Full Text of HB6292 99th General Assembly
HB6292ham001 99TH GENERAL ASSEMBLY | Rep. Elaine Nekritz Filed: 2/29/2016
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| 1 | | AMENDMENT TO HOUSE BILL 6292
| 2 | | AMENDMENT NO. ______. Amend House Bill 6292 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Pension Code is amended by adding | 5 | | Section 9-108.3 and by changing Sections 9-158, 9-159, 9-169, | 6 | | and 9-179.2 as follows: | 7 | | (40 ILCS 5/9-108.3 new) | 8 | | Sec. 9-108.3. In service. | 9 | | "In service": Any period during which contributions are | 10 | | being made to the Fund on behalf of an employee.
| 11 | | (40 ILCS 5/9-158) (from Ch. 108 1/2, par. 9-158)
| 12 | | Sec. 9-158. Proof of disability, duty and ordinary. Proof | 13 | | of duty or ordinary disability shall be furnished to the board | 14 | | by
at least one licensed and practicing physician appointed by | 15 | | the board , except that this requirement may be waived by the |
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| 1 | | board for proof of duty disability if the employee has been | 2 | | compensated by the county for such disability or specific loss | 3 | | under the Workers' Compensation Act or Workers' Occupational | 4 | | Diseases Act. The physician requirement may also be waived by | 5 | | the board for ordinary disability maternity claims of up to 8 | 6 | | weeks . With respect to duty disability, satisfactory proof must | 7 | | be provided to the board that the final adjudication of the | 8 | | claim required under subsection (d) of Section 9-159 | 9 | | established that the disability or death resulted from an | 10 | | injury incurred in the performance of an act or acts of duty. | 11 | | The
board may require other evidence of disability. Each | 12 | | disabled employee who
receives duty or ordinary disability | 13 | | benefit shall be examined at least
once a year by one or more | 14 | | licensed and practicing physicians appointed by
the board. When | 15 | | the disability ceases, the board shall discontinue payment
of | 16 | | the benefit and the employee shall be returned to active | 17 | | service .
| 18 | | (Source: P.A. 95-1036, eff. 2-17-09.)
| 19 | | (40 ILCS 5/9-159) (from Ch. 108 1/2, par. 9-159)
| 20 | | Sec. 9-159. When disability benefit not payable. | 21 | | (a) If an employee receiving duty disability or ordinary | 22 | | disability
benefit refuses to submit to examination by a | 23 | | physician appointed by the
board, he shall have no further | 24 | | right to receive the benefit.
| 25 | | (b) Disability benefit shall not be paid for any time for |
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| 1 | | which the
employee receives any part of his salary, or while | 2 | | employed by any
public body supported in whole or in part by | 3 | | taxation.
| 4 | | (c) If an employee who shall be disabled, or his widow or | 5 | | children
receive any compensation or payment from the county | 6 | | for specific loss,
disability or death under the Workers' | 7 | | Compensation Act or Workers'
Occupational Diseases Act, the | 8 | | disability benefit or any annuity for him
or his widow or | 9 | | children payable as the result of such specific loss,
| 10 | | disability or death shall be reduced by any amount so received | 11 | | or
recoverable. If the amount received as such compensation or | 12 | | payment
exceeds such disability benefit or other annuity | 13 | | payable as the result
of such specific loss, disability or | 14 | | death, no payment of disability
benefit or other annuity shall | 15 | | be made until the accumulative amounts
thereof equals the | 16 | | amount of such compensation or payment. In such
calculation no | 17 | | interest shall be considered. In adjusting the amount of
any | 18 | | annuity in relation to compensation received or recoverable | 19 | | during
any period of time, the annuity to the widow shall be | 20 | | first reduced.
| 21 | | If any employee, or widow shall be denied compensation by | 22 | | such county
under the aforesaid Acts, or if such county shall | 23 | | fail to act, such
denial or failure to act shall not be | 24 | | considered final until the claim
has been adjudicated by the | 25 | | Illinois Workers' Compensation Commission.
