Bill Amendment: IL SB2437 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: PEN CD-CHG TCHR-PAYROLL RECORD
Status: 2017-01-09 - Passed Both Houses [SB2437 Detail]
Download: Illinois-2015-SB2437-House_Amendment_004.html
Bill Title: PEN CD-CHG TCHR-PAYROLL RECORD
Status: 2017-01-09 - Passed Both Houses [SB2437 Detail]
Download: Illinois-2015-SB2437-House_Amendment_004.html
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1 | AMENDMENT TO SENATE BILL 2437
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2 | AMENDMENT NO. ______. Amend Senate Bill 2437, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Illinois Pension Code is amended by | ||||||
6 | changing Sections 1-160, 8-113, 8-173, 8-174, 8-243.2, 8-244, | ||||||
7 | 8-244.1, 8-251, 11-169, 11-170, 11-223.1, and 11-230 and by | ||||||
8 | adding Sections 8-228.5, 11-125.9, and 11-197.7 as follows:
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9 | (40 ILCS 5/1-160)
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10 | (Text of Section WITHOUT the changes made by P.A. 98-641, | ||||||
11 | which has been held unconstitutional) | ||||||
12 | Sec. 1-160. Provisions applicable to new hires. | ||||||
13 | (a) The provisions of this Section apply to a person who, | ||||||
14 | on or after January 1, 2011, first becomes a member or a | ||||||
15 | participant under any reciprocal retirement system or pension | ||||||
16 | fund established under this Code, other than a retirement |
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1 | system or pension fund established under Article 2, 3, 4, 5, 6, | ||||||
2 | 15 or 18 of this Code, notwithstanding any other provision of | ||||||
3 | this Code to the contrary, but do not apply to any self-managed | ||||||
4 | plan established under this Code, to any person with respect to | ||||||
5 | service as a sheriff's law enforcement employee under Article | ||||||
6 | 7, or to any participant of the retirement plan established | ||||||
7 | under Section 22-101. Notwithstanding anything to the contrary | ||||||
8 | in this Section, for purposes of this Section, a person who | ||||||
9 | participated in a retirement system under Article 15 prior to | ||||||
10 | January 1, 2011 shall be deemed a person who first became a | ||||||
11 | member or participant prior to January 1, 2011 under any | ||||||
12 | retirement system or pension fund subject to this Section. The | ||||||
13 | changes made to this Section by Public Act 98-596 this | ||||||
14 | amendatory Act of the 98th General Assembly are a clarification | ||||||
15 | of existing law and are intended to be retroactive to January | ||||||
16 | 1, 2011 ( the effective date of Public Act 96-889 ) , | ||||||
17 | notwithstanding the provisions of Section 1-103.1 of this Code. | ||||||
18 | (b) "Final average salary" means the average monthly (or | ||||||
19 | annual) salary obtained by dividing the total salary or | ||||||
20 | earnings calculated under the Article applicable to the member | ||||||
21 | or participant during the 96 consecutive months (or 8 | ||||||
22 | consecutive years) of service within the last 120 months (or 10 | ||||||
23 | years) of service in which the total salary or earnings | ||||||
24 | calculated under the applicable Article was the highest by the | ||||||
25 | number of months (or years) of service in that period. For the | ||||||
26 | purposes of a person who first becomes a member or participant |
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1 | of any retirement system or pension fund to which this Section | ||||||
2 | applies on or after January 1, 2011, in this Code, "final | ||||||
3 | average salary" shall be substituted for the following: | ||||||
4 | (1) In Article 7 (except for service as sheriff's law | ||||||
5 | enforcement employees), "final rate of earnings". | ||||||
6 | (2) In Articles 8, 9, 10, 11, and 12, "highest average | ||||||
7 | annual salary for any 4 consecutive years within the last | ||||||
8 | 10 years of service immediately preceding the date of | ||||||
9 | withdrawal". | ||||||
10 | (3) In Article 13, "average final salary". | ||||||
11 | (4) In Article 14, "final average compensation". | ||||||
12 | (5) In Article 17, "average salary". | ||||||
13 | (6) In Section 22-207, "wages or salary received by him | ||||||
14 | at the date of retirement or discharge". | ||||||
15 | (b-5) Beginning on January 1, 2011, for all purposes under | ||||||
16 | this Code (including without limitation the calculation of | ||||||
17 | benefits and employee contributions), the annual earnings, | ||||||
18 | salary, or wages (based on the plan year) of a member or | ||||||
19 | participant to whom this Section applies shall not exceed | ||||||
20 | $106,800; however, that amount shall annually thereafter be | ||||||
21 | increased by the lesser of (i) 3% of that amount, including all | ||||||
22 | previous adjustments, or (ii) one-half the annual unadjusted | ||||||
23 | percentage increase (but not less than zero) in the consumer | ||||||
24 | price index-u
for the 12 months ending with the September | ||||||
25 | preceding each November 1, including all previous adjustments. | ||||||
26 | For the purposes of this Section, "consumer price index-u" |
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1 | means
the index published by the Bureau of Labor Statistics of | ||||||
2 | the United States
Department of Labor that measures the average | ||||||
3 | change in prices of goods and
services purchased by all urban | ||||||
4 | consumers, United States city average, all
items, 1982-84 = | ||||||
5 | 100. The new amount resulting from each annual adjustment
shall | ||||||
6 | be determined by the Public Pension Division of the Department | ||||||
7 | of Insurance and made available to the boards of the retirement | ||||||
8 | systems and pension funds by November 1 of each year. | ||||||
9 | (c) A member or participant is entitled to a retirement
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10 | annuity upon written application if he or she has attained age | ||||||
11 | 67 (beginning January 1, 2015, age 65 with respect to service | ||||||
12 | under Article 12 of this Code that is subject to this Section) | ||||||
13 | and has at least 10 years of service credit and is otherwise | ||||||
14 | eligible under the requirements of the applicable Article. | ||||||
15 | A member or participant who has attained age 62 (beginning | ||||||
16 | January 1, 2015, age 60 with respect to service under Article | ||||||
17 | 12 of this Code that is subject to this Section) and has at | ||||||
18 | least 10 years of service credit and is otherwise eligible | ||||||
19 | under the requirements of the applicable Article may elect to | ||||||
20 | receive the lower retirement annuity provided
in subsection (d) | ||||||
21 | of this Section. | ||||||
22 | (c-5) A person who first becomes a member or a participant | ||||||
23 | under Article 8 or Article 11 of this Code on or after the | ||||||
24 | effective date of this amendatory Act of the 99th General | ||||||
25 | Assembly, notwithstanding any other provision of this Code to | ||||||
26 | the contrary, is entitled to a retirement annuity upon written |
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1 | application if he or she has attained age 65 and has at least | ||||||
2 | 10 years of service credit under Article 8 or Article 11 of | ||||||
3 | this Code and is otherwise eligible under the requirements of | ||||||
4 | Article 8 or Article 11 of this Code, whichever is applicable. | ||||||
5 | (d) The retirement annuity of a member or participant who | ||||||
6 | is retiring after attaining age 62 (beginning January 1, 2015, | ||||||
7 | age 60 with respect to service under Article 12 of this Code | ||||||
8 | that is subject to this Section) with at least 10 years of | ||||||
9 | service credit shall be reduced by one-half
of 1% for each full | ||||||
10 | month that the member's age is under age 67 (beginning January | ||||||
11 | 1, 2015, age 65 with respect to service under Article 12 of | ||||||
12 | this Code that is subject to this Section). | ||||||
13 | (d-5) The retirement annuity of a person who first becomes | ||||||
14 | a member or a participant under Article 8 or Article 11 of this | ||||||
15 | Code on or after the effective date of this amendatory Act of | ||||||
16 | the 99th General Assembly who is retiring at age 60 with at | ||||||
17 | least 10 years of service credit under Article 8 or Article 11 | ||||||
18 | shall be reduced by one-half of 1% for each full month that the | ||||||
19 | member's age is under age 65. | ||||||
20 | (d-10) Each person who first became a member or participant | ||||||
21 | under Article 8 or Article 11 of this Code on or after January | ||||||
22 | 1, 2011 and prior to the effective date of this amendatory Act | ||||||
23 | of the 99th General Assembly shall make an irrevocable election | ||||||
24 | either: | ||||||
25 | (i) to be eligible for the reduced retirement age | ||||||
26 | provided in subsections (c-5)
and (d-5) of this Section, |
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1 | the eligibility for which is conditioned upon the member or | ||||||
2 | participant agreeing to the increases in employee | ||||||
3 | contributions for age and service annuities provided in | ||||||
4 | subsection (a-5) of Section 8-174 of this Code (for service | ||||||
5 | under Article 8) or subsection (a-5) of Section 11-170 of | ||||||
6 | this Code (for service under Article 11); or | ||||||
7 | (ii) to not agree to item (i) of this subsection | ||||||
8 | (d-10), in which case the member or participant shall | ||||||
9 | continue to be subject to the retirement age provisions in | ||||||
10 | subsections (c) and (d) of this Section and the employee | ||||||
11 | contributions for age and service annuity as provided in | ||||||
12 | subsection (a) of Section 8-174 of this Code (for service | ||||||
13 | under Article 8) or subsection (a) of Section 11-170 of | ||||||
14 | this Code (for service under Article 11). | ||||||
15 | The election provided for in this subsection shall be made | ||||||
16 | between June 1, 2017 and July 15, 2017. A person subject to | ||||||
17 | this subsection who makes the required election shall remain | ||||||
18 | bound by that election. A person subject to this subsection who | ||||||
19 | fails for any reason to make the required election within the | ||||||
20 | time specified in this subsection shall be deemed to have made | ||||||
21 | the election under item (ii). | ||||||
22 | (e) Any retirement annuity or supplemental annuity shall be | ||||||
23 | subject to annual increases on the January 1 occurring either | ||||||
24 | on or after the attainment of age 67 (beginning January 1, | ||||||
25 | 2015, age 65 with respect to service under Article 12 of this | ||||||
26 | Code that is subject to this Section and beginning on the |
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1 | effective date of this amendatory Act of the 99th General | ||||||
2 | Assembly, age 65 with respect to persons who: (i) first became | ||||||
3 | members or participants under Article 8 or Article 11 of this | ||||||
4 | Code on or after the effective date of this amendatory Act of | ||||||
