Full Text of SB2183 97th General Assembly
SB2183 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB2183 Introduced 2/10/2011, by Sen. Dale E. Risinger SYNOPSIS AS INTRODUCED: |
| 40 ILCS 5/3-103 | from Ch. 108 1/2, par. 3-103 | 40 ILCS 5/3-145 | from Ch. 108 1/2, par. 3-145 | 40 ILCS 5/4-103 | from Ch. 108 1/2, par. 4-103 | 40 ILCS 5/4-141 | from Ch. 108 1/2, par. 4-141 | 40 ILCS 5/7-132 | from Ch. 108 1/2, par. 7-132 |
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Amends the Downstate Police, Downstate Firefighters, and Illinois Municipal Retirement Fund (IMRF) Articles of the Illinois Pension Code. Changes the definition of municipality so that, on and after the effective date of the Act, a city, township, village, or incorporated town qualifies as a municipality for the purposes of the affected Articles if it has a population of more than 7,500 (rather than 5,000) but less than 500,000 inhabitants. Makes corresponding changes in provisions concerning referenda that smaller municipalities use to opt into in the affected funds. Requires any municipality that has, before the effective date of the amendatory Act, established a pension fund under one of the affected Articles to continue to maintain that fund. Effective immediately.
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| | FISCAL 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 | | Sections 3-103, 3-145, 4-103, 4-141, and 7-132 as follows:
| 6 | | (40 ILCS 5/3-103) (from Ch. 108 1/2, par. 3-103)
| 7 | | Sec. 3-103. Municipality. "Municipality": | 8 | | (a) Before the effective date of this amendatory Act of | 9 | | the 97th General Assembly, (1) any Any city, village , or | 10 | | incorporated town of 5,000
or more but less than 500,000 | 11 | | inhabitants,
as determined from the United
States | 12 | | Government statistics or a census taken at any time by the | 13 | | city,
village , or incorporated town and (2) any city, | 14 | | village , or incorporated
town of
less than 5,000 | 15 | | inhabitants which, by referendum held under Section 3-145
| 16 | | adopts this Article. A city, village, or incorporated
town | 17 | | that falls within the definition of "municipality" | 18 | | contained in this subsection (a) and has established a | 19 | | pension fund under this Article before the effective date | 20 | | of this amendatory Act of the 97th General Assembly must | 21 | | continue to maintain the pension fund in accordance with | 22 | | the provisions of this Article.
| 23 | | (b) On and after the effective date of this amendatory |
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| 1 | | Act of the 97th General Assembly, (1) any city, village, or | 2 | | incorporated town of 7,500
or more but less than 500,000 | 3 | | inhabitants,
as determined from the United
States | 4 | | Government statistics or a census taken at any time by the | 5 | | city,
village, or incorporated town and (2) any city, | 6 | | village, or incorporated
town of
less than 7,500 | 7 | | inhabitants which, by referendum held under Section 3-145
| 8 | | adopts this Article. | 9 | | (Source: P.A. 83-1440.)
| 10 | | (40 ILCS 5/3-145) (from Ch. 108 1/2, par. 3-145)
| 11 | | Sec. 3-145. Referendum in municipalities less than 7,500 | 12 | | 5,000 . | 13 | | (a) This Article
shall not be effective in any
municipality | 14 | | having a population of less than 7,500 5,000 unless the
| 15 | | proposition to adopt the Article is submitted
to and approved
| 16 | | by the voters of the municipality in the manner herein | 17 | | provided.
| 18 | | Whenever the electors of the municipality, equal in number | 19 | | to 5% of
the number of legal votes cast at the last preceding | 20 | | general municipal
election, petition the city, village or town | 21 | | clerk to submit the proposition
whether
that municipality shall | 22 | | adopt this Article, the officer to whom the
petition is | 23 | | addressed shall certify the proposition to the proper election
| 24 | | officials who shall submit the proposition in accordance
with | 25 | | the general election law at a regular election in the |
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| 1 | | municipality
provided that notice of the referendum, if held
| 2 | | before July 1, 1999,
has been given in accordance with the | 3 | | provisions of Section
12-5
of the Election Code in effect at | 4 | | the time of the bond referendum, at least
10 and not more than | 5 | | 45 days before the date of
the election, notwithstanding the | 6 | | time for publication otherwise imposed by
Section 12-5.
