|
Rep. Katie Stuart
Filed: 4/26/2023
| | 10300HB0300ham001 | | LRB103 03827 RJT 59863 a |
|
|
1 | | AMENDMENT TO HOUSE BILL 300
|
2 | | AMENDMENT NO. ______. Amend House Bill 300 by replacing |
3 | | everything after the enacting clause with the following:
|
4 | | "Section 5. The Illinois Pension Code is amended by |
5 | | changing Section 16-158 as follows:
|
6 | | (40 ILCS 5/16-158)
(from Ch. 108 1/2, par. 16-158)
|
7 | | Sec. 16-158. Contributions by State and other employing |
8 | | units.
|
9 | | (a) The State shall make contributions to the System by |
10 | | means of
appropriations from the Common School Fund and other |
11 | | State funds of amounts
which, together with other employer |
12 | | contributions, employee contributions,
investment income, and |
13 | | other income, will be sufficient to meet the cost of
|
14 | | maintaining and administering the System on a 90% funded basis |
15 | | in accordance
with actuarial recommendations.
|
16 | | The Board shall determine the amount of State |
|
| | 10300HB0300ham001 | - 2 - | LRB103 03827 RJT 59863 a |
|
|
1 | | contributions required for
each fiscal year on the basis of |
2 | | the actuarial tables and other assumptions
adopted by the |
3 | | Board and the recommendations of the actuary, using the |
4 | | formula
in subsection (b-3).
|
5 | | (a-1) Annually, on or before November 15 until November |
6 | | 15, 2011, the Board shall certify to the
Governor the amount of |
7 | | the required State contribution for the coming fiscal
year. |
8 | | The certification under this subsection (a-1) shall include a |
9 | | copy of the actuarial recommendations
upon which it is based |
10 | | and shall specifically identify the System's projected State |
11 | | normal cost for that fiscal year.
|
12 | | On or before May 1, 2004, 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 2005, taking |
15 | | into account the amounts appropriated to and
received by the |
16 | | System under subsection (d) of Section 7.2 of the General
|
17 | | Obligation Bond Act.
|
18 | | On or before July 1, 2005, the Board shall recalculate and |
19 | | recertify
to the Governor the amount of the required State
|
20 | | contribution to the System for State fiscal year 2006, taking |
21 | | into account the changes in required State contributions made |
22 | | by Public Act 94-4.
|
23 | | On or before April 1, 2011, the Board shall recalculate |
24 | | and recertify to the Governor the amount of the required State |
25 | | contribution to the System for State fiscal year 2011, |
26 | | applying the changes made by Public Act 96-889 to the System's |
|
| | 10300HB0300ham001 | - 3 - | LRB103 03827 RJT 59863 a |
|
|
1 | | assets and liabilities as of June 30, 2009 as though Public Act |
2 | | 96-889 was approved on that date. |
3 | | (a-5) On or before November 1 of each year, beginning |
4 | | November 1, 2012, the Board shall submit to the State Actuary, |
5 | | the Governor, and the General Assembly a proposed |
6 | | certification of the amount of the required State contribution |
7 | | to the System for the next fiscal year, along with all of the |
8 | | actuarial assumptions, calculations, and data upon which that |
9 | | proposed certification is based. On or before January 1 of |
10 | | each year, beginning January 1, 2013, the State Actuary shall |
11 | | issue a preliminary report concerning the proposed |
12 | | certification and identifying, if necessary, recommended |
13 | | changes in actuarial assumptions that the Board must consider |
14 | | before finalizing its certification of the required State |
15 | | contributions. On or before January 15, 2013 and each January |
16 | | 15 thereafter, the Board shall certify to the Governor and the |
17 | | General Assembly the amount of the required State contribution |
18 | | for the next fiscal year. The Board's certification must note |
19 | | any deviations from the State Actuary's recommended changes, |
20 | | the reason or reasons for not following the State Actuary's |
21 | | recommended changes, and the fiscal impact of not following |
22 | | the State Actuary's recommended changes on the required State |
23 | | contribution. |
24 | | (a-10) By November 1, 2017, the Board shall recalculate |
25 | | and recertify to the State Actuary, the Governor, and the |
26 | | General Assembly the amount of the State contribution to the |
|
| | 10300HB0300ham001 | - 4 - | LRB103 03827 RJT 59863 a |
|
|
1 | | System for State fiscal year 2018, taking into account the |
2 | | changes in required State contributions made by Public Act |
