Full Text of SB1693 94th General Assembly
SB1693 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB1693
Introduced 2/24/2005, by Sen. Terry Link SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/7-142.1 |
from Ch. 108 1/2, par. 7-142.1 |
40 ILCS 5/7-156 |
from Ch. 108 1/2, par. 7-156 |
40 ILCS 5/7-169 |
from Ch. 108 1/2, par. 7-169 |
40 ILCS 5/7-172 |
from Ch. 108 1/2, par. 7-172 |
40 ILCS 5/7-173.1 |
from Ch. 108 1/2, par. 7-173.1 |
30 ILCS 805/8.29 new |
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Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois
Pension Code.
Increases the retirement formula for sheriff's law enforcement employees (SLEPs) to 2.5% of the final rate of earnings
for each year of SLEP service.
Increases the maximum pension payable to a SLEP from 75% to 80% of the final rate of earnings.
Removes the 2-year service requirement for earning new benefits after
a return to service as a SLEP.
Makes these changes apply to persons in service on or after July 1, 2004. Also increases the additional employee contribution paid by SLEPs to 2.5% of
salary.
Eliminates the reduction in benefit imposed on a surviving spouse who is
more than 5 years younger than the deceased member, for the surviving spouse of
any member who dies on or after the effective date.
Allows a SLEP to convert up to 10 years
of non-SLEP service credit into SLEP credit by paying the difference in
employee and employer contributions, plus interest.
Makes the additional unfunded liability for all changes subject to a full 30-year amortization period. Amends the State Mandates Act to require implementation without
reimbursement. Effective immediately.
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FISCAL NOTE ACT MAY APPLY |
PENSION IMPACT NOTE ACT MAY APPLY |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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SB1693 |
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| AN ACT in relation to public employee benefits.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Sections
7-142.1, 7-156, 7-169, 7-172, and 7-173.1 as follows:
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| (40 ILCS 5/7-142.1) (from Ch. 108 1/2, par. 7-142.1)
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| Sec. 7-142.1. Sheriff's law enforcement employees.
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| (a) In lieu of the retirement annuity provided by | 9 |
| subparagraph 1 of
paragraph (a) of Section 7-142:
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| Any sheriff's law enforcement employee who
has 20 or more | 11 |
| years of service in that capacity and who terminates
service | 12 |
| prior to January 1, 1988 shall be entitled at his
option to | 13 |
| receive a monthly retirement annuity for his service as a
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| sheriff's law enforcement employee computed by multiplying 2% | 15 |
| for each year
of such service up to 10 years, 2 1/4% for each | 16 |
| year
of such service above 10 years and up to 20 years, and
2 | 17 |
| 1/2% for each year of such service above
20 years, by his | 18 |
| annual final rate of earnings and dividing by 12.
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| Any sheriff's law enforcement employee who has 20 or more | 20 |
| years of
service in that capacity and who terminates service on | 21 |
| or after January 1,
1988 and before July 1, 2004 shall be | 22 |
| entitled at his option to receive
a monthly retirement
annuity | 23 |
| for his service as a sheriff's law enforcement employee | 24 |
| computed by
multiplying 2.5% for each year of such service up | 25 |
| to 20 years, 2% for each
year of such service above 20 years | 26 |
| and up to 30 years, and 1% for each
year of such service above | 27 |
| 30 years, by his annual final rate of earnings
and dividing by | 28 |
| 12.
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| Any sheriff's law enforcement employee who has 20 or more | 30 |
| years of
service in that capacity and who terminates service on | 31 |
| or after July 1,
2004 shall be entitled at his or her option to | 32 |
| receive a monthly retirement
annuity for service as a sheriff's |
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| law enforcement employee computed by
multiplying 2.5% for each | 2 |
| year of such service by his annual final rate of
earnings and | 3 |
| dividing by 12.
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| If a sheriff's law enforcement employee has service in any | 5 |
| other
capacity, his retirement annuity for service as a | 6 |
| sheriff's law enforcement
employee may be computed under this | 7 |
| Section and the retirement annuity for
his other service under | 8 |
| Section 7-142.
