Full Text of HB3088 98th General Assembly
HB3088sam002 98TH GENERAL ASSEMBLY | Sen. John J. Cullerton Filed: 5/28/2013
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| 1 | | AMENDMENT TO HOUSE BILL 3088
| 2 | | AMENDMENT NO. ______. Amend House Bill 3088 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. The Illinois Public Labor Relations Act is | 5 | | amended by changing Sections 4 and 15 as follows: | 6 | | (5 ILCS 315/4) (from Ch. 48, par. 1604)
| 7 | | Sec. 4. Management Rights. Employers shall not be required | 8 | | to bargain
over matters of inherent managerial policy, which | 9 | | shall include such areas
of discretion or policy as the | 10 | | functions of the employer, standards of
services,
its overall | 11 | | budget, the organizational structure and selection of new
| 12 | | employees, examination techniques
and direction of employees. | 13 | | Employers, however, shall be required to bargain
collectively | 14 | | with regard to
policy matters directly affecting wages, hours | 15 | | and terms and conditions of employment
as well as the impact | 16 | | thereon upon request by employee representatives , but |
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| 1 | | excluding the changes, the impact of the changes, and the | 2 | | implementation of the changes set forth in this amendatory Act | 3 | | of the 98th General Assembly .
| 4 | | To preserve the rights of employers and exclusive | 5 | | representatives which
have established collective bargaining | 6 | | relationships or negotiated collective
bargaining agreements | 7 | | prior to the effective date of this Act, employers
shall be | 8 | | required to bargain collectively with regard to any matter | 9 | | concerning
wages, hours or conditions of employment about which | 10 | | they have bargained
for and agreed to in a collective | 11 | | bargaining agreement
prior to the effective date of this Act , | 12 | | but excluding the changes, the impact of the changes, and the | 13 | | implementation of the changes set forth in this amendatory Act | 14 | | of the 98th General Assembly .
| 15 | | The chief judge of the judicial circuit that employs a | 16 | | public employee who
is
a court reporter, as defined in the | 17 | | Court Reporters Act, has the authority to
hire, appoint, | 18 | | promote, evaluate, discipline, and discharge court reporters
| 19 | | within that judicial circuit.
| 20 | | Nothing in this amendatory Act of the 94th General Assembly | 21 | | shall
be construed to intrude upon the judicial functions of | 22 | | any court. This
amendatory Act of the 94th General Assembly | 23 | | applies only to nonjudicial
administrative matters relating to | 24 | | the collective bargaining rights of court
reporters.
| 25 | | (Source: P.A. 94-98, eff. 7-1-05.)
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| 1 | | (5 ILCS 315/15) (from Ch. 48, par. 1615)
| 2 | | Sec. 15. Act Takes Precedence. | 3 | | (a) In case of any conflict between the
provisions of this | 4 | | Act and any other law (other than Section 5 of the State | 5 | | Employees Group Insurance Act of 1971 and other than the | 6 | | changes made to the Illinois Pension Code by Public Act 96-889, | 7 | | Public Act 96-1490, Public Act 96-1495, and the changes, the | 8 | | impact of the changes, and the implementation of the changes | 9 | | made to the Illinois Pension Code by this amendatory Act of the | 10 | | 98th 96th General Assembly), executive order or administrative
| 11 | | regulation relating to wages, hours and conditions of | 12 | | employment and employment
relations, the provisions of this Act | 13 | | or any collective bargaining agreement
negotiated thereunder | 14 | | shall prevail and control.
Nothing in this Act shall be | 15 | | construed to replace or diminish the
rights of employees | 16 | | established by Sections 28 and 28a of the Metropolitan
Transit | 17 | | Authority Act, Sections 2.15 through 2.19 of the Regional | 18 | | Transportation
Authority Act. The provisions of this Act are | 19 | | subject to Section 5 of the State Employees Group Insurance Act | 20 | | of 1971. Nothing in this Act shall be construed to replace the | 21 | | necessity of complaints against a sworn peace officer, as | 22 | | defined in Section 2(a) of the Uniform Peace Officer | 23 | | Disciplinary Act, from having a complaint supported by a sworn | 24 | | affidavit.
| 25 | | (b) Except as provided in subsection (a) above, any | 26 | | collective bargaining
contract between a public employer and a |
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| 1 | | labor organization executed pursuant
to this Act shall | 2 | | supersede any contrary statutes, charters, ordinances, rules
| 3 | | or regulations relating to wages, hours and conditions of | 4 | | employment and
employment relations adopted by the public | 5 | | employer or its agents. Any collective
bargaining agreement | 6 | | entered into prior to the effective date of this Act
shall | 7 | | remain in full force during its duration.