3 | | 100-23. The State Actuary shall review the assumptions and |
4 | | valuations underlying the Board's revised certification and |
5 | | issue a preliminary report concerning the proposed |
6 | | recertification and identifying, if necessary, recommended |
7 | | changes in actuarial assumptions that the Board must consider |
8 | | before finalizing its certification of the required State |
9 | | contributions. The Board's final certification must note any |
10 | | deviations from the State Actuary's recommended changes, the |
11 | | reason or reasons for not following the State Actuary's |
12 | | recommended changes, and the fiscal impact of not following |
13 | | the State Actuary's recommended changes on the required State |
14 | | contribution. |
15 | | (a-15) On or after June 15, 2019, but no later than June |
16 | | 30, 2019, the Board shall recalculate and recertify to the |
17 | | Governor and the General Assembly the amount of the State |
18 | | contribution to the System for State fiscal year 2019, taking |
19 | | into account the changes in required State contributions made |
20 | | by Public Act 100-587. The recalculation shall be made using |
21 | | assumptions adopted by the Board for the original fiscal year |
22 | | 2019 certification. The monthly voucher for the 12th month of |
23 | | fiscal year 2019 shall be paid by the Comptroller after the |
24 | | recertification required pursuant to this subsection is |
25 | | submitted to the Governor, Comptroller, and General Assembly. |
26 | | The recertification submitted to the General Assembly shall be |
|
| | 10300HB0300ham001 | - 5 - | LRB103 03827 RJT 59863 a |
|
|
1 | | filed with the Clerk of the House of Representatives and the |
2 | | Secretary of the Senate in electronic form only, in the manner |
3 | | that the Clerk and the Secretary shall direct. |
4 | | (b) Through State fiscal year 1995, the State |
5 | | contributions shall be
paid to the System in accordance with |
6 | | Section 18-7 of the School Code.
|
7 | | (b-1) Beginning in State fiscal year 1996, on the 15th day |
8 | | of each month,
or as soon thereafter as may be practicable, the |
9 | | Board shall submit vouchers
for payment of State contributions |
10 | | to the System, in a total monthly amount of
one-twelfth of the |
11 | | required annual State contribution certified under
subsection |
12 | | (a-1).
From March 5, 2004 (the
effective date of Public Act |
13 | | 93-665)
through June 30, 2004, the Board shall not submit |
14 | | vouchers for the
remainder of fiscal year 2004 in excess of the |
15 | | fiscal year 2004
certified contribution amount determined |
16 | | under this Section
after taking into consideration the |
17 | | transfer to the System
under subsection (a) of Section 6z-61 |
18 | | of the State Finance Act.
These vouchers shall be paid by the |
19 | | State Comptroller and
Treasurer by warrants drawn on the funds |
20 | | appropriated to the System for that
fiscal year.
|
21 | | If in any month the amount remaining unexpended from all |
22 | | other appropriations
to the System for the applicable fiscal |
23 | | year (including the appropriations to
the System under Section |
24 | | 8.12 of the State Finance Act and Section 1 of the
State |
25 | | Pension Funds Continuing Appropriation Act) is less than the |
26 | | amount
lawfully vouchered under this subsection, the |
|
| | 10300HB0300ham001 | - 6 - | LRB103 03827 RJT 59863 a |
|
|
1 | | difference shall be paid from the
Common School Fund under the |
2 | | continuing appropriation authority provided in
Section 1.1 of |
3 | | the State Pension Funds Continuing Appropriation Act.
|
4 | | (b-2) Allocations from the Common School Fund apportioned |
5 | | to school
districts not coming under this System shall not be |
6 | | diminished or affected by
the provisions of this Article.
|
7 | | (b-3) For State fiscal years 2012 through 2045, the |
8 | | minimum contribution
to the System to be made by the State for |
9 | | each fiscal year shall be an amount
determined by the System to |
10 | | be sufficient to bring the total assets of the
System up to 90% |
11 | | of the total actuarial liabilities of the System by the end of
|
12 | | State fiscal year 2045. In making these determinations, the |
13 | | required State
contribution shall be calculated each year as a |
14 | | level percentage of payroll
over the years remaining to and |
15 | | including fiscal year 2045 and shall be
determined under the |
16 | | projected unit credit actuarial cost method.