Notices | 7 | | required in connection with the submission of public questions
| 8 | | on or after July 1, 1999 shall be as set forth in Section 12-5 | 9 | | of the Election
Code.
If the proposition is not adopted at
that | 10 | | election, it may be submitted in like manner at any regular | 11 | | election
thereafter. The
proposition shall be substantially in | 12 | | the following form:
| 13 | | -------------------------------------------------------------
| 14 | | Shall the city (or village or
| 15 | | incorporated town) of.... adopt YES
| 16 | | Article 3 of the "Illinois Pension -----------------------
| 17 | | Code", pertaining to the creation NO
| 18 | | of a police pension fund?
| 19 | | -------------------------------------------------------------
| 20 | | If a majority of the votes cast on the proposition
is for the | 21 | | proposition, this Article is adopted in that municipality.
| 22 | | (b) For a period of 60 days after the effective date of | 23 | | this amendatory Act of the 96th General Assembly, if a | 24 | | municipality having a population of less than 5,000 has adopted | 25 | | this Article in accordance with the provisions of subsection | 26 | | (a), the municipality may elect to terminate participation |
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| 1 | | under this Article if all of the following conditions are met: | 2 | | (1) An independent auditor certifies that the fund | 3 | | created under this Article has no liabilities and there are | 4 | | no members or participants in the fund and no beneficiaries | 5 | | entitled to benefits under the fund. | 6 | | (2) The corporate authorities of the municipality, by | 7 | | ordinance, approve the closing of the fund. | 8 | | If the conditions of this subsection (b) are met and the | 9 | | closed fund contains assets, those assets shall be transferred | 10 | | to the municipality for its general corporate purposes.
| 11 | | If a municipality that terminates participation under this | 12 | | Article in accordance with this subsection (b) wants to | 13 | | reinstate the fund, then the proposition to re-adopt the | 14 | | Article must be submitted to and approved
by the voters of the | 15 | | municipality in the manner provided in subsection (a).
| 16 | | (Source: P.A. 96-216, eff. 8-10-09.)
| 17 | | (40 ILCS 5/4-103) (from Ch. 108 1/2, par. 4-103)
| 18 | | Sec. 4-103. Municipality. "Municipality": | 19 | | (a) Before the effective date of this amendatory Act of | 20 | | the 97th General Assembly, (1) any Any city, township, | 21 | | village , or incorporated town
of 5,000 or more but less | 22 | | than 500,000
inhabitants, and any fire protection district | 23 | | having any full-time
paid firefighters, and (2) any city, | 24 | | village,
incorporated town , or township of less than 5,000 | 25 | | inhabitants having a full-time
paid fire department which |
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| 1 | | adopts the provisions of this Article article
pursuant to | 2 | | the provisions of Section 4-141. A city, township, village, | 3 | | or incorporated
town that falls within the definition of | 4 | | "municipality" contained in this subsection (a) and has | 5 | | established a pension fund under this Article before the | 6 | | effective date of this amendatory Act of the 97th General | 7 | | Assembly must continue to maintain the pension fund in | 8 | | accordance with the provisions of this Article. | 9 | | (b) On and after the effective date of this amendatory | 10 | | Act of the 97th General Assembly, (1) any city, township, | 11 | | village, or incorporated town
of 7,500 or more but less | 12 | | than 500,000
inhabitants, and any fire protection district | 13 | | having any full-time
paid firefighters, and (2) any city, | 14 | | township, village,
incorporated town, or township of less | 15 | | than 7,500 inhabitants having a full-time
paid fire | 16 | | department which adopts the provisions of this article
| 17 | | pursuant to the provisions of Section 4-141. | 18 | | For the purposes of this Section, the The term "city | 19 | | council" or
"board of trustees" includes
the board of trustees | 20 | | of a fire protection district and the board of town
trustees or | 21 | | other persons empowered to
draft the tentative budget and | 22 | | appropriation ordinance and the electors of
such a township | 23 | | acting at the annual or special meeting of town
electors.
| 24 | | (Source: P.A. 83-1440.)
