Illinois General Assembly - Full Text of HB0417
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Full Text of HB0417  102nd General Assembly

HB0417sam001 102ND GENERAL ASSEMBLY

Sen. Robert F. Martwick

Filed: 5/19/2021

 

 


 

 


 
10200HB0417sam001LRB102 09987 AMC 26803 a

1
AMENDMENT TO HOUSE BILL 417

2    AMENDMENT NO. ______. Amend House Bill 417 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Property Tax Code is amended by changing
5Section 18-185 as follows:
 
6    (35 ILCS 200/18-185)
7    Sec. 18-185. Short title; definitions. This Division 5
8may be cited as the Property Tax Extension Limitation Law. As
9used in this Division 5:
10    "Consumer Price Index" means the Consumer Price Index for
11All Urban Consumers for all items published by the United
12States Department of Labor.
13    "Extension limitation" means (a) the lesser of 5% or the
14percentage increase in the Consumer Price Index during the
1512-month calendar year preceding the levy year or (b) the rate
16of increase approved by voters under Section 18-205.

 

 

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1    "Affected county" means a county of 3,000,000 or more
2inhabitants or a county contiguous to a county of 3,000,000 or
3more inhabitants.
4    "Taxing district" has the same meaning provided in Section
51-150, except as otherwise provided in this Section. For the
61991 through 1994 levy years only, "taxing district" includes
7only each non-home rule taxing district having the majority of
8its 1990 equalized assessed value within any county or
9counties contiguous to a county with 3,000,000 or more
10inhabitants. Beginning with the 1995 levy year, "taxing
11district" includes only each non-home rule taxing district
12subject to this Law before the 1995 levy year and each non-home
13rule taxing district not subject to this Law before the 1995
14levy year having the majority of its 1994 equalized assessed
15value in an affected county or counties. Beginning with the
16levy year in which this Law becomes applicable to a taxing
17district as provided in Section 18-213, "taxing district" also
18includes those taxing districts made subject to this Law as
19provided in Section 18-213.
20    "Aggregate extension" for taxing districts to which this
21Law applied before the 1995 levy year means the annual
22corporate extension for the taxing district and those special
23purpose extensions that are made annually for the taxing
24district, excluding special purpose extensions: (a) made for
25the taxing district to pay interest or principal on general
26obligation bonds that were approved by referendum; (b) made

 

 

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1for any taxing district to pay interest or principal on
2general obligation bonds issued before October 1, 1991; (c)
3made for any taxing district to pay interest or principal on
4bonds issued to refund or continue to refund those bonds
5issued before October 1, 1991; (d) made for any taxing
6district to pay interest or principal on bonds issued to
7refund or continue to refund bonds issued after October 1,
81991 that were approved by referendum; (e) made for any taxing
9district to pay interest or principal on revenue bonds issued
10before October 1, 1991 for payment of which a property tax levy
11or the full faith and credit of the unit of local government is
12pledged; however, a tax for the payment of interest or
13principal on those bonds shall be made only after the
14governing body of the unit of local government finds that all
15other sources for payment are insufficient to make those
16payments; (f) made for payments under a building commission
17lease when the lease payments are for the retirement of bonds
18issued by the commission before October 1, 1991, to pay for the
19building project; (g) made for payments due under installment
20contracts entered into before October 1, 1991; (h) made for
21payments of principal and interest on bonds issued under the
22Metropolitan Water Reclamation District Act to finance
23construction projects initiated before October 1, 1991; (i)
24made for payments of principal and interest on limited bonds,
25as defined in Section 3 of the Local Government Debt Reform
26Act, in an amount not to exceed the debt service extension base

 

 

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1less the amount in items (b), (c), (e), and (h) of this
2definition for non-referendum obligations, except obligations
3initially issued pursuant to referendum; (j) made for payments
4of principal and interest on bonds issued under Section 15 of
5the Local Government Debt Reform Act; (k) made by a school
6district that participates in the Special Education District
7of Lake County, created by special education joint agreement
8under Section 10-22.31 of the School Code, for payment of the
9school district's share of the amounts required to be
10contributed by the Special Education District of Lake County
11to the Illinois Municipal Retirement Fund under Article 7 of
12the Illinois Pension Code; the amount of any extension under
13this item (k) shall be certified by the school district to the
14county clerk; (l) made to fund expenses of providing joint
15recreational programs for persons with disabilities under
16Section 5-8 of the Park District Code or Section 11-95-14 of
17the Illinois Municipal Code; (m) made for temporary relocation
18loan repayment purposes pursuant to Sections 2-3.77 and
1917-2.2d of the School Code; (n) made for payment of principal
20and interest on any bonds issued under the authority of
21Section 17-2.2d of the School Code; (o) made for contributions
22to a firefighter's pension fund created under Article 4 of the
23Illinois Pension Code, to the extent of the amount certified
24under item (5) of Section 4-134 of the Illinois Pension Code;
25and (p) made for road purposes in the first year after a
26township assumes the rights, powers, duties, assets, property,

 

 

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1liabilities, obligations, and responsibilities of a road
2district abolished under the provisions of Section 6-133 of
3the Illinois Highway Code.
4    "Aggregate extension" for the taxing districts to which
5this Law did not apply before the 1995 levy year (except taxing
6districts subject to this Law in accordance with Section
718-213) means the annual corporate extension for the taxing
8district and those special purpose extensions that are made
9annually for the taxing district, excluding special purpose
10extensions: (a) made for the taxing district to pay interest
11or principal on general obligation bonds that were approved by
12referendum; (b) made for any taxing district to pay interest
13or principal on general obligation bonds issued before March
141, 1995; (c) made for any taxing district to pay interest or
15principal on bonds issued to refund or continue to refund
16those bonds issued before March 1, 1995; (d) made for any
17taxing district to pay interest or principal on bonds issued
18to refund or continue to refund bonds issued after March 1,
191995 that were approved by referendum; (e) made for any taxing
20district to pay interest or principal on revenue bonds issued
21before March 1, 1995 for payment of which a property tax levy
22or the full faith and credit of the unit of local government is
23pledged; however, a tax for the payment of interest or
24principal on those bonds shall be made only after the
25governing body of the unit of local government finds that all
26other sources for payment are insufficient to make those

 

 

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1payments; (f) made for payments under a building commission
2lease when the lease payments are for the retirement of bonds
3issued by the commission before March 1, 1995 to pay for the
4building project; (g) made for payments due under installment
5contracts entered into before March 1, 1995; (h) made for
6payments of principal and interest on bonds issued under the
7Metropolitan Water Reclamation District Act to finance
8construction projects initiated before October 1, 1991; (h-4)
9made for stormwater management purposes by the Metropolitan
10Water Reclamation District of Greater Chicago under Section 12
11of the Metropolitan Water Reclamation District Act; (i) made
12for payments of principal and interest on limited bonds, as
13defined in Section 3 of the Local Government Debt Reform Act,
14in an amount not to exceed the debt service extension base less
15the amount in items (b), (c), and (e) of this definition for
16non-referendum obligations, except obligations initially
17issued pursuant to referendum and bonds described in
18subsection (h) of this definition; (j) made for payments of
19principal and interest on bonds issued under Section 15 of the
20Local Government Debt Reform Act; (k) made for payments of
21principal and interest on bonds authorized by Public Act
2288-503 and issued under Section 20a of the Chicago Park
23District Act for aquarium or museum projects and bonds issued
24under Section 20a of the Chicago Park District Act for the
25purpose of making contributions to the pension fund
26established under Article 12 of the Illinois Pension Code; (l)

 

 

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1made for payments of principal and interest on bonds
2authorized by Public Act 87-1191 or 93-601 and (i) issued
3pursuant to Section 21.2 of the Cook County Forest Preserve
4District Act, (ii) issued under Section 42 of the Cook County
5Forest Preserve District Act for zoological park projects, or
6(iii) issued under Section 44.1 of the Cook County Forest
7Preserve District Act for botanical gardens projects; (m) made
8pursuant to Section 34-53.5 of the School Code, whether levied
9annually or not; (n) made to fund expenses of providing joint
10recreational programs for persons with disabilities under
11Section 5-8 of the Park District Code or Section 11-95-14 of
12the Illinois Municipal Code; (o) made by the Chicago Park
13District for recreational programs for persons with
14disabilities under subsection (c) of Section 7.06 of the
15Chicago Park District Act; (p) made for contributions to a
16firefighter's pension fund created under Article 4 of the
17Illinois Pension Code, to the extent of the amount certified
18under item (5) of Section 4-134 of the Illinois Pension Code;
19(q) made by Ford Heights School District 169 under Section
2017-9.02 of the School Code; and (r) made for the purpose of
21making employer contributions to the Public School Teachers'
22Pension and Retirement Fund of Chicago under Section 34-53 of
23the School Code.
24    "Aggregate extension" for all taxing districts to which
25this Law applies in accordance with Section 18-213, except for
26those taxing districts subject to paragraph (2) of subsection

 

 

