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Public Act 101-0228


 

Public Act 0228 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0228
 
HB0303 EnrolledLRB101 04585 AWJ 49593 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Local Government Wage Increase Transparency
Act is amended by changing Section 5 as follows:
 
    (50 ILCS 155/5)
    Sec. 5. Disclosure of certain wage increases made to
employees under Article 7 of the Illinois Pension Code.
    (a) This Section applies only to a participating employee
under Article 7 of the Illinois Pension Code (IMRF) who began
participation before January 1, 2011 and who is not subject to
a collective bargaining agreement with respect to the
employment upon which the participation is based.
    (b) The definitions in Article 7 of the Illinois Pension
Code also apply to this Section.
    As used in this Section, "disclosable payment" means a
payment, whether in the form of an increase in the rate of
earnings or a lump-sum payment, that:
        (1) would be made by a participating employer to a
    participating employee after the employee has expressed to
    the employer his or her intent to retire or withdraw from
    service;
        (2) would have the effect of increasing the employee's
    reportable monthly earnings from that employer by more than
    6% compared to the previous month; and
        (3) would be made between 12 months and 90 days prior
    to the employee's expected termination of service.
    "Disclosable payment" also includes accumulated sick
leave.
    However, "disclosable payment" does not include a refund of
contributions or any payment required to be paid by State or
federal law.
    (c) A disclosable payment shall not be made or payable
unless the governing body of that participating employer has
first discussed the specific payment to be made at a meeting
open to the public and posted and held in accordance with the
requirements of the Open Meetings Act. At the meeting, the
governing body shall, at a minimum, disclose (1) the identity
of the employee, (2) the purpose and amount of the increase or
payment, (3) the proposed retirement date, (4) the effect of
the payment upon the expected retirement annuity of the
employee, and (5) the effect of the payment upon the liability
of the employer to the Article 7 Fund.
    (d) The determination of whether the disclosable payment is
permissible under this Section shall rest exclusively with the
employer.
    (e) A participating employer may not make a disclosable
payment to an employee in a manner inconsistent with this
Section. This Section is a denial and limitation of home rule
powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution.
(Source: P.A. 99-646, eff. 7-28-16.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/9/2019