| 25 | | (40 ILCS 5/4-141) (from Ch. 108 1/2, par. 4-141)
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| 1 | | Sec. 4-141. Referendum in municipalities less than 7,500 | 2 | | 5,000 . This Article shall become effective in any municipality | 3 | | of less than
7,500 5,000 , population if the proposition to | 4 | | adopt
the Article is submitted to and approved by the voters of | 5 | | the
municipality in the manner herein provided.
| 6 | | Whenever the electors of the municipality equal in number | 7 | | to 5% of
the number of legal votes cast at the last preceding | 8 | | general municipal
election for mayor or president, as the case | 9 | | may be, petition the
corporate authorities of the municipality | 10 | | to submit the proposition whether that
municipality shall adopt | 11 | | this Article, the municipal clerk shall certify
the proposition | 12 | | to the proper election official who shall submit it to the
| 13 | | electors in accordance with the general election law at the | 14 | | next
succeeding regular election in the municipality. If the | 15 | | proposition is not
adopted at that
election, it may be | 16 | | submitted in like manner at any regular
election thereafter.
| 17 | | The proposition
shall be substantially in the following | 18 | | form:
| 19 | | -------------------------------------------------------------
| 20 | | Shall the city (or village or
| 21 | | incorporated town as the case may be) YES
| 22 | | of.... adopt Article 4 of the
| 23 | | "Illinois Pension Code", ------------------
| 24 | | providing for a Firefighters' NO
| 25 | | Pension Fund and the levying
| 26 | | of an annual tax therefor?
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| 1 | | -------------------------------------------------------------
| 2 | | If a majority of the votes cast on the proposition is for | 3 | | the proposition,
this Article is adopted in that
municipality.
| 4 | | (Source: P.A. 83-1440 .)
| 5 | | (40 ILCS 5/7-132)
(from Ch. 108 1/2, par. 7-132)
| 6 | | Sec. 7-132. Municipalities, instrumentalities and | 7 | | participating
instrumentalities included and effective dates.
| 8 | | (A) Municipalities and their instrumentalities.
| 9 | | (a) The following described municipalities, but not | 10 | | including any with
more than 1,000,000 inhabitants, and the | 11 | | instrumentalities thereof,
shall be included within and be | 12 | | subject to this Article beginning upon the
effective dates | 13 | | specified by the Board:
| 14 | | (1) Except as to the municipalities and | 15 | | instrumentalities thereof
specifically excluded under this | 16 | | Article, every county shall be subject to
this Article, and | 17 | | all cities, villages , and incorporated towns (A) before the | 18 | | effective date of this amendatory Act of the 97th General | 19 | | Assembly, having a
population in excess of 5,000 | 20 | | inhabitants as determined by the last
preceding decennial | 21 | | or subsequent federal census and (B) on and after the | 22 | | effective date of this amendatory Act of the 97th General | 23 | | Assembly, having a
population in excess of 7,500 | 24 | | inhabitants as determined by the last
preceding decennial |
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| 1 | | or subsequent federal census , shall be subject to this
| 2 | | Article following publication of the census by the Bureau | 3 | | of the Census.
Within 90 days after publication of the | 4 | | census, the Board shall notify
any municipality that has | 5 | | become subject to this Article as a result of
that census, | 6 | | and shall provide information to the corporate authorities | 7 | | of
the municipality explaining the duties and consequences | 8 | | of participation.
The notification shall also include a | 9 | | proposed date upon which
participation by the municipality | 10 | | will commence. A city, village, or incorporated
town that | 11 | | falls within the definition of "municipality" contained in | 12 | | this subsection (a) and has established a pension fund | 13 | | under this Article before the effective date of this | 14 | | amendatory Act of the 97th General Assembly must continue | 15 | | to maintain the pension fund in accordance with the | 16 | | provisions of this Article.
| 17 | | However, for any city, village or incorporated town | 18 | | that attains a
population over 7,500 5,000 inhabitants | 19 | | after having provided social security
coverage for its | 20 | | employees under the Social Security Enabling Act,
| 21 | | participation under this Article shall not be mandatory but | 22 | | may be elected
in accordance with subparagraph (3) or (4) | 23 | | of this paragraph (a), whichever
is applicable.
| 24 | | (2) School districts, other than those specifically
| 25 | | excluded under this Article, shall be subject to this | 26 | | Article, without
election, with respect to all employees |
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| 1 | | thereof.
