2005 Illinois Code - Chapter 50 Local Government 50 ILCS 120/ Municipal Employees Military Active Duty Act.
(50 ILCS 120/0.01)(from Ch. 24 1/2, par. 149m) Sec. 0.01. Short title. This Act may be cited as the
Municipal Employees Military Active Duty Act. (Source: P.A. 86‑1324.)
(50 ILCS 120/1)(from Ch. 24 1/2, par. 150) Sec. 1. Whenever the corporate authorities of any municipal corporation, as
defined in this Act, by ordinance, resolution, rule or order heretofore
passed or which may hereafter be passed, shall provide for the preservation
of civil service and pension rights, either or both, of employees of such
municipal corporation who, after September 16, 1940, enlist or have been or
may be ordered to active Federal service or inducted into the land or naval
forces of the United States pursuant to the "Military Selective Service
Act" or other Acts of Congress, or who have been ordered to active duty
in the military or naval forces of the State of Illinois, it shall be the
duty of all officers affected or concerned to do all things necessary to be
done and to perform all acts required to carry out and effectuate the
purpose and intent of such ordinance, resolution, rule or order. (Source: P.A. 83‑333.)
(50 ILCS 120/2)(from Ch. 24 1/2, par. 151) Sec. 2. Any employee holding a position by virtue of any Act governing the
civil service of such municipal corporation who enlists or has been or may
be ordered to active Federal service, State military or naval service or
inducted into the land or naval forces of the United States as provided in
Section 1 of this Act may be considered as being on furlough or leave of
absence during his period of training and service and for forty days after
he is relieved from such training and service as provided in the "Military
Selective Service Act" or other Acts of Congress, and, unless incapacitated
from the performance of the duties thereof, may be restored to such
position without loss of seniority or to such other position as his civil
service status would have entitled him had he been continuously in the
active service of such municipal corporation during the period of such
furlough or leave of absence. (Source: P.A. 83‑333.)
(50 ILCS 120/3)(from Ch. 24 1/2, par. 152) Sec. 3. The corporate authorities of any such municipal corporation may
provide that, during the period of such furlough or leave of absence,
payments shall be made to any pension fund from any funds under their
control in lieu of deductions which would have been made from the salary of
such employe had he continued in active service as an employe of such
municipal corporation and in that event the pension trustees shall treat
such payments in the same manner and with the same effect as if such
payments were deductions from the salary of such employe, and shall also
credit such employe with such concurrent contributions or other credits
from the Municipal Corporation from taxes levied or to be levied for any
such purposes as may be provided in the Act creating such pension fund for
contributors thereto. (Source: Laws 1941, vol. 1, p. 402.)
(50 ILCS 120/4)(from Ch. 24 1/2, par. 153) Sec. 4. The following words and terms used in this Act shall have the
meaning hereby assigned to them, respectively: "Employe": any officer or person holding a position in the service of a
municipal corporation at the time he enlists or is inducted in the land or
naval forces of the United States or ordered to active duty in the military
or naval forces of the State of Illinois. "Municipal corporation": any county, city, village, incorporated town,
township, school district, board of education, park district, forest
preserve district, sanitary district, or other municipal body or local
governmental agency of the State. "Officers affected or concerned": any officer of any municipal
corporation or officer administering a pension fund. "Pension fund": any pension fund, annuity and benefit fund, annuity and
retirement fund, and any fund having for its purpose the payment of
retirement or disability benefits, either or both, in operation by force of
law or pursuant to legislative enactment, or by virtue of ordinance of a
municipal corporation. "Pension fund trustees": any board of trustees, retirement board or
officers administering a pension fund. (Source: Laws 1943, vol. 1, p. 445.)
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