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| In no case shall the total monthly retirement annuity for | 10 |
| persons who retire before July 1, 2004 exceed 75% of the
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| monthly final rate of earnings. In no case shall the total | 12 |
| monthly retirement annuity for persons who retire on or after | 13 |
| July 1, 2004 exceed 80% of the
monthly final rate of earnings.
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| (b) Whenever continued group insurance coverage is elected | 15 |
| in accordance
with the provisions of Section 367h of the | 16 |
| Illinois Insurance Code, as now
or hereafter amended, the total | 17 |
| monthly premium for such continued group
insurance coverage or | 18 |
| such portion thereof as is not paid
by the municipality shall, | 19 |
| upon request of the person electing such
continued group | 20 |
| insurance coverage, be deducted from any monthly pension
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| benefit otherwise payable to such person pursuant to this | 22 |
| Section, to be
remitted by the Fund to the insurance company
or | 23 |
| other entity providing the group insurance coverage.
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| (c) A sheriff's law enforcement employee who has service in | 25 |
| any other
capacity may convert up to 10 years of that service | 26 |
| into service as a sheriff's
law enforcement employee by paying | 27 |
| to the Fund an amount equal to (1) the
additional employee | 28 |
| contribution required under Section 7-173.1, plus (2) the | 29 |
| additional employer contribution required under Section 7-172, | 30 |
| plus (3) interest on items (1) and (2) at the
prescribed rate | 31 |
| from the date of the service to the date of payment.
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| (d) The changes to subsections (a) and (b) of this Section | 33 |
| made by this amendatory Act of the 94th General Assembly apply | 34 |
| only to persons in service on or after July 1, 2004. In the | 35 |
| case of such a person who begins to receive a retirement | 36 |
| annuity before the effective date of this amendatory Act of the |
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| 94th General Assembly, the annuity shall be recalculated | 2 |
| prospectively to reflect those changes, with the resulting | 3 |
| increase beginning to accrue on the first annuity payment date | 4 |
| following the effective date of this amendatory Act.
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| (Source: P.A. 85-941.)
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| (40 ILCS 5/7-156) (from Ch. 108 1/2, par. 7-156)
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| Sec. 7-156. Surviving spouse annuities - amount.
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| (a) The amount of surviving spouse annuity shall be:
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| 1. Upon the death of an employee annuitant or such person | 10 |
| entitled, upon
application, to a retirement annuity at date of | 11 |
| death, (i) an amount equal
to 1/2 of the retirement annuity | 12 |
| which was or would
have been payable exclusive of the amount so | 13 |
| payable which was provided from
additional credits, and | 14 |
| disregarding any election made under paragraph (b) of
Section | 15 |
| 7-142, plus (ii) an annuity which could be provided at the then
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| attained age of the surviving spouse and under actuarial tables | 17 |
| then in effect,
from the excess of the additional credits, | 18 |
| (excluding any such credits used to
create a reversionary | 19 |
| annuity) used to provide the annuity granted pursuant to
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| paragraph (a) (2) of Section 7-142 of this article over the | 21 |
| total annuity
payments made pursuant thereto.
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| 2. Upon the death of a participating employee on or after | 23 |
| attainment of
age 55, an amount equal to 1/2 of the retirement | 24 |
| annuity
which he could have had as of the date of death had he | 25 |
| then retired and applied
for annuity, exclusive of the portion | 26 |
| thereof which could have been provided
from additional credits, | 27 |
| and disregarding paragraph (b) of Section 7-142,
plus an amount | 28 |
| equal to the annuity which could be provided from the total
of | 29 |
| his accumulated additional credits at date of death, on the | 30 |
| basis of the
attained age of the surviving spouse on such date.
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| 3. Upon the death of a participating employee before age | 32 |
| 55, an amount equal
to 1/2 of the retirement annuity which he | 33 |
| could have had
as of his attained age on the date of death, had | 34 |
| he then retired and applied
for annuity, and the provisions of | 35 |
| this Article that no such annuity shall
begin until the |
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| employee has attained at least age 55 were not applicable,
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| exclusive of the portion thereof which could have been provided | 3 |
| from
additional credits and disregarding paragraph (b) of | 4 |
| Section 7-142, plus an
amount equal to the annuity which could | 5 |
| be provided from the total of his
accumulated additional | 6 |
| credits at date of death, on the basis of the
attained age of | 7 |
| the surviving spouse on such date.