| 26 | | (d) Before any action may be taken by the board on an |
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| 1 | | application for duty disability benefit or widow's | 2 | | compensation or supplemental benefit, other than rejection of | 3 | | any such application that is otherwise incomplete or untimely, | 4 | | the related applicant must file a timely claim under the | 5 | | Workers' Compensation Act or the Workers' Occupational | 6 | | Diseases Act, as applicable, to establish that the disability | 7 | | or death resulted from an injury incurred in the performance of | 8 | | an act or acts of duty, and the applicant must receive | 9 | | compensation or payment from the claim or the claim must | 10 | | otherwise be finally adjudicated. | 11 | | (e) An employee who enters service after December 31, 2016 | 12 | | and who, while in receipt of an ordinary or duty disability | 13 | | benefit, assumes any employment for compensation shall not be | 14 | | entitled to receive any amount of such disability benefit | 15 | | which, when added to his compensation for such employment | 16 | | during disability, plus any amount payable under the provisions | 17 | | of the Workers' Compensation Act or Workers' Occupational | 18 | | Diseases Act, would exceed the rate of salary on which his | 19 | | disability benefit is based. | 20 | | (Source: P.A. 95-1036, eff. 2-17-09.)
| 21 | | (40 ILCS 5/9-169) (from Ch. 108 1/2, par. 9-169)
| 22 | | Sec. 9-169. Financing - Tax levy. | 23 | | (a) The county board shall levy a
tax annually upon all | 24 | | taxable property in the county at the rate that
will produce a | 25 | | sum which, when added to the amounts deducted from the salaries
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| 1 | | of the employees or otherwise contributed by them is sufficient
| 2 | | for the requirements of this Article.
| 3 | | For the years before 1962 the tax rate shall be as provided | 4 | | in "The
1925 Act". For the years 1962 and 1963 the tax rate | 5 | | shall be not more
than .0200 per cent; for the years 1964 and | 6 | | 1965 the tax rate shall be
not more than .0202 per cent; for | 7 | | the years 1966 and 1967 the tax rate
shall be not more than | 8 | | .0207 per cent; for the year 1968 the tax rate
shall be not | 9 | | more than .0220 per cent; for the year 1969 the tax rate
shall | 10 | | be not more than .0233 per cent; for the year 1970 the tax rate
| 11 | | shall be not more than .0255 per cent; for the year 1971 the | 12 | | tax rate
shall be not more than .0268 per cent of the value, as | 13 | | equalized or
assessed by the Department of Revenue upon all | 14 | | taxable
property in the county. Beginning with the year 1972 | 15 | | and for each year
thereafter the county shall levy a tax | 16 | | annually at a rate on the dollar
of the value, as equalized or | 17 | | assessed by the Department of Revenue
of all taxable property | 18 | | within the county that will
produce, when extended, not to | 19 | | exceed an amount equal to the total
amount of contributions | 20 | | made by the employees to the
fund in the calendar year 2 years | 21 | | prior to the year for which the annual
applicable tax is levied | 22 | | multiplied by .8 for the years 1972 through
1976; by .8 for the | 23 | | year 1977; by .87 for the year 1978; by .94 for the
year 1979; | 24 | | by 1.02 for the year 1980 and by 1.10 for the year 1981 and
by | 25 | | 1.18 for the year 1982 and by 1.36 for the year 1983 and by 1.54 | 26 | | for
the year 1984 and for each year thereafter.
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| 1 | | This tax shall be levied and collected in like manner with | 2 | | the
general taxes of the county, and shall be in addition to | 3 | | all other taxes
which the county is authorized to levy upon the | 4 | | aggregate valuation of
all taxable property within the county | 5 | | and shall be exclusive of and in
addition to the amount of tax | 6 | | the county is authorized to levy for
general purposes under any | 7 | | laws which may limit the amount of tax which
the county may | 8 | | levy for general purposes. The county clerk, in reducing
tax | 9 | | levies under any Act concerning the levy and extension of | 10 | | taxes,
shall not consider this tax as a part of the general tax | 11 | | levy for county
purposes, and shall not include it within any | 12 | | limitation of the per cent
of the assessed valuation upon which | 13 | | taxes are required to be extended
for the county. It is lawful | 14 | | to extend this tax in addition to the
general county rate fixed | 15 | | by statute, without being authorized as
additional by a vote of | 16 | | the people of the county.
| 17 | | Revenues derived from this tax shall be paid to the | 18 | | treasurer of the
county and held by him for the benefit of the | 19 | | fund.
| 20 | | If the payments on account of taxes are insufficient during | 21 | | any year
to meet the requirements of this Article, the county | 22 | | may issue tax
anticipation warrants against the current tax | 23 | | levy.
| 24 | | (b) By January 10, annually, the board shall notify the | 25 | | county board
of the requirement of this Article that this tax | 26 | | shall be levied. The
board shall make an annual determination
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| 1 | | of the required county contributions, and shall certify the | 2 | | results
thereof to the county board.
