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1 | AMENDMENT TO HOUSE BILL 599
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2 | AMENDMENT NO. ______. Amend House Bill 599 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
4-109.1, 4-109.2, and 4-114 as follows:
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6 | (40 ILCS 5/4-109.1) (from Ch. 108 1/2, par. 4-109.1)
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7 | Sec. 4-109.1. Increase in pension.
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8 | (a) Except as provided in subsection (e), the monthly | ||||||
9 | pension of a
firefighter who retires after July 1, 1971 and | ||||||
10 | prior to January 1, 1986, shall,
upon either the first of the | ||||||
11 | month following the first anniversary of the date
of retirement | ||||||
12 | if 60 years of age or over at retirement date, or upon the | ||||||
13 | first
day of the month following attainment of age 60 if it | ||||||
14 | occurs after the first
anniversary of retirement, be increased | ||||||
15 | by 2% of the originally granted monthly
pension and by an | ||||||
16 | additional 2% in each January thereafter. Effective January
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17 | 1976, the rate of the annual increase shall be 3% of the | ||||||
18 | originally granted
monthly pension.
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19 | (b) The monthly pension of a firefighter who retired
from | ||||||
20 | service with 20 or more years of service, on or before
July 1, | ||||||
21 | 1971, shall be increased, in January of the year
following the | ||||||
22 | year of attaining age 65 or in January
1972, if then over age | ||||||
23 | 65, by 2% of the originally granted monthly
pension, for each | ||||||
24 | year the firefighter received pension payments.
In each January |
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1 | thereafter, he or she shall receive an additional
increase of | ||||||
2 | 2% of the original monthly pension. Effective
January 1976, the | ||||||
3 | rate of the annual increase shall be 3%.
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4 | (c) The monthly pension of a firefighter who is receiving
a | ||||||
5 | disability pension under this Article shall be increased, in
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6 | January of the year following the year the firefighter attains
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7 | age 60, or in January 1974, if then over age 60, by 2% of the
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8 | originally granted monthly pension for each
year he or she | ||||||
9 | received pension payments.
In each January thereafter, the | ||||||
10 | firefighter shall receive an additional
increase of 2% of the | ||||||
11 | original monthly pension. Effective January 1976,
the rate of | ||||||
12 | the annual increase shall be 3%.
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13 | (c-1) On January 1, 1998, every child's disability benefit | ||||||
14 | payable on that
date under Section 4-110 or 4-110.1 shall be | ||||||
15 | increased by an amount equal to
1/12 of 3% of the amount of the | ||||||
16 | benefit, multiplied by the number of months for
which the | ||||||
17 | benefit has been payable. On each January 1 thereafter, every
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18 | child's disability benefit payable under Section 4-110 or | ||||||
19 | 4-110.1 shall be
increased by 3% of the amount of the benefit | ||||||
20 | then being paid, including any
previous increases received | ||||||
21 | under this Article. These increases are not
subject to any | ||||||
22 | limitation on the maximum benefit amount included in Section
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23 | 4-110 or 4-110.1.
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24 | (c-2) On January 1, 2004, every pension payable to or on | ||||||
25 | behalf of a minor
or disabled surviving child that is payable | ||||||
26 | on that date under Section 4-114
shall be increased by an | ||||||
27 | amount equal to 1/12 of 3% of the amount of the
pension, | ||||||
28 | multiplied by the number of months for which the benefit has | ||||||
29 | been
payable. On January 1, 2005, January 1, 2006, January 1, | ||||||
30 | 2007, and January 1, 2008, every pension payable to or on | ||||||
31 | behalf
of a minor or disabled surviving child that is payable | ||||||
32 | under Section 4-114
shall be increased by 3% of the amount of | ||||||
33 | the pension then being paid,
including any previous increases | ||||||
34 | received under this Article. These increases
are not subject to |
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1 | any limitation on the maximum benefit amount included in
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2 | Section 4-114.