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| In the case of the surviving spouse of a person who dies | 9 |
| before the
effective date of this amendatory Act of the 94th | 10 |
| General Assembly, if
the
a surviving spouse is more than 5 | 11 |
| years younger than the deceased,
that portion of the annuity | 12 |
| which is not based on additional credits shall
be reduced in | 13 |
| the ratio of the value of a life annuity of $1 per year at an
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| age of 5 years less than the attained age of the deceased, at | 15 |
| the earlier
of the date of the death or the date his retirement | 16 |
| annuity begins, to the
value of a life annuity of $1 per year | 17 |
| at the attained age of the surviving
spouse on such date, | 18 |
| according to actuarial tables approved by the Board.
This | 19 |
| reduction does not apply to the surviving spouse of a person | 20 |
| who dies
on or after the effective date of this amendatory Act | 21 |
| of the 94th General
Assembly.
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| In computing the amount of a surviving spouse annuity, | 23 |
| incremental increases
of retirement annuities to the date of | 24 |
| death of the employee annuitant shall be
considered.
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| (b) Each surviving spouse annuity payable on January 1, | 26 |
| 1988 shall be
increased on that date by 3% of the original | 27 |
| amount of the annuity. Each
surviving spouse annuity that | 28 |
| begins after January 1, 1988 shall be
increased on the January | 29 |
| 1 next occurring after the annuity begins, by an
amount equal | 30 |
| to (i) 3% of the original amount thereof if the deceased
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| employee was receiving a retirement annuity at the time of his | 32 |
| death; otherwise
(ii) 0.167% of the original amount thereof for | 33 |
| each complete
month which has elapsed since the date the | 34 |
| annuity began.
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| On each January 1 after the date of the initial increase | 36 |
| under this
subsection, each surviving spouse annuity shall be |
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| increased by 3% of the
originally granted amount of the | 2 |
| annuity.
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| (Source: P.A. 85-941.)
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| (40 ILCS 5/7-169) (from Ch. 108 1/2, par. 7-169)
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| Sec. 7-169. Separation benefits ; repayments.
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| (a) If an employee who has
received a separation benefit | 7 |
| subsequently becomes a participating employee,
and renders at | 8 |
| least 2 years of contributing service from the date of such
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| re-entry, he may pay to the fund the amount of the separation | 10 |
| benefit, plus
interest at the effective rate for each year from | 11 |
| the date of payment of the
separation benefit to the date of | 12 |
| repayment. Upon payment his creditable
service shall be | 13 |
| reinstated and the payment shall be credited to his account
as | 14 |
| normal contributions. | 15 |
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(b) Beginning July 1, 2004, the requirement of
returning | 16 |
| to service for at least 2 years does not apply to persons who | 17 |
| return
to service as a sheriff's law enforcement employee. This | 18 |
| subsection applies only to persons in service on or after July | 19 |
| 1, 2004. In the case of such a person who begins to receive a | 20 |
| retirement annuity before the effective date of this amendatory | 21 |
| Act of the 94th General Assembly, the annuity shall be | 22 |
| recalculated prospectively to reflect any credits reinstated | 23 |
| as a result of this subsection, with the resulting increase in | 24 |
| annuity beginning to accrue on the first annuity payment date | 25 |
| following the effective date of this amendatory Act, but not | 26 |
| earlier than the date the repayment is received by the Fund.
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| (Source: P.A. 84-1028.)
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| (40 ILCS 5/7-172) (from Ch. 108 1/2, par. 7-172)
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| Sec. 7-172. Contributions by participating municipalities | 30 |
| and
participating instrumentalities.