|
17 | | For each of State fiscal years 2018, 2019, and 2020, the |
18 | | State shall make an additional contribution to the System |
19 | | equal to 2% of the total payroll of each employee who is deemed |
20 | | to have elected the benefits under Section 1-161 or who has |
21 | | made the election under subsection (c) of Section 1-161. |
22 | | A change in an actuarial or investment assumption that |
23 | | increases or
decreases the required State contribution and |
24 | | first
applies in State fiscal year 2018 or thereafter shall be
|
25 | | implemented in equal annual amounts over a 5-year period
|
26 | | beginning in the State fiscal year in which the actuarial
|
|
| | 10300HB0300ham001 | - 7 - | LRB103 03827 RJT 59863 a |
|
|
1 | | change first applies to the required State contribution. |
2 | | A change in an actuarial or investment assumption that |
3 | | increases or
decreases the required State contribution and |
4 | | first
applied to the State contribution in fiscal year 2014, |
5 | | 2015, 2016, or 2017 shall be
implemented: |
6 | | (i) as already applied in State fiscal years before |
7 | | 2018; and |
8 | | (ii) in the portion of the 5-year period beginning in |
9 | | the State fiscal year in which the actuarial
change first |
10 | | applied that occurs in State fiscal year 2018 or |
11 | | thereafter, by calculating the change in equal annual |
12 | | amounts over that 5-year period and then implementing it |
13 | | at the resulting annual rate in each of the remaining |
14 | | fiscal years in that 5-year period. |
15 | | For State fiscal years 1996 through 2005, the State |
16 | | contribution to the
System, as a percentage of the applicable |
17 | | employee payroll, shall be increased
in equal annual |
18 | | increments so that by State fiscal year 2011, the State is
|
19 | | contributing at the rate required under this Section; except |
20 | | that in the
following specified State fiscal years, the State |
21 | | contribution to the System
shall not be less than the |
22 | | following indicated percentages of the applicable
employee |
23 | | payroll, even if the indicated percentage will produce a State
|
24 | | contribution in excess of the amount otherwise required under |
25 | | this subsection
and subsection (a), and notwithstanding any |
26 | | contrary certification made under
subsection (a-1) before May |
|
| | 10300HB0300ham001 | - 8 - | LRB103 03827 RJT 59863 a |
|
|
1 | | 27, 1998 (the effective date of Public Act 90-582):
10.02% in |
2 | | FY 1999;
10.77% in FY 2000;
11.47% in FY 2001;
12.16% in FY |
3 | | 2002;
12.86% in FY 2003; and
13.56% in FY 2004.
|
4 | | Notwithstanding any other provision of this Article, the |
5 | | total required State
contribution for State fiscal year 2006 |
6 | | is $534,627,700.
|
7 | | Notwithstanding any other provision of this Article, the |
8 | | total required State
contribution for State fiscal year 2007 |
9 | | is $738,014,500.
|
10 | | For each of State fiscal years 2008 through 2009, the |
11 | | State contribution to
the System, as a percentage of the |
12 | | applicable employee payroll, shall be
increased in equal |
13 | | annual increments from the required State contribution for |
14 | | State fiscal year 2007, so that by State fiscal year 2011, the
|
15 | | State is contributing at the rate otherwise required under |
16 | | this Section.
|
17 | | Notwithstanding any other provision of this Article, the |
18 | | total required State contribution for State fiscal year 2010 |
19 | | is $2,089,268,000 and shall be made from the proceeds of bonds |
20 | | sold in fiscal year 2010 pursuant to Section 7.2 of the General |
21 | | Obligation Bond Act, less (i) the pro rata share of bond sale |
22 | | expenses determined by the System's share of total bond |
23 | | proceeds, (ii) any amounts received from the Common School |
24 | | Fund in fiscal year 2010, and (iii) any reduction in bond |
25 | | proceeds due to the issuance of discounted bonds, if |
26 | | applicable. |
|
| | 10300HB0300ham001 | - 9 - | LRB103 03827 RJT 59863 a |
|
|
1 | | Notwithstanding any other provision of this Article, the
|
2 | | total required State contribution for State fiscal year 2011 |
3 | | is
the amount recertified by the System on or before April 1, |
4 | | 2011 pursuant to subsection (a-1) of this Section and shall be |
5 | | made from the proceeds of bonds
sold in fiscal year 2011 |
6 | | pursuant to Section 7.2 of the General
Obligation Bond Act, |
7 | | less (i) the pro rata share of bond sale
expenses determined by |
8 | | the System's share of total bond
proceeds, (ii) any amounts |
9 | | received from the Common School Fund
in fiscal year 2011, and |
10 | | (iii) any reduction in bond proceeds
due to the issuance of |
11 | | discounted bonds, if applicable. This amount shall include, in |
12 | | addition to the amount certified by the System, an amount |
13 | | necessary to meet employer contributions required by the State |
14 | | as an employer under paragraph (e) of this Section, which may |
15 | | also be used by the System for contributions required by |
16 | | paragraph (a) of Section 16-127. |
17 | | Beginning in State fiscal year 2046, the minimum State |
18 | | contribution for
each fiscal year shall be the amount needed |
19 | | to 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 |
|
