Full Text of HB4792 96th General Assembly
HB4792 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB4792
Introduced 1/12/2010, by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/11-169 |
from Ch. 108 1/2, par. 11-169 |
30 ILCS 805/8.34 new |
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Amends the Chicago Laborers Article of the Illinois Pension Code. Provides that the city shall levy a tax annually at a rate on the dollar
of the value, as equalized or assessed by the Department of Revenue
of all taxable property within the city for the year 2010 and each year thereafter, that will produce, when extended, an amount equal to or greater than the total amount of contributions made by or on behalf of employees to the Fund for annuity purposes in the calendar year 2 years prior to the year for which the annual applicable tax is levied, multiplied by 1.00. 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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HB4792 |
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LRB096 15807 AMC 31048 b |
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| AN ACT concerning public employee benefits.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Section 11-169 as follows:
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| (40 ILCS 5/11-169) (from Ch. 108 1/2, par. 11-169)
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| Sec. 11-169. Financing; tax levy.
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| (a) Except as provided in subsection (f) of this Section, | 9 |
| the city
council of the city shall levy a tax annually upon all | 10 |
| taxable property in the
city at the rate that will produce a | 11 |
| sum which, when added to the amounts
deducted from the salaries | 12 |
| of the employees or otherwise contributed by them
and the | 13 |
| amounts deposited under subsection (f), will be sufficient for | 14 |
| the
requirements of this Article. For the years prior to the | 15 |
| year 1950 the tax
rate shall be as provided for under "The 1935 | 16 |
| Act". Beginning with the year
1950 to and including the year | 17 |
| 1969 such tax shall be not more than .036%
annually of the | 18 |
| value, as equalized or assessed by the Department of Revenue,
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| of all taxable property within such city. Beginning with the | 20 |
| year 1970 and
each year thereafter the city shall levy a tax | 21 |
| annually at a rate on the dollar
of the value, as equalized or | 22 |
| assessed by the Department of Revenue
of all taxable property | 23 |
| within such city that will
produce, when extended, not to |
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HB4792 |
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LRB096 15807 AMC 31048 b |
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| exceed an amount equal to the total
amount of contributions by | 2 |
| the employees to the fund
made in the calendar year 2 years | 3 |
| prior to the year for which the annual
applicable tax is | 4 |
| levied, multiplied by 1.1 for the years 1970, 1971 and
1972; | 5 |
| 1.145 for the year 1973; 1.19 for the year 1974; 1.235 for the
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| year 1975; 1.280 for the year 1976; 1.325 for the year 1977; | 7 |
| 1.370
for the years 1978 through 1998; and 1.000 for the years | 8 |
| year 1999 through 2009; and for the year 2010 and each year | 9 |
| thereafter, such levy as will produce, when extended, an amount | 10 |
| equal to or greater than the total amount of contributions made | 11 |
| by or on behalf of employees to the Fund for annuity purposes | 12 |
| in the calendar year 2 years prior to the year for which the | 13 |
| annual applicable tax is levied, multiplied by 1.00
and for | 14 |
| each year thereafter .
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| The tax shall be levied and collected in like manner with | 16 |
| the general
taxes of the city, and shall be exclusive of and in | 17 |
| addition to the
amount of tax the city is now or may hereafter | 18 |
| be authorized to levy for
general purposes under any laws which | 19 |
| may limit the amount of tax which
the city may levy for general | 20 |
| purposes. The county clerk of the county
in which the city is | 21 |
| located, in reducing tax levies under the
provisions of any Act | 22 |
| concerning the levy and extension of taxes, shall
not consider | 23 |
| the tax herein provided for as a part of the general tax
levy | 24 |
| for city purposes, and shall not include the same within any
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| limitation of the per cent of the assessed valuation upon which | 26 |
| taxes
are required to be extended for such city.
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HB4792 |
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LRB096 15807 AMC 31048 b |
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| Revenues derived from such tax shall be paid to the city | 2 |
| treasurer of
the city as collected and held by him for the | 3 |
| benefit of the fund.
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| If the payments on account of taxes are insufficient during | 5 |
| any year
to meet the requirements of this Article, the city may | 6 |
| issue tax
anticipation warrants against the current tax levy.
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| (b) On or before January 10, annually, the board shall | 8 |
| notify the
city council of the requirement of this Article that | 9 |
| the tax herein
provided shall be levied for that current year. | 10 |
| The board shall compute
the amounts necessary for the purposes | 11 |
| of this fund to be credited to
the reserves established and | 12 |
| maintained as herein provided, and shall
make an annual | 13 |
| determination of the amount of the required city
contributions; | 14 |
| and certify the results thereof to the city council.
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| (c) In respect to employees of the city who are transferred | 16 |
| to the
employment of a park district by virtue of "Exchange of | 17 |
| Functions Act of
1957" the corporate authorities of the park | 18 |
| district shall annually levy
a tax upon all the taxable | 19 |
| property in the park district at such rate
per cent of the | 20 |
| value of such property, as equalized or assessed by the
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| Department of Revenue, as shall be sufficient, when
added to | 22 |
| the amounts deducted from their salaries and
otherwise | 23 |
| contributed by them, to provide the benefits to which they and
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| their dependents and beneficiaries are entitled under this | 25 |
| Article. The
city shall not levy a tax hereunder in respect to | 26 |
| such employees.