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| (a) Each participating municipality and each participating
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| instrumentality shall make payment to the fund as follows:
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| 1. municipality contributions in an amount determined | 34 |
| by applying
the municipality contribution rate to each |
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| payment of earnings paid to
each of its participating | 2 |
| employees;
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| 2. an amount equal to the employee contributions | 4 |
| provided by paragraphs
(a) and (b) of Section 7-173, | 5 |
| whether or not the employee contributions are
withheld as | 6 |
| permitted by that Section;
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| 3. all accounts receivable, together with interest | 8 |
| charged thereon,
as provided in Section 7-209;
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| 4. if it has no participating employees with current | 10 |
| earnings, an
amount payable which, over a period of 20 | 11 |
| years beginning with the year
following an award of | 12 |
| benefit, will amortize, at the effective rate for
that | 13 |
| year, any negative balance in its municipality reserve | 14 |
| resulting
from the award. This amount when established will | 15 |
| be payable as a
separate contribution whether or not it | 16 |
| later has participating employees.
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| (b) A separate municipality contribution rate shall be | 18 |
| determined
for each calendar year for all participating | 19 |
| municipalities together
with all instrumentalities thereof. | 20 |
| The municipality contribution rate
shall be determined for | 21 |
| participating instrumentalities as if they were
participating | 22 |
| municipalities. The municipality contribution rate shall
be | 23 |
| the sum of the following percentages:
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| 1. The percentage of earnings of all the participating | 25 |
| employees of all
participating municipalities and | 26 |
| participating instrumentalities which, if paid
over the | 27 |
| entire period of their service, will be sufficient when | 28 |
| combined with
all employee contributions available for the | 29 |
| payment of benefits, to provide
all annuities for | 30 |
| participating employees, and the $3,000 death benefit
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| payable under Sections 7-158 and 7-164, such percentage to | 32 |
| be known as the
normal cost rate.
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| 2. The percentage of earnings of the participating | 34 |
| employees of each
participating municipality and | 35 |
| participating instrumentalities necessary
to adjust for | 36 |
| the difference between the present value of all benefits,
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| excluding temporary and total and permanent disability and | 2 |
| death benefits, to
be provided for its participating | 3 |
| employees and the sum of its accumulated
municipality | 4 |
| contributions and the accumulated employee contributions | 5 |
| and the
present value of expected future employee and | 6 |
| municipality contributions
pursuant to subparagraph 1 of | 7 |
| this paragraph (b). This adjustment shall be
spread over | 8 |
| the remainder of the period that is allowable under | 9 |
| generally
accepted accounting principles.
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| 3. The percentage of earnings of the participating | 11 |
| employees of all
municipalities and participating | 12 |
| instrumentalities necessary to provide
the present value | 13 |
| of all temporary and total and permanent disability
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| benefits granted during the most recent year for which | 15 |
| information is
available.
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| 4. The percentage of earnings of the participating | 17 |
| employees of all
participating municipalities and | 18 |
| participating instrumentalities
necessary to provide the | 19 |
| present value of the net single sum death
benefits expected | 20 |
| to become payable from the reserve established under
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| Section 7-206 during the year for which this rate is fixed.
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| 5. The percentage of earnings necessary to meet any | 23 |
| deficiency
arising in the Terminated Municipality Reserve.
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| (c) A separate municipality contribution rate shall be | 25 |
| computed for
each participating municipality or participating | 26 |
| instrumentality
for its sheriff's law enforcement employees.
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| A separate municipality contribution rate shall be | 28 |
| computed for the
sheriff's law enforcement employees of each | 29 |
| forest preserve district that
elects to have such employees. | 30 |
| For the period from January 1, 1986 to
December 31, 1986, such | 31 |
| rate shall be the forest preserve district's regular
rate plus | 32 |
| 2%.
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| In the event that the Board determines that there is an | 34 |
| actuarial
deficiency in the account of any municipality with | 35 |
| respect to a person who
has elected to participate in the Fund | 36 |
| under Section 3-109.1 of this Code,
the Board may adjust the |
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| municipality's contribution rate so as to make up
that | 2 |
| deficiency over such reasonable period of time as the Board may | 3 |
| determine.
