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Sen. John J. Cullerton
Filed: 5/29/2012
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1 | | AMENDMENT TO HOUSE BILL 1447
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2 | | AMENDMENT NO. ______. Amend House Bill 1447, AS AMENDED, by |
3 | | replacing everything after the enacting clause with the |
4 | | following:
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5 | | "Section 5. The Illinois Public Labor Relations Act is |
6 | | amended by changing Sections 4 and 15 as follows: |
7 | | (5 ILCS 315/4) (from Ch. 48, par. 1604)
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8 | | Sec. 4. Management Rights. Employers shall not be required |
9 | | to bargain
over matters of inherent managerial policy, which |
10 | | shall include such areas
of discretion or policy as the |
11 | | functions of the employer, standards of
services,
its overall |
12 | | budget, the organizational structure and selection of new
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13 | | employees, examination techniques
and direction of employees. |
14 | | Employers, however, shall be required to bargain
collectively |
15 | | with regard to
policy matters directly affecting wages (but |
16 | | subject to any applicable restrictions in Section 14-106.5 of |
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1 | | the Illinois Pension Code) , hours and terms and conditions of |
2 | | employment
as well as the impact thereon upon request by |
3 | | employee representatives , but excluding the changes, the |
4 | | impact of changes, and the implementation of the changes set |
5 | | forth in this amendatory Act of the 97th General Assembly .
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6 | | To preserve the rights of employers and exclusive |
7 | | representatives which
have established collective bargaining |
8 | | relationships or negotiated collective
bargaining agreements |
9 | | prior to the effective date of this Act, employers
shall be |
10 | | required to bargain collectively with regard to any matter |
11 | | concerning
wages (but subject to any applicable restrictions in |
12 | | Section 14-106.5 of the Illinois Pension Code) , hours or |
13 | | conditions of employment about which they have bargained
for |
14 | | and agreed to in a collective bargaining agreement
prior to the |
15 | | effective date of this Act , but excluding the changes, the |
16 | | impact of changes, and the implementation of the changes set |
17 | | forth in this amendatory Act of the 97th General Assembly .
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18 | | The chief judge of the judicial circuit that employs a |
19 | | public employee who
is
a court reporter, as defined in the |
20 | | Court Reporters Act, has the authority to
hire, appoint, |
21 | | promote, evaluate, discipline, and discharge court reporters
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22 | | within that judicial circuit.
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23 | | Nothing in this amendatory Act of the 94th General Assembly |
24 | | shall
be construed to intrude upon the judicial functions of |
25 | | any court. This
amendatory Act of the 94th General Assembly |
26 | | applies only to nonjudicial
administrative matters relating to |
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1 | | the collective bargaining rights of court
reporters.
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2 | | (Source: P.A. 94-98, eff. 7-1-05.)
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3 | | (5 ILCS 315/15) (from Ch. 48, par. 1615)
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4 | | Sec. 15. Act Takes Precedence. |
5 | | (a) In case of any conflict between the
provisions of this |
6 | | Act and any other law (other than Section 5 of the State |
7 | | Employees Group Insurance Act of 1971 and other than the |
8 | | changes made to the Illinois Pension Code by Public Act 96-889 |
9 | | and the changes, impact of changes, and the implementation of |
10 | | the changes made to the Illinois Pension Code and the State |
11 | | Employees Group Insurance Act of 1971 by this amendatory Act of |
12 | | the 97th 96th General Assembly), executive order or |
13 | | administrative
regulation relating to wages, hours and |
14 | | conditions of employment and employment
relations, the |
15 | | provisions of this Act or any collective bargaining agreement
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16 | | negotiated thereunder shall prevail and control.
Nothing in |
17 | | this Act shall be construed to replace or diminish the
rights |
18 | | of employees established by Sections 28 and 28a of the |
19 | | Metropolitan
Transit Authority Act, Sections 2.15 through 2.19 |
20 | | of the Regional Transportation
Authority Act. The provisions of |
21 | | this Act are subject to the changes made by this amendatory Act |
22 | | of the 97th General Assembly, including Section 14-106.5 of the |
23 | | Illinois Pension Code, and Section 5 of the State Employees |
24 | | Group Insurance Act of 1971. Nothing in this Act shall be |
25 | | construed to replace the necessity of complaints against a |
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1 | | sworn peace officer, as defined in Section 2(a) of the Uniform |
2 | | Peace Officer Disciplinary Act, from having a complaint |
3 | | supported by a sworn affidavit.
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4 | | (b) Except as provided in subsection (a) above, any |
5 | | collective bargaining
contract between a public employer and a |
6 | | labor organization executed pursuant
to this Act shall |
7 | | supersede any contrary statutes, charters, ordinances, rules
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8 | | or regulations relating to wages, hours and conditions of |
9 | | employment and
employment relations adopted by the public |
10 | | employer or its agents. Any collective
bargaining agreement |
11 | | entered into prior to the effective date of this Act
shall |
12 | | remain in full force during its duration.
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13 | | (c) It is the public policy of this State, pursuant to |
14 | | paragraphs (h)
and (i) of Section 6 of Article VII of the |
15 | | Illinois Constitution, that the
provisions of this Act are the |
16 | | exclusive exercise by the State of powers
and functions which |
17 | | might otherwise be exercised by home rule units. Such
powers |
18 | | and functions may not be exercised concurrently, either |
19 | | directly
or indirectly, by any unit of local government, |
20 | | including any home rule
unit, except as otherwise authorized by |
21 | | this Act.
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22 | | (Source: P.A. 95-331, eff. 8-21-07; 96-889, eff. 1-1-11 .)
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23 | | Section 10. The State Employees Group Insurance Act of 1971 |
24 | | is amended by adding Section 6.16 as follows: |
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1 | | (5 ILCS 375/6.16 new) |
2 | | Sec. 6.16. Health benefit election for Tier I employees and |
3 | | Tier I retirees. |
4 | | (a) For purposes of this Section: |
5 | | "Eligible Tier I employee" means an individual who makes or |
6 | | is deemed to have made an election under paragraph (1) of |
7 | | subsection (a) of Sections 2-110.3 and 14-106.5 of the Illinois |
8 | | Pension Code. |
9 | | "Eligible Tier I retiree" means an individual who makes or |
10 | | is deemed to have made an election under paragraph (1) of |
11 | | subsection (a-5) of Sections 2-110.3 and 14-106.5 of the |
12 | | Illinois Pension Code. |
13 | | "Program of health benefits" means (i) a health plan, as |
14 | | defined in subsection (o) of Section 3 of this Act, that is |
15 | | designed and contracted for by the Director under this Act or |
16 | | any successor Act or (ii) if administration of that health plan |
17 | | is transferred to a trust established by the State or an |
18 | | independent Board in order to provide health benefits to a |
19 | | class of a persons that includes eligible Tier I retirees, then |
20 | | the plan of health benefits provided through that trust. |
21 | | (b) As adequate and legal consideration for making the |
22 | | election under paragraph (1) of subsection (a) or (a-5) of |
23 | | Sections 2-110.3 and 14-106.5 of the Illinois Pension Code, |
24 | | each eligible Tier I employee and each eligible Tier I retiree |
25 | | shall receive a vested and enforceable contractual right to |
26 | | participate in a program of health benefits while he or she |
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1 | | qualifies as an annuitant or retired employee. That right also |
2 | | extends to such a person's dependents and survivors who are |
3 | | eligible under the applicable program of health benefits. |
4 | | (c) Notwithstanding subsection (b), eligible Tier I |
5 | | employees and eligible Tier I retirees may be required to make |
6 | | contributions toward the cost of coverage under a program of |
7 | | health benefits. |
8 | | (d) The vested and enforceable contractual right to a |
9 | | program of health benefits is not offered as, and shall not be |
10 | | considered, a pension benefit under Article XIII, Section 5 of |
11 | | the Illinois Constitution, the Illinois Pension Code, or any |
12 | | subsequent or successor enactment providing pension benefits. |
13 | | (e) Notwithstanding any other provision of this Act, a Tier |
14 | | I employee or Tier I retiree who has made an election under |
15 | | paragraph (2) of subsection (a) or (a-5) of Sections 2-110.3 |
16 | | and 14-106.5 of the Illinois Pension Code shall not be entitled |
17 | | to participate in the program of health benefits as an |
18 | | annuitant or retired employee receiving a retirement annuity, |
19 | | regardless of any contrary election pursuant to any of those |
20 | | Sections under any other retirement system. |
21 | | Notwithstanding any other provision of this Act, a Tier I |
22 | | employee who is not entitled to participate in the program of |
23 | | health benefits as an annuitant or retired employee receiving a |
24 | | retirement annuity, due to an election under paragraph (2) of |
25 | | subsection (a) or (a-5) of Sections 2-110.3 and 14-106.5 of the |
26 | | Illinois Pension Code shall not be required to make |
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1 | | contributions toward the program of health benefits while he or |
2 | | she is an employee or active contributor. However, an active |
3 | | employee may be required to make contributions toward health |
4 | | benefits he or she receives during active service. |
5 | | (f) The Department shall coordinate with each retirement |
6 | | system administering an election in accordance with this |
7 | | amendatory Act of the 97th General Assembly to provide |
8 | | information concerning the impact of the election of health |
9 | | benefits. Each System shall include information prepared by the |
10 | | Department in the required election packet. The Department |
11 | | shall make information available to Tier I employees and Tier I |
12 | | retirees through video materials, group presentations, |
13 | | consultation by telephone or other electronic means, or any |
14 | | combination of these methods. |
15 | | Section 15. The Governor's Office of Management and Budget |
16 | | Act is amended by changing Sections 7 and 8 as follows:
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17 | | (20 ILCS 3005/7) (from Ch. 127, par. 417)
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18 | | Sec. 7.
All statements and estimates of expenditures |
19 | | submitted to the
Office in connection with the preparation of a |
20 | | State budget, and any other
estimates of expenditures, |
21 | | supporting requests for appropriations, shall be
formulated |
22 | | according to the various functions and activities for which the
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23 | | respective department, office or institution of the State |
24 | | government
(including the elective officers in the executive |
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1 | | department and including
the University of Illinois and the |
2 | | judicial department) is responsible. All
such statements and |
3 | | estimates of expenditures relating to a particular
function or |
4 | | activity shall be further formulated or subject to analysis in
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5 | | accordance with the following classification of objects:
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6 | | (1) Personal services
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7 | | (2) State contribution for employee group insurance
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8 | | (3) Contractual services
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9 | | (4) Travel
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10 | | (5) Commodities
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11 | | (6) Equipment
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12 | | (7) Permanent improvements
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13 | | (8) Land
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14 | | (9) Electronic Data Processing
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15 | | (10) Telecommunication services
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16 | | (11) Operation of Automotive Equipment
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17 | | (12) Contingencies
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18 | | (13) Reserve
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19 | | (14) Interest
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20 | | (15) Awards and Grants
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21 | | (16) Debt Retirement
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22 | | (17) Non-cost Charges .
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23 | | (18) State retirement contribution for annual normal cost |
24 | | (19) State retirement contribution for unfunded accrued |
25 | | liability. |
26 | | (Source: P.A. 93-25, eff. 6-20-03 .)
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1 | | (20 ILCS 3005/8) (from Ch. 127, par. 418)
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2 | | Sec. 8.
When used in connection with a State budget or |
3 | | expenditure or
estimate, items (1) through (16) in the |
4 | | classification of objects stated in
Section 7 shall have the |
5 | | meanings ascribed to those items in Sections 14
through 24.7, |
6 | | respectively, of the State Finance Act. "An Act in relation to |
7 | | State finance",
approved June 10, 1919, as amended.
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8 | | When used in connection with a State budget or expenditure |
9 | | or
estimate, items (18) and (19) in the classification of |
10 | | objects stated in
Section 7 shall have the meanings ascribed to |
11 | | those items in Sections 24.12 and 24.13, respectively, of the |
12 | | State Finance Act. |
13 | | (Source: P.A. 82-325.)
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14 | | Section 20. The Illinois State Auditing Act is amended by |
15 | | adding Section 2-8.1 as follows: |
16 | | (30 ILCS 5/2-8.1 new) |
17 | | Sec. 2-8.1. Actuarial Responsibilities. |
18 | | (a) The Auditor General shall contract with or hire an |
19 | | actuary to serve as the State Actuary. The State Actuary shall |
20 | | be retained by, serve at the pleasure of, and be under the |
21 | | supervision of the Auditor General and shall be paid from |
22 | | appropriations to the office of the Auditor General. The State |
23 | | Actuary may be selected by the Auditor General without engaging |
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1 | | in a competitive procurement process. |
2 | | (b) The State Actuary shall: |
3 | | (1) review assumptions and valuations prepared by |
4 | | actuaries retained by the boards of trustees of the |
5 | | State-funded retirement systems; |
6 | | (2) issue preliminary reports to the boards of trustees |
7 | | of the State-funded retirement systems concerning proposed |
8 | | certifications of required State contributions submitted |
9 | | to the State Actuary by those boards; |
10 | | (3) cooperate with the boards of trustees of the |
11 | | State-funded retirement systems to identify recommended |
12 | | changes in actuarial assumptions that the boards must |
13 | | consider before finalizing their certifications of the |
14 | | required State contributions; |
15 | | (4) conduct reviews of the actuarial practices of the |
16 | | boards of trustees of the State-funded retirement systems; |
17 | | (5) make additional reports as directed by joint |
18 | | resolution of the General Assembly; and |
19 | | (6) perform any other duties assigned by the Auditor |
20 | | General, including, but not limited to, reviews of the |
21 | | actuarial practices of other entities. |
22 | | (c) On or before January 1, 2013 and each January 1 |
23 | | thereafter, the Auditor General shall submit a written report |
24 | | to the General Assembly and Governor documenting the initial |
25 | | assumptions and valuations prepared by actuaries retained by |
26 | | the boards of trustees of the State-funded retirement systems, |
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1 | | any changes recommended by the State Actuary in the actuarial |
2 | | assumptions, and the responses of each board to the State |
3 | | Actuary's recommendations. |
4 | | (d) For the purposes of this Section, "State-funded |
5 | | retirement system" means a retirement system established |
6 | | pursuant to Article 2, 14, 15, 16, or 18 of the Illinois |
7 | | Pension Code. |
8 | | Section 25. The State Finance Act is amended by changing |
9 | | Section 13 and by adding Sections 24.12 and 24.13 as follows:
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10 | | (30 ILCS 105/13) (from Ch. 127, par. 149)
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11 | | Sec. 13.
The objects and purposes for which appropriations |
12 | | are made
are classified and standardized by items as follows:
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13 | | (1) Personal services;
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14 | | (2) State contribution for employee group insurance;
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15 | | (3) Contractual services;
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16 | | (4) Travel;
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17 | | (5) Commodities;
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18 | | (6) Equipment;
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19 | | (7) Permanent improvements;
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20 | | (8) Land;
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21 | | (9) Electronic Data Processing;
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22 | | (10) Operation of automotive equipment;
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23 | | (11) Telecommunications services;
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24 | | (12) Contingencies;
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1 | | (13) Reserve;
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2 | | (14) Interest;
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3 | | (15) Awards and Grants;
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4 | | (16) Debt Retirement;
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5 | | (17) Non-Cost Charges;
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6 | | (18) State retirement contribution for annual normal cost; |
7 | | (19) State retirement contribution for unfunded accrued |
8 | | liability; |
9 | | (20) (18) Purchase Contract for Real Estate.
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10 | | When an appropriation is made to an officer, department, |
11 | | institution,
board, commission or other agency, or to a private |
12 | | association or
corporation, in one or more of the items above |
13 | | specified, such
appropriation shall be construed in accordance |
14 | | with the definitions and
limitations specified in this Act, |
15 | | unless the appropriation act
otherwise provides.
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16 | | An appropriation for a purpose other than one specified and |
17 | | defined
in this Act may be made only as an additional, separate |
18 | | and distinct
item, specifically stating the object and purpose |
19 | | thereof.
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20 | | (Source: P.A. 84-263; 84-264.)
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21 | | (30 ILCS 105/24.12 new) |
22 | | Sec. 24.12. "State retirement contribution for annual |
23 | | normal cost" defined. The term "State retirement contribution |
24 | | for annual normal cost" means the portion of the total required |
25 | | State contribution to a retirement system for a fiscal year |
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1 | | that represents the State's portion of the System's projected |
2 | | normal cost for that fiscal year, as determined and certified |
3 | | by the board of trustees of the retirement system in |
4 | | conformance with the applicable provisions of the Illinois |
5 | | Pension Code. |
6 | | (30 ILCS 105/24.13 new) |
7 | | Sec. 24.13. "State retirement contribution for unfunded |
8 | | accrued liability" defined. The term "State retirement |
9 | | contribution for unfunded accrued liability" means the portion |
10 | | of the total required State contribution to a retirement system |
11 | | for a fiscal year that is not included in the State retirement |
12 | | contribution for annual normal cost. |
13 | | Section 30. The Illinois Pension Code is amended by |
14 | | changing Sections 1-103.3, 2-108, 2-119.1, 2-124, 2-134, |
15 | | 7-109, 14-103.10, 14-106, 14-114, 14-131, 14-132, 14-133, |
16 | | 14-135.08, 14-152.1, 16-158, and 18-140, and by adding Sections |
17 | | 1-162, 2-105.1, 2-105.2, 2-107.9, 2-110.3, 14-103.40, |
18 | | 14-103.41, 14-103.42, and 14-106.5 as follows:
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19 | | (40 ILCS 5/1-103.3)
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20 | | Sec. 1-103.3. Application of 1994 amendment; funding |
21 | | standard.
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22 | | (a) The provisions of Public Act 88-593 this amendatory Act |
23 | | of 1994 that change the method of
calculating, certifying, and |
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1 | | paying the required State contributions to the
retirement |
2 | | systems established under Articles 2, 14, 15, 16, and 18 shall
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3 | | first apply to the State contributions required for State |
4 | | fiscal year 1996.
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5 | | (b) (Blank). The General Assembly declares that a funding |
6 | | ratio (the ratio of a
retirement system's total assets to its |
7 | | total actuarial liabilities) of 90% is
an appropriate goal for |
8 | | State-funded retirement systems in Illinois, and it
finds that |
9 | | a funding ratio of 90% is now the generally-recognized norm
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10 | | throughout the nation for public employee retirement systems |
11 | | that are
considered to be financially secure and funded in an |
12 | | appropriate and
responsible manner.
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13 | | (c) Every 5 years, beginning in 1999, the Commission on |
14 | | Government Forecasting and Accountability, in consultation |
15 | | with the affected retirement systems and the
Governor's Office |
16 | | of Management and Budget (formerly
Bureau
of the Budget), shall |
17 | | consider and determine whether the funding goals 90% funding |
18 | | ratio
adopted in Articles 2, 14, 15, 16, and 18 of this Code |
19 | | continue subsection (b) continues to represent an appropriate |
20 | | funding goals goal for
State-funded retirement systems in |
21 | | Illinois, and it shall report its findings
and recommendations |
22 | | on this subject to the Governor and the General Assembly.
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23 | | (Source: P.A. 93-1067, eff. 1-15-05.)
