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1 | AN ACT concerning public employee benefits. | |||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||||||||||
4 | Section 5. The Illinois Pension Code is amended by | |||||||||||||||||||||||||||
5 | changing Sections 2-134, 14-131, 15-165, 16-158, and 18-140 as | |||||||||||||||||||||||||||
6 | follows: | |||||||||||||||||||||||||||
7 | (40 ILCS 5/2-134) (from Ch. 108 1/2, par. 2-134) | |||||||||||||||||||||||||||
8 | Sec. 2-134. To certify required State contributions and | |||||||||||||||||||||||||||
9 | submit vouchers. | |||||||||||||||||||||||||||
10 | (a) The Board shall certify to the Governor on or before | |||||||||||||||||||||||||||
11 | December 15 of each year until December 15, 2011 the amount of | |||||||||||||||||||||||||||
12 | the required State contribution to the System for the next | |||||||||||||||||||||||||||
13 | fiscal year and shall specifically identify the System's | |||||||||||||||||||||||||||
14 | projected State normal cost for that fiscal year. The | |||||||||||||||||||||||||||
15 | certification shall include a copy of the actuarial | |||||||||||||||||||||||||||
16 | recommendations upon which it is based and shall specifically | |||||||||||||||||||||||||||
17 | identify the System's projected State normal cost for that | |||||||||||||||||||||||||||
18 | fiscal year. | |||||||||||||||||||||||||||
19 | On or before November 1 of each year, beginning November | |||||||||||||||||||||||||||
20 | 1, 2012, the Board shall submit to the State Actuary, the | |||||||||||||||||||||||||||
21 | Governor, and the General Assembly a proposed certification of | |||||||||||||||||||||||||||
22 | the amount of the required State contribution to the System | |||||||||||||||||||||||||||
23 | for the next fiscal year, along with all of the actuarial |
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1 | assumptions, calculations, and data upon which that proposed | ||||||
2 | certification is based. On or before January 1 of each year | ||||||
3 | beginning January 1, 2013, the State Actuary shall issue a | ||||||
4 | preliminary report concerning the proposed certification and | ||||||
5 | identifying, if necessary, recommended changes in actuarial | ||||||
6 | assumptions that the Board must consider before finalizing its | ||||||
7 | certification of the required State contributions. On or | ||||||
8 | before January 15, 2013 and every January 15 thereafter, the | ||||||
9 | Board shall certify to the Governor and the General Assembly | ||||||
10 | the amount of the required State contribution for the next | ||||||
11 | fiscal year. The Board's certification must note any | ||||||
12 | deviations from the State Actuary's recommended changes, the | ||||||
13 | reason or reasons for not following the State Actuary's | ||||||
14 | recommended changes, and the fiscal impact of not following | ||||||
15 | the State Actuary's recommended changes on the required State | ||||||
16 | contribution. | ||||||
17 | On or before May 1, 2004, 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 2005, taking | ||||||
20 | into account the amounts appropriated to and received by the | ||||||
21 | System under subsection (d) of Section 7.2 of the General | ||||||
22 | Obligation Bond Act. | ||||||
23 | On or before July 1, 2005, the Board shall recalculate and | ||||||
24 | recertify to the Governor the amount of the required State | ||||||
25 | contribution to the System for State fiscal year 2006, taking | ||||||
26 | into account the changes in required State contributions made |
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1 | by this amendatory Act of the 94th General Assembly. | ||||||
2 | On or before April 1, 2011, the Board shall recalculate | ||||||
3 | and recertify to the Governor the amount of the required State | ||||||
4 | contribution to the System for State fiscal year 2011, | ||||||
5 | applying the changes made by Public Act 96-889 to the System's | ||||||
6 | assets and liabilities as of June 30, 2009 as though Public Act | ||||||
7 | 96-889 was approved on that date. | ||||||
8 | By November 1, 2017, the Board shall recalculate and | ||||||
9 | recertify to the State Actuary, the Governor, and the General | ||||||
10 | Assembly the amount of the State contribution to the System | ||||||
11 | for State fiscal year 2018, taking into account the changes in | ||||||
12 | required State contributions made by this amendatory Act of | ||||||
13 | the 100th General Assembly. The State Actuary shall review the | ||||||
14 | assumptions and valuations underlying the Board's revised | ||||||
15 | certification and issue a preliminary report concerning the | ||||||
16 | proposed recertification and identifying, if necessary, | ||||||
17 | recommended changes in actuarial assumptions that the Board | ||||||
18 | must consider before finalizing its certification of the | ||||||
19 | required State contributions. The Board's final certification | ||||||
20 | must note any deviations from the State Actuary's recommended | ||||||
21 | changes, the reason or reasons for not following the State | ||||||
22 | Actuary's recommended changes, and the fiscal impact of not | ||||||
23 | following the State Actuary's recommended changes on the | ||||||
24 | required State contribution. | ||||||
25 | (b) Unless otherwise directed by the Comptroller under | ||||||
26 | subsection (b-1), Beginning in State fiscal year 1996, on or |
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1 | as soon as possible after the 15th day of each month the Board | ||||||
2 | shall submit vouchers for payment of State contributions to | ||||||
3 | the System for the applicable month on the 15th day of each | ||||||
4 | month, or as soon thereafter as may be practicable. The amount | ||||||
5 | vouchered for a monthly payment shall total , in a total | ||||||
6 | monthly amount of one-twelfth of the required annual State | ||||||
7 | contribution certified under subsection (a). | ||||||
8 | (b-1) Beginning in State fiscal year 2025, if the | ||||||
9 | Comptroller requests that the Board submit, during a State | ||||||
10 | fiscal year, vouchers for multiple monthly payments for | ||||||
11 | advance payment of State contributions due to the System for | ||||||
12 | that State fiscal year, then the Board shall submit those | ||||||
13 | additional monthly vouchers as directed by the Comptroller, | ||||||
14 | notwithstanding subsection (b). Unless an act of | ||||||
15 | appropriations provides otherwise, nothing in this Section | ||||||
16 | authorizes the Board to submit, in a State fiscal year, | ||||||
17 | vouchers for the payment of State contributions to the System | ||||||
18 | in an amount that exceeds the rate of payroll that is certified | ||||||
19 | by the System under this Section for that State fiscal year. | ||||||
20 | From the effective date of this amendatory Act of the 93rd | ||||||
21 | General Assembly through June 30, 2004, the Board shall not | ||||||
22 | submit vouchers for the remainder of fiscal year 2004 in | ||||||
23 | excess of the fiscal year 2004 certified contribution amount | ||||||
24 | determined under this Section after taking into consideration | ||||||
25 | the transfer to the System under subsection (d) of Section | ||||||
26 | 6z-61 of the State Finance Act. |
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1 | (b-2) The These vouchers described in subsections (b) and | ||||||
2 | (b-1) shall be paid by the State Comptroller and Treasurer by | ||||||
3 | warrants drawn on the funds appropriated to the System for | ||||||
4 | that fiscal year. | ||||||
5 | If in any month the amount remaining unexpended from all | ||||||
6 | other appropriations to the System for the applicable fiscal | ||||||
7 | year (including the appropriations to the System under Section | ||||||
8 | 8.12 of the State Finance Act and Section 1 of the State | ||||||
9 | Pension Funds Continuing Appropriation Act) is less than the | ||||||
10 | amount lawfully vouchered under this Section, the difference | ||||||
11 | shall be paid from the General Revenue Fund under the | ||||||
12 | continuing appropriation authority provided in Section 1.1 of | ||||||
13 | the State Pension Funds Continuing Appropriation Act. | ||||||
14 | (c) The full amount of any annual appropriation for the | ||||||
15 | System for State fiscal year 1995 shall be transferred and | ||||||
16 | made available to the System at the beginning of that fiscal | ||||||
17 | year at the request of the Board. Any excess funds remaining at | ||||||
18 | the end of any fiscal year from appropriations shall be | ||||||
19 | retained by the System as a general reserve to meet the | ||||||
20 | System's accrued liabilities. | ||||||
21 | (Source: P.A. 100-23, eff. 7-6-17.) | ||||||
22 | (40 ILCS 5/14-131) | ||||||
23 | Sec. 14-131. Contributions by State. | ||||||
24 | (a) The State shall make contributions to the System by | ||||||
25 | appropriations of amounts which, together with other employer |
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1 | contributions from trust, federal, and other funds, employee | ||||||
2 | contributions, investment income, and other income, will be | ||||||
3 | sufficient to meet the cost of maintaining and administering | ||||||
4 | the System on a 90% funded basis in accordance with actuarial | ||||||
5 | recommendations. | ||||||
6 | For the purposes of this Section and Section 14-135.08, | ||||||
7 | references to State contributions refer only to employer | ||||||
8 | contributions and do not include employee contributions that | ||||||
9 | are picked up or otherwise paid by the State or a department on | ||||||
10 | behalf of the employee. | ||||||