| | 10300HB0300ham001 | - 10 - | LRB103 03827 RJT 59863 a |
|
|
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
|
10 | | calculated under this Section and
certified under subsection |
11 | | (a-1), shall not exceed an amount equal to (i) the
amount of |
12 | | the required State contribution that would have been |
13 | | calculated under
this Section for that fiscal year if the |
14 | | System had not received any payments
under subsection (d) of |
15 | | Section 7.2 of the General Obligation Bond Act, minus
(ii) the |
16 | | portion of the State's total debt service payments for that |
17 | | fiscal
year on the bonds issued in fiscal year 2003 for the |
18 | | purposes of that Section 7.2, as determined
and certified by |
19 | | the Comptroller, that is the same as the System's portion of
|
20 | | the total moneys distributed under subsection (d) of Section |
21 | | 7.2 of the General
Obligation Bond Act. In determining this |
22 | | maximum for State fiscal years 2008 through 2010, however, the |
23 | | amount referred to in item (i) shall be increased, as a |
24 | | percentage of the applicable employee payroll, in equal |
25 | | increments calculated from the sum of the required State |
26 | | contribution for State fiscal year 2007 plus the applicable |
|
| | 10300HB0300ham001 | - 11 - | LRB103 03827 RJT 59863 a |
|
|
1 | | portion of the State's total debt service payments for fiscal |
2 | | year 2007 on the bonds issued in fiscal year 2003 for the |
3 | | purposes of Section 7.2 of the General
Obligation Bond Act, so |
4 | | that, by State fiscal year 2011, the
State is contributing at |
5 | | the rate otherwise required under this Section.
|
6 | | (b-4) Beginning in fiscal year 2018, each employer under |
7 | | this Article shall pay to the System a required contribution |
8 | | determined as a percentage of projected payroll and sufficient |
9 | | to produce an annual amount equal to: |
10 | | (i) for each of fiscal years 2018, 2019, and 2020, the |
11 | | defined benefit normal cost of the defined benefit plan, |
12 | | less the employee contribution, for each employee of that |
13 | | employer who has elected or who is deemed to have elected |
14 | | the benefits under Section 1-161 or who has made the |
15 | | election under subsection (b) of Section 1-161; for fiscal |
16 | | year 2021 and each fiscal year thereafter, the defined |
17 | | benefit normal cost of the defined benefit plan, less the |
18 | | employee contribution, plus 2%, for each employee of that |
19 | | employer who has elected or who is deemed to have elected |
20 | | the benefits under Section 1-161 or who has made the |
21 | | election under subsection (b) of Section 1-161; plus |
22 | | (ii) the amount required for that fiscal year to |
23 | | amortize any unfunded actuarial accrued liability |
24 | | associated with the present value of liabilities |
25 | | attributable to the employer's account under Section |
26 | | 16-158.3, determined
as a level percentage of payroll over |
|
| | 10300HB0300ham001 | - 12 - | LRB103 03827 RJT 59863 a |
|
|
1 | | a 30-year rolling amortization period. |
2 | | In determining contributions required under item (i) of |
3 | | this subsection, the System shall determine an aggregate rate |
4 | | for all employers, expressed as a percentage of projected |
5 | | payroll. |
6 | | In determining the contributions required under item (ii) |
7 | | of this subsection, the amount shall be computed by the System |
8 | | on the basis of the actuarial assumptions and tables used in |
9 | | the most recent actuarial valuation of the System that is |
10 | | available at the time of the computation. |
11 | | The contributions required under this subsection (b-4) |
12 | | shall be paid by an employer concurrently with that employer's |
13 | | payroll payment period. The State, as the actual employer of |
14 | | an employee, shall make the required contributions under this |
15 | | subsection. |
16 | | (c) Payment of the required State contributions and of all |
17 | | pensions,
retirement annuities, death benefits, refunds, and |
18 | | other benefits granted
under or assumed by this System, and |
19 | | all expenses in connection with the
administration and |
20 | | operation thereof, are obligations of the State.
|
21 | | If members are paid from special trust or federal funds |
22 | | which are
administered by the employing unit, whether school |
23 | | district or other
unit, the employing unit shall pay to the |
24 | | System from such
funds the full accruing retirement costs |
25 | | based upon that
service, which, beginning July 1, 2017, shall |
26 | | be at a rate, expressed as a percentage of salary, equal to the |
|
| | 10300HB0300ham001 | - 13 - | LRB103 03827 RJT 59863 a |
|
|
1 | | total employer's normal cost, expressed as a percentage of |
2 | | payroll, as determined by the System. Employer contributions, |
3 | | based on
salary paid to members from federal funds, may be |
4 | | forwarded by the distributing
agency of the State of Illinois |
5 | | to the System prior to allocation, in an
amount determined in |
6 | | accordance with guidelines established by such
agency and the |
7 | | System. Any contribution for fiscal year 2015 collected as a |
8 | | result of the change made by Public Act 98-674 shall be |
9 | | considered a State contribution under subsection (b-3) of this |
10 | | Section.