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1(e) of Section 18-213, means the annual corporate extension
2for the taxing district and those special purpose extensions
3that are made annually for the taxing district, excluding
4special purpose extensions: (a) made for the taxing district
5to pay interest or principal on general obligation bonds that
6were approved by referendum; (b) made for any taxing district
7to pay interest or principal on general obligation bonds
8issued before the date on which the referendum making this Law
9applicable to the taxing district is held; (c) made for any
10taxing district to pay interest or principal on bonds issued
11to refund or continue to refund those bonds issued before the
12date on which the referendum making this Law applicable to the
13taxing district is held; (d) made for any taxing district to
14pay interest or principal on bonds issued to refund or
15continue to refund bonds issued after the date on which the
16referendum making this Law applicable to the taxing district
17is held if the bonds were approved by referendum after the date
18on which the referendum making this Law applicable to the
19taxing district is held; (e) made for any taxing district to
20pay interest or principal on revenue bonds issued before the
21date on which the referendum making this Law applicable to the
22taxing district is held for payment of which a property tax
23levy or the full faith and credit of the unit of local
24government is pledged; however, a tax for the payment of
25interest or principal on those bonds shall be made only after
26the governing body of the unit of local government finds that

 

 

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1all other sources for payment are insufficient to make those
2payments; (f) made for payments under a building commission
3lease when the lease payments are for the retirement of bonds
4issued by the commission before the date on which the
5referendum making this Law applicable to the taxing district
6is held to pay for the building project; (g) made for payments
7due under installment contracts entered into before the date
8on which the referendum making this Law applicable to the
9taxing district is held; (h) made for payments of principal
10and interest on limited bonds, as defined in Section 3 of the
11Local Government Debt Reform Act, in an amount not to exceed
12the debt service extension base less the amount in items (b),
13(c), and (e) of this definition for non-referendum
14obligations, except obligations initially issued pursuant to
15referendum; (i) made for payments of principal and interest on
16bonds issued under Section 15 of the Local Government Debt
17Reform Act; (j) made for a qualified airport authority to pay
18interest or principal on general obligation bonds issued for
19the purpose of paying obligations due under, or financing
20airport facilities required to be acquired, constructed,
21installed or equipped pursuant to, contracts entered into
22before March 1, 1996 (but not including any amendments to such
23a contract taking effect on or after that date); (k) made to
24fund expenses of providing joint recreational programs for
25persons with disabilities under Section 5-8 of the Park
26District Code or Section 11-95-14 of the Illinois Municipal

 

 

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1Code; (l) made for contributions to a firefighter's pension
2fund created under Article 4 of the Illinois Pension Code, to
3the extent of the amount certified under item (5) of Section
44-134 of the Illinois Pension Code; and (m) made for the taxing
5district to pay interest or principal on general obligation
6bonds issued pursuant to Section 19-3.10 of the School Code.
7    "Aggregate extension" for all taxing districts to which
8this Law applies in accordance with paragraph (2) of
9subsection (e) of Section 18-213 means the annual corporate
10extension for the taxing district and those special purpose
11extensions that are made annually for the taxing district,
12excluding special purpose extensions: (a) made for the taxing
13district to pay interest or principal on general obligation
14bonds that were approved by referendum; (b) made for any
15taxing district to pay interest or principal on general
16obligation bonds issued before March 7, 1997 (the effective
17date of Public Act 89-718) this amendatory Act of 1997; (c)
18made for any taxing district to pay interest or principal on
19bonds issued to refund or continue to refund those bonds
20issued before March 7, 1997 (the effective date of Public Act
2189-718) this amendatory Act of 1997; (d) made for any taxing
22district to pay interest or principal on bonds issued to
23refund or continue to refund bonds issued after March 7, 1997
24(the effective date of Public Act 89-718) this amendatory Act
25of 1997 if the bonds were approved by referendum after March 7,
261997 (the effective date of Public Act 89-718) this amendatory

 

 

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1Act of 1997; (e) made for any taxing district to pay interest
2or principal on revenue bonds issued before March 7, 1997 (the
3effective date of Public Act 89-718) this amendatory Act of
41997 for payment of which a property tax levy or the full faith
5and credit of the unit of local government is pledged;
6however, a tax for the payment of interest or principal on
7those bonds shall be made only after the governing body of the
8unit of local government finds that all other sources for
9payment are insufficient to make those payments; (f) made for
10payments under a building commission lease when the lease
11payments are for the retirement of bonds issued by the
12commission before March 7, 1997 (the effective date of Public
13Act 89-718) this amendatory Act of 1997 to pay for the building
14project; (g) made for payments due under installment contracts
15entered into before March 7, 1997 (the effective date of
16Public Act 89-718) this amendatory Act of 1997; (h) made for
17payments of principal and interest on limited bonds, as
18defined in Section 3 of the Local Government Debt Reform Act,
19in an amount not to exceed the debt service extension base less
20the amount in items (b), (c), and (e) of this definition for
21non-referendum obligations, except obligations initially
22issued pursuant to referendum; (i) made for payments of
23principal and interest on bonds issued under Section 15 of the
24Local Government Debt Reform Act; (j) made for a qualified
25airport authority to pay interest or principal on general
26obligation bonds issued for the purpose of paying obligations

 

 

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1due under, or financing airport facilities required to be
2acquired, constructed, installed or equipped pursuant to,
3contracts entered into before March 1, 1996 (but not including
4any amendments to such a contract taking effect on or after
5that date); (k) made to fund expenses of providing joint
6recreational programs for persons with disabilities under
7Section 5-8 of the Park District Code or Section 11-95-14 of
8the Illinois Municipal Code; and (l) made for contributions to
9a firefighter's pension fund created under Article 4 of the
10Illinois Pension Code, to the extent of the amount certified
11under item (5) of Section 4-134 of the Illinois Pension Code.
12    "Debt service extension base" means an amount equal to
13that portion of the extension for a taxing district for the
141994 levy year, or for those taxing districts subject to this
15Law in accordance with Section 18-213, except for those
16subject to paragraph (2) of subsection (e) of Section 18-213,
17for the levy year in which the referendum making this Law
18applicable to the taxing district is held, or for those taxing
19districts subject to this Law in accordance with paragraph (2)
20of subsection (e) of Section 18-213 for the 1996 levy year,
21constituting an extension for payment of principal and
22interest on bonds issued by the taxing district without
23referendum, but not including excluded non-referendum bonds.
24For park districts (i) that were first subject to this Law in
251991 or 1995 and (ii) whose extension for the 1994 levy year
26for the payment of principal and interest on bonds issued by

 

 

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1the park district without referendum (but not including
2excluded non-referendum bonds) was less than 51% of the amount
3for the 1991 levy year constituting an extension for payment
4of principal and interest on bonds issued by the park district
5without referendum (but not including excluded non-referendum
6bonds), "debt service extension base" means an amount equal to
7that portion of the extension for the 1991 levy year
8constituting an extension for payment of principal and
9interest on bonds issued by the park district without
10referendum (but not including excluded non-referendum bonds).
11A debt service extension base established or increased at any
12time pursuant to any provision of this Law, except Section
1318-212, shall be increased each year commencing with the later
14of (i) the 2009 levy year or (ii) the first levy year in which
15this Law becomes applicable to the taxing district, by the
16lesser of 5% or the percentage increase in the Consumer Price
17Index during the 12-month calendar year preceding the levy
18year. The debt service extension base may be established or
19increased as provided under Section 18-212. "Excluded
20non-referendum bonds" means (i) bonds authorized by Public Act
2188-503 and issued under Section 20a of the Chicago Park
22District Act for aquarium and museum projects; (ii) bonds
23issued under Section 15 of the Local Government Debt Reform
24Act; or (iii) refunding obligations issued to refund or to
25continue to refund obligations initially issued pursuant to
26referendum.

 

 

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1    "Special purpose extensions" include, but are not limited
2to, extensions for levies made on an annual basis for
3unemployment and workers' compensation, self-insurance,
4contributions to pension plans, and extensions made pursuant
5to Section 6-601 of the Illinois Highway Code for a road
6district's permanent road fund whether levied annually or not.
7The extension for a special service area is not included in the
8aggregate extension.
9    "Aggregate extension base" means the taxing district's
10last preceding aggregate extension as adjusted under Sections
1118-135, 18-215, 18-230, and 18-206. An adjustment under
12Section 18-135 shall be made for the 2007 levy year and all
13subsequent levy years whenever one or more counties within
14which a taxing district is located (i) used estimated
15valuations or rates when extending taxes in the taxing
16district for the last preceding levy year that resulted in the
17over or under extension of taxes, or (ii) increased or
18decreased the tax extension for the last preceding levy year
19as required by Section 18-135(c). Whenever an adjustment is
20required under Section 18-135, the aggregate extension base of
21the taxing district shall be equal to the amount that the
22aggregate extension of the taxing district would have been for
23the last preceding levy year if either or both (i) actual,
24rather than estimated, valuations or rates had been used to
25calculate the extension of taxes for the last levy year, or
26(ii) the tax extension for the last preceding levy year had not

 

 