11 | (b) The Board shall determine the total amount of State | ||||||
12 | contributions required for each fiscal year on the basis of | ||||||
13 | the actuarial tables and other assumptions adopted by the | ||||||
14 | Board, using the formula in subsection (e). | ||||||
15 | The Board shall also determine a State contribution rate | ||||||
16 | for each fiscal year, expressed as a percentage of payroll, | ||||||
17 | based on the total required State contribution for that fiscal | ||||||
18 | year (less the amount received by the System from | ||||||
19 | appropriations under Section 8.12 of the State Finance Act and | ||||||
20 | Section 1 of the State Pension Funds Continuing Appropriation | ||||||
21 | Act, if any, for the fiscal year ending on the June 30 | ||||||
22 | immediately preceding the applicable November 15 certification | ||||||
23 | deadline), the estimated payroll (including all forms of | ||||||
24 | compensation) for personal services rendered by eligible | ||||||
25 | employees, and the recommendations of the actuary. | ||||||
26 | For the purposes of this Section and Section 14.1 of the |
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1 | State Finance Act, the term "eligible employees" includes | ||||||
2 | employees who participate in the System, persons who may elect | ||||||
3 | to participate in the System but have not so elected, persons | ||||||
4 | who are serving a qualifying period that is required for | ||||||
5 | participation, and annuitants employed by a department as | ||||||
6 | described in subdivision (a)(1) or (a)(2) of Section 14-111. | ||||||
7 | (c) Contributions shall be made by the several departments | ||||||
8 | for each pay period by warrants drawn by the State Comptroller | ||||||
9 | against their respective funds or appropriations based upon | ||||||
10 | vouchers stating the amount to be so contributed. These | ||||||
11 | amounts shall be based on the full rate certified by the Board | ||||||
12 | under Section 14-135.08 for that fiscal year. From March 5, | ||||||
13 | 2004 (the effective date of Public Act 93-665) through the | ||||||
14 | payment of the final payroll from fiscal year 2004 | ||||||
15 | appropriations, the several departments shall not make | ||||||
16 | contributions for the remainder of fiscal year 2004 but shall | ||||||
17 | instead make payments as required under subsection (a-1) of | ||||||
18 | Section 14.1 of the State Finance Act. The several departments | ||||||
19 | shall resume those contributions at the commencement of fiscal | ||||||
20 | year 2005. | ||||||
21 | (c-1) Notwithstanding subsection (c) of this Section, for | ||||||
22 | fiscal years 2010, 2012, and each fiscal year thereafter, | ||||||
23 | contributions by the several departments are not required to | ||||||
24 | be made for General Revenue Funds payrolls processed by the | ||||||
25 | Comptroller. Payrolls paid by the several departments from all | ||||||
26 | other State funds must continue to be processed pursuant to |
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1 | subsection (c) of this Section. | ||||||
2 | (c-2) Unless otherwise directed by the Comptroller under | ||||||
3 | subsection (c-3), For State fiscal years 2010, 2012, and each | ||||||
4 | fiscal year thereafter, on or as soon as possible after the | ||||||
5 | 15th day of each month, the Board shall submit vouchers for | ||||||
6 | payment of State contributions to the System for the | ||||||
7 | applicable month on the 15th day of each month, or as soon | ||||||
8 | thereafter as may be practicable. The amount vouchered for a | ||||||
9 | monthly payment shall total , in a total monthly amount of | ||||||
10 | one-twelfth of the fiscal year General Revenue Fund | ||||||
11 | contribution as certified by the System pursuant to Section | ||||||
12 | 14-135.08 of this the Illinois Pension Code. | ||||||
13 | (c-3) Beginning in State fiscal year 2025, if the | ||||||
14 | Comptroller requests that the Board submit, during a State | ||||||
15 | fiscal year, vouchers for multiple monthly payments for | ||||||
16 | advance payment of State contributions due to the System for | ||||||
17 | that State fiscal year, then the Board shall submit those | ||||||
18 | additional vouchers as directed by the Comptroller, | ||||||
19 | notwithstanding subsection (c-2). Unless an act of | ||||||
20 | appropriations provides otherwise, nothing in this Section | ||||||
21 | authorizes the Board to submit, in a State fiscal year, | ||||||
22 | vouchers for the payment of State contributions to the System | ||||||
23 | in an amount that exceeds the rate of payroll that is certified | ||||||
24 | by the System under Section 14-135.08 for that State fiscal | ||||||
25 | year. | ||||||
26 | (d) If an employee is paid from trust funds or federal |
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1 | funds, the department or other employer shall pay employer | ||||||
2 | contributions from those funds to the System at the certified | ||||||
3 | rate, unless the terms of the trust or the federal-State | ||||||
4 | agreement preclude the use of the funds for that purpose, in | ||||||
5 | which case the required employer contributions shall be paid | ||||||
6 | by the State. | ||||||
7 | (e) For State fiscal years 2012 through 2045, the minimum | ||||||
8 | contribution to the System to be made by the State for each | ||||||
9 | fiscal year shall be an amount determined by the System to be | ||||||
10 | sufficient to bring the total assets of the System up to 90% of | ||||||
11 | 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 | A change in an actuarial or investment assumption that | ||||||
18 | increases or decreases the required State contribution and | ||||||
19 | first applies in State fiscal year 2018 or thereafter shall be | ||||||
20 | implemented in equal annual amounts over a 5-year period | ||||||
21 | beginning in the State fiscal year in which the actuarial | ||||||
22 | change first applies to the required State contribution. | ||||||
23 | A change in an actuarial or investment assumption that | ||||||
24 | increases or decreases the required State contribution and | ||||||
25 | first applied to the State contribution in fiscal year 2014, | ||||||
26 | 2015, 2016, or 2017 shall be implemented: |
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1 | (i) as already applied in State fiscal years before | ||||||
2 | 2018; and | ||||||
3 | (ii) in the portion of the 5-year period beginning in | ||||||
4 | the State fiscal year in which the actuarial change first | ||||||
5 | applied that occurs in State fiscal year 2018 or | ||||||
6 | thereafter, by calculating the change in equal annual | ||||||
7 | amounts over that 5-year period and then implementing it | ||||||
8 | at the resulting annual rate in each of the remaining | ||||||
9 | fiscal years in that 5-year period. | ||||||
10 | For State fiscal years 1996 through 2005, the State | ||||||
11 | contribution to the System, as a percentage of the applicable | ||||||
12 | employee payroll, shall be increased in equal annual | ||||||
13 | increments so that by State fiscal year 2011, the State is | ||||||
14 | contributing at the rate required under this Section; except | ||||||
15 | that (i) for State fiscal year 1998, for all purposes of this | ||||||
16 | Code and any other law of this State, the certified percentage | ||||||
17 | of the applicable employee payroll shall be 5.052% for | ||||||
18 | employees earning eligible creditable service under Section | ||||||
19 | 14-110 and 6.500% for all other employees, notwithstanding any | ||||||
20 | contrary certification made under Section 14-135.08 before | ||||||
21 | July 7, 1997 (the effective date of Public Act 90-65), and (ii) | ||||||
22 | in the following specified State fiscal years, the State | ||||||
23 | contribution to the System shall not be less than the | ||||||
24 | following indicated percentages of the applicable employee | ||||||
25 | payroll, even if the indicated percentage will produce a State | ||||||
26 | contribution in excess of the amount otherwise required under |
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1 | this subsection and subsection (a): 9.8% in FY 1999; 10.0% in | ||||||
2 | FY 2000; 10.2% in FY 2001; 10.4% in FY 2002; 10.6% in FY 2003; | ||||||
3 | and 10.8% in FY 2004. | ||||||
4 | Beginning in State fiscal year 2046, the minimum State | ||||||
5 | contribution for each fiscal year shall be the amount needed | ||||||
6 | to maintain the total assets of the System at 90% of the total | ||||||
7 | actuarial liabilities of the System. | ||||||
8 | Amounts received by the System pursuant to Section 25 of | ||||||
9 | the Budget Stabilization Act or Section 8.12 of the State | ||||||
10 | Finance Act in any fiscal year do not reduce and do not | ||||||
11 | constitute payment of any portion of the minimum State | ||||||
12 | contribution required under this Article in that fiscal year. | ||||||
13 | Such amounts shall not reduce, and shall not be included in the | ||||||
14 | calculation of, the required State contributions under this | ||||||
15 | Article in any future year until the System has reached a | ||||||
16 | funding ratio of at least 90%. A reference in this Article to | ||||||
17 | the "required State contribution" or any substantially similar | ||||||
18 | term does not include or apply to any amounts payable to the | ||||||
19 | System under Section 25 of the Budget Stabilization Act. | ||||||
20 | Notwithstanding any other provision of this Section, the | ||||||
21 | required State contribution for State fiscal year 2005 and for | ||||||
22 | fiscal year 2008 and each fiscal year thereafter, as | ||||||