5 | the 99th General Assembly; or (ii) first became members or | ||||||
6 | participants under Article 8 or Article 11 of this Code on or | ||||||
7 | after January 1, 2011 and before the effective date of this | ||||||
8 | amendatory Act of the 99th General Assembly and made the | ||||||
9 | election under item (i) of subsection (d-10) of this Section ) | ||||||
10 | or the first anniversary of the annuity start date, whichever | ||||||
11 | is later. Each annual increase shall be calculated at 3% or | ||||||
12 | one-half the annual unadjusted percentage increase (but not | ||||||
13 | less than zero) in the consumer price index-u for the 12 months | ||||||
14 | ending with the September preceding each November 1, whichever | ||||||
15 | is less, of the originally granted retirement annuity. If the | ||||||
16 | annual unadjusted percentage change in the consumer price | ||||||
17 | index-u for the 12 months ending with the September preceding | ||||||
18 | each November 1 is zero or there is a decrease, then the | ||||||
19 | annuity shall not be increased. | ||||||
20 | Notwithstanding Section 1-103.1 of this Code, the changes | ||||||
21 | made to this Section by this amendatory Act of the 99th General | ||||||
22 | Assembly are applicable without regard to whether the employee | ||||||
23 | was in active service on or after the effective date of this | ||||||
24 | amendatory Act of the 99th General Assembly. | ||||||
25 | (f) The initial survivor's or widow's annuity of an | ||||||
26 | otherwise eligible survivor or widow of a retired member or |
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1 | participant who first became a member or participant on or | ||||||
2 | after January 1, 2011 shall be in the amount of 66 2/3% of the | ||||||
3 | retired member's or participant's retirement annuity at the | ||||||
4 | date of death. In the case of the death of a member or | ||||||
5 | participant who has not retired and who first became a member | ||||||
6 | or participant on or after January 1, 2011, eligibility for a | ||||||
7 | survivor's or widow's annuity shall be determined by the | ||||||
8 | applicable Article of this Code. The initial benefit shall be | ||||||
9 | 66 2/3% of the earned annuity without a reduction due to age. A | ||||||
10 | child's annuity of an otherwise eligible child shall be in the | ||||||
11 | amount prescribed under each Article if applicable. Any | ||||||
12 | survivor's or widow's annuity shall be increased (1) on each | ||||||
13 | January 1 occurring on or after the commencement of the annuity | ||||||
14 | if
the deceased member died while receiving a retirement | ||||||
15 | annuity or (2) in
other cases, on each January 1 occurring | ||||||
16 | after the first anniversary
of the commencement of the annuity. | ||||||
17 | Each annual increase shall be calculated at 3% or one-half the | ||||||
18 | annual unadjusted percentage increase (but not less than zero) | ||||||
19 | in the consumer price index-u for the 12 months ending with the | ||||||
20 | September preceding each November 1, whichever is less, of the | ||||||
21 | originally granted survivor's annuity. If the annual | ||||||
22 | unadjusted percentage change in the consumer price index-u for | ||||||
23 | the 12 months ending with the September preceding each November | ||||||
24 | 1 is zero or there is a decrease, then the annuity shall not be | ||||||
25 | increased. | ||||||
26 | (g) The benefits in Section 14-110 apply only if the person |
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1 | is a State policeman, a fire fighter in the fire protection | ||||||
2 | service of a department, or a security employee of the | ||||||
3 | Department of Corrections or the Department of Juvenile | ||||||
4 | Justice, as those terms are defined in subsection (b) of | ||||||
5 | Section 14-110. A person who meets the requirements of this | ||||||
6 | Section is entitled to an annuity calculated under the | ||||||
7 | provisions of Section 14-110, in lieu of the regular or minimum | ||||||
8 | retirement annuity, only if the person has withdrawn from | ||||||
9 | service with not less than 20
years of eligible creditable | ||||||
10 | service and has attained age 60, regardless of whether
the | ||||||
11 | attainment of age 60 occurs while the person is
still in | ||||||
12 | service. | ||||||
13 | (h) If a person who first becomes a member or a participant | ||||||
14 | of a retirement system or pension fund subject to this Section | ||||||
15 | on or after January 1, 2011 is receiving a retirement annuity | ||||||
16 | or retirement pension under that system or fund and becomes a | ||||||
17 | member or participant under any other system or fund created by | ||||||
18 | this Code and is employed on a full-time basis, except for | ||||||
19 | those members or participants exempted from the provisions of | ||||||
20 | this Section under subsection (a) of this Section, then the | ||||||
21 | person's retirement annuity or retirement pension under that | ||||||
22 | system or fund shall be suspended during that employment. Upon | ||||||
23 | termination of that employment, the person's retirement | ||||||
24 | annuity or retirement pension payments shall resume and be | ||||||
25 | recalculated if recalculation is provided for under the | ||||||
26 | applicable Article of this Code. |
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1 | If a person who first becomes a member of a retirement | ||||||
2 | system or pension fund subject to this Section on or after | ||||||
3 | January 1, 2012 and is receiving a retirement annuity or | ||||||
4 | retirement pension under that system or fund and accepts on a | ||||||
5 | contractual basis a position to provide services to a | ||||||
6 | governmental entity from which he or she has retired, then that | ||||||
7 | person's annuity or retirement pension earned as an active | ||||||
8 | employee of the employer shall be suspended during that | ||||||
9 | contractual service. A person receiving an annuity or | ||||||
10 | retirement pension under this Code shall notify the pension | ||||||
11 | fund or retirement system from which he or she is receiving an | ||||||
12 | annuity or retirement pension, as well as his or her | ||||||
13 | contractual employer, of his or her retirement status before | ||||||
14 | accepting contractual employment. A person who fails to submit | ||||||
15 | such notification shall be guilty of a Class A misdemeanor and | ||||||
16 | required to pay a fine of $1,000. Upon termination of that | ||||||
17 | contractual employment, the person's retirement annuity or | ||||||
18 | retirement pension payments shall resume and, if appropriate, | ||||||
19 | be recalculated under the applicable provisions of this Code. | ||||||
20 | (i) (Blank). | ||||||
21 | (j) In the case of a conflict between the provisions of | ||||||
22 | this Section and any other provision of this Code, the | ||||||
23 | provisions of this Section shall control.
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24 | (Source: P.A. 97-609, eff. 1-1-12; 98-92, eff. 7-16-13; 98-596, | ||||||
25 | eff. 11-19-13; 98-622, eff. 6-1-14; revised 3-24-16.)
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1 | (40 ILCS 5/8-113) (from Ch. 108 1/2, par. 8-113)
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2 | Sec. 8-113. Municipal employee, employee, contributor, or | ||||||
3 | participant. "Municipal employee", "employee", "contributor", | ||||||
4 | or "participant":
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5 | (a) Any employee of an employer employed in the classified | ||||||
6 | civil service
thereof other than by temporary appointment or in | ||||||
7 | a position excluded or exempt
from the classified service by | ||||||
8 | the Civil Service Act, or in the case of a city
operating under | ||||||
9 | a personnel ordinance, any employee of an employer employed in
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10 | the classified or career service under the provisions of a | ||||||
11 | personnel ordinance,
other than in a provisional or exempt | ||||||
12 | position as specified in such ordinance
or in rules and | ||||||
13 | regulations formulated thereunder.
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14 | (b) Any employee in the service of an employer before the | ||||||
15 | Civil
Service Act came in effect for the employer.
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16 | (c) Any person employed by the board.
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17 | (d) Any person employed after December 31, 1949, but prior | ||||||
18 | to January
1, 1984, in the service of the employer by temporary | ||||||
19 | appointment or in
a position exempt from the classified service | ||||||
20 | as set forth in the Civil
Service Act, or in a provisional or | ||||||
21 | exempt position as specified in the
personnel ordinance, who | ||||||
22 | meets the following qualifications:
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23 | (1) has rendered service during not less than 12 | ||||||
24 | calendar months to
an employer as an employee, officer, or | ||||||
25 | official, 4 months of which must
have been consecutive full | ||||||
26 | normal working months of service rendered
immediately |
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1 | prior to filing application to be included; and
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2 | (2) files written application with the board, while in | ||||||
3 | the service,
to be included hereunder.
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4 | (e) After December 31, 1949, any alderman or other officer | ||||||
5 | or
official of the employer, who files, while in office, | ||||||
6 | written
application with the board to be included hereunder.
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7 | (f) Beginning January 1, 1984, any person employed by an | ||||||
8 | employer other
than the Chicago Housing Authority
or the Public | ||||||
9 | Building Commission of the city, whether or not such person
is | ||||||
10 | serving by temporary appointment or in a position exempt from | ||||||
11 | the classified
service as set forth in the Civil Service Act, | ||||||
12 | or in a provisional or exempt
position as specified in the | ||||||
13 | personnel ordinance, provided that such person is
neither (1) | ||||||
14 | an alderman or other officer or official of the employer, nor | ||||||
15 | (2)
participating, on the basis of such employment, in any | ||||||
16 | other pension fund or
retirement system established under this | ||||||
17 | Act.
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18 | (g) After December 31, 1959, any person employed in the law
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19 | department of the city, or municipal court or Board of Election
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20 | Commissioners of the city, who was a contributor and | ||||||
21 | participant, on
December 31, 1959, in the annuity and benefit | ||||||
22 | fund in operation in the
city on said date, by virtue of the | ||||||
23 | Court and Law Department Employees'
Annuity Act or the Board of | ||||||
24 | Election Commissioners Employees' Annuity
Act.