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1been adjusted as required by subsection (c) of Section 18-135.
2    Notwithstanding any other provision of law, for levy year
32012, the aggregate extension base for West Northfield School
4District No. 31 in Cook County shall be $12,654,592.
5    "Levy year" has the same meaning as "year" under Section
61-155.
7    "New property" means (i) the assessed value, after final
8board of review or board of appeals action, of new
9improvements or additions to existing improvements on any
10parcel of real property that increase the assessed value of
11that real property during the levy year multiplied by the
12equalization factor issued by the Department under Section
1317-30, (ii) the assessed value, after final board of review or
14board of appeals action, of real property not exempt from real
15estate taxation, which real property was exempt from real
16estate taxation for any portion of the immediately preceding
17levy year, multiplied by the equalization factor issued by the
18Department under Section 17-30, including the assessed value,
19upon final stabilization of occupancy after new construction
20is complete, of any real property located within the
21boundaries of an otherwise or previously exempt military
22reservation that is intended for residential use and owned by
23or leased to a private corporation or other entity, (iii) in
24counties that classify in accordance with Section 4 of Article
25IX of the Illinois Constitution, an incentive property's
26additional assessed value resulting from a scheduled increase

 

 

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1in the level of assessment as applied to the first year final
2board of review market value, and (iv) any increase in
3assessed value due to oil or gas production from an oil or gas
4well required to be permitted under the Hydraulic Fracturing
5Regulatory Act that was not produced in or accounted for
6during the previous levy year. In addition, the county clerk
7in a county containing a population of 3,000,000 or more shall
8include in the 1997 recovered tax increment value for any
9school district, any recovered tax increment value that was
10applicable to the 1995 tax year calculations.
11    "Qualified airport authority" means an airport authority
12organized under the Airport Authorities Act and located in a
13county bordering on the State of Wisconsin and having a
14population in excess of 200,000 and not greater than 500,000.
15    "Recovered tax increment value" means, except as otherwise
16provided in this paragraph, the amount of the current year's
17equalized assessed value, in the first year after a
18municipality terminates the designation of an area as a
19redevelopment project area previously established under the
20Tax Increment Allocation Redevelopment Development Act in the
21Illinois Municipal Code, previously established under the
22Industrial Jobs Recovery Law in the Illinois Municipal Code,
23previously established under the Economic Development Project
24Area Tax Increment Act of 1995, or previously established
25under the Economic Development Area Tax Increment Allocation
26Act, of each taxable lot, block, tract, or parcel of real

 

 

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1property in the redevelopment project area over and above the
2initial equalized assessed value of each property in the
3redevelopment project area. For the taxes which are extended
4for the 1997 levy year, the recovered tax increment value for a
5non-home rule taxing district that first became subject to
6this Law for the 1995 levy year because a majority of its 1994
7equalized assessed value was in an affected county or counties
8shall be increased if a municipality terminated the
9designation of an area in 1993 as a redevelopment project area
10previously established under the Tax Increment Allocation
11Redevelopment Development Act in the Illinois Municipal Code,
12previously established under the Industrial Jobs Recovery Law
13in the Illinois Municipal Code, or previously established
14under the Economic Development Area Tax Increment Allocation
15Act, by an amount equal to the 1994 equalized assessed value of
16each taxable lot, block, tract, or parcel of real property in
17the redevelopment project area over and above the initial
18equalized assessed value of each property in the redevelopment
19project area. In the first year after a municipality removes a
20taxable lot, block, tract, or parcel of real property from a
21redevelopment project area established under the Tax Increment
22Allocation Redevelopment Development Act in the Illinois
23Municipal Code, the Industrial Jobs Recovery Law in the
24Illinois Municipal Code, or the Economic Development Area Tax
25Increment Allocation Act, "recovered tax increment value"
26means the amount of the current year's equalized assessed

 

 

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1value of each taxable lot, block, tract, or parcel of real
2property removed from the redevelopment project area over and
3above the initial equalized assessed value of that real
4property before removal from the redevelopment project area.
5    Except as otherwise provided in this Section, "limiting
6rate" means a fraction the numerator of which is the last
7preceding aggregate extension base times an amount equal to
8one plus the extension limitation defined in this Section and
9the denominator of which is the current year's equalized
10assessed value of all real property in the territory under the
11jurisdiction of the taxing district during the prior levy
12year. For those taxing districts that reduced their aggregate
13extension for the last preceding levy year, except for school
14districts that reduced their extension for educational
15purposes pursuant to Section 18-206, the highest aggregate
16extension in any of the last 3 preceding levy years shall be
17used for the purpose of computing the limiting rate. The
18denominator shall not include new property or the recovered
19tax increment value. If a new rate, a rate decrease, or a
20limiting rate increase has been approved at an election held
21after March 21, 2006, then (i) the otherwise applicable
22limiting rate shall be increased by the amount of the new rate
23or shall be reduced by the amount of the rate decrease, as the
24case may be, or (ii) in the case of a limiting rate increase,
25the limiting rate shall be equal to the rate set forth in the
26proposition approved by the voters for each of the years

 

 

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1specified in the proposition, after which the limiting rate of
2the taxing district shall be calculated as otherwise provided.
3In the case of a taxing district that obtained referendum
4approval for an increased limiting rate on March 20, 2012, the
5limiting rate for tax year 2012 shall be the rate that
6generates the approximate total amount of taxes extendable for
7that tax year, as set forth in the proposition approved by the
8voters; this rate shall be the final rate applied by the county
9clerk for the aggregate of all capped funds of the district for
10tax year 2012.
11(Source: P.A. 99-143, eff. 7-27-15; 99-521, eff. 6-1-17;
12100-465, eff. 8-31-17; revised 8-12-19.)
 
13    Section 10. The Chicago Park District Act is amended by
14changing Section 20a as follows:
 
15    (70 ILCS 1505/20a)  (from Ch. 105, par. 333.20a)
16    Sec. 20a. Bonds; issuance; interest. Notwithstanding
17anything to the contrary in Section 20 of this Act, the Chicago
18Park District is authorized to issue from time to time bonds of
19such district in the principal amount of $84,000,000 for the
20purpose of paying the cost of erecting, enlarging,
21ornamenting, building, rebuilding, rehabilitating and
22improving any aquarium or any museum or museums of art,
23industry, science or natural or other history located within
24any public park or parks under the control of the Chicago Park

 

 

10200HB0417sam001- 20 -LRB102 09987 AMC 26803 a

1District, without submitting the question of issuing such
2bonds to the voters of the District.
3    Notwithstanding anything to the contrary in Section 20 of
4this Act, and in addition to any other amount of bonds
5authorized to be issued under this Act, the Chicago Park
6District is authorized to issue from time to time, before
7January 1, 2004, bonds of the district in the principal amount
8of $128,000,000 for the purpose of paying the cost of
9erecting, enlarging, ornamenting, building, rebuilding,
10rehabilitating, and improving any aquarium or any museum or
11museums of art, industry, science, or natural or other history
12located within any public park or parks under the control of
13the Chicago Park District, without submitting the question of
14issuing the bonds to the voters of the District.
15    Notwithstanding anything to the contrary in Section 20 of
16this Act, and in addition to any other amount of bonds
17authorized to be issued under this Act, the Chicago Park
18District is authorized to issue from time to time bonds of the
19district in the principal amount of $250,000,000 for the
20purpose of making contributions to the pension fund
21established under Article 12 of the Illinois Pension Code
22without submitting the question of issuing the bonds to the
23voters of the District; except that in any one year, the
24Chicago Park District may not issue bonds in excess of
25$75,000,000. Any bond issuances under this subsection are
26intended to decrease the unfunded liability of the pension

 

 

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1fund and shall not decrease the amount of the employer
2contributions required in any given year under Section 12-149
3of the Illinois Pension Code.
4    The bonds authorized under this Section shall be of such
5denomination or denominations, may be registerable as to
6principal only, and shall mature serially within a period of
7not to exceed 20 years or, for bonds issued after the effective
8date of this amendatory Act of the 93rd General Assembly,
9within a period of not to exceed 30 years, may be redeemable
10prior to maturity with or without premium at the option of the
11commissioners on such terms and conditions as the
12commissioners of the Chicago Park District shall fix by the
13ordinance authorizing the issuance of such bonds. The bonds
14shall bear interest at the rate of not to exceed that permitted
15in "An Act to authorize public corporations to issue bonds,
16other evidences of indebtedness and tax anticipation warrants
17subject to interest rate limitations set forth therein",
18approved May 26, 1970, as now or hereafter amended.
19    Such bonds shall be executed for and on behalf of the Park
20District by such officers as shall be specified in the bond
21ordinance, and one of such officers may be authorized to
22execute the bonds by his facsimile signature, which officer
23shall adopt as and for his official manual signature the
24facsimile signature as it appears upon the bonds.
25    The ordinance authorizing the issuance of the bonds shall
26provide for the levy and collection, in each of the years any

 

 

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1of such bonds shall be outstanding, a tax without limitation
2as to rate or amount and in addition to all other taxes upon
3all the taxable property within the corporate boundaries of
4the Chicago Park District, sufficient to pay the principal of
5and the interest upon such bonds as the same matures and
6becomes due.
7    A certified copy of the ordinance providing for the
8issuance of the bonds and the levying and collecting of the tax
9to pay the same shall be filed with the County Clerk of the
10county in which the Chicago Park District is located or with
11the respective County Clerks of each county in which the
12Chicago Park District is located. Such ordinance shall be
13irrevocable and upon receipt of the certified copy thereof the
14County Clerk or County Clerks, as the case may be, shall
15provide for, assess and extend the tax as therein provided
16upon all the taxable property located within the corporate
17boundaries of the Chicago Park District, in the same manner as
18other park taxes by law shall be provided for, assessed and
19extended, and such taxes shall be collected and paid out in the
20same manner as other park taxes by law shall be collected and
21paid.
22    The interest on any unexpended proceeds of bonds issued
23under this Section shall be credited to the Chicago Park
24District and shall be paid into the District's general
25corporate fund. The Chicago Park District may transfer such
26amount of interest from the general corporate fund to the

 

 

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1aquarium and museum bond fund.
2    The amount of the outstanding bonded indebtedness of the
3Chicago Park District issued under this Section shall not be
4included in the bonded indebtedness of the District in
5determining whether or not the District has exceeded its
6limitation of 1/2 of 1% of the assessed valuation of all
7taxable property in the District as last equalized and
8determined by the Department of Revenue for the issuance of
9any bonds authorized under the provisions of Section 20 of
10this Act without submitting the question to the legal voters
11for approval.
12(Source: P.A. 93-338, eff. 7-24-03.)
 