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24 | | (40 ILCS 5/1-162 new) |
25 | | Sec. 1-162. Optional cash balance plan. |
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1 | | (a) Participation and Applicability. Beginning on July 1, |
2 | | 2013, the following persons may elect to participate in the |
3 | | optional cash balance plan created under this Section: |
4 | | (1) any person who participates in the cash balance |
5 | | plan established under Section 1-161; and |
6 | | (2) any Tier I employee who has made the election under |
7 | | paragraph (1) of subsection (a) or (a-5) of Section |
8 | | 14-106.5. |
9 | | The Board of Trustees of the applicable retirement system |
10 | | shall promulgate rules to create an annual election wherein a |
11 | | person eligible to participate in the optional cash balance |
12 | | plan may elect to participate, and an active employee who is a |
13 | | participant in the plan may elect to cease active |
14 | | participation. The election to cease active participation |
15 | | shall not disqualify the employee from eligibility to receive |
16 | | an interest credit under subsection (f), a distribution upon |
17 | | termination under subsection (f-10), a refund under subsection |
18 | | (f-15), a retirement annuity under subsection (f-15), a |
19 | | retirement annuity under subsection (g), or a survivor annuity |
20 | | under subsection (k), or from eligibility to resume active |
21 | | participation in the optional cash balance plan in a subsequent |
22 | | year. |
23 | | (b) Title. The package of benefits provided under this |
24 | | Section may be referred to as the "optional cash balance plan". |
25 | | Persons subject to the provisions of this Section may be |
26 | | referred to as "participants in the optional cash balance |
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1 | | plan". |
2 | | (b-5) Definitions. As used in this Section: |
3 | | "Account" means the notional cash balance account |
4 | | established under this Section for a participant in the |
5 | | optional cash balance plan. |
6 | | "Consumer Price Index-U" means
the Consumer Price Index |
7 | | published by the Bureau of Labor Statistics of the United |
8 | | States
Department of Labor that measures the average change in |
9 | | prices of goods and
services purchased by all urban consumers, |
10 | | United States city average, all
items, 1982-84 = 100. |
11 | | "Salary" means "compensation" as defined in Article 14, |
12 | | without regard to the limitation in subsection (b-5) of Section |
13 | | 1-160. |
14 | | "Tier I employee" means a person who is a Tier I employee |
15 | | under the applicable Article of this Code. |
16 | | (c) Cash Balance Account. A notional cash balance account |
17 | | shall be established by the applicable retirement system for |
18 | | each participant in the optional cash balance plan. The account |
19 | | is notional and does not contain any actual money segregated |
20 | | from the commingled assets of the retirement system. The cash |
21 | | balance in the account is to be used in calculating benefits as |
22 | | provided in this Section, but is not to be used in the |
23 | | calculation of any refund, transfer, or other benefit under the |
24 | | applicable Article of this Code. |
25 | | The amounts to be credited to the cash balance account |
26 | | shall consist of (i) amounts contributed by or on behalf of the |
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1 | | participant as employee contributions, (ii) notional employer |
2 | | contributions, and (iii) interest credit that is attributable |
3 | | to the account, all as provided in this Section. |
4 | | Whenever necessary for the prompt calculation or |
5 | | administration, or when the System lacks information necessary |
6 | | to the calculation or administration otherwise required of or |
7 | | for a benefit under this Section, the applicable retirement |
8 | | system may estimate an amount to be credited to or debited from |
9 | | a participant's cash balance account and then adjust the amount |
10 | | so credited or debited when more accurate information becomes |
11 | | available. |
12 | | The applicable retirement system shall give to each |
13 | | participant in the optional cash balance plan who has not yet |
14 | | retired annual notice of (1) the balance in the participant's |
15 | | cash balance account and (2) an estimate of the retirement |
16 | | annuity that will be payable to the participant if he or she |
17 | | retires at age 59 1/2. |
18 | | (d) Employee Contributions. In addition to the other |
19 | | contributions required under the applicable Article, each |
20 | | participant shall make contributions to the applicable |
21 | | retirement system at the rate of 2% of each payment of salary. |
22 | | The amount of each contribution shall be credited to the |
23 | | participant's cash balance account upon receipt and after the |
24 | | retirement system's reconciliation of the contribution. |
25 | | (e) Optional Employer Contributions. Employers may make
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26 | | optional additional contributions to the applicable retirement |
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1 | | system on behalf of their employees who are participants in the |
2 | | optional cash balance plan in accordance with procedures |
3 | | prescribed by the retirement system, to
the extent permitted by |
4 | | federal law and the rules prescribed by the retirement system. |
5 | | The optional additional contributions under this subsection |
6 | | are actual monetary contributions to the retirement system, and |
7 | | the amount of each optional additional contribution shall be |
8 | | credited to the participant's cash balance account upon receipt |
9 | | and after the retirement system's reconciliation of the |
10 | | contribution. |
11 | | (f) Interest Credit. An amount representing earnings on |
12 | | investments shall be determined by the retirement system in |
13 | | accordance with this Section and credited to the participant's |
14 | | cash balance account for each fiscal year in which there is a |
15 | | positive balance in that account; except that no additional |
16 | | interest credit shall be credited while an annuity based on the |
17 | | account is being paid. The interest credit amount shall be a |
18 | | percentage of the average quarterly balance in the cash balance |
19 | | account during that fiscal year, and shall be calculated on |
20 | | June 30. |
21 | | The percentage shall be the assumed treasury rate for the |
22 | | previous fiscal year, unless neither the retirement system's |
23 | | actual rate of investment earnings for the previous fiscal year |
24 | | nor the retirement system's actual rate of investment earnings |
25 | | for the five-year period ending at the end of the previous |
26 | | fiscal year is less than the assumed treasury rate. |
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1 | | If both the retirement system's actual rate of investment |
2 | | earnings for the previous fiscal year and the actual rate of |
3 | | investment earnings for the five-year period ending at the end |
4 | | of the previous fiscal year are at least the assumed treasury |
5 | | rate, then the percentage shall be: |
6 | | (i) the assumed treasury rate, plus |
7 | | (ii) two-thirds of the amount of the actual rate of |
8 | | investment earnings for the previous fiscal year that |
9 | | exceeds the assumed treasury rate. |
10 | | However, in no event shall the percentage applied under this |
11 | | subsection exceed 10%. |
12 | | For the purposes of this subsection only, "previous fiscal |
13 | | year" means fiscal year ending one year before the interest |
14 | | rate is calculated. |
15 | | For the purposes of this subsection only, "assumed treasury |
16 | | rate" means the average annual yield of the 30-year U.S. |
17 | | Treasury Bond over the previous fiscal year, but not less than |
18 | | 4%. |
19 | | When a person applies for a benefit under this Section, the |
20 | | retirement system shall apply an interest credit based on a |
21 | | proration of an estimate of what the interest credit will be |
22 | | for the relevant year. When the retirement system certifies the |
23 | | credit on June 30, it shall adjust the benefit accordingly. |
24 | | (f-10) Distribution upon Termination of Employment. Upon |
25 | | termination of active employment with at least 5 years of |
26 | | service credit under the applicable retirement system and prior |
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1 | | to making application for an annuity under this Section, a |
2 | | participant in the optional cash balance plan may make an |
3 | | irrevocable election to distribute an amount not to exceed 40% |
4 | | of the balance in the participant's account in the form of a |
5 | | direct rollover to another qualified plan, to the extent |
6 | | allowed by federal law. If the participant makes such an |
7 | | election, then the amount distributed shall be debited from the |
8 | | participant's cash balance account. A participant in the |
9 | | optional cash balance plan shall be allowed only one |
10 | | distribution under this subsection. The remaining balance in |
11 | | the participant's account shall be used for the determination |
12 | | of other benefits provided under this Section. |
13 | | (f-15) Refund. In lieu of receiving a distribution under |
14 | | subsection (f-10), at any time after terminating active |
15 | | employment under the applicable retirement system, but before |
16 | | receiving a retirement annuity under this Section, a |
17 | | participant in the optional cash balance plan may elect to |
18 | | receive a refund under this subsection. The refund shall |
19 | | consist of an amount equal to the amount of all employee |
20 | | contributions credited to the participant's account, but shall |
21 | | not include any interest credit or employer contributions. If |
22 | | the participant so requests, the refund may be paid in the form |
23 | | of a direct rollover to another qualified plan, to the extent |
24 | | allowed by federal law and in accordance with the rules of the |
25 | | applicable retirement system. Upon payment of the refund, the |
26 | | participant's notional cash balance account shall be closed. |
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1 | | (g) Retirement Annuity. A participant in the optional cash |
2 | | balance plan may begin collecting a retirement annuity at age |
3 | | 59 1/2, but no earlier than the date of termination of active |
4 | | employment under the applicable retirement system. |
5 | | The amount of the retirement annuity shall be calculated by |
6 | | the retirement system, based on the balance in the cash balance |
7 | | account, the assumption of future investment returns as |
8 | | specified in this subsection, the participant's election to |
9 | | have a lifetime survivor's annuity as specified in this |
10 | | subsection, the annual increase in retirement annuity as |
11 | | specified in subsection (h), the annual increase in survivor's |
12 | | annuity as specified in subsection (l), and any actuarial |
13 | | assumptions and tables adopted by the board of the retirement |
14 | | system for this purpose. The calculation shall determine the |
15 | | amount of retirement annuity, on an actuarially equivalent |
16 | | basis, that shall be designed to result in the balance in the |
17 | | participant's account arriving at zero on the date when the |
18 | | last payment of the retirement annuity (or survivor's annuity, |
19 | | if the participant elects to provide for a survivor's annuity |
20 | | pursuant to this subsection) is anticipated to be paid under |
21 | | the relevant actuarial assumptions. A retirement annuity or a |
22 | | survivor's annuity provided under this Section shall be a life |
23 | | annuity and shall not expire if the account balance equals |
24 | | zero. |
25 | | The annuity payment shall begin on the date specified by |
26 | | the participant submitting a written application, which date |
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1 | | shall not be prior to termination of employment or more than |
2 | | one year before the application is received by the board; |
3 | | however, if the participant is not an employee of an employer |
4 | | participating in this System or in a participating system as |
5 | | defined in Article 20 of this Code on April 1 of the calendar |
6 | | year next following the calendar year in which the participant |
7 | | attains age 70 1/2, the annuity payment period shall begin on |
8 | | that date regardless of whether an application has been filed. |
9 | | The participant may elect, under the participant's written |
10 | | application for retirement, to receive a reduced annuity |
11 | | payable for his or her life and to have a lifetime survivor's |
12 | | annuity in a monthly amount equal to 50%, 75%, or 100% of that |
13 | | reduced monthly amount, to be paid after the participant's |
14 | | death to his or her eligible survivor. Eligibility for a |
15 | | survivor's annuity shall be determined under the applicable |
16 | | Article of this Code. |
17 | | For the purpose of calculating retirement annuities, |
18 | | future investment returns shall be assumed to be a percentage |
19 | | equal to the average yield of the 30-year U.S. Treasury Bond |
20 | | over the 5 fiscal years prior to the calculation of the initial |
21 | | retirement annuity, plus 250 basis points; but not less than 4% |
22 | | nor more than 8%. |
23 | | (h) Annual Increase in Retirement Annuity. The retirement |
24 | | annuity shall be subject to an automatic annual increase in an |
25 | | amount equal to 3% of the originally granted annuity on each |
26 | | January 1 occurring on or after the first anniversary of the |
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1 | | annuity start date. |
2 | | (i) Disability Benefits. There are no disability benefits |
3 | | provided under the optional cash balance plan, and no amounts |
4 | | for disability shall be deducted from the account of a |
5 | | participant in the optional cash balance plan. The disability |
6 | | benefits provided under the applicable retirement system apply |
7 | | to participants in the optional cash balance plan. |
8 | | (j) Return to Service. Upon a return to service under the |
9 | | same retirement system after beginning to receive a retirement |
10 | | annuity under the optional cash balance plan, the retirement |
11 | | annuity shall be suspended and active participation in the |
12 | | optional cash balance plan shall resume. Upon termination of |
13 | | the employment, the retirement annuity shall resume in an |
14 | | amount to be recalculated in accordance with subsection (g), |
15 | | taking into effect the changes in the cash balance account. If |
16 | | a retired annuitant returns to service, his or her notional |
17 | | cash balance account shall be decreased by each payment of |
18 | | retirement annuity prior to the return to service. |
19 | | (k) Survivor's Annuity - Death before Retirement. In the |
20 | | case of a participant in the optional cash balance plan who had |
21 | | less than 5 years of service under the applicable Article and |
22 | | had not begun receiving a retirement annuity, the eligible |
23 | | survivor shall be entitled only to a refund of employee |
24 | | contributions under subsection (f-15). |
25 | | In the case of a participant in the optional cash balance |
26 | | plan who had at least 5 years of service under the applicable |
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1 | | Article and had not begun receiving a retirement annuity, the |
2 | | eligible survivor shall be entitled to receive a survivor's |
3 | | annuity beginning at age 59 1/2 upon written application. The |
4 | | survivor's annuity shall be calculated in the same manner as a |
5 | | retirement annuity under subsection (g). At any time before |
6 | | receiving a survivor's annuity, the eligible survivor may claim |
7 | | a distribution under subsection (f-10) or a refund under |
8 | | subsection (f-15). The deceased participant's account shall |
9 | | continue to receive interest credit until the eligible survivor |
10 | | begins to receive a survivor's annuity or receives a refund of |
11 | | employee contributions under subsection (f-15). |
12 | | Eligibility for a survivor's annuity shall be determined |
13 | | under the applicable Article of this Code. A child's or |
14 | | parent's annuity for an otherwise eligible child or dependent |
15 | | parent shall be in the same amount, if any, prescribed under |
16 | | the applicable Article. |
17 | | (l) Annual Increase in Survivor's Annuity. A survivor's |
18 | | annuity granted under subsection (g) or (k) shall be subject to |
19 | | an automatic annual increase in an amount equal to 3% of the |
20 | | originally granted annuity on each January 1 occurring on or |
21 | | after the first anniversary of the annuity start date. |
22 | | (m) Applicability of Provisions. The following provisions, |
23 | | if and as they exist in this Code, do not apply to participants |
24 | | in the optional cash balance plan with respect to participation |
25 | | in the optional cash balance plan, except as they are |
26 | | specifically provided for in this Section: |
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1 | | (1) minimum service or vesting requirements (other |
2 | | than as provided in this Section); |
3 | | (2) provisions limiting a retirement annuity to a |
4 | | specified percentage of salary; |
5 | | (3) provisions authorizing a minimum retirement or |
6 | | survivor's annuity or a supplemental annuity; |
7 | | (4) provisions authorizing any form of retirement |
8 | | annuity or survivor's annuity not authorized under this |
9 | | Section; |
10 | | (5) provisions authorizing a reversionary annuity |
11 | | (other than the survivor's annuity under subsection (g)); |
12 | | (6) provisions authorizing a refund of employee |
13 | | contributions upon termination of service (other than upon |
14 | | the death of the participant without an eligible survivor) |
15 | | or any lump-sum payout in lieu of a retirement or |
16 | | survivor's annuity (other than the distribution under |
17 | | subsection (f-10) or the refund under subsection (f-15) of |
18 | | this Section; |
19 | | (7) provisions authorizing optional service credits or |
20 | | the payment of optional additional contributions (other |
21 | | than the optional employer contributions specifically |
22 | | authorized in this Section); or |
23 | | (8) a level income option. |
24 | | The Retirement Systems Reciprocal Act (Article 20 of this |
25 | | Code) does not apply to participation in the optional cash |
26 | | balance plan and does not affect the calculation of benefits |
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1 | | payable under this Section. |
2 | | The other provisions of this Code continue to apply to |
3 | | participants in the optional cash balance plan, to the extent |
4 | | that they do not conflict with this Section. In the case of a |
5 | | conflict between the provisions of this Section and any other |
6 | | provision of this Code, the provisions of this Section control. |
7 | | (n) Rules. The Board of Trustees of the applicable |
8 | | retirement system may adopt rules and procedures for the |
9 | | implementation of this Section, including but not limited to |
10 | | determinations of how to integrate the administration of this |
11 | | Section with the requirements of the applicable Article and any |
12 | | other applicable provisions of this Code. |
13 | | (o) Public Pension Division. The Public Pension Division of |
14 | | the Department of Insurance shall determine in October of each |
15 | | year the annual unadjusted percentage increase (but not less |
16 | | than zero) in the Consumer Price Index-U
for the 12 months |
17 | | ending with the preceding September. The Division shall certify |
18 | | its determination to the Board of Trustees of the State |
19 | | Universities Retirement System by November 1 of each year.
|
20 | | (p) Actual Employer Contributions. Payment of employer |
21 | | contributions with respect to participants in the optional cash |
22 | | balance plan shall be the responsibility of the actual |
23 | | employer. These contributions shall be determined under and |
24 | | paid in accordance with the provisions of Sections 15-155. |
25 | | Optional additional contributions by employers may be paid in |
26 | | any amount, but must be paid in the manner specified by the |
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1 | | applicable retirement system. |
2 | | (q) Prospective Modification. The provisions set forth in |
3 | | this Section are subject to prospective changes made by law |
4 | | provided that any such changes shall not apply to any benefits |
5 | | accrued under this Section prior to the effective date of any |
6 | | amendatory Act of the General Assembly. |
7 | | (s) Qualified Plan Status. No provision of this Section |
8 | | shall be interpreted in a way that would cause the applicable |
9 | | retirement system to cease to be a qualified plan under section |
10 | | 461 (a) of the Internal Revenue Code of 1986. |
11 | | (40 ILCS 5/2-105.1 new) |
12 | | Sec. 2-105.1. Tier I employee. "Tier I employee": A |
13 | | participant who first became a participant before January 1, |
14 | | 2011. |
15 | | (40 ILCS 5/2-105.2 new) |
16 | | Sec. 2-105.2. Tier I retiree. "Tier I retiree" means a |
17 | | former Tier I employee who is receiving a retirement annuity. |
18 | | (40 ILCS 5/2-107.9 new) |
19 | | Sec. 2-107.9. Future increase in income. "Future increase |
20 | | in income": Any increase in income in any form offered for |
21 | | service as a member under this Article after June 30, 2013 that |
22 | | would qualify as "salary", as defined under Section 2-108, but |
23 | | for the fact that the increase in income was offered to the |
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1 | | member on the condition that it not qualify as salary and was |
2 | | accepted by the member subject to that condition.
|
3 | | (40 ILCS 5/2-108) (from Ch. 108 1/2, par. 2-108)
|
4 | | Sec. 2-108. Salary. "Salary": (1) For members of the |
5 | | General Assembly,
the total compensation paid to the member by |
6 | | the State for one
year of service, including the additional |
7 | | amounts, if any, paid to
the member as an officer pursuant to |
8 | | Section 1 of "An Act
in relation to the compensation and |
9 | | emoluments of the members of the
General Assembly", approved |
10 | | December 6, 1907, as now or hereafter
amended.
|
11 | | (2) For the State executive officers specified
in Section |
12 | | 2-105, the total compensation paid to the member for one year
|
13 | | of service.
|
14 | | (3) For members of the System who are participants under |
15 | | Section
2-117.1, or who are serving as Clerk or Assistant Clerk |
16 | | of the House of
Representatives or Secretary or Assistant |
17 | | Secretary of the Senate, the
total compensation paid to the |
18 | | member for one year of service, but not to
exceed the salary of |
19 | | the highest salaried officer of the General Assembly.
|
20 | | However, in the event that federal law results in any |
21 | | participant
receiving imputed income based on the value of |
22 | | group term life insurance
provided by the State, such imputed |
23 | | income shall not be included in salary
for the purposes of this |
24 | | Article.
|
25 | | Notwithstanding any other provision of this Section, |
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1 | | "salary" does not include any future increase in income that is |
2 | | offered for service as a member under this Article pursuant to |
3 | | the requirements of subsection (c) of Section 2-110.3 and |
4 | | accepted by a Tier I employee, or a Tier I retiree returning to |
5 | | active service, who has made an election under paragraph (2) of |
6 | | subsection (a) or (a-5) of Section Section 2-110.3. |
7 | | (Source: P.A. 86-27; 86-273; 86-1028; 86-1488.)
|
8 | | (40 ILCS 5/2-110.3 new) |
9 | | Sec. 2-110.3. Election by Tier I employees and Tier I |
10 | | retirees. |
11 | | (a) Each Tier I employee shall make an irrevocable election |
12 | | either: |
13 | | (1) to agree to the following: |
14 | | (i) to have the amount of the automatic annual |
15 | | increases in his or her retirement annuity that are |
16 | | otherwise provided for in this Article calculated, |
17 | | instead, as provided in subsection (a-1) of Section |
18 | | 2-119.1; and |
19 | | (ii) to have his or her eligibility for automatic |
20 | | annual increases in retirement annuity postponed as |
21 | | provided in subsection (a-2) of Section 2-119.1 and to |
22 | | relinquish the additional increases provided in |
23 | | subsection (b) of Section 2-119.1; or |
24 | | (2) to not agree to items (i) and (ii) as set forth in |
25 | | paragraph (1) of this subsection. |
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1 | | The election required under this subsection (a) shall be |
2 | | made by each Tier I employee no earlier than January 1, 2013 |
3 | | and no later than May 31, 2013, except that: |
4 | | (i) a person who becomes a Tier I employee under this |
5 | | Article after January 1, 2013 must make the election under |
6 | | this subsection (a) within 60 days after becoming a Tier I |
7 | | employee; |
8 | | (ii) a person who returns to active service as a Tier I |
9 | | employee under this Article after January 1, 2013 and has |
10 | | not yet made an election under this Section must make the |
11 | | election under this subsection (a) within 60 days after |
12 | | returning to active service as a Tier I employee; and |
13 | | (iii) a person who made the election under subsection |
14 | | (a-5) as a Tier I retiree remains bound by that election |
15 | | and shall not make a later election under this subsection |
16 | | (a). |
17 | | If a Tier I employee fails for any reason to make a |
18 | | required election under this subsection within the time |
19 | | specified, then the employee shall be deemed to have made the |
20 | | election under paragraph (2) of this subsection. |
21 | | (a-5) Each Tier I retiree shall make an irrevocable |
22 | | election either: |
23 | | (1) to agree to the following: |
24 | | (i) to have the amount of the automatic annual |
25 | | increases in his or her retirement annuity that are |
26 | | otherwise provided for in this Article calculated, |
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1 | | instead, as provided in subsection (a-1) of Section |
2 | | 2-119.1; and |
3 | | (ii) to have his or her eligibility for automatic |
4 | | annual increases in retirement annuity postponed as |
5 | | provided in subsection (a-2) of Section 2-119.1 and to |
6 | | relinquish the additional increases provided in |
7 | | subsection (b) of Section 2-119.1; or |
8 | | (2) to not agree to items (i) and (ii) as set forth in |
9 | | paragraph (1) of this subsection. |
10 | | The election required under this subsection (a-5) shall be |
11 | | made by each Tier I retiree no earlier than January 1, 2013 and |
12 | | no later than May 31, 2013, except that: |
13 | | (i) a person who becomes a Tier I retiree under this |
14 | | Article on or after January 1, 2013 must make the election |
15 | | under this subsection (a-5) within 60 days after becoming a |
16 | | Tier I retiree; and |
17 | | (ii) a person who made the election under subsection |
18 | | (a) as a Tier I employee remains bound by that election and |
19 | | shall not make a later election under this subsection |
20 | | (a-5). |
21 | | If a Tier I retiree fails for any reason to make a required |
22 | | election under this subsection within the time specified, then |
23 | | the Tier I retiree shall be deemed to have made the election |
24 | | under paragraph (2) of this subsection. |
25 | | (a-10) All elections under subsection (a) or (a-5) that are |
26 | | made or deemed to be made before June 1, 2013 shall take effect |
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1 | | on July 1, 2013. Elections that are made or deemed to be made |
2 | | on or after June 1, 2013 shall take effect on the first day of |
3 | | the month following the month in which the election is made or |
4 | | deemed to be made. |
5 | | (b) As adequate and legal consideration provided under this |
6 | | amendatory Act of the 97th General Assembly for making the |
7 | | election under paragraph (1) of subsection (a) of this Section, |
8 | | any future increases in income offered for service as a member |
9 | | under this Article to a Tier I employee who has made the |
10 | | election under paragraph (1) of subsection (a) of this Section |
11 | | shall be offered expressly and irrevocably as constituting |
12 | | salary under Section 2-108. |
13 | | As adequate and legal consideration provided under this |
14 | | amendatory Act of the 97th General Assembly for making the |
15 | | election under paragraph (1) of subsection (a-5) of this |
16 | | Section, any future increases in income offered for service as |
17 | | a member under this Article to a Tier I retiree who returns to |
18 | | active service after having made the election under paragraph |
19 | | (1) of subsection (a-5) of this Section shall be offered |
20 | | expressly and irrevocably as constituting salary under Section |
21 | | 2-108. |
22 | | (c) A Tier I employee who makes the election under |
23 | | paragraph (2) of subsection (a) of this Section shall not be |
24 | | subject to items (i) and (ii) set forth in paragraph (1) of |
25 | | subsection (a) of this Section. However, any future increases |
26 | | in income offered for service as a member under this Article to |
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1 | | a Tier I employee who has made the election under paragraph (2) |
2 | | of subsection (a) of this Section shall be offered expressly |
3 | | and irrevocably as not constituting salary under Section 2-108, |
4 | | and the member may not accept any future increase in income |
5 | | that is offered in violation of this requirement. |
6 | | A Tier I retiree who makes the election under paragraph (2) |
7 | | of subsection (a-5) of this Section shall not be subject to |
8 | | items (i) and (ii) set forth in paragraph (1) of subsection |
9 | | (a-5) of this Section. However, any future increases in income |
10 | | offered for service as a member under this Article to a Tier I |
11 | | retiree who returns to active service and has made the election |
12 | | under paragraph (2) of subsection (a-5) of this Section shall |
13 | | be offered expressly and irrevocably as not constituting salary |
14 | | under Section 2-108, and the member may not accept any future |
15 | | increase in income that is offered in violation of this |
16 | | requirement. |
17 | | (d) The System shall make a good faith effort to contact |
18 | | each Tier I employee and Tier I retiree subject to this |
19 | | Section. The System shall mail information describing the |
20 | | required election to each Tier I employee and Tier I retiree by |
21 | | United States Postal Service mail to his or her last known |
22 | | address on file with the System. If the Tier I employee or Tier |
23 | | I retiree is not responsive to other means of contact, it is |
24 | | sufficient for the System to publish the details of any |
25 | | required elections on its website or to publish those details |
26 | | in a regularly published newsletter or other existing public |
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1 | | forum. |
2 | | Tier I employees and Tier I retirees who are subject to |
3 | | this Section shall be provided with an election packet |
4 | | containing information regarding their options, as well as the |
5 | | forms necessary to make the required election. Upon request, |
6 | | the System shall offer Tier I employees and Tier I retirees an |
7 | | opportunity to receive information from the System before |
8 | | making the required election. The information may be provided |
9 | | through video materials, group presentations, individual |
10 | | consultation with a member or authorized representative of the |
11 | | System in person or by telephone or other electronic means, or |
12 | | any combination of those methods. The System shall not provide |
13 | | advice or counseling with respect to which election a Tier I |
14 | | employee or Tier I retiree should make or specific to the legal |
15 | | or tax circumstances of or consequences to the Tier I employee |
16 | | or Tier I retiree. |
17 | | The System shall inform Tier I employees and Tier I |
18 | | retirees in the election packet required under this subsection |
19 | | that the Tier I employee or Tier I retiree may also wish to |
20 | | obtain information and counsel relating to the election |
21 | | required under this Section from any other available source, |
22 | | including but not limited to labor organizations and private |
23 | | counsel. |
24 | | In no event shall the System, its staff, or the Board be |
25 | | held liable for any information given to a member, beneficiary, |
26 | | or annuitant regarding the elections under this Section. The |
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1 | | System shall coordinate with the Illinois Department of Central |
2 | | Management Services and each other retirement system |
3 | | administering an election in accordance with this amendatory |
4 | | Act of the 97th General Assembly to provide information |
5 | | concerning the impact of the election set forth in this |
6 | | Section. |
7 | | (e) Notwithstanding any other provision of law, any future |
8 | | increases in income offered for service as a member must be |
9 | | offered expressly and irrevocably as not constituting "salary" |
10 | | under Section 2-108 to any Tier I employee, or Tier I retiree |
11 | | returning to active service, who has made an election under |
12 | | paragraph (2) or subsection (a) or (a-5) of Section 2-110.3. A |
13 | | Tier I employee, or Tier I retiree returning to active service, |
14 | | who has made an election under paragraph (2) or subsection (a) |
15 | | or (a-5) of Section 2-110.3 shall not accept any future |
16 | | increase in income that is offered for service as a member |
17 | | under this Article in violation of the requirement set forth in |
18 | | this subsection. |
19 | | (f) A member's election under this Section is not a |
20 | | prohibited election under subdivision (j)(1) of Section 1-119 |
21 | | of this Code. |
22 | | (g) Qualified Plan Status. No provision of this Section |
23 | | shall be interpreted in a way that would cause the System to |
24 | | cease to be a qualified plan under section 461 (a) of the |
25 | | Internal Revenue Code of 1986.
