Bill Text: IL HB2292 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Illinois Pension Code. Makes a technical change in a Section concerning downstate firefighters.

Sponsorship: Partisan Bill (Republican 3)

Status: (Failed) 2013-01-08 - Session Sine Die [HB2292 Detail]

Download: Illinois-2011-HB2292-Amended.html

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Rep. David R. Leitch

Filed: 4/12/2011

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AMENDMENT TO HOUSE BILL 2292
AMENDMENT NO. ______. Amend House Bill 2292 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Pension Code is amended by
changing Sections 3-103, 3-145, 4-103, and 4-141 as follows:
(40 ILCS 5/3-103) (from Ch. 108 1/2, par. 3-103)
Sec. 3-103. Municipality. "Municipality": (1) Any city,
village, or incorporated town of 7,500 5,000 or more but less
than 500,000 inhabitants, as determined from the United States
Government statistics or a census taken at any time by the
city, village or incorporated town and (2) any city, village,
or incorporated town of less than 7,500 5,000 inhabitants which
has established, before the effective date of this amendatory
Act of the 97th General Assembly, a fund under this Article or,
by referendum held under Section 3-145, adopts this Article.
(Source: P.A. 83-1440.)

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(40 ILCS 5/3-145) (from Ch. 108 1/2, par. 3-145)
Sec. 3-145. Referendum in municipalities less than 7,500
5,000.
(a) This Article shall not be effective in any municipality
having a population of less than 7,500 5,000 unless the
proposition to adopt the Article is submitted to and approved
by the voters of the municipality in the manner herein
provided.
Whenever the electors of the municipality, equal in number
to 5% of the number of legal votes cast at the last preceding
general municipal election, petition the city, village or town
clerk to submit the proposition whether that municipality shall
adopt this Article, the officer to whom the petition is
addressed shall certify the proposition to the proper election
officials who shall submit the proposition in accordance with
the general election law at a regular election in the
municipality provided that notice of the referendum, if held
before July 1, 1999, has been given in accordance with the
provisions of Section 12-5 of the Election Code in effect at
the time of the bond referendum, at least 10 and not more than
45 days before the date of the election, notwithstanding the
time for publication otherwise imposed by Section 12-5. Notices
required in connection with the submission of public questions
on or after July 1, 1999 shall be as set forth in Section 12-5
of the Election Code. If the proposition is not adopted at that

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election, it may be submitted in like manner at any regular
election thereafter. The proposition shall be substantially in
the following form:
-------------------------------------------------------------
Shall the city (or village or
incorporated town) of.... adopt YES
Article 3 of the "Illinois Pension -----------------------
Code", pertaining to the creation NO
of a police pension fund?
-------------------------------------------------------------
If a majority of the votes cast on the proposition is for the
proposition, this Article is adopted in that municipality.
(b) For a period of 60 days after the effective date of
this amendatory Act of the 96th General Assembly, if a
municipality having a population of less than 5,000 has adopted
this Article in accordance with the provisions of subsection
(a), the municipality may elect to terminate participation
under this Article if all of the following conditions are met:
(1) An independent auditor certifies that the fund
created under this Article has no liabilities and there are
no members or participants in the fund and no beneficiaries
entitled to benefits under the fund.
(2) The corporate authorities of the municipality, by
ordinance, approve the closing of the fund.
If the conditions of this subsection (b) are met and the
closed fund contains assets, those assets shall be transferred

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to the municipality for its general corporate purposes.
If a municipality that terminates participation under this
Article in accordance with this subsection (b) wants to
reinstate the fund, then the proposition to re-adopt the
Article must be submitted to and approved by the voters of the
municipality in the manner provided in subsection (a).
(Source: P.A. 96-216, eff. 8-10-09.)
(40 ILCS 5/4-103) (from Ch. 108 1/2, par. 4-103)
Sec. 4-103. Municipality. "Municipality": (1) Any city,
township, village, or incorporated town of 7,500 5,000 or more
but less than 500,000 inhabitants, and any fire protection
district having any full-time paid firefighters, and (2) any
city, village, incorporated town, or township of less than
7,500 5,000 inhabitants that has having a full-time paid fire
department and that (i) has established, before the effective
date of this amendatory Act of the 97th General Assembly, a
fund under this Article or (ii) which adopts the provisions of
this Article article pursuant to the provisions of Section
4-141. The term "city council" or "board of trustees" includes
the board of trustees of a fire protection district and the
board of town trustees or other persons empowered to draft the
tentative budget and appropriation ordinance and the electors
of such a township acting at the annual or special meeting of
town electors.
(Source: P.A. 83-1440.)

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(40 ILCS 5/4-141) (from Ch. 108 1/2, par. 4-141)
Sec. 4-141. Referendum in municipalities less than 7,500
5,000. This Article shall become effective in any municipality
having a population of less than 7,500 5,000, population if the
proposition to adopt the Article is submitted to and approved
by the voters of the municipality in the manner herein
provided.
Whenever the electors of the municipality equal in number
to 5% of the number of legal votes cast at the last preceding
general municipal election for mayor or president, as the case
may be, petition the corporate authorities of the municipality
to submit the proposition whether that municipality shall adopt
this Article, the municipal clerk shall certify the proposition
to the proper election official who shall submit it to the
electors in accordance with the general election law at the
next succeeding regular election in the municipality. If the
proposition is not adopted at that election, it may be
submitted in like manner at any regular election thereafter.
The proposition shall be substantially in the following
form:
-------------------------------------------------------------
Shall the city (or village or
incorporated town as the case may be) YES
of.... adopt Article 4 of the
"Illinois Pension Code", ------------------

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providing for a Firefighters' NO
Pension Fund and the levying
of an annual tax therefor?
-------------------------------------------------------------
If a majority of the votes cast on the proposition is for
the proposition, this Article is adopted in that municipality.
(Source: P.A. 83-1440.)
Section 99. Effective date. This Act takes effect upon
becoming law.".