Full Text of SB2437 99th General Assembly
SB2437eng 99TH GENERAL ASSEMBLY |
| | SB2437 Engrossed | | LRB099 17093 EFG 41451 b |
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| 1 | | AN ACT concerning public employee benefits.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Pension Code is amended by changing | 5 | | Section 17-132 as follows:
| 6 | | (40 ILCS 5/17-132) (from Ch. 108 1/2, par. 17-132)
| 7 | | Sec. 17-132. Payments and certification of salary | 8 | | deductions. | 9 | | (a) An Employer shall cause the Fund to receive all | 10 | | members' payroll records and pension contributions within 30 | 11 | | calendar days after each predesignated payday. For purposes of | 12 | | this Section, the predesignated payday shall be determined in | 13 | | accordance with each Employer's payroll schedule for | 14 | | contributions to the Fund. | 15 | | (b) An Employer that fails to timely certify and submit | 16 | | payroll records to the Fund is subject to a statutory penalty | 17 | | in the amount of $100 per day for each day that a required | 18 | | certification and submission is late. | 19 | | Amounts not received by the 30th calendar day after the | 20 | | predesignated payday shall be deemed delinquent and subject to | 21 | | a penalty consisting of interest, which shall accrue on a | 22 | | monthly basis at the Fund's then effective actuarial rate of | 23 | | return, and liquidated damages in the amount of $100 per day, |
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| 1 | | not to exceed 20% of the principal contributions due, which | 2 | | shall be mandatory except for good cause shown and in the | 3 | | discretion of the Board. | 4 | | An Employer in possession of member contributions deducted | 5 | | from payroll checks is holding Fund assets, and thus becomes a | 6 | | fiduciary over those assets. | 7 | | (c) The payroll records shall report (1) all pensionable | 8 | | salary earned in that pay period, exclusive of salaries for | 9 | | overtime, special services, or any employment on an optional | 10 | | basis, such as in summer school; (2) adjustments to pensionable | 11 | | salary, exclusive of salaries for overtime, special services, | 12 | | or any employment on an optional basis, such as in summer | 13 | | school, made in a pay period for any prior pay periods; (3) | 14 | | pension contributions attributable to pensionable salary | 15 | | earned in the reported pay period or the adjusted pay period as | 16 | | required by subsection (b) of Section 17-131; and (4) any | 17 | | salary paid by an Employer if that salary is compensation for | 18 | | validated service and is exclusive of salary for overtime, | 19 | | special services, or any employment on an optional basis, such | 20 | | as in summer school ; and (5) any and all other data necessary | 21 | | for the Fund to calculate pension benefits . Payroll records | 22 | | required by item (4) of this paragraph shall identify the | 23 | | number of days of service rendered by the member and whether | 24 | | each day of service represents a partial or whole day of | 25 | | service. | 26 | | Any necessary amendments or corrections to certified data |
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| 1 | | provided by the employer must be made within one year after the | 2 | | certified data is received by the Fund. | 3 | | (d) The appropriate officers of the Employer shall certify | 4 | | and submit the payroll records no later than 30 calendar days | 5 | | after each predesignated payday. The certification shall | 6 | | constitute a confirmation of the accuracy of such deductions | 7 | | according to the provisions of this Article. | 8 | | Each Charter School shall designate an administrator as a | 9 | | "Pension Officer". The Pension Officer shall be responsible for | 10 | | certifying all payroll information, including contributions | 11 | | due and certified sick days payable pursuant to Section 17-134, | 12 | | and assuring resolution of reported payroll and contribution | 13 | | deficiencies. | 14 | | (e) The Board has the authority to conduct payroll audits | 15 | | of a charter school to determine the existence of any | 16 | | delinquencies in contributions to the Fund, and such charter | 17 | | school shall be required to provide such books and records and | 18 | | contribution information as the Board or its authorized | 19 | | representative may require. The Board is also authorized to | 20 | | collect delinquent contributions from charter schools and | 21 | | develop procedures for the collection of such delinquencies. | 22 | | Collection procedures may include legal proceedings in the | 23 | | courts of the State of Illinois. Expenses, including reasonable | 24 | | attorneys' fees, incurred in the collection of delinquent | 25 | | contributions may be assessed by the Board against the charter | 26 | | school.
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| 1 | | (Source: P.A. 98-427, eff. 8-16-13; 99-176, eff. 7-29-15.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
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