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| 1 | | HOUSE JOINT RESOLUTION
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| 2 | | CONSTITUTIONAL AMENDMENT 5
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| 3 | | RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE |
| 4 | | NINETY-SEVENTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE |
| 5 | | SENATE CONCURRING HEREIN, that there shall be submitted to the |
| 6 | | electors of the State for adoption or rejection at the general |
| 7 | | election next occurring at least 6 months after the adoption of |
| 8 | | this resolution a proposition to amend Article XIII of the |
| 9 | | Illinois Constitution by adding Section 5.1 as follows:
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| 10 | | ARTICLE XIII
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| 11 | | GENERAL PROVISIONS
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| 12 | | (ILCON Art. XIII, Sec. 5.1 new) |
| 13 | | SECTION 5.1. PENSION BENEFIT INCREASES |
| 14 | | (a) A bill shall not become a law without the concurrence |
| 15 | | of three-fifths
of the members elected to each house of the |
| 16 | | General Assembly if that bill increases a benefit under any |
| 17 | | pension or retirement system of the State, any unit of
local |
| 18 | | government or school district, or any agency or instrumentality
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| 19 | | thereof. However, if the Governor vetoes a bill so passed by |
| 20 | | returning it with his objections to the house in which it |
| 21 | | originated, then that bill shall not become law unless, upon |
| 22 | | its return, it is passed by a record vote of two-thirds of the |
| 23 | | members elected to each house of the General Assembly. |
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| 1 | | Likewise, if the Governor returns a bill so passed with |
| 2 | | specific recommendations for change to the house in which it |
| 3 | | originated, then those recommendations may be accepted only by |
| 4 | | a record vote of two-thirds of the members elected to each |
| 5 | | house of the General Assembly. The provisions of this |
| 6 | | subsection (a) apply notwithstanding Article IV. |
| 7 | | (b) An ordinance, resolution, or other action of the |
| 8 | | governing body of any unit of
local government or school |
| 9 | | district shall not be valid without the concurrence of |
| 10 | | three-fifths
of the members of that governing body if that |
| 11 | | ordinance, resolution, or other action increases a benefit |
| 12 | | under any pension or retirement system for officials or |
| 13 | | employees of that unit of
local government or school district, |
| 14 | | or any agency or instrumentality
thereof. |
| 15 | | (c) For the purposes of this Section, a bill, ordinance, |
| 16 | | resolution, or other action increases a benefit if it increases |
| 17 | | the amount of an existing benefit, adds a new benefit, or |
| 18 | | expands the class of persons eligible for a benefit, regardless |
| 19 | | of whether it includes an increase in contributions or a |
| 20 | | reduction in any other benefit. |
| 21 | | (d) For the purposes of this Section, an increase in salary |
| 22 | | does not, by itself, constitute an increase in benefits. |
| 23 | | However, the provisions of this Section do apply to (i) an |
| 24 | | increase in salary resulting from the inclusion of a new |
| 25 | | category of benefits, bonuses, incentives, perquisites, or |
| 26 | | other compensation that previously was not considered a part of |