Bill Text: IL HB3519 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Downstate Police and Downstate Firefighter Articles of the Illinois Pension Code. In the definition of "municipality", removes a provision requiring the establishment of a police or firefighter pension fund for any city, village, or incorporated town of 5,000 or more inhabitants. Makes conforming changes. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB3519 Detail]

Download: Illinois-2019-HB3519-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3519 Introduced , by Rep. Mark Batinick SYNOPSIS AS INTRODUCED:
40 ILCS 5/3-103 from Ch. 108 1/2, par. 3-103
40 ILCS 5/3-145 from Ch. 108 1/2, par. 3-145
40 ILCS 5/4-103 from Ch. 108 1/2, par. 4-103
40 ILCS 5/4-141 from Ch. 108 1/2, par. 4-141
Amends the Downstate Police and Downstate Firefighter Articles of the Illinois Pension Code. In the definition of "municipality", removes a provision requiring the establishment of a police or firefighter pension fund for any city, village, or incorporated town of 5,000 or more inhabitants. Makes conforming changes. Effective immediately.
LRB101 10877 RPS 56020 b
FISCAL NOTE ACT MAY APPLY PENSION IMPACT NOTE ACT MAY APPLY
A BILL FOR
HB3519 LRB101 10877 RPS 56020 b
AN ACT concerning public employee benefits.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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 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 that established a fund
under this Article before the effective date of this amendatory
Act of the 101st General Assembly and (2) any city, village or
incorporated town of less than 500,000 5,000 inhabitants which,
by referendum held under Section 3-145 adopts this Article.
(Source: P.A. 83-1440.)
(40 ILCS 5/3-145) (from Ch. 108 1/2, par. 3-145)
Sec. 3-145. Referendum in municipalities less than 5,000.
(a) This Article shall not be effective in any municipality
having a population of less than 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.

HB3519 - 2 - LRB101 10877 RPS 56020 b
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
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?

HB3519 - 3 - LRB101 10877 RPS 56020 b
-------------------------------------------------------------
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
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)

HB3519 - 4 - LRB101 10877 RPS 56020 b
Sec. 4-103. Municipality. "Municipality": (1) Any city,
township, village or incorporated town of 5,000 or more but
less than 500,000 inhabitants that established a fund under
this Article before the effective date of this amendatory Act
of the 101st General Assembly, and any fire protection district
having any full-time paid firefighters, and (2) any city,
village, incorporated town or township of less than 500,000
5,000 inhabitants having a full-time paid fire department which
adopts the provisions of this 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.)
(40 ILCS 5/4-141) (from Ch. 108 1/2, par. 4-141)
Sec. 4-141. Referendum in municipalities less than 5,000.
This Article shall become effective in any municipality of less
than 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

HB3519 - 5 - LRB101 10877 RPS 56020 b
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", ------------------
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.