40 ILCS 5/21-105
2021 Illinois Compiled Statutes|Chapter 40 - PENSIONS|40 ILCS 5/ - Illinois Pension Code.|Article 21 - Social Security Enabling Act

 (from Ch. 108 1/2, par. 21-105)Sec. 21-105.     Retirement systems - election of coverage.     A referendum  on the question  of coverage under the Social Security Act may be authorized by the Governor  with respect to any retirement system, or by the  board of trustees of such system, or by the governing body of any  political subdivision which has established a retirement system, except  for a retirement system established under Article  3, 4, 5 or 6 of this Code.Such a referendum shall also be held upon petition  signed by at least 10% of the members of any retirement system except for  a retirement system established  under Article 3, 4, 5 or 6 of this Code. Such  petition shall be examined and checked by the governing body or board of  trustees of the retirement system, and such  board or body shall certify that each signer of the petition is an  eligible member qualified  to vote in such referendum, and that the names of all ineligible individuals  have been stricken.Prior to a referendum on that question and to the notice of  the referendum required by either Section 218(d)(3) or 218(d)(7)  of the Social  Security Act, a plan of coverage shall be formulated by the governing  body of each retirement system or Board of Trustees, as the case may be,  whose members are to participate in the referendum for the coordination  of the retirement system with the social security insurance provisions  of Title II of the Social Security Act.Where a retirement system is governed by an Act of the State of  Illinois, such plan of coverage shall be presented to the General  Assembly for enactment by amendment to such Act.The ballot to be used in the  referendum shall contain a clear description of the plan of coverage,  which description may take the form of a summary statement setting forth  the changes or revisions, if any, to be made in the benefit and  contribution provisions of the retirement system, and the obligations to  be imposed upon the members of the system if the plan of coverage is  approved in the referendum and their positions are included under an  agreement pursuant to the provisions of this Article.The referendum shall be subject to the following conditions:(a) Only eligible employees as defined in Section 218(d)(3) of the Social  Security Act shall be permitted to vote.(b) Should such referendum under Section 218(d)(3)  fail to obtain approval, any subsequent referendum among members  of the retirement  system in question shall not be held for a period of at least 3 years  from the date of the  referendum.(c) Upon receipt of satisfactory proof that the conditions of the  referendum specified in either Section 218(d)(3) or Section 218(d)(7)  of the Social Security Act have been met, the Governor or an official of the  State designated by him shall so certify to the Secretary. Proper steps  to give effect to the results of the referendum  shall then be taken by the State Agency, and a modification to the  Federal-State Agreement shall be executed in accordance with  Section 21-108 within a period of 2 years from the date of the referendum.    (Source: P.A. 84-1028.)