Full Text of SB1922 98th General Assembly
SB1922ham004 98TH GENERAL ASSEMBLY | Rep. Michael J. Madigan Filed: 4/2/2014
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| 1 | | AMENDMENT TO SENATE BILL 1922
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1922, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 1. Findings. It is the intention of the General | 6 | | Assembly to address an immediate funding crisis that threatens | 7 | | the solvency and sustainability of the public pension systems | 8 | | ("Pension Funds") serving employees of the City of Chicago | 9 | | ("City"). The Pension Funds include the Municipal Employees' | 10 | | Annuity and Benefit Fund of Chicago ("MEABF") and the Laborers' | 11 | | and Retirement Board Employees' Annuity Benefit Fund of Chicago | 12 | | ("LABF"). After reviewing the condition of the Pension Funds, | 13 | | potential sources of funding, and assessing the need for reform | 14 | | thereof, the General Assembly finds and declares that: | 15 | | 1. The overall financial condition of these two city | 16 | | pension funds is so dire, even under the most optimistic | 17 | | assumptions, a balanced increase in funding, both from the City |
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| 1 | | and from its employees, combined with a modification of retiree | 2 | | benefits for both current and future retirees, is necessary to | 3 | | stabilize and fund the pension funds. | 4 | | 2. While considering the combined unfunded liabilities of | 5 | | these two City funds, as well as other pension funds that | 6 | | ultimately will rely on funds from the City's property tax | 7 | | base, a combination of benefit modification and increased | 8 | | revenues are necessary to keep the city funds solvent. | 9 | | 3. Furthermore, the City cannot feasibly reduce its other | 10 | | expenses to address this serious problem without an | 11 | | unprecedented reduction in basic City services. Personnel | 12 | | costs constitute approximately 75% of the non-discretionary | 13 | | appropriations for the City. As such, reductions in City | 14 | | expenditures to fund pensions would necessarily result in | 15 | | substantial cuts to City personnel, including in key services | 16 | | areas such as public safety, sanitation, and construction. | 17 | | 4. In sum, the crisis confronting the City and its Funds is | 18 | | so large and immediate that it cannot be addressed through | 19 | | increased funding alone, without modifying pension benefits. | 20 | | The consequences to the City of attempting to do so would be | 21 | | draconian. Accordingly, the General Assembly concludes that, | 22 | | unless reforms are enacted, the benefits currently promised by | 23 | | the Pension Funds are at risk. | 24 | | Section 5. The Property Tax Code is amended by changing | 25 | | Section 20-15 as follows:
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| 1 | | (35 ILCS 200/20-15)
| 2 | | Sec. 20-15. Information on bill or separate statement. | 3 | | There shall be
printed on each bill, or on a separate slip | 4 | | which shall be mailed with the
bill:
| 5 | | (a) a statement itemizing the rate at which taxes have | 6 | | been extended for
each of the taxing districts in the | 7 | | county in whose district the property is
located, and in | 8 | | those counties utilizing
electronic data processing | 9 | | equipment the dollar amount of tax due from the
person | 10 | | assessed allocable to each of those taxing districts, | 11 | | including a
separate statement of the dollar amount of tax | 12 | | due which is allocable to a tax
levied under the Illinois | 13 | | Local Library Act or to any other tax levied by a
| 14 | | municipality or township for public library purposes,
| 15 | | (b) a separate statement for each of the taxing | 16 | | districts of the dollar
amount of tax due which is | 17 | | allocable to a tax levied under the Illinois Pension
Code | 18 | | or to any other tax levied by a municipality or township | 19 | | for public
pension or retirement purposes ; provided, | 20 | | however, there shall be a separate statement of the dollar | 21 | | amount of tax due which is allocable to the Pension | 22 | | Stabilization Levy under Articles 8 and 11 of the Illinois | 23 | | Pension Code ,
| 24 | | (c) the total tax rate,
| 25 | | (d) the total amount of tax due, and
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| 1 | | (e) the amount by which the total tax and the tax | 2 | | allocable to each taxing
district differs from the | 3 | | taxpayer's last prior tax bill.
| 4 | | The county treasurer shall ensure that only those taxing | 5 | | districts in
which a parcel of property is located shall be | 6 | | listed on the bill for that
property.
| 7 | | In all counties the statement shall also provide:
| 8 | | (1) the property index number or other suitable | 9 | | description,
| 10 | | (2) the assessment of the property,
| 11 | | (3) the statutory amount of each homestead exemption | 12 | | applied to the property, | 13 | | (4) the assessed value of the property after | 14 | | application of all homestead exemptions,
| 15 | | (5) the equalization factors imposed by the county and | 16 | | by the Department,
and
| 17 | | (6) the equalized assessment resulting from the | 18 | | application of the
equalization factors to the basic | 19 | | assessment.
| 20 | | In all counties which do not classify property for purposes | 21 | | of taxation, for
property on which a single family residence is | 22 | | situated the statement shall
also include a statement to | 23 | | reflect the fair cash value determined for the
property. In all | 24 | | counties which classify property for purposes of taxation in
| 25 | | accordance with Section 4 of Article IX of the Illinois | 26 | | Constitution, for
parcels of residential property in the lowest |
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| 1 | | assessment classification the
statement shall also include a | 2 | | statement to reflect the fair cash value
determined for the | 3 | | property.
| 4 | | In all counties, the statement must include information | 5 | | that certain
taxpayers may be eligible for tax exemptions, | 6 | | abatements, and other assistance programs and that, for more | 7 | | information, taxpayers should consult with the office of their | 8 | | township or county assessor and with the Illinois Department of | 9 | | Revenue.
| 10 | | In all counties, the statement shall include information | 11 | | that certain
taxpayers may be eligible for the Senior Citizens | 12 | | and Disabled Persons Property
Tax Relief Act and that | 13 | | applications are
available from the Illinois Department on | 14 | | Aging.
| 15 | | In counties which use the estimated or accelerated billing | 16 | | methods, these
statements shall only be provided with the final | 17 | | installment of taxes due. The
provisions of this Section create | 18 | | a mandatory statutory duty. They are not
merely directory or | 19 | | discretionary. The failure or neglect of the collector to
mail | 20 | | the bill, or the failure of the taxpayer to receive the bill, | 21 | | shall not
affect the validity of any tax, or the liability for | 22 | | the payment of any tax.
| 23 | | (Source: P.A. 97-689, eff. 6-14-12; 98-93, eff. 7-16-13.)
| 24 | | Section 10. The Illinois Pension Code is amended by | 25 | | changing Sections 1-160, 8-137, 8-137.1, 8-173, 8-174, 8-192, |
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| 1 | | 11-134.1, 11-134.3, 11-169, 11-170, and 11-181 and by adding | 2 | | Sections 8-173.1, 8-174.2, 11-169.1, and 11-179.1 as follows:
| 3 | | (40 ILCS 5/1-160)
| 4 | | (Text of Section before amendment by P.A. 98-622 ) | 5 | | Sec. 1-160. Provisions applicable to new hires. | 6 | | (a) The provisions of this Section apply to a person who, | 7 | | on or after January 1, 2011, first becomes a member or a | 8 | | participant under any reciprocal retirement system or pension | 9 | | fund established under this Code, other than a retirement | 10 | | system or pension fund established under Article 2, 3, 4, 5, 6, | 11 | | 15 or 18 of this Code, notwithstanding any other provision of | 12 | | this Code to the contrary, but do not apply to any self-managed | 13 | | plan established under this Code, to any person with respect to | 14 | | service as a sheriff's law enforcement employee under Article | 15 | | 7, or to any participant of the retirement plan established | 16 | | under Section 22-101. Notwithstanding anything to the contrary | 17 | | in this Section, for purposes of this Section, a person who | 18 | | participated in a retirement system under Article 15 prior to | 19 | | January 1, 2011 shall be deemed a person who first became a | 20 | | member or participant prior to January 1, 2011 under any | 21 | | retirement system or pension fund subject to this Section. The | 22 | | changes made to this Section by Public Act 98-596 this | 23 | | amendatory Act of the 98th General Assembly are a clarification | 24 | | of existing law and are intended to be retroactive to the | 25 | | effective date of Public Act 96-889, notwithstanding the |
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| 1 | | provisions of Section 1-103.1 of this Code. | 2 | | (b) "Final average salary" means the average monthly (or | 3 | | annual) salary obtained by dividing the total salary or | 4 | | earnings calculated under the Article applicable to the member | 5 | | or participant during the 96 consecutive months (or 8 | 6 | | consecutive years) of service within the last 120 months (or 10 | 7 | | years) of service in which the total salary or earnings | 8 | | calculated under the applicable Article was the highest by the | 9 | | number of months (or years) of service in that period. For the | 10 | | purposes of a person who first becomes a member or participant | 11 | | of any retirement system or pension fund to which this Section | 12 | | applies on or after January 1, 2011, in this Code, "final | 13 | | average salary" shall be substituted for the following: | 14 | | (1) In Article 7 (except for service as sheriff's law | 15 | | enforcement employees), "final rate of earnings". | 16 | | (2) In Articles 8, 9, 10, 11, and 12, "highest average | 17 | | annual salary for any 4 consecutive years within the last | 18 | | 10 years of service immediately preceding the date of | 19 | | withdrawal". | 20 | | (3) In Article 13, "average final salary". | 21 | | (4) In Article 14, "final average compensation". | 22 | | (5) In Article 17, "average salary". | 23 | | (6) In Section 22-207, "wages or salary received by him | 24 | | at the date of retirement or discharge". | 25 | | (b-5) Beginning on January 1, 2011, for all purposes under | 26 | | this Code (including without limitation the calculation of |
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| 1 | | benefits and employee contributions), the annual earnings, | 2 | | salary, or wages (based on the plan year) of a member or | 3 | | participant to whom this Section applies shall not exceed | 4 | | $106,800; however, that amount shall annually thereafter be | 5 | | increased by the lesser of (i) 3% of that amount, including all | 6 | | previous adjustments, or (ii) one-half the annual unadjusted | 7 | | percentage increase (but not less than zero) in the consumer | 8 | | price index-u
for the 12 months ending with the September | 9 | | preceding each November 1, including all previous adjustments. | 10 | | For the purposes of this Section, "consumer price index-u" | 11 | | means
the index published by the Bureau of Labor Statistics of | 12 | | the United States
Department of Labor that measures the average | 13 | | change in prices of goods and
services purchased by all urban | 14 | | consumers, United States city average, all
items, 1982-84 = | 15 | | 100. The new amount resulting from each annual adjustment
shall | 16 | | be determined by the Public Pension Division of the Department | 17 | | of Insurance and made available to the boards of the retirement | 18 | | systems and pension funds by November 1 of each year. | 19 | | (c) A member or participant is entitled to a retirement
| 20 | | annuity upon written application if he or she has attained age | 21 | | 67 and has at least 10 years of service credit and is otherwise | 22 | | eligible under the requirements of the applicable Article. | 23 | | A member or participant who has attained age 62 and has at | 24 | | least 10 years of service credit and is otherwise eligible | 25 | | under the requirements of the applicable Article may elect to | 26 | | receive the lower retirement annuity provided
in subsection (d) |
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| 1 | | of this Section. | 2 | | (d) The retirement annuity of a member or participant who | 3 | | is retiring after attaining age 62 with at least 10 years of | 4 | | service credit shall be reduced by one-half
of 1% for each full | 5 | | month that the member's age is under age 67. | 6 | | (e) Any retirement annuity or supplemental annuity shall be | 7 | | subject to annual increases on the January 1 occurring either | 8 | | on or after the attainment of age 67 or the first anniversary | 9 | | of the annuity start date, whichever is later. Each annual | 10 | | increase shall be calculated at 3% or one-half the annual | 11 | | unadjusted percentage increase (but not less than zero) in the | 12 | | consumer price index-u for the 12 months ending with the | 13 | | September preceding each November 1, whichever is less, of the | 14 | | originally granted retirement annuity. If the annual | 15 | | unadjusted percentage change in the consumer price index-u for | 16 | | the 12 months ending with the September preceding each November | 17 | | 1 is zero or there is a decrease, then the annuity shall not be | 18 | | increased. | 19 | | (f) The initial survivor's or widow's annuity of an | 20 | | otherwise eligible survivor or widow of a retired member or | 21 | | participant who first became a member or participant on or | 22 | | after January 1, 2011 shall be in the amount of 66 2/3% of the | 23 | | retired member's or participant's retirement annuity at the | 24 | | date of death. In the case of the death of a member or | 25 | | participant who has not retired and who first became a member | 26 | | or participant on or after January 1, 2011, eligibility for a |
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| 1 | | survivor's or widow's annuity shall be determined by the | 2 | | applicable Article of this Code. The initial benefit shall be | 3 | | 66 2/3% of the earned annuity without a reduction due to age. A | 4 | | child's annuity of an otherwise eligible child shall be in the | 5 | | amount prescribed under each Article if applicable. Any | 6 | | survivor's or widow's annuity shall be increased (1) on each | 7 | | January 1 occurring on or after the commencement of the annuity | 8 | | if
the deceased member died while receiving a retirement | 9 | | annuity or (2) in
other cases, on each January 1 occurring | 10 | | after the first anniversary
of the commencement of the annuity. | 11 | | Each annual increase shall be calculated at 3% or one-half the | 12 | | annual unadjusted percentage increase (but not less than zero) | 13 | | in the consumer price index-u for the 12 months ending with the | 14 | | September preceding each November 1, whichever is less, of the | 15 | | originally granted survivor's annuity. If the annual | 16 | | unadjusted percentage change in the consumer price index-u for | 17 | | the 12 months ending with the September preceding each November | 18 | | 1 is zero or there is a decrease, then the annuity shall not be | 19 | | increased. | 20 | | (g) The benefits in Section 14-110 apply only if the person | 21 | | is a State policeman, a fire fighter in the fire protection | 22 | | service of a department, or a security employee of the | 23 | | Department of Corrections or the Department of Juvenile | 24 | | Justice, as those terms are defined in subsection (b) of | 25 | | Section 14-110. A person who meets the requirements of this | 26 | | Section is entitled to an annuity calculated under the |
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| 1 | | provisions of Section 14-110, in lieu of the regular or minimum | 2 | | retirement annuity, only if the person has withdrawn from | 3 | | service with not less than 20
years of eligible creditable | 4 | | service and has attained age 60, regardless of whether
the | 5 | | attainment of age 60 occurs while the person is
still in | 6 | | service. | 7 | | (h) If a person who first becomes a member or a participant | 8 | | of a retirement system or pension fund subject to this Section | 9 | | on or after January 1, 2011 is receiving a retirement annuity | 10 | | or retirement pension under that system or fund and becomes a | 11 | | member or participant under any other system or fund created by | 12 | | this Code and is employed on a full-time basis, except for | 13 | | those members or participants exempted from the provisions of | 14 | | this Section under subsection (a) of this Section, then the | 15 | | person's retirement annuity or retirement pension under that | 16 | | system or fund shall be suspended during that employment. Upon | 17 | | termination of that employment, the person's retirement | 18 | | annuity or retirement pension payments shall resume and be | 19 | | recalculated if recalculation is provided for under the | 20 | | applicable Article of this Code. | 21 | | If a person who first becomes a member of a retirement | 22 | | system or pension fund subject to this Section on or after | 23 | | January 1, 2012 and is receiving a retirement annuity or | 24 | | retirement pension under that system or fund and accepts on a | 25 | | contractual basis a position to provide services to a | 26 | | governmental entity from which he or she has retired, then that |
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| 1 | | person's annuity or retirement pension earned as an active | 2 | | employee of the employer shall be suspended during that | 3 | | contractual service. A person receiving an annuity or | 4 | | retirement pension under this Code shall notify the pension | 5 | | fund or retirement system from which he or she is receiving an | 6 | | annuity or retirement pension, as well as his or her | 7 | | contractual employer, of his or her retirement status before | 8 | | accepting contractual employment. A person who fails to submit | 9 | | such notification shall be guilty of a Class A misdemeanor and | 10 | | required to pay a fine of $1,000. Upon termination of that | 11 | | contractual employment, the person's retirement annuity or | 12 | | retirement pension payments shall resume and, if appropriate, | 13 | | be recalculated under the applicable provisions of this Code. | 14 | | (i) (Blank). | 15 | | (j) In the case of a conflict between the provisions of | 16 | | this Section and any other provision of this Code, the | 17 | | provisions of this Section shall control.