13    Section 15. The Illinois Pension Code is amended by
14changing Sections 1-160, 12-130, 12-133.1, 12-133.2, 12-140,
1512-149, and 12-150 as follows:
 
16    (40 ILCS 5/1-160)
17    Sec. 1-160. Provisions applicable to new hires.
18    (a) The provisions of this Section apply to a person who,
19on or after January 1, 2011, first becomes a member or a
20participant under any reciprocal retirement system or pension
21fund established under this Code, other than a retirement
22system or pension fund established under Article 2, 3, 4, 5, 6,
2315 or 18 of this Code, notwithstanding any other provision of
24this Code to the contrary, but do not apply to any self-managed

 

 

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1plan established under this Code, to any person with respect
2to service as a sheriff's law enforcement employee under
3Article 7, or to any participant of the retirement plan
4established under Section 22-101. Notwithstanding anything to
5the contrary in this Section, for purposes of this Section, a
6person who participated in a retirement system under Article
715 prior to January 1, 2011 shall be deemed a person who first
8became a member or participant prior to January 1, 2011 under
9any retirement system or pension fund subject to this Section.
10The changes made to this Section by Public Act 98-596 are a
11clarification of existing law and are intended to be
12retroactive to January 1, 2011 (the effective date of Public
13Act 96-889), notwithstanding the provisions of Section 1-103.1
14of this Code.
15    This Section does not apply to a person who first becomes a
16noncovered employee under Article 14 on or after the
17implementation date of the plan created under Section 1-161
18for that Article, unless that person elects under subsection
19(b) of Section 1-161 to instead receive the benefits provided
20under this Section and the applicable provisions of that
21Article.
22    This Section does not apply to a person who first becomes a
23member or participant under Article 16 on or after the
24implementation date of the plan created under Section 1-161
25for that Article, unless that person elects under subsection
26(b) of Section 1-161 to instead receive the benefits provided

 

 

10200HB0417sam001- 25 -LRB102 09987 AMC 26803 a

1under this Section and the applicable provisions of that
2Article.
3    This Section does not apply to a person who elects under
4subsection (c-5) of Section 1-161 to receive the benefits
5under Section 1-161.
6    This Section does not apply to a person who first becomes a
7member or participant of an affected pension fund on or after 6
8months after the resolution or ordinance date, as defined in
9Section 1-162, unless that person elects under subsection (c)
10of Section 1-162 to receive the benefits provided under this
11Section and the applicable provisions of the Article under
12which he or she is a member or participant.
13    (b) "Final average salary" means the average monthly (or
14annual) salary obtained by dividing the total salary or
15earnings calculated under the Article applicable to the member
16or participant during the 96 consecutive months (or 8
17consecutive years) of service within the last 120 months (or
1810 years) of service in which the total salary or earnings
19calculated under the applicable Article was the highest by the
20number of months (or years) of service in that period. For the
21purposes of a person who first becomes a member or participant
22of any retirement system or pension fund to which this Section
23applies on or after January 1, 2011, in this Code, "final
24average salary" shall be substituted for the following:
25        (1) In Article 7 (except for service as sheriff's law
26    enforcement employees), "final rate of earnings".

 

 

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1        (2) In Articles 8, 9, 10, 11, and 12, "highest average
2    annual salary for any 4 consecutive years within the last
3    10 years of service immediately preceding the date of
4    withdrawal".
5        (3) In Article 13, "average final salary".
6        (4) In Article 14, "final average compensation".
7        (5) In Article 17, "average salary".
8        (6) In Section 22-207, "wages or salary received by
9    him at the date of retirement or discharge".
10    (b-5) Beginning on January 1, 2011, for all purposes under
11this Code (including without limitation the calculation of
12benefits and employee contributions), the annual earnings,
13salary, or wages (based on the plan year) of a member or
14participant to whom this Section applies shall not exceed
15$106,800; however, that amount shall annually thereafter be
16increased by the lesser of (i) 3% of that amount, including all
17previous adjustments, or (ii) one-half the annual unadjusted
18percentage increase (but not less than zero) in the consumer
19price index-u for the 12 months ending with the September
20preceding each November 1, including all previous adjustments.
21    For the purposes of this Section, "consumer price index-u"
22means the index published by the Bureau of Labor Statistics of
23the United States Department of Labor that measures the
24average change in prices of goods and services purchased by
25all urban consumers, United States city average, all items,
261982-84 = 100. The new amount resulting from each annual

 

 

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1adjustment shall be determined by the Public Pension Division
2of the Department of Insurance and made available to the
3boards of the retirement systems and pension funds by November
41 of each year.
5    (c) A member or participant is entitled to a retirement
6annuity upon written application if he or she has attained age
767 (age 65, with respect to service under Article 12 that is
8subject to this Section, for a member or participant under
9Article 12 who first becomes a member or participant under
10Article 12 on or after January 1, 2022 or who makes the
11election under item (i) of subsection (d-15) of this Section)
12(beginning January 1, 2015, age 65 with respect to service
13under Article 12 of this Code that is subject to this Section)
14and has at least 10 years of service credit and is otherwise
15eligible under the requirements of the applicable Article.
16    A member or participant who has attained age 62 (age 60,
17with respect to service under Article 12 that is subject to
18this Section, for a member or participant under Article 12 who
19first becomes a member or participant under Article 12 on or
20after January 1, 2022 or who makes the election under item (i)
21of subsection (d-15) of this Section) (beginning January 1,
222015, age 60 with respect to service under Article 12 of this
23Code that is subject to this Section) and has at least 10 years
24of service credit and is otherwise eligible under the
25requirements of the applicable Article may elect to receive
26the lower retirement annuity provided in subsection (d) of

 

 

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1this Section.
2    (c-5) A person who first becomes a member or a participant
3subject to this Section on or after July 6, 2017 (the effective
4date of Public Act 100-23), notwithstanding any other
5provision of this Code to the contrary, is entitled to a
6retirement annuity under Article 8 or Article 11 upon written
7application if he or she has attained age 65 and has at least
810 years of service credit and is otherwise eligible under the
9requirements of Article 8 or Article 11 of this Code,
10whichever is applicable.
11    (d) The retirement annuity of a member or participant who
12is retiring after attaining age 62 (age 60, with respect to
13service under Article 12 that is subject to this Section, for a
14member or participant under Article 12 who first becomes a
15member or participant under Article 12 on or after January 1,
162022 or who makes the election under item (i) of subsection
17(d-15) of this Section) (beginning January 1, 2015, age 60
18with respect to service under Article 12 of this Code that is
19subject to this Section) with at least 10 years of service
20credit shall be reduced by one-half of 1% for each full month
21that the member's age is under age 67 (age 65, with respect to
22service under Article 12 that is subject to this Section, for a
23member or participant under Article 12 who first becomes a
24member or participant under Article 12 on or after January 1,
252022 or who makes the election under item (i) of subsection
26(d-15) of this Section) (beginning January 1, 2015, age 65

 

 

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1with respect to service under Article 12 of this Code that is
2subject to this Section).
3    (d-5) The retirement annuity payable under Article 8 or
4Article 11 to an eligible person subject to subsection (c-5)
5of this Section who is retiring at age 60 with at least 10
6years of service credit shall be reduced by one-half of 1% for
7each full month that the member's age is under age 65.
8    (d-10) Each person who first became a member or
9participant under Article 8 or Article 11 of this Code on or
10after January 1, 2011 and prior to the effective date of this
11amendatory Act of the 100th General Assembly shall make an
12irrevocable election either:
13        (i) to be eligible for the reduced retirement age
14    provided in subsections (c-5) and (d-5) of this Section,
15    the eligibility for which is conditioned upon the member
16    or participant agreeing to the increases in employee
17    contributions for age and service annuities provided in
18    subsection (a-5) of Section 8-174 of this Code (for
19    service under Article 8) or subsection (a-5) of Section
20    11-170 of this Code (for service under Article 11); or
21        (ii) to not agree to item (i) of this subsection
22    (d-10), in which case the member or participant shall
23    continue to be subject to the retirement age provisions in
24    subsections (c) and (d) of this Section and the employee
25    contributions for age and service annuity as provided in
26    subsection (a) of Section 8-174 of this Code (for service

 

 

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1    under Article 8) or subsection (a) of Section 11-170 of
2    this Code (for service under Article 11).
3    The election provided for in this subsection shall be made
4between October 1, 2017 and November 15, 2017. A person
5subject to this subsection who makes the required election
6shall remain bound by that election. A person subject to this
7subsection who fails for any reason to make the required
8election within the time specified in this subsection shall be
9deemed to have made the election under item (ii).
10    (d-15) Each person who first becomes a member or
11participant under Article 12 on or after January 1, 2011 and
12prior to January 1, 2022 shall make an irrevocable election
13either:
14        (i) to be eligible for the reduced retirement age
15    specified in subsections (c) and (d) of this Section, the
16    eligibility for which is conditioned upon the member or
17    participant agreeing to the increase in employee
18    contributions for service annuities specified in
19    subsection (b) of Section 12-150; or
20        (ii) to not agree to item (i) of this subsection
21    (d-15), in which case the member or participant shall not
22    be eligible for the reduced retirement age specified in
23    subsections (c) and (d) of this Section and shall not be
24    subject to the increase in employee contributions for
25    service annuities specified in subsection (b) of Section
26    12-150.