23 | calculated under this Section and certified under Section | ||||||
24 | 14-135.08, shall not exceed an amount equal to (i) the amount | ||||||
25 | of the required State contribution that would have been | ||||||
26 | calculated under this Section for that fiscal year if the |
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1 | System had not received any payments under subsection (d) of | ||||||
2 | Section 7.2 of the General Obligation Bond Act, minus (ii) the | ||||||
3 | portion of the State's total debt service payments for that | ||||||
4 | fiscal year on the bonds issued in fiscal year 2003 for the | ||||||
5 | purposes of that Section 7.2, as determined and certified by | ||||||
6 | the Comptroller, that is the same as the System's portion of | ||||||
7 | the total moneys distributed under subsection (d) of Section | ||||||
8 | 7.2 of the General Obligation Bond Act. | ||||||
9 | (f) (Blank). | ||||||
10 | (g) 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 | (h) 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 | (i) (Blank). |
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1 | (j) (Blank). | ||||||
2 | (k) For fiscal year 2012 and each fiscal year thereafter, | ||||||
3 | after the submission of all payments for eligible employees | ||||||
4 | from personal services line items paid from the General | ||||||
5 | Revenue Fund in the fiscal year have been made, the | ||||||
6 | Comptroller shall provide to the System a certification of the | ||||||
7 | sum of all expenditures in the fiscal year for personal | ||||||
8 | services. Upon receipt of the certification, the System shall | ||||||
9 | determine the amount due to the System based on the full rate | ||||||
10 | certified by the Board under Section 14-135.08 for the fiscal | ||||||
11 | year in order to meet the State's obligation under this | ||||||
12 | Section. The System shall compare this amount due to the | ||||||
13 | amount received by the System for the fiscal year. If the | ||||||
14 | amount due is more than the amount received, the difference | ||||||
15 | shall be termed the "Prior Fiscal Year Shortfall" for purposes | ||||||
16 | of this Section, and the Prior Fiscal Year Shortfall shall be | ||||||
17 | satisfied under Section 1.2 of the State Pension Funds | ||||||
18 | Continuing Appropriation Act. If the amount due is less than | ||||||
19 | the amount received, the difference shall be termed the "Prior | ||||||
20 | Fiscal Year Overpayment" for purposes of this Section, and the | ||||||
21 | Prior Fiscal Year Overpayment shall be repaid by the System to | ||||||
22 | the General Revenue Fund as soon as practicable after the | ||||||
23 | certification. | ||||||
24 | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; | ||||||
25 | 101-10, eff. 6-5-19.) |
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1 | (40 ILCS 5/15-165) (from Ch. 108 1/2, par. 15-165) | ||||||
2 | Sec. 15-165. To certify amounts and 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 | ||||||
5 | appropriation required from State funds for the purposes of | ||||||
6 | this System for the following fiscal year. The certification | ||||||
7 | under this subsection (a) shall include a copy of the | ||||||
8 | actuarial recommendations upon which it is based and shall | ||||||
9 | specifically identify the System's projected State normal cost | ||||||
10 | for that fiscal year and the projected State cost for the | ||||||
11 | self-managed plan 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 this amendatory Act of the 94th General Assembly. | ||||||
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 |
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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 | in a written response to the State Actuary, any deviations | ||||||
20 | from the State Actuary's recommended changes, the reason or | ||||||
21 | reasons for not following the State Actuary's recommended | ||||||
22 | changes, and the fiscal impact of not following the State | ||||||
23 | Actuary's recommended changes on the required State | ||||||
24 | contribution. | ||||||
25 | (a-10) By November 1, 2017, the Board shall recalculate | ||||||
26 | and recertify to the State Actuary, the Governor, and the |
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1 | General Assembly the amount of the State contribution to the | ||||||
2 | System for State fiscal year 2018, taking into account the | ||||||
3 | changes in required State contributions made by this | ||||||
4 | amendatory Act of the 100th General Assembly. The State | ||||||
5 | Actuary shall review the assumptions and valuations underlying | ||||||
6 | the Board's revised certification and issue a preliminary | ||||||
7 | report concerning the proposed recertification and | ||||||
8 | identifying, if necessary, recommended changes in actuarial | ||||||
9 | assumptions that the Board must consider before finalizing its | ||||||
10 | certification of the required State contributions. The Board's | ||||||
11 | final certification must note any deviations from the State | ||||||
12 | Actuary's recommended changes, the reason or reasons for not | ||||||
13 | following the State Actuary's recommended changes, and the | ||||||
14 | fiscal impact of not following the State Actuary's recommended | ||||||
15 | changes on the required State contribution. | ||||||
16 | (a-15) On or after June 15, 2019, but no later than June | ||||||
17 | 30, 2019, the Board shall recalculate and recertify to the | ||||||
18 | Governor and the General Assembly the amount of the State | ||||||
19 | contribution to the System for State fiscal year 2019, taking | ||||||
20 | into account the changes in required State contributions made | ||||||
21 | by this amendatory Act of the 100th General Assembly. The | ||||||
22 | recalculation shall be made using assumptions adopted by the | ||||||
23 | Board for the original fiscal year 2019 certification. The | ||||||
24 | monthly voucher for the 12th month of fiscal year 2019 shall be | ||||||
25 | paid by the Comptroller after the recertification required | ||||||
26 | pursuant to this subsection is submitted to the Governor, |
| |||||||
| |||||||
1 | Comptroller, and General Assembly. The recertification | ||||||
2 | submitted to the General Assembly shall be filed with the | ||||||
3 | Clerk of the House of Representatives and the Secretary of the | ||||||
4 | Senate in electronic form only, in the manner that the Clerk | ||||||
5 | and the Secretary shall direct. | ||||||
6 | (b) The Board shall certify to the State Comptroller or | ||||||
7 | employer, as the case may be, from time to time, by its | ||||||
8 | chairperson and secretary, with its seal attached, the amounts | ||||||
9 | payable to the System from the various funds. | ||||||
10 | (c) Unless otherwise directed by the Comptroller under | ||||||
11 | subsection (c-1), Beginning in State fiscal year 1996, on or | ||||||
12 | as soon as possible after the 15th day of each month the Board | ||||||
13 | shall submit vouchers for payment of State contributions to | ||||||
14 | the System for the applicable month on the 15th day of each | ||||||
15 | month, or as soon thereafter as may be practicable. The amount | ||||||
16 | vouchered for a monthly payment shall total , in a total | ||||||
17 | monthly amount of one-twelfth of the required annual State | ||||||
18 | contribution certified under subsection (a). | ||||||
19 | (c-1) Beginning in State fiscal year 2025, if the | ||||||
20 | Comptroller requests that the Board submit, during a State | ||||||
21 | fiscal year, vouchers for multiple monthly payments for | ||||||
22 | advance payment of State contributions due to the System for | ||||||
23 | that State fiscal year, then the Board shall submit those | ||||||
24 | additional vouchers as directed by the Comptroller, | ||||||
25 | notwithstanding subsection (c). Unless an act of | ||||||
26 | appropriations provides otherwise, nothing in this Section |
| |||||||
| |||||||
1 | authorizes the Board to submit, in a State fiscal year, | ||||||
2 | vouchers for the payment of State contributions to the System | ||||||
3 | in an amount that exceeds the annual certified contribution | ||||||
4 | for the System under this Section for that State fiscal year. | ||||||
5 | From the effective date of this amendatory Act of the 93rd | ||||||
6 | General Assembly through June 30, 2004, the Board shall not | ||||||
7 | submit vouchers for the remainder of fiscal year 2004 in | ||||||
8 | excess of the fiscal year 2004 certified contribution amount | ||||||
9 | determined under this Section after taking into consideration | ||||||
10 | the transfer to the System under subsection (b) of Section | ||||||
11 | 6z-61 of the State Finance Act. | ||||||
12 | (c-2) The These vouchers described in subsections (c) and | ||||||
13 | (c-1) shall be paid by the State Comptroller and Treasurer by | ||||||
14 | warrants drawn on the funds appropriated to the System for | ||||||
15 | that fiscal year. | ||||||
16 | If in any month the amount remaining unexpended from all | ||||||
17 | other appropriations to the System for the applicable fiscal | ||||||
18 | year (including the appropriations to the System under Section | ||||||
19 | 8.12 of the State Finance Act and Section 1 of the State | ||||||
20 | Pension Funds Continuing Appropriation Act) is less than the | ||||||
21 | amount lawfully vouchered under this Section, the difference | ||||||
22 | shall be paid from the General Revenue Fund under the | ||||||
23 | continuing appropriation authority provided in Section 1.1 of | ||||||
24 | the State Pension Funds Continuing Appropriation Act. | ||||||
25 | (d) So long as the payments received are the full amount | ||||||