| 18 | | (Source: P.A. 97-609, eff. 1-1-12; 98-92, eff. 7-16-13; 98-596, | 19 | | eff. 11-19-13; revised 1-23-14.) | 20 | | (Text of Section after amendment by P.A. 98-622 )
| 21 | | Sec. 1-160. Provisions applicable to new hires. | 22 | | (a) The provisions of this Section apply to a person who, | 23 | | on or after January 1, 2011, first becomes a member or a | 24 | | participant under any reciprocal retirement system or pension | 25 | | fund established under this Code, other than a retirement |
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| 1 | | system or pension fund established under Article 2, 3, 4, 5, 6, | 2 | | 15 or 18 of this Code, notwithstanding any other provision of | 3 | | this Code to the contrary, but do not apply to any self-managed | 4 | | plan established under this Code, to any person with respect to | 5 | | service as a sheriff's law enforcement employee under Article | 6 | | 7, or to any participant of the retirement plan established | 7 | | under Section 22-101. Notwithstanding anything to the contrary | 8 | | in this Section, for purposes of this Section, a person who | 9 | | participated in a retirement system under Article 15 prior to | 10 | | January 1, 2011 shall be deemed a person who first became a | 11 | | member or participant prior to January 1, 2011 under any | 12 | | retirement system or pension fund subject to this Section. The | 13 | | changes made to this Section by Public Act 98-596 this | 14 | | amendatory Act of the 98th General Assembly are a clarification | 15 | | of existing law and are intended to be retroactive to the | 16 | | effective date of Public Act 96-889, notwithstanding the | 17 | | provisions of Section 1-103.1 of this Code. | 18 | | (b) "Final average salary" means the average monthly (or | 19 | | annual) salary obtained by dividing the total salary or | 20 | | earnings calculated under the Article applicable to the member | 21 | | or participant during the 96 consecutive months (or 8 | 22 | | consecutive years) of service within the last 120 months (or 10 | 23 | | years) of service in which the total salary or earnings | 24 | | calculated under the applicable Article was the highest by the | 25 | | number of months (or years) of service in that period. For the | 26 | | purposes of a person who first becomes a member or participant |
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| 1 | | of any retirement system or pension fund to which this Section | 2 | | applies on or after January 1, 2011, in this Code, "final | 3 | | average salary" shall be substituted for the following: | 4 | | (1) In Article 7 (except for service as sheriff's law | 5 | | enforcement employees), "final rate of earnings". | 6 | | (2) In Articles 8, 9, 10, 11, and 12, "highest average | 7 | | annual salary for any 4 consecutive years within the last | 8 | | 10 years of service immediately preceding the date of | 9 | | withdrawal". | 10 | | (3) In Article 13, "average final salary". | 11 | | (4) In Article 14, "final average compensation". | 12 | | (5) In Article 17, "average salary". | 13 | | (6) In Section 22-207, "wages or salary received by him | 14 | | at the date of retirement or discharge". | 15 | | (b-5) Beginning on January 1, 2011, for all purposes under | 16 | | this Code (including without limitation the calculation of | 17 | | benefits and employee contributions), the annual earnings, | 18 | | salary, or wages (based on the plan year) of a member or | 19 | | participant to whom this Section applies shall not exceed | 20 | | $106,800; however, that amount shall annually thereafter be | 21 | | increased by the lesser of (i) 3% of that amount, including all | 22 | | previous adjustments, or (ii) one-half the annual unadjusted | 23 | | percentage increase (but not less than zero) in the consumer | 24 | | price index-u
for the 12 months ending with the September | 25 | | preceding each November 1, including all previous adjustments. | 26 | | For the purposes of this Section, "consumer price index-u" |
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| 1 | | means
the index published by the Bureau of Labor Statistics of | 2 | | the United States
Department of Labor that measures the average | 3 | | change in prices of goods and
services purchased by all urban | 4 | | consumers, United States city average, all
items, 1982-84 = | 5 | | 100. The new amount resulting from each annual adjustment
shall | 6 | | be determined by the Public Pension Division of the Department | 7 | | of Insurance and made available to the boards of the retirement | 8 | | systems and pension funds by November 1 of each year. | 9 | | (c) A member or participant is entitled to a retirement
| 10 | | annuity upon written application if he or she has attained age | 11 | | 67 (beginning January 1, 2015, age 65 with respect to service | 12 | | under Article 8, 11, or 12 of this Code that is subject to this | 13 | | Section) and has at least 10 years of service credit and is | 14 | | otherwise eligible under the requirements of the applicable | 15 | | Article. | 16 | | A member or participant who has attained age 62 (beginning | 17 | | January 1, 2015, age 60 with respect to service under Article | 18 | | 8, 11, or 12 of this Code that is subject to this Section) and | 19 | | has at least 10 years of service credit and is otherwise | 20 | | eligible under the requirements of the applicable Article may | 21 | | elect to receive the lower retirement annuity provided
in | 22 | | subsection (d) of this Section. | 23 | | (d) The retirement annuity of a member or participant who | 24 | | is retiring after attaining age 62 (beginning January 1, 2015, | 25 | | age 60 with respect to service under Article 8, 11, or 12 of | 26 | | this Code that is subject to this Section) with at least 10 |
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| 1 | | years of service credit shall be reduced by one-half
of 1% for | 2 | | each full month that the member's age is under age 67 | 3 | | (beginning January 1, 2015, age 65 with respect to service | 4 | | under Article 8, 11, or 12 of this Code that is subject to this | 5 | | Section). | 6 | | (e) Any retirement annuity or supplemental annuity shall be | 7 | | subject to annual increases on the January 1 occurring either | 8 | | on or after the attainment of age 67 (beginning January 1, | 9 | | 2015, age 65 with respect to service under Article 8, 11, or 12 | 10 | | of this Code that is subject to this Section) or the first | 11 | | anniversary (the second anniversary with respect to service | 12 | | under Article 8 or 11) of the annuity start date, whichever is | 13 | | later. Each annual increase shall be calculated at 3% or | 14 | | one-half the annual unadjusted percentage increase (but not | 15 | | less than zero) in the consumer price index-u for the 12 months | 16 | | ending with the September preceding each November 1, whichever | 17 | | is less, of the originally granted retirement annuity. If the | 18 | | annual unadjusted percentage change in the consumer price | 19 | | index-u for the 12 months ending with the September preceding | 20 | | each November 1 is zero or there is a decrease, then the | 21 | | annuity shall not be increased. | 22 | | Notwithstanding any provision of this Section to the | 23 | | contrary, with respect to service under Article 8 or 11 of this | 24 | | Code that is subject to this Section, no annual increase under | 25 | | this subsection shall be paid or accrue to any person in year | 26 | | 2025. In all other years, the Fund shall continue to pay annual |
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| 1 | | increases as provided in this Section. | 2 | | Notwithstanding Section 1-103.1 of this Code, the changes | 3 | | in this amendatory Act of the 98th General Assembly are | 4 | | applicable without regard to whether the employee was in active | 5 | | service on or after the effective date of this amendatory Act | 6 | | of the 98th General Assembly. | 7 | | (f) The initial survivor's or widow's annuity of an | 8 | | otherwise eligible survivor or widow of a retired member or | 9 | | participant who first became a member or participant on or | 10 | | after January 1, 2011 shall be in the amount of 66 2/3% of the | 11 | | retired member's or participant's retirement annuity at the | 12 | | date of death. In the case of the death of a member or | 13 | | participant who has not retired and who first became a member | 14 | | or participant on or after January 1, 2011, eligibility for a | 15 | | survivor's or widow's annuity shall be determined by the | 16 | | applicable Article of this Code. The initial benefit shall be | 17 | | 66 2/3% of the earned annuity without a reduction due to age. A | 18 | | child's annuity of an otherwise eligible child shall be in the | 19 | | amount prescribed under each Article if applicable. Any | 20 | | survivor's or widow's annuity shall be increased (1) on each | 21 | | January 1 occurring on or after the commencement of the annuity | 22 | | if
the deceased member died while receiving a retirement | 23 | | annuity or (2) in
other cases, on each January 1 occurring | 24 | | after the first anniversary
of the commencement of the annuity. | 25 | | Each annual increase shall be calculated at 3% or one-half the | 26 | | annual unadjusted percentage increase (but not less than zero) |
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| 1 | | in the consumer price index-u for the 12 months ending with the | 2 | | September preceding each November 1, whichever is less, of the | 3 | | originally granted survivor's annuity. If the annual | 4 | | unadjusted percentage change in the consumer price index-u for | 5 | | the 12 months ending with the September preceding each November | 6 | | 1 is zero or there is a decrease, then the annuity shall not be | 7 | | increased. | 8 | | (g) The benefits in Section 14-110 apply only if the person | 9 | | is a State policeman, a fire fighter in the fire protection | 10 | | service of a department, or a security employee of the | 11 | | Department of Corrections or the Department of Juvenile | 12 | | Justice, as those terms are defined in subsection (b) of | 13 | | Section 14-110. A person who meets the requirements of this | 14 | | Section is entitled to an annuity calculated under the | 15 | | provisions of Section 14-110, in lieu of the regular or minimum | 16 | | retirement annuity, only if the person has withdrawn from | 17 | | service with not less than 20
years of eligible creditable | 18 | | service and has attained age 60, regardless of whether
the | 19 | | attainment of age 60 occurs while the person is
still in | 20 | | service. | 21 | | (h) If a person who first becomes a member or a participant | 22 | | of a retirement system or pension fund subject to this Section | 23 | | on or after January 1, 2011 is receiving a retirement annuity | 24 | | or retirement pension under that system or fund and becomes a | 25 | | member or participant under any other system or fund created by | 26 | | this Code and is employed on a full-time basis, except for |
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| 1 | | those members or participants exempted from the provisions of | 2 | | this Section under subsection (a) of this Section, then the | 3 | | person's retirement annuity or retirement pension under that | 4 | | system or fund shall be suspended during that employment. Upon | 5 | | termination of that employment, the person's retirement | 6 | | annuity or retirement pension payments shall resume and be | 7 | | recalculated if recalculation is provided for under the | 8 | | applicable Article of this Code. | 9 | | If a person who first becomes a member of a retirement | 10 | | system or pension fund subject to this Section on or after | 11 | | January 1, 2012 and is receiving a retirement annuity or | 12 | | retirement pension under that system or fund and accepts on a | 13 | | contractual basis a position to provide services to a | 14 | | governmental entity from which he or she has retired, then that | 15 | | person's annuity or retirement pension earned as an active | 16 | | employee of the employer shall be suspended during that | 17 | | contractual service. A person receiving an annuity or | 18 | | retirement pension under this Code shall notify the pension | 19 | | fund or retirement system from which he or she is receiving an | 20 | | annuity or retirement pension, as well as his or her | 21 | | contractual employer, of his or her retirement status before | 22 | | accepting contractual employment. A person who fails to submit | 23 | | such notification shall be guilty of a Class A misdemeanor and | 24 | | required to pay a fine of $1,000. Upon termination of that | 25 | | contractual employment, the person's retirement annuity or | 26 | | retirement pension payments shall resume and, if appropriate, |
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| 1 | | be recalculated under the applicable provisions of this Code. | 2 | | (i) (Blank). | 3 | | (j) In the case of a conflict between the provisions of | 4 | | this Section and any other provision of this Code, the | 5 | | provisions of this Section shall control.
