Full Text of SB1583 97th General Assembly
SB1583 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1583 Introduced 2/9/2011, by Sen. Mike Jacobs SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/9-169 | from Ch. 108 1/2, par. 9-169 |
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Amends the Cook County Article of the Illinois Pension Code. Deletes a prohibition on the use of county funds, other than those funds raised by the tax levied by the county under that Article, in order to make the required contribution by the county. Provides that, in lieu of levying all or a portion of the required tax in any year, the county may deposit with the county treasurer no later than March 1 of that year for the benefit of the Cook County Employees' and Officers' Annuity and Benefit Fund an amount that, together with the levied tax for that year, is not less than the amount of the county's contribution for that year, as certified to the county board by the Board of Trustees of the Cook County Employees' and Officers' Annuity and Benefit Fund. Authorizes the deposit to be derived from any source legally available for that purpose, including, but not limited to, the proceeds of county borrowings. Provides that such a deposit shall, to the extent of the amounts so deposited, satisfy the requirement to levy a tax for that year. Limits the concurrent exercise of home rule powers. Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | HOME RULE NOTE ACT MAY APPLY | HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY | | PENSION IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning public employee benefits.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Pension Code is amended by changing | 5 | | Section 9-169 as follows:
| 6 | | (40 ILCS 5/9-169) (from Ch. 108 1/2, par. 9-169)
| 7 | | Sec. 9-169. Financing - Tax levy. | 8 | | (a) The county board shall levy a
tax annually upon all | 9 | | taxable property in the county at the rate that
will produce a | 10 | | sum which, when added to the amounts deducted from the salaries
| 11 | | of the employees or otherwise contributed by them is sufficient
| 12 | | for the requirements of this Article.
| 13 | | For the years before 1962 the tax rate shall be as provided | 14 | | in "The
1925 Act". For the years 1962 and 1963 the tax rate | 15 | | shall be not more
than .0200 per cent; for the years 1964 and | 16 | | 1965 the tax rate shall be
not more than .0202 per cent; for | 17 | | the years 1966 and 1967 the tax rate
shall be not more than | 18 | | .0207 per cent; for the year 1968 the tax rate
shall be not | 19 | | more than .0220 per cent; for the year 1969 the tax rate
shall | 20 | | be not more than .0233 per cent; for the year 1970 the tax rate
| 21 | | shall be not more than .0255 per cent; for the year 1971 the | 22 | | tax rate
shall be not more than .0268 per cent of the value, as | 23 | | equalized or
assessed by the Department of Revenue upon all |
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| 1 | | taxable
property in the county. Beginning with the year 1972 | 2 | | and for each year
thereafter the county shall levy a tax | 3 | | annually at a rate on the dollar
of the value, as equalized or | 4 | | assessed by the Department of Revenue
of all taxable property | 5 | | within the county that will
produce, when extended, not to | 6 | | exceed an amount equal to the total
amount of contributions | 7 | | made by the employees to the
fund in the calendar year 2 years | 8 | | prior to the year for which the annual
applicable tax is levied | 9 | | multiplied by .8 for the years 1972 through
1976; by .8 for the | 10 | | year 1977; by .87 for the year 1978; by .94 for the
year 1979; | 11 | | by 1.02 for the year 1980 and by 1.10 for the year 1981 and
by | 12 | | 1.18 for the year 1982 and by 1.36 for the year 1983 and by 1.54 | 13 | | for
the year 1984 and for each year thereafter.
| 14 | | This tax shall be levied and collected in like manner with | 15 | | the
general taxes of the county, and shall be in addition to | 16 | | all other taxes
which the county is authorized to levy upon the | 17 | | aggregate valuation of
all taxable property within the county | 18 | | and shall be exclusive of and in
addition to the amount of tax | 19 | | the county is authorized to levy for
general purposes under any | 20 | | laws which may limit the amount of tax which
the county may | 21 | | levy for general purposes. The county clerk, in reducing
tax | 22 | | levies under any Act concerning the levy and extension of | 23 | | taxes,
shall not consider this tax as a part of the general tax | 24 | | levy for county
purposes, and shall not include it within any | 25 | | limitation of the per cent
of the assessed valuation upon which | 26 | | taxes are required to be extended
for the county. It is lawful |
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| 1 | | to extend this tax in addition to the
general county rate fixed | 2 | | by statute, without being authorized as
additional by a vote of | 3 | | the people of the county.
| 4 | | Revenues derived from this tax shall be paid to the | 5 | | treasurer of the
county and held by him for the benefit of the | 6 | | fund.
