97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0470

 

Introduced 01/31/11, by Rep. Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/14.1  from Ch. 127, par. 150.1

    Amends the State Finance Act. Makes a technical change in a Section concerning the State Employees' Retirement System.


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A BILL FOR

 

HB0470LRB097 03297 PJG 43334 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by changing
5Section 14.1 as follows:
 
6    (30 ILCS 105/14.1)   (from Ch. 127, par. 150.1)
7    Sec. 14.1. Appropriations for State contributions to the
8State Employees' Retirement System; payroll requirements.
9    (a) Appropriations for State contributions to the the State
10Employees' Retirement System of Illinois shall be expended in
11the manner provided in this Section. Except as otherwise
12provided in subsections (a-1) and (a-2), at the time of each
13payment of salary to an employee under the personal services
14line item, payment shall be made to the State Employees'
15Retirement System, from the amount appropriated for State
16contributions to the State Employees' Retirement System, of an
17amount calculated at the rate certified for the applicable
18fiscal year by the Board of Trustees of the State Employees'
19Retirement System under Section 14-135.08 of the Illinois
20Pension Code. If a line item appropriation to an employer for
21this purpose is exhausted or is unavailable due to any
22limitation on appropriations that may apply, (including, but
23not limited to, limitations on appropriations from the Road

 

 

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1Fund under Section 8.3 of the State Finance Act), the amounts
2shall be paid under the continuing appropriation for this
3purpose contained in the State Pension Funds Continuing
4Appropriation Act.
5    (a-1) Beginning on the effective date of this amendatory
6Act of the 93rd General Assembly through the payment of the
7final payroll from fiscal year 2004 appropriations,
8appropriations for State contributions to the State Employees'
9Retirement System of Illinois shall be expended in the manner
10provided in this subsection (a-1). At the time of each payment
11of salary to an employee under the personal services line item
12from a fund other than the General Revenue Fund, payment shall
13be made for deposit into the General Revenue Fund from the
14amount appropriated for State contributions to the State
15Employees' Retirement System of an amount calculated at the
16rate certified for fiscal year 2004 by the Board of Trustees of
17the State Employees' Retirement System under Section 14-135.08
18of the Illinois Pension Code. This payment shall be made to the
19extent that a line item appropriation to an employer for this
20purpose is available or unexhausted. No payment from
21appropriations for State contributions shall be made in
22conjunction with payment of salary to an employee under the
23personal services line item from the General Revenue Fund.
24    (a-2) For fiscal year 2010 only, at the time of each
25payment of salary to an employee under the personal services
26line item from a fund other than the General Revenue Fund,

 

 

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1payment shall be made for deposit into the State Employees'
2Retirement System of Illinois from the amount appropriated for
3State contributions to the State Employees' Retirement System
4of Illinois of an amount calculated at the rate certified for
5fiscal year 2010 by the Board of Trustees of the State
6Employees' Retirement System of Illinois under Section
714-135.08 of the Illinois Pension Code. This payment shall be
8made to the extent that a line item appropriation to an
9employer for this purpose is available or unexhausted. For
10fiscal year 2010 only, no payment from appropriations for State
11contributions shall be made in conjunction with payment of
12salary to an employee under the personal services line item
13from the General Revenue Fund.
14    (a-3) For fiscal year 2011 only, at the time of each
15payment of salary to an employee under the personal services
16line item from a fund other than the General Revenue Fund,
17payment shall be made for deposit into the State Employees'
18Retirement System of Illinois from the amount appropriated for
19State contributions to the State Employees' Retirement System
20of Illinois of an amount calculated at the rate certified for
21fiscal year 2011 by the Board of Trustees of the State
22Employees' Retirement System of Illinois under Section
2314-135.08 of the Illinois Pension Code. This payment shall be
24made to the extent that a line item appropriation to an
25employer for this purpose is available or unexhausted. For
26fiscal year 2011 only, no payment from appropriations for State

 

 

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1contributions shall be made in conjunction with payment of
2salary to an employee under the personal services line item
3from the General Revenue Fund.
4    (b) Except during the period beginning on the effective
5date of this amendatory Act of the 93rd General Assembly and
6ending at the time of the payment of the final payroll from
7fiscal year 2004 appropriations, the State Comptroller shall
8not approve for payment any payroll voucher that (1) includes
9payments of salary to eligible employees in the State
10Employees' Retirement System of Illinois and (2) does not
11include the corresponding payment of State contributions to
12that retirement system at the full rate certified under Section
1314-135.08 for that fiscal year for eligible employees, unless
14the balance in the fund on which the payroll voucher is drawn
15is insufficient to pay the total payroll voucher, or
16unavailable due to any limitation on appropriations that may
17apply, including, but not limited to, limitations on
18appropriations from the Road Fund under Section 8.3 of the
19State Finance Act. If the State Comptroller approves a payroll
20voucher under this Section for which the fund balance is
21insufficient to pay the full amount of the required State
22contribution to the State Employees' Retirement System, the
23Comptroller shall promptly so notify the Retirement System.
24    (b-1) For fiscal year 2010 only, the State Comptroller
25shall not approve for payment any non-General Revenue Fund
26payroll voucher that (1) includes payments of salary to

 

 

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1eligible employees in the State Employees' Retirement System of
2Illinois and (2) does not include the corresponding payment of
3State contributions to that retirement system at the full rate
4certified under Section 14-135.08 for that fiscal year for
5eligible employees, unless the balance in the fund on which the
6payroll voucher is drawn is insufficient to pay the total
7payroll voucher, or unavailable due to any limitation on
8appropriations that may apply, including, but not limited to,
9limitations on appropriations from the Road Fund under Section
108.3 of the State Finance Act. If the State Comptroller approves
11a payroll voucher under this Section for which the fund balance
12is insufficient to pay the full amount of the required State
13contribution to the State Employees' Retirement System of
14Illinois, the Comptroller shall promptly so notify the
15retirement system.
16    (c) Notwithstanding any other provisions of law, beginning
17July 1, 2007, required State and employee contributions to the
18State Employees' Retirement System of Illinois relating to
19affected legislative staff employees shall be paid out of
20moneys appropriated for that purpose to the Commission on
21Government Forecasting and Accountability, rather than out of
22the lump-sum appropriations otherwise made for the payroll and
23other costs of those employees.
24    These payments must be made pursuant to payroll vouchers
25submitted by the employing entity as part of the regular
26payroll voucher process.

 

 

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1    For the purpose of this subsection, "affected legislative
2staff employees" means legislative staff employees paid out of
3lump-sum appropriations made to the General Assembly, an
4Officer of the General Assembly, or the Senate Operations
5Commission, but does not include district-office staff or
6employees of legislative support services agencies.
7(Source: P.A. 95-707, eff. 1-11-08; 96-45, eff. 7-15-09;
896-958, eff. 7-1-10.)