| 2 | | (3) Towns and all other bodies politic and corporate | 3 | | which
are formed by vote of, or are subject to control by, | 4 | | the electors in towns
and are located in towns which are | 5 | | not participating municipalities on the
effective date of | 6 | | this Act, may become subject to this Article by
election | 7 | | pursuant to Section 7-132.1.
| 8 | | (4) Any other municipality (together with its | 9 | | instrumentalities),
other than those specifically excluded | 10 | | from participation and those
described in paragraph (3) | 11 | | above, may elect to be included either by
referendum under | 12 | | Section 7-134 or by the adoption of a resolution or
| 13 | | ordinance by its governing body. A copy of such resolution | 14 | | or ordinance
duly authenticated and certified by the clerk | 15 | | of the municipality or other
appropriate official of its | 16 | | governing body shall constitute the required
notice to the | 17 | | board of such action.
| 18 | | (b) A municipality that is about to begin participation | 19 | | shall submit to
the Board an application to participate, in a | 20 | | form acceptable to the Board,
not later than 90 days prior to | 21 | | the proposed effective date of
participation. The Board shall | 22 | | act upon the application within 90 days,
and if it finds that | 23 | | the application is in conformity with its requirements
and the | 24 | | requirements of this Article, participation by the applicant | 25 | | shall
commence on a date acceptable to the municipality and | 26 | | specified by the
Board, but in no event more than one year from |
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| 1 | | the date of application.
| 2 | | (c) A participating municipality which succeeds to the | 3 | | functions
of a participating municipality which is dissolved or | 4 | | terminates its
existence shall assume and be transferred the | 5 | | net accumulation balance
in the municipality reserve and the | 6 | | municipality account receivable
balance of the terminated | 7 | | municipality.
| 8 | | (d) In the case of a Veterans Assistance Commission whose | 9 | | employees
were being treated by the Fund on January 1, 1990 as | 10 | | employees of the
county served by the Commission, the Fund may | 11 | | continue to treat the
employees of the Veterans Assistance | 12 | | Commission as county employees for
the purposes of this | 13 | | Article, unless the Commission becomes a participating
| 14 | | instrumentality in accordance with subsection (B) of this | 15 | | Section.
| 16 | | (B) Participating instrumentalities.
| 17 | | (a) The participating instrumentalities designated in
| 18 | | paragraph (b) of this subsection shall be included within
and | 19 | | be subject to this Article if:
| 20 | | (1) an application to participate, in a form acceptable | 21 | | to
the Board and adopted by a two-thirds vote of the | 22 | | governing body, is
presented to the Board not later than 90 | 23 | | days prior to the proposed
effective date; and
| 24 | | (2) the Board finds that the application is in
| 25 | | conformity with its requirements, that the applicant has |
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| 1 | | reasonable
expectation to continue as a political entity | 2 | | for a period of at least
10 years and has the prospective | 3 | | financial capacity to meet its
current and future | 4 | | obligations to the Fund, and that the actuarial
soundness | 5 | | of the Fund may be reasonably expected to be unimpaired by
| 6 | | approval of participation by the applicant.
| 7 | | The Board shall notify the applicant of its findings within | 8 | | 90 days
after receiving the application, and if the
Board | 9 | | approves the application, participation by the applicant shall
| 10 | | commence on the effective date specified by the Board.
| 11 | | (b) The following participating instrumentalities, so long | 12 | | as
they meet the requirements of Section 7-108 and the area | 13 | | served by them
or within their jurisdiction is not located | 14 | | entirely within a municipality
having more than one million | 15 | | inhabitants, may be included hereunder:
| 16 | | i. Township School District Trustees.
| 17 | | ii. Multiple County and Consolidated Health | 18 | | Departments created
under Division 5-25 of the Counties | 19 | | Code or its predecessor law.
| 20 | | iii. Public Building Commissions created under the | 21 | | Public Building
Commission Act, and located in counties of | 22 | | less
than 1,000,000 inhabitants.
| 23 | | iv. A multitype, consolidated or cooperative
library | 24 | | system created under the Illinois Library System Act. Any
| 25 | | library system created under the Illinois Library System | 26 | | Act that has one
or more predecessors that participated in |
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| 1 | | the Fund may participate in the
Fund upon application. The | 2 | | Board shall establish procedures for
implementing the | 3 | | transfer of rights and obligations from the predecessor
| 4 | | system to the successor system.