|
11 | | (d) Effective July 1, 1986, any employer of a teacher as |
12 | | defined in
paragraph (8) of Section 16-106 shall pay the |
13 | | employer's normal cost
of benefits based upon the teacher's |
14 | | service, in addition to
employee contributions, as determined |
15 | | by the System. Such employer
contributions shall be forwarded |
16 | | monthly in accordance with guidelines
established by the |
17 | | System.
|
18 | | However, with respect to benefits granted under Section |
19 | | 16-133.4 or
16-133.5 to a teacher as defined in paragraph (8) |
20 | | of Section 16-106, the
employer's contribution shall be 12% |
21 | | (rather than 20%) of the member's
highest annual salary rate |
22 | | for each year of creditable service granted, and
the employer |
23 | | shall also pay the required employee contribution on behalf of
|
24 | | the teacher. For the purposes of Sections 16-133.4 and |
25 | | 16-133.5, a teacher
as defined in paragraph (8) of Section |
26 | | 16-106 who is serving in that capacity
while on leave of |
|
| | 10300HB0300ham001 | - 14 - | LRB103 03827 RJT 59863 a |
|
|
1 | | absence from another employer under this Article shall not
be |
2 | | considered an employee of the employer from which the teacher |
3 | | is on leave.
|
4 | | (e) Beginning July 1, 1998, every employer of a teacher
|
5 | | shall pay to the System an employer contribution computed as |
6 | | follows:
|
7 | | (1) Beginning July 1, 1998 through June 30, 1999, the |
8 | | employer
contribution shall be equal to 0.3% of each |
9 | | teacher's salary.
|
10 | | (2) Beginning July 1, 1999 and thereafter, the |
11 | | employer
contribution shall be equal to 0.58% of each |
12 | | teacher's salary.
|
13 | | The school district or other employing unit may pay these |
14 | | employer
contributions out of any source of funding available |
15 | | for that purpose and
shall forward the contributions to the |
16 | | System on the schedule established
for the payment of member |
17 | | contributions.
|
18 | | These employer contributions are intended to offset a |
19 | | portion of the cost
to the System of the increases in |
20 | | retirement benefits resulting from Public Act 90-582.
|
21 | | Each employer of teachers is entitled to a credit against |
22 | | the contributions
required under this subsection (e) with |
23 | | respect to salaries paid to teachers
for the period January 1, |
24 | | 2002 through June 30, 2003, equal to the amount paid
by that |
25 | | employer under subsection (a-5) of Section 6.6 of the State |
26 | | Employees
Group Insurance Act of 1971 with respect to salaries |
|
| | 10300HB0300ham001 | - 15 - | LRB103 03827 RJT 59863 a |
|
|
1 | | paid to teachers for that
period.
|
2 | | The additional 1% employee contribution required under |
3 | | Section 16-152 by Public Act 90-582
is the responsibility of |
4 | | the teacher and not the
teacher's employer, unless the |
5 | | employer agrees, through collective bargaining
or otherwise, |
6 | | to make the contribution on behalf of the teacher.
|
7 | | If an employer is required by a contract in effect on May |
8 | | 1, 1998 between the
employer and an employee organization to |
9 | | pay, on behalf of all its full-time
employees
covered by this |
10 | | Article, all mandatory employee contributions required under
|
11 | | this Article, then the employer shall be excused from paying |
12 | | the employer
contribution required under this subsection (e) |
13 | | for the balance of the term
of that contract. The employer and |
14 | | the employee organization shall jointly
certify to the System |
15 | | the existence of the contractual requirement, in such
form as |
16 | | the System may prescribe. This exclusion shall cease upon the
|
17 | | termination, extension, or renewal of the contract at any time |
18 | | after May 1,
1998.