| 8 | | (c) It is the public policy of this State, pursuant to | 9 | | paragraphs (h)
and (i) of Section 6 of Article VII of the | 10 | | Illinois Constitution, that the
provisions of this Act are the | 11 | | exclusive exercise by the State of powers
and functions which | 12 | | might otherwise be exercised by home rule units. Such
powers | 13 | | and functions may not be exercised concurrently, either | 14 | | directly
or indirectly, by any unit of local government, | 15 | | including any home rule
unit, except as otherwise authorized by | 16 | | this Act.
| 17 | | (Source: P.A. 95-331, eff. 8-21-07; 96-889, eff. 1-1-11 .)
| 18 | | Section 5. The Illinois Pension Code is amended by changing | 19 | | Sections 5-168 and 6-165 as follows:
| 20 | | (40 ILCS 5/5-168)
(from Ch. 108 1/2, par. 5-168)
| 21 | | Sec. 5-168. Financing.
| 22 | | (a) Except as expressly provided in this Section, the city | 23 | | shall levy a
tax annually upon all taxable property therein for | 24 | | the purpose of providing
revenue for the fund.
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| 1 | | The tax shall be at a rate that will produce a sum which, | 2 | | when added to the
amounts deducted from the policemen's | 3 | | salaries and the amounts deposited in
accordance with | 4 | | subsection (g), is sufficient for the purposes of the fund.
| 5 | | For the years 1968 and 1969, the city council shall levy a | 6 | | tax
annually at a rate on the dollar of the assessed
valuation | 7 | | of all taxable property that will produce, when extended, not
| 8 | | to exceed $9,700,000. Beginning with the year 1970 and through | 9 | | 2021 2014 , the city council shall levy a tax annually at a rate | 10 | | on the
dollar of the assessed valuation of all taxable property | 11 | | that will
produce when extended an amount not to exceed the | 12 | | total amount of
contributions by the policemen to the Fund made | 13 | | in the calendar year 2
years before the year for which the | 14 | | applicable annual tax is levied,
multiplied by 1.40 for the tax | 15 | | levy year 1970; by 1.50 for the year
1971; by 1.65 for 1972; by | 16 | | 1.85 for 1973; by 1.90 for 1974; by 1.97 for
1975 through 1981; | 17 | | by 2.00 for 1982 and for each year through 2017; by 2.25 for | 18 | | 2018; and by 2.50 for 2019 through 2021 2014 . Beginning in 2022 | 19 | | 2015 , the city council shall levy a tax annually at a rate on | 20 | | the dollar of the assessed valuation of all taxable property | 21 | | that will produce when extended an annual amount that is equal | 22 | | to (1) the normal cost to the Fund, plus (2) an annual amount | 23 | | sufficient to bring the total assets of the Fund up to 90% of | 24 | | the total actuarial liabilities of the Fund by the end of | 25 | | fiscal year 2061 2040 , as annually updated and determined by an | 26 | | enrolled actuary employed by the Illinois Department of |
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| 1 | | Insurance or by an enrolled actuary retained by the Fund or the | 2 | | city. In making these determinations, the required minimum | 3 | | employer contribution shall be calculated each year as a level | 4 | | percentage of payroll over the years remaining up to and | 5 | | including fiscal year 2061 2040 and shall be determined under | 6 | | the projected unit credit actuarial cost method. For the | 7 | | purposes of this subsection (a), contributions by the policeman | 8 | | to the Fund shall not include payments made by a policeman to | 9 | | establish credit under Section 5-214.2 of this Code.
