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92_SB0279 LRB9204673EGfgA 1 AN ACT in relation to public employee benefits. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Pension Code is amended by 5 changing Section 7-137.1 as follows: 6 (40 ILCS 5/7-137.1) (from Ch. 108 1/2, par. 7-137.1) 7 Sec. 7-137.1. Elected and appointed officials. 8 (a) A person holding an elective office who has elected 9 to participate in the Fund while in that office may revoke 10 that election and cease participating in the Fund by 11 notifying the Board in writingbefore January 1, 1992. 12 Upon such revocation, the person shall forfeit all 13 creditable service earned while holding that office, and the 14 Board shall refund to the person, without interest, all 15 employee contributions paid for the forfeited creditable 16 service. The Board shall also refund or credit to the 17 employing municipality, without interest, the employer 18 contributions relating to the forfeited service, except those 19 for death and disability. 20 (b) Notwithstanding the provisions of Sections 7-141 and 21 7-144, beginning January 1, 1992, a person who holds an 22 elective office and has not elected to participate in the 23 Fund with respect to that office (or has revoked his election 24 to participate with respect to that office under subsection 25 (a) of this Section) shall not be disqualified from receiving 26 a retirement annuity by reason of holding such office, 27 provided that the annuity is not based on any credits 28 received for participating while holding that office. 29 (c) A person holding an appointive public office who has 30 participated in the Fund with respect to that office may 31 cease participating in the Fund with respect to that office -2- LRB9204673EGfgA 1 by so notifying the Board in writing. 2 Upon filing that notice, the person shall forfeit all 3 creditable service earned with respect to that office, and 4 the Board shall refund to the person, without interest, all 5 employee contributions paid for the forfeited creditable 6 service. The Board shall also refund or credit to the 7 employing municipality, without interest, the employer 8 contributions relating to the forfeited service, except those 9 for death and disability. 10 Notwithstanding the provisions of Sections 7-141 and 11 7-144, a person who holds an appointive public office and 12 does not participate in the Fund with respect to that office 13 is not disqualified from receiving a retirement annuity by 14 reason of holding that office, provided that the annuity is 15 not based on any credits received for participating with 16 respect to that office. 17 (Source: P.A. 87-740.) 18 Section 90. The State Mandates Act is amended by adding 19 Section 8.25 as follows: 20 (30 ILCS 805/8.25 new) 21 Sec. 8.25. Exempt mandate. Notwithstanding Sections 6 22 and 8 of this Act, no reimbursement by the State is required 23 for the implementation of any mandate created by this 24 amendatory Act of the 92nd General Assembly. 25 Section 99. Effective date. This Act takes effect upon 26 becoming law.