| 6 | | (Source: P.A. 97-609, eff. 1-1-12; 98-92, eff. 7-16-13; 98-596, | 7 | | eff. 11-19-13; 98-622, eff. 6-1-14; revised 1-23-14.)
| 8 | | (40 ILCS 5/8-137)
(from Ch. 108 1/2, par. 8-137)
| 9 | | Sec. 8-137. Automatic increase in annuity.
| 10 | | (a) An employee who retired or retires from service after | 11 | | December 31,
1959 and before January 1, 1987, having attained | 12 | | age 60 or more, shall,
in January of the year
after the year in | 13 | | which the first anniversary of retirement occurs, have
the | 14 | | amount of his then fixed and payable monthly annuity increased | 15 | | by 1
1/2%, and such first fixed annuity as granted at | 16 | | retirement increased by
a further 1 1/2% in January of each | 17 | | year thereafter. Beginning with
January of the year 1972, such | 18 | | increases shall be at the rate of 2% in
lieu of the aforesaid | 19 | | specified 1 1/2%, and beginning with January of the
year 1984 | 20 | | such increases shall be at the rate of 3%.
Beginning in January | 21 | | of 1999, such increases
shall be at the rate of 3% of the | 22 | | currently payable monthly annuity,
including any increases | 23 | | previously granted under this Article. An
employee who retires | 24 | | on annuity after December 31, 1959 and before
January 1, 1987, | 25 | | but before age 60, shall receive such
increases beginning in |
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| 1 | | January of the year after the year
in which he attains age 60.
| 2 | | An employee who retires from service on or after January 1, | 3 | | 1987 shall, upon
the first annuity payment date following the | 4 | | first anniversary of the date of
retirement, or upon the first | 5 | | annuity payment date following attainment of age
60, whichever | 6 | | occurs later, have his then fixed and payable monthly annuity
| 7 | | increased by 3%, and such annuity shall be increased by an | 8 | | additional 3% of the
original fixed annuity on the same date | 9 | | each year thereafter. Beginning in
January of 1999, such | 10 | | increases shall be at the rate of 3% of the currently
payable | 11 | | monthly annuity, including any increases previously granted | 12 | | under this
Article.
| 13 | | (a-5) Notwithstanding the provisions of subsection (a), | 14 | | upon the first
annuity payment date following (1) the third | 15 | | anniversary of retirement, (2)
the attainment of age 53, or (3) | 16 | | January 1, 2002, whichever
occurs latest,
the
monthly annuity | 17 | | of an employee who retires on annuity prior to the attainment
| 18 | | of age 60 and has not received an increase under subsection (a) | 19 | | shall
be
increased by 3%, and the annuity shall be increased by | 20 | | an additional
3% of the
current payable monthly annuity, | 21 | | including any
increases previously
granted
under this Article, | 22 | | on the same date each year thereafter. The increases
provided | 23 | | under this subsection are in lieu of the increases provided in
| 24 | | subsection (a).
| 25 | | (a-6) Notwithstanding the provisions of subsections (a) | 26 | | and (a-5), for all
calendar years following the year in which |
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| 1 | | this amendatory Act of the 93rd
General Assembly takes effect, | 2 | | an increase in annuity under this Section that
would otherwise | 3 | | take effect at any time during the year shall instead take
| 4 | | effect in January of that year.
| 5 | | (b) Subsections (a), (a-5), and (a-6) are not
applicable to | 6 | | an employee retiring
and receiving a term annuity, as herein | 7 | | defined, nor to any otherwise
qualified employee who retires | 8 | | before he makes employee contributions (at
the 1/2 of 1% rate | 9 | | as provided in this Act) for this additional
annuity for not | 10 | | less than the equivalent of one full year. Such
employee, | 11 | | however, shall make arrangement to pay to the fund a balance
of | 12 | | such 1/2 of 1% contributions, based on his final salary, as | 13 | | will
bring such 1/2 of 1% contributions, computed without | 14 | | interest, to the
equivalent of or completion of one year's | 15 | | contributions.
| 16 | | Beginning with January, 1960, each employee shall | 17 | | contribute by means of
salary deductions 1/2 of 1% of each | 18 | | salary payment, concurrently with
and in addition to the | 19 | | employee contributions otherwise made for annuity
purposes.
| 20 | | Each such additional contribution shall be credited to an | 21 | | account in
the prior service annuity reserve, to be used, | 22 | | together with city
contributions, to defray the cost of the | 23 | | specified annuity increments.
Any balance in such account at | 24 | | the beginning of each calendar year shall
be credited with | 25 | | interest at the rate of 3% per annum.
| 26 | | Such additional employee contributions are not refundable, |
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| 1 | | except to
an employee who withdraws and applies for refund | 2 | | under this Article, and
in cases where a term annuity becomes | 3 | | payable. In such cases his
contributions shall be refunded, | 4 | | without interest, and charged to such
account in the prior | 5 | | service annuity reserve.
| 6 | | (b-5) Notwithstanding any provision of this Section to the | 7 | | contrary, there shall be no annual increase under this Section | 8 | | in years 2017, 2019, and 2025. In all other years, beginning | 9 | | January 1, 2015, the Fund shall pay an annual increase to | 10 | | persons eligible to receive one under this Section, in lieu of | 11 | | any other annual increase provided under this Section, in an | 12 | | amount equal to the lesser of 3% or one-half the annual | 13 | | unadjusted percentage increase (but not less than zero) in the | 14 | | consumer price index-u for the 12 months ending with the | 15 | | September preceding each November 1, of the person's last | 16 | | annual annuity amount prior to January 1, 2015. If a person was | 17 | | not granted an annuity before the effective date of this | 18 | | amendatory Act of the 98th General Assembly, then this | 19 | | calculation shall be based on his or her originally granted | 20 | | annuity; provided, however, that a person retiring after the | 21 | | effective date of this amendatory Act of the 98th General | 22 | | Assembly shall not be eligible for an annual increase under | 23 | | this Section until one full year after the date on which such | 24 | | annual increase otherwise would take effect under this Section. | 25 | | For the purposes of this Section, "consumer price index-u" | 26 | | means the index published by the Bureau of Labor Statistics of |
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| 1 | | the United States Department of Labor that measures the average | 2 | | change in prices of goods and services purchased by all urban | 3 | | consumers, United States city average, all items, 1982-84 = | 4 | | 100. | 5 | | Notwithstanding Section 1-103.1, this subsection (b-5) is | 6 | | applicable without regard to whether the employee was in active | 7 | | service on or after the effective date of this amendatory Act | 8 | | of the 98th General Assembly. This subsection (b-5) applies to | 9 | | any former employee who on or after the effective date of this | 10 | | amendatory Act of the 98th General Assembly is receiving a | 11 | | retirement annuity and is eligible for an automatic annual | 12 | | increase under this Section. | 13 | | (Source: P.A. 92-599, eff. 6-28-02; 92-609, eff. 7-1-02; | 14 | | 93-654, eff. 1-16-04.)
| 15 | | (40 ILCS 5/8-137.1) (from Ch. 108 1/2, par. 8-137.1)
| 16 | | Sec. 8-137.1. Automatic increases in annuity for certain | 17 | | heretofore retired
participants.
A retired municipal employee | 18 | | who (a) is receiving annuity based on a
service credit of 20 or | 19 | | more years regardless of age at retirement or based
on a | 20 | | service credit of 15 or more years with retirement at age 55 or | 21 | | over,
and (b) does not qualify for the automatic increases in | 22 | | annuity provided
for in Section 8-137 of this Article, and (c) | 23 | | elects to make a contribution
to the Fund at a time and manner | 24 | | prescribed by the Retirement Board, of a
sum equal to 1% of the | 25 | | amount of final monthly salary times the number of
full years |
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| 1 | | of service on which the annuity was based in those cases where
| 2 | | the annuity was computed on the money purchase formula and in | 3 | | those cases
in which the annuity was computed under the minimum | 4 | | annuity formula
provisions of this Article a sum equal to 1% of | 5 | | the average monthly salary
on which the annuity was based times | 6 | | such number of full years of service,
shall have his original | 7 | | fixed and payable monthly amount of annuity
increased in | 8 | | January of the year following the year in which he attains the
| 9 | | age of 65 years, if such age of 65 years is attained in the year | 10 | | 1969 or
later, by an amount equal to 1-1/2%, and by an equal | 11 | | additional 1-1/2% in
January of each year thereafter. Beginning | 12 | | with January of the year 1972,
such increases shall be at the | 13 | | rate of 2% in lieu of the aforesaid
specified 1 1/2%, and | 14 | | beginning January of the year 1984 such increases
shall be at | 15 | | the rate of 3%.
Beginning in January of 1999, such increases | 16 | | shall be at the rate of
3% of the currently payable monthly | 17 | | annuity, including any increases previously
granted under this | 18 | | Article.
| 19 | | Whenever the retired municipal employee receiving annuity | 20 | | has attained
the age of 66 or more in 1969, he shall have such | 21 | | annuity increased in
January, 1970 by an amount equal to 1-1/2% | 22 | | multiplied by the number equal
to the number of months of | 23 | | January elapsing from and including January of
the year | 24 | | immediately following the year he attained the age of 65 if
| 25 | | retired at or before age 65, or from and including January of | 26 | | the year
immediately following the year of retirement if |
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| 1 | | retired at an age greater
than 65, to and including January, | 2 | | 1970, and by an equal additional 1-1/2%
in January of each year | 3 | | thereafter. Beginning with January of the year
1972, such | 4 | | increases shall be at the rate of 2% in lieu of the aforesaid
| 5 | | specified 1 1/2%, and beginning January of the year 1984 such | 6 | | increases
shall be at the rate of 3%.
Beginning in January of | 7 | | 1999, such increases shall be at the rate of
3% of the | 8 | | currently payable monthly annuity, including any increases | 9 | | previously
granted under this Article.
| 10 | | To defray the annual cost of such increases, the annual | 11 | | interest income
of the Fund, accruing from investments held by | 12 | | the Fund, exclusive of gains
or losses on sales or exchanges of | 13 | | assets during the year, over and above
4% a year, shall be used | 14 | | to the extent necessary and available to finance
the cost of | 15 | | such increases for the following year, and such amount shall be
| 16 | | transferred as of the end of each year, beginning with the year | 17 | | 1969, to a
Fund account designated as the Supplementary Payment | 18 | | Reserve from the
Investment and Interest Reserve set forth in | 19 | | Section 8-221. The sums
contributed by annuitants as provided | 20 | | for in this Section shall also be
placed in the aforesaid | 21 | | Supplementary Payment Reserve and shall be applied
and used for | 22 | | the purposes of such Fund account, together with the aforesaid
| 23 | | interest.
| 24 | | In the event the monies in the Supplementary Payment | 25 | | Reserve in any year
arising from: (1) the available interest | 26 | | income as defined hereinbefore and
accruing in the preceding |
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| 1 | | year above 4% a year and (2) the contributions by
retired | 2 | | persons, as set forth hereinbefore, are insufficient to make | 3 | | the
total payments to all persons estimated to be entitled to | 4 | | the annuity
increases specified hereinbefore, then (3) any | 5 | | interest earnings over 4% a
year beginning with the year 1969 | 6 | | which were not previously used to finance
such increases and | 7 | | which were transferred to the Prior Service Annuity
Reserve may | 8 | | be used to the extent necessary and available to provide
| 9 | | sufficient funds to finance such increases for the current | 10 | | year, and such
sums shall be transferred from the Prior Service | 11 | | Annuity Reserve.
| 12 | | In the event the total monies available in the | 13 | | Supplementary Payment
Reserve from the preceding indicated | 14 | | sources are insufficient to make the
total payments to all | 15 | | persons entitled to such increases for the year, a
| 16 | | proportionate amount computed as the ratio of the monies | 17 | | available to the
total of the total payments for that year | 18 | | shall be paid to each person for
that year.