| 10 | | (a-5) For purposes of determining the required employer | 11 | | contribution to the Fund, the value of the Fund's assets shall | 12 | | be equal to the actuarial value of the Fund's assets, which | 13 | | shall be calculated as follows: | 14 | | (1) On March 30, 2011, the actuarial value of the | 15 | | Fund's assets shall be equal to the market value of the | 16 | | assets as of that date. | 17 | | (2) In determining the actuarial value of the Fund's | 18 | | assets for fiscal years after March 30, 2011, any actuarial | 19 | | gains or losses from investment return incurred in a fiscal | 20 | | year shall be recognized in equal annual amounts over the | 21 | | 5-year period following that fiscal year. | 22 | | (a-7) If the city fails to transmit to the Fund | 23 | | contributions required of it under this Article for more than | 24 | | 90 days after the payment of those contributions is due, the | 25 | | Fund may, after giving notice to the city, certify to the State | 26 | | Comptroller the amounts of the delinquent payments, and the |
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| 1 | | Comptroller must, beginning in fiscal year 2023 2016 , deduct | 2 | | and deposit into the Fund the certified amounts or a portion of | 3 | | those amounts from the following proportions of grants of State | 4 | | funds to the city: | 5 | | (1) in fiscal year 2023 2016 , one-third of the total | 6 | | amount of any grants of State funds to the city; | 7 | | (2) in fiscal year 2024 2017 , two-thirds of the total | 8 | | amount of any grants of State funds to the city; and | 9 | | (3) in fiscal year 2025 2018 and each fiscal year | 10 | | thereafter, the total amount of any grants of State funds | 11 | | to the city. | 12 | | The State Comptroller may not deduct from any grants of | 13 | | State funds to the city more than the amount of delinquent | 14 | | payments certified to the State Comptroller by the Fund. | 15 | | (b) The tax shall be levied and collected in like manner | 16 | | with the
general taxes of the city, and is in addition to all | 17 | | other taxes which the
city is now or may hereafter be | 18 | | authorized to levy upon all taxable property
therein, and is | 19 | | exclusive of and in addition to the amount of tax the city is
| 20 | | now or may hereafter be authorized to levy for general purposes | 21 | | under any
law which may limit the amount of tax which the city | 22 | | may levy for general
purposes. The county clerk of the county | 23 | | in which the city is located, in
reducing tax levies under | 24 | | Section 8-3-1 of the Illinois
Municipal Code, shall not | 25 | | consider the tax herein authorized as a part
of the general tax | 26 | | levy for city purposes, and shall not include the tax
in any |
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| 1 | | limitation of the percent of the assessed valuation upon which
| 2 | | taxes are required to be extended for the city.
| 3 | | (c) On or before January 10 of each year, the board shall | 4 | | notify the
city council of the requirement that the tax herein | 5 | | authorized be levied by
the city council for that current year. | 6 | | The board shall compute the
amounts necessary for the purposes | 7 | | of this fund to be credited to the
reserves established and | 8 | | maintained within the fund; shall make an
annual determination | 9 | | of the amount of the required city contributions;
and shall | 10 | | certify the results thereof to the city council.
| 11 | | As soon as any revenue derived from the tax is collected it | 12 | | shall be
paid to the city treasurer of the city and shall be | 13 | | held by him for the
benefit of the fund in accordance with this | 14 | | Article.
| 15 | | (d) If the funds available are insufficient during any year | 16 | | to meet the
requirements of this Article, the city may issue | 17 | | tax anticipation warrants
against the tax levy for the current | 18 | | fiscal year.
| 19 | | (e) The various sums, including interest, to be contributed | 20 | | by the city,
shall be taken from the revenue derived from such | 21 | | tax or otherwise as expressly
provided in this Section. Any | 22 | | moneys of the city derived from any source other
than the tax | 23 | | herein authorized shall not be used for any purpose of the fund
| 24 | | nor the cost of administration thereof, unless applied to make | 25 | | the deposit
expressly authorized in this Section
or the | 26 | | additional city contributions required under subsection (h).
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| 1 | | (f) If it is not possible or practicable for the city to | 2 | | make its
contributions at the time that salary deductions are | 3 | | made, the city
shall make such contributions as soon as | 4 | | possible thereafter, with
interest thereon to the time it is | 5 | | made.
| 6 | | (g) 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
| 15 | | 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 under
| 20 | | this Section may be used, including the payment of any amount | 21 | | that is otherwise
required by this Article to be paid from the | 22 | | proceeds of that tax.
| 23 | | (h) In addition to the contributions required under the | 24 | | other provisions
of this Article, by November 1 of the | 25 | | following specified years, the city shall
deposit with the city | 26 | | treasurer for the benefit of the fund, to be held and
used in |
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| 1 | | accordance with this Article, the following specified amounts:
| 2 | | $6,300,000 in 1999;
$5,880,000 in 2000;
$5,460,000 in 2001;
| 3 | | $5,040,000 in 2002; and
$4,620,000 in 2003.
| 4 | | The additional city contributions required under this | 5 | | subsection are
intended to decrease the unfunded liability of | 6 | | the fund and shall not decrease
the amount of the city | 7 | | contributions required under the other provisions of
this | 8 | | Article. The additional city contributions made under this | 9 | | subsection
may be used by the fund for any of its lawful | 10 | | purposes.
| 11 | | (Source: P.A. 95-1036, eff. 2-17-09; 96-1495, eff. 1-1-11.)
