to the "Board  of  Trustees  of
the  Firefighters  Pension  Fund"  of  the municipality.  The
Firefighter's Pension Fund of the municipality  shall  assume
all  accrued  liabilities of the district's pension fund, and
all accrued rights, benefits and future expectancies  of  the
members,   retired   employees   and   beneficiaries  of  the
district's fund shall remain unimpaired.
    (b)  If a municipal fire department for which  a  pension
fund  has been established under this Article is discontinued
and the affected territory is annexed by  a  fire  protection
district, and the fire protection district is required to and
has  established  a  firefighters'  pension  fund  under this
Article, then the assets of the  firefighters'  pension  fund
established  by  the municipality shall be transferred to the
board of trustees of the pension fund of the fire  protection
district.    The  firefighters'  pension  fund  of  the  fire
protection district  shall  assume  all  liabilities  of  the
municipality's  firefighters'  pension  fund,  and all of the
accrued rights, benefits,  and  future  expectancies  of  the
members,   retired   employees,   and  beneficiaries  of  the
municipality's  firefighters'  pension  fund   shall   remain
unimpaired.
(Source: P.A. 83-1440.)

    Section  90.  The State Mandates Act is amended by adding
Section 8.27 as follows:

    (30 ILCS 805/8.27 new)
    Sec. 8.27.  Exempt mandate.  Notwithstanding  Sections  6
and  8 of this Act, no reimbursement by the State is required
for  the  implementation  of  any  mandate  created  by  this
amendatory Act of the 93rd General Assembly.

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

Effective Date: 07/10/03