| 19 | | The Fund shall be obligated for the payment of the | 20 | | increases in annuity
as provided for in this Section only to | 21 | | the extent that the assets for such
purpose, as specified | 22 | | herein, are available.
| 23 | | Notwithstanding any provision of this Section to the | 24 | | contrary, there shall be no annual increase under this Section | 25 | | in years 2017, 2019, and 2025. In all other years, beginning | 26 | | January 1, 2015, the Fund shall pay an annual increase to |
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| 1 | | persons eligible to receive one under this Section, in lieu of | 2 | | any other annual increase provided under this Section, in an | 3 | | amount equal to the lesser of 3% or one-half the annual | 4 | | unadjusted percentage increase (but not less than zero) in the | 5 | | consumer price index-u for the 12 months ending with the | 6 | | September preceding each November 1, of the person's last | 7 | | annual annuity amount prior to January 1, 2015. | 8 | | For purposes of this Section, "consumer price index-u" | 9 | | means the index published by the Bureau of Labor Statistics of | 10 | | the United States Department of Labor that measures the average | 11 | | change in prices of goods and services purchased by all urban | 12 | | consumers, United States city average, all items, 1982-84 = | 13 | | 100. | 14 | | Notwithstanding Section 1-103.1, the changes made to this | 15 | | Section by this amendatory Act of the 98th General Assembly are | 16 | | applicable without regard to whether the employee was in active | 17 | | service on or after the effective date of this amendatory Act. | 18 | | These changes apply to any former employee who, on or after the | 19 | | effective date of this amendatory Act, is receiving a | 20 | | retirement annuity and is eligible for an automatic annual | 21 | | increase under this Section. | 22 | | (Source: P.A. 90-766, eff. 8-14-98.)
| 23 | | (40 ILCS 5/8-173) (from Ch. 108 1/2, par. 8-173)
| 24 | | Sec. 8-173. Financing; tax levies levy .
| 25 | | (a) Except as provided in subsection (f) of this Section, |
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| 1 | | the city council
of the city shall levy a tax annually upon all | 2 | | taxable property in the city at
a rate that will produce a sum | 3 | | which, when added to the amounts deducted from
the salaries of | 4 | | the employees or otherwise contributed by them and the
amounts | 5 | | deposited under subsection (f), will be sufficient for the
| 6 | | requirements of this Article, but which when extended will | 7 | | produce an amount
not to exceed the greater of the following: | 8 | | (a) the sum obtained by the levy
of a tax of .1093% of the | 9 | | value, as equalized or assessed by the Department
of Revenue, | 10 | | of all taxable property within such city, or (b) the sum of
| 11 | | $12,000,000.
However any city in which a Fund has been | 12 | | established and in operation
under this Article for more than 3 | 13 | | years prior to 1970 shall
levy for the year 1970 a tax at a rate | 14 | | on the dollar of assessed
valuation of all taxable property | 15 | | that will produce, when extended, an
amount not to exceed 1.2 | 16 | | times the total amount of contributions made by
employees to | 17 | | the Fund for annuity purposes in the calendar year 1968,
and, | 18 | | for the year 1971 and 1972 such levy that will produce, when
| 19 | | extended, an amount not to exceed 1.3 times the total amount of
| 20 | | contributions made by employees to the Fund for annuity
| 21 | | purposes in the calendar years 1969 and 1970, respectively; and | 22 | | for the
year 1973 an amount not to exceed 1.365 times such | 23 | | total amount of
contributions made by employees for annuity | 24 | | purposes in the calendar
year 1971; and for the year 1974 an | 25 | | amount not to exceed 1.430 times
such total amount of | 26 | | contributions made by employees for annuity
purposes in the |
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| 1 | | calendar year 1972; and for the year 1975 an amount not
to | 2 | | exceed 1.495 times such total amount of contributions made by
| 3 | | employees for annuity purposes in the calendar year 1973; and | 4 | | for the year 1976
an amount not to exceed 1.560 times such | 5 | | total amount of contributions made by
employees for annuity | 6 | | purposes in the calendar year 1974; and for the year 1977
an | 7 | | amount not to exceed 1.625 times such total amount of | 8 | | contributions made by
employees for annuity purposes in the | 9 | | calendar year 1975; and for the year 1978
and each year | 10 | | thereafter, such levy as will produce, when
extended, an amount | 11 | | not to exceed the total amount of
contributions made by or on | 12 | | behalf of employees to the Fund for annuity
purposes in the | 13 | | calendar year 2 years prior to the year for which the annual
| 14 | | applicable tax is levied, multiplied by 1.690 for the years | 15 | | 1978 through 1998
and by 1.250 for the year 1999 and for each | 16 | | year thereafter.
| 17 | | The tax shall be levied and collected in like manner with | 18 | | the general
taxes of the city, and shall be exclusive of and in | 19 | | addition to the
amount of tax the city is now or may hereafter | 20 | | be authorized to levy for
general purposes under any laws which | 21 | | may limit the amount of tax which
the city may levy for general | 22 | | purposes. The county clerk of the county
in which the city is | 23 | | located, in reducing tax levies under the
provisions of any Act | 24 | | concerning the levy and extension of taxes, shall
not consider | 25 | | the tax herein provided for as a part of the general tax
levy | 26 | | for city purposes, and shall not include the same within any
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| 1 | | limitation of the percent of the assessed valuation upon which | 2 | | taxes are
required to be extended for such city.
| 3 | | Revenues derived from such tax shall be paid to the city | 4 | | treasurer of
the city as collected and held by him for the | 5 | | benefit of the fund.
| 6 | | If the payments on account of taxes are insufficient during | 7 | | any year
to meet the requirements of this Article, the city may | 8 | | issue tax
anticipation warrants against the current tax levy.
| 9 | | (a-1) Notwithstanding anything to the contrary in | 10 | | subsection (a) of this Section, beginning with the city's levy | 11 | | under subsection (a) in 2015 and each year thereafter, the levy | 12 | | shall not exceed the amount of the city's total contribution to | 13 | | the Fund under this Section for payment year 2014; provided, | 14 | | however, that the city may continue to use other lawfully | 15 | | available funds in lieu of all or part of the levy as provided | 16 | | under subsection (f) of this Section. The increases that would | 17 | | have occurred under subsection (a) of this Section if not for | 18 | | the aforementioned limitation shall be included in the | 19 | | calculations under subsection (a-2) of this Section for levy | 20 | | purposes. | 21 | | (a-2) For purposes of this Section, the payment year is the | 22 | | year following the levy year. Starting in payment year 2016, | 23 | | the city shall pay to the Fund annually, in the manner | 24 | | described in this subsection, an amount that, when added to the | 25 | | amounts of the contribution provided in subsection (a) of this | 26 | | Section as modified by subsection (a-1) of this Section, shall |
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| 1 | | equal the lesser of: | 2 | | (i) (I) for payment years 2016 through 2055, the annual | 3 | | amount determined by the Fund to be equal to the greater of | 4 | | $0, or the sum of (1) the City's portion of the projected | 5 | | normal cost for that fiscal year, plus (2) an amount | 6 | | determined on a level percentage of applicable employee | 7 | | payroll basis (reflecting any limits on individual | 8 | | participants' pay that apply for benefit and contribution | 9 | | purposes under this plan) that is sufficient to bring the | 10 | | total actuarial assets of the Fund up to 90% of the total | 11 | | actuarial liabilities of the Fund by the end of 2055. (II) | 12 | | For payment years after 2055, the annual amount determined | 13 | | by the Fund to be equal to the amount needed, if any, to | 14 | | bring the total actuarial assets of the Fund up to 90% of | 15 | | the total actuarial liabilities of the Fund as of the end | 16 | | of the year. In making the determinations under both (I) | 17 | | and (II), the actuarial calculations shall be determined | 18 | | under the entry age normal actuarial cost method, and any | 19 | | actuarial gains or losses from investment return incurred | 20 | | in a fiscal year shall be recognized in equal annual | 21 | | amounts over the 5-year period following the fiscal year; | 22 | | or | 23 | | (ii) for payment year 2016, 1.85 times the total amount | 24 | | of contributions made by or on behalf of employees to the | 25 | | Fund for annuity purposes in the calendar year 2013; for | 26 | | payment year 2017, 2.15 times the total amount of |
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| 1 | | contributions made by or on behalf of employees to the Fund | 2 | | for annuity purposes in the calendar year 2014; for payment | 3 | | year 2018, 2.45 times the total amount of contributions | 4 | | made by or on behalf of employees to the Fund for annuity | 5 | | purposes in the calendar year 2015; for payment year 2019, | 6 | | 2.75 times the total amount of contributions made by or on | 7 | | behalf of employees to the Fund for annuity purposes in the | 8 | | calendar year 2016; for payment year 2020, 3.05 times the | 9 | | total amount of contributions made by or on behalf of | 10 | | employees to the Fund for annuity purposes in the calendar | 11 | | year 2017; provided however, that beginning in the earlier | 12 | | of the year that the annual contribution amount is at least | 13 | | the amount calculated under subdivision (i), or payment | 14 | | year 2021, and each year thereafter, the city's annual | 15 | | contribution shall be determined pursuant to subdivision | 16 | | (i) only. | 17 | | (a-3) For levy years 2015 and thereafter, the city council | 18 | | of the city may levy a separate tax annually upon all taxable | 19 | | property in the city that shall be known as the Pension | 20 | | Stabilization Levy and shall be at a rate that, when extended, | 21 | | will produce an amount not to exceed the city's total required | 22 | | contribution amount under subsection (a-2) for each applicable | 23 | | payment year. The remainder of the city's total required | 24 | | contribution amount under subsection (a-2), if any, shall be | 25 | | paid by the city to the city treasurer of the city with any | 26 | | lawfully available funds, which shall be collected and held by |
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| 1 | | the city treasurer for the benefit of the Fund. | 2 | | The Pension Stabilization Levy shall be levied and | 3 | | collected in like manner with the general taxes of the city, | 4 | | and shall be exclusive of and in addition to the amount of tax | 5 | | the city is now or may hereafter be authorized to levy for | 6 | | general purposes under any laws which may limit the amount of | 7 | | tax which the city may levy for general purposes. The county | 8 | | clerk of the county in which the city is located, in reducing | 9 | | tax levies under the provisions of any Act concerning the levy | 10 | | and extension of taxes, shall not consider the tax herein | 11 | | provided for as a part of the general tax levy for city | 12 | | purposes, and shall not include the same within any limitation | 13 | | of the percent of the assessed valuation upon which taxes are | 14 | | required to be extended for such city. | 15 | | Revenues derived from such tax shall be used solely to | 16 | | satisfy the city's obligations to the Fund pursuant to | 17 | | subsection (a-2) and shall be paid to the city treasurer as | 18 | | collected and held by him for the benefit of the fund. | 19 | | If the payments on account of taxes are insufficient during | 20 | | any year to meet the requirements of this Article, the city may | 21 | | issue tax anticipation warrants against the current tax levy. | 22 | | (a-4) For levy years 2015 through 2020, if the city does | 23 | | not: (i) levy a tax under subsection (a-3) equal to at least | 24 | | 50% of the city's required contribution under subsection (a-2); | 25 | | and (ii) transmit the proceeds of the levy to the Fund within | 26 | | 90 days after the payment of that contribution is due, the Fund |
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| 1 | | may, after giving notice to the city, certify to the State | 2 | | Comptroller the amounts of the delinquent payment, and the | 3 | | Comptroller must, beginning in payment year 2016, deduct and | 4 | | deposit into the Fund the certified amount or a portion of that | 5 | | amount from the following proportions of grants of State funds | 6 | | to the city: | 7 | | (1) in payment year 2016, one-third of the total amount | 8 | | of any grants of State funds to the city; | 9 | | (2) in payment year 2017, two-thirds of the total | 10 | | amount of any grants of State funds to the city; and | 11 | | (3) in payment years 2018 through 2021, the total | 12 | | amount of any grants of State funds to the city. | 13 | | The State Comptroller may not deduct from any grants of | 14 | | State funds to the city more than the amount of delinquent | 15 | | payment certified to the State Comptroller by the Fund. | 16 | | (b) On or before January 10, annually, the board shall | 17 | | notify the
city council of the requirements of this Article | 18 | | that the taxes tax herein
provided shall be levied for that | 19 | | current year. The board shall compute
the amounts necessary to | 20 | | be credited to the reserves established and
maintained as | 21 | | herein provided, and shall make an annual determination of
the | 22 | | amount of the required city contributions, and certify the | 23 | | results
thereof to the city council.
| 24 | | (c) In respect to employees of the city who are transferred | 25 | | to the
employment of a park district by virtue of the "Exchange | 26 | | of Functions
Act of 1957", the corporate authorities of the |
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| 1 | | park district shall
annually levy a tax upon all the taxable | 2 | | property in the park district
at such rate per cent of the | 3 | | value of such property, as equalized or
assessed by the | 4 | | Department of Revenue, as shall be
sufficient, when added to | 5 | | the amounts deducted from their salaries and
otherwise | 6 | | contributed by them to provide the benefits to which they and
| 7 | | their dependents and beneficiaries are entitled under this | 8 | | Article. The city
shall not levy a tax hereunder in respect to | 9 | | such employees.
