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92_SB1583enr SB1583 Enrolled LRB9212990DJmb 1 AN ACT in relation to persons in military service. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Service Men's Employment Tenure Act is 5 amended by changing Section 1 and adding Section 5.3 as 6 follows: 7 (330 ILCS 60/1) (from Ch. 126 1/2, par. 29) 8 Sec. 1. Short title. This Actshall be known andmay be 9 cited as the Service Men's Employment Tenure and Civil Relief 10 Act. 11 (Source: Laws 1941, vol. 1, p. 1202.) 12 (330 ILCS 60/5.3 new) 13 Sec. 5.3. Illinois National Guard; Soldiers' and 14 Sailors' Civil Relief Act of 1940. 15 (a) Notwithstanding any other provision of law, a person 16 who is a member of the Illinois National Guard and who is on 17 active duty shall be accorded all of the relief and benefits 18 under the laws of this State that are accorded to federal 19 military personnel on active duty under the Soldiers' and 20 Sailors' Civil Relief Act of 1940, as now or hereafter 21 amended, if the person on active duty provides written notice 22 of his or her active duty in the same manner that notice is 23 provided under the Soldiers' and Sailors' Civil Relief Act of 24 1940. 25 (b) Notwithstanding any other provision of law, a person 26 who is a member of the federal military and who is on active 27 duty shall be accorded all of the relief and benefits under 28 the laws of this State that are accorded to the person under 29 the Soldiers' and Sailors' Civil Relief Act of 1940, as now 30 or hereafter amended, if the person on active duty provides SB1583 Enrolled -2- LRB9212990DJmb 1 notice of his or her active duty under the Soldiers' and 2 Sailors' Civil Relief Act of 1940. 3 (c) A person who has provided notice under subsection 4 (a) or (b) shall, within 30 days after the termination of his 5 or her active duty, provide written notice of the termination 6 of his or her active duty to the person to whom notice was 7 provided under subsection (a) or (b). 8 (d) For purposes of this Section, the term "active duty" 9 means: (i) when used in reference to the Illinois National 10 Guard, a period of active duty in excess of 30 consecutive 11 days pursuant to orders of the Governor, whether or not for 12 training, either under Title 32 of the United States Code or 13 under State Active Duty pursuant to the laws of this State; 14 and (ii) when used in reference to federal military 15 personnel, the same thing as "military service" as defined in 16 subsection (1) of Section 511 of the Soldiers' and Sailors' 17 Civil Relief Act of 1940. 18 Section 10. The Metropolitan Transit Authority Act is 19 amended by changing Section 29 as follows: 20 (70 ILCS 3605/29) (from Ch. 111 2/3, par. 329) 21 Sec. 29. If the Authority acquires a transportation 22 system in operation by a public utility, all of the employees 23 in the operating and maintenance divisions of such public 24 utility and all other employees except executive and 25 administrative officers and employees, shall be transferred 26 to and appointed as employees of the Authority, subject to 27 all rights and benefits of this Act, and these employees 28 shall be given seniority credit in accordance with the 29 records and labor agreements of the public utility. Employees 30 who left the employ of such a public utility to enter the 31 military service of the United States shall have the same 32 rights as to the Authority, under the provisions of the SB1583 Enrolled -3- LRB9212990DJmb 1"Service Men's Employment Tenure and Civil Relief Act",2approved July 17, 1941, as they would have had thereunder as 3 to such public utility. After such acquisition the authority 4 shall be required to extend to such former employees of such 5 public utility only the rights and benefits as to pensions 6 and retirement as are accorded other employees of the 7 Authority. 8 (Source: Laws 1963, p. 152.) 9 Section 15. The Local Mass Transit District Act is 10 amended by changing Section 3.5 as follows: 11 (70 ILCS 3610/3.5) (from Ch. 111 2/3, par. 353.5) 12 Sec. 3.5. If the district acquires a mass transit 13 facility, all of the employees in the operating and 14 maintenance divisions of such mass transit facility and all 15 other employees except executive and administrative officers 16 and employees, shall be transferred to and appointed as 17 employees of the district, subject to all rights and benefits 18 of this Act, and these employees shall be given seniority 19 credit in accordance with the records and labor agreements of 20 the mass transit facility. Employees who left the employ of 21 such a mass transit facility to enter the military service of 22 the United States shall have the same rights as to the 23 district, under the provisions of the"Service Men's 24 Employment Tenure and Civil Relief Act", approved July 17,251941, as they would have had thereunder as to such mass 26 transit facility. After such acquisition the district shall 27 be required to extend to such former employees of such mass 28 transit facility only the rights and benefits as to pensions 29 and retirement as are accorded other employees of the 30 district. 31 (Source: Laws 1959, p. 1635.) SB1583 Enrolled -4- LRB9212990DJmb 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.