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Sen. Daniel Biss
Filed: 3/19/2013
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1 | | AMENDMENT TO SENATE BILL 35
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2 | | AMENDMENT NO. ______. Amend Senate Bill 35, AS AMENDED, |
3 | | with reference to page and line numbers of Senate Amendment No. |
4 | | 1, as follows:
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5 | | on page 26, by replacing lines 13 through 15 with the |
6 | | following: |
7 | | " Assembly shall be 3% of the lesser of (1) the total annuity
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8 | | payable at the time of the increase, including previous
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9 | | increases granted, or (2) $1,000 multiplied by the number of |
10 | | years of creditable service upon which the annuity is based. "; |
11 | | and |
12 | | on page 39, by replacing lines 14 through 16 with " available to |
13 | | the System "; and |
14 | | on page 39, by replacing line 19 with the following: |
15 | | " It shall be the mandatory fiduciary obligation of the Board of |
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1 | | the System to bring that action if the State fails to pay in |
2 | | the fiscal year the amount guaranteed under this subsection. |
3 | | Before commencing that action, the Board shall submit a voucher |
4 | | for monthly contributions as required in Section 2-124. If the |
5 | | State fails to pay a vouchered amount within 90 days after |
6 | | receiving a voucher for that amount, then the Board shall |
7 | | submit a written request to the Comptroller seeking payment of |
8 | | that amount. A copy of the request shall be filed with the |
9 | | Secretary of State, and the Secretary of State shall provide |
10 | | copies of the request to the Governor and General Assembly. No |
11 | | earlier than the 16th day after filing a request with the |
12 | | Secretary, but no later than the 21st day after filing that |
13 | | request, the Board may commence such an action in the Circuit |
14 | | Court. If the Board fails to commence such action on or before |
15 | | the 21st day after filing the request with the Secretary of |
16 | | State, then any participant or annuitant may file a mandamus |
17 | | action against the Board to compel the Board to commence its |
18 | | mandamus action against the State. This Section constitutes an |
19 | | express waiver of the State's sovereign immunity. In ordering |
20 | | the State to make the required payment, the court may order a |
21 | | reasonable payment schedule to enable the State to make the |
22 | | required payment. The obligations and causes of action created |
23 | | under this subsection shall be in addition to any other right |
24 | | or remedy otherwise accorded by common law, or State or federal |
25 | | law, and nothing in this subsection shall be construed to deny, |
26 | | abrogate, impair, or waive any such common law or statutory |
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1 | | right or remedy. |
2 | | Any payments required to be made by the State pursuant to "; |
3 | | and |
4 | | on page 81, by replacing lines 10 through 13 with the |
5 | | following: |
6 | | " Assembly shall be 3% of the lesser of (1) the total annuity
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7 | | payable at the time of the increase, including previous
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8 | | increases granted or (2) $800 ($1,000 if the annuity is
based |
9 | | primarily upon service as a noncovered employee) multiplied by |
10 | | the number of years of creditable service upon which the |
11 | | annuity is based. "; and |
12 | | on page 96, by replacing lines 19 through 21 with " available to |
13 | | the System "; and |
14 | | on page 96, by replacing line 24 with the following: |
15 | | " It shall be the mandatory fiduciary obligation of the Board of |
16 | | the System to bring that action if the State fails to pay in |
17 | | the fiscal year the amount guaranteed under this subsection. |
18 | | Before commencing that action, the Board shall submit a voucher |
19 | | for monthly contributions as required in Section 14-131. If the |
20 | | State fails to pay a vouchered amount within 90 days after |
21 | | receiving a voucher for that amount, then the Board shall |
22 | | submit a written request to the Comptroller seeking payment of |
23 | | that amount. A copy of the request shall be filed with the |
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1 | | Secretary of State, and the Secretary of State shall provide |
2 | | copies of the request to the Governor and General Assembly. No |
3 | | earlier than the 16th day after filing a request with the |
4 | | Secretary, but no later than the 21st day after filing that |
5 | | request, the Board may commence such an action in the Circuit |
6 | | Court. If the Board fails to commence such action on or before |
7 | | the 21st day after filing the request with the Secretary of |
8 | | State, then any participant or annuitant may file a mandamus |
9 | | action against the Board to compel the Board to commence its |
10 | | mandamus action against the State. This Section constitutes an |
11 | | express waiver of the State's sovereign immunity. In ordering |
12 | | the State to make the required payment, the court may order a |
13 | | reasonable payment schedule to enable the State to make the |
14 | | required payment. The obligations and causes of action created |
15 | | under this subsection shall be in addition to any other right |
16 | | or remedy otherwise accorded by common law, or State or federal |