| 10 | | The tax so levied by the park district shall be in addition | 11 | | to and
exclusive of all other taxes authorized to be levied by | 12 | | the park
district for corporate, annuity fund, or other | 13 | | purposes. The county
clerk of the county in which the park | 14 | | district is located, in reducing
any tax levied under the | 15 | | provisions of any act concerning the levy and
extension of | 16 | | taxes shall not consider such tax as part of the general
tax | 17 | | levy for park purposes, and shall not include the same in any
| 18 | | limitation of the per cent of the assessed valuation upon which | 19 | | taxes
are required to be extended for the park district. The | 20 | | proceeds of the
tax levied by the park district, upon receipt | 21 | | by the district, shall be
immediately paid over to the city | 22 | | treasurer of the city for the uses and
purposes of the fund.
| 23 | | The various sums to be contributed by the city and park | 24 | | district and
allocated for the purposes of this Article, and | 25 | | any interest to be
contributed by the city, shall be derived | 26 | | from the revenue from the taxes
authorized in this Section or |
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| 1 | | otherwise as expressly provided
in this Section.
| 2 | | If it is not possible or practicable for the city to make
| 3 | | contributions for age and service annuity and widow's annuity | 4 | | at the
same time that employee contributions are made for such
| 5 | | purposes, such city contributions shall be construed to be due | 6 | | and
payable as of the end of the fiscal year for which the tax | 7 | | is levied and
shall accrue thereafter with interest at the | 8 | | effective rate until paid.
| 9 | | (d) With respect to employees whose wages are funded as | 10 | | participants
under the Comprehensive Employment and Training | 11 | | Act of 1973, as amended
(P.L. 93-203, 87 Stat. 839, P.L. | 12 | | 93-567, 88 Stat. 1845), hereinafter
referred to as CETA, | 13 | | subsequent to October 1, 1978, and in instances
where the board | 14 | | has elected to establish a manpower program reserve, the
board | 15 | | shall compute the amounts necessary to be credited to the | 16 | | manpower
program reserves established and maintained as herein | 17 | | provided, and
shall make a periodic determination of the amount | 18 | | of required
contributions from the City to the reserve to be | 19 | | reimbursed by the
federal government in accordance with rules | 20 | | and regulations established
by the Secretary of the United | 21 | | States Department of Labor or his
designee, and certify the | 22 | | results thereof to the City Council. Any such
amounts shall | 23 | | become a credit to the City and will be used to reduce the
| 24 | | amount which the City would otherwise contribute during | 25 | | succeeding years
for all employees.
| 26 | | (e) In lieu of establishing a manpower program reserve with |
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| 1 | | respect
to employees whose wages are funded as participants | 2 | | under the
Comprehensive Employment and Training Act of 1973, as | 3 | | authorized by
subsection (d), the board may elect to establish | 4 | | a special municipality
contribution rate for all such | 5 | | employees. If this option is elected, the
City shall contribute | 6 | | to the Fund from federal funds provided under the
Comprehensive | 7 | | Employment and Training Act program at the special rate so
| 8 | | established and such contributions shall become a credit to the | 9 | | City and
be used to reduce the amount which the City would | 10 | | otherwise contribute
during succeeding years for all | 11 | | employees.
| 12 | | (f) In lieu of levying all or a portion of the taxes tax | 13 | | required under this
Section in any year, the city may deposit | 14 | | with the city treasurer no later than
March 1 of that year for | 15 | | the benefit of the fund, to be held in accordance with
this | 16 | | Article, an amount that, together with the taxes levied under | 17 | | this Section
for that year, is not less than the amount of the | 18 | | city contributions for that
year as certified by the board to | 19 | | the city council. The deposit may be derived
from any source | 20 | | legally available for that purpose, including, but not limited
| 21 | | to, the proceeds of city borrowings. The making of a deposit | 22 | | shall satisfy
fully the requirements of this Section for that | 23 | | year to the extent of the
amounts so deposited. Amounts | 24 | | deposited under this subsection may be used by
the fund for any | 25 | | of the purposes for which the proceeds of the taxes tax levied | 26 | | by
the city under this Section may be used, including the |
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| 1 | | payment of any amount
that is otherwise required by this | 2 | | Article to be paid from the proceeds of those taxes that
tax .
| 3 | | (Source: P.A. 90-31, eff. 6-27-97; 90-655, eff. 7-30-98; | 4 | | 90-766, eff.
8-14-98.)
| 5 | | (40 ILCS 5/8-173.1 new) | 6 | | Sec. 8-173.1. Funding Obligation. | 7 | | (a) Beginning January 1, 2015, the city shall be obligated | 8 | | to contribute to the Fund in each fiscal year an amount not | 9 | | less than the amount determined annually under subsections (a) | 10 | | through (a-2) of Section 8-173 of this Code. Notwithstanding | 11 | | any other provision of law, if the city fails to pay the amount | 12 | | guaranteed under this Section on or before December 31 of the | 13 | | year in which such amount is due, the retirement board may | 14 | | bring a mandamus action in the Circuit Court of Cook County to | 15 | | compel the city to make the required payment, irrespective of | 16 | | other remedies that may be available to the Fund. The | 17 | | obligations and causes of action created under this Section | 18 | | shall be in addition to any other right or remedy otherwise | 19 | | accorded by common law or State or federal law, and nothing in | 20 | | this Section shall be construed to deny, abrogate, impair, or | 21 | | waive any such common law or statutory right or remedy. | 22 | | (b) In ordering the city to make the required payment, the | 23 | | court may order a reasonable payment schedule to enable the | 24 | | city to make the required payment without significantly | 25 | | imperiling the public health, safety, or welfare. Any payments |
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| 1 | | required to be made by the city pursuant to this Section are | 2 | | expressly subordinated to the payment of the principal, | 3 | | interest, premium, if any, and other payments on or related to | 4 | | any bonded debt obligation of the city, either currently | 5 | | outstanding or to be issued, for which the source of repayment | 6 | | or security thereon is derived directly or indirectly from any | 7 | | funds collected or received by the city or collected or | 8 | | received on behalf of the city. Payments on such bonded | 9 | | obligations include any statutory fund transfers or other | 10 | | prefunding mechanisms or formulas set forth, now or hereafter, | 11 | | in State law, city ordinance, or bond indentures, into debt | 12 | | service funds or accounts of the city related to such bonded | 13 | | obligations, consistent with the payment schedules associated | 14 | | with such obligations.
| 15 | | (40 ILCS 5/8-174)
(from Ch. 108 1/2, par. 8-174)
| 16 | | Sec. 8-174. Contributions for age and service annuities for | 17 | | present
employees and future entrants.
| 18 | | (a) Beginning on the effective date and prior to July 1, | 19 | | 1947, 3
1/4%; and beginning on July 1, 1947 and prior to July | 20 | | 1, 1953, 5%; and
beginning July 1, 1953, and prior to January | 21 | | 1, 1972, 6%; and beginning
January 1, 1972, 6.5%; and beginning | 22 | | January 1, 2015, and prior to January 1, 2016, 7.0%; and | 23 | | beginning January 1, 2016, and prior to January 1, 2017, 7.5%; | 24 | | and, beginning January 1, 2017, and prior to January 1, 2018, | 25 | | 8.0%; and beginning January 1, 2018, and prior to January 1, |
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| 1 | | 2019, 8.5%; and beginning January 1, 2019, and thereafter, 9.0% | 2 | | 6-1/2% of each payment of the salary of each present
employee | 3 | | and future entrant shall be contributed to the fund as a
| 4 | | deduction from salary for age and service annuity ; provided, | 5 | | however, that beginning with the first pay period on or after | 6 | | the date when the funded ratio of the Fund is first determined | 7 | | to have reached the 90% funding goal set forth in subsection | 8 | | (a-2) of Section 8-173, and each pay period thereafter for as | 9 | | long as the Fund maintains a funding ratio of 90% or more, | 10 | | employee contributions shall be 7.75% of salary for the age and | 11 | | service annuity. If the funding ratio falls below 90%, then | 12 | | employee contributions for the age and service annuity shall | 13 | | revert to 9.0% of salary until such time as the Fund once again | 14 | | is determined to have reached a funding ratio of at least 90%, | 15 | | at which time employee contributions of 7.75% shall resume for | 16 | | the age and service annuity .
| 17 | | Notwithstanding Section 1-103.1, the changes to this | 18 | | Section made by this amendatory Act of the 98th General | 19 | | Assembly apply regardless of whether the employee was in active | 20 | | service on or after the effective date of this amendatory Act. | 21 | | Such deductions beginning on the effective date and prior | 22 | | to July 1,
1947 shall be made for a future entrant while he is | 23 | | in the service until
he attains age 65 and for a present | 24 | | employee while he is in the service
until the amount so | 25 | | deducted from his salary with the amount deducted
from his | 26 | | salary or paid by him according to law to any municipal pension
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| 1 | | fund in force on the effective date with interest on both such | 2 | | amounts
at 4% per annum equals the sum that would have been to | 3 | | his credit from
sums deducted from his salary if deductions at | 4 | | the rate herein stated
had been made during his entire service | 5 | | until he attained age 65 with
interest at 4% per annum for the | 6 | | period subsequent to his attainment of
age 65. Such deductions | 7 | | beginning July 1, 1947 shall be made and
continued for | 8 | | employees while in the service.
| 9 | | (b) Concurrently with each employee contribution beginning | 10 | | on the
effective date and prior to July 1, 1947 the city shall | 11 | | contribute 5
3/4%; and beginning on July 1, 1947 and prior to | 12 | | July 1, 1953, 7%; and
beginning July 1, 1953, 6% of each | 13 | | payment of such salary until the
employee attains age 65. | 14 | | Notwithstanding any provision of this subsection
(b) to the | 15 | | contrary, the city shall not make a contribution for any credit
| 16 | | established by an employee under subsection (b) of Section | 17 | | 8-138.4.
| 18 | | (c) Each employee contribution made prior to the date the | 19 | | age and
service annuity for an employee is fixed and each | 20 | | corresponding city
contribution shall be credited to the | 21 | | employee and allocated to the
account of the employee for whose | 22 | | benefit it is made.
| 23 | | (Source: P.A. 93-654, eff. 1-16-04.)
| 24 | | (40 ILCS 5/8-174.2 new) | 25 | | Sec. 8-174.2. Use of contributions for health care |
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| 1 | | subsidies. Except as may be required pursuant to Sections | 2 | | 8-164.1 and 8-164.2 of this Code, the Fund shall not use any | 3 | | contribution received by the Fund under this Article to provide | 4 | | a subsidy for the cost of participation in a retiree health | 5 | | care program. | 6 | | (40 ILCS 5/8-192) (from Ch. 108 1/2, par. 8-192) | 7 | | Sec. 8-192. Board created. Notwithstanding any other | 8 | | provision of this Article: | 9 | | (1) After discussion with the board and other | 10 | | interested parties, the city shall present to the General | 11 | | Assembly its recommendations for restructuring the board | 12 | | of the Fund. | 13 | | (2) On April 1, 2015, the terms of the members of the | 14 | | board serving on that date are terminated, and the board | 15 | | shall be restructured and reconstituted as provided by the | 16 | | General Assembly by law. | 17 | | Until the board is restructured in accordance with this | 18 | | amendatory Act of the 98th General Assembly, a A board of 5 | 19 | | members shall constitute a Board of Trustees authorized to
| 20 | | carry out the provisions of this Article. The board shall be | 21 | | known as the
Retirement Board of the Municipal Employees', | 22 | | Officers', and Officials'
Annuity and Benefit Fund of the city, | 23 | | or for the sake of brevity may also
be known and referred to as | 24 | | the Retirement Board of the Municipal
Employees' Annuity and | 25 | | Benefit Fund of such city. The board shall consist
of the city |
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| 1 | | comptroller, the city treasurer, and 3 members who shall be
| 2 | | employees, to be elected as follows: | 3 | | Within 30 days after the effective date, the mayor of the | 4 | | city shall
arrange for and hold an election. | 5 | | One employee shall be elected for a term ending on the | 6 | | first day in the
month of December of the first year next | 7 | | following the effective date; one
for a term ending December | 8 | | 1st of the following year; and one for a term
ending on | 9 | | December 1st of the second following year. | 10 | | The city comptroller, with the approval of the board, may | 11 | | appoint a
designee from among employees of the city who are | 12 | | versed in the affairs of
the comptroller's office to act in the | 13 | | absence of the comptroller on all
matters pertaining to | 14 | | administering the provisions of this Article. | 15 | | The city treasurer, with the approval of the board, may | 16 | | appoint a designee from among employees of the city who are | 17 | | versed in the affairs of the treasurer's office to act in the | 18 | | absence of the treasurer on all matters pertaining to | 19 | | administering the provisions of this Article. | 20 | | The members of a Retirement Board of a municipal | 21 | | employees', officers',
and officials' annuity and benefit fund | 22 | | holding office in a city at the
time this Article becomes | 23 | | effective, including elective and ex-officio
members, shall | 24 | | continue in office until the expiration of their terms and
| 25 | | until their respective successors are elected or appointed and | 26 | | have
qualified. |
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| 1 | | An employee member who takes advantage of the early | 2 | | retirement incentives
provided under this amendatory Act of the | 3 | | 93rd General Assembly may continue as
a member until the end of | 4 | | his or her term. | 5 | | (Source: P.A. 96-1427, eff. 1-1-11.)
| 6 | | (40 ILCS 5/11-134.1)
(from Ch. 108 1/2, par. 11-134.1)
| 7 | | Sec. 11-134.1. Automatic increase in annuity.
| 8 | | (a) An employee who retired or retires from service after | 9 | | December 31,
1963, and before January 1, 1987, having attained | 10 | | age 60 or more,
shall, in the month of January of
the year | 11 | | following the year in which the first anniversary of retirement
| 12 | | occurs, have the amount of his then fixed and payable monthly | 13 | | annuity
increased by 1 1/2%, and such first fixed annuity as | 14 | | granted at
retirement increased by a further 1 1/2% in January | 15 | | of each year
thereafter. Beginning with January of the year | 16 | | 1972, such increases
shall be at the rate of 2% in lieu of the | 17 | | aforesaid specified 1 1/2%.