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1 | | (40 ILCS 5/2-119.1) (from Ch. 108 1/2, par. 2-119.1)
|
2 | | Sec. 2-119.1. Automatic increase in retirement annuity.
|
3 | | (a) Except as provided in subsections (a-1) and (a-2), a A |
4 | | participant who retires after June 30, 1967, and who has not
|
5 | | received an initial increase under this Section before the |
6 | | effective date
of this amendatory Act of 1991, shall, in |
7 | | January or July next following
the first anniversary of |
8 | | retirement, whichever occurs first, and in the same
month of |
9 | | each year thereafter, but in no event prior to age 60, have the |
10 | | amount
of the originally granted retirement annuity increased |
11 | | as follows: for each
year through 1971, 1 1/2%; for each year |
12 | | from 1972 through 1979, 2%; and for
1980 and each year |
13 | | thereafter, 3%. Annuitants who have received an initial
|
14 | | increase under this subsection prior to the effective date of |
15 | | this amendatory
Act of 1991 shall continue to receive their |
16 | | annual increases in the same month
as the initial increase.
|
17 | | (a-1) Notwithstanding any other provision of this Article, |
18 | | for a Tier I employee or Tier I retiree who made the election |
19 | | under paragraph (1) of subsection (a) or (a-5) of Section |
20 | | 2-110.3, the amount of each automatic annual increase in |
21 | | retirement annuity occurring on or after the effective date of |
22 | | that election shall be 3% or one-half of the annual unadjusted |
23 | | percentage increase, if any, in the Consumer Price Index-U for |
24 | | the 12 months ending with the preceding September, whichever is |
25 | | less, of the originally granted retirement annuity. For the |
26 | | purposes of this Section, "Consumer Price Index-U" means
the |
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1 | | index published by the Bureau of Labor Statistics of the United |
2 | | States
Department of Labor that measures the average change in |
3 | | prices of goods and
services purchased by all urban consumers, |
4 | | United States city average, all
items, 1982-84 = 100. |
5 | | (a-2) For a Tier I employee or Tier I retiree who made the |
6 | | election under paragraph (1) of subsection (a) or (a-5) of |
7 | | Section 2-110.3, the monthly retirement annuity shall first be |
8 | | subject to annual increases on the January 1 occurring on or |
9 | | next after the attainment of age 67 or the January 1 occurring |
10 | | on or next after the fifth anniversary of the annuity start |
11 | | date, whichever occurs earlier. If on the effective date of the |
12 | | election under paragraph (1) of subsection (a-5) of Section |
13 | | 2-110.3 a Tier I retiree has already received an annual |
14 | | increase under this Section but does not yet meet the new |
15 | | eligibility requirements of this subsection, the annual |
16 | | increases already received shall continue in force, but no |
17 | | additional annual increase shall be granted until the Tier I |
18 | | retiree meets the new eligibility requirements. |
19 | | (b) Beginning January 1, 1990, for eligible participants |
20 | | who remain
in service after attaining 20 years of creditable |
21 | | service, the 3% increases
provided under subsection (a) shall |
22 | | begin to accrue on the January 1 next
following the date upon |
23 | | which the participant (1) attains age 55, or (2)
attains 20 |
24 | | years of creditable service, whichever occurs later, and shall
|
25 | | continue to accrue while the participant remains in service; |
26 | | such increases
shall become payable on January 1 or July 1, |
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1 | | whichever occurs first, next
following the first anniversary of |
2 | | retirement. For any person who has service
credit in the System |
3 | | for the entire period from January 15, 1969 through
December |
4 | | 31, 1992, regardless of the date of termination of service, the
|
5 | | reference to age 55 in clause (1) of this subsection (b) shall |
6 | | be deemed to
mean age 50.
|
7 | | This subsection (b) does not apply to any person who first |
8 | | becomes a
member of the System after August 8, 2003 ( the |
9 | | effective date of Public Act 93-494) or (ii) has made the |
10 | | election under paragraph (1) of subsection (a) or (a-5) of |
11 | | Section 2-110.3; except that if on the effective date of the |
12 | | election under paragraph (1) of subsection (a-5) of Section |
13 | | 2-110.3 a Tier I retiree has already received a retirement |
14 | | annuity based on any annual increases under this subsection, |
15 | | those annual increases under this subsection shall continue in |
16 | | force this amendatory Act of
the 93rd General Assembly .
|
17 | | (b-5) Notwithstanding any other provision of this Article, |
18 | | a participant who first becomes a participant on or after |
19 | | January 1, 2011 (the effective date of Public Act 96-889) |
20 | | shall, in January or July next following the first anniversary |
21 | | of retirement, whichever occurs first, and in the same month of |
22 | | each year thereafter, but in no event prior to age 67, have the |
23 | | amount of the retirement annuity then being paid increased by |
24 | | 3% or the annual unadjusted percentage increase in the Consumer |
25 | | Price Index for All Urban Consumers as determined by the Public |
26 | | Pension Division of the Department of Insurance under |
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1 | | subsection (a) of Section 2-108.1, whichever is less. |
2 | | (c) The foregoing provisions relating to automatic |
3 | | increases are not
applicable to a participant who retires |
4 | | before having made contributions
(at the rate prescribed in |
5 | | Section 2-126) for automatic increases for less
than the |
6 | | equivalent of one full year. However, in order to be eligible |
7 | | for
the automatic increases, such a participant may make |
8 | | arrangements to pay
to the system the amount required to bring |
9 | | the total contributions for the
automatic increase to the |
10 | | equivalent of one year's contributions based upon
his or her |
11 | | last salary.
|
12 | | (d) A participant who terminated service prior to July 1, |
13 | | 1967, with at
least 14 years of service is entitled to an |
14 | | increase in retirement annuity
beginning January, 1976, and to |
15 | | additional increases in January of each
year thereafter.
|
16 | | The initial increase shall be 1 1/2% of the originally |
17 | | granted retirement
annuity multiplied by the number of full |
18 | | years that the annuitant was in
receipt of such annuity prior |
19 | | to January 1, 1972, plus 2% of the originally
granted |
20 | | retirement annuity for each year after that date. The |
21 | | subsequent
annual increases shall be at the rate of 2% of the |
22 | | originally granted
retirement annuity for each year through |
23 | | 1979 and at the rate of 3% for
1980 and thereafter.
|
24 | | (e) Beginning January 1, 1990, all automatic annual |
25 | | increases payable
under this Section shall be calculated as a |
26 | | percentage of the total annuity
payable at the time of the |
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1 | | increase, including previous increases granted
under this |
2 | | Article.
|
3 | | (Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)
|
4 | | (40 ILCS 5/2-124) (from Ch. 108 1/2, par. 2-124)
|
5 | | Sec. 2-124. Contributions by State.
|
6 | | (a) Except as otherwise provided in this Section, the The |
7 | | State shall make contributions to the System by
appropriations |
8 | | of amounts which, together with the contributions of
|
9 | | participants, interest earned on investments, and other income
|
10 | | will meet the cost of maintaining and administering the System |
11 | | on a 90%
funded basis in accordance with actuarial |
12 | | recommendations.
|
13 | | (b) The Board shall determine the amount of State
|
14 | | contributions required for each fiscal year on the basis of the
|
15 | | actuarial tables and other assumptions adopted by the Board and |
16 | | the
prescribed rate of interest, using the formula in |
17 | | subsection (c).
|
18 | | (c) Except as otherwise provided in this Section, for For |
19 | | State fiscal years 2012 through 2045, the minimum contribution
|
20 | | to the System to be made by the State for each fiscal year |
21 | | shall be an amount
determined by the System to be sufficient to |
22 | | bring the total assets of the
System up to 90% of the total |
23 | | actuarial liabilities of the System by the end of
State fiscal |
24 | | year 2045. In making these determinations, the required State
|
25 | | contribution shall be calculated each year as a level |
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1 | | percentage of payroll
over the years remaining to and including |
2 | | fiscal year 2045 and shall be
determined under the projected |
3 | | unit credit actuarial cost method.
|
4 | | For State fiscal years 1996 through 2005, the State |
5 | | contribution to
the System, as a percentage of the applicable |
6 | | employee payroll, shall be
increased in equal annual increments |
7 | | so that by State fiscal year 2011, the
State is contributing at |
8 | | the rate required under this Section.
|
9 | | Notwithstanding any other provision of this Article, the |
10 | | total required State
contribution for State fiscal year 2006 is |
11 | | $4,157,000.
|
12 | | Notwithstanding any other provision of this Article, the |
13 | | total required State
contribution for State fiscal year 2007 is |
14 | | $5,220,300.
|
15 | | For each of State fiscal years 2008 through 2009, the State |
16 | | contribution to
the System, as a percentage of the applicable |
17 | | employee payroll, shall be
increased in equal annual increments |
18 | | from the required State contribution for State fiscal year |
19 | | 2007, so that by State fiscal year 2011, the
State is |
20 | | contributing at the rate otherwise required under this Section.
|
21 | | Notwithstanding any other provision of this Article, the |
22 | | total required State contribution for State fiscal year 2010 is |
23 | | $10,454,000 and shall be made from the proceeds of bonds sold |
24 | | in fiscal year 2010 pursuant to Section 7.2 of the General |
25 | | Obligation Bond Act, less (i) the pro rata share of bond sale |
26 | | expenses determined by the System's share of total bond |
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1 | | proceeds, (ii) any amounts received from the General Revenue |
2 | | Fund in fiscal year 2010, and (iii) any reduction in bond |
3 | | proceeds due to the issuance of discounted bonds, if |
4 | | applicable. |
5 | | Notwithstanding any other provision of this Article, the
|
6 | | total required State contribution for State fiscal year 2011 is
|
7 | | the amount recertified by the System on or before April 1, 2011 |
8 | | pursuant to Section 2-134 and shall be made from the proceeds |
9 | | of bonds sold
in fiscal year 2011 pursuant to Section 7.2 of |
10 | | the General
Obligation Bond Act, less (i) the pro rata share of |
11 | | bond sale
expenses determined by the System's share of total |
12 | | bond
proceeds, (ii) any amounts received from the General |
13 | | Revenue
Fund in fiscal year 2011, and (iii) any reduction in |
14 | | bond
proceeds due to the issuance of discounted bonds, if
|
15 | | applicable. |
16 | | Except as otherwise provided in this Section, beginning |
17 | | Beginning in State fiscal year 2046, the minimum State |
18 | | contribution for
each fiscal year shall be the amount needed to |
19 | | maintain the total assets of
the System at 90% of the total |
20 | | actuarial liabilities of the System.
|
21 | | Amounts received by the System pursuant to Section 25 of |
22 | | the Budget Stabilization Act or Section 8.12 of the State |
23 | | Finance Act in any fiscal year do not reduce and do not |
24 | | constitute payment of any portion of the minimum State |
25 | | contribution required under this Article in that fiscal year. |
26 | | Such amounts shall not reduce, and shall not be included in the |
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1 | | calculation of, the required State contributions under this |
2 | | Article in any future year until the System has reached a |
3 | | funding ratio of at least 90%. A reference in this Article to |
4 | | the "required State contribution" or any substantially similar |
5 | | term does not include or apply to any amounts payable to the |
6 | | System under Section 25 of the Budget Stabilization Act.
|
7 | | Notwithstanding any other provision of this Section, the |
8 | | required State
contribution for State fiscal year 2005 and for |
9 | | fiscal year 2008 and each fiscal year thereafter, as
calculated |
10 | | under this Section and
certified under Section 2-134, shall not |
11 | | exceed an amount equal to (i) the
amount of the required State |
12 | | contribution that would have been calculated under
this Section |
13 | | for that fiscal year if the System had not received any |
14 | | payments
under subsection (d) of Section 7.2 of the General |
15 | | Obligation Bond Act, minus
(ii) the portion of the State's |
16 | | total debt service payments for that fiscal
year on the bonds |
17 | | issued in fiscal year 2003 for the purposes of that Section |
18 | | 7.2, as determined
and certified by the Comptroller, that is |
19 | | the same as the System's portion of
the total moneys |
20 | | distributed under subsection (d) of Section 7.2 of the General
|
21 | | Obligation Bond Act. In determining this maximum for State |
22 | | fiscal years 2008 through 2010, however, the amount referred to |
23 | | in item (i) shall be increased, as a percentage of the |
24 | | applicable employee payroll, in equal increments calculated |
25 | | from the sum of the required State contribution for State |
26 | | fiscal year 2007 plus the applicable portion of the State's |
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1 | | total debt service payments for fiscal year 2007 on the bonds |
2 | | issued in fiscal year 2003 for the purposes of Section 7.2 of |
3 | | the General
Obligation Bond Act, so that, by State fiscal year |
4 | | 2011, the
State is contributing at the rate otherwise required |
5 | | under this Section.
|
6 | | (c-1) If at least 50% of Tier I employees making an |
7 | | election under Section 2-110.3 before June 1, 2013 choose the |
8 | | option under paragraph (1) of subsection (a) of that Section, |
9 | | then: |
10 | | (1) In lieu of the State contributions required under |
11 | | subsection (c), for State fiscal years 2014 through 2043 |
12 | | the minimum contribution
to the System to be made by the |
13 | | State for each fiscal year shall be an amount
determined by |
14 | | the System to be equal to the sum of (1) the State's |
15 | | portion of the projected normal cost for that fiscal year, |
16 | | plus (2) an amount sufficient to bring the total assets of |
17 | | the
System up to 100% of the total actuarial liabilities of |
18 | | the System by the end of
State fiscal year 2043. In making |
19 | | these determinations, the required State
contribution |
20 | | shall be calculated each year as a level percentage of |
21 | | payroll
over the years remaining to and including fiscal |
22 | | year 2043 and shall be
determined under the projected unit |
23 | | credit actuarial cost method. |
24 | | (2) Beginning in State fiscal year 2043, the minimum |
25 | | State contribution for each fiscal year shall be the amount |
26 | | needed to maintain the total assets of the System at 100% |
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1 | | of the total actuarial liabilities of the System. |
2 | | (c-2) If less than 50% of Tier I employees making an |
3 | | election under Section 2-110.3 before June 1, 2013 choose the |
4 | | option under paragraph (1) of subsection (a) of that Section, |
5 | | then the annual required contribution to the System to be made |
6 | | by the State shall be determined under subsection (c) of this |
7 | | Section, instead of the annual required contribution otherwise |
8 | | specified in subsection (c-1) of this Section. |
9 | | (d) For purposes of determining the required State |
10 | | contribution to the System, the value of the System's assets |
11 | | shall be equal to the actuarial value of the System's assets, |
12 | | which shall be calculated as follows: |
13 | | As of June 30, 2008, the actuarial value of the System's |
14 | | assets shall be equal to the market value of the assets as of |
15 | | that date. In determining the actuarial value of the System's |
16 | | assets for fiscal years after June 30, 2008, any actuarial |
17 | | gains or losses from investment return incurred in a fiscal |
18 | | year shall be recognized in equal annual amounts over the |
19 | | 5-year period following that fiscal year. |
20 | | (e) For purposes of determining the required State |
21 | | contribution to the system for a particular year, the actuarial |
22 | | value of assets shall be assumed to earn a rate of return equal |
23 | | to the system's actuarially assumed rate of return. |
24 | | (Source: P.A. 95-950, eff. 8-29-08; 96-43, eff. 7-15-09; |
25 | | 96-1497, eff. 1-14-11; 96-1511, eff. 1-27-11; 96-1554, eff. |
26 | | 3-18-11; revised 4-6-11.)
|
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1 | | (40 ILCS 5/2-134)
(from Ch. 108 1/2, par. 2-134)
|
2 | | Sec. 2-134. To certify required State contributions and |
3 | | submit vouchers.
|
4 | | (a) The Board shall certify to the Governor on or before |
5 | | December 15 of each
year until December 15, 2011 the amount of |
6 | | the required State contribution to the System for the next
|
7 | | fiscal year and shall specifically identify the System's |
8 | | projected State normal cost for that fiscal year . The |
9 | | certification shall include a copy of the actuarial
|
10 | | recommendations upon which it is based and shall specifically |
11 | | identify the System's projected State normal cost for that |
12 | | fiscal year .
|
13 | | On or before November 1 of each year, beginning November 1, |
14 | | 2012, the Board shall submit to the State Actuary, the |
15 | | Governor, and the General Assembly a proposed certification of |
16 | | the amount of the required State contribution to the System for |
17 | | the next fiscal year, along with all of the actuarial |
18 | | assumptions, calculations, and data upon which that proposed |
19 | | certification is based. On or before January 1 of each year |
20 | | beginning January 1, 2013, the State Actuary shall issue a |
21 | | preliminary report concerning the proposed certification and |
22 | | identifying, if necessary, recommended changes in actuarial |
23 | | assumptions that the Board must consider before finalizing its |
24 | | certification of the required State contributions. On or before |
25 | | January 15, 2013 and every January 15 thereafter, the Board |
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1 | | shall certify to the Governor and the General Assembly the |
2 | | amount of the required State contribution for the next fiscal |
3 | | year. The Board's certification must note any deviations from |
4 | | the State Actuary's recommended changes, the reason or reasons |
5 | | for not following the State Actuary's recommended changes, and |
6 | | the fiscal impact of not following the State Actuary's |
7 | | recommended changes on the required State contribution. |
8 | | On or before May 1, 2004, the Board shall recalculate and |
9 | | recertify to
the Governor the amount of the required State |
10 | | contribution to the System for
State fiscal year 2005, taking |
11 | | into account the amounts appropriated to and
received by the |
12 | | System under subsection (d) of Section 7.2 of the General
|
13 | | Obligation Bond Act.
|
14 | | On or before July 1, 2005, the Board shall recalculate and |
15 | | recertify
to the Governor the amount of the required State
|
16 | | contribution to the System for State fiscal year 2006, taking |
17 | | into account the changes in required State contributions made |
18 | | by this amendatory Act of the 94th General Assembly.
|
19 | | On or before April 1, 2011, the Board shall recalculate and |
20 | | recertify to the Governor the amount of the required State |
21 | | contribution to the System for State fiscal year 2011, applying |
22 | | the changes made by Public Act 96-889 to the System's assets |
23 | | and liabilities as of June 30, 2009 as though Public Act 96-889 |
24 | | was approved on that date. |
25 | | (b) Beginning in State fiscal year 1996, on or as soon as |
26 | | possible after the
15th day of each month the Board shall |
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1 | | submit vouchers for payment of State
contributions to the |
2 | | System, in a total monthly amount of one-twelfth of the
|
3 | | required annual State contribution certified under subsection |
4 | | (a).