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3 | (d) The monthly pension of a firefighter who retires after | ||||||
4 | January 1,
1986, shall, upon either the first of the month | ||||||
5 | following the first
anniversary of the date of retirement if 55 | ||||||
6 | years of age or over, or
upon the first day of the month | ||||||
7 | following attainment of
age 55 if it occurs after the first | ||||||
8 | anniversary of retirement, be increased
by 1/12 of 3% of the | ||||||
9 | originally granted monthly pension for each full
month that has | ||||||
10 | elapsed since the pension began, and by an
additional 3% in | ||||||
11 | each January thereafter.
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12 | The changes made to this subsection (d) by this amendatory | ||||||
13 | Act of the 91st
General Assembly apply to all initial increases | ||||||
14 | that become payable under this
subsection on or after January | ||||||
15 | 1, 1999. All initial increases that became
payable under this | ||||||
16 | subsection on or after January 1, 1999 and before the
effective | ||||||
17 | date of this amendatory Act shall be recalculated and the | ||||||
18 | additional
amount accruing for that period, if any, shall be | ||||||
19 | payable to the pensioner in a
lump sum.
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20 | (e) Notwithstanding the provisions of subsection (a), upon | ||||||
21 | the
first day of the month following (1) the first anniversary | ||||||
22 | of the date of
retirement, or (2) the attainment of age 55, or | ||||||
23 | (3) July 1, 1987, whichever
occurs latest, the monthly pension | ||||||
24 | of a firefighter who retired on or after
January 1, 1977 and on | ||||||
25 | or before January 1, 1986 and did not receive an
increase under | ||||||
26 | subsection (a) before July 1, 1987,
shall be increased by 3% of | ||||||
27 | the originally granted monthly pension for
each full year that | ||||||
28 | has elapsed since the pension began, and by an
additional 3% in | ||||||
29 | each January thereafter. The increases provided under
this | ||||||
30 | subsection are in lieu of the increases provided in subsection | ||||||
31 | (a).
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32 | (Source: P.A. 90-32, eff. 6-27-97; 91-466, eff. 8-6-99.)
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33 | (40 ILCS 5/4-109.2) (from Ch. 108 1/2, par. 4-109.2)
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1 | Sec. 4-109.2. Minimum pension.
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2 | (a) Beginning January 1, 1984, the minimum
disability | ||||||
3 | pension granted under Section 4-110 or 4-111, the minimum
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4 | surviving spouse's pension, and the minimum retirement pension
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5 | granted to a firefighter with 20 or more years of creditable | ||||||
6 | service,
shall be $300 per month, without regard to whether the | ||||||
7 | death, disability
or retirement of the firefighter occurred | ||||||
8 | prior to that date.
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9 | Beginning July 1, 1987, the minimum retirement pension | ||||||
10 | payable to a
firefighter with 20 or more years of creditable | ||||||
11 | service, the minimum
disability pension payable under Section | ||||||
12 | 4-110 or 4-111, and the minimum
surviving spouse's pension | ||||||
13 | shall be $400 per month, without regard to
whether the death, | ||||||
14 | retirement or disability of the firefighter occurred
prior to | ||||||
15 | that date.
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16 | Beginning July 1, 1993, the minimum retirement pension | ||||||
17 | payable to a
firefighter with 20 or more years of creditable | ||||||
18 | service and the minimum
surviving spouse's pension shall be | ||||||
19 | $475 per month, without regard to
whether the firefighter was | ||||||
20 | in service on or after the effective date of
this amendatory | ||||||
21 | Act of 1993.
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22 | (b) Beginning January 1, 1999, the minimum retirement | ||||||
23 | pension payable
to a firefighter with 20 or more years of | ||||||
24 | creditable service, the minimum
disability pension payable | ||||||
25 | under Section 4-110, 4-110.1, or 4-111, and the
minimum | ||||||
26 | surviving spouse's pension shall be $600 per month, without | ||||||
27 | regard to
whether the firefighter was in service on or after | ||||||
28 | the effective date of this
amendatory Act of the 91st General | ||||||
29 | Assembly.