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25 | After December 31, 1959, the foregoing definition includes | ||||||
26 | any other
person employed or to be employed in the law |
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1 | department, or municipal
court (other than as a judge), or | ||||||
2 | Board of Election Commissioners (if
his salary is provided by | ||||||
3 | appropriation of the city council of the city
and his salary | ||||||
4 | paid by the city) -- subject, however, in the case of such
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5 | persons not participants on December 31, 1959, to compliance | ||||||
6 | with the
same qualifications and restrictions otherwise set | ||||||
7 | forth in this Section
and made generally applicable to | ||||||
8 | employees or officers of the city
concerning eligibility for | ||||||
9 | participation or membership.
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10 | Notwithstanding any other provision in this Section, any | ||||||
11 | person who first becomes employed in the law department of the | ||||||
12 | city on or after the effective date of this amendatory Act of | ||||||
13 | the 99th General Assembly shall be included within the | ||||||
14 | foregoing definition, effective upon the date the person first | ||||||
15 | becomes so employed, regardless of the nature of the | ||||||
16 | appointment the person holds under the provisions of a | ||||||
17 | personnel ordinance. | ||||||
18 | (h) After December 31, 1965, any person employed in the | ||||||
19 | public
library of the city -- and any other person -- who was a | ||||||
20 | contributor and
participant, on December 31, 1965, in the | ||||||
21 | pension fund in operation in
the city on said date, by virtue | ||||||
22 | of the Public Library Employees'
Pension Act.
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23 | (i) After December 31, 1968, any person employed in the | ||||||
24 | house of
correction of the city, who was a contributor and | ||||||
25 | participant, on
December 31, 1968, in the pension fund in | ||||||
26 | operation in the city on said
date, by virtue of the House of |
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1 | Correction Employees' Pension Act.
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2 | (j) Any person employed full-time on or after the effective | ||||||
3 | date of this
amendatory Act of the 92nd General Assembly by the | ||||||
4 | Chicago Housing Authority
who has elected to participate in | ||||||
5 | this Fund as provided in subsection (a) of
Section 8-230.9.
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6 | (k) Any person employed full-time by the Public Building | ||||||
7 | Commission of
the city who has elected to participate in this | ||||||
8 | Fund as provided in subsection
(d) of Section 8-230.7.
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9 | (Source: P.A. 92-599, eff. 6-28-02.)
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10 | (40 ILCS 5/8-173) (from Ch. 108 1/2, par. 8-173)
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11 | (Text of Section WITHOUT the changes made by P.A. 98-641, | ||||||
12 | which has been held unconstitutional) | ||||||
13 | Sec. 8-173. Financing; tax levy.
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14 | (a) Except as provided in subsection (f) of this Section, | ||||||
15 | the city council
of the city shall levy a tax annually upon all | ||||||
16 | taxable property in the city at
a rate that will produce a sum | ||||||
17 | which, when added to the amounts deducted from
the salaries of | ||||||
18 | the employees or otherwise contributed by them and the
amounts | ||||||
19 | deposited under subsection (f), will be sufficient for the
| ||||||
20 | requirements of this Article, but which when extended will | ||||||
21 | produce an amount
not to exceed the greater of the following: | ||||||
22 | (a) the sum obtained by the levy
of a tax of .1093% of the | ||||||
23 | value, as equalized or assessed by the Department
of Revenue, | ||||||
24 | of all taxable property within such city, or (b) the sum of
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25 | $12,000,000.
However any city in which a Fund has been |
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1 | established and in operation
under this Article for more than 3 | ||||||
2 | years prior to 1970 shall
levy for the year 1970 a tax at a rate | ||||||
3 | on the dollar of assessed
valuation of all taxable property | ||||||
4 | that will produce, when extended, an
amount not to exceed 1.2 | ||||||
5 | times the total amount of contributions made by
employees to | ||||||
6 | the Fund for annuity purposes in the calendar year 1968,
and, | ||||||
7 | for the year 1971 and 1972 such levy that will produce, when
| ||||||
8 | extended, an amount not to exceed 1.3 times the total amount of
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9 | contributions made by employees to the Fund for annuity
| ||||||
10 | purposes in the calendar years 1969 and 1970, respectively; and | ||||||
11 | for the
year 1973 an amount not to exceed 1.365 times such | ||||||
12 | total amount of
contributions made by employees for annuity | ||||||
13 | purposes in the calendar
year 1971; and for the year 1974 an | ||||||
14 | amount not to exceed 1.430 times
such total amount of | ||||||
15 | contributions made by employees for annuity
purposes in the | ||||||
16 | calendar year 1972; and for the year 1975 an amount not
to | ||||||
17 | exceed 1.495 times such total amount of contributions made by
| ||||||
18 | employees for annuity purposes in the calendar year 1973; and | ||||||
19 | for the year 1976
an amount not to exceed 1.560 times such | ||||||
20 | total amount of contributions made by
employees for annuity | ||||||
21 | purposes in the calendar year 1974; and for the year 1977
an | ||||||
22 | amount not to exceed 1.625 times such total amount of | ||||||
23 | contributions made by
employees for annuity purposes in the | ||||||
24 | calendar year 1975; and for the year 1978
and each year | ||||||
25 | thereafter through levy year 2016 , such levy as will produce, | ||||||
26 | when
extended, an amount not to exceed the total amount of
|
| |||||||
| |||||||
1 | contributions made by or on behalf of employees to the Fund for | ||||||
2 | annuity
purposes in the calendar year 2 years prior to the year | ||||||
3 | for which the annual
applicable tax is levied, multiplied by | ||||||
4 | 1.690 for the years 1978 through 1998
and by 1.250 for the year | ||||||
5 | 1999 and for each year thereafter through levy year 2016. | ||||||
6 | Beginning in levy year 2017, and in each year thereafter, the | ||||||
7 | levy shall not exceed the amount of the city's total required | ||||||
8 | contribution to the Fund for the next payment year, as | ||||||
9 | determined under subsection (a-5). For the purposes of this | ||||||
10 | Section, the payment year is the year immediately following the | ||||||
11 | levy year .
| ||||||
12 | The tax shall be levied and collected in like manner with | ||||||
13 | the general
taxes of the city, and shall be exclusive of and in | ||||||
14 | addition to the
amount of tax the city is now or may hereafter | ||||||
15 | be authorized to levy for
general purposes under any laws which | ||||||
16 | may limit the amount of tax which
the city may levy for general | ||||||
17 | purposes. The county clerk of the county
in which the city is | ||||||
18 | located, in reducing tax levies under the
provisions of any Act | ||||||
19 | concerning the levy and extension of taxes, shall
not consider | ||||||
20 | the tax herein provided for as a part of the general tax
levy | ||||||
21 | for city purposes, and shall not include the same within any
| ||||||
22 | limitation of the percent of the assessed valuation upon which | ||||||
23 | taxes are
required to be extended for such city.
| ||||||
24 | Revenues derived from such tax shall be paid to the city | ||||||
25 | treasurer of
the city as collected and held by the city | ||||||
26 | treasurer him for the benefit of the fund.
|
| |||||||
| |||||||
1 | If the payments on account of taxes are insufficient during | ||||||
2 | any year
to meet the requirements of this Article, the city may | ||||||
3 | issue tax
anticipation warrants against the current tax levy.
| ||||||
4 | The city may continue to use other lawfully available funds | ||||||
5 | in lieu of all or part of the levy, as provided under | ||||||
6 | subsection (f) of this Section. | ||||||
7 | (a-5) (1) Beginning in payment year 2018, the city's | ||||||
8 | required annual contribution to the Fund for payment years 2018 | ||||||
9 | through 2022 shall be: for 2018, $266,000,000; for 2019, | ||||||
10 | $344,000,000; for 2020, $421,000,000; for 2021, $499,000,000; | ||||||
11 | and for 2022, $576,000,000. | ||||||
12 | (2) For payment years 2023 through 2058, the city's | ||||||
13 | required annual contribution to the Fund shall be the amount | ||||||
14 | determined by the Fund to be equal to the sum of (i) the city's | ||||||
15 | portion of the projected normal cost for that fiscal year, plus | ||||||
16 | (ii) an amount determined on a level percentage of applicable | ||||||
17 | employee payroll basis (reflecting any limits on individual | ||||||
18 | participants' pay that apply for benefit and contribution | ||||||
19 | purposes under this plan) that is sufficient to bring the total | ||||||
20 | actuarial assets of the Fund up to 90% of the total actuarial | ||||||
21 | liabilities of the Fund by the end of 2058. | ||||||
22 | (3) For payment years after 2058, the city's required | ||||||
23 | annual contribution to
the Fund shall be equal to the amount, | ||||||
24 | if any, needed to bring the total actuarial assets of the Fund | ||||||
25 | up to 90% of the total actuarial liabilities of the Fund as of | ||||||
26 | the end of the year. In making the determinations under |
| |||||||
| |||||||
1 | paragraphs (2) and (3) of this subsection, the actuarial | ||||||
2 | calculations shall be determined under the entry age normal | ||||||
3 | actuarial cost method, and any actuarial gains or losses from | ||||||
4 | investment return incurred in a fiscal year shall be recognized | ||||||
5 | in equal annual amounts over the 5-year period following the | ||||||
6 | fiscal year. | ||||||
7 | To the extent that the city's contribution for any of the | ||||||
8 | payment years referenced in this subsection is made with | ||||||
9 | property taxes, those property taxes shall be levied, | ||||||
10 | collected, and paid to the Fund in a like manner with the | ||||||
11 | general taxes of the city. | ||||||
12 | (a-10) If the city fails to transmit to the Fund | ||||||
13 | contributions required of it under this Article by December 31 | ||||||
14 | of the year in which such contributions are due, the Fund may, | ||||||
15 | after giving notice to the city, certify to the State | ||||||
16 | Comptroller the amounts of the delinquent payments, and the | ||||||
17 | Comptroller must, beginning in payment year 2018, deduct and | ||||||
18 | deposit into the Fund the certified amounts or a portion of | ||||||
19 | those amounts from the following proportions of grants of State | ||||||
20 | funds to the city: | ||||||
21 | (1) in payment year 2018, one-third of the total amount | ||||||
22 | of any grants of State funds to the city; | ||||||
23 | (2) in payment year 2019, two-thirds of the total | ||||||
24 | amount of any grants of State funds to the city; and | ||||||
25 | (3) in payment year 2020 and each payment year | ||||||
26 | thereafter, the total amount of any grants of State funds |
| |||||||
| |||||||
1 | to the city. | ||||||
2 | The State Comptroller may not deduct from any grants of | ||||||
3 | State funds to the city more than the amount of delinquent | ||||||
4 | payments certified to the State Comptroller by the Fund. | ||||||
5 | (b) On or before July 1, 2017, and each July 1 thereafter | ||||||
6 | January 10, annually , the board shall certify to notify the
| ||||||
7 | city council the annual amounts required under of the | ||||||
8 | requirements of this Article , for which that the tax herein
| ||||||
9 | provided shall be levied for the following that current year. | ||||||
10 | The board shall compute
the amounts necessary to be credited to | ||||||
11 | the reserves established and
maintained as herein provided, and | ||||||
12 | shall make an annual determination of
the amount of the | ||||||
13 | required city contributions, and certify the results
thereof to | ||||||
14 | the city council.
