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(40 ILCS 5/3-125)
(from Ch. 108 1/2, par. 3-125)
(a) The city council or the board of trustees of
the municipality shall annually levy a tax upon all
the taxable property of the municipality at the rate on the dollar which
will produce an amount which, when added to the deductions from the salaries
or wages of police officers, and revenues
available from other
sources, will equal a sum sufficient to meet
the annual requirements of the police pension fund. The annual
requirements to be provided by such tax levy are equal
to (1) the normal cost of the pension fund for the year involved, plus
(2) an amount sufficient to bring the total assets of the pension fund up to 90% of the total actuarial liabilities of the pension fund by the end of municipal fiscal year 2040, as annually updated and determined by an enrolled actuary employed by the Illinois Department of Insurance or by an enrolled actuary retained by the pension fund or the municipality. In making these determinations, the required minimum employer contribution shall be calculated each year as a level percentage of payroll over the years remaining up to and including fiscal year 2040 and shall be determined under the projected unit credit actuarial cost method. The tax shall be levied and
collected in the same manner as the general taxes
of the municipality, and in addition to all other taxes now or hereafter authorized to
be levied upon all property within the municipality, and shall be in
addition to the amount authorized to be levied for general purposes as
provided by Section 8-3-1 of the Illinois Municipal Code, approved May
29, 1961, as amended. The tax shall be forwarded directly to the treasurer of the board within 30 business days after receipt by the county.
(b) For purposes of determining the required employer contribution to a pension fund, the value of the pension fund's assets shall be equal to the actuarial value of the pension fund's assets, which shall be calculated as follows:
(1) On March 30, 2011, the actuarial value of a
pension fund's assets shall be equal to the market value of the assets as of that date.
(2) In determining the actuarial value of the
System's assets for fiscal years after March 30, 2011, any actuarial gains or losses from investment return incurred in a fiscal year shall be recognized in equal annual amounts over the 5-year period following that fiscal year.
(c) If a participating municipality fails to transmit to the fund contributions required of it under this Article for more than 90 days after the payment of those contributions is due, the fund may, after giving notice to the municipality, certify to the State Comptroller the amounts of the delinquent payments in accordance with any applicable rules of the Comptroller, and the Comptroller must, beginning in fiscal year 2016, deduct and remit to the fund the certified amounts or a portion of those amounts from the following proportions of payments of State funds to the municipality:
(1) in fiscal year 2016, one-third of the total
amount of any payments of State funds to the municipality;
(2) in fiscal year 2017, two-thirds of the total
amount of any payments of State funds to the municipality; and
(3) in fiscal year 2018 and each fiscal year
thereafter, the total amount of any payments of State funds to the municipality.
The State Comptroller may not deduct from any payments of State funds to the municipality more than the amount of delinquent payments certified to the State Comptroller by the fund.
(d) The police pension fund shall consist of the following moneys which
shall be set apart by the treasurer of the municipality:
(1) All moneys derived from the taxes levied
(2) Contributions by police officers under Section
(2.5) All moneys received from the Police Officers'
Pension Investment Fund as provided in Article 22B of this Code;
(3) All moneys accumulated by the municipality under
any previous legislation establishing a fund for the benefit of disabled or retired police officers;
(4) Donations, gifts or other transfers authorized by
(e) The Commission on Government Forecasting and
Accountability shall conduct a study of all funds established
under this Article and shall report its findings to the General
Assembly on or before January 1, 2013. To the fullest extent possible, the study shall include, but not be limited to, the following:
(1) fund balances;
(2) historical employer contribution rates for each
(3) the actuarial formulas used as a basis for
employer contributions, including the actual assumed rate of return for each year, for each fund;
(4) available contribution funding sources;
(5) the impact of any revenue limitations caused by
PTELL and employer home rule or non-home rule status; and
(6) existing statutory funding compliance procedures
and funding enforcement mechanisms for all municipal pension funds.
(Source: P.A. 101-610, eff. 1-1-20.)