| 3 | | (c) The various sums to be contributed by the county board | 4 | | and
allocated for the purposes of this Article and any interest | 5 | | to be
contributed by the county shall be taken from the revenue | 6 | | derived from
this tax or from any other revenue source, | 7 | | including, but not limited to, other tax revenue, proceeds of | 8 | | county borrowings, or State or federal funds. and no money of | 9 | | the county derived from any source other than
the levy and | 10 | | collection of this tax or the sale of tax anticipation
| 11 | | warrants, except state or federal funds contributed for annuity | 12 | | and
benefit purposes for employees of a county department of | 13 | | public aid
under "The Illinois Public Aid Code", approved April | 14 | | 11, 1967, as now or
hereafter amended, may be used to provide | 15 | | revenue for the fund.
| 16 | | If it is not possible or practicable for the county to make
| 17 | | contributions for age and service annuity and widow's annuity
| 18 | | concurrently with the employee contributions made for such | 19 | | purposes,
such county shall make such contributions as soon as | 20 | | possible and
practicable thereafter with interest thereon at | 21 | | the effective rate until
the time it shall be made.
| 22 | | (d) With respect to employees whose wages are funded as | 23 | | participants
under the Comprehensive Employment and Training | 24 | | Act of 1973, as amended
(P.L. 93-203, 87 Stat. 839, P.L. | 25 | | 93-567, 88 Stat. 1845), hereinafter
referred to as CETA, | 26 | | subsequent to October 1, 1978, and in instances
where the board |
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| 1 | | has elected to establish a manpower program reserve, the
board | 2 | | shall compute the amounts necessary to be credited to the | 3 | | manpower
program reserves established and maintained as herein | 4 | | provided, and
shall make a periodic determination of the amount | 5 | | of required
contributions from the County to the reserve to be | 6 | | reimbursed by the
federal government in accordance with rules | 7 | | and regulations established
by the Secretary of the United | 8 | | States Department of Labor or his
designee, and certify the | 9 | | results thereof to the County Board. Any such
amounts shall | 10 | | become a credit to the County and will be used to reduce
the | 11 | | amount which the County would otherwise contribute during | 12 | | succeeding
years for all employees.
| 13 | | (e) In lieu of establishing a manpower program reserve with | 14 | | respect
to employees whose wages are funded as participants | 15 | | under the
Comprehensive Employment and Training Act of 1973, as | 16 | | authorized by
subsection (d), the board may elect to establish | 17 | | a special County
contribution rate for all such employees. If | 18 | | this option is elected, the
County shall contribute to the Fund | 19 | | from federal funds provided under
the Comprehensive Employment | 20 | | and Training Act program at the special
rate so established and | 21 | | such contributions shall become a credit to the
County and be | 22 | | used to reduce the amount which the County would otherwise
| 23 | | contribute during succeeding years for all employees.
| 24 | | (Source: P.A. 95-369, eff. 8-23-07.)
| 25 | | (40 ILCS 5/9-179.2) (from Ch. 108 1/2, par. 9-179.2)
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| 1 | | Sec. 9-179.2.
Other governmental service-Former County
| 2 | | Service. Any employee who first becomes a contributor before | 3 | | the effective date of this amendatory Act of the 99th General | 4 | | Assembly, who has rendered service to any
"governmental unit" | 5 | | as such term is defined in the
"Retirement Systems Reciprocal | 6 | | Act" under Article 20 of the
Illinois Pension Code, who did not | 7 | | contribute to the retirement
system of such "governmental | 8 | | unit", including the retirement
system created by this Article | 9 | | 9 of the Illinois Pension code,
for such service because of | 10 | | ineligibility for participation and
has no equity or rights in | 11 | | such retirement system because of
such service shall be given | 12 | | credit for such service in this
fund, provided:
| 13 | | (a) The employee shall pay to this fund, while in the
| 14 | | service of such county, or while in the service of a
| 15 | | governmental unit whose retirement system has adopted the
| 16 | | "Retirement Systems Reciprocal Act", such amounts, including
| 17 | | interest at the effective rate, as he would have paid to this
| 18 | | fund, on the basis of his salary in effect during the service
| 19 | | rendered to such other "governmental unit" at the rates
| 20 | | prescribed in this Article 9 for the periods
of such service to | 21 | | the end that such service shall be
considered as service | 22 | | rendered to such county, with all the
rights and
conditions | 23 | | attaching to such service
and payments; and (b) this Section | 24 | | shall not be applicable to
any period of such service for which | 25 | | the employee retains credit
in any other public annuity and | 26 | | benefit fund established by Act
of the Legislature of this |
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| 1 | | State and in operation for employees
of such other | 2 | | "governmental unit" from which such employee was
transferred.
| 3 | | (Source: P.A. 90-655, eff. 7-30-98.)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.".
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