 

 

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1    The election provided for in this subsection shall be made
2between January 1, 2022 and April 1, 2022. A person subject to
3this subsection who makes the required election shall remain
4bound by that election. A person subject to this subsection
5who fails for any reason to make the required election within
6the time specified in this subsection shall be deemed to have
7made the election under item (ii).
8    (e) Any retirement annuity or supplemental annuity shall
9be subject to annual increases on the January 1 occurring
10either on or after the attainment of age 67 (age 65, with
11respect to service under Article 12 that is subject to this
12Section, for a member or participant under Article 12 who
13first becomes a member or participant under Article 12 on or
14after January 1, 2022 or who makes the election under item (i)
15of subsection (d-15); beginning January 1, 2015, age 65 with
16respect to service under Article 12 of this Code that is
17subject to this Section and beginning on the effective date of
18this amendatory Act of the 100th General Assembly, age 65 with
19respect to service under Article 8 or Article 11 for eligible
20persons who: (i) are subject to subsection (c-5) of this
21Section; or (ii) made the election under item (i) of
22subsection (d-10) of this Section) or the first anniversary of
23the annuity start date, whichever is later. Each annual
24increase shall be calculated at 3% or one-half the annual
25unadjusted percentage increase (but not less than zero) in the
26consumer price index-u for the 12 months ending with the

 

 

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1September preceding each November 1, whichever is less, of the
2originally granted retirement annuity. If the annual
3unadjusted percentage change in the consumer price index-u for
4the 12 months ending with the September preceding each
5November 1 is zero or there is a decrease, then the annuity
6shall not be increased.
7    For the purposes of Section 1-103.1 of this Code, the
8changes made to this Section by this amendatory Act of the
9102nd General Assembly are applicable without regard to
10whether the employee was in active service on or after the
11effective date of this amendatory Act of the 102nd General
12Assembly.
13    For the purposes of Section 1-103.1 of this Code, the
14changes made to this Section by this amendatory Act of the
15100th General Assembly are applicable without regard to
16whether the employee was in active service on or after the
17effective date of this amendatory Act of the 100th General
18Assembly.
19    (f) The initial survivor's or widow's annuity of an
20otherwise eligible survivor or widow of a retired member or
21participant who first became a member or participant on or
22after January 1, 2011 shall be in the amount of 66 2/3% of the
23retired member's or participant's retirement annuity at the
24date of death. In the case of the death of a member or
25participant who has not retired and who first became a member
26or participant on or after January 1, 2011, eligibility for a

 

 

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1survivor's or widow's annuity shall be determined by the
2applicable Article of this Code. The initial benefit shall be
366 2/3% of the earned annuity without a reduction due to age. A
4child's annuity of an otherwise eligible child shall be in the
5amount prescribed under each Article if applicable. Any
6survivor's or widow's annuity shall be increased (1) on each
7January 1 occurring on or after the commencement of the
8annuity if the deceased member died while receiving a
9retirement annuity or (2) in other cases, on each January 1
10occurring after the first anniversary of the commencement of
11the annuity. Each annual increase shall be calculated at 3% or
12one-half the annual unadjusted percentage increase (but not
13less than zero) in the consumer price index-u for the 12 months
14ending with the September preceding each November 1, whichever
15is less, of the originally granted survivor's annuity. If the
16annual unadjusted percentage change in the consumer price
17index-u for the 12 months ending with the September preceding
18each November 1 is zero or there is a decrease, then the
19annuity shall not be increased.
20    (g) The benefits in Section 14-110 apply only if the
21person is a State policeman, a fire fighter in the fire
22protection service of a department, a conservation police
23officer, an investigator for the Secretary of State, an arson
24investigator, a Commerce Commission police officer,
25investigator for the Department of Revenue or the Illinois
26Gaming Board, a security employee of the Department of

 

 

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1Corrections or the Department of Juvenile Justice, or a
2security employee of the Department of Innovation and
3Technology, as those terms are defined in subsection (b) and
4subsection (c) of Section 14-110. A person who meets the
5requirements of this Section is entitled to an annuity
6calculated under the provisions of Section 14-110, in lieu of
7the regular or minimum retirement annuity, only if the person
8has withdrawn from service with not less than 20 years of
9eligible creditable service and has attained age 60,
10regardless of whether the attainment of age 60 occurs while
11the person is still in service.
12    (h) If a person who first becomes a member or a participant
13of a retirement system or pension fund subject to this Section
14on or after January 1, 2011 is receiving a retirement annuity
15or retirement pension under that system or fund and becomes a
16member or participant under any other system or fund created
17by this Code and is employed on a full-time basis, except for
18those members or participants exempted from the provisions of
19this Section under subsection (a) of this Section, then the
20person's retirement annuity or retirement pension under that
21system or fund shall be suspended during that employment. Upon
22termination of that employment, the person's retirement
23annuity or retirement pension payments shall resume and be
24recalculated if recalculation is provided for under the
25applicable Article of this Code.
26    If a person who first becomes a member of a retirement

 

 

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1system or pension fund subject to this Section on or after
2January 1, 2012 and is receiving a retirement annuity or
3retirement pension under that system or fund and accepts on a
4contractual basis a position to provide services to a
5governmental entity from which he or she has retired, then
6that person's annuity or retirement pension earned as an
7active employee of the employer shall be suspended during that
8contractual service. A person receiving an annuity or
9retirement pension under this Code shall notify the pension
10fund or retirement system from which he or she is receiving an
11annuity or retirement pension, as well as his or her
12contractual employer, of his or her retirement status before
13accepting contractual employment. A person who fails to submit
14such notification shall be guilty of a Class A misdemeanor and
15required to pay a fine of $1,000. Upon termination of that
16contractual employment, the person's retirement annuity or
17retirement pension payments shall resume and, if appropriate,
18be recalculated under the applicable provisions of this Code.
19    (i) (Blank).
20    (j) In the case of a conflict between the provisions of
21this Section and any other provision of this Code, the
22provisions of this Section shall control.
23(Source: P.A. 100-23, eff. 7-6-17; 100-201, eff. 8-18-17;
24100-563, eff. 12-8-17; 100-611, eff. 7-20-18; 100-1166, eff.
251-4-19; 101-610, eff. 1-1-20.)
 

 

 

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1    (40 ILCS 5/12-130)  (from Ch. 108 1/2, par. 12-130)
2    Sec. 12-130. Retirement prior to age 60. An employee
3withdrawing prior to January 1, 1990 with at least 10 years of
4service and before attainment of age 55 shall be entitled at
5his option to a retirement annuity beginning at age 55.
6    An employee withdrawing prior to January 1, 1990 with at
7least 10 years of service upon or after attainment of age 55,
8and before age 60, shall be entitled to a retirement annuity
9beginning at any time thereafter.
10    An employee who withdraws on or after January 1, 1990 and
11has attained age 45 before January 1, 2015 with at least 10
12years of service and prior to age 60 shall be entitled, at his
13option, to a retirement annuity beginning at any time after
14withdrawal or attainment of age 50, whichever occurs later. An
15employee who has not attained age 45 before January 1, 2015 and
16withdraws on or after that date with at least 10 years of
17service and prior to age 60 shall be entitled, at his option,
18to a retirement annuity beginning at any time after withdrawal
19or attainment of age 58, whichever occurs later.
20    Notwithstanding Section 1-103.1, the changes to this
21Section made by this amendatory Act of the 98th General
22Assembly apply regardless of whether the employee was in
23active service on or after the effective date of this
24amendatory Act, but do not apply to a person whose service
25under this Article is subject to Section 1-160.
26    Any employee upon withdrawal after at least 15 years of

 

 

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1service, upon or after attainment of age 50, and before
2attainment of age 55, who received ordinary disability benefit
3for the maximum period of time provided herein, and who
4continues to be disabled, shall be entitled to a retirement
5annuity.
6    The amount of retirement annuity for any employee who
7entered service prior to July 1, 1971 shall be provided from
8the total of the accumulations as stated in this Section, at
9the employee's attained age on the date of retirement:
10        (a) the accumulation from employee contributions for
11    service annuity on the date of withdrawal, improved by
12    regular interest from the date the employee withdraws to
13    the date he enters upon annuity;
14        (b) 1/10 of the accumulation, on the date of
15    withdrawal, from employer contributions for service
16    annuity, for each complete year of service above 10 years
17    up to 100% of such accumulation, improved by regular
18    interest from the date the employee withdraws to the date
19    he enters upon annuity.
20(Source: P.A. 86-272; 86-1028.)
 
