Bill Text: IL HB2292 | 2011-2012 | 97th General Assembly | Amended
Bill Title: Amends the Illinois Pension Code. Makes a technical change in a Section concerning downstate firefighters.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB2292 Detail]
Download: Illinois-2011-HB2292-Amended.html
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1 | AMENDMENT TO HOUSE BILL 2292
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2 | AMENDMENT NO. ______. Amend House Bill 2292 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Pension Code is amended by | ||||||
5 | changing Sections 3-103, 3-145, 4-103, and 4-141 as follows:
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6 | (40 ILCS 5/3-103) (from Ch. 108 1/2, par. 3-103)
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7 | Sec. 3-103. Municipality. "Municipality": (1) Any city, | ||||||
8 | village , or incorporated town of 7,500 5,000
or more but less | ||||||
9 | than 500,000 inhabitants,
as determined from the United
States | ||||||
10 | Government statistics or a census taken at any time by the | ||||||
11 | city,
village or incorporated town and (2) any city, village , | ||||||
12 | or incorporated
town of
less than 7,500 5,000 inhabitants which | ||||||
13 | has established, before the effective date of this amendatory | ||||||
14 | Act of the 97th General Assembly, a fund under this Article or , | ||||||
15 | by referendum held under Section 3-145 ,
adopts this Article.
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16 | (Source: P.A. 83-1440.)
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1 | (40 ILCS 5/3-145) (from Ch. 108 1/2, par. 3-145)
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2 | Sec. 3-145. Referendum in municipalities less than 7,500 | ||||||
3 | 5,000 . | ||||||
4 | (a) This Article
shall not be effective in any
municipality | ||||||
5 | having a population of less than 7,500 5,000 unless the
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6 | proposition to adopt the Article is submitted
to and approved
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7 | by the voters of the municipality in the manner herein | ||||||
8 | provided.
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9 | Whenever the electors of the municipality, equal in number | ||||||
10 | to 5% of
the number of legal votes cast at the last preceding | ||||||
11 | general municipal
election, petition the city, village or town | ||||||
12 | clerk to submit the proposition
whether
that municipality shall | ||||||
13 | adopt this Article, the officer to whom the
petition is | ||||||
14 | addressed shall certify the proposition to the proper election
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15 | officials who shall submit the proposition in accordance
with | ||||||
16 | the general election law at a regular election in the | ||||||
17 | municipality
provided that notice of the referendum, if held
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18 | before July 1, 1999,
has been given in accordance with the | ||||||
19 | provisions of Section
12-5
of the Election Code in effect at | ||||||
20 | the time of the bond referendum, at least
10 and not more than | ||||||
21 | 45 days before the date of
the election, notwithstanding the | ||||||
22 | time for publication otherwise imposed by
Section 12-5.
Notices | ||||||
23 | required in connection with the submission of public questions
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24 | on or after July 1, 1999 shall be as set forth in Section 12-5 | ||||||
25 | of the Election
Code.
If the proposition is not adopted at
that |
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1 | election, it may be submitted in like manner at any regular | ||||||
2 | election
thereafter. The
proposition shall be substantially in | ||||||
3 | the following form:
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4 | -------------------------------------------------------------
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5 | Shall the city (or village or
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6 | incorporated town) of.... adopt YES
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7 | Article 3 of the "Illinois Pension -----------------------
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8 | Code", pertaining to the creation NO
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9 | of a police pension fund?
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10 | -------------------------------------------------------------
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11 | If a majority of the votes cast on the proposition
is for the | ||||||
12 | proposition, this Article is adopted in that municipality.