|
19 | | (f) If the amount of a teacher's salary for any school year |
20 | | used to determine final average salary exceeds the member's |
21 | | annual full-time salary rate with the same employer for the |
22 | | previous school year by more than 6%, the teacher's employer |
23 | | shall pay to the System, in addition to all other payments |
24 | | required under this Section and in accordance with guidelines |
25 | | established by the System, the present value of the increase |
26 | | in benefits resulting from the portion of the increase in |
|
| | 10300HB0300ham001 | - 16 - | LRB103 03827 RJT 59863 a |
|
|
1 | | salary that is in excess of 6%. This present value shall be |
2 | | computed by the System on the basis of the actuarial |
3 | | assumptions and tables used in the most recent actuarial |
4 | | valuation of the System that is available at the time of the |
5 | | computation. If a teacher's salary for the 2005-2006 school |
6 | | year is used to determine final average salary under this |
7 | | subsection (f), then the changes made to this subsection (f) |
8 | | by Public Act 94-1057 shall apply in calculating whether the |
9 | | increase in his or her salary is in excess of 6%. For the |
10 | | purposes of this Section, change in employment under Section |
11 | | 10-21.12 of the School Code on or after June 1, 2005 shall |
12 | | constitute a change in employer. The System may require the |
13 | | employer to provide any pertinent information or |
14 | | documentation.
The changes made to this subsection (f) by |
15 | | Public Act 94-1111 apply without regard to whether the teacher |
16 | | was in service on or after its effective date.
|
17 | | Whenever it determines that a payment is or may be |
18 | | required under this subsection, the System shall calculate the |
19 | | amount of the payment and bill the employer for that amount. |
20 | | The bill shall specify the calculations used to determine the |
21 | | amount due. If the employer disputes the amount of the bill, it |
22 | | may, within 30 days after receipt of the bill, apply to the |
23 | | System in writing for a recalculation. The application must |
24 | | specify in detail the grounds of the dispute and, if the |
25 | | employer asserts that the calculation is subject to subsection |
26 | | (g), (g-5), (g-10), (g-15), (g-20), or (h) of this Section, |
|
| | 10300HB0300ham001 | - 17 - | LRB103 03827 RJT 59863 a |
|
|
1 | | must include an affidavit setting forth and attesting to all |
2 | | facts within the employer's knowledge that are pertinent to |
3 | | the applicability of that subsection. Upon receiving a timely |
4 | | application for recalculation, the System shall review the |
5 | | application and, if appropriate, recalculate the amount due.
|
6 | | The employer contributions required under this subsection |
7 | | (f) may be paid in the form of a lump sum within 90 days after |
8 | | receipt of the bill. If the employer contributions are not |
9 | | paid within 90 days after receipt of the bill, then interest |
10 | | will be charged at a rate equal to the System's annual |
11 | | actuarially assumed rate of return on investment compounded |
12 | | annually from the 91st day after receipt of the bill. Payments |
13 | | must be concluded within 3 years after the employer's receipt |
14 | | of the bill.
|
15 | | (f-1) (Blank). |
16 | | (g) This subsection (g) applies only to payments made or |
17 | | salary increases given on or after June 1, 2005 but before July |
18 | | 1, 2011. The changes made by Public Act 94-1057 shall not |
19 | | require the System to refund any payments received before
July |
20 | | 31, 2006 (the effective date of Public Act 94-1057). |
21 | | When assessing payment for any amount due under subsection |
22 | | (f), the System shall exclude salary increases paid to |
23 | | teachers under contracts or collective bargaining agreements |
24 | | entered into, amended, or renewed before June 1, 2005.
|
25 | | When assessing payment for any amount due under subsection |
26 | | (f), the System shall exclude salary increases paid to a |
|
| | 10300HB0300ham001 | - 18 - | LRB103 03827 RJT 59863 a |
|
|
1 | | teacher at a time when the teacher is 10 or more years from |
2 | | retirement eligibility under Section 16-132 or 16-133.2.
|
3 | | When assessing payment for any amount due under subsection |
4 | | (f), the System shall exclude salary increases resulting from |
5 | | overload work, including summer school, when the school |
6 | | district has certified to the System, and the System has |
7 | | approved the certification, that (i) the overload work is for |
8 | | the sole purpose of classroom instruction in excess of the |
9 | | standard number of classes for a full-time teacher in a school |
10 | | district during a school year and (ii) the salary increases |
11 | | are equal to or less than the rate of pay for classroom |
12 | | instruction computed on the teacher's current salary and work |
13 | | 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 |
25 | | district requiring the same certification or the amount |
26 | | stipulated in the collective bargaining agreement for a |
|
| | 10300HB0300ham001 | - 19 - | LRB103 03827 RJT 59863 a |
|
|
1 | | similar position 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 | | (g-5) When assessing payment for any amount due under |
9 | | subsection (f), the System shall exclude salary increases |
10 | | resulting from overload or stipend work performed in a school |
11 | | year subsequent to a school year in which the employer was |
12 | | unable to offer or allow to be conducted overload or stipend |
13 | | work due to an emergency declaration limiting such activities. |
14 | | (g-10) When assessing payment for any amount due under |
15 | | subsection (f), the System shall exclude salary increases |
16 | | resulting from increased instructional time that exceeded the |
17 | | instructional time required during the 2019-2020 school year. |
18 | | (g-15) When assessing payment for any amount due under |
19 | | subsection (f), the System shall exclude salary increases |
20 | | resulting from teaching summer school on or after May 1, 2021 |
21 | | and before September 15, 2022. |
22 | | (g-20) When assessing payment for any amount due under |
23 | | subsection (f), the System shall exclude salary increases |
24 | | resulting from Public Act 101-443 or this amendatory Act of |
25 | | the 103rd General Assembly. |
26 | | (h) When assessing payment for any amount due under |
|
| | 10300HB0300ham001 | - 20 - | LRB103 03827 RJT 59863 a |
|
|
1 | | subsection (f), the System shall exclude any salary increase |
2 | | described in subsection (g) of this Section given on or after |
3 | | July 1, 2011 but before July 1, 2014 under a contract or |
4 | | collective bargaining agreement entered into, amended, or |
5 | | renewed on or after June 1, 2005 but before July 1, 2011. |
6 | | Notwithstanding any other provision of this Section, any |
7 | | payments made or salary increases given after June 30, 2014 |
8 | | shall be used in assessing payment for any amount due under |
9 | | subsection (f) of this Section.