21    (40 ILCS 5/12-133.1)  (from Ch. 108 1/2, par. 12-133.1)
22    Sec. 12-133.1. Annual increase in basic retirement
23annuity.
24    (a) Any employee upon withdrawal from service on or after
25July 1, 1965, and retiring on a retirement annuity, shall be

 

 

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1entitled to an annual increase in his basic retirement annuity
2as defined herein while he is in receipt of such annuity.
3    The term "basic retirement annuity" shall mean the
4retirement annuity of the amount fixed and payable at date of
5retirement of the employee.
6    (b) The annual increase in annuity shall be 1 1/2% of the
7basic retirement annuity. The increase shall first occur in
8the month of January or the month of July, whichever first
9occurs next following or coincidental with the first
10anniversary of retirement. Effective January 1, 1972, the
11annual rate of increase in annuity thereafter shall be 2% of
12the basic retirement annuity, provided that beginning as of
13January 1, 1976, the annual rate of increase shall be 3% of the
14basic retirement annuity.
15    (b-1) Notwithstanding subsection (b), all automatic annual
16increases payable under this Section on or after January 1,
172015 shall be calculated at 3% or one-half the annual
18unadjusted percentage increase (but not less than 0) in the
19Consumer Price Index-U for the 12 months ending with the
20September preceding each November 1, whichever is less, of the
21originally granted retirement annuity.
22    For the purposes of this Article, "Consumer Price Index-U"
23means the index published by the Bureau of Labor Statistics of
24the United States Department of Labor that measures the
25average change in prices of goods and services purchased by
26all urban consumers, United States city average, all items,

 

 

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11982-84 = 100. The new amount resulting from each annual
2adjustment shall be determined by the Public Pension Division
3of the Department of Insurance.
4    Notwithstanding Section 1-103.1, this subsection (b-1) is
5applicable without regard to whether the employee was in
6active service on or after the effective date of this
7amendatory Act of the 98th General Assembly. This subsection
8(b-1) is also applicable to any former employee who on or after
9the effective date of this amendatory Act of the 98th General
10Assembly is receiving a retirement annuity pursuant to the
11provisions of this Section.
12    (b-2) Notwithstanding any other provision of this Article,
13no automatic annual increase in retirement annuity payable
14under this Section shall be granted to any person by the Fund
15in 2015, 2017, and 2019 under this Article or under Section
161-160 of this Code as it applies to this Article. In the years
172016, 2018, 2020, and thereafter, the Fund shall continue to
18pay amounts accruing from automatic annual increases in the
19manner provided by this Code.
20    Notwithstanding Section 1-103.1, this subsection (b-2) is
21applicable without regard to whether the employee was in
22active service on or after the effective date of this
23amendatory Act of the 98th General Assembly. This subsection
24(b-2) is also applicable to any former employee who on or after
25the effective date of this amendatory Act of the 98th General
26Assembly is receiving a retirement annuity pursuant to the

 

 

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1provisions of this Article.
2    (c) For an employee who retires with less than 30 years of
3service, the increase in the basic retirement annuity shall
4begin not earlier than in the month of January or the month of
5July, whichever occurs first, following or coincidental with
6the employee's attainment of age 60.
7    For Subject to the provisions of subsection (b-2), for an
8employee who retires with at least 30 years of service, the
9annual increase under this Section shall begin in the month of
10January or the month of July, whichever first occurs next
11following or coincidental with the later of (1) the first
12anniversary of retirement or (2) July 1, 1998, without regard
13to the attainment of age 60 and without regard to whether or
14not the employee was in service on or after the effective date
15of this amendatory Act of 1998.
16    (d) The increase in the basic retirement annuity shall not
17be applicable unless the employee otherwise qualified has made
18contributions to the fund as provided herein for an equivalent
19period of one full year. If such contributions were not made,
20the employee may make the required payment to the fund at the
21time of retirement, in a single sum, without interest.
22    (e) The additional contributions by an employee towards
23the annual increase in basic retirement annuity shall not be
24refundable, except to an employee who withdraws and applies
25for a refund under this Article, or dies while in service, and
26also in cases where a temporary annuity becomes payable. In

 

 

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1such cases his contributions shall be refunded without
2interest.
3(Source: P.A. 90-766, eff. 8-14-98.)
 
4    (40 ILCS 5/12-133.2)  (from Ch. 108 1/2, par. 12-133.2)
5    Sec. 12-133.2. Increases to employee annuitants. The
6provisions of subsections (b-1) and (b-2) of Section 12-133.1
7also apply to the benefits provided under this Section.
8    Employees who retired on service retirement annuity prior
9to July 1, 1965 who were at least 55 years of age at date of
10retirement and had at least 20 years of credited service, who
11shall have attained age 65, and any employee retired on or
12after such date who meets such qualifying conditions and who
13is not eligible for an annual increase in basic retirement
14annuity otherwise provided in this Article, shall be entitled
15to receive benefits under this Section.
16    These benefits shall be in an amount equal to 1 1/2% of the
17service retirement annuity multiplied by the number of full
18years that the annuitant was in receipt of such annuity. This
19payment shall begin in January of 1970, and an additional 1
201/2% based upon the original grant of annuity shall be added in
21January of each year thereafter. Beginning January 1, 1972,
22the annual rate of increase in annuity shall be 2% of the
23original grant of annuity and shall also apply thereafter to
24any person who shall have had at least 15 years of credited
25service and less than 20 years on the same basis as was

 

 

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1applicable to persons retired with 20 or more years of
2service; provided that beginning January 1, 1976, the annual
3rate of increase in retirement annuity shall be 3% of the basic
4retirement annuity.
5    An employee annuitant who otherwise qualifies for the
6aforesaid benefit shall make a one-time contribution of 1% of
7the final monthly average salary multiplied by the number of
8completed years of service forming the basis of his service
9retirement annuity, provided that if the annuity was computed
10on any other basis, the contribution shall be 1% of the rate of
11monthly salary in effect on the date of retirement multiplied
12by the number of completed years of service forming the basis
13of his service retirement annuity.
14(Source: P.A. 87-1265.)
 
15    (40 ILCS 5/12-140)  (from Ch. 108 1/2, par. 12-140)
16    Sec. 12-140. Duty disability benefit. An employee who
17becomes disabled as the direct result of injury incurred in
18the performance of an act of duty and cannot perform the duties
19of the regularly assigned position, is entitled to receive,
20while so disabled, a benefit of 75% of the salary at the date
21when such duty disability benefits commence, subject to the
22conditions hereinafter stated, except that beginning January
231, 2015, such duty disability benefits shall be reduced to 74%
24of that salary; beginning January 1, 2017, such duty
25disability benefits shall be reduced to 73% of that salary;

 

 

10200HB0417sam001- 43 -LRB102 09987 AMC 26803 a

1and beginning January 1, 2019, such duty disability benefits
2shall be reduced to 72% of that salary.
3    In the event an employee returns to service from any duty
4disability and renders actual employment in pay status
5performing the duties of the regularly assigned position for
6at least 60 days, and again becomes disabled, whether due to
7the previous disability or a new disability, the salary to be
8used in the computation of the benefit shall be the salary in
9effect at the date of the last day of service prior to the
10latest disability.
11    The employee shall also receive a further benefit of $20
12per month on account of each eligible minor child as
13prescribed in Section 12-137, but the combined benefit to
14employee and children shall not exceed the annual salary at
15the date of such disability less the sums that would be
16deducted from his salary for service annuity and spouse's
17service annuity.
18    The benefit prescribed herein shall be payable during
19disability until the employee attains age 65, if disability is
20incurred before age 60, or for a period of 5 years if
21disability is incurred at age 60 or older. If the disability is
22incurred after age 65, this 5 year period may be reduced if
23such reduction can be justified on the basis of actuarial cost
24data approved by the board upon the recommendation of the
25actuary. At such time if the employee remains disabled the
26employee may retire on a retirement annuity.

 

 

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1    If an employee dies as the direct result of injury
2incurred in the performance of an act of duty, or if death
3results from any cause which is compensable under the Workers'
4Occupational Diseases Act, a surviving spouse shall be
5entitled to a benefit (subject to the modifications stated in
6Section 12-141) of 50% of the employee's salary as it was at
7the date of injury resulting in death, until the date when the
8employee would have attained age 65, if injury was incurred
9under age 60, or for a period of 5 years if disability is
10incurred at age 60 or older. After such date, the spouse shall
11be entitled to receive the reversionary annuity that would
12have been fixed had the employee continued in service at the
13rate of salary received at the date of his injury resulting in
14death, until the employee attained age 65 or as stated herein
15and had then retired.
16    If a spouse remarries while under age 55 while in receipt
17of a benefit under this section, the benefit shall terminate.
18Such termination shall be final and shall not be affected by
19any change thereafter in his or her marital status.
20    Notwithstanding Section 1-103.1, the changes to this
21Section made by this amendatory Act of the 98th General
22Assembly apply to duty disability benefits payable on or after
23January 1, 2015, regardless of whether the recipient is deemed
24to be in service on or after the effective date of this
25amendatory Act.
26(Source: P.A. 86-272.)
 

