Public Act 100-0988
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Public Act 100-0988 | ||||
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AN ACT concerning public employee benefits.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Pension Code is amended by adding | ||||
Section 15-155.1 as follows: | ||||
(40 ILCS 5/15-155.1 new) | ||||
Sec. 15-155.1. Actions to enforce payments by employers. | ||||
(a) Except as otherwise specified, if any employer fails to | ||||
transmit to the System contributions required of it under this | ||||
Article or contributions collected by it from its participating | ||||
employees for the purposes of this Article for more than 120 | ||||
days after the payment of those contributions is due, the | ||||
Board, after giving notice to that employer, may certify to the | ||||
State Comptroller the amounts of such delinquent payments in | ||||
accordance with any applicable rules of the Comptroller, and | ||||
the Comptroller shall deduct the amounts so certified or any | ||||
part thereof from any payments of State funds to the employer | ||||
involved and shall remit the amount so deducted to the System. | ||||
If State funds from which such deductions may be made are not | ||||
available or if deductions are delayed for longer than 120 days | ||||
after the date of the certification to the Comptroller, the | ||||
Board may proceed against the employer to recover the amounts | ||||
of such delinquent payments in the appropriate circuit court. |
(b) Except as otherwise specified, if any employer that is | ||
a community college district fails to transmit to the System | ||
contributions required of it under this Article or | ||
contributions collected by it from its participating employees | ||
for the purposes of this Article for more than 120 days after | ||
the payment of those contributions is due, the Board, after | ||
giving notice to that employer, may certify the fact of such | ||
delinquent payment to the county treasurer of the county in | ||
which that employer is located, who shall thereafter remit the | ||
amounts collected from any taxes levied by the employer | ||
directly to the System. If the funds from which such | ||
remittances may be made are not available or if the remittances | ||
are delayed for longer than 120 days after the date of the | ||
certification to the county treasurer, the Board may proceed | ||
against the employer to recover the amounts of such delinquent | ||
payments in the appropriate circuit court. | ||
(c) Nothing in this Section prohibits the Board from | ||
proceeding against an employer to recover the amounts of any | ||
delinquent payments in the appropriate circuit court.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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