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| (d) The Board may establish a separate municipality | 5 |
| contribution
rate for all employees who are program | 6 |
| participants employed under the
federal Comprehensive | 7 |
| Employment Training Act by all of the
participating | 8 |
| municipalities and instrumentalities. The Board may also
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| provide that, in lieu of a separate municipality rate for these
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| employees, a portion of the municipality contributions for such | 11 |
| program
participants shall be refunded or an extra charge | 12 |
| assessed so that the
amount of municipality contributions | 13 |
| retained or received by the fund
for all CETA program | 14 |
| participants shall be an amount equal to that which
would be | 15 |
| provided by the separate municipality contribution rate for all
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| such program participants. Refunds shall be made to prime | 17 |
| sponsors of
programs upon submission of a claim therefor and | 18 |
| extra charges shall be
assessed to participating | 19 |
| municipalities and instrumentalities. In
establishing the | 20 |
| municipality contribution rate as provided in paragraph
(b) of | 21 |
| this Section, the use of a separate municipality contribution
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| rate for program participants or the refund of a portion of the
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| municipality contributions, as the case may be, may be | 24 |
| considered.
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| (e) Computations of municipality contribution rates for | 26 |
| the
following calendar year shall be made prior to the | 27 |
| beginning of each
year, from the information available at the | 28 |
| time the computations are
made, and on the assumption that the | 29 |
| employees in each participating
municipality or participating | 30 |
| instrumentality at such time will continue
in service until the | 31 |
| end of such calendar year at their respective rates
of earnings | 32 |
| at such time.
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| (f) Any municipality which is the recipient of State | 34 |
| allocations
representing that municipality's contributions for | 35 |
| retirement annuity
purposes on behalf of its employees as | 36 |
| provided in Section 12-21.16 of
the Illinois Public Aid Code |
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| shall pay the allocations so
received to the Board for such | 2 |
| purpose. Estimates of State allocations to
be received during | 3 |
| any taxable year shall be considered in the
determination of | 4 |
| the municipality's tax rate for that year under Section
7-171. | 5 |
| If a special tax is levied under Section 7-171, none of the
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| proceeds may be used to reimburse the municipality for the | 7 |
| amount of State
allocations received and paid to the Board. Any | 8 |
| multiple-county or
consolidated health department which | 9 |
| receives contributions from a county
under Section 11.2 of "An | 10 |
| Act in relation to establishment and maintenance
of county and | 11 |
| multiple-county health departments", approved July 9, 1943,
as | 12 |
| amended, or distributions under Section 3 of the Department of | 13 |
| Public
Health Act, shall use these only for municipality | 14 |
| contributions by the
health department.
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| (g) Municipality contributions for the several purposes | 16 |
| specified
shall, for township treasurers and employees in the | 17 |
| offices of the
township treasurers who meet the qualifying | 18 |
| conditions for coverage
hereunder, be allocated among the | 19 |
| several school districts and parts of
school districts serviced | 20 |
| by such treasurers and employees in the
proportion which the | 21 |
| amount of school funds of each district or part of
a district | 22 |
| handled by the treasurer bears to the total amount of all
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| school funds handled by the treasurer.
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| From the funds subject to allocation among districts and | 25 |
| parts of
districts pursuant to the School Code, the trustees | 26 |
| shall withhold the
proportionate share of the liability for | 27 |
| municipality contributions imposed
upon such districts by this | 28 |
| Section, in respect to such township treasurers
and employees | 29 |
| and remit the same to the Board.
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| The municipality contribution rate for an educational | 31 |
| service center shall
initially be the same rate for each year | 32 |
| as the regional office of
education or school district
which | 33 |
| serves as its administrative agent. When actuarial data become
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| available, a separate rate shall be established as provided in | 35 |
| subparagraph
(i) of this Section.
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| The municipality contribution rate for a public agency, |
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| other than a
vocational education cooperative, formed under the | 2 |
| Intergovernmental
Cooperation Act shall initially be the | 3 |
| average rate for the municipalities
which are parties to the | 4 |
| intergovernmental agreement. When actuarial data
become | 5 |
| available, a separate rate shall be established as provided in
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| subparagraph (i) of this Section.