Beginning January, 1984, such | 18 | | increases shall be at the rate of 3%.
Beginning in January of | 19 | | 1999, such increases shall be at the rate of
3% of the | 20 | | currently payable monthly annuity, including any increases
| 21 | | previously granted under this Article. An employee who retires | 22 | | on annuity
after December 31, 1963 and before January 1, 1987, | 23 | | but prior to age
60, shall receive such increases beginning | 24 | | with January of the year
immediately following the year in | 25 | | which he attains the age of 60 years.
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| 1 | | An employee who retires from service on or after January 1, | 2 | | 1987 shall,
upon the first annuity payment date following the | 3 | | first anniversary of the
date of retirement, or upon the first | 4 | | annuity payment date following
attainment of age 60, whichever | 5 | | occurs later, have his then fixed and
payable monthly annuity | 6 | | increased by 3%, and such annuity shall be
increased by an | 7 | | additional 3% of the original fixed annuity on the same
date | 8 | | each year thereafter.
Beginning in January of 1999, such | 9 | | increases shall be at the rate of 3% of the
currently payable | 10 | | monthly annuity, including any increases previously granted
| 11 | | under this Article.
| 12 | | (a-5) Notwithstanding the provisions of subsection (a), | 13 | | upon the first
annuity payment date following (1) the third | 14 | | anniversary of retirement, (2)
the attainment of age 53, or (3) | 15 | | January 1, 2002,
whichever occurs latest, the monthly annuity | 16 | | of an employee who retires on
annuity prior to the attainment | 17 | | of age 60 and has not received an
increase under subsection (a) | 18 | | shall be increased by 3%, and the
annuity shall be increased by | 19 | | an additional 3% of the current payable monthly
annuity, | 20 | | including any
increases previously granted under this
Article, | 21 | | on the same date each year thereafter. The increases provided | 22 | | under
this subsection are in lieu of the increases provided in | 23 | | subsection (a).
| 24 | | (a-6) Notwithstanding the provisions of subsections (a) | 25 | | and (a-5), for
all calendar years following the year in which | 26 | | this amendatory Act of the 93rd
General Assembly takes effect, |
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| 1 | | an increase in annuity under this Section that
would otherwise | 2 | | take effect at any time during the year shall instead take
| 3 | | effect in January of that year.
| 4 | | (b) Subsections (a), (a-5), and (a-6) are not applicable to
| 5 | | an employee retiring and receiving a term annuity, as defined | 6 | | in this Article,
nor to any otherwise
qualified employee who | 7 | | retires before he shall have made employee contributions
(at | 8 | | the 1/2 of 1% rate as hereinafter provided) for the purposes of | 9 | | this
additional annuity for not less than the equivalent of one | 10 | | full year. Such
employee, however, shall make arrangement to | 11 | | pay to the fund a balance of such
1/2 of 1% contributions, | 12 | | based on his final salary, as will bring such 1/2 of
1% | 13 | | contributions, computed without interest, to the equivalent of | 14 | | or completion
of one year's contributions.
| 15 | | Beginning with the month of January, 1964, each employee | 16 | | shall contribute
by means of salary deductions 1/2 of 1% of | 17 | | each salary payment, concurrently
with and in addition to the | 18 | | employee contributions otherwise made for annuity
purposes.
| 19 | | Each such additional employee contribution shall be | 20 | | credited to an
account in the prior service annuity reserve, to | 21 | | be used, together with
city contributions, to defray the cost | 22 | | of the specified annuity
increments. Any balance as of the | 23 | | beginning of each calendar year
existing in such account shall | 24 | | be credited with interest at the rate of
3% per annum.
| 25 | | Such employee contributions shall not be subject to refund, | 26 | | except to
an employee who resigns or is discharged and applies |
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| 1 | | for refund under
this Article, and also in cases where a term | 2 | | annuity becomes payable.
| 3 | | In such cases the employee contributions shall be refunded | 4 | | him,
without interest, and charged to the aforementioned | 5 | | account in the prior
service annuity reserve.
| 6 | | (b-5) Notwithstanding any provision of this Section to the | 7 | | contrary, there shall be no annual increase under this Section | 8 | | in years 2017, 2019, and 2025. In all other years, beginning | 9 | | January 1, 2015, the Fund shall pay an annual increase to | 10 | | persons eligible to receive one under this Section, in lieu of | 11 | | any other annual increase provided under this Section, in an | 12 | | amount equal to the lesser of 3% or one-half the annual | 13 | | unadjusted percentage increase (but not less than zero) in the | 14 | | consumer price index-u for the 12 months ending with the | 15 | | September preceding each November 1, of the person's last | 16 | | annual annuity amount prior to January 1, 2015. If a person was | 17 | | not granted an annuity before the effective date of this | 18 | | amendatory Act of the 98th General Assembly, then this | 19 | | calculation shall be based on his or her originally granted | 20 | | annuity; provided, however, that a person retiring after the | 21 | | effective date of this amendatory Act of the 98th General | 22 | | Assembly shall not be eligible for an annual increase under | 23 | | this Section until one full year after the date on which such | 24 | | annual increase otherwise would take effect under this Section. | 25 | | For the purposes of this Section, "consumer price index-u" | 26 | | means the index published by the Bureau of Labor Statistics of |
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| 1 | | the United States Department of Labor that measures the average | 2 | | change in prices of goods and services purchased by all urban | 3 | | consumers, United States city average, all items, 1982-84 = | 4 | | 100. | 5 | | Notwithstanding Section 1-103.1, this subsection (b-5) is | 6 | | applicable without regard to whether the employee was in active | 7 | | service on or after the effective date of this amendatory Act | 8 | | of the 98th General Assembly. This subsection (b-5) applies to | 9 | | any former employee who on or after the effective date of this | 10 | | amendatory Act of the 98th General Assembly is receiving a | 11 | | retirement annuity and is eligible for an automatic annual | 12 | | increase under this Section. | 13 | | (Source: P.A. 92-599, eff. 6-28-02; 92-609, eff. 7-1-02; | 14 | | 93-654, eff. 1-16-04.)
| 15 | | (40 ILCS 5/11-134.3) (from Ch. 108 1/2, par. 11-134.3)
| 16 | | Sec. 11-134.3. Automatic increases in annuity for certain | 17 | | heretofore retired
participants. A retired employee who (a) is | 18 | | receiving annuity based on a
service credit of 20 or more years | 19 | | regardless of age at retirement or based on
a service credit of | 20 | | 15 or more years with retirement at age 55 or over, and
(b) | 21 | | does not qualify for the automatic increases in annuity | 22 | | provided for in
Section 11-134.1 of this Article, and (c) | 23 | | elects to make a contribution to the
Fund at a time and manner | 24 | | prescribed by the Retirement Board, of a sum
equal to 1% of the | 25 | | amount of final monthly salary times the number of full
years |
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| 1 | | of service on which the annuity was based in those cases where | 2 | | the
annuity was computed on the money purchase formula, and in | 3 | | those cases in
which the annuity was computed under the minimum | 4 | | annuity formula provisions
of this Article a sum equal to 1% of | 5 | | the average monthly salary on which
the annuity was based times | 6 | | such number of full years of service, shall
have his original | 7 | | fixed and payable monthly amount of annuity increased in
| 8 | | January of the year following the year in which he attains the | 9 | | age of 65
years, if such age of 65 years is attained in the year | 10 | | 1969 or later, by an
amount equal to 1 1/2%, and by an equal | 11 | | additional 1 1/2% in January of
each year thereafter. Beginning | 12 | | with January of the year 1972, such
increases shall be at the | 13 | | rate of 2% in lieu of the aforesaid specified 1
1/2%. Beginning | 14 | | January, 1984, such increases shall be at the rate of 3%.
| 15 | | Beginning in January of 1999, such increases shall be at the | 16 | | rate of
3% of the currently payable monthly annuity, including | 17 | | any increases previously
granted under this Article.
| 18 | | In those cases in which the retired employee receiving | 19 | | annuity has
attained the age of 66 or more years in the year | 20 | | 1969, he shall have such
annuity increased in January of the | 21 | | year 1970 by an amount equal to 1 1/2%
multiplied by the number | 22 | | equal to the number of months of January elapsing
from and | 23 | | including January of the year immediately following the year he
| 24 | | attained the age of 65 years if retired at or prior to age 65, | 25 | | or from and
including January of the year immediately following | 26 | | the year of retirement
if retired at an age greater than 65 |
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| 1 | | years, to and including January of the
year 1970, and by an | 2 | | equal additional 1 1/2% in January of each year
thereafter. | 3 | | Beginning with January of the year 1972, such increases shall
| 4 | | be at the rate of 2% in lieu of the aforesaid specified 1 1/2%. | 5 | | Beginning
January, 1984, such increases shall be at the rate of | 6 | | 3%.
Beginning in January of 1999, such increases shall be at | 7 | | the rate of
3% of the currently payable monthly annuity, | 8 | | including any increases previously
granted under this Article.
| 9 | | To defray the annual cost of such increases, the annual | 10 | | interest income
of the Fund, accruing from investments held by | 11 | | the Fund, exclusive of gains
or losses on sales or exchanges of | 12 | | assets during the year, over and above
4% a year, shall be used | 13 | | to the extent necessary and available to finance
the cost of | 14 | | such increases for the following year, and such amount shall be
| 15 | | transferred as of the end of each year, beginning with the year | 16 | | 1969, to a
Fund account designated as the Supplementary Payment | 17 | | Reserve from the
Investment and Interest Reserve set forth in | 18 | | Sec. 11-210. The sums
contributed by annuitants as provided for | 19 | | in this Section shall also be
placed in the aforesaid | 20 | | Supplementary Payment Reserve and shall be applied
for and used | 21 | | for the purposes of such Fund account, together with the
| 22 | | aforesaid interest.
| 23 | | In the event the monies in the Supplementary Payment | 24 | | Reserve in any year
arising from: (1) the available interest | 25 | | income as defined hereinbefore and
accruing in the preceding | 26 | | year above 4% a year and (2) the contributions by
retired |
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| 1 | | persons, as set forth hereinbefore, are insufficient to make | 2 | | the
total payments to all persons estimated to be entitled to | 3 | | the annuity
increases specified hereinbefore, then (3) any | 4 | | interest earnings over 4% a
year beginning with the year 1969 | 5 | | which were not previously used to finance
such increases and | 6 | | which were transferred to the Prior Service Annuity
Reserve may | 7 | | be used to the extent necessary and available to provide
| 8 | | sufficient funds to finance such increases for the current | 9 | | year, and such
sums shall be transferred from the Prior Service | 10 | | Annuity Reserve.
| 11 | | In the event the total monies available in the | 12 | | Supplementary Payment
Reserve from the preceding indicated | 13 | | sources are insufficient to make the
total payments to all | 14 | | persons entitled to such increases for the year, a
| 15 | | proportionate amount computed as the ratio of the monies | 16 | | available to the
total of the total payments for that year | 17 | | shall be paid to each person for
that year.
| 18 | | The Fund shall be obligated for the payment of the | 19 | | increases in annuity
as provided for in this Section only to | 20 | | the extent that the assets for such
purpose, as specified | 21 | | herein, are available.
| 22 | | Notwithstanding any provision of this Section to the | 23 | | contrary, there shall be no annual increase under this Section | 24 | | in years 2017, 2019, and 2025. In all other years, beginning | 25 | | January 1, 2015, the Fund shall pay an annual increase to | 26 | | persons eligible to receive one under this Section, in lieu of |
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| 1 | | any other annual increase provided under this Section, in an | 2 | | amount equal to the lesser of 3% or one-half the annual | 3 | | unadjusted percentage increase (but not less than zero) in the | 4 | | consumer price index-u for the 12 months ending with the | 5 | | September preceding each November 1 of the person's last annual | 6 | | annuity amount prior to January 1, 2015. | 7 | | For purposes of this Section, "consumer price index-u" | 8 | | means the index published by the Bureau of Labor Statistics of | 9 | | the United States Department of Labor that measures the average | 10 | | change in prices of goods and services purchased by all urban | 11 | | consumers, United States city average, all items, 1982-84 = | 12 | | 100. | 13 | | Notwithstanding Section 1-103.1, the changes made to this | 14 | | Section by this amendatory Act of the 98th General Assembly are | 15 | | applicable without regard to whether the employee was in active | 16 | | service on or after the effective date of this amendatory Act. | 17 | | These changes apply to any former employee who, on or after the | 18 | | effective date of this amendatory Act, is receiving a | 19 | | retirement annuity and is eligible for an automatic annual | 20 | | increase under this Section. | 21 | | (Source: P.A. 90-766, eff. 8-14-98.)
