Full Text of SB1570 100th General Assembly
SB1570sam001 100TH GENERAL ASSEMBLY | Sen. Iris Y. Martinez Filed: 3/10/2017
| | 10000SB1570sam001 | | LRB100 06322 RPS 22832 a |
|
| 1 | | AMENDMENT TO SENATE BILL 1570
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1570 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Pension Code is amended by | 5 | | changing 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 |
| | | 10000SB1570sam001 | - 2 - | LRB100 06322 RPS 22832 a |
|
| 1 | | in the amount of $100 per day for each day that a required | 2 | | certification and submission is late. The Fund shall provide a | 3 | | written notice of delinquency to an Employer 10 calendar days | 4 | | before the 30 calendar days of subsection (a) of this Section. | 5 | | If the Fund fails to provide an Employer with a written notice | 6 | | of delinquency 10 calendar days before the 30 calendar days of | 7 | | subsection (a) of this Section, the Fund is prohibited from | 8 | | administering any penalty to the Employer for such submission | 9 | | until the Fund provides a 10 calendar day notice to the | 10 | | Employer. | 11 | | An Employer assessed a penalty may provide the Board a | 12 | | Request for a Waiver of the penalty for good cause shown within | 13 | | 30 days from the date of issuance of an invoice for such | 14 | | penalty. The invoice will be deemed delinquent if unpaid 30 | 15 | | days from the date of issuance, unless the Board notifies the | 16 | | Employer of acceptance of the Employer's Request for a Waiver | 17 | | of the penalty and such penalty is waived by the Board. | 18 | | Amounts not received by the 30th calendar day after the | 19 | | predesignated payday shall be deemed delinquent and subject to | 20 | | a penalty consisting of interest, which shall accrue on a | 21 | | monthly basis at the Fund's then effective actuarial rate of | 22 | | return, and liquidated damages in the amount of $100 per day, | 23 | | not to exceed 20% of the principal contributions due, which | 24 | | shall be mandatory except for good cause shown and in the | 25 | | discretion of the Board. The Fund shall provide an Employer | 26 | | with written notice of delinquency 10 calendar days before the |
| | | 10000SB1570sam001 | - 3 - | LRB100 06322 RPS 22832 a |
|
| 1 | | 30th calendar day after the predesignated payday. If the Fund | 2 | | fails to provide an Employer with written notice of delinquency | 3 | | 10 calendar days before the 30th calendar day after the | 4 | | predesignated payday, the Fund is prohibited from | 5 | | administering any penalty to the Employer for that delinquent | 6 | | amount until the Fund provides a 10 calendar day notice to the | 7 | | Employer. | 8 | | An Employer assessed a penalty may provide the Board a | 9 | | Request for a Waiver of the penalty for good cause shown within | 10 | | 30 days from the date of issuance of an invoice for such | 11 | | penalty. The invoice will be deemed delinquent if unpaid 30 | 12 | | days from the date of issuance, unless the Board notifies the | 13 | | Employer of acceptance of the Employer's Request for a Waiver | 14 | | of the penalty and such penalty is waived by the Board. | 15 | | An Employer in possession of member contributions deducted | 16 | | from payroll checks is holding Fund assets, and thus becomes a | 17 | | fiduciary over those assets. | 18 | | (c) The payroll records shall report (1) all pensionable | 19 | | salary earned in that pay period, exclusive of salaries for | 20 | | overtime, special services, or any employment on an optional | 21 | | basis, such as in summer school; (2) adjustments to pensionable | 22 | | salary, exclusive of salaries for overtime, special services, | 23 | | or any employment on an optional basis, such as in summer | 24 | | school, made in a pay period for any prior pay periods; (3) | 25 | | pension contributions attributable to pensionable salary | 26 | | earned in the reported pay period or the adjusted pay period as |
| | | 10000SB1570sam001 | - 4 - | LRB100 06322 RPS 22832 a |
|
| 1 | | required by subsection (b) of Section 17-131; and (4) any | 2 | | salary paid by an Employer if that salary is compensation for | 3 | | validated service and is exclusive of salary for overtime, | 4 | | special services, or any employment on an optional basis, such | 5 | | as in summer school ; and (5) any and all other data necessary | 6 | | for the Fund to calculate pension benefits . Payroll records | 7 | | required by item (4) of this paragraph shall identify the | 8 | | number of days of service rendered by the member and whether | 9 | | each day of service represents a partial or whole day of | 10 | | service. | 11 | | Any proposed amendments or corrections to certified data
| 12 | | submitted by an Employer must be made no later than 12 months | 13 | | after the Employer originally submitted the data being amended | 14 | | or corrected or such proposed amended or corrected data may be | 15 | | rejected by the Fund; provided, however, that this limitation | 16 | | does not apply to amendments or corrections to certified data: | 17 | | (i) required by a final and non-appealable order of a court of | 18 | | competent jurisdiction or as determined in a non-appealable and | 19 | | final decision of an administrative agency with competent | 20 | | jurisdiction, or (ii) deemed valid by the Fund and as provided | 21 | | in a legally enforceable settlement agreement between a member | 22 | | or former member and an Employer. | 23 | | (d) The appropriate officers of the Employer shall certify | 24 | | and submit the payroll records no later than 30 calendar days | 25 | | after each predesignated payday. The certification shall | 26 | | constitute a confirmation of the accuracy of such deductions |
| | | 10000SB1570sam001 | - 5 - | LRB100 06322 RPS 22832 a |
|
| 1 | | according to the provisions of this Article. | 2 | | Each Charter School shall designate an administrator as a | 3 | | "Pension Officer". The Pension Officer shall be responsible for | 4 | | certifying all payroll information, including contributions | 5 | | due and certified sick days payable pursuant to Section 17-134, | 6 | | and assuring resolution of reported payroll and contribution | 7 | | deficiencies. | 8 | | (e) The Board has the authority to conduct payroll audits | 9 | | of a charter school to determine the existence of any | 10 | | delinquencies in contributions to the Fund, and such charter | 11 | | school shall be required to provide such books and records and | 12 | | contribution information as the Board or its authorized | 13 | | representative may require. The Board is also authorized to | 14 | | collect delinquent contributions from charter schools and | 15 | | develop procedures for the collection of such delinquencies. | 16 | | Collection procedures may include legal proceedings in the | 17 | | courts of the State of Illinois. Expenses, including reasonable | 18 | | attorneys' fees, incurred in the collection of delinquent | 19 | | contributions may be assessed by the Board against the charter | 20 | | school.
| 21 | | (Source: P.A. 98-427, eff. 8-16-13; 99-176, eff. 7-29-15.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.".
|
|