| 5 | | v. Regional Planning Commissions created under | 6 | | Division 5-14 of the
Counties Code or its predecessor law.
| 7 | | vi. Local Public Housing Authorities created under the | 8 | | Housing
Authorities Act, located in counties of less than | 9 | | 1,000,000 inhabitants.
| 10 | | vii. Illinois Municipal League.
| 11 | | viii. Northeastern Illinois Metropolitan Area Planning | 12 | | Commission.
| 13 | | ix. Southwestern Illinois Metropolitan Area Planning | 14 | | Commission.
| 15 | | x. Illinois Association of Park Districts.
| 16 | | xi. Illinois Supervisors, County Commissioners and | 17 | | Superintendents
of Highways Association.
| 18 | | xii. Tri-City Regional Port District.
| 19 | | xiii. An association, or not-for-profit corporation, | 20 | | membership in
which is authorized under Section 85-15 of | 21 | | the Township Code.
| 22 | | xiv. Drainage Districts operating under the Illinois | 23 | | Drainage
Code.
| 24 | | xv. Local mass transit districts created under the | 25 | | Local Mass
Transit District Act.
| 26 | | xvi. Soil and water conservation districts created |
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| 1 | | under the Soil
and Water Conservation Districts Law.
| 2 | | xvii. Commissions created to provide water supply or | 3 | | sewer services
or both under Division 135 or Division 136 | 4 | | of Article 11 of the Illinois
Municipal Code.
| 5 | | xviii. Public water districts created under the Public | 6 | | Water
District Act.
| 7 | | xix. Veterans Assistance Commissions established under | 8 | | Section
9 of the Military Veterans Assistance Act that
| 9 | | serve counties with a population of less than 1,000,000.
| 10 | | xx. The governing body of an entity, other than a | 11 | | vocational education
cooperative, created under an | 12 | | intergovernmental cooperative agreement
established | 13 | | between participating municipalities under the
| 14 | | Intergovernmental Cooperation Act, which by the terms of | 15 | | the agreement is
the employer of the persons performing | 16 | | services under the agreement under
the usual common law | 17 | | rules determining the employer-employee relationship.
The | 18 | | governing body of such an intergovernmental cooperative | 19 | | entity
established prior to July 1, 1988 may make | 20 | | participation retroactive to the
effective date of the | 21 | | agreement and, if so, the effective date of
participation | 22 | | shall be the date the required application is filed with | 23 | | the
fund. If any such entity is unable to pay the required | 24 | | employer
contributions to the fund, then the participating | 25 | | municipalities shall make
payment of the required | 26 | | contributions and the payments shall be allocated
as |
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| 1 | | provided in the agreement or, if not so provided, equally | 2 | | among them.
| 3 | | xxi. The Illinois Municipal Electric Agency.
| 4 | | xxii. The Waukegan Port District.
| 5 | | xxiii. The Fox Waterway Agency created under the Fox | 6 | | Waterway Agency
Act.
| 7 | | xxiv. The Illinois Municipal Gas Agency.
| 8 | | xxv. The Kaskaskia Regional Port District.
| 9 | | xxvi. The Southwestern Illinois Development Authority.
| 10 | | xxvii. The Cairo Public Utility Company.
| 11 | | xxviii. Except with respect to employees who elect to | 12 | | participate in the State Employees' Retirement System of | 13 | | Illinois under Section 14-104.13 of this Code, the Chicago | 14 | | Metropolitan Agency for Planning created under the | 15 | | Regional Planning Act, provided that, with respect to the | 16 | | benefits payable pursuant to Sections 7-146, 7-150, and | 17 | | 7-164 and the requirement that eligibility for such | 18 | | benefits is conditional upon satisfying a minimum period of | 19 | | service or a minimum contribution, any employee of the | 20 | | Chicago Metropolitan Agency for Planning that was | 21 | | immediately prior to such employment an employee of the | 22 | | Chicago Area Transportation Study or the Northeastern | 23 | | Illinois Planning Commission, such employee's service at | 24 | | the Chicago Area Transportation Study or the Northeastern | 25 | | Illinois Planning Commission and contributions to the | 26 | | State Employees' Retirement System of Illinois established |
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| 1 | | under Article 14 and the Illinois Municipal Retirement Fund | 2 | | shall count towards the satisfaction of such requirements.