26 | lawfully vouchered under this Section, payments received by |
| |||||||
| |||||||
1 | the System under this Section shall be applied first toward | ||||||
2 | the employer contribution to the self-managed plan established | ||||||
3 | under Section 15-158.2. Payments shall be applied second | ||||||
4 | toward the employer's portion of the normal costs of the | ||||||
5 | System, as defined in subsection (f) of Section 15-155. The | ||||||
6 | balance shall be applied toward the unfunded actuarial | ||||||
7 | liabilities of the System. | ||||||
8 | (e) In the event that the System does not receive, as a | ||||||
9 | result of legislative enactment or otherwise, payments | ||||||
10 | sufficient to fully fund the employer contribution to the | ||||||
11 | self-managed plan established under Section 15-158.2 and to | ||||||
12 | fully fund that portion of the employer's portion of the | ||||||
13 | normal costs of the System, as calculated in accordance with | ||||||
14 | Section 15-155(a-1), then any payments received shall be | ||||||
15 | applied proportionately to the optional retirement program | ||||||
16 | established under Section 15-158.2 and to the employer's | ||||||
17 | portion of the normal costs of the System, as calculated in | ||||||
18 | accordance with Section 15-155(a-1). | ||||||
19 | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.) | ||||||
20 | (40 ILCS 5/16-158) (from Ch. 108 1/2, par. 16-158) | ||||||
21 | Sec. 16-158. Contributions by State and other employing | ||||||
22 | units. | ||||||
23 | (a) The State shall make contributions to the System by | ||||||
24 | means of appropriations from the Common School Fund and other | ||||||
25 | State funds of amounts which, together with other employer |
| |||||||
| |||||||
1 | contributions, employee contributions, investment income, and | ||||||
2 | other income, will be sufficient to meet the cost of | ||||||
3 | maintaining and administering the System on a 90% funded basis | ||||||
4 | in accordance with actuarial recommendations. | ||||||
5 | The Board shall determine the amount of State | ||||||
6 | contributions required for each fiscal year on the basis of | ||||||
7 | the actuarial tables and other assumptions adopted by the | ||||||
8 | Board and the recommendations of the actuary, using the | ||||||
9 | formula in subsection (b-3). | ||||||
10 | (a-1) Annually, on or before November 15 until November | ||||||
11 | 15, 2011, the Board shall certify to the Governor the amount of | ||||||
12 | the required State contribution for the coming fiscal year. | ||||||
13 | The certification under this subsection (a-1) shall include a | ||||||
14 | copy of the actuarial recommendations upon which it is based | ||||||
15 | and shall specifically identify the System's projected State | ||||||
16 | normal cost for that fiscal year. | ||||||
17 | On or before May 1, 2004, 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 2005, taking | ||||||
20 | into account the amounts appropriated to and received by the | ||||||
21 | System under subsection (d) of Section 7.2 of the General | ||||||
22 | Obligation Bond Act. | ||||||
23 | On or before July 1, 2005, the Board shall recalculate and | ||||||
24 | recertify to the Governor the amount of the required State | ||||||
25 | contribution to the System for State fiscal year 2006, taking | ||||||
26 | into account the changes in required State contributions made |
| |||||||
| |||||||
1 | by Public Act 94-4. | ||||||
2 | On or before April 1, 2011, the Board shall recalculate | ||||||
3 | and recertify to the Governor the amount of the required State | ||||||
4 | contribution to the System for State fiscal year 2011, | ||||||
5 | applying the changes made by Public Act 96-889 to the System's | ||||||
6 | assets and liabilities as of June 30, 2009 as though Public Act | ||||||
7 | 96-889 was approved on that date. | ||||||
8 | (a-5) On or before November 1 of each year, beginning | ||||||
9 | November 1, 2012, the Board shall submit to the State Actuary, | ||||||
10 | the Governor, and the General Assembly a proposed | ||||||
11 | certification of the amount of the required State contribution | ||||||
12 | to the System for the next fiscal year, along with all of the | ||||||
13 | actuarial assumptions, calculations, and data upon which that | ||||||
14 | proposed certification is based. On or before January 1 of | ||||||
15 | each year, beginning January 1, 2013, the State Actuary shall | ||||||
16 | issue a preliminary report concerning the proposed | ||||||
17 | certification and identifying, if necessary, recommended | ||||||
18 | changes in actuarial assumptions that the Board must consider | ||||||
19 | before finalizing its certification of the required State | ||||||
20 | contributions. On or before January 15, 2013 and each January | ||||||
21 | 15 thereafter, the Board shall certify to the Governor and the | ||||||
22 | General Assembly the amount of the required State contribution | ||||||
23 | for the next fiscal year. The Board's certification must note | ||||||
24 | any deviations from the State Actuary's recommended changes, | ||||||
25 | the reason or reasons for not following the State Actuary's | ||||||
26 | recommended changes, and the fiscal impact of not following |
| |||||||
| |||||||
1 | the State Actuary's recommended changes on the required State | ||||||
2 | contribution. | ||||||
3 | (a-10) By November 1, 2017, the Board shall recalculate | ||||||
4 | and recertify to the State Actuary, the Governor, and the | ||||||
5 | General Assembly the amount of the State contribution to the | ||||||
6 | System for State fiscal year 2018, taking into account the | ||||||
7 | changes in required State contributions made by Public Act | ||||||
8 | 100-23. The State Actuary shall review the assumptions and | ||||||
9 | valuations underlying the Board's revised certification and | ||||||
10 | issue a preliminary report concerning the proposed | ||||||
11 | recertification and identifying, if necessary, recommended | ||||||
12 | changes in actuarial assumptions that the Board must consider | ||||||
13 | before finalizing its certification of the required State | ||||||
14 | contributions. The Board's final certification must note any | ||||||
15 | deviations from the State Actuary's recommended changes, the | ||||||
16 | reason or reasons for not following the State Actuary's | ||||||
17 | recommended changes, and the fiscal impact of not following | ||||||
18 | the State Actuary's recommended changes on the required State | ||||||
19 | contribution. | ||||||
20 | (a-15) On or after June 15, 2019, but no later than June | ||||||
21 | 30, 2019, the Board shall recalculate and recertify to the | ||||||
22 | Governor and the General Assembly the amount of the State | ||||||
23 | contribution to the System for State fiscal year 2019, taking | ||||||
24 | into account the changes in required State contributions made | ||||||
25 | by Public Act 100-587. The recalculation shall be made using | ||||||
26 | assumptions adopted by the Board for the original fiscal year |
| |||||||
| |||||||
1 | 2019 certification. The monthly voucher for the 12th month of | ||||||
2 | fiscal year 2019 shall be paid by the Comptroller after the | ||||||
3 | recertification required pursuant to this subsection is | ||||||
4 | submitted to the Governor, Comptroller, and General Assembly. | ||||||
5 | The recertification submitted to the General Assembly shall be | ||||||
6 | filed with the Clerk of the House of Representatives and the | ||||||
7 | Secretary of the Senate in electronic form only, in the manner | ||||||
8 | that the Clerk and the Secretary shall direct. | ||||||
9 | (b) Through State fiscal year 1995, the State | ||||||
10 | contributions shall be paid to the System in accordance with | ||||||
11 | Section 18-7 of the School Code. | ||||||
12 | (b-1) Unless otherwise directed by the Comptroller under | ||||||
13 | subsection (b-1.1), Beginning in State fiscal year 1996, on | ||||||
14 | the 15th day of each month, or as soon thereafter as may be | ||||||
15 | practicable, the Board shall submit vouchers for payment of | ||||||
16 | State contributions to the System for the applicable month on | ||||||
17 | the 15th day of each month, or as soon thereafter as may be | ||||||
18 | practicable. The amount vouchered for a monthly payment shall | ||||||
19 | total , in a total monthly amount of one-twelfth of the | ||||||
20 | required annual State contribution certified under subsection | ||||||
21 | (a-1). | ||||||
22 | (b-1.1) Beginning in State fiscal year 2025, if the | ||||||
23 | Comptroller requests that the Board submit, during a State | ||||||
24 | fiscal year, vouchers for multiple monthly payments for the | ||||||
25 | advance payment of State contributions due to the System for | ||||||
26 | that State fiscal year, then the Board shall submit those |
| |||||||
| |||||||
1 | additional vouchers as directed by the Comptroller, | ||||||
2 | notwithstanding subsection (b-1). Unless an act of | ||||||
3 | appropriations provides otherwise, nothing in this Section | ||||||
4 | authorizes the Board to submit, in a State fiscal year, | ||||||
5 | vouchers for the payment of State contributions to the System | ||||||
6 | in an amount that exceeds the rate of payroll that is certified | ||||||
7 | by the System under this Section for that State fiscal year. | ||||||
8 | From March 5, 2004 (the effective date of Public Act 93-665) | ||||||
9 | through June 30, 2004, the Board shall not submit vouchers for | ||||||
10 | the remainder of fiscal year 2004 in excess of the fiscal year | ||||||
11 | 2004 certified contribution amount determined under this | ||||||
