HB3475 101ST GENERAL ASSEMBLY

LRB101 07580 RPS 52627 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3475

Introduced , by Rep. Daniel Didech

SYNOPSIS AS INTRODUCED:

40 ILCS 5/2-105	from Ch. 108 1/2, par. 2-105
40 ILCS 5/2-107	from Ch. 108 1/2, par. 2-107
40 ILCS 5/2-122.5 new

Amends the General Assembly Article of the Illinois Pension Code. Prohibits participation in the System by a person who (i) has ever received a retirement annuity or retirement pension from any other retirement system or pension fund under the Code and (ii) did not become a participant before the effective date of the amendatory Act. Provides that for a member who did not become a participant before the effective date of the amendatory Act, participation under the Article shall be suspended during any period when the member (1) serves as an elected official (other than as a member of the General Assembly or as Governor, Lieutenant Governor, Secretary of State, Treasurer, Comptroller, or Attorney General) and (2) receives a salary or other compensation, except for reimbursement for expenses incurred in performing his or her duties, relating to that service. Effective immediately.

FISCAL NOTE ACT MAY APPLY

PENSION IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning 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 Sections 2-105 and 2-107 and by adding Section 2-122.5 as follows:

(40 ILCS 5/2-105) (from Ch. 108 1/2, par. 2-105)

Sec. 2-105. Member. "Member": Members of the General Assembly of this State including persons who enter military service while a member of the General Assembly and any person serving as Governor, Lieutenant Governor, Secretary of State, Treasurer, Comptroller, or Attorney General for the period of service in such office.

Any person who has served for 10 or more years as Clerk or Assistant Clerk of the House of Representatives, Secretary or Assistant Secretary of the Senate, or any combination thereof, may elect to become a member of this system while thenceforth engaged in such service by filing a written election with the board. Any person so electing shall be deemed an active member of the General Assembly for the purpose of validating and transferring any service credits earned under any of the funds and systems established under Articles 3 through 18 of this Code.

However, notwithstanding any other provision of this Article, a person shall not be deemed a member for the purposes of this Article if he or she (i) has ever received a retirement annuity or retirement pension from any other pension fund or retirement system under this Code and (ii) did not become a participant before the effective date of this amendatory Act of the 101st General Assembly.

(Source: P.A. 85-1008.)

(40 ILCS 5/2-107) (from Ch. 108 1/2, par. 2-107)

Sec. 2-107. Participant. "Participant": Any member who elects to participate; and any former member who elects to continue participation under Section 2-117.1, for the duration of such continued participation.

However, notwithstanding any other provision of this Article, a person shall not be deemed a participant for the purposes of this Article if he or she (i) has ever received a retirement annuity or retirement pension from any other pension fund or retirement system under this Code and (ii) did not become a participant before the effective date of this amendatory Act of the 101st General Assembly.

(Source: P.A. 86-1488.)

(40 ILCS 5/2-122.5 new)

Sec. 2-122.5. Suspension of participation. For a member who did not become a participant before the effective date of this amendatory Act of the 101st General Assembly, participation under this Article shall be suspended during any period when the member (1) serves as an elected official (other than as a member of the General Assembly or as Governor, Lieutenant Governor, Secretary of State, Treasurer, Comptroller, or Attorney General) and (2) receives a salary or other compensation, except for reimbursement for expenses incurred in performing his or her duties, relating to that service.

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