 

 

10200HB0417sam001- 45 -LRB102 09987 AMC 26803 a

1    (40 ILCS 5/12-149)   (from Ch. 108 1/2, par. 12-149)
2    Sec. 12-149. Financing.
3    (a) (a) The board of park commissioners of any such park
4district shall annually levy a tax (in addition to the taxes
5now authorized by law) upon all taxable property embraced in
6the district, at the rate which, when added to the employee
7contributions under this Article and applied to the fund
8created hereunder, shall be sufficient to provide for the
9purposes of this Article in accordance with the provisions
10thereof. Such tax shall be levied and collected with and in
11like manner as the general taxes of such district, and shall
12not in any event be included within any limitations of rate for
13general park purposes as now or hereafter provided by law, but
14shall be excluded therefrom and be in addition thereto.
15    The amount of such annual tax to and including the year
161977 shall not exceed .0275% of the value, as equalized or
17assessed by the Department of Revenue, of all taxable property
18embraced within the park district, provided that for the year
191978, and for each year thereafter, the amount of such annual
20tax shall be at a rate on the dollar of assessed valuation of
21all taxable property that will produce, when extended, for the
22year 1978 the following sum: 0.825 times the amount of
23employee contributions during the fiscal year 1976; for the
24year 1979, 0.85 times the amount of employee contributions
25during the fiscal year 1977; for the year 1980, 0.90 times the

 

 

10200HB0417sam001- 46 -LRB102 09987 AMC 26803 a

1amount of employee contributions during the fiscal year 1978;
2for the year 1981, 0.95 times the amount of employee
3contributions during the fiscal year 1979; for the year 1982,
41.00 times the amount of employee contributions during the
5fiscal year 1980; for the year 1983, 1.05 times the amount of
6contributions made on behalf of employees during the fiscal
7year 1981; and for the year 1984 and each year thereafter
8through the year 2019 2013, an amount equal to 1.10 times the
9employee contributions during the fiscal year 2-years prior to
10the year for which the applicable tax is levied. Beginning in
11levy year 2020, and in each year thereafter, the levy shall not
12exceed the amount of the Park District's total required
13contribution to the Fund for the next payment year, as
14determined under this subsection. Beginning payment year 2021,
15the Park District's required annual contribution shall be as
16follows: For the year 2014, this calculation shall be 1.10
17times the amount of employee contributions during the 12-month
18fiscal year ending June 30, 2012; and for the year 2015, this
19calculation shall be 1.70 times the amount of employee
20contributions during the 12-month fiscal year ending December
2131, 2013. For the year 2016, this calculation shall be an
22amount equal to 1.70 times; for the years 2017 and 2018, this
23calculation shall be an amount equal to 2.30 times; and for the
24year 2019 and each year thereafter, until the Fund attains a
25funded ratio of at least 90% with the funded ratio being the
26ratio of the actuarial value of assets to the total actuarial

 

 

10200HB0417sam001- 47 -LRB102 09987 AMC 26803 a

1liability, this calculation shall be an amount equal to 2.90
2times the employee contributions during the fiscal year 2
3years prior to the year for which the applicable tax is levied.
4Beginning in the fiscal year in which the Fund attains a
5funding ratio of at least 90%, the contribution shall be the
6lesser of (1) 2.90 times the employee contributions during the
7fiscal year 2 years prior to the year for which the applicable
8tax is levied, or (2) the amount needed to maintain a funded
9ratio of 90%.
10    For payment year 2021, the Park District's required annual
11contribution to the Fund shall be one-fourth of the amount, as
12determined by an actuary retained by the Fund, equal to the sum
13of (i) the Park District's portion of the projected normal
14cost for that fiscal year, plus (ii) an amount determined by an
15actuary retained by the Fund, using a 35-year period starting
16on December 31, 2020 with the entry age normal actuarial cost
17method, that is sufficient to bring the total actuarial assets
18of the Fund up to 100% of the total actuarial accrued
19liabilities of the Fund by the end of 2055.
20    For payment year 2022, the Park District's required annual
21contribution to the Fund shall be one-half of the amount, as
22determined by an actuary retained by the Fund, equal to the sum
23of (i) the Park District's portion of the projected normal
24cost for that fiscal year, plus (ii) an amount determined by an
25actuary retained by the Fund, using a 35-year period starting
26on December 31, 2021 with the entry age normal actuarial cost

 

 

10200HB0417sam001- 48 -LRB102 09987 AMC 26803 a

1method, that is sufficient to bring the total actuarial assets
2of the Fund up to 100% of the total actuarial accrued
3liabilities of the Fund by the end of 2056.
4    For payment year 2023, the Park District's required annual
5contribution to the Fund shall be three-fourths of the amount,
6as determined by an actuary retained by the Fund, equal to the
7sum of (i) the Park District's portion of the projected normal
8cost for that fiscal year, plus (ii) an amount determined by an
9actuary retained by the Fund, using a 35-year period starting
10on December 31, 2022 with the entry age normal actuarial cost
11method, that is sufficient to bring the total actuarial assets
12of the Fund up to 100% of the total actuarial accrued
13liabilities of the Fund by the end of 2057.
14    For payment years 2024 through 2058, the Park District's
15required annual contribution to the Fund shall be the amount,
16as determined by an actuary retained by the Fund, equal to the
17sum of (i) the Park District's portion of the projected normal
18cost for that fiscal year, plus (ii) an amount determined by an
19actuary retained by the Fund, using a 35-year period starting
20on December 31, 2023 with the entry age normal actuarial cost
21method, that is sufficient to bring the total actuarial assets
22of the Fund up to 100% of the total actuarial accrued
23liabilities of the Fund by the end of 2058.
24    For payment year 2059 and each year thereafter, the Park
25District's required annual contribution to the Fund shall be
26the amount, as determined by an actuary retained by the Fund,

 

 

10200HB0417sam001- 49 -LRB102 09987 AMC 26803 a

1if any, needed to bring the total actuarial assets of the Fund
2up to 100% of the total actuarial accrued liabilities of the
3Fund, using the entry age normal actuarial cost method, as of
4the end of the year.
5    In making determinations under this subsection, any
6actuarial gains or losses from investment returns that differ
7from the expected investment returns incurred in a fiscal year
8shall be recognized in equal annual amounts over the 5-year
9period following the fiscal year.
10    As used in this Section, "payment year" means the year
11immediately following the levy year.
12    (b) In addition to the contributions required under the
13other provisions of this Article, no later than November 1,
142021 the employer shall contribute $40,000,000 to the Fund.
15The additional employer contributions required under this
16subsection (b) are intended to decrease the unfunded liability
17of the Fund and shall not decrease the amount of the employer
18contributions required under the other provisions of this
19Article. The additional employer contributions made under this
20subsection (b) may be used by the Fund for any of its lawful
21purposes. In addition to the contributions required under the
22other provisions of this Article, by November 1 of the
23following specified years, the employer shall contribute to
24the Fund the following specified amounts: $12,500,000 in 2015;
25$12,500,000 in 2016; and $50,000,000 in 2019. The additional
26employer contributions required under this subsection (a) are

 

 

10200HB0417sam001- 50 -LRB102 09987 AMC 26803 a

1intended to decrease the unfunded liability of the Fund and
2shall not decrease the amount of the employer contributions
3required under the other provisions of this Article. The
4additional employer contributions made under this subsection
5(a) may be used by the Fund for any of its lawful purposes.
6    (c) (b) As used in this Section, the term "employee
7contributions" means contributions by employees for retirement
8annuity, spouse's annuity, automatic increase in retirement
9annuity, and death benefit.
10    In making required contributions under this Section, the
11employer may, in lieu of levying all or a portion of the tax
12required under this Section, deposit an amount not less than
13the required amount of employer contributions derived from any
14source legally available for that purpose. In making required
15contributions under this Section, the employer may, in lieu of
16levying all or a portion of the tax required under this
17Section, deposit an amount not less than the required amount
18of employer contributions derived from any source legally
19available for that purpose.
20    (d) (c) In respect to park district employees, other than
21policemen, who are transferred to the employment of a city by
22virtue of the "Exchange of Functions Act of 1957", the
23corporate authorities of the city shall annually levy a tax
24upon all taxable property embraced in the city, as equalized
25or assessed by the Department of Revenue, at such rate per cent
26of the value of such property as shall be sufficient, when

 

 

10200HB0417sam001- 51 -LRB102 09987 AMC 26803 a

1added to the amounts deducted from the salary or wages of such
2employees, to provide the benefits to which such employees,
3their dependents and beneficiaries are entitled under the
4provisions of this Article. The park district shall not levy a
5tax hereunder in respect to such employees. The tax levied by
6the city under authority of this Article shall be in addition
7to and exclusive of all other taxes authorized by law to be
8levied by the city for corporate, annuity fund or other
9purposes.
10    (e) (d) All moneys accruing from the levy and collection
11of taxes, pursuant to this section, shall be remitted to the
12board by the employers as soon as they are received. Where a
13city has levied a tax pursuant to this Section in respect to
14park district employees transferred to the employment of a
15city, the treasurer of such city or other authorized officer
16shall remit the moneys accruing from the levy and collection
17of such tax as soon as they are received. Such remittances
18shall be made upon a pro rata share basis, whereby each
19employer shall pay to the board such employer's proportionate
20percentage of each payment of taxes received by it, according
21to the ratio which its tax levy for this fund bears to the
22total tax levy of such employer.
23    (f) (e) Should any board of park commissioners included
24under the provisions of this Article be without authority to
25levy the tax provided in this Section the corporation
26authorities (meaning the supervisor, clerk and assessor) of

 

 

10200HB0417sam001- 52 -LRB102 09987 AMC 26803 a

1the town or towns for which such board shall be the board of
2park commissioners shall levy such tax.
3    (g) (f) Employer contributions to the Fund may be reduced
4by $5,000,000 for calendar years 2004 and 2005.
5(Source: P.A. 97-973, eff. 8-16-12.)
 