12 | Section after taking into consideration the transfer to the | ||||||
13 | System under subsection (a) of Section 6z-61 of the State | ||||||
14 | Finance Act. | ||||||
15 | (b-1.2) The These vouchers described in subsections (b-1) | ||||||
16 | and (b-1.1) shall be paid by the State Comptroller and | ||||||
17 | Treasurer by warrants drawn on the funds appropriated to the | ||||||
18 | System for that fiscal year. | ||||||
19 | If in any month the amount remaining unexpended from all | ||||||
20 | other appropriations to the System for the applicable fiscal | ||||||
21 | year (including the appropriations to the System under Section | ||||||
22 | 8.12 of the State Finance Act and Section 1 of the State | ||||||
23 | Pension Funds Continuing Appropriation Act) is less than the | ||||||
24 | amount lawfully vouchered under this subsection, the | ||||||
25 | difference shall be paid from the Common School Fund under the | ||||||
26 | continuing appropriation authority provided in Section 1.1 of |
| |||||||
| |||||||
1 | the State Pension Funds Continuing Appropriation Act. | ||||||
2 | (b-2) Allocations from the Common School Fund apportioned | ||||||
3 | to school districts not coming under this System shall not be | ||||||
4 | diminished or affected by the provisions of this Article. | ||||||
5 | (b-3) For State fiscal years 2012 through 2045, the | ||||||
6 | minimum contribution to the System to be made by the State for | ||||||
7 | each fiscal year shall be an amount determined by the System to | ||||||
8 | be sufficient to bring the total assets of the System up to 90% | ||||||
9 | of the total actuarial liabilities of the System by the end of | ||||||
10 | State fiscal year 2045. In making these determinations, the | ||||||
11 | required State contribution shall be calculated each year as a | ||||||
12 | level percentage of payroll over the years remaining to and | ||||||
13 | including fiscal year 2045 and shall be determined under the | ||||||
14 | projected unit credit actuarial cost method. | ||||||
15 | For each of State fiscal years 2018, 2019, and 2020, the | ||||||
16 | State shall make an additional contribution to the System | ||||||
17 | equal to 2% of the total payroll of each employee who is deemed | ||||||
18 | to have elected the benefits under Section 1-161 or who has | ||||||
19 | made the election under subsection (c) of Section 1-161. | ||||||
20 | A change in an actuarial or investment assumption that | ||||||
21 | increases or decreases the required State contribution and | ||||||
22 | first applies in State fiscal year 2018 or thereafter shall be | ||||||
23 | implemented in equal annual amounts over a 5-year period | ||||||
24 | beginning in the State fiscal year in which the actuarial | ||||||
25 | change first applies to the required State contribution. | ||||||
26 | A change in an actuarial or investment assumption that |
| |||||||
| |||||||
1 | increases or decreases the required State contribution and | ||||||
2 | first applied to the State contribution in fiscal year 2014, | ||||||
3 | 2015, 2016, or 2017 shall be implemented: | ||||||
4 | (i) as already applied in State fiscal years before | ||||||
5 | 2018; and | ||||||
6 | (ii) in the portion of the 5-year period beginning in | ||||||
7 | the State fiscal year in which the actuarial change first | ||||||
8 | applied that occurs in State fiscal year 2018 or | ||||||
9 | thereafter, by calculating the change in equal annual | ||||||
10 | amounts over that 5-year period and then implementing it | ||||||
11 | at the resulting annual rate in each of the remaining | ||||||
12 | fiscal years in that 5-year period. | ||||||
13 | For State fiscal years 1996 through 2005, the State | ||||||
14 | contribution to the System, as a percentage of the applicable | ||||||
15 | employee payroll, shall be increased in equal annual | ||||||
16 | increments so that by State fiscal year 2011, the State is | ||||||
17 | contributing at the rate required under this Section; except | ||||||
18 | that in the following specified State fiscal years, the State | ||||||
19 | contribution to the System shall not be less than the | ||||||
20 | following indicated percentages of the applicable employee | ||||||
21 | payroll, even if the indicated percentage will produce a State | ||||||
22 | contribution in excess of the amount otherwise required under | ||||||
23 | this subsection and subsection (a), and notwithstanding any | ||||||
24 | contrary certification made under subsection (a-1) before May | ||||||
25 | 27, 1998 (the effective date of Public Act 90-582): 10.02% in | ||||||
26 | FY 1999; 10.77% in FY 2000; 11.47% in FY 2001; 12.16% in FY |
| |||||||
| |||||||
1 | 2002; 12.86% in FY 2003; and 13.56% in FY 2004. | ||||||
2 | Notwithstanding any other provision of this Article, the | ||||||
3 | total required State contribution for State fiscal year 2006 | ||||||
4 | is $534,627,700. | ||||||
5 | Notwithstanding any other provision of this Article, the | ||||||
6 | total required State contribution for State fiscal year 2007 | ||||||
7 | is $738,014,500. | ||||||
8 | For each of State fiscal years 2008 through 2009, the | ||||||
9 | State contribution to the System, as a percentage of the | ||||||
10 | applicable employee payroll, shall be increased in equal | ||||||
11 | annual increments from the required State contribution for | ||||||
12 | State fiscal year 2007, so that by State fiscal year 2011, the | ||||||
13 | State is contributing at the rate otherwise required under | ||||||
14 | this Section. | ||||||
15 | Notwithstanding any other provision of this Article, the | ||||||
16 | total required State contribution for State fiscal year 2010 | ||||||
17 | is $2,089,268,000 and shall be made from the proceeds of bonds | ||||||
18 | sold in fiscal year 2010 pursuant to Section 7.2 of the General | ||||||
19 | Obligation Bond Act, less (i) the pro rata share of bond sale | ||||||
20 | expenses determined by the System's share of total bond | ||||||
21 | proceeds, (ii) any amounts received from the Common School | ||||||
22 | Fund in fiscal year 2010, and (iii) any reduction in bond | ||||||
23 | proceeds due to the issuance of discounted bonds, if | ||||||
24 | applicable. | ||||||
25 | Notwithstanding any other provision of this Article, the | ||||||
26 | total required State contribution for State fiscal year 2011 |
| |||||||
| |||||||
1 | is the amount recertified by the System on or before April 1, | ||||||
2 | 2011 pursuant to subsection (a-1) of this Section and shall be | ||||||
3 | made from the proceeds of bonds sold in fiscal year 2011 | ||||||
4 | pursuant to Section 7.2 of the General Obligation Bond Act, | ||||||
5 | less (i) the pro rata share of bond sale expenses determined by | ||||||
6 | the System's share of total bond proceeds, (ii) any amounts | ||||||
7 | received from the Common School Fund in fiscal year 2011, and | ||||||
8 | (iii) any reduction in bond proceeds due to the issuance of | ||||||
9 | discounted bonds, if applicable. This amount shall include, in | ||||||
10 | addition to the amount certified by the System, an amount | ||||||
11 | necessary to meet employer contributions required by the State | ||||||
12 | as an employer under paragraph (e) of this Section, which may | ||||||
13 | also be used by the System for contributions required by | ||||||
14 | paragraph (a) of Section 16-127. | ||||||
15 | Beginning in State fiscal year 2046, the minimum State | ||||||
16 | contribution for each fiscal year shall be the amount needed | ||||||
17 | to maintain the total assets of the System at 90% of the total | ||||||
18 | actuarial liabilities of the System. | ||||||
19 | Amounts received by the System pursuant to Section 25 of | ||||||
20 | the Budget Stabilization Act or Section 8.12 of the State | ||||||
21 | Finance Act in any fiscal year do not reduce and do not | ||||||
22 | constitute payment of any portion of the minimum State | ||||||
23 | contribution required under this Article in that fiscal year. | ||||||
24 | Such amounts shall not reduce, and shall not be included in the | ||||||
25 | calculation of, the required State contributions under this | ||||||
26 | Article in any future year until the System has reached a |
| |||||||
| |||||||
1 | funding ratio of at least 90%. A reference in this Article to | ||||||
2 | the "required State contribution" or any substantially similar | ||||||
3 | term does not include or apply to any amounts payable to the | ||||||
4 | System under Section 25 of the Budget Stabilization Act. | ||||||
5 | Notwithstanding any other provision of this Section, the | ||||||
6 | required State contribution for State fiscal year 2005 and for | ||||||
7 | fiscal year 2008 and each fiscal year thereafter, as | ||||||
8 | calculated under this Section and certified under subsection | ||||||
9 | (a-1), shall not exceed an amount equal to (i) the amount of | ||||||
10 | the required State contribution that would have been | ||||||
11 | calculated under this Section for that fiscal year if the | ||||||
12 | System had not received any payments under subsection (d) of | ||||||
13 | Section 7.2 of the General Obligation Bond Act, minus (ii) the | ||||||
14 | portion of the State's total debt service payments for that | ||||||
15 | fiscal year on the bonds issued in fiscal year 2003 for the | ||||||
16 | purposes of that Section 7.2, as determined and certified by | ||||||
17 | the Comptroller, that is the same as the System's portion of | ||||||
18 | the total moneys distributed under subsection (d) of Section | ||||||
19 | 7.2 of the General Obligation Bond Act. In determining this | ||||||
20 | maximum for State fiscal years 2008 through 2010, however, the | ||||||