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30 | In the case of a pensioner whose pension began before the | ||||||
31 | effective date
of this amendatory Act and is subject to | ||||||
32 | increase under this subsection (b),
the pensioner shall be | ||||||
33 | entitled to a lump sum payment of the amount of that
increase | ||||||
34 | accruing from January 1, 1999 (or the date the pension began, |
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1 | if
later) to the effective date of this amendatory Act.
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2 | (c) Beginning January 1, 2000, the minimum retirement | ||||||
3 | pension payable
to a firefighter with 20 or more years of | ||||||
4 | creditable service, the minimum
disability pension payable | ||||||
5 | under Section 4-110, 4-110.1, or 4-111, and the
minimum | ||||||
6 | surviving spouse's pension shall be $800 per month, without | ||||||
7 | regard to
whether the firefighter was in service on or after | ||||||
8 | the effective date of this
amendatory Act of the 91st General | ||||||
9 | Assembly.
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10 | (d) Beginning January 1, 2001, the minimum retirement | ||||||
11 | pension payable
to a firefighter with 20 or more years of | ||||||
12 | creditable service, the minimum
disability pension payable | ||||||
13 | under Section 4-110, 4-110.1, or 4-111, and the
minimum | ||||||
14 | surviving spouse's pension shall be $1000 per month, without | ||||||
15 | regard to
whether the firefighter was in service on or after | ||||||
16 | the effective date of this
amendatory Act of the 91st General | ||||||
17 | Assembly.
| ||||||
18 | (e) Beginning January 1, 2004, the minimum retirement | ||||||
19 | pension payable
to a firefighter with 20 or more years of | ||||||
20 | creditable service, the minimum
disability pension payable | ||||||
21 | under Section 4-110, 4-110.1, or 4-111, and the
minimum | ||||||
22 | surviving spouse's pension shall be $1030 per month, without | ||||||
23 | regard to
whether the firefighter was in service on or after | ||||||
24 | the effective date of this
amendatory Act of the 93rd General | ||||||
25 | Assembly.
| ||||||
26 | (f) Beginning January 1, 2005, the minimum retirement | ||||||
27 | pension payable
to a firefighter with 20 or more years of | ||||||
28 | creditable service, the minimum
disability pension payable | ||||||
29 | under Section 4-110, 4-110.1, or 4-111, and the
minimum | ||||||
30 | surviving spouse's pension shall be $1060.90 per month, without | ||||||
31 | regard
to whether the firefighter was in service on or after | ||||||
32 | the effective date of
this amendatory Act of the 93rd General | ||||||
33 | Assembly.
| ||||||
34 | (g) Beginning January 1, 2006, the minimum retirement |
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1 | pension payable
to a firefighter with 20 or more years of | ||||||
2 | creditable service, the minimum
disability pension payable | ||||||
3 | under Section 4-110, 4-110.1, or 4-111, and the
minimum | ||||||
4 | surviving spouse's pension shall be $1092.73 per month, without | ||||||
5 | regard
to whether the firefighter was in service on or after | ||||||
6 | the effective date of
this amendatory Act of the 93rd General | ||||||
7 | Assembly.
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8 | (h) Beginning January 1, 2007, the minimum retirement | ||||||
9 | pension payable
to a firefighter with 20 or more years of | ||||||
10 | creditable service, the minimum
disability pension payable | ||||||
11 | under Section 4-110, 4-110.1, or 4-111, and the
minimum | ||||||
12 | surviving spouse's pension shall be $1125.51 per month, without | ||||||
13 | regard
to whether the firefighter was in service on or after | ||||||
14 | the effective date of
this amendatory Act of the 93rd General | ||||||
15 | Assembly.
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16 | (i) Beginning January 1, 2008, the minimum retirement | ||||||
17 | pension payable
to a firefighter with 20 or more years of | ||||||
18 | creditable service, the minimum
disability pension payable | ||||||
19 | under Section 4-110, 4-110.1, or 4-111, and the
minimum | ||||||
20 | surviving spouse's pension shall be $1159.27 per month, without | ||||||
21 | regard
to whether the firefighter was in service on or after | ||||||
22 | the effective date of
this amendatory Act of the 93rd General | ||||||
23 | Assembly.