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13 | (b) For a period of 60 days after the effective date of | ||||||
14 | this amendatory Act of the 96th General Assembly, if a | ||||||
15 | municipality having a population of less than 5,000 has adopted | ||||||
16 | this Article in accordance with the provisions of subsection | ||||||
17 | (a), the municipality may elect to terminate participation | ||||||
18 | under this Article if all of the following conditions are met: | ||||||
19 | (1) An independent auditor certifies that the fund | ||||||
20 | created under this Article has no liabilities and there are | ||||||
21 | no members or participants in the fund and no beneficiaries | ||||||
22 | entitled to benefits under the fund. | ||||||
23 | (2) The corporate authorities of the municipality, by | ||||||
24 | ordinance, approve the closing of the fund. | ||||||
25 | If the conditions of this subsection (b) are met and the | ||||||
26 | closed fund contains assets, those assets shall be transferred |
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1 | to the municipality for its general corporate purposes.
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2 | If a municipality that terminates participation under this | ||||||
3 | Article in accordance with this subsection (b) wants to | ||||||
4 | reinstate the fund, then the proposition to re-adopt the | ||||||
5 | Article must be submitted to and approved
by the voters of the | ||||||
6 | municipality in the manner provided in subsection (a).
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7 | (Source: P.A. 96-216, eff. 8-10-09.)
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8 | (40 ILCS 5/4-103) (from Ch. 108 1/2, par. 4-103)
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9 | Sec. 4-103. Municipality. "Municipality": (1) Any city, | ||||||
10 | township, village , or incorporated town
of 7,500 5,000 or more | ||||||
11 | but less than 500,000
inhabitants, and any fire protection | ||||||
12 | district having any full-time
paid firefighters, and (2) any | ||||||
13 | city, village,
incorporated town , or township of less than | ||||||
14 | 7,500 5,000 inhabitants that has having a full-time
paid fire | ||||||
15 | department and that (i) has established, before the effective | ||||||
16 | date of this amendatory Act of the 97th General Assembly, a | ||||||
17 | fund under this Article or (ii) which adopts the provisions of | ||||||
18 | this Article article
pursuant to the provisions of Section | ||||||
19 | 4-141. The term "city council" or
"board of trustees" includes
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20 | the board of trustees of a fire protection district and the | ||||||
21 | board of town
trustees or other persons empowered to
draft the | ||||||
22 | tentative budget and appropriation ordinance and the electors | ||||||
23 | of
such a township acting at the annual or special meeting of | ||||||
24 | town
electors.
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25 | (Source: P.A. 83-1440.)
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1 | (40 ILCS 5/4-141) (from Ch. 108 1/2, par. 4-141)
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2 | Sec. 4-141. Referendum in municipalities less than 7,500 | ||||||
3 | 5,000 . This Article shall become effective in any municipality | ||||||
4 | having a population of less than
7,500 5,000 , population if the | ||||||
5 | proposition to adopt
the Article is submitted to and approved | ||||||
6 | by the voters of the
municipality in the manner herein | ||||||
7 | provided.
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8 | Whenever the electors of the municipality equal in number | ||||||
9 | to 5% of
the number of legal votes cast at the last preceding | ||||||
10 | general municipal
election for mayor or president, as the case | ||||||
11 | may be, petition the
corporate authorities of the municipality | ||||||
12 | to submit the proposition whether that
municipality shall adopt | ||||||
13 | this Article, the municipal clerk shall certify
the proposition | ||||||
14 | to the proper election official who shall submit it to the
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15 | electors in accordance with the general election law at the | ||||||
16 | next
succeeding regular election in the municipality. If the | ||||||
17 | proposition is not
adopted at that
election, it may be | ||||||
18 | submitted in like manner at any regular
election thereafter.
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19 | The proposition
shall be substantially in the following | ||||||
20 | form:
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21 | -------------------------------------------------------------
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22 | Shall the city (or village or
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23 | incorporated town as the case may be) YES
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24 | of.... adopt Article 4 of the
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25 | "Illinois Pension Code", ------------------
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1 | providing for a Firefighters' NO
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2 | Pension Fund and the levying
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3 | of an annual tax therefor?
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4 | -------------------------------------------------------------
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5 | If a majority of the votes cast on the proposition is for | ||||||
6 | the proposition,
this Article is adopted in that
municipality.
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7 | (Source: P.A. 83-1440 .)
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8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.".
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