21 | amount referred to in item (i) shall be increased, as a | ||||||
22 | percentage of the applicable employee payroll, in equal | ||||||
23 | increments calculated from the sum of the required State | ||||||
24 | contribution for State fiscal year 2007 plus the applicable | ||||||
25 | portion of the State's total debt service payments for fiscal | ||||||
26 | year 2007 on the bonds issued in fiscal year 2003 for the |
| |||||||
| |||||||
1 | purposes of Section 7.2 of the General Obligation Bond Act, so | ||||||
2 | that, by State fiscal year 2011, the State is contributing at | ||||||
3 | the rate otherwise required under this Section. | ||||||
4 | (b-4) Beginning in fiscal year 2018, each employer under | ||||||
5 | this Article shall pay to the System a required contribution | ||||||
6 | determined as a percentage of projected payroll and sufficient | ||||||
7 | to produce an annual amount equal to: | ||||||
8 | (i) for each of fiscal years 2018, 2019, and 2020, the | ||||||
9 | defined benefit normal cost of the defined benefit plan, | ||||||
10 | less the employee contribution, for each employee of that | ||||||
11 | employer who has elected or who is deemed to have elected | ||||||
12 | the benefits under Section 1-161 or who has made the | ||||||
13 | election under subsection (b) of Section 1-161; for fiscal | ||||||
14 | year 2021 and each fiscal year thereafter, the defined | ||||||
15 | benefit normal cost of the defined benefit plan, less the | ||||||
16 | employee contribution, plus 2%, for each employee of that | ||||||
17 | employer who has elected or who is deemed to have elected | ||||||
18 | the benefits under Section 1-161 or who has made the | ||||||
19 | election under subsection (b) of Section 1-161; plus | ||||||
20 | (ii) the amount required for that fiscal year to | ||||||
21 | amortize any unfunded actuarial accrued liability | ||||||
22 | associated with the present value of liabilities | ||||||
23 | attributable to the employer's account under Section | ||||||
24 | 16-158.3, determined as a level percentage of payroll over | ||||||
25 | a 30-year rolling amortization period. | ||||||
26 | In determining contributions required under item (i) of |
| |||||||
| |||||||
1 | this subsection, the System shall determine an aggregate rate | ||||||
2 | for all employers, expressed as a percentage of projected | ||||||
3 | payroll. | ||||||
4 | In determining the contributions required under item (ii) | ||||||
5 | of this subsection, the amount shall be computed by the System | ||||||
6 | on the basis of the actuarial assumptions and tables used in | ||||||
7 | the most recent actuarial valuation of the System that is | ||||||
8 | available at the time of the computation. | ||||||
9 | The contributions required under this subsection (b-4) | ||||||
10 | shall be paid by an employer concurrently with that employer's | ||||||
11 | payroll payment period. The State, as the actual employer of | ||||||
12 | an employee, shall make the required contributions under this | ||||||
13 | subsection. | ||||||
14 | (c) Payment of the required State contributions and of all | ||||||
15 | pensions, retirement annuities, death benefits, refunds, and | ||||||
16 | other benefits granted under or assumed by this System, and | ||||||
17 | all expenses in connection with the administration and | ||||||
18 | operation thereof, are obligations of the State. | ||||||
19 | If members are paid from special trust or federal funds | ||||||
20 | which are administered by the employing unit, whether school | ||||||
21 | district or other unit, the employing unit shall pay to the | ||||||
22 | System from such funds the full accruing retirement costs | ||||||
23 | based upon that service, which, beginning July 1, 2017, shall | ||||||
24 | be at a rate, expressed as a percentage of salary, equal to the | ||||||
25 | total employer's normal cost, expressed as a percentage of | ||||||
26 | payroll, as determined by the System. Employer contributions, |
| |||||||
| |||||||
1 | based on salary paid to members from federal funds, may be | ||||||
2 | forwarded by the distributing agency of the State of Illinois | ||||||
3 | to the System prior to allocation, in an amount determined in | ||||||
4 | accordance with guidelines established by such agency and the | ||||||
5 | System. Any contribution for fiscal year 2015 collected as a | ||||||
6 | result of the change made by Public Act 98-674 shall be | ||||||
7 | considered a State contribution under subsection (b-3) of this | ||||||
8 | Section. | ||||||
9 | (d) Effective July 1, 1986, any employer of a teacher as | ||||||
10 | defined in paragraph (8) of Section 16-106 shall pay the | ||||||
11 | employer's normal cost of benefits based upon the teacher's | ||||||
12 | service, in addition to employee contributions, as determined | ||||||
13 | by the System. Such employer contributions shall be forwarded | ||||||
14 | monthly in accordance with guidelines established by the | ||||||
15 | System. | ||||||
16 | However, with respect to benefits granted under Section | ||||||
17 | 16-133.4 or 16-133.5 to a teacher as defined in paragraph (8) | ||||||
18 | of Section 16-106, the employer's contribution shall be 12% | ||||||
19 | (rather than 20%) of the member's highest annual salary rate | ||||||
20 | for each year of creditable service granted, and the employer | ||||||
21 | shall also pay the required employee contribution on behalf of | ||||||
22 | the teacher. For the purposes of Sections 16-133.4 and | ||||||
23 | 16-133.5, a teacher as defined in paragraph (8) of Section | ||||||
24 | 16-106 who is serving in that capacity while on leave of | ||||||
25 | absence from another employer under this Article shall not be | ||||||
26 | considered an employee of the employer from which the teacher |
| |||||||
| |||||||
1 | is on leave. | ||||||
2 | (e) Beginning July 1, 1998, every employer of a teacher | ||||||
3 | shall pay to the System an employer contribution computed as | ||||||
4 | follows: | ||||||
5 | (1) Beginning July 1, 1998 through June 30, 1999, the | ||||||
6 | employer contribution shall be equal to 0.3% of each | ||||||
7 | teacher's salary. | ||||||
8 | (2) Beginning July 1, 1999 and thereafter, the | ||||||
9 | employer contribution shall be equal to 0.58% of each | ||||||
10 | teacher's salary. | ||||||
11 | The school district or other employing unit may pay these | ||||||
12 | employer contributions out of any source of funding available | ||||||
13 | for that purpose and shall forward the contributions to the | ||||||
14 | System on the schedule established for the payment of member | ||||||
15 | contributions. | ||||||
16 | These employer contributions are intended to offset a | ||||||
17 | portion of the cost to the System of the increases in | ||||||
18 | retirement benefits resulting from Public Act 90-582. | ||||||
19 | Each employer of teachers is entitled to a credit against | ||||||
20 | the contributions required under this subsection (e) with | ||||||
21 | respect to salaries paid to teachers for the period January 1, | ||||||
22 | 2002 through June 30, 2003, equal to the amount paid by that | ||||||
23 | employer under subsection (a-5) of Section 6.6 of the State | ||||||
24 | Employees Group Insurance Act of 1971 with respect to salaries | ||||||
25 | paid to teachers for that period. | ||||||
26 | The additional 1% employee contribution required under |
| |||||||
| |||||||
1 | Section 16-152 by Public Act 90-582 is the responsibility of | ||||||
2 | the teacher and not the teacher's employer, unless the | ||||||
3 | employer agrees, through collective bargaining or otherwise, | ||||||
4 | to make the contribution on behalf of the teacher. | ||||||
5 | If an employer is required by a contract in effect on May | ||||||
6 | 1, 1998 between the employer and an employee organization to | ||||||
7 | pay, on behalf of all its full-time employees covered by this | ||||||
8 | Article, all mandatory employee contributions required under | ||||||
9 | this Article, then the employer shall be excused from paying | ||||||
10 | the employer contribution required under this subsection (e) | ||||||
11 | for the balance of the term of that contract. The employer and | ||||||
12 | the employee organization shall jointly certify to the System | ||||||
13 | the existence of the contractual requirement, in such form as | ||||||
14 | the System may prescribe. This exclusion shall cease upon the | ||||||
15 | termination, extension, or renewal of the contract at any time | ||||||
16 | after May 1, 1998. | ||||||
17 | (f) If the amount of a teacher's salary for any school year | ||||||
18 | used to determine final average salary exceeds the member's | ||||||
19 | annual full-time salary rate with the same employer for the | ||||||
20 | previous school year by more than 6%, the teacher's employer | ||||||
21 | shall pay to the System, in addition to all other payments | ||||||
22 | required under this Section and in accordance with guidelines | ||||||
23 | established by the System, the present value of the increase | ||||||
24 | in benefits resulting from the portion of the increase in | ||||||
25 | salary that is in excess of 6%. This present value shall be | ||||||
26 | computed by the System on the basis of the actuarial |
| |||||||
| |||||||
1 | assumptions and tables used in the most recent actuarial | ||||||
2 | valuation of the System that is available at the time of the | ||||||
3 | computation. If a teacher's salary for the 2005-2006 school | ||||||
4 | year is used to determine final average salary under this | ||||||
5 | subsection (f), then the changes made to this subsection (f) | ||||||
6 | by Public Act 94-1057 shall apply in calculating whether the | ||||||
