SB0035sam004 98TH GENERAL ASSEMBLY

Sen. Daniel Biss

Filed: 3/19/2013

09800SB0035sam004 LRB098 05472 JDS 43550 a

AMENDMENT TO SENATE BILL 35

AMENDMENT NO. ______. Amend Senate Bill 35, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 1, as follows:

on page 26, by replacing lines 13 through 15 with the following: "Assembly shall be 3% of the lesser of (1) the total annuity payable at the time of the increase, including previous increases granted, or (2) $1,000 multiplied by the number of years of creditable service upon which the annuity is based."; and

on page 39, by replacing lines 14 through 16 with "available to the System"; and

on page 39, by replacing line 19 with the following: "It shall be the mandatory fiduciary obligation of the Board of the System to bring that action if the State fails to pay in the fiscal year the amount guaranteed under this subsection. Before commencing that action, the Board shall submit a voucher for monthly contributions as required in Section 2-124. If the State fails to pay a vouchered amount within 90 days after receiving a voucher for that amount, then the Board shall submit a written request to the Comptroller seeking payment of that amount. A copy of the request shall be filed with the Secretary of State, and the Secretary of State shall provide copies of the request to the Governor and General Assembly. No earlier than the 16th day after filing a request with the Secretary, but no later than the 21st day after filing that request, the Board may commence such an action in the Circuit Court. If the Board fails to commence such action on or before the 21st day after filing the request with the Secretary of State, then any participant or annuitant may file a mandamus action against the Board to compel the Board to commence its mandamus action against the State. This Section constitutes an express waiver of the State's sovereign immunity. In ordering the State to make the required payment, the court may order a reasonable payment schedule to enable the State to make the required payment. The obligations and causes of action created under this subsection shall be in addition to any other right or remedy otherwise accorded by common law, or State or federal law, and nothing in this subsection shall be construed to deny, abrogate, impair, or waive any such common law or statutory right or remedy.

Any payments required to be made by the State pursuant to"; and

on page 81, by replacing lines 10 through 13 with the following: "Assembly shall be 3% of the lesser of (1) the total annuity payable at the time of the increase, including previous increases granted or (2) $800 ($1,000 if the annuity is based primarily upon service as a noncovered employee) multiplied by the number of years of creditable service upon which the annuity is based."; and

on page 96, by replacing lines 19 through 21 with "available to the System"; and

on page 96, by replacing line 24 with the following: "It shall be the mandatory fiduciary obligation of the Board of the System to bring that action if the State fails to pay in the fiscal year the amount guaranteed under this subsection. Before commencing that action, the Board shall submit a voucher for monthly contributions as required in Section 14-131. If the State fails to pay a vouchered amount within 90 days after receiving a voucher for that amount, then the Board shall submit a written request to the Comptroller seeking payment of that amount. A copy of the request shall be filed with the Secretary of State, and the Secretary of State shall provide copies of the request to the Governor and General Assembly. No earlier than the 16th day after filing a request with the Secretary, but no later than the 21st day after filing that request, the Board may commence such an action in the Circuit Court. If the Board fails to commence such action on or before the 21st day after filing the request with the Secretary of State, then any participant or annuitant may file a mandamus action against the Board to compel the Board to commence its mandamus action against the State. This Section constitutes an express waiver of the State's sovereign immunity. In ordering the State to make the required payment, the court may order a reasonable payment schedule to enable the State to make the required payment. The obligations and causes of action created under this subsection shall be in addition to any other right or remedy otherwise accorded by common law, or State or federal law, and nothing in this subsection shall be construed to deny, abrogate, impair, or waive any such common law or statutory right or remedy.

Any payments required to be made by the State pursuant to"; and

on page 122, by replacing lines 24 through 26 with the following: "Assembly shall be 3% of the lesser of (1) the total annuity payable at the time of the increase, including previous increases granted or (2) $1,000 multiplied by the number of years of creditable service upon which the annuity is based."; and

on page 145, by replacing lines 7 through 9 with "available to the System"; and

on page 145, by replacing line 12 with the following: "It shall be the mandatory fiduciary obligation of the Board of the System to bring that action if the State fails to pay in the fiscal year the amount guaranteed under this subsection. Before commencing that action, the Board shall submit a voucher for monthly contributions as required in Section 15-155. If the State fails to pay a vouchered amount within 90 days after receiving a voucher for that amount, then the Board shall submit a written request to the Comptroller seeking payment of that amount. A copy of the request shall be filed with the Secretary of State, and the Secretary of State shall provide copies of the request to the Governor and General Assembly. No earlier than the 16th day after filing a request with the Secretary, but no later than the 21st day after filing that request, the Board may commence such an action in the Circuit Court. If the Board fails to commence such action on or before the 21st day after filing the request with the Secretary of State, then any participant or annuitant may file a mandamus action against the Board to compel the Board to commence its mandamus action against the State. This Section constitutes an express waiver of the State's sovereign immunity. In ordering the State to make the required payment, the court may order a reasonable payment schedule to enable the State to make the required payment. The obligations and causes of action created under this subsection shall be in addition to any other right or remedy otherwise accorded by common law, or State or federal law, and nothing in this subsection shall be construed to deny, abrogate, impair, or waive any such common law or statutory right or remedy.

Any payments required to be made by the State pursuant to"; and

on page 177, by replacing lines 3 through 5 with the following: "Assembly shall be 3% of the lesser of (1) the total annuity payable at the time of the increase, including previous increases granted or (2) $1,000 multiplied by the number of years of creditable service upon which the annuity is based."; and on page 210, by replacing lines 2 through 4 with "available to the System"; and

on page 210, by replacing line 7 with the following: "It shall be the mandatory fiduciary obligation of the Board of the System to bring that action if the State fails to pay in the fiscal year the amount guaranteed under this Section. Before commencing that action, the Board shall submit a voucher for monthly contributions as required in Section 16-158. If the State fails to pay a vouchered amount within 90 days after receiving a voucher for that amount, then the Board shall submit a written request to the Comptroller seeking payment of that amount. A copy of the request shall be filed with the Secretary of State, and the Secretary of State shall provide copies of the request to the Governor and General Assembly. No earlier than the 16th day after filing a request with the Secretary, but no later than the 21st day after filing that request, the Board may commence such an action in the Circuit Court. If the Board fails to commence such action on or before the 21st day after filing the request with the Secretary of State, then any participant or annuitant may file a mandamus action against the Board to compel the Board to commence its mandamus action against the State. This Section constitutes an express waiver of the State's sovereign immunity. In ordering the State to make the required payment, the court may order a reasonable payment schedule to enable the State to make the required payment. The obligations and causes of action created under this subsection shall be in addition to any other right or remedy otherwise accorded by common law, or State or federal law, and nothing in this Section shall be construed to deny, abrogate, impair, or waive any such common law or statutory right or remedy.

Any payments required to be made by the State pursuant to".