| ||||||
15 | (c) In respect to employees of the city who are transferred | ||||||
16 | to the
employment of a park district by virtue of the "Exchange | ||||||
17 | of Functions
Act of 1957", the corporate authorities of the | ||||||
18 | park district shall
annually levy a tax upon all the taxable | ||||||
19 | property in the park district
at such rate per cent of the | ||||||
20 | value of such property, as equalized or
assessed by the | ||||||
21 | Department of Revenue, as shall be
sufficient, when added to | ||||||
22 | the amounts deducted from their salaries and
otherwise | ||||||
23 | contributed by them to provide the benefits to which they and
| ||||||
24 | their dependents and beneficiaries are entitled under this | ||||||
25 | Article. The city
shall not levy a tax hereunder in respect to | ||||||
26 | such employees.
|
| |||||||
| |||||||
1 | The tax so levied by the park district shall be in addition | ||||||
2 | to and
exclusive of all other taxes authorized to be levied by | ||||||
3 | the park
district for corporate, annuity fund, or other | ||||||
4 | purposes. The county
clerk of the county in which the park | ||||||
5 | district is located, in reducing
any tax levied under the | ||||||
6 | provisions of any act concerning the levy and
extension of | ||||||
7 | taxes shall not consider such tax as part of the general
tax | ||||||
8 | levy for park purposes, and shall not include the same in any
| ||||||
9 | limitation of the per cent of the assessed valuation upon which | ||||||
10 | taxes
are required to be extended for the park district. The | ||||||
11 | proceeds of the
tax levied by the park district, upon receipt | ||||||
12 | by the district, shall be
immediately paid over to the city | ||||||
13 | treasurer of the city for the uses and
purposes of the fund.
| ||||||
14 | The various sums to be contributed by the city and park | ||||||
15 | district and
allocated for the purposes of this Article, and | ||||||
16 | any interest to be
contributed by the city, shall be derived | ||||||
17 | from the revenue from the taxes
authorized in this Section or | ||||||
18 | otherwise as expressly provided
in this Section.
| ||||||
19 | If it is not possible or practicable for the city to make
| ||||||
20 | contributions for age and service annuity and widow's annuity | ||||||
21 | at the
same time that employee contributions are made for such
| ||||||
22 | purposes, such city contributions shall be construed to be due | ||||||
23 | and
payable as of the end of the fiscal year for which the tax | ||||||
24 | is levied and
shall accrue thereafter with interest at the | ||||||
25 | effective rate until paid.
| ||||||
26 | (d) With respect to employees whose wages are funded as |
| |||||||
| |||||||
1 | participants
under the Comprehensive Employment and Training | ||||||
2 | Act of 1973, as amended
(P.L. 93-203, 87 Stat. 839, P.L. | ||||||
3 | 93-567, 88 Stat. 1845), hereinafter
referred to as CETA, | ||||||
4 | subsequent to October 1, 1978, and in instances
where the board | ||||||
5 | has elected to establish a manpower program reserve, the
board | ||||||
6 | shall compute the amounts necessary to be credited to the | ||||||
7 | manpower
program reserves established and maintained as herein | ||||||
8 | provided, and
shall make a periodic determination of the amount | ||||||
9 | of required
contributions from the City to the reserve to be | ||||||
10 | reimbursed by the
federal government in accordance with rules | ||||||
11 | and regulations established
by the Secretary of the United | ||||||
12 | States Department of Labor or his
designee, and certify the | ||||||
13 | results thereof to the City Council. Any such
amounts shall | ||||||
14 | become a credit to the City and will be used to reduce the
| ||||||
15 | amount which the City would otherwise contribute during | ||||||
16 | succeeding years
for all employees.
| ||||||
17 | (e) In lieu of establishing a manpower program reserve with | ||||||
18 | respect
to employees whose wages are funded as participants | ||||||
19 | under the
Comprehensive Employment and Training Act of 1973, as | ||||||
20 | authorized by
subsection (d), the board may elect to establish | ||||||
21 | a special municipality
contribution rate for all such | ||||||
22 | employees. If this option is elected, the
City shall contribute | ||||||
23 | to the Fund from federal funds provided under the
Comprehensive | ||||||
24 | Employment and Training Act program at the special rate so
| ||||||
25 | established and such contributions shall become a credit to the | ||||||
26 | City and
be used to reduce the amount which the City would |
| |||||||
| |||||||
1 | otherwise contribute
during succeeding years for all | ||||||
2 | employees.
| ||||||
3 | (f) In lieu of levying all or a portion of the tax required | ||||||
4 | under this
Section in any year, the city may deposit with the | ||||||
5 | city treasurer no later than
March 1 of that year for the | ||||||
6 | benefit of the fund, to be held in accordance with
this | ||||||
7 | Article, an amount that, together with the taxes levied under | ||||||
8 | this Section
for that year, is not less than the amount of the | ||||||
9 | city contributions for that
year as certified by the board to | ||||||
10 | the city council. The deposit may be derived
from any source | ||||||
11 | legally available for that purpose, including, but not limited
| ||||||
12 | to, the proceeds of city borrowings. The making of a deposit | ||||||
13 | shall satisfy
fully the requirements of this Section for that | ||||||
14 | year to the extent of the
amounts so deposited. Amounts | ||||||
15 | deposited under this subsection may be used by
the fund for any | ||||||
16 | of the purposes for which the proceeds of the tax levied by
the | ||||||
17 | city under this Section may be used, including the payment of | ||||||
18 | any amount
that is otherwise required by this Article to be | ||||||
19 | paid from the proceeds of that
tax.
| ||||||
20 | (Source: P.A. 90-31, eff. 6-27-97; 90-655, eff. 7-30-98; | ||||||
21 | 90-766, eff.
8-14-98.)
| ||||||
22 | (40 ILCS 5/8-174)
(from Ch. 108 1/2, par. 8-174)
| ||||||
23 | (Text of Section WITHOUT the changes made by P.A. 98-641, | ||||||
24 | which has been held unconstitutional) | ||||||
25 | Sec. 8-174. Contributions for age and service annuities for |
| |||||||
| |||||||
1 | present
employees and future entrants.
(a) Beginning on the | ||||||
2 | effective date and prior to July 1, 1947, 3
1/4%; and beginning | ||||||
3 | on July 1, 1947 and prior to July 1, 1953, 5%; and
beginning | ||||||
4 | July 1, 1953, and prior to January 1, 1972, 6%; and beginning
| ||||||
5 | January 1, 1972, 6-1/2% of each payment of the salary of each | ||||||
6 | present
employee and future entrant , except as provided in | ||||||
7 | subsection (a-5) and (a-10), shall be contributed to the fund | ||||||
8 | as a
deduction from salary for age and service annuity.
