2005 Illinois Code - Chapter 50 Local Government 50 ILCS 140/ Local Government Employees Benefits Continuation Act.

(50 ILCS 140/1) (from Ch. 85, par. 7651)

Sec. 1.

Short title.

This Act shall be known as the Local Government Employees Benefits Continuation Act.

(Source: P.A. 87‑631.)

(50 ILCS 140/2) (from Ch. 85, par. 7652)

Sec. 2.

Protected benefits.

Any employee of a unit of local government
who is a member of any reserve component of the United States Armed
Services, including the Illinois National Guard, and who is mobilized to
active military duty on or after August 1, 1990 as a result of an order of
the President of the United States, shall for each pay period beginning on
or after August 1, 1990 continue to receive the same regular compensation
that he receives or was receiving as an employee of the unit of local
government by which he is employed at the time he is or was so mobilized to
active military duty, plus any health insurance and other benefits he is or
was receiving or accruing at that time, minus the amount of his base pay
for military service, for the duration of his active military service.

In the event any provision of a collective bargaining agreement or any
policy of the employing unit of local government covering an employee so
ordered to active duty is more generous than the provisions contained in
this Section, that collective bargaining agreement or unit of local
government policy shall be controlling.

In the event that 20 percent or more of the employees of a unit of local
government are mobilized to active military duty on or after August 1, 1990,
as a result of an order of the President of the United States, the
provisions of this Act shall not apply to individuals employed by such
units of local government.

(Source: P.A. 87‑631.)

(50 ILCS 140/3) (from Ch. 85, par. 7653)

Sec. 3.

Home rule.

A home rule unit, other than any home rule unit
having a population of 1,000,000 or more inhabitants, may not limit or
restrict the right of any employee referred to in Section 2 to continue
receiving and accruing regular compensation, health insurance and other
benefits at at least the level required by this Act.  This Section is a
limitation under subsection (i) of Section 6 of Article VII of the Illinois
Constitution on the concurrent exercise by home rule units, other than any
home rule unit having a population of 1,000,000 or more inhabitants, of
powers and functions exercised by the State.

(Source: P.A. 87‑631.)

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