6    (40 ILCS 5/12-150)  (from Ch. 108 1/2, par. 12-150)
7    Sec. 12-150. Contributions by employees for service
8annuity.
9    (a) From each payment of salary to a present employee
10beginning August 4, 1961, and prior to September 1, 1971,
11there shall be deducted as contributions for service annuity
126% of such payment. Beginning September 1, 1971, the deduction
13shall be 6 1/2% of salary. Beginning January 1, 2015, the
14deduction shall be 8% of salary. Beginning January 1, 2017,
15the deduction shall be 9% of salary. Beginning January 1,
162019, the deduction shall be 10% of salary. These
17contributions shall continue until the amounts thus deducted
18will provide an accumulation, at regular interest, at least
19equal to the amount that would be provided on such date from
20employee contributions, assuming regular interest to such
21date, if such employee had been contributing in accordance
22with the provisions of "The 1919 Act" and this Article from the
23beginning of his service and the salary of the employee during
24his prior service was the same as it was on July 1, 1919, or on
25July 1, 1937 in the case of an employee of the board.

 

 

10200HB0417sam001- 53 -LRB102 09987 AMC 26803 a

1    (b) From each payment of salary to a future entrant
2beginning August 4, 1961, and prior to September 1, 1971,
3there shall be deducted as contributions for service annuity
46% of such payment. Beginning September 1, 1971, the deduction
5shall be 6 1/2% of salary. Beginning January 1, 1990, the
6deduction shall be 7% of salary, except that the deduction
7shall be 9% of salary for a person who first becomes an
8employee on or after January 1, 2022 or who makes the election
9under item (i) of subsection (d-15) of Section 1-160.
10Beginning January 1, 2015, the deduction shall be 8% of
11salary. Beginning January 1, 2017, the deduction shall be 9%
12of salary. Beginning January 1, 2019, the deduction shall be
1310% of salary. Beginning with the first pay period on or after
14the date when the funded ratio of the Fund is first determined
15to have reached the 90% funding goal, and each pay period
16thereafter for as long as the Fund maintains a funding ratio of
1790% or more, employee contributions shall be 8.5% of salary
18for the service annuity. If the funding ratio falls below 90%,
19then employee contributions for the service annuity shall
20revert to 10% of salary until such time as the Fund once again
21is determined to have reached the 90% funding goal, at which
22time the 8.5% of salary employee contribution for the service
23annuity shall resume.
24    (c) For service rendered prior to August 4, 1961, the
25rates of contribution by employees for service annuity shall
26be as follows: July 1, 1919 to July 20, 1947, inclusive, 4% of

 

 

10200HB0417sam001- 54 -LRB102 09987 AMC 26803 a

1salary; July 21, 1947 to August 3, 1961, inclusive, 5% of
2salary.
3    For the period from July 1, 1919, to August 4, 1961 such
4deductions for a present employee shall continue until such
5date as the amounts deducted will provide an accumulation at
6least equal to that which would be provided on such date,
7assuming regular interest to such date, from deductions from
8salary of such employee if such employee had been under the
9provisions of "The 1919 Act" and this Article from the
10beginning of his service and the salary of such employee
11during his period of prior service was the same as it was on
12July 1, 1919 or on July 1, 1937 in the case of an employee of
13the board.
14    (d) Any employee shall have the option to contribute for
15service annuity an amount, together with regular interest,
16equal to the difference between the amount he had accumulated
17in the fund on June 30, 1947, from contributions at the rate of
184% of salary, together with regular interest, and the amount
19he would have accumulated, together with regular interest, if
20he had made contributions at the rate of 5% of salary. All such
21contributions shall be subject to salary limitations and other
22conditions in effect prior to July 1, 1947. Upon making such
23contribution the employer of such employee shall contribute in
24the ratio of 2 to 1 with such employee.
25(Source: P.A. 86-272.)
 

 

 

10200HB0417sam001- 55 -LRB102 09987 AMC 26803 a

1    Section 20. (a) Public Act 98-622 added Section 12-195 to
2the Illinois Pension Code. Section 97 of Public Act 98-622
3provided:
4        The changes made by this amendatory Act are
5    inseverable, except that Section 12-195 of the Illinois
6    Pension Code is severable under Section 1.31 of the
7    Statute on Statutes.
8    (b) On March 1, 2018, the Circuit Court of Cook County
9entered a Memorandum and Order in David Biedron, et al. v. Park
10Employees' and Retirement Board Employees' Annuity and Benefit
11Fund, et al., case number 15 CH 14869. The Memorandum and
12Order, inter alia, held:
13        The legislative history of Public Act 098-0622 is
14    clear that its purpose was to establish a comprehensive
15    scheme to reform the Fund and enable it to achieve
16    long-term financial stability. (District's MSJ. Ex, B). It
17    is clear from the Act itself and the legislative history
18    that the provisions of the Act were intended to work
19    together to achieve this purpose. Section 12-195, the sole
20    remaining provision of the Act, cannot by itself
21    accomplish the General Assembly's purpose in enacting
22    Public Act 098-0622. The invalidation of every provision
23    of the Act except §12-195 severely undercuts the General
24    Assembly's purpose in enacting Public Act 098-0622 and,
25    therefore, §12-195 is also inseverable.
26        Based on Public Act 098-0622's severability provision

 

 

10200HB0417sam001- 56 -LRB102 09987 AMC 26803 a

1    and Illinois case law, the unchallenged sections of Public
2    Act 098-0622 are not severable and the entire Act must be
3    declared void. Plaintiffs are entitled to a declaration
4    that Public Act 098-0622 is unconstitutional and
5    unenforceable in its entirety under the Pension Clause.
6    An Agreed Order was entered in that case on January 8, 2019
7to resolve certain matters.
8    (c) The purpose of the reenactment of Section 12-195 of
9the Illinois Pension Code in Section 20 of this Act is to
10remove any question as to the validity or content of Section
1112-195 of the Illinois Pension Code. This Act is not intended
12to supersede any other Public Act that amends the text of
13Section 12-195 of the Illinois Pension Code.
 
14    Section 25. Section 12-195 of the Illinois Pension Code is
15reenacted as follows:
 
16    (40 ILCS 5/12-195)
17    Sec. 12-195. Application and expiration of new benefit
18increases.
19    (a) As used in this Section, "new benefit increase" means
20an increase in the amount of any benefit provided under this
21Article, or an expansion of the conditions of eligibility for
22any benefit under this Article, that results from an amendment
23to this Code that takes effect after the effective date of this
24amendatory Act of the 98th General Assembly.

 

 

10200HB0417sam001- 57 -LRB102 09987 AMC 26803 a

1    (b) Notwithstanding any other provision of this Code or
2any subsequent amendment to this Code, every new benefit
3increase is subject to this Section and shall be deemed to be
4granted only in conformance with and contingent upon
5compliance with the provisions of this Section.
6    (c) The Public Act enacting a new benefit increase must
7identify and provide for payment to the Fund of additional
8funding at least sufficient to fund the resulting annual
9increase in cost to the Fund as it accrues.
10    Every new benefit increase is contingent upon the General
11Assembly providing the additional funding required under this
12subsection (c). The State Actuary shall analyze whether
13adequate additional funding has been provided for the new
14benefit increase. A new benefit increase created by a Public
15Act that does not include the additional funding required
16under this subsection (c) is null and void. If the State
17Actuary determines that the additional funding provided for a
18new benefit increase under this subsection (c) is or has
19become inadequate, it may so certify to the Governor and the
20State Comptroller and, in the absence of corrective action by
21the General Assembly, the new benefit increase shall expire at
22the end of the fiscal year in which the certification is made.
23(Source: P.A. 98-622, eff. 6-1-14.)
 
24    (40 ILCS 5/12-150.5 rep.)
25    (40 ILCS 5/12-155.5 rep.)

 

 

10200HB0417sam001- 58 -LRB102 09987 AMC 26803 a

1    Section 30. The Illinois Pension Code is amended by
2repealing Sections 12-150.5 and 12-155.5.
 
3    Section 90. The State Mandates Act is amended by adding
4Section 8.45 as follows:
 
5    (30 ILCS 805/8.45 new)
6    Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and
78 of this Act, no reimbursement by the State is required for
8the implementation of any mandate created by this amendatory
9Act of the 102nd General Assembly.
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.".