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| Public Act 101-0228 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Local Government Wage Increase Transparency | ||||
Act is amended by changing Section 5 as follows: | ||||
(50 ILCS 155/5)
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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.
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(Source: P.A. 99-646, eff. 7-28-16.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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