| 12 | | (40 ILCS 5/6-165)
(from Ch. 108 1/2, par. 6-165)
| 13 | | Sec. 6-165. Financing; tax.
| 14 | | (a) Except as expressly provided in this
Section, each city | 15 | | shall levy a tax annually upon all
taxable property therein for | 16 | | the purpose of providing revenue for the
fund. For the years | 17 | | prior to the year 1960, the tax rate shall be as
provided for | 18 | | in the "Firemen's Annuity and Benefit Fund of the Illinois
| 19 | | Municipal Code". The tax, from and after January 1, 1968 to and
| 20 | | including the year 1971, shall not exceed .0863% of the value, | 21 | | as
equalized or assessed by the Department of Revenue, of
all | 22 | | taxable property in the city. Beginning with the year 1972 and | 23 | | through 2021 2014 , the city shall levy a tax annually at a rate | 24 | | on the
dollar of the value, as equalized or assessed by the | 25 | | Department of Revenue
of all taxable property within such city |
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| 1 | | that will
produce, when extended, not to exceed an amount equal | 2 | | to the total
amount of contributions by the employees to the | 3 | | fund made in the
calendar year 2 years prior to the year for | 4 | | which the annual applicable
tax is levied, multiplied by 2.23 | 5 | | through the calendar year 1981, and by
2.26 for the year 1982 | 6 | | and for each year through 2017; by 2.5 for 2018; and by 2.75 | 7 | | for 2019 through 2021 2014 . Beginning in 2022 2015 , the city | 8 | | council shall levy a tax annually at a rate on the dollar of | 9 | | the assessed valuation of all taxable property that will | 10 | | produce when extended an annual amount that is equal to (1) the | 11 | | normal cost to the Fund, plus (2) an annual amount sufficient | 12 | | to bring the total assets of the Fund up to 90% of the total | 13 | | actuarial liabilities of the Fund by the end of fiscal year | 14 | | 2061 2040 , as annually updated and determined by an enrolled | 15 | | actuary employed by the Illinois Department of Insurance or by | 16 | | an enrolled actuary retained by the Fund or the city. In making | 17 | | these determinations, the required minimum employer | 18 | | contribution shall be calculated each year as a level | 19 | | percentage of payroll over the years remaining up to and | 20 | | including fiscal year 2061 2040 and shall be determined under | 21 | | the projected unit credit actuarial cost method.
| 22 | | To provide revenue for the ordinary death benefit | 23 | | established by
Section 6-150 of this Article, in addition to | 24 | | the contributions by the firemen
for this purpose, the city | 25 | | council shall for the
year 1962 and each year thereafter | 26 | | annually levy a tax, which shall be
in addition to and |
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| 1 | | exclusive of the taxes authorized to be levied under
the | 2 | | foregoing provisions of this Section, upon all taxable property | 3 | | in
the city, as equalized or assessed by the Department of | 4 | | Revenue, at such
rate per cent of the value of such property as | 5 | | shall be
sufficient to produce for each year the sum of | 6 | | $142,000.
| 7 | | The amounts produced by the taxes levied annually, together | 8 | | with the
deposit expressly authorized in this Section, shall be
| 9 | | sufficient, when added to the amounts deducted from the | 10 | | salaries of
firemen and applied to the fund, to provide for the | 11 | | purposes of the
fund.