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LRB096 15807 AMC 31048 b |
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| The tax so levied by the park district shall be in addition | 2 |
| to and
exclusive of all other taxes authorized to be levied by | 3 |
| the park
district for corporate, annuity fund, or other | 4 |
| purposes. The county
clerk of the county in which the park | 5 |
| district is located, in reducing
any tax levied under the | 6 |
| provisions of any Act concerning the levy and
extension of | 7 |
| taxes shall not consider such tax as part of the general
tax | 8 |
| levy for park purposes, and shall not include the same in any
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| limitation of the per cent of the assessed valuation upon which | 10 |
| taxes
are required to be extended for the park district. The | 11 |
| proceeds of the
tax levied by the park district, upon receipt | 12 |
| by the district, shall be
immediately paid over to the city | 13 |
| treasurer of the city for the uses and
purposes of the fund.
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| The various sums to be contributed by the city and | 15 |
| allocated for the
purposes of this Article, and any interest to | 16 |
| be contributed by the city,
shall be taken from the revenue | 17 |
| derived from the taxes authorized in this
Section, and no money | 18 |
| of such city derived from any source other than
the levy and | 19 |
| collection of those taxes or the sale of tax
anticipation | 20 |
| warrants in accordance with the provisions of this Article | 21 |
| shall
be used to provide revenue for this Article, except as | 22 |
| expressly provided in
this Section.
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| If it is not possible for the city to make contributions | 24 |
| for age and
service annuity and widow's annuity concurrently | 25 |
| with the employee's
contributions made for such purposes, such | 26 |
| city shall
make such contributions as soon as possible and |
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LRB096 15807 AMC 31048 b |
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| practicable thereafter
with interest thereon at the effective | 2 |
| rate to the time they shall be
made.
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| (d) With respect to employees whose wages are funded as | 4 |
| participants
under the Comprehensive Employment and Training | 5 |
| Act of 1973, as amended
(P.L. 93-203, 87 Stat. 839, P.L. | 6 |
| 93-567, 88 Stat. 1845), hereinafter
referred to as CETA, | 7 |
| subsequent to October 1, 1978, and in instances
where the board | 8 |
| has elected to establish a manpower program reserve, the
board | 9 |
| shall compute the amounts necessary to be credited to the | 10 |
| manpower
program reserves established and maintained as herein | 11 |
| provided, and
shall make a periodic determination of the amount | 12 |
| of required
contributions from the City to the reserve to be | 13 |
| reimbursed by the
federal government in accordance with rules | 14 |
| and regulations established
by the Secretary of the United | 15 |
| States Department of Labor or his
designee, and certify the | 16 |
| results thereof to the City Council. Any such
amounts shall | 17 |
| become a credit to the City and will be used to reduce the
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| amount which the City would otherwise contribute during | 19 |
| succeeding years
for all employees.
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| (e) In lieu of establishing a manpower program reserve with | 21 |
| respect
to employees whose wages are funded as participants | 22 |
| under the
Comprehensive Employment and Training Act of 1973, as | 23 |
| authorized by
subsection (d), the board may elect to establish | 24 |
| a special municipality
contribution rate for all such | 25 |
| employees. If this option is elected,
the City shall contribute | 26 |
| to the Fund from federal funds provided under
the Comprehensive |
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LRB096 15807 AMC 31048 b |
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| Employment and Training Act program at the special
rate so | 2 |
| established and such contributions shall become a credit to the
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| City and be used to reduce the amount which the City would | 4 |
| otherwise
contribute during succeeding years for all | 5 |
| employees.
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| (f) In lieu of levying all or a portion of the tax required | 7 |
| under this
Section in any year, the city may deposit with the | 8 |
| city treasurer no later than
March 1 of that year for the | 9 |
| benefit of the fund, to be held in accordance with
this | 10 |
| Article, an amount that, together with the taxes levied under | 11 |
| this Section
for that year, is not less than the amount of the | 12 |
| city contributions for that
year as certified by the board to | 13 |
| the city council. The deposit may be derived
from any source | 14 |
| legally available for that purpose, including, but not limited
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| to, the proceeds of city borrowings. The making of a deposit | 16 |
| shall satisfy
fully the requirements of this Section for that | 17 |
| year to the extent of the
amounts so deposited. Amounts | 18 |
| deposited under this subsection may be used by
the fund for any | 19 |
| of the purposes for which the proceeds of the tax levied by
the | 20 |
| city under this Section may be used, including the payment of | 21 |
| any amount
that is otherwise required by this Article to be | 22 |
| paid from the proceeds of that
tax.
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| (Source: P.A. 90-31, eff. 6-27-97; 90-766, eff. 8-14-98.)
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| Section 90. The State Mandates Act is amended by adding | 25 |
| Section 8.34 as follows: |
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HB4792 |
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LRB096 15807 AMC 31048 b |
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| (30 ILCS 805/8.34 new) | 2 |
| Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8 | 3 |
| of this Act, no reimbursement by the State is required for the | 4 |
| implementation of any mandate created by this amendatory Act of | 5 |
| the 96th General Assembly. | 6 |
| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.
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