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24 | (Source: P.A. 91-466, eff. 8-6-99.)
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25 | (40 ILCS 5/4-114) (from Ch. 108 1/2, par. 4-114)
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26 | Sec. 4-114. Pension to survivors. If a firefighter who is | ||||||
27 | not receiving a
disability pension under Section 4-110 or | ||||||
28 | 4-110.1 dies (1) as a result of any
illness or accident, or (2) | ||||||
29 | from any cause while in receipt of a disability
pension under | ||||||
30 | this Article, or (3) during retirement after 20 years service, | ||||||
31 | or
(4) while vested for or in receipt of a pension payable | ||||||
32 | under subsection (b)
of Section 4-109, or (5) while a deferred | ||||||
33 | pensioner, having made all required
contributions, a pension |
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1 | shall be paid to his or her survivors, based on the
monthly | ||||||
2 | salary attached to the firefighter's rank on the last day of | ||||||
3 | service
in the fire department, as follows:
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4 | (a) To the surviving spouse, a monthly pension of
40% of | ||||||
5 | the monthly salary, and to the guardian of any minor child or
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6 | children including a child which has been conceived but not yet | ||||||
7 | born, 12%
of such monthly salary for each such child until | ||||||
8 | attainment of age 18 or
until the child's marriage, whichever | ||||||
9 | occurs first. Beginning July 1,
1993, the monthly pension to | ||||||
10 | the surviving spouse shall be 54% of the
monthly salary for all | ||||||
11 | persons receiving a surviving spouse pension under
this | ||||||
12 | Article, regardless of whether the deceased firefighter was in | ||||||
13 | service
on or after the effective date of this amendatory Act | ||||||
14 | of 1993.
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15 | Beginning January 1, 2004, the total monthly pension | ||||||
16 | payable under
this paragraph (a) to the surviving spouse of a | ||||||
17 | firefighter who died while
receiving a retirement pension, | ||||||
18 | including any amount payable on account of
children, shall be | ||||||
19 | no less than 100% of the monthly retirement pension that
the | ||||||
20 | deceased firefighter was receiving at the time of death, | ||||||
21 | including any
increases under Section 4-109.1. This minimum | ||||||
22 | applies to all such surviving
spouses who are eligible to | ||||||
23 | receive a surviving spouse pension, regardless of
whether the | ||||||
24 | deceased firefighter was in service on or after the effective | ||||||
25 | date
of this amendatory Act of the 93rd General Assembly, and | ||||||
26 | notwithstanding any
limitation on maximum pension under | ||||||
27 | paragraph (d) or any other provision of
this Article.
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28 | The pension to the surviving spouse shall terminate in the | ||||||
29 | event of the
surviving spouse's remarriage prior to July 1, | ||||||
30 | 1993; remarriage on or after
that date does not affect the | ||||||
31 | surviving spouse's pension, regardless of
whether the deceased | ||||||
32 | firefighter was in service on or after the effective
date of | ||||||
33 | this amendatory Act of 1993.
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34 | The surviving spouse's pension shall be subject to the |
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1 | minimum established
in Section 4-109.2.
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2 | (b) Upon the death of the surviving spouse leaving one or | ||||||
3 | more minor
children, to the duly appointed guardian of each | ||||||
4 | such child, for support
and maintenance of each such child | ||||||
5 | until the child reaches age 18 or
marries, whichever occurs | ||||||
6 | first, a monthly pension of 20% of the monthly
salary.
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7 | (c) If a deceased firefighter leaves no surviving spouse or | ||||||
8 | unmarried
minor children under age 18, but leaves a dependent | ||||||
9 | father or mother, to
each dependent parent a monthly pension of | ||||||
10 | 18% of the monthly salary. To
qualify for the pension, a | ||||||
11 | dependent parent must furnish satisfactory proof
that the | ||||||
12 | deceased firefighter was at the time of his or her death the | ||||||
13 | sole
supporter of the parent or that the parent was the | ||||||
14 | deceased's dependent for
federal income tax purposes.
