Bill Text: IL HB0303 | 2019-2020 | 101st General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Local Government Wage Increase Transparency Act. Provides that "disclosable payment" also includes accumulated sick leave. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-08-09 - Public Act . . . . . . . . . 101-0228 [HB0303 Detail]
Download: Illinois-2019-HB0303-Engrossed.html
Bill Title: Amends the Local Government Wage Increase Transparency Act. Provides that "disclosable payment" also includes accumulated sick leave. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-08-09 - Public Act . . . . . . . . . 101-0228 [HB0303 Detail]
Download: Illinois-2019-HB0303-Engrossed.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Local Government Wage Increase Transparency | ||||||
5 | Act is amended by changing Section 5 as follows:
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6 | (50 ILCS 155/5)
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7 | Sec. 5. Disclosure of certain wage increases made to | ||||||
8 | employees under Article 7 of the Illinois Pension Code. | ||||||
9 | (a) This Section applies only to a participating employee | ||||||
10 | under Article 7 of the Illinois Pension Code (IMRF) who began | ||||||
11 | participation before January 1, 2011 and who is not subject to | ||||||
12 | a collective bargaining agreement with respect to the | ||||||
13 | employment upon which the participation is based. | ||||||
14 | (b) The definitions in Article 7 of the Illinois Pension | ||||||
15 | Code also apply to this Section. | ||||||
16 | As used in this Section, "disclosable payment" means a | ||||||
17 | payment, whether in the form of an increase in the rate of | ||||||
18 | earnings or a lump-sum payment, that: | ||||||
19 | (1) would be made by a participating employer to a | ||||||
20 | participating employee after the employee has expressed to | ||||||
21 | the employer his or her intent to retire or withdraw from | ||||||
22 | service; | ||||||
23 | (2) would have the effect of increasing the employee's |
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1 | reportable monthly earnings from that employer by more than | ||||||
2 | 6% compared to the previous month; and | ||||||
3 | (3) would be made between 12 months and 90 days prior | ||||||
4 | to the employee's expected termination of service. | ||||||
5 | "Disclosable payment" also includes accumulated sick | ||||||
6 | leave. | ||||||
7 | However, "disclosable payment" does not include a refund of | ||||||
8 | contributions or any payment required to be paid by State or | ||||||
9 | federal law. | ||||||
10 | (c) A disclosable payment shall not be made or payable | ||||||
11 | unless the governing body of that participating employer has | ||||||
12 | first discussed the specific payment to be made at a meeting | ||||||
13 | open to the public and posted and held in accordance with the | ||||||
14 | requirements of the Open Meetings Act. At the meeting, the | ||||||
15 | governing body shall, at a minimum, disclose (1) the identity | ||||||
16 | of the employee, (2) the purpose and amount of the increase or | ||||||
17 | payment, (3) the proposed retirement date, (4) the effect of | ||||||
18 | the payment upon the expected retirement annuity of the | ||||||
19 | employee, and (5) the effect of the payment upon the liability | ||||||
20 | of the employer to the Article 7 Fund. | ||||||
21 | (d) The determination of whether the disclosable payment is | ||||||
22 | permissible under this Section shall rest exclusively with the | ||||||
23 | employer. | ||||||
24 | (e) A participating employer may not make a disclosable | ||||||
25 | payment to an employee in a manner inconsistent with this | ||||||
26 | Section. This Section is a denial and limitation of home rule |
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1 | powers and functions under subsection (h) of Section 6 of | ||||||
2 | Article VII of the Illinois Constitution.
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3 | (Source: P.A. 99-646, eff. 7-28-16.)
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4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law.
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