| 22 | | (40 ILCS 5/11-169) (from Ch. 108 1/2, par. 11-169)
| 23 | | Sec. 11-169. Financing; tax levies levy .
| 24 | | (a) Except as provided in subsection (f) of this Section, | 25 | | the city
council of the city shall levy a tax annually upon all |
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| 1 | | taxable property in the
city at the rate that will produce a | 2 | | sum which, when added to the amounts
deducted from the salaries | 3 | | of the employees or otherwise contributed by them
and the | 4 | | amounts deposited under subsection (f), will be sufficient for | 5 | | the
requirements of this Article. For the years prior to the | 6 | | year 1950 the tax
rate shall be as provided for under "The 1935 | 7 | | Act". Beginning with the year
1950 to and including the year | 8 | | 1969 such tax shall be not more than .036%
annually of the | 9 | | value, as equalized or assessed by the Department of Revenue,
| 10 | | of all taxable property within such city. Beginning with the | 11 | | year 1970 and
each year thereafter the city shall levy a tax | 12 | | annually at a rate on the dollar
of the value, as equalized or | 13 | | assessed by the Department of Revenue
of all taxable property | 14 | | within such city that will
produce, when extended, not to | 15 | | exceed an amount equal to the total
amount of contributions by | 16 | | the employees to the fund
made in the calendar year 2 years | 17 | | prior to the year for which the annual
applicable tax is | 18 | | levied, multiplied by 1.1 for the years 1970, 1971 and
1972; | 19 | | 1.145 for the year 1973; 1.19 for the year 1974; 1.235 for the
| 20 | | year 1975; 1.280 for the year 1976; 1.325 for the year 1977; | 21 | | 1.370
for the years 1978 through 1998; and 1.000 for the year | 22 | | 1999
and for each year thereafter.
| 23 | | The tax shall be levied and collected in like manner with | 24 | | the general
taxes of the city, and shall be exclusive of and in | 25 | | addition to the
amount of tax the city is now or may hereafter | 26 | | be authorized to levy for
general purposes under any laws which |
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| 1 | | may limit the amount of tax which
the city may levy for general | 2 | | purposes. The county clerk of the county
in which the city is | 3 | | located, in reducing tax levies under the
provisions of any Act | 4 | | concerning the levy and extension of taxes, shall
not consider | 5 | | the tax herein provided for as a part of the general tax
levy | 6 | | for city purposes, and shall not include the same within any
| 7 | | limitation of the per cent of the assessed valuation upon which | 8 | | taxes
are required to be extended for such city.
| 9 | | Revenues derived from such tax shall be paid to the city | 10 | | treasurer of
the city as collected and held by him for the | 11 | | benefit of the fund.
| 12 | | If the payments on account of taxes are insufficient during | 13 | | any year
to meet the requirements of this Article, the city may | 14 | | issue tax
anticipation warrants against the current tax levy.
| 15 | | (a-1) Notwithstanding anything to the contrary in | 16 | | subsection (a) of this Section, beginning with the city's levy | 17 | | under subsection (a) in 2015 and each year thereafter, the levy | 18 | | shall not exceed the amount of the city's total contribution to | 19 | | the Fund under this Section for payment year 2014; provided, | 20 | | however, that the city may continue to use other lawfully | 21 | | available funds in lieu of all or part of the levy as provided | 22 | | under subsection (f) of this Section. The increases that would | 23 | | have occurred under subsection (a) of this Section if not for | 24 | | the aforementioned limitation shall be included in | 25 | | calculations under subsection (a-2) of this Section for levy | 26 | | purposes. |
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| 1 | | (a-2) For purposes of this Section, the payment year is the | 2 | | year following the levy year. Starting in payment year 2016, | 3 | | the city shall pay to the Fund annually, in the manner | 4 | | described in this subsection, an amount that, when added to the | 5 | | amounts of the contribution provided in subsection (a) of this | 6 | | Section as modified by subsection (a-1) of this Section, shall | 7 | | equal the lesser of: | 8 | | (i) (I) for payment years 2016 through 2055, the annual | 9 | | amount determined by the Fund to be equal to the greater of | 10 | | $0, or the sum of (1) the City's portion of the projected | 11 | | normal cost for that fiscal year, plus (2) an amount | 12 | | determined on a level percentage of applicable employee | 13 | | payroll basis (reflecting any limits on individual | 14 | | participants' pay that apply for benefit and contribution | 15 | | purposes under this plan) that is sufficient to bring the | 16 | | total actuarial assets of the Fund up to 90% of the total | 17 | | actuarial liabilities of the Fund by the end of 2055. (II) | 18 | | For payment years after 2055, the annual amount determined | 19 | | by the Fund to be equal to the amount needed, if any, to | 20 | | bring the total actuarial assets of the Fund up to 90% of | 21 | | the total actuarial liabilities of the Fund as of the end | 22 | | of the year. In making the determinations under both (I) | 23 | | and (II), the actuarial calculations shall be determined | 24 | | under the entry age normal actuarial cost method, and any | 25 | | actuarial gains or losses from investment return incurred | 26 | | in a fiscal year shall be recognized in equal annual |
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| 1 | | amounts over the 5-year period following the fiscal year; | 2 | | or | 3 | | (ii) for payment year 2016, 1.60 times the total amount | 4 | | of contributions made by or on behalf of employees to the | 5 | | Fund for annuity purposes in the calendar year 2013; for | 6 | | payment year 2017, 1.90 times the total amount of | 7 | | contributions made by or on behalf of employees to the Fund | 8 | | for annuity purposes in the calendar year 2014; for payment | 9 | | year 2018, 2.20 times the total amount of contributions | 10 | | made by or on behalf of employees to the Fund for annuity | 11 | | purposes in the calendar year 2015; for payment year 2019, | 12 | | 2.50 times the total amount of contributions made by or on | 13 | | behalf of employees to the Fund for annuity purposes in the | 14 | | calendar year 2016; for payment year 2020, 2.80 times the | 15 | | total amount of contributions made by or on behalf of | 16 | | employees to the Fund for annuity purposes in the calendar | 17 | | year 2017; provided however, that beginning in the earlier | 18 | | of the year that the annual contribution amount is the | 19 | | amount calculated under subdivision (i), or payment year | 20 | | 2021, and each year thereafter, the city's annual | 21 | | contribution shall be determined pursuant to subdivision | 22 | | (i) only. | 23 | | (a-3) For levy years 2015 and thereafter, the city council | 24 | | of the city may levy a separate tax annually upon all taxable | 25 | | property in the city that shall be known as the Pension | 26 | | Stabilization Levy and shall be at a rate that, when extended, |
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| 1 | | will produce an amount not to exceed the city's total required | 2 | | contribution amount under subsection (a-2) for each applicable | 3 | | payment year. The remainder of the city's total required | 4 | | contribution amount under subsection (a-2), if any, shall be | 5 | | paid by the city to the city treasurer of the city with any | 6 | | lawfully available funds, which shall be collected and held by | 7 | | the city treasurer for the benefit of the Fund. | 8 | | The Pension Stabilization Levy shall be levied and | 9 | | collected in like manner with the general taxes of the city, | 10 | | and shall be exclusive of and in addition to the amount of tax | 11 | | the city is now or may hereafter be authorized to levy for | 12 | | general purposes under any laws which may limit the amount of | 13 | | tax which the city may levy for general purposes. The county | 14 | | clerk of the county in which the city is located, in reducing | 15 | | tax levies under the provisions of any Act concerning the levy | 16 | | and extension of taxes, shall not consider the tax herein | 17 | | provided for as a part of the general tax levy for city | 18 | | purposes, and shall not include the same within any limitation | 19 | | of the percent of the assessed valuation upon which taxes are | 20 | | required to be extended for such city. | 21 | | Revenues derived from such tax shall be used solely to | 22 | | satisfy the city's obligations to the Fund pursuant to | 23 | | subsection (a-2) and shall be paid to the city treasurer as | 24 | | collected and held by him for the benefit of the fund. | 25 | | If the payments on account of taxes are insufficient during | 26 | | any year to meet the requirements of this Article, the city may |
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| 1 | | issue tax anticipation warrants against the current tax levy. | 2 | | (a-4) For levy years 2015 through 2020, if the city does | 3 | | not: (i) levy a tax under subsection (a-3) equal to at least | 4 | | 50% of the city's required contribution under subsection (a-2); | 5 | | and (ii) transmit the proceeds of the levy to the Fund within | 6 | | 90 days after the payment of that contribution is due, the Fund | 7 | | may, after giving notice to the city, certify to the State | 8 | | Comptroller the amounts of the delinquent payment, and the | 9 | | Comptroller must, beginning in payment year 2016, deduct and | 10 | | deposit into the Fund the certified amount or a portion of that | 11 | | amount from the following proportions of grants of State funds | 12 | | to the city: | 13 | | (1) in payment year 2016, one-third of the total amount | 14 | | of any grants of State funds to the city; | 15 | | (2) in payment year 2017, two-thirds of the total | 16 | | amount of any grants of State funds to the city; and | 17 | | (3) in payment years 2018 through 2021, the total | 18 | | amount of any grants of State funds to the city. | 19 | | The State Comptroller may not deduct from any grants of | 20 | | State funds to the city more than the amount of delinquent | 21 | | payment certified to the State Comptroller by the Fund. | 22 | | (b) On or before January 10, annually, the board shall | 23 | | notify the
city council of the requirement of this Article that | 24 | | the taxes tax herein
provided shall be levied for that current | 25 | | year. The board shall compute
the amounts necessary for the | 26 | | purposes of this fund to be credited to
the reserves |
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| 1 | | established and maintained as herein provided, and shall
make | 2 | | an annual determination of the amount of the required city
| 3 | | contributions; and certify the results thereof to the city | 4 | | council.
| 5 | | (c) In respect to employees of the city who are transferred | 6 | | to the
employment of a park district by virtue of "Exchange of | 7 | | Functions Act of
1957" the corporate authorities of the park | 8 | | district shall annually levy
a tax upon all the taxable | 9 | | property in the park district at such rate
per cent of the | 10 | | value of such property, as equalized or assessed by the
| 11 | | Department of Revenue, as shall be sufficient, when
added to | 12 | | the amounts deducted from their salaries and
otherwise | 13 | | contributed by them, to provide the benefits to which they and
| 14 | | their dependents and beneficiaries are entitled under this | 15 | | Article. The
city shall not levy a tax hereunder in respect to | 16 | | such employees.
| 17 | | The tax so levied by the park district shall be in addition | 18 | | to and
exclusive of all other taxes authorized to be levied by | 19 | | the park
district for corporate, annuity fund, or other | 20 | | purposes. The county
clerk of the county in which the park | 21 | | district is located, in reducing
any tax levied under the | 22 | | provisions of any Act concerning the levy and
extension of | 23 | | taxes shall not consider such tax as part of the general
tax | 24 | | levy for park purposes, and shall not include the same in any
| 25 | | limitation of the per cent of the assessed valuation upon which | 26 | | taxes
are required to be extended for the park district. The |
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| 1 | | proceeds of the
tax levied by the park district, upon receipt | 2 | | by the district, shall be
immediately paid over to the city | 3 | | treasurer of the city for the uses and
purposes of the fund.
| 4 | | The various sums to be contributed by the city and | 5 | | allocated for the
purposes of this Article, and any interest to | 6 | | be contributed by the city,
shall be taken from the revenue | 7 | | derived from the taxes authorized in this
Section, and no money | 8 | | of such city derived from any source other than
the levy and | 9 | | collection of those taxes or the sale of tax
anticipation | 10 | | warrants in accordance with the provisions of this Article | 11 | | shall
be used to provide revenue for this Article, except as | 12 | | expressly provided in
this Section.
| 13 | | If it is not possible for the city to make contributions | 14 | | for age and
service annuity and widow's annuity concurrently | 15 | | with the employee's
contributions made for such purposes, such | 16 | | city shall
make such contributions as soon as possible and | 17 | | practicable thereafter
with interest thereon at the effective | 18 | | rate to the time they shall be
made.
| 19 | | (d) With respect to employees whose wages are funded as | 20 | | participants
under the Comprehensive Employment and Training | 21 | | Act of 1973, as amended
(P.L. 93-203, 87 Stat. 839, P.L. | 22 | | 93-567, 88 Stat. 1845), hereinafter
referred to as CETA, | 23 | | subsequent to October 1, 1978, and in instances
where the board | 24 | | has elected to establish a manpower program reserve, the
board | 25 | | shall compute the amounts necessary to be credited to the | 26 | | manpower
program reserves established and maintained as herein |
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| 1 | | provided, and
shall make a periodic determination of the amount | 2 | | of required
contributions from the City to the reserve to be | 3 | | reimbursed by the
federal government in accordance with rules | 4 | | and regulations established
by the Secretary of the United | 5 | | States Department of Labor or his
designee, and certify the | 6 | | results thereof to the City Council. Any such
amounts shall | 7 | | become a credit to the City and will be used to reduce the
| 8 | | amount which the City would otherwise contribute during | 9 | | succeeding years
for all employees.