From the effective date of this amendatory Act
of the 93rd |
5 | | General Assembly through June 30, 2004, the Board shall not
|
6 | | submit vouchers for the remainder of fiscal year 2004 in excess |
7 | | of the
fiscal year 2004 certified contribution amount |
8 | | determined
under this Section after taking into consideration |
9 | | the transfer to the
System under subsection (d) of Section |
10 | | 6z-61 of the State Finance Act.
These
vouchers shall be paid by |
11 | | the State Comptroller and Treasurer by warrants drawn
on the |
12 | | funds appropriated to the System for that fiscal year. If in |
13 | | any month
the amount remaining unexpended from all other |
14 | | appropriations to the System for
the applicable fiscal year |
15 | | (including the appropriations to the System under
Section 8.12 |
16 | | of the State Finance Act and Section 1 of the State Pension |
17 | | Funds
Continuing Appropriation Act) is less than the amount |
18 | | lawfully vouchered under
this Section, the difference shall be |
19 | | paid from the General Revenue Fund under
the continuing |
20 | | appropriation authority provided in Section 1.1 of the State
|
21 | | Pension Funds Continuing Appropriation Act.
|
22 | | (c) The full amount of any annual appropriation for the |
23 | | System for
State fiscal year 1995 shall be transferred and made |
24 | | available to the System
at the beginning of that fiscal year at |
25 | | the request of the Board.
Any excess funds remaining at the end |
26 | | of any fiscal year from appropriations
shall be retained by the |
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1 | | System as a general reserve to meet the System's
accrued |
2 | | liabilities.
|
3 | | (Source: P.A. 95-331, eff. 8-21-07; 96-1497, eff. 1-14-11; |
4 | | 96-1511, eff. 1-27-11.)
|
5 | | (40 ILCS 5/7-109) (from Ch. 108 1/2, par. 7-109)
|
6 | | Sec. 7-109. Employee.
|
7 | | (1) "Employee" means any person who:
|
8 | | (a) 1. Receives earnings as payment for the performance |
9 | | of personal
services or official duties out of the |
10 | | general fund of a municipality,
or out of any special |
11 | | fund or funds controlled by a municipality, or by
an |
12 | | instrumentality thereof, or a participating |
13 | | instrumentality, including,
in counties, the fees or |
14 | | earnings of any county fee office; and
|
15 | | 2. Under the usual common law rules applicable in |
16 | | determining the
employer-employee relationship, has |
17 | | the status of an employee with a
municipality, or any |
18 | | instrumentality thereof, or a participating
|
19 | | instrumentality, including aldermen, county |
20 | | supervisors and other
persons (excepting those |
21 | | employed as independent contractors) who are
paid |
22 | | compensation, fees, allowances or other emolument for |
23 | | official
duties, and, in counties, the several county |
24 | | fee offices.
|
25 | | (b) Serves as a township treasurer appointed under the |
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1 | | School
Code, as heretofore or hereafter amended, and
who |
2 | | receives for such services regular compensation as |
3 | | distinguished
from per diem compensation, and any regular |
4 | | employee in the office of
any township treasurer whether or |
5 | | not his earnings are paid from the
income of the permanent |
6 | | township fund or from funds subject to
distribution to the |
7 | | several school districts and parts of school
districts as |
8 | | provided in the School Code, or from both such sources; or |
9 | | is the chief executive officer, chief educational officer, |
10 | | chief fiscal officer, or other employee of a Financial |
11 | | Oversight Panel established pursuant to Article 1H of the |
12 | | School Code, other than a superintendent or certified |
13 | | school business official, except that such person shall not |
14 | | be treated as an employee under this Section if that person |
15 | | has negotiated with the Financial Oversight Panel, in |
16 | | conjunction with the school district, a contractual |
17 | | agreement for exclusion from this Section.
|
18 | | (c) Holds an elective office in a municipality, |
19 | | instrumentality
thereof or participating instrumentality.
|
20 | | (2) "Employee" does not include persons who:
|
21 | | (a) Are eligible for inclusion under any of the |
22 | | following laws:
|
23 | | 1. "An Act in relation to an Illinois State |
24 | | Teachers' Pension and
Retirement Fund", approved May |
25 | | 27, 1915, as amended;
|
26 | | 2. Articles 15 and 16 of this Code.
|
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1 | | However, such persons shall be included as employees to |
2 | | the extent of
earnings that are not eligible for inclusion |
3 | | under the foregoing laws
for services not of an |
4 | | instructional nature of any kind.
|
5 | | However, any member of the armed forces who is employed |
6 | | as a teacher
of subjects in the Reserve Officers Training |
7 | | Corps of any school and who
is not certified under the law |
8 | | governing the certification of teachers
shall be included |
9 | | as an employee.
|
10 | | (b) Are designated by the governing body of a |
11 | | municipality in which a
pension fund is required by law to |
12 | | be established for policemen or
firemen, respectively, as |
13 | | performing police or fire protection duties,
except that |
14 | | when such persons are the heads of the police or fire
|
15 | | department and are not eligible to be included within any |
16 | | such pension
fund, they shall be included within this |
17 | | Article; provided, that such
persons shall not be excluded |
18 | | to the extent of concurrent service and
earnings not |
19 | | designated as being for police or fire protection duties.
|
20 | | However, (i) any head of a police department who was a |
21 | | participant under this
Article immediately before October |
22 | | 1, 1977 and did not elect, under Section
3-109 of this Act, |
23 | | to participate in a police pension fund shall be an
|
24 | | "employee", and (ii) any chief of police who elects to |
25 | | participate in this
Fund under Section 3-109.1 of this |
26 | | Code, regardless of whether such person
continues to be |
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1 | | employed as chief of police or is employed in some other
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2 | | rank or capacity within the police department, shall be an |
3 | | employee under
this Article for so long as such person is |
4 | | employed to perform police
duties by a participating |
5 | | municipality and has not lawfully rescinded that
election. |
6 | | (c) After August 26, 2011 ( the effective date of Public |
7 | | Act 97-609) this amendatory Act of the 97th General |
8 | | Assembly , are contributors to or eligible to contribute to |
9 | | a Taft-Hartley pension plan established on or before June |
10 | | 1, 2011 and are employees of a theatre, arena, or |
11 | | convention center that is located in a municipality located |
12 | | in a county with a population greater than 5,000,000, and |
13 | | to which the participating municipality is required to |
14 | | contribute as the person's employer based on earnings from |
15 | | the municipality. Nothing in this paragraph shall affect |
16 | | service credit or creditable service for any period of |
17 | | service prior to August 26, 2011 the effective date of this |
18 | | amendatory Act of the 97th General Assembly , and this |
19 | | paragraph shall not apply to individuals who are |
20 | | participating in the Fund prior to August 26, 2011 the |
21 | | effective date of this amendatory Act of the 97th General |
22 | | Assembly .
|
23 | | (d) Become an employee of any of the following |
24 | | participating instrumentalities on or after the effective |
25 | | date of this amendatory Act of the 97th General Assembly: |
26 | | the Illinois Municipal League; the Illinois Association of |
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1 | | Park Districts; the Illinois Supervisors, County |
2 | | Commissioners and Superintendents of Highways Association; |
3 | | the Township School District Trustees; the United Counties |
4 | | Council; or the Will County Governmental League. |
5 | | (3) All persons, including, without limitation, public |
6 | | defenders and
probation officers, who receive earnings from |
7 | | general or special funds
of a county for performance of |
8 | | personal services or official duties
within the territorial |
9 | | limits of the county, are employees of the county
(unless |
10 | | excluded by subsection (2) of this Section) notwithstanding |
11 | | that
they may be appointed by and are subject to the direction |
12 | | of a person or
persons other than a county board or a county |
13 | | officer. It is hereby
established that an employer-employee |
14 | | relationship under the usual
common law rules exists between |
15 | | such employees and the county paying
their salaries by reason |
16 | | of the fact that the county boards fix their
rates of |
17 | | compensation, appropriate funds for payment of their earnings
|
18 | | and otherwise exercise control over them. This finding and this
|
19 | | amendatory Act shall apply to all such employees from the date |
20 | | of
appointment whether such date is prior to or after the |
21 | | effective date of
this amendatory Act and is intended to |
22 | | clarify existing law pertaining
to their status as |
23 | | participating employees in the Fund.
|
24 | | (Source: P.A. 97-429, eff. 8-16-11; 97-609, eff. 8-26-11; |
25 | | revised 9-28-11.)
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1 | | (40 ILCS 5/14-103.10) (from Ch. 108 1/2, par. 14-103.10)
|
2 | | Sec. 14-103.10. Compensation.
|
3 | | (a) For periods of service prior to January 1, 1978, the |
4 | | full rate of salary
or wages payable to an employee for |
5 | | personal services performed if he worked
the full normal |
6 | | working period for his position, subject to the following
|
7 | | maximum amounts: (1) prior to July 1, 1951, $400 per month or |
8 | | $4,800 per year;
(2) between July 1, 1951 and June 30, 1957 |
9 | | inclusive, $625 per month or $7,500
per year; (3) beginning |
10 | | July 1, 1957, no limitation.
|
11 | | In the case of service of an employee in a position |
12 | | involving
part-time employment, compensation shall be |
13 | | determined according to the
employees' earnings record.
|
14 | | (b) For periods of service on and after January 1, 1978, |
15 | | all
remuneration for personal services performed defined as |
16 | | "wages" under
the Social Security Enabling Act, including that |
17 | | part of such
remuneration which is in excess of any maximum |
18 | | limitation provided in
such Act, and including any benefits |
19 | | received by an employee under a sick
pay plan in effect before |
20 | | January 1, 1981, but excluding lump sum salary
payments:
|
21 | | (1) for vacation,
|
22 | | (2) for accumulated unused sick leave,
|
23 | | (3) upon discharge or dismissal,
|
24 | | (4) for approved holidays.
|
25 | | (c) For periods of service on or after December 16, 1978, |
26 | | compensation
also includes any benefits, other than lump sum |
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1 | | salary payments made at
termination of employment, which an |
2 | | employee receives or is eligible to
receive under a sick pay |
3 | | plan authorized by law.
|
4 | | (d) For periods of service after September 30, 1985, |
5 | | compensation also
includes any remuneration for personal |
6 | | services not included as "wages"
under the Social Security |
7 | | Enabling Act, which is deducted for purposes of
participation |
8 | | in a program established pursuant to Section 125 of the
|
9 | | Internal Revenue Code or its successor laws.
|
10 | | (e) For members for which Section 1-160 applies for periods |
11 | | of service on and after January 1, 2011, all remuneration for |
12 | | personal services performed defined as "wages" under the Social |
13 | | Security Enabling Act, excluding remuneration that is in excess |
14 | | of the annual earnings, salary, or wages of a member or |
15 | | participant, as provided in subsection (b-5) of Section 1-160, |
16 | | but including any benefits received by an employee under a sick |
17 | | pay plan in effect before January 1, 1981.
Compensation shall |
18 | | exclude lump sum salary payments: |
19 | | (1) for vacation; |
20 | | (2) for accumulated unused sick leave; |
21 | | (3) upon discharge or dismissal; and |
22 | | (4) for approved holidays. |
23 | | (f) Notwithstanding any other provision of this Section, |
24 | | "compensation" does not include any future increase in income |
25 | | offered by a department under this Article pursuant to the |
26 | | requirements of subsection (c) of Section 14-106.5 that is |
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1 | | accepted by a Tier I employee, or a Tier I retiree returning to |
2 | | active service, who has made an election under paragraph (2) of |
3 | | subsection (a) or (a-5) of Section 14-106.5. |
4 | | (g) Notwithstanding the other provisions of this Section, |
5 | | for an employee who first becomes a participant on or after the |
6 | | effective date of this amendatory Act of the 97th General |
7 | | Assembly, "compensation" does not include any payments or |
8 | | reimbursements for travel vouchers. |
9 | | (Source: P.A. 96-1490, eff. 1-1-11.)
|
10 | | (40 ILCS 5/14-103.40 new) |
11 | | Sec. 14-103.40. Tier I employee. "Tier I employee": An |
12 | | employee under this Article who first became a member or |
13 | | participant before January 1, 2011 under any reciprocal |
14 | | retirement system or pension fund established under this Code |
15 | | other than a retirement system or pension fund established |
16 | | under Article 2, 3, 4, 5, 6, or 18 of this Code. |
17 | | (40 ILCS 5/14-103.41 new) |
18 | | Sec. 14-103.41. Tier I retiree. "Tier I retiree": A former |
19 | | Tier I employee who is receiving a retirement annuity. |
20 | | (40 ILCS 5/14-103.42 new) |
21 | | Sec. 14-103.42. Future increase in income. "Future |
22 | | increase in income": Any increase in income in any form offered |
23 | | by a department to an employee under this Article after June |
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1 | | 30, 2013 that would qualify as "compensation", as defined under |
2 | | Section 14-103.10, but for the fact that the department offered |
3 | | the increase in income to the employee on the condition that it |
4 | | not qualify as compensation and the employee accepted the |
5 | | increase in income subject to that condition. The term "future |
6 | | increase in income" does not include an increase in income in |
7 | | any form that is paid to a Tier I employee under an employment |
8 | | contract or collective bargaining agreement that is in effect |
9 | | on the effective date of this Section but does include an |
10 | | increase in income in any form pursuant to an extension, |
11 | | amendment, or renewal of any such employment contract or |
12 | | collective bargaining agreement on or after the effective date |
13 | | of this amendatory Act of the 97th General Assembly.
|
14 | | (40 ILCS 5/14-106) (from Ch. 108 1/2, par. 14-106)
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15 | | Sec. 14-106. Membership service credit.
|
16 | | (a) After January 1, 1944, all
service of a member since he |
17 | | last became a member with respect to which
contributions are |
18 | | made shall count as membership service; provided, that
for |
19 | | service on and after July 1, 1950, 12 months of service shall
|
20 | | constitute a year of membership service, the completion of 15 |
21 | | days or
more of service during any month shall constitute 1 |
22 | | month of membership
service, 8 to 15 days shall constitute 1/2 |
23 | | month of membership service
and less than 8 days shall |
24 | | constitute 1/4 month of membership service.
The payroll record |
25 | | of each department shall constitute conclusive
evidence of the |
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1 | | record of service rendered by a member.
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2 | | (b) For a member who is employed and paid on an |
3 | | academic-year basis
rather than on a 12-month annual basis, |
4 | | employment for a full academic year
shall constitute a full |
5 | | year of membership service, except that the member
shall not |
6 | | receive more than one year of membership service credit (plus |
7 | | any
additional service credit granted for unused sick leave) |
8 | | for service during
any 12-month period. This subsection (b) |
9 | | applies to all such service for which
the member has not begun |
10 | | to receive a retirement annuity before January 1,
2001.
|
11 | | (c) A member who first participated in this System before |
12 | | the effective date of this amendatory Act of the 97th General |
13 | | Assembly shall be entitled to additional service credit, under
|
14 | | rules prescribed by the Board, for accumulated unused sick |
15 | | leave credited
to his account in the last Department on the |
16 | | date of withdrawal from
service or for any period for which he |
17 | | would have been eligible to receive
benefits under a sick pay |
18 | | plan authorized by law, if he had suffered a
sickness or |
19 | | accident on the date of withdrawal from service. It shall be |
20 | | the
responsibility of the last Department to certify to the |
21 | | Board the length of
time salary or benefits would have been |
22 | | paid to the member based upon the
accumulated unused sick leave |
23 | | or the applicable sick pay plan if he had
become entitled |
24 | | thereto because of sickness on the date that his status as
an |
25 | | employee terminated. This period of service credit granted |
26 | | under this
paragraph shall not be considered in determining the |
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1 | | date the retirement
annuity is to begin, or final average |
2 | | compensation.
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3 | | Service credit is not available for unused sick leave |
4 | | accumulated by a person who first participates in this System |
5 | | on or after the effective date of this amendatory Act of the |
6 | | 97th General Assembly. |
7 | | (Source: P.A. 92-14, eff. 6-28-01.)
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8 | | (40 ILCS 5/14-106.5 new) |
9 | | Sec. 14-106.5. Election by Tier I employees and Tier I |
10 | | retirees. |
11 | | (a) Each Tier I employee shall make an irrevocable election |
12 | | either: |
13 | | (1) to agree to the following: |
14 | | (i) to have the amount of the automatic annual |
15 | | increases in his or her retirement annuity that are |
16 | | otherwise provided for in this Article calculated, |
17 | | instead, as provided in subsection (a-1) of Section |
18 | | 14-114; and |
19 | | (ii) to have his or her eligibility for automatic |
20 | | annual increases in retirement annuity postponed as |
21 | | provided in subsection (a-2) of Section 14-114; or |
22 | | (2) to not agree to items (i) and (ii) as set forth in |
23 | | paragraph (1) of this subsection. |
24 | | The election required under this subsection (a) shall be |
25 | | made by each Tier I employee no earlier than January 1, 2013 |
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1 | | and no later than May 31, 2013, except that: |
2 | | (i) a person who becomes a Tier I employee under this |
3 | | Article after January 1, 2013 must make the election under |
4 | | this subsection (a) within 60 days after becoming a Tier I |
5 | | employee; |
6 | | (ii) a person who returns to active service as a Tier I |
7 | | employee under this Article after January 1, 2013 and has |
8 | | not yet made an election under this Section must make the |
9 | | election under this subsection (a) within 60 days after |
10 | | returning to active service as a Tier I employee; and |
11 | | (iii) a person who made the election under subsection |
12 | | (a-5) as a Tier I retiree remains bound by that election |
13 | | and shall not make a later election under this subsection |
14 | | (a). |
15 | | If a Tier I employee fails for any reason to make a |
16 | | required election under this subsection within the time |
17 | | specified, then the employee shall be deemed to have made the |
18 | | election under paragraph (2) of this subsection. |
19 | | (a-5) Each Tier I retiree shall make an irrevocable |
20 | | election either: |
21 | | (1) to agree to the following: |
22 | | (i) to have the amount of the automatic annual |
23 | | increases in his or her retirement annuity that are |
24 | | otherwise provided for in this Article calculated, |
25 | | instead, as provided in subsection (a-1) of Section |
26 | | 14-114; and |
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1 | | (ii) to have his or her eligibility for automatic |
2 | | annual increases in retirement annuity postponed as |
3 | | provided in subsection (a-2) of Section 14-114; or |
4 | | (2) to not agree to items (i) and (ii) as set forth in |
5 | | paragraph (1) of this subsection. |
6 | | The election required under this subsection (a-5) shall be |
7 | | made by each Tier I retiree no earlier than January 1, 2013 and |
8 | | no later than May 31, 2013, except that: |
9 | | (i) a person who becomes a Tier I retiree under this |
10 | | Article on or after January 1, 2013 must make the election |
11 | | under this subsection (a-5) within 60 days after becoming a |
12 | | Tier I retiree; and |
13 | | (ii) a person who made the election under subsection |
14 | | (a) as a Tier I employee remains bound by that election and |
15 | | shall not make a later election under this subsection |
16 | | (a-5). |
17 | | If a Tier I retiree fails for any reason to make a required |
18 | | election under this subsection within the time specified, then |
19 | | the Tier I retiree shall be deemed to have made the election |
20 | | under paragraph (2) of this subsection. |
21 | | (a-10) All elections under subsection (a) or (a-5) that are |
22 | | made or deemed to be made before June 1, 2013 shall take effect |
23 | | on July 1, 2013. Elections that are made or deemed to be made |
24 | | on or after June 1, 2013 shall take effect on the first day of |
25 | | the month following the month in which the election is made or |
26 | | deemed to be made. |
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1 | | (b) As adequate and legal consideration provided under this |
2 | | amendatory Act of the 97th General Assembly for making the |
3 | | election under paragraph (1) of subsection (a) of this Section, |
4 | | any future increases in income offered by a department under |
5 | | this Article to a Tier I employee who has made the election |
6 | | under paragraph (1) of subsection (a) of this Section shall be |
7 | | offered expressly and irrevocably as constituting compensation |
8 | | under Section 14-103.10. In addition, a Tier I employee who has |
9 | | made the election under paragraph (1) of subsection (a) of this |
10 | | Section shall receive the right to also participate in the |
11 | | optional cash balance plan established under Section 1-162. |
12 | | As adequate and legal consideration provided under this |
13 | | amendatory Act of the 97th General Assembly for making the |
14 | | election under paragraph (1) of subsection (a-5) of this |
15 | | Section, any future increases in income offered by a department |
16 | | under this Article to a Tier I retiree who returns to active |
17 | | service after having made the election under paragraph (1) of |
18 | | subsection (a-5) of this Section shall be offered expressly and |
19 | | irrevocably as constituting compensation under Section |
20 | | 14-103.10. In addition, a Tier I retiree who returns to active |
21 | | service and has made the election under paragraph (1) of |
22 | | subsection (a) of this Section shall receive the right to also |
23 | | participate in the optional cash balance plan established under |
24 | | Section 1-162. |
25 | | (c) A Tier I employee who makes the election under |
26 | | paragraph (2) of subsection (a) of this Section shall not be |
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1 | | subject to items (i) and (ii) set forth in paragraph (1) of |
2 | | subsection (a) of this Section. However, any future increases |
3 | | in income offered by a department under this Article to a Tier |
4 | | I employee who has made the election under paragraph (2) of |
5 | | subsection (a) of this Section shall be offered by the |
6 | | department expressly and irrevocably as not constituting |
7 | | compensation under Section 14-103.10, and the employee may not |
8 | | accept any future increase in income that is offered in |
9 | | violation of this requirement. In addition, a Tier I employee |
10 | | who has made the election under paragraph (2) of subsection (a) |
11 | | of this Section shall not receive the right to participate in |
12 | | the optional cash balance plan established under Section 1-162. |
13 | | A Tier I retiree who makes the election under paragraph (2) |
14 | | of subsection (a-5) of this Section shall not be subject to |
15 | | items (i) and (ii) set forth in paragraph (1) of subsection |
16 | | (a-5) of this Section. However, any future increases in income |
17 | | offered by a department under this Article to a Tier I retiree |
18 | | who returns to active service and has made the election under |
19 | | paragraph (2) of subsection (a-5) of this Section shall be |
20 | | offered by the department expressly and irrevocably as not |
21 | | constituting compensation under Section 14-103.10, and the |
22 | | employee may not accept any future increase in income that is |
23 | | offered in violation of this requirement. In addition, a Tier I |
24 | | retiree who returns to active service and has made the election |
25 | | under paragraph (2) of subsection (a) of this Section shall not |
26 | | receive the right to participate in the optional cash balance |
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1 | | plan established under Section 1-162. |
2 | | (d) The System shall make a good faith effort to contact |
3 | | each Tier I employee and Tier I retiree subject to this |
4 | | Section. The System shall mail information describing the |
5 | | required election to each Tier I employee and Tier I retiree by |
6 | | United States Postal Service mail to his or her last known |
7 | | address on file with the System. If the Tier I employee or Tier |
8 | | I retiree is not responsive to other means of contact, it is |
9 | | sufficient for the System to publish the details of any |
10 | | required elections on its website or to publish those details |
11 | | in a regularly published newsletter or other existing public |
12 | | forum. |
13 | | Tier I employees and Tier I retirees who are subject to |
14 | | this Section shall be provided with an election packet |
15 | | containing information regarding their options, as well as the |
16 | | forms necessary to make the required election. Upon request, |
17 | | the System shall offer Tier I employees and Tier I retirees an |
18 | | opportunity to receive information from the System before |
19 | | making the required election. The information may consist of |
20 | | video materials, group presentations, individual consultation |
21 | | with a member or authorized representative of the System in |
22 | | person or by telephone or other electronic means, or any |
23 | | combination of those methods. The System shall not provide |
24 | | advice or counseling with respect to which election a Tier I |
25 | | employee or Tier I retiree should make or specific to the legal |
26 | | or tax circumstances of or consequences to the Tier I employee |
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1 | | or Tier I retiree. |
2 | | The System shall inform Tier I employees and Tier I |
3 | | retirees in the election packet required under this subsection |
4 | | that the Tier I employee or Tier I retiree may also wish to |
5 | | obtain information and counsel relating to the election |
6 | | required under this Section from any other available source, |
7 | | including but not limited to labor organizations and private |
8 | | counsel. |
9 | | In no event shall the System, its staff, or the Board be |
10 | | held liable for any information given to a member, beneficiary, |
11 | | or annuitant regarding the elections under this Section. The |
12 | | System shall coordinate with the Illinois Department of Central |
13 | | Management Services and each other retirement system |
14 | | administering an election in accordance with this amendatory |
15 | | Act of the 97th General Assembly to provide information |
16 | | concerning the impact of the election set forth in this |
17 | | Section. |
18 | | (e) Notwithstanding any other provision of law, a |
19 | | department under this Article is required to offer any future |
20 | | increases in income expressly and irrevocably as not |
21 | | constituting "compensation" under Section 14-103.10 to any |
22 | | Tier I employee, or Tier I retiree returning to active service, |
23 | | who has made an election under paragraph (2) of subsection (a) |
24 | | or (a-5) of Section 14-106.5. A Tier I employee, or Tier I |
25 | | retiree returning to active service, who has made an election |
26 | | under paragraph (2) of subsection (a) or (a-5) of Section |
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1 | | 14-106.5 shall not accept any future increase in income that is |
2 | | offered by an employer under this Article in violation of the |
3 | | requirement set forth in this subsection. |
4 | | (f) A member's election under this Section is not a |
5 | | prohibited election under subdivision (j)(1) of Section 1-119 |
6 | | of this Code. |
7 | | (g) An employee who has made the election under paragraph |
8 | | (1) of subsection (a) or (a-5) of this Section may elect to |
9 | | participate in the optional cash balance plan under Section |
10 | | 1-162. |
11 | | The election to participate in the optional cash balance |
12 | | plan shall be made in writing, in the manner provided by the |
13 | | applicable retirement system. |
14 | | (h) Qualified Plan Status. No provision of this Section |
15 | | shall be interpreted in a way that would cause the System to |
16 | | cease to be a qualified plan under section 461 (a) of the |
17 | | Internal Revenue Code of 1986.