| ||||||
9 | (a-5) Except as provided in subsection (a-10), for an | ||||||
10 | employee who, on or after January 1, 2011 and prior to the | ||||||
11 | effective date of this amendatory Act of the 99th General | ||||||
12 | Assembly, first became a member or participant under this | ||||||
13 | Article and made the election under item (i) of subsection | ||||||
14 | (d-10) of Section 1-160: prior to the effective date of this | ||||||
15 | amendatory Act of the 99th General Assembly, 6.5%; and | ||||||
16 | beginning on the effective date of this amendatory Act of the | ||||||
17 | 99th General Assembly and prior to January 1, 2018, 7.5%; and | ||||||
18 | beginning January 1, 2018 and prior to January 1, 2019, 8.5%; | ||||||
19 | and beginning January 1, 2019 and thereafter, 9.5% of each | ||||||
20 | payment of salary shall be contributed to the fund as a | ||||||
21 | deduction from salary for age and service annuity. Beginning | ||||||
22 | with the first pay period on or after the date when the funded | ||||||
23 | ratio of the fund is first determined to have reached the 90% | ||||||
24 | funding goal, and each pay period thereafter for as long as the | ||||||
25 | fund maintains a funding ratio of 75% or more, employee | ||||||
26 | contributions for age and service annuity for those employees |
| |||||||
| |||||||
1 | who made the election under item (i) of subsection (d-10) of | ||||||
2 | Section 1-160 shall be 5.5% of each payment of salary. If the | ||||||
3 | funding ratio falls below 75%, then employee contributions for | ||||||
4 | age and service annuity for those employees who made the | ||||||
5 | election under item (i) of subsection (d-10) shall revert to | ||||||
6 | 9.5% until such time as the fund once again is determined to | ||||||
7 | have reached a funding ratio of 75%, at which time the 5.5% of | ||||||
8 | salary contribution for age and service annuity shall resume. | ||||||
9 | An employee who made the election under item (ii) of subsection | ||||||
10 | (d-10) of Section 1-160 shall continue to have the | ||||||
11 | contributions for age and service annuity determined under | ||||||
12 | subsection (a) of this Section. | ||||||
13 | (a-10) For each employee who, on or after the effective | ||||||
14 | date of this amendatory Act of the 99th General Assembly | ||||||
15 | becomes a member or participant under this Article, 9.5% of | ||||||
16 | each payment of salary shall be contributed to the fund as a | ||||||
17 | deduction from salary for age and service annuity. Beginning | ||||||
18 | with the first pay period on or after the date when the funded | ||||||
19 | ratio of the fund is first determined to have reached the 90% | ||||||
20 | funding goal, and each pay period thereafter as long as the | ||||||
21 | Fund maintains a funding ratio of 75% or more, employee | ||||||
22 | contributions for age and service annuity for each employee | ||||||
23 | subject to this subsection (a-10) shall be 5.5% of each payment | ||||||
24 | of salary. If the funding ratio falls below 75%, then employee | ||||||
25 | contributions for each employee subject to this subsection | ||||||
26 | (a-10) shall revert to 9.5% until such time as the fund once |
| |||||||
| |||||||
1 | again is determined to have reached a funding ratio of 75%, at | ||||||
2 | which time the 5.5% of salary contribution for age and service | ||||||
3 | annuity shall resume. | ||||||
4 | Such deductions beginning on the effective date and prior | ||||||
5 | to July 1,
1947 shall be made for a future entrant while he is | ||||||
6 | in the service until
he attains age 65 and for a present | ||||||
7 | employee while he is in the service
until the amount so | ||||||
8 | deducted from his salary with the amount deducted
from his | ||||||
9 | salary or paid by him according to law to any municipal pension
| ||||||
10 | fund in force on the effective date with interest on both such | ||||||
11 | amounts
at 4% per annum equals the sum that would have been to | ||||||
12 | his credit from
sums deducted from his salary if deductions at | ||||||
13 | the rate herein stated
had been made during his entire service | ||||||
14 | until he attained age 65 with
interest at 4% per annum for the | ||||||
15 | period subsequent to his attainment of
age 65. Such deductions | ||||||
16 | beginning July 1, 1947 shall be made and
continued for | ||||||
17 | employees while in the service.
| ||||||
18 | (b) (Blank). Concurrently with each employee contribution | ||||||
19 | beginning on the
effective date and prior to July 1, 1947 the | ||||||
20 | city shall contribute 5
3/4%; and beginning on July 1, 1947 and | ||||||
21 | prior to July 1, 1953, 7%; and
beginning July 1, 1953, 6% of | ||||||
22 | each payment of such salary until the
employee attains age 65.
| ||||||
23 | (c) Each employee contribution made prior to the date the | ||||||
24 | age and
service annuity for an employee is fixed and each | ||||||
25 | corresponding city
contribution shall be credited to the | ||||||
26 | employee and allocated to the
account of the employee for whose |
| |||||||
| |||||||
1 | benefit it is made.
| ||||||
2 | (d) Notwithstanding Section 1-103.1, the changes to this | ||||||
3 | Section made by this amendatory Act of the 99th General | ||||||
4 | Assembly apply regardless of whether the employee was in active | ||||||
5 | service on or after the effective date of this amendatory Act | ||||||
6 | of the 99th General Assembly. | ||||||
7 | (Source: P.A. 93-654, eff. 1-16-04.)
| ||||||
8 | (40 ILCS 5/8-228.5 new) | ||||||
9 | Sec. 8-228.5. Action by Fund against third party; | ||||||
10 | subrogation. In those cases where the injury or death for which | ||||||
11 | a disability or death benefit is payable under this Article was | ||||||
12 | caused under circumstances creating a legal liability on the | ||||||
13 | part of some person or entity (hereinafter "third party") to | ||||||
14 | pay damages to the employee, legal proceedings may be taken | ||||||
15 | against such third party to recover damages notwithstanding the | ||||||
16 | Fund's payment of or liability to pay disability or death | ||||||
17 | benefits under this Article. In such case, however, if the | ||||||
18 | action against such third party is brought by the injured | ||||||
19 | employee or his or her personal representative and judgment is | ||||||
20 | obtained and paid, or settlement is made with such third party, | ||||||
21 | either with or without suit, from the amount received by such | ||||||
22 | employee or personal representative, then there shall be paid | ||||||
23 | to the Fund the amount of money representing the death or | ||||||
24 | disability benefits paid or to be paid to the disabled employee | ||||||
25 | pursuant to the provisions of this Article. In all |
| |||||||
| |||||||
1 | circumstances where the action against a third party is brought | ||||||
2 | by the disabled employee or his or her personal representative, | ||||||
3 | the Fund shall have a claim or lien upon any recovery, by | ||||||
4 | judgment or settlement, out of which the disabled employee or | ||||||
5 | his or her personal representative might be compensated from | ||||||
6 | such third party. The Fund may satisfy or enforce any such | ||||||
7 | claim or lien only from that portion of a recovery that has | ||||||
8 | been, or can be, allocated or attributed to past and future | ||||||
9 | lost salary, which recovery is by judgment or settlement. The | ||||||
10 | Fund's claim or lien shall not be satisfied or enforced from | ||||||
11 | that portion of a recovery that has been, or can be, allocated | ||||||
12 | or attributed to medical care and treatment, pain and | ||||||
13 | suffering, loss of consortium, and attorney's fees and costs. | ||||||
14 | Where action is brought by the disabled employee or his or | ||||||
15 | her personal representative he or she shall forthwith notify | ||||||
16 | the Fund, by personal service or registered mail, of such fact | ||||||
17 | and of the name of the court where such suit is brought, filing | ||||||
18 | proof of such notice in such action. The Fund may, at any time | ||||||
19 | thereafter, intervene in such action upon its own motion. | ||||||
20 | Therefore, no release or settlement of claim for damages by | ||||||
21 | reason of injury to the disabled employee, and no satisfaction | ||||||
22 | of judgment in such proceedings, shall be valid without the | ||||||
23 | written consent of the Board of Trustees authorized by this | ||||||
24 | Code to administer the Fund created under this Article, except | ||||||
25 | that such consent shall be provided expeditiously following a | ||||||
26 | settlement or judgment. |
| |||||||
| |||||||
1 | In the event the disabled employee or his or her personal | ||||||
2 | representative has not instituted an action against a third | ||||||
3 | party at a time when only 3 months remain before such action | ||||||
4 | would thereafter be barred by law, the Fund may, in its own | ||||||
5 | name or in the name of the personal representative, commence a | ||||||
6 | proceeding against such third party seeking the recovery of all | ||||||
7 | damages on account of injuries caused to the employee. From any | ||||||
8 | amount so recovered, the Fund shall pay to the personal | ||||||
9 | representative of such disabled employee all sums collected | ||||||
10 | from such third party by judgment or otherwise in excess of the | ||||||
11 | amount of disability or death benefits paid or to be paid under | ||||||
12 | this Article to the disabled employee or his or her personal | ||||||
13 | representative, and such costs, attorney's fees, and | ||||||
14 | reasonable expenses as may be incurred by the Fund in making | ||||||
15 | the collection or in enforcing such liability. The Fund's | ||||||
16 | recovery shall be satisfied only from that portion of a | ||||||
17 | recovery that has been, or can be, allocated or attributed to | ||||||
18 | past and future lost salary, which recovery is by judgment or | ||||||
19 | settlement. The Fund's recovery shall not be satisfied from | ||||||
20 | that portion of the recovery that has been or can be allocated | ||||||
21 | or attributed to medical care and treatment, pain and | ||||||
22 | suffering, loss of consortium, and attorney's fees and costs. | ||||||
23 | Additionally, with respect to any right of subrogation | ||||||
24 | asserted by the Fund under this Section, the Fund, in the | ||||||
25 | exercise of discretion, may determine what amount from past or | ||||||
26 | future salary shall be appropriate under the circumstances to |
| |||||||
| |||||||
1 | collect from the recovery obtained on behalf of the disabled | ||||||
2 | employee. | ||||||
3 | This Section applies only to persons who first become | ||||||
4 | members or participants under this Article on or after the | ||||||
5 | effective date of this amendatory Act of 99th General Assembly.
| ||||||
6 | (40 ILCS 5/8-243.2) (from Ch. 108 1/2, par. 8-243.2)
| ||||||
7 | Sec. 8-243.2. Alternative annuity for city officers.
| ||||||
8 | (a) For the purposes of this Section and Sections 8-243.1 | ||||||
9 | and 8-243.3,
"city officer" means the city clerk, the city | ||||||
10 | treasurer, or an alderman of
the city elected by vote of the | ||||||
11 | people, while serving in that capacity or as
provided in | ||||||
12 | subsection (f), who has elected to participate in the Fund.
| ||||||
13 | (b) Any elected city officer, while serving in that | ||||||
14 | capacity or as
provided in subsection (f), may elect to | ||||||
15 | establish alternative credits for
an alternative annuity by | ||||||
16 | electing in writing to make additional optional
contributions | ||||||
17 | in accordance with this Section and the procedures
established | ||||||
18 | by the board. Such elected city officer may discontinue making
| ||||||
19 | the additional optional contributions by notifying the Fund in | ||||||
20 | writing in
accordance with this Section and procedures | ||||||
21 | established by the board.
| ||||||
22 | Additional optional contributions for the alternative | ||||||
23 | annuity shall
be as follows:
| ||||||
24 | (1) For service after the option is elected, an | ||||||
25 | additional contribution
of 3% of salary shall be |
| |||||||
| |||||||
1 | contributed to the Fund on the same basis and
under the | ||||||
2 | same conditions as contributions required under Sections | ||||||
3 | 8-174
and 8-182.