17 | | law, and nothing in this subsection shall be construed to deny, |
18 | | abrogate, impair, or waive any such common law or statutory |
19 | | right or remedy. |
20 | | Any payments required to be made by the State pursuant to "; |
21 | | and |
22 | | on page 122, by replacing lines 24 through 26 with the |
23 | | following: |
24 | | " Assembly shall be 3% of the lesser of (1) the total annuity
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25 | | payable at the time of the increase, including previous
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1 | | increases granted or (2) $1,000 multiplied by the number of |
2 | | years of creditable service upon which the annuity is based. "; |
3 | | and |
4 | | on page 145, by replacing lines 7 through 9 with " available to |
5 | | the System "; and |
6 | | on page 145, by replacing line 12 with the following: |
7 | | " It shall be the mandatory fiduciary obligation of the Board of |
8 | | the System to bring that action if the State fails to pay in |
9 | | the fiscal year the amount guaranteed under this subsection. |
10 | | Before commencing that action, the Board shall submit a voucher |
11 | | for monthly contributions as required in Section 15-155. If the |
12 | | State fails to pay a vouchered amount within 90 days after |
13 | | receiving a voucher for that amount, then the Board shall |
14 | | submit a written request to the Comptroller seeking payment of |
15 | | that amount. A copy of the request shall be filed with the |
16 | | Secretary of State, and the Secretary of State shall provide |
17 | | copies of the request to the Governor and General Assembly. No |
18 | | earlier than the 16th day after filing a request with the |
19 | | Secretary, but no later than the 21st day after filing that |
20 | | request, the Board may commence such an action in the Circuit |
21 | | Court. If the Board fails to commence such action on or before |
22 | | the 21st day after filing the request with the Secretary of |
23 | | State, then any participant or annuitant may file a mandamus |
24 | | action against the Board to compel the Board to commence its |
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1 | | mandamus action against the State. This Section constitutes an |
2 | | express waiver of the State's sovereign immunity. In ordering |
3 | | the State to make the required payment, the court may order a |
4 | | reasonable payment schedule to enable the State to make the |
5 | | required payment. The obligations and causes of action created |
6 | | under this subsection shall be in addition to any other right |
7 | | or remedy otherwise accorded by common law, or State or federal |
8 | | law, and nothing in this subsection shall be construed to deny, |
9 | | abrogate, impair, or waive any such common law or statutory |
10 | | right or remedy. |
11 | | Any payments required to be made by the State pursuant to "; |
12 | | and |
13 | | on page 177, by replacing lines 3 through 5 with the following: |
14 | | " Assembly shall be 3% of the lesser of (1) the total annuity
|
15 | | payable at the time of the increase, including previous
|
16 | | increases granted or (2) $1,000 multiplied by the number of |
17 | | years of creditable service upon which the annuity is based. "; |
18 | | and |
19 | | on page 210, by replacing lines 2 through 4 with " available to |
20 | | the System "; and |
21 | | on page 210, by replacing line 7 with the following: |
22 | | " It shall be the mandatory fiduciary obligation of the Board of |
23 | | the System to bring that action if the State fails to pay in |
24 | | the fiscal year the amount guaranteed under this Section. |
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| | 09800SB0035sam004 | - 7 - | LRB098 05472 JDS 43550 a |
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1 | | Before commencing that action, the Board shall submit a voucher |
2 | | for monthly contributions as required in Section 16-158. If the |
3 | | State fails to pay a vouchered amount within 90 days after |
4 | | receiving a voucher for that amount, then the Board shall |
5 | | submit a written request to the Comptroller seeking payment of |
6 | | that amount. A copy of the request shall be filed with the |
7 | | Secretary of State, and the Secretary of State shall provide |
8 | | copies of the request to the Governor and General Assembly. No |
9 | | earlier than the 16th day after filing a request with the |
10 | | Secretary, but no later than the 21st day after filing that |
11 | | request, the Board may commence such an action in the Circuit |
12 | | Court. If the Board fails to commence such action on or before |
13 | | the 21st day after filing the request with the Secretary of |
14 | | State, then any participant or annuitant may file a mandamus |
15 | | action against the Board to compel the Board to commence its |
16 | | mandamus action against the State. This Section constitutes an |
17 | | express waiver of the State's sovereign immunity. In ordering |
18 | | the State to make the required payment, the court may order a |
19 | | reasonable payment schedule to enable the State to make the |
20 | | required payment. The obligations and causes of action created |
21 | | under this subsection shall be in addition to any other right |
22 | | or remedy otherwise accorded by common law, or State or federal |
23 | | law, and nothing in this Section shall be construed to deny, |
24 | | abrogate, impair, or waive any such common law or statutory |
25 | | right or remedy. |
26 | | Any payments required to be made by the State pursuant to ".
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