HB4469 101ST GENERAL ASSEMBLY

LRB101 16439 AWJ 65818 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4469

Introduced 2/3/2020, by Rep. Allen Skillicorn

SYNOPSIS AS INTRODUCED:

50 ILCS 145/2
50 ILCS 145/3
50 ILCS 145/25

Amends the Local Government Officer Compensation Act. Makes the Act applicable to both elected and appointed officers (rather than only elected officers) of school districts and units of local government. Limits home rule powers.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Local Government Officer Compensation Act is amended by changing Sections 2, 3, and 25 as follows:

(50 ILCS 145/2)

Sec. 2. Time of fixing compensation. Notwithstanding any other law to the contrary, the compensation of elected or appointed officers of school districts and units of local government, including home rule units, which compensation is to be fixed by that school district or unit of local government, shall be fixed at least 180 days before the beginning of the terms of the officers whose compensation is to be fixed.

(Source: P.A. 89-405, eff. 11-8-95.)

(50 ILCS 145/3)

Sec. 3. Preemption. A home rule unit may not fix the compensation of elected or appointed officers of that unit of local government in a manner inconsistent with this Act. This Act is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(Source: P.A. 89-405, eff. 11-8-95.)

(50 ILCS 145/25)

Sec. 25. Elected or appointed official salary.

(a) Notwithstanding the provision of any other law to the contrary, an elected or appointed officer of a unit of local government that is a participating employer under the Illinois Municipal Retirement Fund shall not receive any salary or other compensation from the unit of local government if the member is receiving pension benefits from the Illinois Municipal Retirement Fund under Article 7 of the Illinois Pension Code for the elected or appointed official's service in that same elected or appointed position. If an elected or appointed officer is receiving benefits from the Illinois Municipal Retirement Fund on August 23, 2019 (the effective date of Public Act 101-544), the elected or appointed official's salary and compensation shall be reduced to zero at the beginning of the member's next term if the member is still receiving such pension benefits.

(b) This Section does not apply to a unit of local government that has adopted an ordinance or resolution effective prior to January 1, 2019 that: (i) reduces the compensation of an elected or appointed official of the unit of local government who is receiving pension benefits from the Illinois Municipal Retirement Fund under Article 7 of the Illinois Pension Code for his or her service as an elected or appointed official in the same elected or appointed position of that unit of local government; and (ii) changes the official's position to part-time.

(Source: P.A. 101-544, eff. 8-23-19; 101-610, eff. 1-1-20.)