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15 | (d) The total pension provided under paragraphs (a), (b) | ||||||
16 | and (c) of this
Section shall not exceed 75% of the monthly | ||||||
17 | salary of the deceased firefighter
(1) when paid to the | ||||||
18 | survivor of a firefighter who has attained 20 or more
years of | ||||||
19 | service credit and who receives or is eligible to receive a | ||||||
20 | retirement
pension under this Article, or (2) when paid to the | ||||||
21 | survivor of a firefighter
who dies as a result of illness or | ||||||
22 | accident, or (3) when paid to the survivor
of a firefighter who | ||||||
23 | dies from any cause while in receipt of a disability
pension | ||||||
24 | under this Article, or (4) when paid to the survivor of a | ||||||
25 | deferred
pensioner. For all other survivors of deceased | ||||||
26 | firefighters, the total pension
provided under paragraphs (a), | ||||||
27 | (b) and (c) of this Section shall not exceed 50%
of the | ||||||
28 | retirement annuity the firefighter would have received on the | ||||||
29 | date of
death.
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30 | The maximum pension limitations in this paragraph (d) do | ||||||
31 | not control
over any contrary provision of this Article | ||||||
32 | explicitly establishing a minimum
amount of pension or granting | ||||||
33 | a one-time or annual increase in pension.
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34 | (e) If a firefighter leaves no eligible survivors under |
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1 | paragraphs (a),
(b) and (c), the board shall refund to the | ||||||
2 | firefighter's estate the amount
of his or her accumulated | ||||||
3 | contributions, less the amount of pension
payments, if any, | ||||||
4 | made to the firefighter while living.
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5 | (f) An adopted child is eligible for the pension provided | ||||||
6 | under
paragraph (a) if the child was adopted before the | ||||||
7 | firefighter attained age 50.
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8 | (g) If a judgment of dissolution of marriage between a | ||||||
9 | firefighter and
spouse is judicially set aside subsequent to | ||||||
10 | the firefighter's death, the
surviving spouse is eligible for | ||||||
11 | the pension provided in paragraph (a) only
if the judicial | ||||||
12 | proceedings are filed within 2 years after the date of the
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13 | dissolution of marriage and within one year after the | ||||||
14 | firefighter's death and
the board is made a party to the | ||||||
15 | proceedings. In such case the pension shall be
payable only | ||||||
16 | from the date of the court's order setting aside the judgment | ||||||
17 | of
dissolution of marriage.
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18 | (h) Benefits payable on account of a child under this | ||||||
19 | Section shall
not be reduced or terminated by reason of the | ||||||
20 | child's attainment of age 18
if he or she is then dependent by | ||||||
21 | reason of a physical or mental disability
but shall continue to | ||||||
22 | be paid as long as such dependency continues.
Individuals over | ||||||
23 | the age of 18 and adjudged as a disabled person pursuant
to | ||||||
24 | Article XIa of the Probate Act of 1975, except for persons | ||||||
25 | receiving
benefits under Article III of the Illinois Public Aid | ||||||
26 | Code, shall be
eligible to receive benefits under this Act.
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27 | (i) Beginning January 1, 2000, the pension of the surviving | ||||||
28 | spouse of
a firefighter who dies on or after January 1, 1994 as | ||||||
29 | a result of sickness,
accident, or injury incurred in or | ||||||
30 | resulting from the performance of an act of
duty or from the | ||||||
31 | cumulative effects of acts of duty shall not be less than 100%
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32 | of the salary attached to the rank held by the deceased | ||||||
33 | firefighter on the last
day of service, notwithstanding | ||||||
34 | subsection (d) or any other provision of
this Article.
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1 | (Source: P.A. 91-466, eff. 8-6-99.)
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2 | Section 90. The State Mandates Act is amended by adding | ||||||
3 | Section 8.28 as
follows:
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4 | (30 ILCS 805/8.28 new)
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5 | Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and | ||||||
6 | 8 of this
Act, no reimbursement by the State is required for | ||||||
7 | the implementation of
any mandate created by this amendatory | ||||||
8 | Act of the 93rd General Assembly.
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9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.".
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