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18 | | (40 ILCS 5/14-114) (from Ch. 108 1/2, par. 14-114)
|
19 | | Sec. 14-114. Automatic increase in retirement annuity.
|
20 | | (a) Subject to the provisions of subsections (a-1) and |
21 | | (a-2), any Any person receiving a retirement annuity under this |
22 | | Article who
retires having attained age 60, or who retires |
23 | | before age 60 having at
least 35 years of creditable service, |
24 | | or who retires on or after January
1, 2001 at an age which, |
25 | | when added to the number of years of his or her
creditable |
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1 | | service, equals at least 85, shall, on January 1 next
following |
2 | | the first full year of retirement, have the amount of the then |
3 | | fixed
and payable monthly retirement annuity increased 3%. Any |
4 | | person receiving a
retirement annuity under this Article who |
5 | | retires before attainment of age 60
and with less than (i) 35 |
6 | | years of creditable service if retirement
is before January 1, |
7 | | 2001, or (ii) the number of years of creditable service
which, |
8 | | when added to the member's age, would equal 85, if retirement |
9 | | is on
or after January 1, 2001, shall have the amount of the |
10 | | fixed and payable
retirement annuity increased by 3% on the |
11 | | January 1 occurring on or next
following (1) attainment of age |
12 | | 60, or (2) the first anniversary of retirement,
whichever |
13 | | occurs later. However, for persons who receive the alternative
|
14 | | retirement annuity under Section 14-110, references in this |
15 | | subsection (a) to
attainment of age 60 shall be deemed to refer |
16 | | to attainment of age 55. For a
person receiving early |
17 | | retirement incentives under Section 14-108.3 whose
retirement |
18 | | annuity began after January 1, 1992 pursuant to an extension |
19 | | granted
under subsection (e) of that Section, the first |
20 | | anniversary of retirement shall
be deemed to be January 1, |
21 | | 1993.
For a person who retires on or after June 28, 2001 and on |
22 | | or before October 1, 2001,
and whose retirement annuity is |
23 | | calculated, in whole or in part, under Section
14-110 or |
24 | | subsection (g) or (h) of Section 14-108, the first anniversary |
25 | | of
retirement shall be deemed to be January 1, 2002.
|
26 | | On each January 1 following the date of the initial |
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1 | | increase under this
subsection, the employee's monthly |
2 | | retirement annuity shall be increased
by an additional 3%.
|
3 | | Beginning January 1, 1990 and except as provided in |
4 | | subsections (a-1) and (a-2) , all automatic annual increases |
5 | | payable under
this Section shall be calculated as a percentage |
6 | | of the total annuity
payable at the time of the increase, |
7 | | including previous increases granted
under this Article.
|
8 | | (a-1) Notwithstanding any other provision of this Article, |
9 | | for a Tier I employee or Tier I retiree who made the election |
10 | | under paragraph (1) of subsection (a) or (a-5) of Section |
11 | | 14-106.5, the amount of each automatic annual increase in |
12 | | retirement annuity occurring on or after the effective date of |
13 | | that election shall be 3% or one-half of the annual unadjusted |
14 | | percentage increase, if any, in the Consumer Price Index-U for |
15 | | the 12 months ending with the preceding September, whichever is |
16 | | less, of the originally granted retirement annuity. For the |
17 | | purposes of this Section, "Consumer Price Index-U" means
the |
18 | | index published by the Bureau of Labor Statistics of the United |
19 | | States
Department of Labor that measures the average change in |
20 | | prices of goods and
services purchased by all urban consumers, |
21 | | United States city average, all
items, 1982-84 = 100. |
22 | | (a-2) Notwithstanding any other provision of this Article, |
23 | | for a Tier I employee or Tier I retiree who made the election |
24 | | under paragraph (1) of subsection (a) or (a-5) of Section |
25 | | 14-106.5, the monthly retirement annuity shall first be subject |
26 | | to annual increases on the January 1 occurring on or next after |
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1 | | either the attainment of age 67 or the January 1 occurring on |
2 | | or next after the fifth anniversary of the annuity start date, |
3 | | whichever occurs earlier. If on the effective date of the |
4 | | election under paragraph (1) of subsection (a-5) of Section |
5 | | 14-106.5 a Tier I retiree has already received an annual |
6 | | increase under this Section but does not yet meet the new |
7 | | eligibility requirements of this subsection, the annual |
8 | | increases already received shall continue in force, but no |
9 | | additional annual increase shall be granted until the Tier I |
10 | | retiree meets the new eligibility requirements. |
11 | | (b) The provisions of subsection (a) of this Section shall |
12 | | be
applicable to an employee only if the employee makes the |
13 | | additional
contributions required after December 31, 1969 for |
14 | | the purpose of the
automatic increases for not less than the |
15 | | equivalent of one full year.
If an employee becomes an |
16 | | annuitant before his additional contributions
equal one full |
17 | | year's contributions based on his salary at the date of
|
18 | | retirement, the employee may pay the necessary balance of the
|
19 | | contributions to the system, without interest, and be eligible |
20 | | for the
increasing annuity authorized by this Section.
|
21 | | (c) The provisions of subsection (a) of this Section shall |
22 | | not be
applicable to any annuitant who is on retirement on |
23 | | December 31, 1969, and
thereafter returns to State service, |
24 | | unless the member has established at
least one year of |
25 | | additional creditable service following reentry into service.
|
26 | | (d) In addition to other increases which may be provided by |
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1 | | this Section,
on January 1, 1981 any annuitant who was |
2 | | receiving a retirement annuity
on or before January 1, 1971 |
3 | | shall have his retirement annuity then being
paid increased $1 |
4 | | per month for each year of creditable service. On January
1, |
5 | | 1982, any annuitant who began receiving a retirement annuity on |
6 | | or
before January 1, 1977, shall have his retirement annuity |
7 | | then being paid
increased $1 per month for each year of |
8 | | creditable service.
|
9 | | On January 1, 1987, any annuitant who began receiving a |
10 | | retirement
annuity on or before January 1, 1977, shall have the |
11 | | monthly retirement annuity
increased by an amount equal to 8¢ |
12 | | per year of creditable service times the
number of years that |
13 | | have elapsed since the annuity began.
|
14 | | (e) Every person who receives the alternative retirement |
15 | | annuity under
Section 14-110 and who is eligible to receive the |
16 | | 3% increase under subsection
(a) on January 1, 1986, shall also |
17 | | receive on that date a one-time increase
in retirement annuity |
18 | | equal to the difference between (1) his actual
retirement |
19 | | annuity on that date, including any increases received under
|
20 | | subsection (a), and (2) the amount of retirement annuity he |
21 | | would have
received on that date if the amendments to |
22 | | subsection (a) made by Public
Act 84-162 had been in effect |
23 | | since the date of his retirement.
|
24 | | (Source: P.A. 91-927, eff. 12-14-00; 92-14, eff. 6-28-01;
|
25 | | 92-651, eff. 7-11-02.)
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1 | | (40 ILCS 5/14-131)
|
2 | | Sec. 14-131. Contributions by State.
|
3 | | (a) Except as otherwise provided in this Section, the The |
4 | | State shall make contributions to the System by appropriations |
5 | | of
amounts which, together with other employer contributions |
6 | | from trust, federal,
and other funds, employee contributions, |
7 | | investment income, and other income,
will be sufficient to meet |
8 | | the cost of maintaining and administering the System
on a 90% |
9 | | funded basis in accordance with actuarial recommendations.
|
10 | | For the purposes of this Section and Section 14-135.08, |
11 | | references to State
contributions refer only to employer |
12 | | contributions and do not include employee
contributions that |
13 | | are picked up or otherwise paid by the State or a
department on |
14 | | behalf of the employee.
|
15 | | (b) The Board shall determine the total amount of State |
16 | | contributions
required for each fiscal year on the basis of the |
17 | | actuarial tables and other
assumptions adopted by the Board, |
18 | | using the formula in subsection (e).
|
19 | | The Board shall also determine a State contribution rate |
20 | | for each fiscal
year, expressed as a percentage of payroll, |
21 | | based on the total required State
contribution for that fiscal |
22 | | year (less the amount received by the System from
|
23 | | appropriations under Section 8.12 of the State Finance Act and |
24 | | Section 1 of the
State Pension Funds Continuing Appropriation |
25 | | Act, if any, for the fiscal year
ending on the June 30 |
26 | | immediately preceding the applicable November 15
certification |
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1 | | deadline), the estimated payroll (including all forms of
|
2 | | compensation) for personal services rendered by eligible |
3 | | employees, and the
recommendations of the actuary.
|
4 | | For the purposes of this Section and Section 14.1 of the |
5 | | State Finance Act,
the term "eligible employees" includes |
6 | | employees who participate in the System,
persons who may elect |
7 | | to participate in the System but have not so elected,
persons |
8 | | who are serving a qualifying period that is required for |
9 | | participation,
and annuitants employed by a department as |
10 | | described in subdivision (a)(1) or
(a)(2) of Section 14-111.
|
11 | | (c) Contributions shall be made by the several departments |
12 | | for each pay
period by warrants drawn by the State Comptroller |
13 | | against their respective
funds or appropriations based upon |
14 | | vouchers stating the amount to be so
contributed. These amounts |
15 | | shall be based on the full rate certified by the
Board under |
16 | | Section 14-135.08 for that fiscal year.
From the effective date |
17 | | of this amendatory Act of the 93rd General
Assembly through the |
18 | | payment of the final payroll from fiscal year 2004
|
19 | | appropriations, the several departments shall not make |
20 | | contributions
for the remainder of fiscal year 2004 but shall |
21 | | instead make payments
as required under subsection (a-1) of |
22 | | Section 14.1 of the State Finance Act.
The several departments |
23 | | shall resume those contributions at the commencement of
fiscal |
24 | | year 2005.
|
25 | | (c-1) Notwithstanding subsection (c) of this Section, for |
26 | | fiscal years 2010 and 2012 only, contributions by the several |
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1 | | departments are not required to be made for General Revenue |
2 | | Funds payrolls processed by the Comptroller. Payrolls paid by |
3 | | the several departments from all other State funds must |
4 | | continue to be processed pursuant to subsection (c) of this |
5 | | Section. |
6 | | (c-2) For State fiscal years 2010 and 2012 only, on or as |
7 | | soon as possible after the 15th day of each month, the Board |
8 | | shall submit vouchers for payment of State contributions to the |
9 | | System, in a total monthly amount of one-twelfth of the fiscal |
10 | | year General Revenue Fund contribution as certified by the |
11 | | System pursuant to Section 14-135.08 of the Illinois Pension |
12 | | Code. |
13 | | (d) If an employee is paid from trust funds or federal |
14 | | funds, the
department or other employer shall pay employer |
15 | | contributions from those funds
to the System at the certified |
16 | | rate, unless the terms of the trust or the
federal-State |
17 | | agreement preclude the use of the funds for that purpose, in
|
18 | | which case the required employer contributions shall be paid by |
19 | | the State.
From the effective date of this amendatory
Act of |
20 | | the 93rd General Assembly through the payment of the final
|
21 | | payroll from fiscal year 2004 appropriations, the department or |
22 | | other
employer shall not pay contributions for the remainder of |
23 | | fiscal year
2004 but shall instead make payments as required |
24 | | under subsection (a-1) of
Section 14.1 of the State Finance |
25 | | Act. The department or other employer shall
resume payment of
|
26 | | contributions at the commencement of fiscal year 2005.
|
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1 | | (e) Except as otherwise provided in this Section, for For |
2 | | State fiscal years 2012 through 2045, the minimum contribution
|
3 | | to the System to be made by the State for each fiscal year |
4 | | shall be an amount
determined by the System to be sufficient to |
5 | | bring the total assets of the
System up to 90% of the total |
6 | | actuarial liabilities of the System by the end
of State fiscal |
7 | | year 2045. In making these determinations, the required State
|
8 | | contribution shall be calculated each year as a level |
9 | | percentage of payroll
over the years remaining to and including |
10 | | fiscal year 2045 and shall be
determined under the projected |
11 | | unit credit actuarial cost method.
|
12 | | For State fiscal years 1996 through 2005, the State |
13 | | contribution to
the System, as a percentage of the applicable |
14 | | employee payroll, shall be
increased in equal annual increments |
15 | | so that by State fiscal year 2011, the
State is contributing at |
16 | | the rate required under this Section; except that
(i) for State |
17 | | fiscal year 1998, for all purposes of this Code and any other
|
18 | | law of this State, the certified percentage of the applicable |
19 | | employee payroll
shall be 5.052% for employees earning eligible |
20 | | creditable service under Section
14-110 and 6.500% for all |
21 | | other employees, notwithstanding any contrary
certification |
22 | | made under Section 14-135.08 before the effective date of this
|
23 | | amendatory Act of 1997, and (ii)
in the following specified |
24 | | State fiscal years, the State contribution to
the System shall |
25 | | not be less than the following indicated percentages of the
|
26 | | applicable employee payroll, even if the indicated percentage |
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1 | | will produce a
State contribution in excess of the amount |
2 | | otherwise required under this
subsection and subsection (a):
|
3 | | 9.8% in FY 1999;
10.0% in FY 2000;
10.2% in FY 2001;
10.4% in FY |
4 | | 2002;
10.6% in FY 2003; and
10.8% in FY 2004.
|
5 | | Notwithstanding any other provision of this Article, the |
6 | | total required State
contribution to the System for State |
7 | | fiscal year 2006 is $203,783,900.
|
8 | | Notwithstanding any other provision of this Article, the |
9 | | total required State
contribution to the System for State |
10 | | fiscal year 2007 is $344,164,400.
|
11 | | For each of State fiscal years 2008 through 2009, the State |
12 | | contribution to
the System, as a percentage of the applicable |
13 | | employee payroll, shall be
increased in equal annual increments |
14 | | from the required State contribution for State fiscal year |
15 | | 2007, so that by State fiscal year 2011, the
State is |
16 | | contributing at the rate otherwise required under this Section.
|
17 | | Notwithstanding any other provision of this Article, the |
18 | | total required State General Revenue Fund contribution for |
19 | | State fiscal year 2010 is $723,703,100 and shall be made from |
20 | | the proceeds of bonds sold in fiscal year 2010 pursuant to |
21 | | Section 7.2 of the General Obligation Bond Act, less (i) the |
22 | | pro rata share of bond sale expenses determined by the System's |
23 | | share of total bond proceeds, (ii) any amounts received from |
24 | | the General Revenue Fund in fiscal year 2010, and (iii) any |
25 | | reduction in bond proceeds due to the issuance of discounted |
26 | | bonds, if applicable. |
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1 | | Notwithstanding any other provision of this Article, the
|
2 | | total required State General Revenue Fund contribution for
|
3 | | State fiscal year 2011 is the amount recertified by the System |
4 | | on or before April 1, 2011 pursuant to Section 14-135.08 and |
5 | | shall be made from
the proceeds of bonds sold in fiscal year |
6 | | 2011 pursuant to
Section 7.2 of the General Obligation Bond |
7 | | Act, less (i) the
pro rata share of bond sale expenses |
8 | | determined by the System's
share of total bond proceeds, (ii) |
9 | | any amounts received from
the General Revenue Fund in fiscal |
10 | | year 2011, and (iii) any
reduction in bond proceeds due to the |
11 | | issuance of discounted
bonds, if applicable. |
12 | | Except as otherwise provided in this Section, beginning |
13 | | Beginning in State fiscal year 2046, the minimum State |
14 | | contribution for
each fiscal year shall be the amount needed to |
15 | | maintain the total assets of
the System at 90% of the total |
16 | | actuarial liabilities of the System.
|
17 | | Amounts received by the System pursuant to Section 25 of |
18 | | the Budget Stabilization Act or Section 8.12 of the State |
19 | | Finance Act in any fiscal year do not reduce and do not |
20 | | constitute payment of any portion of the minimum State |
21 | | contribution required under this Article in that fiscal year. |
22 | | Such amounts shall not reduce, and shall not be included in the |
23 | | calculation of, the required State contributions under this |
24 | | Article in any future year until the System has reached a |
25 | | funding ratio of at least 90%. A reference in this Article to |
26 | | the "required State contribution" or any substantially similar |
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1 | | term does not include or apply to any amounts payable to the |
2 | | System under Section 25 of the Budget Stabilization Act.
|
3 | | Notwithstanding any other provision of this Section, the |
4 | | required State
contribution for State fiscal year 2005 and for |
5 | | fiscal year 2008 and each fiscal year thereafter, as
calculated |
6 | | under this Section and
certified under Section 14-135.08, shall |
7 | | not exceed an amount equal to (i) the
amount of the required |
8 | | State contribution that would have been calculated under
this |
9 | | Section for that fiscal year if the System had not received any |
10 | | payments
under subsection (d) of Section 7.2 of the General |
11 | | Obligation Bond Act, minus
(ii) the portion of the State's |
12 | | total debt service payments for that fiscal
year on the bonds |
13 | | issued in fiscal year 2003 for the purposes of that Section |
14 | | 7.2, as determined
and certified by the Comptroller, that is |
15 | | the same as the System's portion of
the total moneys |
16 | | distributed under subsection (d) of Section 7.2 of the General
|
17 | | Obligation Bond Act. In determining this maximum for State |
18 | | fiscal years 2008 through 2010, however, the amount referred to |
19 | | in item (i) shall be increased, as a percentage of the |
20 | | applicable employee payroll, in equal increments calculated |
21 | | from the sum of the required State contribution for State |
22 | | fiscal year 2007 plus the applicable portion of the State's |
23 | | total debt service payments for fiscal year 2007 on the bonds |
24 | | issued in fiscal year 2003 for the purposes of Section 7.2 of |
25 | | the General
Obligation Bond Act, so that, by State fiscal year |
26 | | 2011, the
State is contributing at the rate otherwise required |
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1 | | under this Section.
|
2 | | (e-1) If at least 50% of Tier I employees making an |
3 | | election under Section 14-106.5 before June 1, 2013 choose the |
4 | | option under paragraph (1) of subsection (a) of that Section, |
5 | | then: |
6 | | (1) In lieu of the State contributions required under |
7 | | subsection (e), for State fiscal years 2014 through 2043 |
8 | | the minimum contribution
to the System to be made by the |
9 | | State for each fiscal year shall be an amount
determined by |
10 | | the System to be equal to the sum of (1) the State's |
11 | | portion of the projected normal cost for that fiscal year, |
12 | | plus (2) an amount sufficient to bring the total assets of |
13 | | the
System up to 100% of the total actuarial liabilities of |
14 | | the System by the end of
State fiscal year 2043. In making |
15 | | these determinations, the required State
contribution |
16 | | shall be calculated each year as a level percentage of |
17 | | payroll
over the years remaining to and including fiscal |
18 | | year 2043 and shall be
determined under the projected unit |
19 | | credit actuarial cost method. |
20 | | (2) Beginning in State fiscal year 2044, the minimum |
21 | | State contribution for each fiscal year shall be the amount |
22 | | needed to maintain the total assets of the System at 100% |
23 | | of the total actuarial liabilities of the System. |
24 | | (e-2) If less than 50% of Tier I employees making an |
25 | | election under Section 14-106.5 before June 1, 2013 choose the |
26 | | option under paragraph (1) of subsection (a) of that Section, |
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1 | | then: |
2 | | (1) Instead of the annual required contribution |
3 | | otherwise specified in subsection (e-1) of this Section, |
4 | | the annual required contribution to the System to be made |
5 | | by the State shall be determined under subsection (e) of |
6 | | this Section. |
7 | | (2) As soon as possible after June 1, 2014, the Board |
8 | | shall recertify the annual required contribution by the |
9 | | State for State fiscal year 2015. |
10 | | (f) After the submission of all payments for eligible |
11 | | employees
from personal services line items in fiscal year 2004 |
12 | | have been made,
the Comptroller shall provide to the System a |
13 | | certification of the sum
of all fiscal year 2004 expenditures |
14 | | for personal services that would
have been covered by payments |
15 | | to the System under this Section if the
provisions of this |
16 | | amendatory Act of the 93rd General Assembly had not been
|
17 | | enacted. Upon
receipt of the certification, the System shall |
18 | | determine the amount
due to the System based on the full rate |
19 | | certified by the Board under
Section 14-135.08 for fiscal year |
20 | | 2004 in order to meet the State's
obligation under this |
21 | | Section. The System shall compare this amount
due to the amount |
22 | | received by the System in fiscal year 2004 through
payments |
23 | | under this Section and under Section 6z-61 of the State Finance |
24 | | Act.