| 12 | | (a-5) For purposes of determining the required employer | 13 | | contribution to the Fund, the value of the Fund's assets shall | 14 | | be equal to the actuarial value of the Fund's assets, which | 15 | | shall be calculated as follows: | 16 | | (1) On March 30, 2011, the actuarial value of the | 17 | | Fund's assets shall be equal to the market value of the | 18 | | assets as of that date. | 19 | | (2) In determining the actuarial value of the Fund's | 20 | | assets for fiscal years after March 30, 2011, any actuarial | 21 | | gains or losses from investment return incurred in a fiscal | 22 | | year shall be recognized in equal annual amounts over the | 23 | | 5-year period following that fiscal year. | 24 | | (a-7) If the city fails to transmit to the Fund | 25 | | contributions required of it under this Article for more than | 26 | | 90 days after the payment of those contributions is due, the |
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| 1 | | Fund may, after giving notice to the city, certify to the State | 2 | | Comptroller the amounts of the delinquent payments, and the | 3 | | Comptroller must, beginning in fiscal year 2023 2016 , deduct | 4 | | and deposit into the Fund the certified amounts or a portion of | 5 | | those amounts from the following proportions of grants of State | 6 | | funds to the city: | 7 | | (1) in fiscal year 2023 2016 , one-third of the total | 8 | | amount of any grants of State funds to the city; | 9 | | (2) in fiscal year 2024 2017 , two-thirds of the total | 10 | | amount of any grants of State funds to the city; and | 11 | | (3) in fiscal year 2025 2018 and each fiscal year | 12 | | thereafter, the total amount of any grants of State funds | 13 | | to the city. | 14 | | The State Comptroller may not deduct from any grants of | 15 | | State funds to the city more than the amount of delinquent | 16 | | payments certified to the State Comptroller by the Fund. | 17 | | (b) The taxes shall be levied and collected in like manner | 18 | | with the
general taxes of the city, and shall be in addition to | 19 | | all other taxes
which the city may levy upon all taxable | 20 | | property therein and shall be
exclusive of and in addition to | 21 | | the amount of tax the city may levy for
general purposes under | 22 | | Section 8-3-1 of the Illinois Municipal Code,
approved May 29, | 23 | | 1961, as amended, or under any other law or laws which
may | 24 | | limit the amount of tax which the city may levy for general
| 25 | | purposes.
| 26 | | (c) The amounts of the taxes to be levied in each year |
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| 1 | | shall be
certified to the city council by the board.
| 2 | | (d) As soon as any revenue derived from such taxes is | 3 | | collected, it
shall be paid to the city treasurer and held for | 4 | | the benefit of the fund, and
all such revenue shall be paid | 5 | | into the fund in accordance with the
provisions of this | 6 | | Article.
| 7 | | (e) If the funds available are insufficient during any year | 8 | | to
meet the requirements of this Article, the city may issue | 9 | | tax anticipation
warrants, against the tax levies herein | 10 | | authorized for the current
fiscal year.
| 11 | | (f) The various sums, hereinafter stated, including | 12 | | interest, to be
contributed by the city, shall be taken from | 13 | | the revenue derived from the taxes
or otherwise as expressly | 14 | | provided in this Section. Except for defraying the
cost of | 15 | | administration of the fund during the calendar year in which a | 16 | | city
first attains a population of 500,000 and comes under the | 17 | | provisions of this
Article and the first calendar year | 18 | | thereafter, any money of the city derived
from any source other | 19 | | than these taxes or the sale of tax anticipation warrants
shall | 20 | | not be used to provide revenue for the fund, nor to pay any | 21 | | part of the
cost of administration thereof, unless applied to | 22 | | make the deposit expressly
authorized in this Section
or the | 23 | | additional city contributions required under subsection (h).
| 24 | | (g) In lieu of levying all or a portion of the tax required | 25 | | under this
Section in any year, the city may deposit with the | 26 | | city treasurer no later than
March 1 of that year for the |
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| 1 | | benefit of the fund, to be held in accordance with
this | 2 | | Article, an amount that, together with the taxes levied under | 3 | | this Section
for that year, is not less than the amount of the | 4 | | city contributions for that
year as certified by the board to | 5 | | the city council. The deposit may be derived
from any source | 6 | | legally available for that purpose, including, but not limited
| 7 | | to, the proceeds of city borrowings. The making of a deposit | 8 | | shall satisfy
fully the requirements of this Section for that | 9 | | year to the extent of the
amounts so deposited. Amounts | 10 | | deposited under this subsection may be used
by the fund for any | 11 | | of the purposes for which the proceeds of the taxes levied
| 12 | | under this Section may be used, including the payment of any | 13 | | amount that is
otherwise required by this Article to be paid | 14 | | from the proceeds of those
taxes.
| 15 | | (h) In addition to the contributions required under the | 16 | | other provisions
of this Article, by November 1 of the | 17 | | following specified years, the city shall
deposit with the city | 18 | | treasurer for the benefit of the fund, to be held and
used in | 19 | | accordance with this Article, the following specified amounts:
| 20 | | $6,300,000 in 1999;
$5,880,000 in 2000;
$5,460,000 in 2001;
| 21 | | $5,040,000 in 2002; and
$4,620,000 in 2003.
| 22 | | The additional city contributions required under this | 23 | | subsection are
intended to decrease the unfunded liability of | 24 | | the fund and shall not decrease
the amount of the city | 25 | | contributions required under the other provisions of
this | 26 | | Article. The additional city contributions made under this |
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| 1 | | subsection
may be used by the fund for any of its lawful | 2 | | purposes.
| 3 | | (Source: P.A. 96-1495, eff. 1-1-11.)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.".
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