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| (h) Each participating municipality and participating
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| instrumentality shall make the contributions in the amounts | 9 |
| provided in
this Section in the manner prescribed from time to | 10 |
| time by the Board and
all such contributions shall be | 11 |
| obligations of the respective
participating municipalities and | 12 |
| participating instrumentalities to this
fund. The failure to | 13 |
| deduct any employee contributions shall not
relieve the | 14 |
| participating municipality or participating instrumentality
of | 15 |
| its obligation to this fund. Delinquent payments of | 16 |
| contributions
due under this Section may, with interest, be | 17 |
| recovered by civil action
against the participating | 18 |
| municipalities or participating
instrumentalities. | 19 |
| Municipality contributions, other than the amount
necessary | 20 |
| for employee contributions and Social Security contributions, | 21 |
| for
periods of service by employees from whose earnings no | 22 |
| deductions were made
for employee contributions to the fund, | 23 |
| may be charged to the municipality
reserve for the municipality | 24 |
| or participating instrumentality.
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| (i) Contributions by participating instrumentalities shall | 26 |
| be
determined as provided herein except that the percentage | 27 |
| derived under
subparagraph 2 of paragraph (b) of this Section, | 28 |
| and the amount payable
under subparagraph 5 of paragraph (a) of | 29 |
| this Section, shall be based on
an amortization period of 10 | 30 |
| years.
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| (j) Notwithstanding the other provisions of this Section, | 32 |
| the additional unfunded liability accruing as a result of this | 33 |
| amendatory Act of the 94th General Assembly
shall be amortized | 34 |
| over a period of 30 years beginning on January 1 of the
second | 35 |
| calendar year following the calendar year in which this | 36 |
| amendatory Act takes effect.
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| (Source: P.A. 92-424, eff. 8-17-01.)
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| (40 ILCS 5/7-173.1) (from Ch. 108 1/2, par. 7-173.1)
| 3 |
| Sec. 7-173.1. Additional contribution by sheriff's law | 4 |
| enforcement
employees.
| 5 |
| (a) Each sheriff's law enforcement employee shall make an | 6 |
| additional
contribution of 1% of earnings, which shall be | 7 |
| considered as normal
contributions. For earnings on or after | 8 |
| July 1, 1988, the additional
contribution shall be 2% of | 9 |
| earnings. For earnings on or after the effective date of this | 10 |
| amendatory Act of the 94th General Assembly, the additional | 11 |
| contribution shall be 2.5% of earnings; this increase
is | 12 |
| intended to defray the employee's portion of the cost of the | 13 |
| benefit
increases provided by this amendatory Act of the 94th | 14 |
| General Assembly.
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| This additional contribution shall be payable for | 16 |
| retroactive service periods
which the employee elects to | 17 |
| establish and to periods of authorized leave of
absence.
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| (b) If the employee is awarded a retirement annuity under | 19 |
| Section
7-142 and not under Section 7-142.1, then the | 20 |
| additional contribution required
under this Section shall be | 21 |
| refunded with interest or paid as provided in
subsection (c). | 22 |
| If the employee returns to a participating status as a
| 23 |
| sheriff's law enforcement employee, the employee may repay the | 24 |
| amount refunded
with interest and upon subsequent retirement be | 25 |
| entitled to a recomputation of
the retirement annuity under | 26 |
| Section 7-142.1 if the total service as a
sheriff's law | 27 |
| enforcement employee meets the requirements of that Section.
| 28 |
| (c) Instead of a refund under subsection (b), the retiring | 29 |
| employee may
elect to convert the amount of the refund into an | 30 |
| annuity, payable
separately from the retirement annuity. If the | 31 |
| annuitant dies before the
guaranteed amount has been | 32 |
| distributed, the remainder shall be paid in a lump
sum to the | 33 |
| designated beneficiary of the annuitant. The Board shall adopt | 34 |
| any
rules necessary for the implementation of this subsection.
| 35 |
| (Source: P.A. 90-766, eff. 8-14-98.)
|
|
|
|
SB1693 |
- 12 - |
LRB094 06133 EFG 36198 b |
|
| 1 |
| Section 90. The State Mandates Act is amended by adding | 2 |
| Section 8.29 as
follows:
| 3 |
| (30 ILCS 805/8.29 new)
| 4 |
| Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 | 5 |
| of this
Act, no reimbursement by the State is required for the | 6 |
| implementation of
any mandate created by this amendatory Act of | 7 |
| the 94th General Assembly.
| 8 |
| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law. |
|