If the amount
due is more than the amount received, the |
25 | | difference shall be termed the
"Fiscal Year 2004 Shortfall" for |
26 | | purposes of this Section, and the
Fiscal Year 2004 Shortfall |
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1 | | shall be satisfied under Section 1.2 of the State
Pension Funds |
2 | | Continuing Appropriation Act. If the amount due is less than |
3 | | the
amount received, the
difference shall be termed the "Fiscal |
4 | | Year 2004 Overpayment" for purposes of
this Section, and the |
5 | | Fiscal Year 2004 Overpayment shall be repaid by
the System to |
6 | | the Pension Contribution Fund as soon as practicable
after the |
7 | | certification.
|
8 | | (g) For purposes of determining the required State |
9 | | contribution to the System, the value of the System's assets |
10 | | shall be equal to the actuarial value of the System's assets, |
11 | | which shall be calculated as follows: |
12 | | As of June 30, 2008, the actuarial value of the System's |
13 | | assets shall be equal to the market value of the assets as of |
14 | | that date. In determining the actuarial value of the System's |
15 | | assets for fiscal years after June 30, 2008, any actuarial |
16 | | gains or losses from investment return incurred in a fiscal |
17 | | year shall be recognized in equal annual amounts over the |
18 | | 5-year period following that fiscal year. |
19 | | (h) For purposes of determining the required State |
20 | | contribution to the System for a particular year, the actuarial |
21 | | value of assets shall be assumed to earn a rate of return equal |
22 | | to the System's actuarially assumed rate of return. |
23 | | (i) After the submission of all payments for eligible |
24 | | employees from personal services line items paid from the |
25 | | General Revenue Fund in fiscal year 2010 have been made, the |
26 | | Comptroller shall provide to the System a certification of the |
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1 | | sum of all fiscal year 2010 expenditures for personal services |
2 | | that would have been covered by payments to the System under |
3 | | this Section if the provisions of this amendatory Act of the |
4 | | 96th General Assembly had not been enacted. Upon receipt of the |
5 | | certification, the System shall determine the amount due to the |
6 | | System based on the full rate certified by the Board under |
7 | | Section 14-135.08 for fiscal year 2010 in order to meet the |
8 | | State's obligation under this Section. The System shall compare |
9 | | this amount due to the amount received by the System in fiscal |
10 | | year 2010 through payments under this Section. If the amount |
11 | | due is more than the amount received, the difference shall be |
12 | | termed the "Fiscal Year 2010 Shortfall" for purposes of this |
13 | | Section, and the Fiscal Year 2010 Shortfall shall be satisfied |
14 | | under Section 1.2 of the State Pension Funds Continuing |
15 | | Appropriation Act. If the amount due is less than the amount |
16 | | received, the difference shall be termed the "Fiscal Year 2010 |
17 | | Overpayment" for purposes of this Section, and the Fiscal Year |
18 | | 2010 Overpayment shall be repaid by the System to the General |
19 | | Revenue Fund as soon as practicable after the certification. |
20 | | (j) After the submission of all payments for eligible |
21 | | employees from personal services line items paid from the |
22 | | General Revenue Fund in fiscal year 2011 have been made, the |
23 | | Comptroller shall provide to the System a certification of the |
24 | | sum of all fiscal year 2011 expenditures for personal services |
25 | | that would have been covered by payments to the System under |
26 | | this Section if the provisions of this amendatory Act of the |
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1 | | 96th General Assembly had not been enacted. Upon receipt of the |
2 | | certification, the System shall determine the amount due to the |
3 | | System based on the full rate certified by the Board under |
4 | | Section 14-135.08 for fiscal year 2011 in order to meet the |
5 | | State's obligation under this Section. The System shall compare |
6 | | this amount due to the amount received by the System in fiscal |
7 | | year 2011 through payments under this Section. If the amount |
8 | | due is more than the amount received, the difference shall be |
9 | | termed the "Fiscal Year 2011 Shortfall" for purposes of this |
10 | | Section, and the Fiscal Year 2011 Shortfall shall be satisfied |
11 | | under Section 1.2 of the State Pension Funds Continuing |
12 | | Appropriation Act. If the amount due is less than the amount |
13 | | received, the difference shall be termed the "Fiscal Year 2011 |
14 | | Overpayment" for purposes of this Section, and the Fiscal Year |
15 | | 2011 Overpayment shall be repaid by the System to the General |
16 | | Revenue Fund as soon as practicable after the certification. |
17 | | (k) For fiscal year 2012 only, after the submission of all |
18 | | payments for eligible employees from personal services line |
19 | | items paid from the General Revenue Fund in the fiscal year |
20 | | have been made, the Comptroller shall provide to the System a |
21 | | certification of the sum of all expenditures in the fiscal year |
22 | | for personal services. Upon receipt of the certification, the |
23 | | System shall determine the amount due to the System based on |
24 | | the full rate certified by the Board under Section 14-135.08 |
25 | | for the fiscal year in order to meet the State's obligation |
26 | | under this Section. The System shall compare this amount due to |
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1 | | the amount received by the System for the fiscal year. If the |
2 | | amount due is more than the amount received, the difference |
3 | | shall be termed the "Fiscal Year Shortfall" for purposes of |
4 | | this Section, and the Fiscal Year Shortfall shall be satisfied |
5 | | under Section 1.2 of the State Pension Funds Continuing |
6 | | Appropriation Act. If the amount due is less than the amount |
7 | | received, the difference shall be termed the "Fiscal Year |
8 | | Overpayment" for purposes of this Section, and the Fiscal Year |
9 | | Overpayment shall be repaid by the System to the General |
10 | | Revenue Fund as soon as practicable after the certification. |
11 | | (Source: P.A. 96-43, eff. 7-15-09; 96-45, eff. 7-15-09; |
12 | | 96-1000, eff. 7-2-10; 96-1497, eff. 1-14-11; 96-1511, eff. |
13 | | 1-27-11; 96-1554, eff. 3-18-11; 97-72, eff. 7-1-11.)
|
14 | | (40 ILCS 5/14-132) (from Ch. 108 1/2, par. 14-132)
|
15 | | Sec. 14-132. Obligations of State. |
16 | | (a) The payment of the required department
contributions, |
17 | | all allowances,
annuities, benefits granted under this |
18 | | Article, and all expenses of
administration of the system are |
19 | | obligations of the State of Illinois to
the extent specified in |
20 | | this Article.
|
21 | | (b) All income of the system
shall be credited to a |
22 | | separate account for this system in the State
treasury and |
23 | | shall be used to pay allowances, annuities, benefits and
|
24 | | administration expense.
|
25 | | (c) If the System submits a voucher for monthly |
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1 | | contributions as required in Section 14-131 and the State fails |
2 | | to pay within 90 days of receipt of such a voucher, the Board |
3 | | shall submit a written request to the Comptroller seeking |
4 | | payment. A copy of the request shall be filed with the |
5 | | Secretary of State, and the Secretary of State shall provide |
6 | | copies to the Governor and General Assembly. No earlier than |
7 | | the 16th day after filing a request with the Secretary of |
8 | | State, the Board shall have the right to commence a mandamus |
9 | | action in the Supreme Court of Illinois to compel the |
10 | | Comptroller to satisfy the voucher by making payment from the |
11 | | General Revenue Fund. This Section constitutes an express |
12 | | waiver of the State's sovereign immunity solely to the extent |
13 | | it permits the Board to commence a mandamus action in the |
14 | | Illinois Supreme Court to compel the Comptroller to pay a |
15 | | voucher for monthly contributions as required in Section |
16 | | 14-131. |
17 | | (Source: P.A. 80-841.)
|
18 | | (40 ILCS 5/14-133) (from Ch. 108 1/2, par. 14-133)
|
19 | | Sec. 14-133. Contributions on behalf of members.
|
20 | | (a) Each participating employee shall make contributions |
21 | | to the System,
based on the employee's compensation, as |
22 | | follows:
|
23 | | (1) Covered employees, except as indicated below, 3.5% |
24 | | for
retirement annuity, and 0.5% for a widow or survivors
|
25 | | annuity;
|
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1 | | (2) Noncovered employees, except as indicated below, |
2 | | 7% for retirement
annuity and 1% for a widow or survivors |
3 | | annuity;
|
4 | | (3) Noncovered employees serving in a position in which |
5 | | "eligible
creditable service" as defined in Section 14-110 |
6 | | may be earned, 1% for a widow
or survivors annuity
plus the |
7 | | following amount for retirement annuity: 8.5% through |
8 | | December 31,
2001; 9.5% in 2002; 10.5% in 2003; and 11.5% |
9 | | in 2004 and thereafter;
|
10 | | (4) Covered employees serving in a position in which |
11 | | "eligible creditable
service" as defined in Section 14-110 |
12 | | may be earned, 0.5% for a widow or survivors annuity
plus |
13 | | the following amount for retirement annuity: 5% through |
14 | | December 31,
2001; 6% in 2002; 7% in 2003; and 8% in 2004 |
15 | | and thereafter;
|
16 | | (5) Each security employee of the Department of |
17 | | Corrections
or of the Department of Human Services who is a |
18 | | covered employee, 0.5% for a widow or survivors annuity
|
19 | | plus the following amount for retirement annuity: 5% |
20 | | through December 31,
2001; 6% in 2002; 7% in 2003; and 8% |
21 | | in 2004 and thereafter;
|
22 | | (6) Each security employee of the Department of |
23 | | Corrections
or of the Department of Human Services who is |
24 | | not a covered employee, 1% for a widow or survivors annuity
|
25 | | plus the following amount for retirement annuity: 8.5% |
26 | | through December 31,
2001; 9.5% in 2002; 10.5% in 2003; and |
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1 | | 11.5% in 2004 and thereafter.
|
2 | | (a-1) In addition to the contributions required under |
3 | | subsection (a), an employee who elects to participate in the |
4 | | optional cash balance plan under Section 1-162 shall pay to the |
5 | | System for the purpose of participating in the optional cash |
6 | | balance plan an additional contribution of 2% of each payment |
7 | | of compensation received while he or she is a participant in |
8 | | the optional cash balance plan. These contributions shall not |
9 | | be used for the purpose of determining any benefit under this |
10 | | Article except as provided in the optional cash balance plan. |
11 | | (b) Contributions shall be in the form of a deduction from
|
12 | | compensation and shall be made notwithstanding that the |
13 | | compensation
paid in cash to the employee shall be reduced |
14 | | thereby below the minimum
prescribed by law or regulation. Each |
15 | | member is deemed to consent and
agree to the deductions from |
16 | | compensation provided for in this Article,
and shall receipt in |
17 | | full for salary or compensation.
|
18 | | (Source: P.A. 92-14, eff. 6-28-01.)
|
19 | | (40 ILCS 5/14-135.08) (from Ch. 108 1/2, par. 14-135.08)
|
20 | | Sec. 14-135.08. To certify required State contributions. |
21 | | (a)
To certify to the Governor and to each department, on |
22 | | or before
November 15 of each year until November 15, 2011 , the |
23 | | required rate for State contributions to the
System for the |
24 | | next State fiscal year, as determined under subsection (b) of
|
25 | | Section 14-131. The certification to the Governor under this |
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1 | | subsection (a) shall include a copy of the
actuarial |
2 | | recommendations upon which the rate is based and shall |
3 | | specifically identify the System's projected State normal cost |
4 | | for that fiscal year .
|
5 | | (a-5) On or before November 1 of each year, beginning |
6 | | November 1, 2012, the Board shall submit to the State Actuary, |
7 | | the Governor, and the General Assembly a proposed certification |
8 | | of the amount of the required State contribution to the System |
9 | | for the next fiscal year, along with all of the actuarial |
10 | | assumptions, calculations, and data upon which that proposed |
11 | | certification is based. On or before January 1 of each year |
12 | | beginning January 1, 2013, the State Actuary shall issue a |
13 | | preliminary report concerning the proposed certification and |
14 | | identifying, if necessary, recommended changes in actuarial |
15 | | assumptions that the Board must consider before finalizing its |
16 | | certification of the required State contributions. On or before |
17 | | January 15, 2013 and each January 15 thereafter, the Board |
18 | | shall certify to the Governor and the General Assembly the |
19 | | amount of the required State contribution for the next fiscal |
20 | | year. The Board's certification must note any deviations from |
21 | | the State Actuary's recommended changes, the reason or reasons |
22 | | for not following the State Actuary's recommended changes, and |
23 | | the fiscal impact of not following the State Actuary's |
24 | | recommended changes on the required State contribution. |
25 | | (b) The certifications under subsections (a) and (a-5) |
26 | | certification shall include an additional amount necessary to |
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1 | | pay all principal of and interest on those general obligation |
2 | | bonds due the next fiscal year authorized by Section 7.2(a) of |
3 | | the General Obligation Bond Act and issued to provide the |
4 | | proceeds deposited by the State with the System in July 2003, |
5 | | representing deposits other than amounts reserved under |
6 | | Section 7.2(c) of the General Obligation Bond Act. For State |
7 | | fiscal year 2005, the Board shall make a supplemental |
8 | | certification of the additional amount necessary to pay all |
9 | | principal of and interest on those general obligation bonds due |
10 | | in State fiscal years 2004 and 2005 authorized by Section |
11 | | 7.2(a) of the General Obligation Bond Act and issued to provide |
12 | | the proceeds deposited by the State with the System in July |
13 | | 2003, representing deposits other than amounts reserved under |
14 | | Section 7.2(c) of the General Obligation Bond Act, as soon as |
15 | | practical after the effective date of this amendatory Act of |
16 | | the 93rd General Assembly.
|
17 | | On or before May 1, 2004, the Board shall recalculate and |
18 | | recertify
to the Governor and to each department the amount of |
19 | | the required State
contribution to the System and the required |
20 | | rates for State contributions
to the System for State fiscal |
21 | | year 2005, taking into account the amounts
appropriated to and |
22 | | received by the System under subsection (d) of Section
7.2 of |
23 | | the General Obligation Bond Act.
|
24 | | On or before July 1, 2005, the Board shall recalculate and |
25 | | recertify
to the Governor and to each department the amount of |
26 | | the required State
contribution to the System and the required |
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1 | | rates for State contributions
to the System for State fiscal |
2 | | year 2006, taking into account the changes in required State |
3 | | contributions made by this amendatory Act of the 94th General |
4 | | Assembly.
|
5 | | On or before April 1, 2011, the Board shall recalculate and |
6 | | recertify to the Governor and to each department the amount of |
7 | | the required State contribution to the System for State fiscal |
8 | | year 2011, applying the changes made by Public Act 96-889 to |
9 | | the System's assets and liabilities as of June 30, 2009 as |
10 | | though Public Act 96-889 was approved on that date. |
11 | | (Source: P.A. 96-1497, eff. 1-14-11; 96-1511, eff. 1-27-11.)
|
12 | | (40 ILCS 5/14-152.1)
|
13 | | Sec. 14-152.1. Application and expiration of new benefit |
14 | | increases. |
15 | | (a) As used in this Section, "new benefit increase" means |
16 | | an increase in the amount of any benefit provided under this |
17 | | Article, or an expansion of the conditions of eligibility for |
18 | | any benefit under this Article, that results from an amendment |
19 | | to this Code that takes effect after June 1, 2005 (the |
20 | | effective date of Public Act 94-4). "New benefit increase", |
21 | | however, does not include any benefit increase resulting from |
22 | | the changes made to this Article or Article 1 by Public Act |
23 | | 96-37 or this amendatory Act of the 97th 96th General Assembly.
|
24 | | (b) Notwithstanding any other provision of this Code or any |
25 | | subsequent amendment to this Code, every new benefit increase |
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1 | | is subject to this Section and shall be deemed to be granted |
2 | | only in conformance with and contingent upon compliance with |
3 | | the provisions of this Section.
|
4 | | (c) The Public Act enacting a new benefit increase must |
5 | | identify and provide for payment to the System of additional |
6 | | funding at least sufficient to fund the resulting annual |
7 | | increase in cost to the System as it accrues. |
8 | | Every new benefit increase is contingent upon the General |
9 | | Assembly providing the additional funding required under this |
10 | | subsection. The Commission on Government Forecasting and |
11 | | Accountability shall analyze whether adequate additional |
12 | | funding has been provided for the new benefit increase and |
13 | | shall report its analysis to the Public Pension Division of the |
14 | | Department of Financial and Professional Regulation. A new |
15 | | benefit increase created by a Public Act that does not include |
16 | | the additional funding required under this subsection is null |
17 | | and void. If the Public Pension Division determines that the |
18 | | additional funding provided for a new benefit increase under |
19 | | this subsection is or has become inadequate, it may so certify |
20 | | to the Governor and the State Comptroller and, in the absence |
21 | | of corrective action by the General Assembly, the new benefit |
22 | | increase shall expire at the end of the fiscal year in which |
23 | | the certification is made.
|
24 | | (d) Every new benefit increase shall expire 5 years after |
25 | | its effective date or on such earlier date as may be specified |
26 | | in the language enacting the new benefit increase or provided |
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1 | | under subsection (c). This does not prevent the General |
2 | | Assembly from extending or re-creating a new benefit increase |
3 | | by law. |
4 | | (e) Except as otherwise provided in the language creating |
5 | | the new benefit increase, a new benefit increase that expires |
6 | | under this Section continues to apply to persons who applied |
7 | | and qualified for the affected benefit while the new benefit |
8 | | increase was in effect and to the affected beneficiaries and |
9 | | alternate payees of such persons, but does not apply to any |
10 | | other person, including without limitation a person who |
11 | | continues in service after the expiration date and did not |
12 | | apply and qualify for the affected benefit while the new |
13 | | benefit increase was in effect.
|
14 | | (Source: P.A. 96-37, eff. 7-13-09.)
|
15 | | (40 ILCS 5/16-158)
(from Ch. 108 1/2, par. 16-158)
|
16 | | Sec. 16-158. Contributions by State and other employing |
17 | | units.
|
18 | | (a) The State shall make contributions to the System by |
19 | | means of
appropriations from the Common School Fund and other |
20 | | State funds of amounts
which, together with other employer |
21 | | contributions, employee contributions,
investment income, and |
22 | | other income, will be sufficient to meet the cost of
|
23 | | maintaining and administering the System on a 90% funded basis |
24 | | in accordance
with actuarial recommendations.
|
25 | | The Board shall determine the amount of State contributions |
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1 | | required for
each fiscal year on the basis of the actuarial |
2 | | tables and other assumptions
adopted by the Board and the |
3 | | recommendations of the actuary, using the formula
in subsection |
4 | | (b-3).
|
5 | | (a-1) Annually, on or before November 15 until November 15, |
6 | | 2011 , the Board shall certify to the
Governor the amount of the |
7 | | required State contribution for the coming fiscal
year. The |
8 | | certification under this subsection (a-1) shall include a copy |
9 | | of the actuarial recommendations
upon which it is based.
|
10 | | On or before May 1, 2004, the Board shall recalculate and |
11 | | recertify to
the Governor the amount of the required State |
12 | | contribution to the System for
State fiscal year 2005, taking |
13 | | into account the amounts appropriated to and
received by the |
14 | | System under subsection (d) of Section 7.2 of the General
|
15 | | Obligation Bond Act.
|
16 | | On or before July 1, 2005 April 1, 2011 , the Board shall |
17 | | recalculate and recertify
to the Governor the amount of the |
18 | | required State
contribution to the System for State fiscal year |
19 | | 2006, taking into account the changes in required State |
20 | | contributions made by this amendatory Act of the 94th General |
21 | | Assembly.
|
22 | | On or before April 1, 2011 June 15, 2010 , the Board shall |
23 | | recalculate and recertify to the Governor the amount of the |
24 | | required State contribution to the System for State fiscal year |
25 | | 2011, applying the changes made by Public Act 96-889 to the |
26 | | System's assets and liabilities as of June 30, 2009 as though |
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1 | | Public Act 96-889 was approved on that date. |
2 | | (a-5) On or before November 1 of each year, beginning |
3 | | November 1, 2012, the Board shall submit to the State Actuary, |
4 | | the Governor, and the General Assembly a proposed certification |
5 | | of the amount of the required State contribution to the System |
6 | | for the next fiscal year, along with all of the actuarial |
7 | | assumptions, calculations, and data upon which that proposed |
8 | | certification is based. On or before January 1 of each year, |
9 | | beginning January 1, 2013, the State Actuary shall issue a |
10 | | preliminary report concerning the proposed certification and |
11 | | identifying, if necessary, recommended changes in actuarial |
12 | | assumptions that the Board must consider before finalizing its |
13 | | certification of the required State contributions. On or before |
14 | | January 15, 2013 and each January 15 thereafter, the Board |
15 | | shall certify to the Governor and the General Assembly the |
16 | | amount of the required State contribution for the next fiscal |
17 | | year. The Board's certification must note any deviations from |
18 | | the State Actuary's recommended changes, the reason or reasons |
19 | | for not following the State Actuary's recommended changes, and |
20 | | the fiscal impact of not following the State Actuary's |
21 | | recommended changes on the required State contribution. |
22 | | (b) Through State fiscal year 1995, the State contributions |
23 | | shall be
paid to the System in accordance with Section 18-7 of |
24 | | the School Code.
|
25 | | (b-1) Beginning in State fiscal year 1996, on the 15th day |
26 | | of each month,
or as soon thereafter as may be practicable, the |
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1 | | Board shall submit vouchers
for payment of State contributions |
2 | | to the System, in a total monthly amount of
one-twelfth of the |
3 | | required annual State contribution certified under
subsection |
4 | | (a-1).