| ||||||
4 | (2) For service before the option is elected, an | ||||||
5 | additional
contribution of 3% of the salary for the | ||||||
6 | applicable period of service, plus
interest at the | ||||||
7 | effective rate from the date of service to the date of
| ||||||
8 | payment. All payments for past service must be paid in full | ||||||
9 | before credit
is given. No additional optional | ||||||
10 | contributions may be made for any period
of service for | ||||||
11 | which credit has been previously forfeited by acceptance of
| ||||||
12 | a refund, unless the refund is repaid in full with interest | ||||||
13 | at the
effective rate from the date of refund to the date | ||||||
14 | of repayment.
| ||||||
15 | (c) In lieu of the retirement annuity otherwise payable | ||||||
16 | under this
Article, any city officer elected by vote of the | ||||||
17 | people who (1) has
elected to participate in the Fund and make | ||||||
18 | additional optional
contributions in accordance with this | ||||||
19 | Section, and (2) has attained
age 55 with at least 10 years of | ||||||
20 | service credit, or has
attained age 60 with at least 8 years of | ||||||
21 | service credit, may
elect to have his retirement annuity | ||||||
22 | computed as follows: 3% of the
participant's salary at the time | ||||||
23 | of termination of service for each of the
first 8 years of | ||||||
24 | service credit, plus 4% of such salary for each of the
next 4 | ||||||
25 | years of service credit, plus 5% of such salary for each year | ||||||
26 | of
service credit in excess of 12 years, subject to a maximum |
| |||||||
| |||||||
1 | of 80% of such
salary. To the extent such elected city officer | ||||||
2 | has made additional
optional contributions with respect to only | ||||||
3 | a portion of his years of
service credit, his retirement | ||||||
4 | annuity will first be determined in
accordance with this | ||||||
5 | Section to the extent such additional optional
contributions | ||||||
6 | were made, and then in accordance with the remaining Sections
| ||||||
7 | of this Article to the extent of years of service credit with | ||||||
8 | respect to
which additional optional contributions were not | ||||||
9 | made.
| ||||||
10 | (d) In lieu of the disability benefits otherwise payable | ||||||
11 | under this
Article, any city officer elected by vote of the | ||||||
12 | people who (1) has
elected to participate in the Fund, and (2) | ||||||
13 | has become
permanently disabled and as a consequence is unable | ||||||
14 | to perform the duties
of his office, and (3) was making | ||||||
15 | optional contributions in accordance with
this Section at the | ||||||
16 | time the disability was incurred, may elect to receive
a | ||||||
17 | disability annuity calculated in accordance with the formula in
| ||||||
18 | subsection (c). For the purposes of this subsection, such | ||||||
19 | elected city
officer shall be considered permanently disabled | ||||||
20 | only if: (i) disability
occurs while in service as an elected | ||||||
21 | city officer and is of such a nature
as to prevent him from | ||||||
22 | reasonably performing the duties of his office at
the time; and | ||||||
23 | (ii) the board has received a written certification by at
least | ||||||
24 | 2 licensed physicians appointed by it stating that such officer | ||||||
25 | is
disabled and that the disability is likely to be permanent.
| ||||||
26 | (e) Refunds of additional optional contributions shall be |
| |||||||
| |||||||
1 | made on the
same basis and under the same conditions as | ||||||
2 | provided under Sections 8-168,
8-170 and 8-171. Interest shall | ||||||
3 | be credited at the effective rate on the
same basis and under | ||||||
4 | the same conditions as for other contributions.
Optional | ||||||
5 | contributions shall be accounted for in a separate Elected City
| ||||||
6 | Officer Optional Contribution Reserve. Optional contributions | ||||||
7 | under this
Section shall be included in the amount of employee | ||||||
8 | contributions used to
compute the tax levy under Section 8-173.
| ||||||
9 | (f) The effective date of this plan of optional alternative | ||||||
10 | benefits
and contributions shall be July 1, 1990, or the date | ||||||
11 | upon which approval is
received from the U.S. Internal Revenue | ||||||
12 | Service, whichever is later.
| ||||||
13 | The plan of optional alternative benefits and | ||||||
14 | contributions shall
not be available to any former city officer | ||||||
15 | or employee receiving an
annuity from the Fund on the effective | ||||||
16 | date of the plan, unless he
re-enters service as an elected | ||||||
17 | city officer and renders at least 3 years
of additional service | ||||||
18 | after the date of re-entry. However, a person who
holds office | ||||||
19 | as a city officer on June 1, 1995 may
elect to participate in | ||||||
20 | the plan, to transfer credits into the Fund from
other Articles | ||||||
21 | of this Code, and to make the contributions required for prior
| ||||||
22 | service, until 30 days after the effective date of this | ||||||
23 | amendatory Act
of the 92nd General Assembly, notwithstanding | ||||||
24 | the
ending of his term of
office prior to that effective date; | ||||||
25 | in the event that the person is already
receiving an annuity | ||||||
26 | from this Fund or any other Article of this Code at the
time of |
| |||||||
| |||||||
1 | making this election, the annuity shall be recalculated to | ||||||
2 | include any
increase resulting from participation in the plan, | ||||||
3 | with such increase taking
effect on the effective date of the | ||||||
4 | election.
| ||||||
5 | (g) Notwithstanding any other provision in this Section or | ||||||
6 | in this Code to the contrary, any person who first becomes a | ||||||
7 | city officer, as defined in this Section, on or after the | ||||||
8 | effective date of this amendatory Act of the 99th General | ||||||
9 | Assembly, shall not be eligible for the alternative annuity or | ||||||
10 | alternative disability benefits as provided in subsections | ||||||
11 | (a), (b), (c), and (d) of this Section or for the alternative | ||||||
12 | survivor's benefits as provided in Section 8-243.3. Such person | ||||||
13 | shall not be eligible, or be required, to make any additional | ||||||
14 | contributions beyond those required of other participants | ||||||
15 | under Sections 8-137, 8-174, and 8-182. The retirement annuity, | ||||||
16 | disability benefits, and survivor's benefits for a person who | ||||||
17 | first becomes a city officer on or after the effective date of | ||||||
18 | this amendatory Act of the 99th General Assembly shall be | ||||||
19 | determined pursuant to the provisions otherwise provided in | ||||||
20 | this Article. | ||||||
21 | (Source: P.A. 92-599, eff. 6-28-02.)
| ||||||
22 | (40 ILCS 5/8-244) (from Ch. 108 1/2, par. 8-244)
| ||||||
23 | Sec. 8-244. Annuities, etc., exempt.
| ||||||
24 | (a) All annuities, refunds,
pensions, and disability | ||||||
25 | benefits granted under this Article, shall be
exempt from |
| |||||||
| |||||||
1 | attachment or garnishment process and shall not be seized,
| ||||||
2 | taken, subjected to, detained, or levied upon by virtue of any | ||||||
3 | judgment, or
any process or proceeding whatsoever issued out of | ||||||
4 | or by any court in this
State, for the payment and satisfaction | ||||||
5 | in whole or in part of any debt,
damage, claim, demand, or | ||||||
6 | judgment against any annuitant, pensioner,
participant, refund | ||||||
7 | applicant, or other beneficiary hereunder.
| ||||||
8 | (b) No annuitant, pensioner, refund applicant, or other | ||||||
9 | beneficiary
shall have any right to transfer or assign his | ||||||
10 | annuity, refund, or disability
benefit or any part thereof by | ||||||
11 | way of mortgage or otherwise, except that:
| ||||||
12 | (1) an annuitant or pensioner who
elects or has elected | ||||||
13 | to participate in a non-profit group hospital care
plan or | ||||||
14 | group medical surgical plan may with the approval of the | ||||||
15 | board and
in conformity with its regulations authorize the | ||||||
16 | board to withhold from the
pension or annuity the current | ||||||
17 | premium for such coverage and pay such
premium to the | ||||||
18 | organization underwriting such plan;
| ||||||
19 | (2) in the case of refunds, a participant may pledge by | ||||||
20 | assignment, power
of attorney, or otherwise, as security | ||||||
21 | for a loan from a legally operating
credit union making | ||||||
22 | loans only to participants in certain public employee
| ||||||
23 | pension funds described in the Illinois Pension Code, all | ||||||
24 | or part of any
refund which may become payable to him in | ||||||
25 | the event of his separation from
service; and
| ||||||
26 | (3) the board, in its discretion, may pay to the wife |
| |||||||
| |||||||
1 | of any annuitant,
pensioner, refund applicant, or | ||||||
2 | disability beneficiary, such an amount out of
her husband's | ||||||
3 | annuity pension, refund, or disability benefit as any court | ||||||
4 | of
competent jurisdiction may order, or such an amount as | ||||||
5 | the board may consider
necessary for the support of his | ||||||
6 | wife or children, or both in the event of his
disappearance | ||||||
7 | or unexplained absence or of his failure to support such | ||||||
8 | wife
or children.
| ||||||
9 | (c) The board may retain out of any future annuity, | ||||||
10 | pension, refund or
disability benefit payments, such amount, or | ||||||
11 | amounts, as it may require for
the repayment of any moneys paid | ||||||
12 | to any annuitant, pensioner, refund
applicant, or disability | ||||||
13 | beneficiary through misrepresentation, fraud or
error. Any | ||||||
14 | such action of the board shall relieve and release the board | ||||||
15 | and
the fund from any liability for any moneys so withheld.
| ||||||
16 | (d) Whenever an annuity or disability benefit is payable to | ||||||
17 | a minor or
to a person certified by a medical doctor to be | ||||||
18 | under legal
disability, the board, in its discretion and when | ||||||
19 | it is in the best
interest of the person concerned, may waive | ||||||
20 | guardianship proceedings and pay
the annuity or benefit to the | ||||||
21 | person providing or caring for the minor or
person under legal | ||||||
22 | disability.