| 7 | | If the payments on account of taxes are insufficient during | 8 | | any year
to meet the requirements of this Article, the county | 9 | | may issue tax
anticipation warrants against the current tax | 10 | | levy.
| 11 | | (b) By January 10, annually, the board shall notify the | 12 | | county board
of the requirement of this Article that this tax | 13 | | shall be levied. The
board shall make an annual determination
| 14 | | of the required county contributions, and shall certify the | 15 | | results
thereof to the county board.
| 16 | | (c) The various sums to be contributed by the county board | 17 | | and
allocated for the purposes of this Article and any interest | 18 | | to be
contributed by the county shall be taken from the revenue | 19 | | derived from
this tax or as otherwise provided in this Section | 20 | | and no money of the county derived from any source other than
| 21 | | the levy and collection of this tax or the sale of tax | 22 | | anticipation
warrants, except state or federal funds | 23 | | contributed for annuity and
benefit purposes for employees of a | 24 | | county department of public aid
under "The Illinois Public Aid | 25 | | Code", approved April 11, 1967, as now or
hereafter amended, | 26 | | may be used to provide revenue for the fund .
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| 1 | | If it is not possible or practicable for the county to make
| 2 | | contributions for age and service annuity and widow's annuity
| 3 | | concurrently with the employee contributions made for such | 4 | | purposes,
such county shall make such contributions as soon as | 5 | | possible and
practicable thereafter with interest thereon at | 6 | | the effective rate until
the time it shall be made.
| 7 | | (d) With respect to employees whose wages are funded as | 8 | | participants
under the Comprehensive Employment and Training | 9 | | Act of 1973, as amended
(P.L. 93-203, 87 Stat. 839, P.L. | 10 | | 93-567, 88 Stat. 1845), hereinafter
referred to as CETA, | 11 | | subsequent to October 1, 1978, and in instances
where the board | 12 | | has elected to establish a manpower program reserve, the
board | 13 | | shall compute the amounts necessary to be credited to the | 14 | | manpower
program reserves established and maintained as herein | 15 | | provided, and
shall make a periodic determination of the amount | 16 | | of required
contributions from the County to the reserve to be | 17 | | reimbursed by the
federal government in accordance with rules | 18 | | and regulations established
by the Secretary of the United | 19 | | States Department of Labor or his
designee, and certify the | 20 | | results thereof to the County Board. Any such
amounts shall | 21 | | become a credit to the County and will be used to reduce
the | 22 | | amount which the County would otherwise contribute during | 23 | | succeeding
years for all employees.
| 24 | | (e) In lieu of establishing a manpower program reserve with | 25 | | respect
to employees whose wages are funded as participants | 26 | | under the
Comprehensive Employment and Training Act of 1973, as |
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| 1 | | authorized by
subsection (d), the board may elect to establish | 2 | | a special County
contribution rate for all such employees. If | 3 | | this option is elected, the
County shall contribute to the Fund | 4 | | from federal funds provided under
the Comprehensive Employment | 5 | | and Training Act program at the special
rate so established and | 6 | | such contributions shall become a credit to the
County and be | 7 | | used to reduce the amount which the County would otherwise
| 8 | | contribute during succeeding years for all employees.
| 9 | | (f) In lieu of levying all or a portion of the tax required | 10 | | under this Section in any year, the county may deposit with the | 11 | | county treasurer no later than March 1 of that year for the | 12 | | benefit of the fund, to be held in accordance with this | 13 | | Article, an amount that, together with the taxes levied under | 14 | | this Section for that year, is not less than the amount of the | 15 | | county contributions for that year as certified by the board to | 16 | | the county board. The deposit may be derived from any source | 17 | | legally available for that purpose, including, but not limited | 18 | | to, the proceeds of county borrowings. The making of a deposit | 19 | | shall satisfy fully the requirements of this Section for that | 20 | | year to the extent of the amounts so deposited. Amounts | 21 | | deposited under this subsection may be used by the fund for any | 22 | | of the purposes for which the proceeds of the tax levied under | 23 | | this Section may be used, including the payment of any amount | 24 | | that is otherwise required by this Article to be paid from the | 25 | | proceeds of that tax. | 26 | | (g) A home rule unit, including a county, may not regulate |
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| 1 | | the levy of a tax under this Section in a manner that is | 2 | | inconsistent with the regulation by the State of the levy of | 3 | | such a tax under this Section. This subsection (g) is a | 4 | | limitation under subsection (i) of Section 6 of Article VII of | 5 | | the Illinois Constitution on the concurrent exercise by home | 6 | | rule units of powers and functions exercised by the State. | 7 | | (Source: P.A. 95-369, eff. 8-23-07.)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.
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