7 | increase in his or her salary is in excess of 6%. For the | ||||||
8 | purposes of this Section, change in employment under Section | ||||||
9 | 10-21.12 of the School Code on or after June 1, 2005 shall | ||||||
10 | constitute a change in employer. The System may require the | ||||||
11 | employer to provide any pertinent information or | ||||||
12 | documentation. The changes made to this subsection (f) by | ||||||
13 | Public Act 94-1111 apply without regard to whether the teacher | ||||||
14 | was in service on or after its effective date. | ||||||
15 | Whenever it determines that a payment is or may be | ||||||
16 | required under this subsection, the System shall calculate the | ||||||
17 | amount of the payment and bill the employer for that amount. | ||||||
18 | The bill shall specify the calculations used to determine the | ||||||
19 | amount due. If the employer disputes the amount of the bill, it | ||||||
20 | may, within 30 days after receipt of the bill, apply to the | ||||||
21 | System in writing for a recalculation. The application must | ||||||
22 | specify in detail the grounds of the dispute and, if the | ||||||
23 | employer asserts that the calculation is subject to subsection | ||||||
24 | (g), (g-5), (g-10), (g-15), or (h) of this Section, must | ||||||
25 | include an affidavit setting forth and attesting to all facts | ||||||
26 | within the employer's knowledge that are pertinent to the |
| |||||||
| |||||||
1 | applicability of that subsection. Upon receiving a timely | ||||||
2 | application for recalculation, the System shall review the | ||||||
3 | application and, if appropriate, recalculate the amount due. | ||||||
4 | The employer contributions required under this subsection | ||||||
5 | (f) may be paid in the form of a lump sum within 90 days after | ||||||
6 | receipt of the bill. If the employer contributions are not | ||||||
7 | paid within 90 days after receipt of the bill, then interest | ||||||
8 | will be charged at a rate equal to the System's annual | ||||||
9 | actuarially assumed rate of return on investment compounded | ||||||
10 | annually from the 91st day after receipt of the bill. Payments | ||||||
11 | must be concluded within 3 years after the employer's receipt | ||||||
12 | of the bill. | ||||||
13 | (f-1) (Blank). | ||||||
14 | (g) This subsection (g) applies only to payments made or | ||||||
15 | salary increases given on or after June 1, 2005 but before July | ||||||
16 | 1, 2011. The changes made by Public Act 94-1057 shall not | ||||||
17 | require the System to refund any payments received before July | ||||||
18 | 31, 2006 (the effective date of Public Act 94-1057). | ||||||
19 | When assessing payment for any amount due under subsection | ||||||
20 | (f), the System shall exclude salary increases paid to | ||||||
21 | teachers under contracts or collective bargaining agreements | ||||||
22 | entered into, amended, or renewed before June 1, 2005. | ||||||
23 | When assessing payment for any amount due under subsection | ||||||
24 | (f), the System shall exclude salary increases paid to a | ||||||
25 | teacher at a time when the teacher is 10 or more years from | ||||||
26 | retirement eligibility under Section 16-132 or 16-133.2. |
| |||||||
| |||||||
1 | When assessing payment for any amount due under subsection | ||||||
2 | (f), the System shall exclude salary increases resulting from | ||||||
3 | overload work, including summer school, when the school | ||||||
4 | district has certified to the System, and the System has | ||||||
5 | approved the certification, that (i) the overload work is for | ||||||
6 | the sole purpose of classroom instruction in excess of the | ||||||
7 | standard number of classes for a full-time teacher in a school | ||||||
8 | district during a school year and (ii) the salary increases | ||||||
9 | are equal to or less than the rate of pay for classroom | ||||||
10 | instruction computed on the teacher's current salary and work | ||||||
11 | schedule. | ||||||
12 | When assessing payment for any amount due under subsection | ||||||
13 | (f), the System shall exclude a salary increase resulting from | ||||||
14 | a promotion (i) for which the employee is required to hold a | ||||||
15 | certificate or supervisory endorsement issued by the State | ||||||
16 | Teacher Certification Board that is a different certification | ||||||
17 | or supervisory endorsement than is required for the teacher's | ||||||
18 | previous position and (ii) to a position that has existed and | ||||||
19 | been filled by a member for no less than one complete academic | ||||||
20 | year and the salary increase from the promotion is an increase | ||||||
21 | that results in an amount no greater than the lesser of the | ||||||
22 | average salary paid for other similar positions in the | ||||||
23 | district requiring the same certification or the amount | ||||||
24 | stipulated in the collective bargaining agreement for a | ||||||
25 | similar position requiring the same certification. | ||||||
26 | When assessing payment for any amount due under subsection |
| |||||||
| |||||||
1 | (f), the System shall exclude any payment to the teacher from | ||||||
2 | the State of Illinois or the State Board of Education over | ||||||
3 | which the employer does not have discretion, notwithstanding | ||||||
4 | that the payment is included in the computation of final | ||||||
5 | average salary. | ||||||
6 | (g-5) When assessing payment for any amount due under | ||||||
7 | subsection (f), the System shall exclude salary increases | ||||||
8 | resulting from overload or stipend work performed in a school | ||||||
9 | year subsequent to a school year in which the employer was | ||||||
10 | unable to offer or allow to be conducted overload or stipend | ||||||
11 | work due to an emergency declaration limiting such activities. | ||||||
12 | (g-10) When assessing payment for any amount due under | ||||||
13 | subsection (f), the System shall exclude salary increases | ||||||
14 | resulting from increased instructional time that exceeded the | ||||||
15 | instructional time required during the 2019-2020 school year. | ||||||
16 | (g-15) When assessing payment for any amount due under | ||||||
17 | subsection (f), the System shall exclude salary increases | ||||||
18 | resulting from teaching summer school on or after May 1, 2021 | ||||||
19 | and before September 15, 2022. | ||||||
20 | (h) When assessing payment for any amount due under | ||||||
21 | subsection (f), the System shall exclude any salary increase | ||||||
22 | described in subsection (g) of this Section given on or after | ||||||
23 | July 1, 2011 but before July 1, 2014 under a contract or | ||||||
24 | collective bargaining agreement entered into, amended, or | ||||||
25 | renewed on or after June 1, 2005 but before July 1, 2011. | ||||||
26 | Notwithstanding any other provision of this Section, any |
| |||||||
| |||||||
1 | payments made or salary increases given after June 30, 2014 | ||||||
2 | shall be used in assessing payment for any amount due under | ||||||
3 | subsection (f) of this Section. | ||||||
4 | (i) The System shall prepare a report and file copies of | ||||||
5 | the report with the Governor and the General Assembly by | ||||||
6 | January 1, 2007 that contains all of the following | ||||||
7 | information: | ||||||
8 | (1) The number of recalculations required by the | ||||||
9 | changes made to this Section by Public Act 94-1057 for | ||||||
10 | each employer. | ||||||
11 | (2) The dollar amount by which each employer's | ||||||
12 | contribution to the System was changed due to | ||||||
13 | recalculations required by Public Act 94-1057. | ||||||
14 | (3) The total amount the System received from each | ||||||
15 | employer as a result of the changes made to this Section by | ||||||
16 | Public Act 94-4. | ||||||
17 | (4) The increase in the required State contribution | ||||||
18 | resulting from the changes made to this Section by Public | ||||||
19 | Act 94-1057. | ||||||
20 | (i-5) For school years beginning on or after July 1, 2017, | ||||||
21 | if the amount of a participant's salary for any school year | ||||||
22 | exceeds the amount of the salary set for the Governor, the | ||||||
23 | participant's employer shall pay to the System, in addition to | ||||||
24 | all other payments required under this Section and in | ||||||
25 | accordance with guidelines established by the System, an | ||||||
26 | amount determined by the System to be equal to the employer |
| |||||||
| |||||||
1 | normal cost, as established by the System and expressed as a | ||||||
2 | total percentage of payroll, multiplied by the amount of | ||||||
3 | salary in excess of the amount of the salary set for the | ||||||
4 | Governor. This amount shall be computed by the System on the | ||||||
5 | basis of the actuarial assumptions and tables used in the most | ||||||
6 | recent actuarial valuation of the System that is available at | ||||||
7 | the time of the computation. The System may require the | ||||||
8 | employer to provide any pertinent information or | ||||||
9 | documentation. | ||||||
10 | Whenever it determines that a payment is or may be | ||||||
11 | required under this subsection, the System shall calculate the | ||||||
12 | amount of the payment and bill the employer for that amount. | ||||||
13 | The bill shall specify the calculations used to determine the | ||||||
14 | amount due. If the employer disputes the amount of the bill, it | ||||||
15 | may, within 30 days after receipt of the bill, apply to the | ||||||
16 | System in writing for a recalculation. The application must | ||||||
17 | specify in detail the grounds of the dispute. Upon receiving a | ||||||