| ||||||
23 | In the event that a person certified by a medical doctor to | ||||||
24 | be under legal
disability (i) has no spouse, blood relative, or | ||||||
25 | other person providing or
caring for him or her, (ii) has no | ||||||
26 | guardian of his or her estate, and (iii) is
confined to a |
| |||||||
| |||||||
1 | Medicare approved, State certified nursing home or to a | ||||||
2 | publicly
owned and operated nursing home, hospital, or mental | ||||||
3 | institution, the Board
may pay any benefit due that person to | ||||||
4 | the nursing home, hospital, or mental
institution, to be used | ||||||
5 | for the sole benefit of the person under legal
disability.
| ||||||
6 | Payment in accordance with this subsection to a person, | ||||||
7 | nursing
home, hospital, or mental institution for the benefit | ||||||
8 | of a minor or person
under legal disability shall be an | ||||||
9 | absolute discharge of the Fund's liability
with respect to the | ||||||
10 | amount so paid. Any person, nursing home, hospital, or
mental | ||||||
11 | institution accepting payment under this subsection shall | ||||||
12 | notify the
Fund of the death or any other relevant change in | ||||||
13 | the status of the minor or
person under legal disability.
| ||||||
14 | (Source: P.A. 91-887, eff. 7-6-00.)
| ||||||
15 | (40 ILCS 5/8-244.1) (from Ch. 108 1/2, par. 8-244.1)
| ||||||
16 | Sec. 8-244.1. Payment of annuity other than direct.
| ||||||
17 | (a) The board, at the written direction and request of any | ||||||
18 | annuitant,
may, solely as an accommodation to such annuitant, | ||||||
19 | pay the annuity due him
to a bank, savings and loan association | ||||||
20 | or any other financial institution
insured by an agency of the | ||||||
21 | federal government, for deposit to his account,
or to a bank or | ||||||
22 | trust company for deposit in a trust established by him for
his | ||||||
23 | benefit with such bank, savings and loan association or trust | ||||||
24 | company,
and such annuitant may withdraw such direction at any
| ||||||
25 | time. The board may also, in the case of any disability |
| |||||||
| |||||||
1 | beneficiary or
annuitant for whom no estate guardian has been | ||||||
2 | appointed and who is
confined in a publicly owned and operated | ||||||
3 | mental institution, pay such
disability benefit or annuity due | ||||||
4 | such person to the superintendent or
other head of such | ||||||
5 | institution or hospital for deposit to such person's
trust fund | ||||||
6 | account maintained for him by such institution or hospital,
if | ||||||
7 | by law such trust fund accounts are authorized or recognized.
| ||||||
8 | (b) An annuitant formerly employed by the City of Chicago | ||||||
9 | may authorize
the withholding of a portion of his or her | ||||||
10 | annuity for payment of dues to the
labor organization which | ||||||
11 | formerly represented the annuitant when the annuitant
was an | ||||||
12 | active employee; however, no withholding shall be required | ||||||
13 | under this
subsection for payment to one labor organization | ||||||
14 | unless a minimum of 25
annuitants authorize such withholding. | ||||||
15 | The Board shall prescribe a form for
the authorization of | ||||||
16 | withholding of dues, release of name, social security
number | ||||||
17 | and address and shall provide such forms to employees, | ||||||
18 | annuitants and
labor organizations upon request. Amounts | ||||||
19 | withheld by the Board under this
subsection shall be promptly | ||||||
20 | paid over to the designated organizations,
indicating the | ||||||
21 | names, social security numbers and addresses of annuitants on
| ||||||
22 | whose behalf dues were withheld.
| ||||||
23 | At the request and at the expense of the labor organization | ||||||
24 | that formerly
represented the annuitant, the City of Chicago | ||||||
25 | shall coordinate mailings no
more than twice in any | ||||||
26 | twelve-month period to such annuitants and the Board
shall |
| |||||||
| |||||||
1 | supply current annuitant addresses to the City of Chicago upon | ||||||
2 | request.
These mailings shall be limited to informing the | ||||||
3 | annuitants of their rights
under this subsection (b), the form | ||||||
4 | authorizing the withholding of dues from
their annuity and | ||||||
5 | information supplied by the labor organization pertinent to
the | ||||||
6 | decision of whether to exercise the rights of this subsection. | ||||||
7 | To meet
this obligation, the City of Chicago shall, upon | ||||||
8 | request, create and update
records of all retirees for each | ||||||
9 | labor organization as far back in time as
records permit, | ||||||
10 | including their names, addresses, phone numbers and social
| ||||||
11 | security numbers.
| ||||||
12 | (Source: P.A. 90-766, eff. 8-14-98.)
| ||||||
13 | (40 ILCS 5/8-251) (from Ch. 108 1/2, par. 8-251)
| ||||||
14 | Sec. 8-251. Felony conviction.
| ||||||
15 | None of the benefits provided for in this Article shall be | ||||||
16 | paid to any
person who is convicted of any felony relating to | ||||||
17 | or arising out of or in
connection with his service as a | ||||||
18 | municipal employee.
| ||||||
19 | This section shall not operate to impair any contract or | ||||||
20 | vested right
heretofore acquired under any law or laws | ||||||
21 | continued in this Article, nor to
preclude the right to a | ||||||
22 | refund.
| ||||||
23 | Any refund required under this Article shall be calculated | ||||||
24 | based on that person's contributions to the Fund, less the | ||||||
25 | amount of any annuity benefit previously received by the person |
| |||||||
| |||||||
1 | or his or her beneficiaries. The changes made to this Section | ||||||
2 | by this amendatory Act of the 99th General Assembly apply only | ||||||
3 | to persons who first become participants under this Article on | ||||||
4 | or after the effective date of this amendatory Act of the 99th | ||||||
5 | General Assembly. | ||||||
6 | All future entrants entering service subsequent to July 11, | ||||||
7 | 1955 shall
be deemed to have consented to the provisions of | ||||||
8 | this section as a
condition of coverage.
| ||||||
9 | (Source: Laws 1963, p. 161.)
| ||||||
10 | (40 ILCS 5/11-125.9 new) | ||||||
11 | Sec. 11-125.9 Action by Fund against third party; | ||||||
12 | subrogation. In those cases where the injury or death for which | ||||||
13 | a disability or death benefit is payable under this Article was | ||||||
14 | caused under circumstances creating a legal liability on the | ||||||
15 | part of some person or entity (hereinafter "third party") to | ||||||
16 | pay damages to the employee, legal proceedings may be taken | ||||||
17 | against such third party to recover damages notwithstanding the | ||||||
18 | Fund's payment of or liability to pay disability or death | ||||||
19 | benefits under this Article. In such case, however, if the | ||||||
20 | action against such third party is brought by the injured | ||||||
21 | employee or his or her personal representative and judgment is | ||||||
22 | obtained and paid, or settlement is made with such third party, | ||||||
23 | either with or without suit, from the amount received by such | ||||||
24 | employee or personal representative, then there shall be paid | ||||||
25 | to the Fund the amount of money representing the death or |
| |||||||
| |||||||
1 | disability benefits paid or to be paid to the disabled employee | ||||||
2 | pursuant to the provisions of this Article. In all | ||||||
3 | circumstances where the action against a third party is brought | ||||||
4 | by the disabled employee or his or her personal representative, | ||||||
5 | the Fund shall have a claim or lien upon any recovery, by | ||||||
6 | judgment or settlement, out of which the disabled employee or | ||||||
7 | his or her personal representative might be compensated from | ||||||
8 | such third party. The Fund may satisfy or enforce any such | ||||||
9 | claim or lien only from that portion of a recovery that has | ||||||
10 | been, or can be, allocated or attributed to past and future | ||||||
11 | lost salary, which recovery is by judgment or settlement. The | ||||||
12 | Fund's claim or lien shall not be satisfied or enforced from | ||||||
13 | that portion of a recovery that has been, or can be, allocated | ||||||
14 | or attributed to medical care and treatment, pain and | ||||||
15 | suffering, loss of consortium, and attorney's fees and costs.
| ||||||
16 | Where action is brought by the disabled employee or his or her | ||||||
17 | personal representative he or she shall forthwith notify the | ||||||
18 | Fund, by personal service or registered mail, of such fact and | ||||||
19 | of the name of the court where such suit is brought, filing | ||||||
20 | proof of such notice in such action. The Fund may, at any time | ||||||
21 | thereafter, intervene in such action upon its own motion. | ||||||
22 | Therefore, no release or settlement of claim for damages by | ||||||
23 | reason of injury to the disabled employee, and no satisfaction | ||||||
24 | of judgment in such proceedings, shall be valid without the | ||||||
25 | written consent of the Board of Trustees authorized by this | ||||||
26 | Code to administer the Fund created under this Article, except |
| |||||||
| |||||||
1 | that such consent shall be provided expeditiously following a | ||||||
2 | settlement or judgment. | ||||||
3 | In the event the disabled employee or his or her personal | ||||||
4 | representative has not instituted an action against a third | ||||||
5 | party at a time when only 3 months remain before such action | ||||||
6 | would thereafter be barred by law, the Fund may, in its own | ||||||
7 | name or in the name of the personal representative, commence a | ||||||
8 | proceeding against such third party seeking the recovery of all | ||||||
9 | damages on account of injuries caused to the employee. From any | ||||||
10 | amount so recovered, the Fund shall pay to the personal | ||||||
11 | representative of such disabled employee all sums collected | ||||||
12 | from such third party by judgment or otherwise in excess of the | ||||||
13 | amount of disability or death benefits paid or to be paid under | ||||||
14 | this Article to the disabled employee or his or her personal | ||||||
15 | representative, and such costs, attorney's fees, and | ||||||
16 | reasonable expenses as may be incurred by the Fund in making | ||||||
17 | the collection or in enforcing such liability. The Fund's | ||||||
18 | recovery shall be satisfied only from that portion of a | ||||||
19 | recovery that has been, or can be, allocated or attributed to | ||||||
20 | past and future lost salary, which recovery is by judgment or | ||||||
21 | settlement. The Fund's recovery shall not be satisfied from | ||||||
22 | that portion of the recovery that has been or can be allocated | ||||||
23 | or attributed to medical care and treatment, pain and | ||||||
24 | suffering, loss of consortium, and attorney's fees and costs.