| 3 | | xxix. United Counties Council (formerly the Urban | 4 | | Counties Council), but only if the Council has a ruling | 5 | | from the United States Internal Revenue Service that it is | 6 | | a governmental entity.
| 7 | | xxx. The Will County Governmental League, but only if | 8 | | the League has a ruling from the United States Internal | 9 | | Revenue Service that it is a governmental entity. | 10 | | (c) The governing boards of special education joint | 11 | | agreements
created under Section 10-22.31 of the School Code | 12 | | without designation of an
administrative district shall be | 13 | | included within and be subject to this
Article as participating | 14 | | instrumentalities when the joint agreement becomes
effective. | 15 | | However, the governing board of any such special education
| 16 | | joint agreement in effect before September 5, 1975 shall not be | 17 | | subject to this
Article unless the joint agreement is modified | 18 | | by the school districts to
provide that the governing board is | 19 | | subject to this Article, except as
otherwise provided by this | 20 | | Section.
| 21 | | The governing board of the Special Education District of | 22 | | Lake County shall
become subject to this Article as a | 23 | | participating instrumentality on July 1,
1997. Notwithstanding | 24 | | subdivision (a)1 of Section 7-139, on the effective date
of | 25 | | participation, employees of the governing board of the Special | 26 | | Education
District of Lake County shall receive creditable |
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| 1 | | service for their prior
service with that employer, up to a | 2 | | maximum of 5 years, without any employee
contribution. | 3 | | Employees may establish creditable service for the remainder
of | 4 | | their prior service with that employer, if any, by applying in | 5 | | writing and
paying an employee contribution in an amount | 6 | | determined by the Fund, based on
the employee contribution | 7 | | rates in effect at the time of application for the
creditable | 8 | | service and the employee's salary rate on the effective date of
| 9 | | participation for that employer, plus interest at the effective | 10 | | rate from the
date of the prior service to the date of payment. | 11 | | Application for this
creditable service must be made before | 12 | | July 1, 1998; the payment may be made
at any time while the | 13 | | employee is still in service. The employer may elect to
make | 14 | | the required contribution on behalf of the employee.
| 15 | | The governing board of a special education joint agreement | 16 | | created
under Section 10-22.31 of the School Code for which an | 17 | | administrative
district has been designated, if there are | 18 | | employees of the cooperative
educational entity who are not | 19 | | employees of the administrative district,
may elect to | 20 | | participate in the Fund and be included within this Article as
| 21 | | a participating instrumentality, subject to such application | 22 | | procedures and
rules as the Board may prescribe.
| 23 | | The Boards of Control of cooperative or joint educational | 24 | | programs or
projects created and administered under Section | 25 | | 3-15.14 of the School
Code, whether or not the Boards act as | 26 | | their own administrative district,
shall be included within and |
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| 1 | | be subject to this Article as participating
instrumentalities | 2 | | when the agreement establishing the cooperative or joint
| 3 | | educational program or project becomes effective.
| 4 | | The governing board of a special education joint agreement | 5 | | entered into
after June 30, 1984 and prior to September 17, | 6 | | 1985 which provides for
representation on the governing board | 7 | | by less than all the participating
districts shall be included | 8 | | within and subject to this Article as a
participating | 9 | | instrumentality. Such participation shall be effective as of
| 10 | | the date the joint agreement becomes effective.
| 11 | | The governing boards of educational service centers | 12 | | established under
Section 2-3.62 of the School Code shall be | 13 | | included within and subject to
this Article as participating | 14 | | instrumentalities. The governing boards of
vocational | 15 | | education cooperative agreements created under the
| 16 | | Intergovernmental Cooperation Act and approved by the State | 17 | | Board of
Education shall be included within and be subject to | 18 | | this
Article as participating instrumentalities. If any such | 19 | | governing boards
or boards of control are unable to pay the | 20 | | required employer contributions
to the fund, then the school | 21 | | districts served by such boards shall make
payment of required | 22 | | contributions as provided in Section 7-172. The
payments shall | 23 | | be allocated among the several school districts in
proportion | 24 | | to the number of students in average daily attendance for the
| 25 | | last full school year for each district in relation to the | 26 | | total number of
students in average attendance for such period |
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| 1 | | for all districts served.