From the
effective date of this amendatory Act of the |
5 | | 93rd General Assembly
through June 30, 2004, the Board shall |
6 | | not submit vouchers for the
remainder of fiscal year 2004 in |
7 | | excess of the fiscal year 2004
certified contribution amount |
8 | | determined under this Section
after taking into consideration |
9 | | the transfer to the System
under subsection (a) of Section |
10 | | 6z-61 of the State Finance Act.
These vouchers shall be paid by |
11 | | the State Comptroller and
Treasurer by warrants drawn on the |
12 | | funds appropriated to the System for that
fiscal year.
|
13 | | If in any month the amount remaining unexpended from all |
14 | | other appropriations
to the System for the applicable fiscal |
15 | | year (including the appropriations to
the System under Section |
16 | | 8.12 of the State Finance Act and Section 1 of the
State |
17 | | Pension Funds Continuing Appropriation Act) is less than the |
18 | | amount
lawfully vouchered under this subsection, the |
19 | | difference shall be paid from the
Common School Fund under the |
20 | | continuing appropriation authority provided in
Section 1.1 of |
21 | | the State Pension Funds Continuing Appropriation Act.
|
22 | | (b-2) Allocations from the Common School Fund apportioned |
23 | | to school
districts not coming under this System shall not be |
24 | | diminished or affected by
the provisions of this Article.
|
25 | | (b-3) For State fiscal years 2012 through 2045, the minimum |
26 | | contribution
to the System to be made by the State for each |
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1 | | fiscal year shall be an amount
determined by the System to be |
2 | | sufficient to bring the total assets of the
System up to 90% of |
3 | | the total actuarial liabilities of the System by the end of
|
4 | | State fiscal year 2045. In making these determinations, the |
5 | | required State
contribution shall be calculated each year as a |
6 | | level percentage of payroll
over the years remaining to and |
7 | | including fiscal year 2045 and shall be
determined under the |
8 | | projected unit credit actuarial cost method.
|
9 | | For State fiscal years 1996 through 2005, the State |
10 | | contribution to the
System, as a percentage of the applicable |
11 | | employee payroll, shall be increased
in equal annual increments |
12 | | so that by State fiscal year 2011, the State is
contributing at |
13 | | the rate required under this Section; except that in the
|
14 | | following specified State fiscal years, the State contribution |
15 | | to the System
shall not be less than the following indicated |
16 | | percentages of the applicable
employee payroll, even if the |
17 | | indicated percentage will produce a State
contribution in |
18 | | excess of the amount otherwise required under this subsection
|
19 | | and subsection (a), and notwithstanding any contrary |
20 | | certification made under
subsection (a-1) before the effective |
21 | | date of this amendatory Act of 1998:
10.02% in FY 1999;
10.77% |
22 | | in FY 2000;
11.47% in FY 2001;
12.16% in FY 2002;
12.86% in FY |
23 | | 2003; and
13.56% in FY 2004.
|
24 | | Notwithstanding any other provision of this Article, the |
25 | | total required State
contribution for State fiscal year 2006 is |
26 | | $534,627,700.
|
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1 | | Notwithstanding any other provision of this Article, the |
2 | | total required State
contribution for State fiscal year 2007 is |
3 | | $738,014,500.
|
4 | | For each of State fiscal years 2008 through 2009, the State |
5 | | contribution to
the System, as a percentage of the applicable |
6 | | employee payroll, shall be
increased in equal annual increments |
7 | | from the required State contribution for State fiscal year |
8 | | 2007, so that by State fiscal year 2011, the
State is |
9 | | contributing at the rate otherwise required under this Section.
|
10 | | Notwithstanding any other provision of this Article, the |
11 | | total required State contribution for State fiscal year 2010 is |
12 | | $2,089,268,000 and shall be made from the proceeds of bonds |
13 | | sold in fiscal year 2010 pursuant to Section 7.2 of the General |
14 | | Obligation Bond Act, less (i) the pro rata share of bond sale |
15 | | expenses determined by the System's share of total bond |
16 | | proceeds, (ii) any amounts received from the Common School Fund |
17 | | in fiscal year 2010, and (iii) any reduction in bond proceeds |
18 | | due to the issuance of discounted bonds, if applicable. |
19 | | Notwithstanding any other provision of this Article, the
|
20 | | total required State contribution for State fiscal year 2011 is
|
21 | | the amount recertified by the System on or before April 1, 2011 |
22 | | pursuant to subsection (a-1) of this Section and shall be made |
23 | | from the proceeds of bonds
sold in fiscal year 2011 pursuant to |
24 | | Section 7.2 of the General
Obligation Bond Act, less (i) the |
25 | | pro rata share of bond sale
expenses determined by the System's |
26 | | share of total bond
proceeds, (ii) any amounts received from |
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1 | | the Common School Fund
in fiscal year 2011, and (iii) any |
2 | | reduction in bond proceeds
due to the issuance of discounted |
3 | | bonds, if applicable. This amount shall include, in addition to |
4 | | the amount certified by the System, an amount necessary to meet |
5 | | employer contributions required by the State as an employer |
6 | | under paragraph (e) of this Section, which may also be used by |
7 | | the System for contributions required by paragraph (a) of |
8 | | Section 16-127. |
9 | | Beginning in State fiscal year 2046, the minimum State |
10 | | contribution for
each fiscal year shall be the amount needed to |
11 | | maintain the total assets of
the System at 90% of the total |
12 | | actuarial liabilities of the System.
|
13 | | Amounts received by the System pursuant to Section 25 of |
14 | | the Budget Stabilization Act or Section 8.12 of the State |
15 | | Finance Act in any fiscal year do not reduce and do not |
16 | | constitute payment of any portion of the minimum State |
17 | | contribution required under this Article in that fiscal year. |
18 | | Such amounts shall not reduce, and shall not be included in the |
19 | | calculation of, the required State contributions under this |
20 | | Article in any future year until the System has reached a |
21 | | funding ratio of at least 90%. A reference in this Article to |
22 | | the "required State contribution" or any substantially similar |
23 | | term does not include or apply to any amounts payable to the |
24 | | System under Section 25 of the Budget Stabilization Act. |
25 | | Notwithstanding any other provision of this Section, the |
26 | | required State
contribution for State fiscal year 2005 and for |
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1 | | fiscal year 2008 and each fiscal year thereafter, as
calculated |
2 | | under this Section and
certified under subsection (a-1), shall |
3 | | not exceed an amount equal to (i) the
amount of the required |
4 | | State contribution that would have been calculated under
this |
5 | | Section for that fiscal year if the System had not received any |
6 | | payments
under subsection (d) of Section 7.2 of the General |
7 | | Obligation Bond Act, minus
(ii) the portion of the State's |
8 | | total debt service payments for that fiscal
year on the bonds |
9 | | issued in fiscal year 2003 for the purposes of that Section |
10 | | 7.2, as determined
and certified by the Comptroller, that is |
11 | | the same as the System's portion of
the total moneys |
12 | | distributed under subsection (d) of Section 7.2 of the General
|
13 | | Obligation Bond Act. In determining this maximum for State |
14 | | fiscal years 2008 through 2010, however, the amount referred to |
15 | | in item (i) shall be increased, as a percentage of the |
16 | | applicable employee payroll, in equal increments calculated |
17 | | from the sum of the required State contribution for State |
18 | | fiscal year 2007 plus the applicable portion of the State's |
19 | | total debt service payments for fiscal year 2007 on the bonds |
20 | | issued in fiscal year 2003 for the purposes of Section 7.2 of |
21 | | the General
Obligation Bond Act, so that, by State fiscal year |
22 | | 2011, the
State is contributing at the rate otherwise required |
23 | | under this Section.
|
24 | | (c) Payment of the required State contributions and of all |
25 | | pensions,
retirement annuities, death benefits, refunds, and |
26 | | other benefits granted
under or assumed by this System, and all |
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1 | | expenses in connection with the
administration and operation |
2 | | thereof, are obligations of the State.
|
3 | | If members are paid from special trust or federal funds |
4 | | which are
administered by the employing unit, whether school |
5 | | district or other
unit, the employing unit shall pay to the |
6 | | System from such
funds the full accruing retirement costs based |
7 | | upon that
service, as determined by the System. Employer |
8 | | contributions, based on
salary paid to members from federal |
9 | | funds, may be forwarded by the distributing
agency of the State |
10 | | of Illinois to the System prior to allocation, in an
amount |
11 | | determined in accordance with guidelines established by such
|
12 | | agency and the System.
|
13 | | (d) Effective July 1, 1986, any employer of a teacher as |
14 | | defined in
paragraph (8) of Section 16-106 shall pay the |
15 | | employer's normal cost
of benefits based upon the teacher's |
16 | | service, in addition to
employee contributions, as determined |
17 | | by the System. Such employer
contributions shall be forwarded |
18 | | monthly in accordance with guidelines
established by the |
19 | | System.
|
20 | | However, with respect to benefits granted under Section |
21 | | 16-133.4 or
16-133.5 to a teacher as defined in paragraph (8) |
22 | | of Section 16-106, the
employer's contribution shall be 12% |
23 | | (rather than 20%) of the member's
highest annual salary rate |
24 | | for each year of creditable service granted, and
the employer |
25 | | shall also pay the required employee contribution on behalf of
|
26 | | the teacher. For the purposes of Sections 16-133.4 and |
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1 | | 16-133.5, a teacher
as defined in paragraph (8) of Section |
2 | | 16-106 who is serving in that capacity
while on leave of |
3 | | absence from another employer under this Article shall not
be |
4 | | considered an employee of the employer from which the teacher |
5 | | is on leave.
|
6 | | (e) Beginning July 1, 1998, every employer of a teacher
|
7 | | shall pay to the System an employer contribution computed as |
8 | | follows:
|
9 | | (1) Beginning July 1, 1998 through June 30, 1999, the |
10 | | employer
contribution shall be equal to 0.3% of each |
11 | | teacher's salary.
|
12 | | (2) Beginning July 1, 1999 and thereafter, the employer
|
13 | | contribution shall be equal to 0.58% of each teacher's |
14 | | salary.
|
15 | | The school district or other employing unit may pay these |
16 | | employer
contributions out of any source of funding available |
17 | | for that purpose and
shall forward the contributions to the |
18 | | System on the schedule established
for the payment of member |
19 | | contributions.
|
20 | | These employer contributions are intended to offset a |
21 | | portion of the cost
to the System of the increases in |
22 | | retirement benefits resulting from this
amendatory Act of 1998.
|
23 | | Each employer of teachers is entitled to a credit against |
24 | | the contributions
required under this subsection (e) with |
25 | | respect to salaries paid to teachers
for the period January 1, |
26 | | 2002 through June 30, 2003, equal to the amount paid
by that |
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1 | | employer under subsection (a-5) of Section 6.6 of the State |
2 | | Employees
Group Insurance Act of 1971 with respect to salaries |
3 | | paid to teachers for that
period.
|
4 | | The additional 1% employee contribution required under |
5 | | Section 16-152 by
this amendatory Act of 1998 is the |
6 | | responsibility of the teacher and not the
teacher's employer, |
7 | | unless the employer agrees, through collective bargaining
or |
8 | | otherwise, to make the contribution on behalf of the teacher.
|
9 | | If an employer is required by a contract in effect on May |
10 | | 1, 1998 between the
employer and an employee organization to |
11 | | pay, on behalf of all its full-time
employees
covered by this |
12 | | Article, all mandatory employee contributions required under
|
13 | | this Article, then the employer shall be excused from paying |
14 | | the employer
contribution required under this subsection (e) |
15 | | for the balance of the term
of that contract. The employer and |
16 | | the employee organization shall jointly
certify to the System |
17 | | the existence of the contractual requirement, in such
form as |
18 | | the System may prescribe. This exclusion shall cease upon the
|
19 | | termination, extension, or renewal of the contract at any time |
20 | | after May 1,
1998.
|
21 | | (f) If the amount of a teacher's salary for any school year |
22 | | used to determine final average salary exceeds the member's |
23 | | annual full-time salary rate with the same employer for the |
24 | | previous school year by more than 6%, the teacher's employer |
25 | | shall pay to the System, in addition to all other payments |
26 | | required under this Section and in accordance with guidelines |
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1 | | established by the System, the present value of the increase in |
2 | | benefits resulting from the portion of the increase in salary |
3 | | that is in excess of 6%. This present value shall be computed |
4 | | by the System on the basis of the actuarial assumptions and |
5 | | tables used in the most recent actuarial valuation of the |
6 | | System that is available at the time of the computation. If a |
7 | | teacher's salary for the 2005-2006 school year is used to |
8 | | determine final average salary under this subsection (f), then |
9 | | the changes made to this subsection (f) by Public Act 94-1057 |
10 | | shall apply in calculating whether the increase in his or her |
11 | | salary is in excess of 6%. For the purposes of this Section, |
12 | | change in employment under Section 10-21.12 of the School Code |
13 | | on or after June 1, 2005 shall constitute a change in employer. |
14 | | The System may require the employer to provide any pertinent |
15 | | information or documentation.
The changes made to this |
16 | | subsection (f) by this amendatory Act of the 94th General |
17 | | Assembly apply without regard to whether the teacher was in |
18 | | service on or after its effective date.
|
19 | | Whenever it determines that a payment is or may be required |
20 | | under this subsection, the System shall calculate the amount of |
21 | | the payment and bill the employer for that amount. The bill |
22 | | shall specify the calculations used to determine the amount |
23 | | due. If the employer disputes the amount of the bill, it may, |
24 | | within 30 days after receipt of the bill, apply to the System |
25 | | in writing for a recalculation. The application must specify in |
26 | | detail the grounds of the dispute and, if the employer asserts |
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1 | | that the calculation is subject to subsection (g) or (h) of |
2 | | this Section, must include an affidavit setting forth and |
3 | | attesting to all facts within the employer's knowledge that are |
4 | | pertinent to the applicability of that subsection. Upon |
5 | | receiving a timely application for recalculation, the System |
6 | | shall review the application and, if appropriate, recalculate |
7 | | the amount due.
|
8 | | The employer contributions required under this subsection |
9 | | (f) may be paid in the form of a lump sum within 90 days after |
10 | | receipt of the bill. If the employer contributions are not paid |
11 | | within 90 days after receipt of the bill, then interest will be |
12 | | charged at a rate equal to the System's annual actuarially |
13 | | assumed rate of return on investment compounded annually from |
14 | | the 91st day after receipt of the bill. Payments must be |
15 | | concluded within 3 years after the employer's receipt of the |
16 | | bill.
|
17 | | (g) This subsection (g) applies only to payments made or |
18 | | salary increases given on or after June 1, 2005 but before July |
19 | | 1, 2011. The changes made by Public Act 94-1057 shall not |
20 | | require the System to refund any payments received before
July |
21 | | 31, 2006 (the effective date of Public Act 94-1057). |
22 | | When assessing payment for any amount due under subsection |
23 | | (f), the System shall exclude salary increases paid to teachers |
24 | | under contracts or collective bargaining agreements entered |
25 | | into, amended, or renewed before June 1, 2005.
|
26 | | When assessing payment for any amount due under subsection |
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1 | | (f), the System shall exclude salary increases paid to a |
2 | | teacher at a time when the teacher is 10 or more years from |
3 | | retirement eligibility under Section 16-132 or 16-133.2.
|
4 | | When assessing payment for any amount due under subsection |
5 | | (f), the System shall exclude salary increases resulting from |
6 | | overload work, including summer school, when the school |
7 | | district has certified to the System, and the System has |
8 | | approved the certification, that (i) the overload work is for |
9 | | the sole purpose of classroom instruction in excess of the |
10 | | standard number of classes for a full-time teacher in a school |
11 | | district during a school year and (ii) the salary increases are |
12 | | equal to or less than the rate of pay for classroom instruction |
13 | | computed on the teacher's current salary and work schedule.
|
14 | | When assessing payment for any amount due under subsection |
15 | | (f), the System shall exclude a salary increase resulting from |
16 | | a promotion (i) for which the employee is required to hold a |
17 | | certificate or supervisory endorsement issued by the State |
18 | | Teacher Certification Board that is a different certification |
19 | | or supervisory endorsement than is required for the teacher's |
20 | | previous position and (ii) to a position that has existed and |
21 | | been filled by a member for no less than one complete academic |
22 | | year and the salary increase from the promotion is an increase |
23 | | that results in an amount no greater than the lesser of the |
24 | | average salary paid for other similar positions in the district |
25 | | requiring the same certification or the amount stipulated in |
26 | | the collective bargaining agreement for a similar position |
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1 | | requiring the same certification.
|
2 | | When assessing payment for any amount due under subsection |
3 | | (f), the System shall exclude any payment to the teacher from |
4 | | the State of Illinois or the State Board of Education over |
5 | | which the employer does not have discretion, notwithstanding |
6 | | that the payment is included in the computation of final |
7 | | average salary.
|
8 | | (h) When assessing payment for any amount due under |
9 | | subsection (f), the System shall exclude any salary increase |
10 | | described in subsection (g) of this Section given on or after |
11 | | July 1, 2011 but before July 1, 2014 under a contract or |
12 | | collective bargaining agreement entered into, amended, or |
13 | | renewed on or after June 1, 2005 but before July 1, 2011. |
14 | | Notwithstanding any other provision of this Section, any |
15 | | payments made or salary increases given after June 30, 2014 |
16 | | shall be used in assessing payment for any amount due under |
17 | | subsection (f) of this Section.
|
18 | | (i) The System shall prepare a report and file copies of |
19 | | the report with the Governor and the General Assembly by |
20 | | January 1, 2007 that contains all of the following information: |
21 | | (1) The number of recalculations required by the |
22 | | changes made to this Section by Public Act 94-1057 for each |
23 | | employer. |
24 | | (2) The dollar amount by which each employer's |
25 | | contribution to the System was changed due to |
26 | | recalculations required by Public Act 94-1057. |
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1 | | (3) The total amount the System received from each |
2 | | employer as a result of the changes made to this Section by |
3 | | Public Act 94-4. |
4 | | (4) The increase in the required State contribution |
5 | | resulting from the changes made to this Section by Public |
6 | | Act 94-1057.
|
7 | | (j) For purposes of determining the required State |
8 | | contribution to the System, the value of the System's assets |
9 | | shall be equal to the actuarial value of the System's assets, |
10 | | which shall be calculated as follows: |
11 | | As of June 30, 2008, the actuarial value of the System's |
12 | | assets shall be equal to the market value of the assets as of |
13 | | that date. In determining the actuarial value of the System's |
14 | | assets for fiscal years after June 30, 2008, any actuarial |
15 | | gains or losses from investment return incurred in a fiscal |
16 | | year shall be recognized in equal annual amounts over the |
17 | | 5-year period following that fiscal year. |
18 | | (k) For purposes of determining the required State |
19 | | contribution to the system for a particular year, the actuarial |
20 | | value of assets shall be assumed to earn a rate of return equal |
21 | | to the system's actuarially assumed rate of return. |
22 | | (Source: P.A. 95-331, eff. 8-21-07; 95-950, eff. 8-29-08; |
23 | | 96-43, eff. 7-15-09; 96-1497, eff. 1-14-11; 96-1511, eff. |
24 | | 1-27-11; 96-1554, eff. 3-18-11; revised 4-6-11.)
|
25 | | (40 ILCS 5/18-140)
(from Ch. 108 1/2, par. 18-140)
|
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1 | | Sec. 18-140. To certify required State contributions and |
2 | | submit vouchers.
|
3 | | (a) The Board shall certify to the Governor, on or before |
4 | | November 15 of
each year until November 15, 2011 , the amount of |
5 | | the required State contribution to the System for the
following |
6 | | fiscal year and shall specifically identify the System's |
7 | | projected State normal cost for that fiscal year . The |
8 | | certification shall include a copy of the actuarial
|
9 | | recommendations upon which it is based and shall specifically |
10 | | identify the System's projected State normal cost for that |
11 | | fiscal year .
|
12 | | On or before November 1 of each year, beginning November 1, |
13 | | 2012, the Board shall submit to the State Actuary, the |
14 | | Governor, and the General Assembly a proposed certification of |
15 | | the amount of the required State contribution to the System for |
16 | | the next fiscal year, along with all of the actuarial |
17 | | assumptions, calculations, and data upon which that proposed |
18 | | certification is based. On or before January 1 of each year |
19 | | beginning January 1, 2013, the State Actuary shall issue a |
20 | | preliminary report concerning the proposed certification and |
21 | | identifying, if necessary, recommended changes in actuarial |
22 | | assumptions that the Board must consider before finalizing its |
23 | | certification of the required State contributions. On or before |
24 | | January 15, 2013 and every January 15 thereafter, the Board |
25 | | shall certify to the Governor and the General Assembly the |
26 | | amount of the required State contribution for the next fiscal |
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1 | | year. The Board's certification must note any deviations from |
2 | | the State Actuary's recommended changes, the reason or reasons |
3 | | for not following the State Actuary's recommended changes, and |
4 | | the fiscal impact of not following the State Actuary's |
5 | | recommended changes on the required State contribution. |
6 | | On or before May 1, 2004, the Board shall recalculate and |
7 | | recertify to
the Governor the amount of the required State |
8 | | contribution to the System for
State fiscal year 2005, taking |
9 | | into account the amounts appropriated to and
received by the |
10 | | System under subsection (d) of Section 7.2 of the General
|
11 | | Obligation Bond Act.
|
12 | | On or before July 1, 2005, the Board shall recalculate and |
13 | | recertify
to the Governor the amount of the required State
|
14 | | contribution to the System for State fiscal year 2006, taking |
15 | | into account the changes in required State contributions made |
16 | | by this amendatory Act of the 94th General Assembly.
|
17 | | On or before April 1, 2011, the Board shall recalculate and |
18 | | recertify to the Governor the amount of the required State |
19 | | contribution to the System for State fiscal year 2011, applying |
20 | | the changes made by Public Act 96-889 to the System's assets |
21 | | and liabilities as of June 30, 2009 as though Public Act 96-889 |
22 | | was approved on that date. |
23 | | (b) Beginning in State fiscal year 1996, on or as soon as |
24 | | possible after
the 15th day of each month the Board shall |
25 | | submit vouchers for payment of State
contributions to the |
26 | | System, in a total monthly amount of one-twelfth of the
|
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1 | | required annual State contribution certified under subsection |
2 | | (a).
