State of Illinois
92nd General Assembly
Legislation

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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 writing before 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.

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