|
10 | | (i) The System shall prepare a report and file copies of |
11 | | the report with the Governor and the General Assembly by |
12 | | January 1, 2007 that contains all of the following |
13 | | information: |
14 | | (1) The number of recalculations required by the |
15 | | changes made to this Section by Public Act 94-1057 for |
16 | | each employer. |
17 | | (2) The dollar amount by which each employer's |
18 | | contribution to the System was changed due to |
19 | | recalculations required by Public Act 94-1057. |
20 | | (3) The total amount the System received from each |
21 | | employer as a result of the changes made to this Section by |
22 | | Public Act 94-4. |
23 | | (4) The increase in the required State contribution |
24 | | resulting from the changes made to this Section by Public |
25 | | Act 94-1057.
|
26 | | (i-5) For school years beginning on or after July 1, 2017, |
|
| | 10300HB0300ham001 | - 21 - | LRB103 03827 RJT 59863 a |
|
|
1 | | if the amount of a participant's salary for any school year |
2 | | exceeds the amount of the salary set for the Governor, the |
3 | | participant's employer shall pay to the System, in addition to |
4 | | all other payments required under this Section and in |
5 | | accordance with guidelines established by the System, an |
6 | | amount determined by the System to be equal to the employer |
7 | | normal cost, as established by the System and expressed as a |
8 | | total percentage of payroll, multiplied by the amount of |
9 | | salary in excess of the amount of the salary set for the |
10 | | Governor. This amount shall be computed by the System on the |
11 | | basis of the actuarial assumptions and tables used in the most |
12 | | recent actuarial valuation of the System that is available at |
13 | | the time of the computation. The System may require the |
14 | | employer to provide any pertinent information or |
15 | | documentation. |
16 | | Whenever it determines that a payment is or may be |
17 | | required under this subsection, the System shall calculate the |
18 | | amount of the payment and bill the employer for that amount. |
19 | | The bill shall specify the calculations used to determine the |
20 | | amount due. If the employer disputes the amount of the bill, it |
21 | | may, within 30 days after receipt of the bill, apply to the |
22 | | System in writing for a recalculation. The application must |
23 | | specify in detail the grounds of the dispute. Upon receiving a |
24 | | timely application for recalculation, the System shall review |
25 | | the application and, if appropriate, recalculate the amount |
26 | | due. |
|
| | 10300HB0300ham001 | - 22 - | LRB103 03827 RJT 59863 a |
|
|
1 | | The employer contributions required under this subsection |
2 | | may be paid in the form of a lump sum within 90 days after |
3 | | receipt of the bill. If the employer contributions are not |
4 | | paid within 90 days after receipt of the bill, then interest |
5 | | will be charged at a rate equal to the System's annual |
6 | | actuarially assumed rate of return on investment compounded |
7 | | annually from the 91st day after receipt of the bill. Payments |
8 | | must be concluded within 3 years after the employer's receipt |
9 | | of the bill. |
10 | | (j) For purposes of determining the required State |
11 | | contribution to the System, the value of the System's assets |
12 | | shall be equal to the actuarial value of the System's assets, |
13 | | which shall be calculated as follows: |
14 | | As of June 30, 2008, the actuarial value of the System's |
15 | | assets shall be equal to the market value of the assets as of |
16 | | that date. In determining the actuarial value of the System's |
17 | | assets for fiscal years after June 30, 2008, any actuarial |
18 | | gains or losses from investment return incurred in a fiscal |
19 | | year shall be recognized in equal annual amounts over the |
20 | | 5-year period following that fiscal year. |
21 | | (k) For purposes of determining the required State |
22 | | contribution to the system for a particular year, the |
23 | | actuarial value of assets shall be assumed to earn a rate of |
24 | | return equal to the system's actuarially assumed rate of |
25 | | return. |
26 | | (Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; |
|
| | 10300HB0300ham001 | - 23 - | LRB103 03827 RJT 59863 a |
|
|
1 | | 102-16, eff. 6-17-21; 102-525, eff. 8-20-21; 102-558, eff. |
2 | | 8-20-21; 102-813, eff. 5-13-22.)