18 | timely application for recalculation, the System shall review | ||||||
19 | the application and, if appropriate, recalculate the amount | ||||||
20 | due. | ||||||
21 | The employer contributions required under this subsection | ||||||
22 | may be paid in the form of a lump sum within 90 days after | ||||||
23 | receipt of the bill. If the employer contributions are not | ||||||
24 | paid within 90 days after receipt of the bill, then interest | ||||||
25 | will be charged at a rate equal to the System's annual | ||||||
26 | actuarially assumed rate of return on investment compounded |
| |||||||
| |||||||
1 | annually from the 91st day after receipt of the bill. Payments | ||||||
2 | must be concluded within 3 years after the employer's receipt | ||||||
3 | of the bill. | ||||||
4 | (j) For purposes of determining the required State | ||||||
5 | contribution to the System, the value of the System's assets | ||||||
6 | shall be equal to the actuarial value of the System's assets, | ||||||
7 | which shall be calculated as follows: | ||||||
8 | As of June 30, 2008, the actuarial value of the System's | ||||||
9 | assets shall be equal to the market value of the assets as of | ||||||
10 | that date. In determining the actuarial value of the System's | ||||||
11 | assets for fiscal years after June 30, 2008, any actuarial | ||||||
12 | gains or losses from investment return incurred in a fiscal | ||||||
13 | year shall be recognized in equal annual amounts over the | ||||||
14 | 5-year period following that fiscal year. | ||||||
15 | (k) For purposes of determining the required State | ||||||
16 | contribution to the system for a particular year, the | ||||||
17 | actuarial value of assets shall be assumed to earn a rate of | ||||||
18 | return equal to the system's actuarially assumed rate of | ||||||
19 | return. | ||||||
20 | (Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; | ||||||
21 | 102-16, eff. 6-17-21; 102-525, eff. 8-20-21; 102-558, eff. | ||||||
22 | 8-20-21; 102-813, eff. 5-13-22.) | ||||||
23 | (40 ILCS 5/18-140) (from Ch. 108 1/2, par. 18-140) | ||||||
24 | Sec. 18-140. To certify required State contributions and | ||||||
25 | submit vouchers. |
| |||||||
| |||||||
1 | (a) The Board shall certify to the Governor, on or before | ||||||
2 | November 15 of each year until November 15, 2011, the amount of | ||||||
3 | the required State contribution to the System for the | ||||||
4 | following fiscal year and shall specifically identify the | ||||||
5 | System's projected State normal cost for that fiscal year. The | ||||||
6 | certification shall include a copy of the actuarial | ||||||
7 | recommendations upon which it is based and shall specifically | ||||||
8 | identify the System's projected State normal cost for that | ||||||
9 | fiscal year. | ||||||
10 | On or before November 1 of each year, beginning November | ||||||
11 | 1, 2012, the Board shall submit to the State Actuary, the | ||||||
12 | Governor, and the General Assembly a proposed certification of | ||||||
13 | the amount of the required State contribution to the System | ||||||
14 | for the next fiscal year, along with all of the actuarial | ||||||
15 | assumptions, calculations, and data upon which that proposed | ||||||
16 | certification is based. On or before January 1 of each year | ||||||
17 | beginning January 1, 2013, the State Actuary shall issue a | ||||||
18 | preliminary report concerning the proposed certification and | ||||||
19 | identifying, if necessary, recommended changes in actuarial | ||||||
20 | assumptions that the Board must consider before finalizing its | ||||||
21 | certification of the required State contributions. On or | ||||||
22 | before January 15, 2013 and every January 15 thereafter, the | ||||||
23 | Board shall certify to the Governor and the General Assembly | ||||||
24 | the amount of the required State contribution for the next | ||||||
25 | fiscal year. The Board's certification must note any | ||||||
26 | deviations from the State Actuary's recommended changes, the |
| |||||||
| |||||||
1 | reason or reasons for not following the State Actuary's | ||||||
2 | recommended changes, and the fiscal impact of not following | ||||||
3 | the State Actuary's recommended changes on the required State | ||||||
4 | contribution. | ||||||
5 | On or before May 1, 2004, the Board shall recalculate and | ||||||
6 | recertify to the Governor the amount of the required State | ||||||
7 | contribution to the System for State fiscal year 2005, taking | ||||||
8 | into account the amounts appropriated to and received by the | ||||||
9 | System under subsection (d) of Section 7.2 of the General | ||||||
10 | Obligation Bond Act. | ||||||
11 | On or before July 1, 2005, the Board shall recalculate and | ||||||
12 | recertify to the Governor the amount of the required State | ||||||
13 | contribution to the System for State fiscal year 2006, taking | ||||||
14 | into account the changes in required State contributions made | ||||||
15 | by this amendatory Act of the 94th General Assembly. | ||||||
16 | On or before April 1, 2011, the Board shall recalculate | ||||||
17 | and recertify to the Governor the amount of the required State | ||||||
18 | contribution to the System for State fiscal year 2011, | ||||||
19 | applying the changes made by Public Act 96-889 to the System's | ||||||
20 | assets and liabilities as of June 30, 2009 as though Public Act | ||||||
21 | 96-889 was approved on that date. | ||||||
22 | By November 1, 2017, the Board shall recalculate and | ||||||
23 | recertify to the State Actuary, the Governor, and the General | ||||||
24 | Assembly the amount of the State contribution to the System | ||||||
25 | for State fiscal year 2018, taking into account the changes in | ||||||
26 | required State contributions made by this amendatory Act of |
| |||||||
| |||||||
1 | the 100th General Assembly. The State Actuary shall review the | ||||||
2 | assumptions and valuations underlying the Board's revised | ||||||
3 | certification and issue a preliminary report concerning the | ||||||
4 | proposed recertification and identifying, if necessary, | ||||||
5 | recommended changes in actuarial assumptions that the Board | ||||||
6 | must consider before finalizing its certification of the | ||||||
7 | required State contributions. The Board's final certification | ||||||
8 | must note any deviations from the State Actuary's recommended | ||||||
9 | changes, the reason or reasons for not following the State | ||||||
10 | Actuary's recommended changes, and the fiscal impact of not | ||||||
11 | following the State Actuary's recommended changes on the | ||||||
12 | required State contribution. | ||||||
13 | (b) Unless otherwise directed by the Comptroller under | ||||||
14 | subsection (b-1), Beginning in State fiscal year 1996, on or | ||||||
15 | as soon as possible after the 15th day of each month the Board | ||||||
16 | shall submit vouchers for payment of State contributions to | ||||||
17 | the System for the applicable month on the 15th day of each | ||||||
18 | month, or as soon thereafter as may be practicable. The amount | ||||||
19 | vouchered for a monthly payment shall total , in a total | ||||||
20 | monthly amount of one-twelfth of the required annual State | ||||||
21 | contribution certified under subsection (a). | ||||||
22 | (b-1) Beginning in State fiscal year 2025, if the | ||||||
23 | Comptroller requests that the Board submit, during a State | ||||||
24 | fiscal year, vouchers for multiple monthly payments for the | ||||||
25 | advance payment of State contributions due to the System for | ||||||
26 | that State fiscal year, then the Board shall submit those |
| |||||||
| |||||||
1 | additional vouchers as directed by the Comptroller, | ||||||
2 | notwithstanding subsection (b). Unless an act of | ||||||
3 | appropriations provides otherwise, nothing in this Section | ||||||
4 | authorizes the Board to submit, in a State fiscal year, | ||||||
5 | vouchers for the payment of State contributions to the System | ||||||
6 | in an amount that exceeds the rate of payroll that is certified | ||||||
7 | by the System under this Section for that State fiscal year. | ||||||
8 | From the effective date of this amendatory Act of the 93rd | ||||||
9 | General Assembly through June 30, 2004, the Board shall not | ||||||
10 | submit vouchers for the remainder of fiscal year 2004 in | ||||||
11 | excess of the fiscal year 2004 certified contribution amount | ||||||
12 | determined under this Section after taking into consideration | ||||||
13 | the transfer to the System under subsection (c) of Section | ||||||
14 | 6z-61 of the State Finance Act. | ||||||
15 | (b-2) The These vouchers described in subsections (b) and | ||||||
16 | (b-1) shall be paid by the State Comptroller and Treasurer by | ||||||
17 | warrants drawn on the funds appropriated to the System for | ||||||
18 | that fiscal year. | ||||||
19 | If in any month the amount remaining unexpended from all | ||||||
20 | other appropriations to the System for the applicable fiscal | ||||||
21 | year (including the appropriations to the System under Section | ||||||
22 | 8.12 of the State Finance Act and Section 1 of the State | ||||||
23 | Pension Funds Continuing Appropriation Act) is less than the | ||||||
24 | amount lawfully vouchered under this Section, the difference | ||||||
25 | shall be paid from the General Revenue Fund under the | ||||||
26 | continuing appropriation authority provided in Section 1.1 of |
| |||||||
| |||||||
1 | the State Pension Funds Continuing Appropriation Act. | ||||||
2 | (Source: P.A. 100-23, eff. 7-6-17.) | ||||||
3 | Section 99. Effective date. This Act takes effect July 1, | ||||||
4 | 2024. |