98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3871

 

Introduced , 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

 

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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), (a-2), (a-3), and (a-4) at the
13time of each payment of salary to an employee under the
14personal services line item, payment shall be made to the State
15Employees' Retirement System, from the amount appropriated for
16State contributions to the State Employees' Retirement System,
17of an amount calculated at the rate certified for the
18applicable fiscal year by the Board of Trustees of the State
19Employees' Retirement System under Section 14-135.08 of the
20Illinois Pension Code. If a line item appropriation to an
21employer for this purpose is exhausted or is unavailable due to
22any limitation on appropriations that may apply, (including,
23but not 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    (a-4) In fiscal years 2012 through 2014 only, at the time
5of each payment of salary to an employee under the personal
6services line item from a fund other than the General Revenue
7Fund, payment shall be made for deposit into the State
8Employees' Retirement System of Illinois from the amount
9appropriated for State contributions to the State Employees'
10Retirement System of Illinois of an amount calculated at the
11rate certified for the applicable fiscal year by the Board of
12Trustees of the State Employees' Retirement System of Illinois
13under Section 14-135.08 of the Illinois Pension Code. In fiscal
14years 2012 through 2014 only, no payment from appropriations
15for State contributions shall be made in conjunction with
16payment of salary to an employee under the personal services
17line item from the General Revenue Fund.
18    (b) Except during the period beginning on the effective
19date of this amendatory Act of the 93rd General Assembly and
20ending at the time of the payment of the final payroll from
21fiscal year 2004 appropriations, the State Comptroller shall
22not approve for payment any payroll voucher that (1) includes
23payments of salary to eligible employees in the State
24Employees' Retirement System of Illinois and (2) does not
25include the corresponding payment of State contributions to
26that retirement system at the full rate certified under Section

 

 

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114-135.08 for that fiscal year for eligible employees, unless
2the balance in the fund on which the payroll voucher is drawn
3is insufficient to pay the total payroll voucher, or
4unavailable due to any limitation on appropriations that may
5apply, including, but not limited to, limitations on
6appropriations from the Road Fund under Section 8.3 of the
7State Finance Act. If the State Comptroller approves a payroll
8voucher under this Section for which the fund balance is
9insufficient to pay the full amount of the required State
10contribution to the State Employees' Retirement System, the
11Comptroller shall promptly so notify the Retirement System.
12    (b-1) For fiscal year 2010 and fiscal year 2011 only, the
13State Comptroller shall not approve for payment any non-General
14Revenue Fund payroll voucher that (1) includes payments of
15salary to eligible employees in the State Employees' Retirement
16System of Illinois and (2) does not include the corresponding
17payment of State contributions to that retirement system at the
18full rate certified under Section 14-135.08 for that fiscal
19year for eligible employees, unless the balance in the fund on
20which the payroll voucher is drawn is insufficient to pay the
21total payroll voucher, or unavailable due to any limitation on
22appropriations that may apply, including, but not limited to,
23limitations on appropriations from the Road Fund under Section
248.3 of the State Finance Act. If the State Comptroller approves
25a payroll voucher under this Section for which the fund balance
26is insufficient to pay the full amount of the required State

 

 

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1contribution to the State Employees' Retirement System of
2Illinois, the Comptroller shall promptly so notify the
3retirement system.
4    (c) Notwithstanding any other provisions of law, beginning
5July 1, 2007, required State and employee contributions to the
6State Employees' Retirement System of Illinois relating to
7affected legislative staff employees shall be paid out of
8moneys appropriated for that purpose to the Commission on
9Government Forecasting and Accountability, rather than out of
10the lump-sum appropriations otherwise made for the payroll and
11other costs of those employees.
12    These payments must be made pursuant to payroll vouchers
13submitted by the employing entity as part of the regular
14payroll voucher process.
15    For the purpose of this subsection, "affected legislative
16staff employees" means legislative staff employees paid out of
17lump-sum appropriations made to the General Assembly, an
18Officer of the General Assembly, or the Senate Operations
19Commission, but does not include district-office staff or
20employees of legislative support services agencies.
21(Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24,
22eff. 6-19-13.)