| 10 | | (e) In lieu of establishing a manpower program reserve with | 11 | | respect
to employees whose wages are funded as participants | 12 | | under the
Comprehensive Employment and Training Act of 1973, as | 13 | | authorized by
subsection (d), the board may elect to establish | 14 | | a special municipality
contribution rate for all such | 15 | | employees. If this option is elected,
the City shall contribute | 16 | | to the Fund from federal funds provided under
the Comprehensive | 17 | | Employment and Training Act program at the special
rate so | 18 | | established and such contributions shall become a credit to the
| 19 | | City and be used to reduce the amount which the City would | 20 | | otherwise
contribute during succeeding years for all | 21 | | employees.
| 22 | | (f) In lieu of levying all or a portion of the tax required | 23 | | under this
Section in any year, the city may deposit with the | 24 | | city treasurer no later than
March 1 of that year for the | 25 | | benefit of the fund, to be held in accordance with
this | 26 | | Article, an amount that, together with the taxes levied under |
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| 1 | | this Section
for that year, is not less than the amount of the | 2 | | city contributions for that
year as certified by the board to | 3 | | the city council. The deposit may be derived
from any source | 4 | | legally available for that purpose, including, but not limited
| 5 | | to, the proceeds of city borrowings. The making of a deposit | 6 | | shall satisfy
fully the requirements of this Section for that | 7 | | year to the extent of the
amounts so deposited. Amounts | 8 | | deposited under this subsection may be used by
the fund for any | 9 | | of the purposes for which the proceeds of the taxes tax levied | 10 | | by
the city under this Section may be used, including the | 11 | | payment of any amount
that is otherwise required by this | 12 | | Article to be paid from the proceeds of those taxes that
tax .
| 13 | | (Source: P.A. 90-31, eff. 6-27-97; 90-766, eff. 8-14-98.)
| 14 | | (40 ILCS 5/11-169.1 new) | 15 | | Sec. 11-169.1. Funding Obligation. | 16 | | (a) Beginning January 1, 2015, the city shall be obligated | 17 | | to contribute to the Fund in each fiscal year an amount not | 18 | | less than the amount determined annually under subsections (a) | 19 | | through (a-2) of Section 11-169 of this Code. Notwithstanding | 20 | | any other provision of law, if the city fails to pay the amount | 21 | | guaranteed under this Section on or before December 31 of the | 22 | | year in which such amount is due, the retirement board may | 23 | | bring a mandamus action in the Circuit Court of Cook County to | 24 | | compel the city to make the required payment, irrespective of | 25 | | other remedies that may be available to the Fund. The |
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| 1 | | obligations and causes of action created under this Section | 2 | | shall be in addition to any other right or remedy otherwise | 3 | | accorded by common law or State or federal law, and nothing in | 4 | | this Section shall be construed to deny, abrogate, impair, or | 5 | | waive any such common law or statutory right or remedy. | 6 | | (b) In ordering the city to make the required payment, the | 7 | | court may order a reasonable payment schedule to enable the | 8 | | city to make the required payment without significantly | 9 | | imperiling the public health, safety, or welfare. Any payments | 10 | | required to be made by the city pursuant to this Section are | 11 | | expressly subordinated to the payment of the principal, | 12 | | interest, premium, if any, and other payments on or related to | 13 | | any bonded debt obligation of the city, either currently | 14 | | outstanding or to be issued, for which the source of repayment | 15 | | or security thereon is derived directly or indirectly from any | 16 | | funds collected or received by the city or collected or | 17 | | received on behalf of the city. Payments on such bonded | 18 | | obligations include any statutory fund transfers or other | 19 | | prefunding mechanisms or formulas set forth, now or hereafter, | 20 | | in State law, city ordinance, or bond indentures, into debt | 21 | | service funds or accounts of the city related to such bonded | 22 | | obligations, consistent with the payment schedules associated | 23 | | with such obligations.
| 24 | | (40 ILCS 5/11-170) (from Ch. 108 1/2, par. 11-170)
| 25 | | Sec. 11-170. Contributions for age and service annuities |
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| 1 | | for present
employees, future entrants and re-entrants.
| 2 | | (a) Beginning on the effective date and prior to July 1, | 3 | | 1947, 3
1/4%; and beginning on July 1, 1947 and prior to July | 4 | | 1, 1953, 5%; and
beginning July 1, 1953 and prior to January 1, | 5 | | 1972, 6%; and beginning
January 1, 1972, 6.5%; and beginning | 6 | | January 1, 2015, and prior to January 1, 2016, 7.0%; and | 7 | | beginning January 1, 2016, and prior to January 1, 2017, 7.5%; | 8 | | and, beginning January 1, 2017, and prior to January 1, 2018, | 9 | | 8.0%; and beginning January 1, 2018, and prior to January 1, | 10 | | 2019, 8.5%; and beginning January 1, 2019, and thereafter, 9.0% | 11 | | 6 1/2% of each payment of the salary of each present
employee, | 12 | | future entrant and re-entrant shall be contributed to the fund
| 13 | | as a deduction from salary for age and service annuity ; | 14 | | provided, however, that beginning with the first pay period on | 15 | | or after the date when the funded ratio of the Fund is first | 16 | | determined to have reached the 90% funding goal set forth in | 17 | | subsection (a-2) of Section 11-169 of this Code, and each pay | 18 | | period thereafter for as long as the Fund maintains a funding | 19 | | ratio of 90% or more, employee contributions shall be 7.75% of | 20 | | salary for the age and service annuity. If the funding ratio | 21 | | falls below 90%, then employee contributions for the age and | 22 | | service annuity shall revert to 9.0% of salary until such time | 23 | | as the Fund once again is determined to have reached a funding | 24 | | ratio of at least 90%, at which time employee contributions of | 25 | | 7.75% shall resume for the age and service annuity . Such | 26 | | deductions
beginning on the effective date and prior to June |
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| 1 | | 30, 1947, inclusive
shall be made for a future entrant while he | 2 | | is in service until he
attains age 65, and for a present | 3 | | employee while he is in service until
the amount so deducted | 4 | | from his salary with interest at the rate of 4%
per annum shall | 5 | | be equal to the sum which would have accumulated to his
credit | 6 | | from sums deducted from his salary if deductions at the rate
| 7 | | herein stated had been made during his entire service until he | 8 | | attained
age 65 with interest at 4% per annum for the period | 9 | | subsequent to his
attainment of age 65. Such deductions | 10 | | beginning July 1, 1947 shall be
made and continued for | 11 | | employees while in the service.
| 12 | | Notwithstanding Section 1-103.1, the changes to this | 13 | | Section made by this amendatory Act of the 98th General | 14 | | Assembly apply regardless of whether the employee was in active | 15 | | service on or after the effective date of this amendatory Act. | 16 | | (b) Concurrently with each employee contribution, the city | 17 | | shall
contribute beginning on the effective date and prior to | 18 | | July 1, 1947, 5
3/4%; and beginning July 1, 1947 and prior to | 19 | | July 1, 1953, 7%; and
beginning July 1, 1953, 6% of each | 20 | | payment of such salary until the
employee attains age 65.
| 21 | | (c) Each employee contribution made prior to the date age | 22 | | and
service annuity for an employee is fixed and each | 23 | | corresponding city
contribution shall be allocated to the | 24 | | account of and credited to the
employee for whose benefit it is | 25 | | made.
| 26 | | (Source: P.A. 81-1536.)
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| 1 | | (40 ILCS 5/11-179.1 new) | 2 | | Sec. 11-179.1. Use of contributions for health care | 3 | | subsidies. Except as may be required pursuant to Sections | 4 | | 11-160.1 and 11-160.2 of this Code, the Fund shall not use any | 5 | | contribution received by the Fund under this Article to provide | 6 | | a subsidy for the cost of participation in a retiree health | 7 | | care program.
| 8 | | (40 ILCS 5/11-181)
(from Ch. 108 1/2, par. 11-181)
| 9 | | Sec. 11-181. Board created. Notwithstanding any other | 10 | | provision of this Article: | 11 | | (1) After discussion with the board and other | 12 | | interested parties, the city shall present to the General | 13 | | Assembly its recommendations for restructuring the board | 14 | | of the Fund. | 15 | | (2) On April 1, 2015, the terms of the members of the | 16 | | board serving on that date are terminated, and the board | 17 | | shall be restructured and reconstituted as provided by the | 18 | | General Assembly by law. | 19 | | Until the board is restructured in accordance with this | 20 | | amendatory Act of the 98th General Assembly, a A board of 8 | 21 | | members shall constitute
the board of trustees authorized to | 22 | | carry out the provisions of this
Article. The board shall be | 23 | | known as the Retirement Board of the Laborers'
and Retirement | 24 | | Board Employees' Annuity and Benefit Fund of the city.
The |
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| 1 | | board shall consist of 5 persons appointed and 2 employees and | 2 | | one
annuitant elected in the manner hereinafter prescribed.
| 3 | | The appointed members of the board shall be appointed as | 4 | | follows:
| 5 | | One member shall be appointed by the comptroller of the | 6 | | city, who
may be himself or anyone chosen from among employees | 7 | | of the city who
are versed in the affairs of the comptroller's | 8 | | office; one member shall
be appointed by the City Treasurer of | 9 | | the city, who may be himself or
a person chosen from among | 10 | | employees of the city who are versed in the affairs
of the City | 11 | | Treasurer's office; one member shall be an employee of the city
| 12 | | appointed by the president of the local labor organization | 13 | | representing a
majority of the employees participating in the | 14 | | Fund; and 2 members shall
be appointed by the civil service | 15 | | commission or the Department
of Personnel of the city from | 16 | | among employees of the
city who are versed in the affairs of | 17 | | the civil service commission's office or
the Department of | 18 | | Personnel.
| 19 | | The member appointed by the comptroller shall hold office | 20 | | for a term
ending on December 1st of the first year following | 21 | | the year of appointment.
The member appointed by the City | 22 | | Treasurer shall hold office for a term
ending on December 1st | 23 | | of the second year following the year of appointment.
The | 24 | | member appointed by the civil service commission shall hold | 25 | | office for a
term ending on the first day in the month of | 26 | | December of the third year
following the year of appointment. |
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| 1 | | The additional member appointed by the
civil service commission | 2 | | under this amendatory Act of 1998 shall hold office
for an | 3 | | initial term ending on December 1, 2000, and the member | 4 | | appointed by the
labor organization president shall hold office | 5 | | for an initial term ending on
December 1, 2001. Thereafter each | 6 | | appointive member shall be appointed by
the officer or body | 7 | | that appointed his predecessor, for a term of 3 years.
| 8 | | The 2 employee members of the board shall be elected as | 9 | | follows:
| 10 | | Within 30 days from and after the appointive members have | 11 | | been appointed
and have qualified, the appointive members shall | 12 | | arrange for and hold an
election.
| 13 | | One employee shall be elected for a term ending on December | 14 | | 1st of the
first year next following the effective date; one | 15 | | for a term ending on
December 1st of the following year.
| 16 | | An employee member who takes advantage of the early | 17 | | retirement incentives
provided under this amendatory Act of the | 18 | | 93rd General Assembly may continue as
a member until the end of | 19 | | his or her term.
| 20 | | The initial annuitant member shall be appointed by the | 21 | | other members of
the board for an initial term ending on | 22 | | December 1, 1999.
The annuitant member elected in 1999 shall be | 23 | | deemed to have been
elected for a 3-year term ending on | 24 | | December 1, 2002.
Thereafter, the annuitant member shall be | 25 | | elected for a 3-year term ending
on December 1st of the third | 26 | | year following the election.
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| 1 | | (Source: P.A. 93-654, eff. 1-16-04.)
| 2 | | Section 90. The State Mandates Act is amended by adding | 3 | | Section 8.38 as follows: | 4 | | (30 ILCS 805/8.38 new) | 5 | | Sec. 8.38. Exempt mandate. Notwithstanding Sections 6 and 8 | 6 | | of this Act, no reimbursement by the State is required for the | 7 | | implementation of any mandate created by this amendatory Act of | 8 | | the 98th General Assembly. | 9 | | Section 93. Inseverability and severability. The | 10 | | provisions of this amendatory Act of 2013 set forth in Secs. | 11 | | 1-160, 8-137, 8-137.1, 8-173, 8-173.1, 8-174, 11-134.1, | 12 | | 11-134.3, 11-169, 11-169.1, and 11-170 of the Illinois Pension | 13 | | Code are mutually dependent and inseverable. If any of those | 14 | | provisions is held invalid other than as applied to a | 15 | | particular person or circumstance, then all of those provisions | 16 | | are invalid. The remaining provisions of this Act are severable | 17 | | under Section 1.31 of the Statute on Statutes, and are not | 18 | | mutually dependent upon the provisions set forth in any other | 19 | | Section of this Act. | 20 | | Section 95. No acceleration or delay. Where this Act makes | 21 | | changes in a statute that is represented in this Act by text | 22 | | that is not yet or no longer in effect (for example, a Section |
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| 1 | | represented by multiple versions), the use of that text does | 2 | | not accelerate or delay the taking effect of (i) the changes | 3 | | made by this Act or (ii) provisions derived from any other | 4 | | Public Act.
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.".
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