If such educational service centers, | 2 | | vocational education cooperatives or
cooperative or joint | 3 | | educational programs or projects created and
administered | 4 | | under Section 3-15.14 of the School Code are dissolved, the
| 5 | | assets and obligations shall be distributed among the districts | 6 | | in the
same proportions unless otherwise provided.
| 7 | | The governing board of Paris Cooperative High School shall | 8 | | be included within and be subject to this
Article as a | 9 | | participating instrumentality on the effective date of this | 10 | | amendatory Act of the 96th General Assembly. If the governing | 11 | | board of Paris Cooperative High School is unable to pay the | 12 | | required employer contributions
to the fund, then the school | 13 | | districts served shall make
payment of required contributions | 14 | | as provided in Section 7-172. The
payments shall be allocated | 15 | | among the several school districts in
proportion to the number | 16 | | of students in average daily attendance for the
last full | 17 | | school year for each district in relation to the total number | 18 | | of
students in average attendance for such period for all | 19 | | districts served.
If Paris Cooperative High School is | 20 | | dissolved, then the
assets and obligations shall be distributed | 21 | | among the districts in the
same proportions unless otherwise | 22 | | provided. | 23 | | (d) The governing boards of special recreation joint | 24 | | agreements
created under Section 8-10b of the Park District | 25 | | Code, operating
without
designation of an administrative | 26 | | district or an administrative
municipality appointed to |
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| 1 | | administer the program operating under the
authority of such | 2 | | joint agreement shall be included within and be
subject to this | 3 | | Article as participating instrumentalities when the
joint | 4 | | agreement becomes effective. However, the governing board of | 5 | | any
such special recreation joint agreement in effect before | 6 | | January 1,
1980 shall not be subject to this Article unless the | 7 | | joint agreement is
modified, by the districts and | 8 | | municipalities which are parties to the
agreement, to provide | 9 | | that the governing board is subject to this Article.
| 10 | | If the Board returns any employer and employee | 11 | | contributions to any
employer which erroneously submitted such | 12 | | contributions on behalf of a
special recreation joint | 13 | | agreement, the Board shall include interest
computed from the | 14 | | end of each year to the date of payment, not compounded,
at the | 15 | | rate of 7% per annum.
| 16 | | (e) Each multi-township assessment district, the board of
| 17 | | trustees of which has adopted this Article by ordinance prior | 18 | | to April 1,
1982, shall be a participating instrumentality | 19 | | included within and subject
to this Article effective December | 20 | | 1, 1981. The contributions required
under Section 7-172 shall | 21 | | be included in the budget prepared under and
allocated in | 22 | | accordance with Section 2-30 of the Property Tax Code.
| 23 | | (f) The Illinois Medical District Commission created under | 24 | | the Illinois Medical District Act may be included within and | 25 | | subject to
this Article as a participating instrumentality, | 26 | | notwithstanding that the location of the District is entirely |
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| 1 | | within the City of Chicago. To become a participating | 2 | | instrumentality, the Commission must apply to the Board in the | 3 | | manner set forth in paragraph (a) of this subsection (B). If | 4 | | the
Board approves the application, under the criteria and | 5 | | procedures set forth in paragraph (a) and any other applicable | 6 | | rules, criteria, and procedures of the Board, participation by | 7 | | the Commission shall
commence on the effective date specified | 8 | | by the Board.
| 9 | | (C) Prospective participants. | 10 | | Beginning January 1, 1992, each prospective participating
| 11 | | municipality or participating instrumentality shall pay to the | 12 | | Fund the
cost, as determined by the Board, of a study prepared | 13 | | by the Fund or its
actuary, detailing the prospective costs of | 14 | | participation in the Fund to be
expected by the municipality or | 15 | | instrumentality.
| 16 | | (Source: P.A. 95-677, eff. 10-11-07; 96-211, eff. 8-10-09; | 17 | | 96-551, eff. 8-17-09; 96-1000, eff. 7-2-10; 96-1046, eff. | 18 | | 7-14-10.)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.
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