|
3 | | Section 10. The School Code is amended by changing Section |
4 | | 24-8 as follows:
|
5 | | (105 ILCS 5/24-8) (from Ch. 122, par. 24-8)
|
6 | | Sec. 24-8. Minimum salary. In fixing the salaries of |
7 | | teachers, school boards shall pay those who
serve on a |
8 | | full-time basis not less than a rate for the school year that
|
9 | | is based upon training completed in a recognized institution |
10 | | of higher
learning, as follows: for the school year beginning |
11 | | July 1, 1980 and
until the 2020-2021 school year, less than a |
12 | | bachelor's degree, $9,000; 120 semester hours or
more and a |
13 | | bachelor's degree, $10,000; 150 semester hours or more and a
|
14 | | master's degree, $11,000. In fixing the salaries of teachers, |
15 | | a school board shall pay those who serve on a full-time basis a |
16 | | rate not less than (i) $32,076 for the 2020-2021 school year, |
17 | | (ii) $34,576 for the 2021-2022 school year, (iii) $37,076 for |
18 | | the 2022-2023 school year, and (iv) $40,000 for the 2023-2024 |
19 | | school year. The minimum salary rate for each school year |
20 | | thereafter, subject to review by the General Assembly, shall |
21 | | equal the minimum salary rate for the previous school year |
22 | | increased by a percentage equal to the annualized percentage |
23 | | increase, if any, in the Consumer Price Index for All Urban |
24 | | Consumers for all items published by the United States |
|
| | 10300HB0300ham001 | - 24 - | LRB103 03827 RJT 59863 a |
|
|
1 | | Department of Labor for the previous school year.
|
2 | | No later than July 20, 2023 and annually on or before each |
3 | | July 20 thereafter, the Commission on Government Forecasting |
4 | | and Accountability shall certify and publish the minimum |
5 | | salary rate to be used in each school year in accordance with |
6 | | this Section. |
7 | | On or before January 31, 2020, the Professional Review |
8 | | Panel created under Section 18-8.15 must submit a report to |
9 | | the General Assembly on how State funds and funds distributed |
10 | | under the evidence-based funding formula under Section 18-8.15 |
11 | | may aid the financial effects of the changes made by this |
12 | | amendatory Act of the 101st General Assembly. |
13 | | Based upon previous public school
experience in this State |
14 | | or any other state, territory, dependency or
possession of the |
15 | | United States, or in schools operated by or under the
auspices |
16 | | of the United States, teachers who serve on a full-time basis
|
17 | | shall have their salaries increased to at least the following |
18 | | amounts
above the starting salary for a teacher in such |
19 | | district in the same
classification: with less than a |
20 | | bachelor's degree, $750 after 5 years;
with 120 semester hours |
21 | | or more and a bachelor's degree, $1,000 after 5
years and |
22 | | $1,600 after 8 years; with 150 semester hours or more and a |
23 | | master's
degree, $1,250 after 5 years, $2,000 after 8 years |
24 | | and $2,750 after 13 years.
|
25 | | For the purpose of this Section a teacher's salary shall |
26 | | include any amount
paid by the school district on behalf of the |
|
| | 10300HB0300ham001 | - 25 - | LRB103 03827 RJT 59863 a |
|
|
1 | | teacher, as teacher contributions,
to the Teachers' Retirement |
2 | | System of the State of Illinois.
|
3 | | If a school board establishes a schedule for teachers' |
4 | | salaries based
on education and experience, not inconsistent |
5 | | with this Section, all certificated
nurses employed by that |
6 | | board shall be paid in accordance with the provisions
of such |
7 | | schedule.
|
8 | | For purposes of this Section, a teacher who submits a |
9 | | certificate of
completion to the school office prior to the |
10 | | first day of the school
term shall be considered to have the |
11 | | degree stated in such certificate.
|
12 | | (Source: P.A. 101-443, eff. 6-1-20 .)
|
13 | | Section 99. Effective date. This Act takes effect upon |
14 | | becoming law.".
|