From the effective date of this amendatory Act
of the 93rd |
3 | | General Assembly through June 30, 2004, the Board shall not
|
4 | | submit vouchers for the remainder of fiscal year 2004 in excess |
5 | | of the
fiscal year 2004 certified contribution amount |
6 | | determined
under this Section after taking into consideration |
7 | | the transfer to the
System under subsection (c) of Section |
8 | | 6z-61 of the State Finance Act.
These
vouchers shall be paid by |
9 | | the State Comptroller and Treasurer by warrants drawn
on the |
10 | | funds appropriated to the System for that fiscal year.
|
11 | | If in any month the amount remaining unexpended from all |
12 | | other
appropriations to the System for the applicable fiscal |
13 | | year (including the
appropriations to the System under Section |
14 | | 8.12 of the State Finance Act and
Section 1 of the State |
15 | | Pension Funds Continuing Appropriation Act) is less than
the |
16 | | amount lawfully vouchered under this Section, the difference |
17 | | shall be paid
from the General Revenue Fund under the |
18 | | continuing appropriation authority
provided in Section 1.1 of |
19 | | the State Pension Funds Continuing Appropriation
Act.
|
20 | | (Source: P.A. 96-1497, eff. 1-14-11; 96-1511, eff. 1-27-11.)
|
21 | | Section 35. The School Code is amended by changing Sections |
22 | | 24-1 and 24-8 as follows:
|
23 | | (105 ILCS 5/24-1) (from Ch. 122, par. 24-1)
|
24 | | Sec. 24-1. Appointment - Salaries - Payment - School month - |
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1 | | School term. )
School boards shall appoint all teachers, |
2 | | determine qualifications of
employment
and fix the amount of |
3 | | their
salaries subject to any limitation set forth in this Act |
4 | | and subject to any applicable restrictions in Section 14-106.5 |
5 | | of the Illinois Pension Code . They shall pay
the wages of |
6 | | teachers monthly, subject, however, to the provisions of
|
7 | | Section 24-21. The school month shall be the same as the |
8 | | calendar month
but by resolution the school board may adopt for |
9 | | its use a month of 20
days, including holidays. The school term |
10 | | shall consist of at least the
minimum number of pupil |
11 | | attendance days required by Section 10-19, any
additional legal |
12 | | school holidays, days of teachers' institutes, or
equivalent |
13 | | professional educational experiences, and one or two days at
|
14 | | the beginning of the school term when used as a teachers' |
15 | | workshop.
|
16 | | (Source: P.A. 80-249 .)
|
17 | | (105 ILCS 5/24-8) (from Ch. 122, par. 24-8)
|
18 | | Sec. 24-8. Minimum salary. In fixing the salaries of |
19 | | teachers, school boards shall pay those who
serve on a |
20 | | full-time basis not less than a rate for the school year that
|
21 | | is based upon training completed in a recognized institution of |
22 | | higher
learning, as follows: for the school year beginning July |
23 | | 1, 1980 and
thereafter, less than a bachelor's degree, $9,000; |
24 | | 120 semester hours or
more and a bachelor's degree, $10,000; |
25 | | 150 semester hours or more and a
master's degree, $11,000.
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1 | | Based upon previous public school
experience in this State |
2 | | or any other State, territory, dependency or
possession of the |
3 | | United States, or in schools operated by or under the
auspices |
4 | | of the United States, teachers who serve on a full-time basis
|
5 | | shall have their salaries increased to at least the following |
6 | | amounts
above the starting salary for a teacher in such |
7 | | district in the same
classification: with less than a |
8 | | bachelor's degree, $750 after 5 years;
with 120 semester hours |
9 | | or more and a bachelor's degree, $1,000 after 5
years and |
10 | | $1,600 after 8 years; with 150 semester hours or more and a |
11 | | master's
degree, $1,250 after 5 years, $2,000 after 8 years and |
12 | | $2,750 after 13 years. However, any salary increase is subject |
13 | | to any applicable restrictions in Section 14-106.5 of the |
14 | | Illinois Pension Code.
|
15 | | For the purpose of this Section a teacher's salary shall |
16 | | include any amount
paid by the school district on behalf of the |
17 | | teacher, as teacher contributions,
to the Teachers' Retirement |
18 | | System of the State of Illinois.
|
19 | | If a school board establishes a schedule for teachers' |
20 | | salaries based
on education and experience, not inconsistent |
21 | | with this Section, all certificated
nurses employed by that |
22 | | board shall be paid in accordance with the provisions
of such |
23 | | schedule (subject to any applicable restrictions in Section |
24 | | 14-106.5 of the Illinois Pension Code) .
|
25 | | For purposes of this Section, a teacher who submits a |
26 | | certificate of
completion to the school office prior to the |
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1 | | first day of the school
term shall be considered to have the |
2 | | degree stated in such certificate.
|
3 | | (Source: P.A. 83-913.)
|
4 | | Section 40. The State Universities Civil Service Act is |
5 | | amended by changing Section 36d as follows:
|
6 | | (110 ILCS 70/36d) (from Ch. 24 1/2, par. 38b3)
|
7 | | Sec. 36d. Powers and duties of the Merit Board.
|
8 | | The Merit Board shall have the power and duty-
|
9 | | (1) To approve a classification plan prepared under its |
10 | | direction,
assigning to each class positions of substantially |
11 | | similar duties. The
Merit Board shall have power to delegate to |
12 | | its Director the duty of
assigning each position in the |
13 | | classified service to the appropriate
class in the |
14 | | classification plan approved by the Merit Board.
|
15 | | (2) To prescribe the duties of each class of positions and |
16 | | the
qualifications required by employment in that class.
|
17 | | (3) To prescribe the range of compensation for each class |
18 | | or to fix
a single rate of compensation for employees in a |
19 | | particular class; and
to establish other conditions of |
20 | | employment which an employer and
employee representatives have |
21 | | agreed upon as fair and equitable. The
Merit Board shall direct |
22 | | the payment of the "prevailing rate of wages"
in those |
23 | | classifications in which, on January 1, 1952, any employer is
|
24 | | paying such prevailing rate and in such other classes as the |
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1 | | Merit Board
may thereafter determine. "Prevailing rate of |
2 | | wages" as used herein
shall be the wages paid generally in the |
3 | | locality in which the work is
being performed to employees |
4 | | engaged in work of a similar character. Subject to any |
5 | | applicable restrictions in Section 14-106.5 of the Illinois |
6 | | Pension Code, each
Each employer covered by the University |
7 | | System shall be authorized to
negotiate with representatives of |
8 | | employees to determine appropriate
ranges or rates of |
9 | | compensation or other conditions of employment and
may |
10 | | recommend to the Merit Board for establishment the rates or |
11 | | ranges
or other conditions of employment which the employer and |
12 | | employee
representatives have agreed upon as fair and |
13 | | equitable. Any rates or
ranges established prior to January 1, |
14 | | 1952, and hereafter, shall not be
changed except in accordance |
15 | | with the procedures herein provided.
|
16 | | (4) To recommend to the institutions and agencies specified |
17 | | in
Section 36e standards for hours of work, holidays, sick |
18 | | leave, overtime
compensation and vacation for the purpose of |
19 | | improving conditions of
employment covered therein and for the |
20 | | purpose of insuring conformity
with the prevailing rate |
21 | | principal.
|
22 | | (5) To prescribe standards of examination for each class, |
23 | | the
examinations to be related to the duties of such class. The |
24 | | Merit Board
shall have power to delegate to the Director and |
25 | | his staff the
preparation, conduct and grading of examinations. |
26 | | Examinations may be
written, oral, by statement of training and |
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1 | | experience, in the form of
tests of knowledge, skill, capacity, |
2 | | intellect, aptitude; or, by any
other method, which in the |
3 | | judgment of the Merit Board is reasonable and
practical for any |
4 | | particular classification. Different examining
procedures may |
5 | | be determined for the examinations in different
|
6 | | classifications but all examinations in the same |
7 | | classification shall be
uniform.
|
8 | | (6) To authorize the continuous recruitment of personnel |
9 | | and to that
end, to delegate to the Director and his staff the |
10 | | power and the duty to
conduct open and continuous competitive |
11 | | examinations for all
classifications of employment.
|
12 | | (7) To cause to be established from the results of |
13 | | examinations
registers for each class of positions in the |
14 | | classified service of the
State Universities Civil Service |
15 | | System, of the persons who shall
attain the minimum mark fixed |
16 | | by the Merit Board for the examination;
and such persons shall |
17 | | take rank upon the registers as candidates in the
order of |
18 | | their relative excellence as determined by examination, |
19 | | without
reference to priority of time of examination.
|
20 | | (8) To provide by its rules for promotions in the |
21 | | classified
service. Vacancies shall be filled by promotion |
22 | | whenever practicable.
For the purpose of this paragraph, an |
23 | | advancement in class shall
constitute a promotion.
|
24 | | (9) To set a probationary period of employment of no less |
25 | | than 6 months
and no longer than 12 months for each class of |
26 | | positions in the classification
plan, the length of the |
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1 | | probationary period for each class to be determined
by the |
2 | | Director.
|
3 | | (10) To provide by its rules for employment at regular |
4 | | rates of
compensation of physically handicapped persons in |
5 | | positions in which the
handicap does not prevent the individual |
6 | | from furnishing satisfactory
service.
|
7 | | (11) To make and publish rules, to carry out the purpose of |
8 | | the
State Universities Civil Service System and for |
9 | | examination, appointments,
transfers and removals and for |
10 | | maintaining and keeping records of the
efficiency of officers |
11 | | and employees and groups of officers and
employees in |
12 | | accordance with the provisions of Sections 36b to 36q,
|
13 | | inclusive, and said Merit Board may from time to time make |
14 | | changes in
such rules.
|
15 | | (12) To appoint a Director and such assistants and other |
16 | | clerical
and technical help as may be necessary efficiently to |
17 | | administer
Sections 36b to 36q, inclusive. To authorize the |
18 | | Director to appoint an
assistant resident at the place of |
19 | | employment of each employer specified
in Section 36e and this |
20 | | assistant may be authorized to give examinations
and to certify |
21 | | names from the regional registers provided in Section
36k.
|
22 | | (13) To submit to the Governor of this state on or before |
23 | | November 1
of each year prior to the regular session of the |
24 | | General Assembly a
report of the University System's business |
25 | | and an estimate of the amount
of appropriation from state funds |
26 | | required for the purpose of
administering the University |
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1 | | System.
|
2 | | (Source: P.A. 82-524.)
|
3 | | Section 45. The University of Illinois Act is amended by |
4 | | adding Section 80 as follows: |
5 | | (110 ILCS 305/80 new) |
6 | | Sec. 80. Future increases in income. The University of |
7 | | Illinois must not pay, offer, or agree to pay any future |
8 | | increase in income, as that term is defined in Section 14-106.5 |
9 | | of the Illinois Pension Code, to any person in a manner that |
10 | | violates any of those Sections. |
11 | | Section 50. The Southern Illinois University Management |
12 | | Act is amended by adding Section 65 as follows: |
13 | | (110 ILCS 520/65 new) |
14 | | Sec. 65. Future increases in income. Southern Illinois |
15 | | University must not pay, offer, or agree to pay any future |
16 | | increase in income, as that term is defined in Section 14-106.5 |
17 | | of the Illinois Pension Code, to any person in a manner that |
18 | | violates any of those Sections. |
19 | | Section 55. The Chicago State University Law is amended by |
20 | | adding Section 5-175 as follows: |
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1 | | (110 ILCS 660/5-175 new) |
2 | | Sec. 5-175. Future increases in income. Chicago State |
3 | | University must not pay, offer, or agree to pay any future |
4 | | increase in income, as that term is defined in Section 14-106.5 |
5 | | of the Illinois Pension Code, to any person in a manner that |
6 | | violates any of those Sections. |
7 | | Section 60. The Eastern Illinois University Law is amended |
8 | | by adding Section 10-175 as follows: |
9 | | (110 ILCS 665/10-175 new) |
10 | | Sec. 10-175. Future increases in income. Eastern Illinois |
11 | | University must not pay, offer, or agree to pay any future |
12 | | increase in income, as that term is defined in Section 14-106.5 |
13 | | of the Illinois Pension Code, to any person in a manner that |
14 | | violates any of those Sections. |
15 | | Section 65. The Governors State University Law is amended |
16 | | by adding Section 15-175 as follows: |
17 | | (110 ILCS 670/15-175 new) |
18 | | Sec. 15-175. Future increases in income. Governors State |
19 | | University must not pay, offer, or agree to pay any future |
20 | | increase in income, as that term is defined in Section 14-106.5 |
21 | | of the Illinois Pension Code, to any person in a manner that |
22 | | violates any of those Sections. |
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1 | | Section 70. The Illinois State University Law is amended by |
2 | | adding Section 20-180 as follows: |
3 | | (110 ILCS 675/20-180 new) |
4 | | Sec. 20-180. Future increases in income. Illinois State |
5 | | University must not pay, offer, or agree to pay any future |
6 | | increase in income, as that term is defined in Section 14-106.5 |
7 | | of the Illinois Pension Code, to any person in a manner that |
8 | | violates any of those Sections. |
9 | | Section 75. The Northeastern Illinois University Law is |
10 | | amended by adding Section 25-175 as follows: |
11 | | (110 ILCS 680/25-175 new) |
12 | | Sec. 25-175. Future increases in income. Northeastern |
13 | | Illinois University must not pay, offer, or agree to pay any |
14 | | future increase in income, as that term is defined in Section |
15 | | 14-106.5 of the Illinois Pension Code, to any person in a |
16 | | manner that violates any of those Sections. |
17 | | Section 80. The Northern Illinois University Law is amended |
18 | | by adding Section 30-185 as follows: |
19 | | (110 ILCS 685/30-185 new) |
20 | | Sec. 30-185. Future increases in income. Northern Illinois |
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1 | | University must not pay, offer, or agree to pay any future |
2 | | increase in income, as that term is defined in Section 14-106.5 |
3 | | of the Illinois Pension Code, to any person in a manner that |
4 | | violates any of those Sections. |
5 | | Section 85. The Western Illinois University Law is amended |
6 | | by adding Section 35-180 as follows: |
7 | | (110 ILCS 690/35-180 new) |
8 | | Sec. 35-180. Future increases in income. Western Illinois |
9 | | University must not pay, offer, or agree to pay any future |
10 | | increase in income, as that term is defined in Section 14-106.5 |
11 | | of the Illinois Pension Code, to any person in a manner that |
12 | | violates any of those Sections. |
13 | | Section 90. The Public Community College Act is amended by |
14 | | changing Sections 3-26 and 3-42 as follows:
|
15 | | (110 ILCS 805/3-26) (from Ch. 122, par. 103-26)
|
16 | | Sec. 3-26.
(a) To make appointments and fix the salaries of |
17 | | a
chief administrative officer, who shall be the executive
|
18 | | officer of the board, other administrative personnel , and all |
19 | | teachers , but subject to any applicable restrictions in Section |
20 | | 14-106.5 of the Illinois Pension Code .
In making these |
21 | | appointments and fixing the salaries, the board may
make no |
22 | | discrimination on account of sex, race, creed, color or |
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1 | | national origin.
|
2 | | (b) Upon the written request of an employee, to
withhold |
3 | | from the compensation of that employee the membership
dues of |
4 | | such employee
payable to any specified labor organization
as |
5 | | defined in the Illinois Educational Labor Relations Act. Under |
6 | | such
arrangement, an amount shall be withheld for each regular |
7 | | payroll period
which is equal to the prorata share of the |
8 | | annual membership dues plus
any payments or contributions and |
9 | | the
board shall pay such withholding to the specified labor |
10 | | organization
within 10 working days from the time of the |
11 | | withholding.
|
12 | | (Source: P.A. 83-1014.)
|
13 | | (110 ILCS 805/3-42) (from Ch. 122, par. 103-42)
|
14 | | Sec. 3-42.
To employ such personnel as may be needed, to |
15 | | establish policies
governing their employment and dismissal, |
16 | | and to fix the amount of their
compensation , subject to any |
17 | | applicable restrictions in Section 14-106.5 of the Illinois |
18 | | Pension Code . In the employment, establishment of policies and |
19 | | fixing of
compensation the board may make no discrimination on |
20 | | account of sex, race,
creed, color or national origin.
|
21 | | Residence within any community college district or outside |
22 | | any community
college district shall not be considered:
|
23 | | (a) in determining whether to retain or not retain any |
24 | | employee of a community
college employed prior to July 1, |
25 | | 1977 or prior to the adoption by the community
college |
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1 | | board of a resolution making residency within the community |
2 | | college
district of some or all employees a condition of |
3 | | employment, whichever is later;
|
4 | | (b) in assigning, promoting or transferring any |
5 | | employee of a community
college to an office or position |
6 | | employed prior to July 1, 1977 or prior
to the adoption by |
7 | | the community college board of a resolution making |
8 | | residency
within the community college district of some or |
9 | | all employees a condition
of employment, whichever is |
10 | | later; or
|
11 | | (c) in determining the salary or other compensation of |
12 | | any employee of
a community college.
|
13 | | (Source: P.A. 80-248.)
|
14 | | Section 95. The Illinois Educational Labor Relations Act is |
15 | | amended by changing Sections 4 and 17 as follows:
|
16 | | (115 ILCS 5/4) (from Ch. 48, par. 1704)
|
17 | | Sec. 4. Employer rights. Employers shall not be required to |
18 | | bargain over matters of inherent
managerial policy, which shall |
19 | | include such areas of discretion or policy
as the functions of |
20 | | the employer, standards of services, its overall
budget, the |
21 | | organizational structure and selection of new employees and
|
22 | | direction of employees. Employers, however, shall be required |
23 | | to bargain
collectively with regard to policy matters directly |
24 | | affecting wages (but subject to any applicable restrictions in |
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1 | | Section 14-106.5 of the Illinois Pension Code) , hours
and terms |
2 | | and conditions of employment as well as the impact thereon upon
|
3 | | request by employee representatives , but excluding the |
4 | | changes, the impact of changes, and the implementation of the |
5 | | changes set forth in this amendatory Act of the 97th General |
6 | | Assembly . To preserve the rights of employers
and exclusive |
7 | | representatives which have established collective bargaining
|
8 | | relationships or negotiated collective bargaining agreements |
9 | | prior to the
effective date of this Act, employers shall be |
10 | | required to bargain
collectively with regard to any matter |
11 | | concerning wages (but subject to subject to any applicable |
12 | | restrictions in Section 14-106.5 of the Illinois Pension Code) , |
13 | | hours or
conditions of employment about which they have |
14 | | bargained for and agreed to
in a collective bargaining |
15 | | agreement prior to the effective date of this Act , but |
16 | | excluding the changes, the impact of changes, and the |
17 | | implementation of the changes set forth in this amendatory Act |
18 | | of the 97th General Assembly .
|
19 | | (Source: P.A. 83-1014.)
|
20 | | (115 ILCS 5/17) (from Ch. 48, par. 1717)
|
21 | | Sec. 17. Effect on other laws. In case of any conflict |
22 | | between the
provisions of this Act and any other law (other |
23 | | than Section 14-106.5 of the Illinois Pension Code) , executive |
24 | | order or administrative
regulation, the provisions of this Act |
25 | | shall prevail and control.
The provisions of this Act are |
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1 | | subject to any applicable restrictions in Section 14-106.5 of |
2 | | the Illinois Pension Code, as well as the changes, impact of |
3 | | changes, and implementation of changes set forth in this |
4 | | amendatory Act of the 97th General Assembly. Nothing in this |
5 | | Act shall be construed to replace or diminish the rights
of |
6 | | employees established by Section 36d of "An Act to create the |
7 | | State Universities
Civil Service System", approved May 11, |
8 | | 1905, as amended or modified.
|
9 | | (Source: P.A. 83-1014.)
|
10 | | Section 100. The State Mandates Act is amended by adding |
11 | | Section 8.36 as follows: |
12 | | (30 ILCS 805/8.36 new) |
13 | | Sec. 8.36. Exempt mandate. Notwithstanding Sections 6 and 8 |
14 | | of this Act, no reimbursement by the State is required for the |
15 | | implementation of any mandate created by this amendatory Act of |
16 | | the 97th General Assembly. |
17 | | Section 105. Severability and inseverability. The |
18 | | provisions set forth in Sections 5, 15, 20, 25, 35 through 100, |
19 | | and 999 of this Act, as well as Sections 2-134, 7-109, |
20 | | 14-135.08, and 18-140 and subsection (a-5) of Section 16-158 of |
21 | | the Illinois Pension Code, as set forth in Section 30 of this |
22 | | Act, are severable pursuant to Section 1.31 of the Statute on |
23 | | Statutes, and are not mutually dependent upon the provisions |