Public Act 102-1131
 
HB1859 EnrolledLRB102 11405 RPS 16738 b

    AN ACT concerning public employee benefits.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Pension Code is amended by
changing Section 10-107 as follows:
 
    (40 ILCS 5/10-107)  (from Ch. 108 1/2, par. 10-107)
    Sec. 10-107. Financing; tax levy Financing - Tax levy.
    (a) The forest preserve district may levy an annual tax on
the value, as equalized or assessed by the Department of
Revenue, of all taxable property in the district for the
purpose of providing revenue for the fund. The rate of such tax
in any year may not exceed the rate herein specified for that
year or the rate which will produce, when extended, the sum
herein stated for that year, whichever is higher: for any year
prior to 1970, .00103% or $195,000; for the year 1970, .00111%
or $210,000; for the year 1971, .00116% or $220,000. For the
year 1972 and each year thereafter through levy year 2022, the
Forest Preserve District shall levy a tax annually at a rate on
the dollar of the value, as equalized or assessed by the
Department of Revenue upon all taxable property in the county,
when extended, not to exceed an amount equal to the total
amount of contributions by the employees to the fund made in
the calendar year 2 years prior to the year for which the
annual applicable tax is levied, multiplied by 1.25 for the
year 1972; and by 1.30 for the year 1973 and for each year
thereafter through levy year 2022. Beginning in levy year
2023, and in each levy year thereafter, the Forest Preserve
District shall levy a tax annually at a rate on the dollar of
the value, as equalized or assessed by the Department of
Revenue, of all taxable property within the county that will
produce, when extended, an amount equal to no less than the
amount of the Forest Preserve District's total required
contribution to the Fund for the next payment year, as
determined under subsection (b). For the purposes of this
Section, the payment year is the year immediately following
the levy year.
    The tax shall be levied and collected in like manner with
the general taxes of the district and shall be in addition to
the maximum of all other tax rates which the district may levy
upon the aggregate valuation of all taxable property and shall
be exclusive of and in addition to the maximum amount and rate
of taxes the district may levy for general purposes or under
and by virtue of any laws which limit the amount of tax which
the district may levy for general purposes. The county clerk
of the county in which the forest preserve district is located
in reducing tax levies under the provisions of "An Act
concerning the levy and extension of taxes", approved May 9,
1901, as amended, shall not consider any such tax as a part of
the general tax levy for forest preserve purposes, and shall
not include the same in the limitation of 1% of the assessed
valuation upon which taxes are required to be extended, and
shall not reduce the same under the provisions of that Act. The
proceeds of the tax herein authorized shall be kept as a
separate fund.
    The forest preserve district may use other lawfully
available funds in lieu of all or part of the levy.
    The Board may establish a manpower program reserve, or a
special forest preserve district contribution rate, with
respect to employees whose wages are funded as program
participants under the Comprehensive Employment and Training
Act of 1973 in the manner provided in subsection (d) or (e),
respectively, of Section 9-169.
    (b)(1) For payment years 2024 through 2054, the Forest
Preserve District's required annual contribution to the fund
shall be the minimum required employer contribution set forth
in paragraph (3) of this subsection (b).
    (2) The Board shall retain an actuary who is a member in
good standing of the American Academy of Actuaries to produce
an annual actuarial report of the Fund. The annual actuarial
report shall include, but not be limited to: (i) a statement of
the actuarial value of the Fund's assets as projected over 30
years' time and the actuarial value of the Fund's liabilities
as projected over the same period of time; and (ii) the minimum
required employer contribution for the second year immediately
following the year ending on the valuation date upon which the
annual actuarial report is based. The annual actuarial report
shall be reviewed and formally adopted by the Board and may be
included in other annual reports.
    (3) The minimum required employer contribution for a
specified year as set forth in the annual actuarial report
required under paragraph (2) shall be the amount determined by
the Fund's actuary to be equal to the sum of: (i) the projected
normal cost for pensions for that fiscal year, plus (ii) a
projected unfunded actuarial accrued liability amortization
payment for pensions for the fiscal year, plus (iii) projected
expenses for that fiscal year, plus (iv) interest to adjust
for payment pattern during the fiscal year, minus (v)
projected employee contributions for that fiscal year. The
Forest Preserve District's required annual contribution to the
Fund shall not be less than the sum of: (i) the projected
normal cost for pensions for that fiscal year, plus (ii) a
projected unfunded actuarial accrued liability amortization
payment for pensions for the fiscal year, plus (iii) projected
expenses for that fiscal year, plus (iv) interest to adjust
for payment pattern during the fiscal year, minus (v)
projected employee contributions for that fiscal year. The
minimum required employer contribution shall be based on the
entry age normal cost method, a 5-year smoothed actuarial
value of assets, and a 30-year layered amortization of
unfunded actuarial accrued liability with payments increasing
at 2% per year. The unfunded actuarial accrued liability
payment schedule shall be based on the schedule initially
established in 2016 and ending in 2046.
    The minimum required employer contribution shall be
submitted annually by the Forest Preserve District on or
before July 31 unless another time frame is agreed upon by the
Forest Preserve District and the Fund. The methods provided in
this Section may be amended as recommended by an independent
actuary engaged by the Fund and in compliance with actuarial
standards of practice and as adopted by an affirmative vote of
a simple majority of the Board and the Forest Preserve
District Board of Commissioners.
    (4) For payment years after 2055, the Forest Preserve
District's required annual contribution to the Fund shall be
equal to the amount, if any, needed to bring the total
actuarial assets of the Fund up to 100% of the total actuarial
liabilities of the Fund by the end of the year.
    (5) To the extent that the Forest Preserve District's
contribution for any of the payment years referenced in this
subsection (b) is made with property taxes, those property
taxes shall be levied, collected, and paid to the Fund in a
like manner with the general taxes of the Forest Preserve
District.
(Source: P.A. 102-210, eff. 1-1-22.)
 
    Section 90. The State Mandates Act is amended by adding
Section 8.46 as follows:
 
    (30 ILCS 805/8.46 new)
    Sec. 8.46. Exempt mandate. Notwithstanding Sections 6 and
8 of this Act, no reimbursement by the State is required for
the implementation of any mandate created by this amendatory
Act of the 102nd General Assembly.
 
    Section 99. Effective date. This Act takes effect June 1,
2023.

Effective Date: 6/1/2023