| ||||||
25 | Additionally, with respect to any right of subrogation asserted | ||||||
26 | by the Fund under this Section, the Fund, in the exercise of |
| |||||||
| |||||||
1 | discretion, may determine what amount from past or future | ||||||
2 | salary shall be appropriate under the circumstances to collect | ||||||
3 | from the recovery obtained on behalf of the disabled employee. | ||||||
4 | This Section applies only to persons who first become | ||||||
5 | members or participants under this Article on or after the | ||||||
6 | effective date of this amendatory Act of 99th General Assembly.
| ||||||
7 | (40 ILCS 5/11-169) (from Ch. 108 1/2, par. 11-169)
| ||||||
8 | (Text of Section WITHOUT the changes made by P.A. 98-641, | ||||||
9 | which has been held unconstitutional) | ||||||
10 | Sec. 11-169. Financing; tax levy.
| ||||||
11 | (a) Except as provided in subsection (f) of this Section, | ||||||
12 | the city
council of the city shall levy a tax annually upon all | ||||||
13 | taxable property in the
city at the rate that will produce a | ||||||
14 | sum which, when added to the amounts
deducted from the salaries | ||||||
15 | of the employees or otherwise contributed by them
and the | ||||||
16 | amounts deposited under subsection (f), will be sufficient for | ||||||
17 | the
requirements of this Article. For the years prior to the | ||||||
18 | year 1950 the tax
rate shall be as provided for under "The 1935 | ||||||
19 | Act". Beginning with the year
1950 to and including the year | ||||||
20 | 1969 such tax shall be not more than .036%
annually of the | ||||||
21 | value, as equalized or assessed by the Department of Revenue,
| ||||||
22 | of all taxable property within such city. Beginning with the | ||||||
23 | year 1970 and
each year thereafter through levy year 2016, the | ||||||
24 | city shall levy a tax annually at a rate on the dollar
of the | ||||||
25 | value, as equalized or assessed by the Department of Revenue
of |
| |||||||
| |||||||
1 | all taxable property within such city that will
produce, when | ||||||
2 | extended, not to exceed an amount equal to the total
amount of | ||||||
3 | contributions by the employees to the fund
made in the calendar | ||||||
4 | year 2 years prior to the year for which the annual
applicable | ||||||
5 | tax is levied, multiplied by 1.1 for the years 1970, 1971 and
| ||||||
6 | 1972; 1.145 for the year 1973; 1.19 for the year 1974; 1.235 | ||||||
7 | for the
year 1975; 1.280 for the year 1976; 1.325 for the year | ||||||
8 | 1977; 1.370
for the years 1978 through 1998; and 1.000 for the | ||||||
9 | year 1999
and for each year thereafter through levy year 2016. | ||||||
10 | Beginning in levy year 2017, and in each year thereafter, the | ||||||
11 | levy shall not exceed the amount of the city's total required | ||||||
12 | contribution to the Fund for the next payment year, as | ||||||
13 | determined under subsection (a-5). For the purposes of this | ||||||
14 | Section, the payment year is the year immediately following the | ||||||
15 | levy year .
| ||||||
16 | The tax shall be levied and collected in like manner with | ||||||
17 | the general
taxes of the city, and shall be exclusive of and in | ||||||
18 | addition to the
amount of tax the city is now or may hereafter | ||||||
19 | be authorized to levy for
general purposes under any laws which | ||||||
20 | may limit the amount of tax which
the city may levy for general | ||||||
21 | purposes. The county clerk of the county
in which the city is | ||||||
22 | located, in reducing tax levies under the
provisions of any Act | ||||||
23 | concerning the levy and extension of taxes, shall
not consider | ||||||
24 | the tax herein provided for as a part of the general tax
levy | ||||||
25 | for city purposes, and shall not include the same within any
| ||||||
26 | limitation of the per cent of the assessed valuation upon which |
| |||||||
| |||||||
1 | taxes
are required to be extended for such city.
| ||||||
2 | Revenues derived from such tax shall be paid to the city | ||||||
3 | treasurer of
the city as collected and held by the city | ||||||
4 | treasurer him for the benefit of the fund.
| ||||||
5 | If the payments on account of taxes are insufficient during | ||||||
6 | any year
to meet the requirements of this Article, the city may | ||||||
7 | issue tax
anticipation warrants against the current tax levy.
| ||||||
8 | The city may continue to use other lawfully available funds | ||||||
9 | in lieu of all or part of the levy, as provided under | ||||||
10 | subsection (f) of this Section. | ||||||
11 | (a-5) (1) Beginning in payment year 2018, the city's | ||||||
12 | required annual contribution to the Fund for payment years 2018 | ||||||
13 | through 2022 shall be: for 2018, $36,000,000; for 2019, | ||||||
14 | $48,000,000; for 2020, $60,000,000; for 2021, $72,000,000; and | ||||||
15 | for 2022, $84,000,000. | ||||||
16 | (2) For payment years 2023 through 2058, the city's | ||||||
17 | required annual contribution to the Fund shall be the amount | ||||||
18 | determined by the Fund to be equal to the sum of (i) the city's | ||||||
19 | portion of projected normal cost for that fiscal year, plus | ||||||
20 | (ii) an amount determined on a level percentage of applicable | ||||||
21 | employee payroll basis that is sufficient to bring the total | ||||||
22 | actuarial assets of the Fund up to 90% of the total actuarial | ||||||
23 | liabilities of the Fund by the end of 2058. | ||||||
24 | (3) For payment years after 2058, the city's required | ||||||
25 | annual contribution to the Fund shall be equal to the amount, | ||||||
26 | if any, needed to bring the total actuarial assets of the Fund |
| |||||||
| |||||||
1 | up to 90% of the total actuarial liabilities of the Fund as of | ||||||
2 | the end of the year. In making the determinations under | ||||||
3 | paragraphs (2) and (3) of this subsection, the actuarial | ||||||
4 | calculations shall be determined under the entry age normal | ||||||
5 | actuarial cost method, and any actuarial gains or losses from | ||||||
6 | investment return incurred in a fiscal year shall be recognized | ||||||
7 | in equal annual amounts over the 5-year period following the | ||||||
8 | fiscal year. | ||||||
9 | To the extent that the city's contribution for any of the | ||||||
10 | payment years referenced in this subsection is made with | ||||||
11 | property taxes, those property taxes shall be levied, | ||||||
12 | collected, and paid to the Fund in a like manner with the | ||||||
13 | general taxes of the city. | ||||||
14 | (a-10) If the city fails to transmit to the Fund | ||||||
15 | contributions required of it under this Article by December 31 | ||||||
16 | of the year in which such contributions are due, the Fund may, | ||||||
17 | after giving notice to the city, certify to the State | ||||||
18 | Comptroller the amounts of the delinquent payments, and the | ||||||
19 | Comptroller must, beginning in payment year 2018, deduct and | ||||||
20 | deposit into the Fund the certified amounts or a portion of | ||||||
21 | those amounts from the following proportions of grants of State | ||||||
22 | funds to the city: | ||||||
23 | (1) in payment year 2018, one-third of the total amount | ||||||
24 | of any grants of State funds to the city; | ||||||
25 | (2) in payment year 2019, two-thirds of the total | ||||||
26 | amount of any grants of State funds to the city; and |
| |||||||
| |||||||
1 | (3) in payment year 2020 and each payment year | ||||||
2 | thereafter, the total amount of any grants of State funds | ||||||
3 | to the city. | ||||||
4 | The State Comptroller may not deduct from any grants of | ||||||
5 | State funds to the city more than the amount of delinquent | ||||||
6 | payments certified to the State Comptroller by the Fund. | ||||||
7 | (b) On or before July 1, 2017, and each July 1 thereafter | ||||||
8 | January 10, annually , the board shall certify to notify the
| ||||||
9 | city council the annual amounts required under of the | ||||||
10 | requirement of this Article , for which that the tax herein
| ||||||
11 | provided shall be levied for the following that current year. | ||||||
12 | The board shall compute
the amounts necessary for the purposes | ||||||
13 | of this fund to be credited to
the reserves established and | ||||||
14 | maintained as herein provided, and shall
make an annual | ||||||
15 | determination of the amount of the required city
contributions; | ||||||
16 | and certify the results thereof to the city council.
| ||||||
17 | (c) In respect to employees of the city who are transferred | ||||||
18 | to the
employment of a park district by virtue of "Exchange of | ||||||
19 | Functions Act of
1957" the corporate authorities of the park | ||||||
20 | district shall annually levy
a tax upon all the taxable | ||||||
21 | property in the park district at such rate
per cent of the | ||||||
22 | value of such property, as equalized or assessed by the
| ||||||
23 | Department of Revenue, as shall be sufficient, when
added to | ||||||
24 | the amounts deducted from their salaries and
otherwise | ||||||
25 | contributed by them, to provide the benefits to which they and
| ||||||
26 | their dependents and beneficiaries are entitled under this |
| |||||||
| |||||||
1 | Article. The
city shall not levy a tax hereunder in respect to | ||||||
2 | such employees.
| ||||||
3 | The tax so levied by the park district shall be in addition | ||||||
4 | to and
exclusive of all other taxes authorized to be levied by | ||||||
5 | the park
district for corporate, annuity fund, or other | ||||||
6 | purposes. The county
clerk of the county in which the park | ||||||
7 | district is located, in reducing
any tax levied under the | ||||||
8 | provisions of any Act concerning the levy and
extension of | ||||||
9 | taxes shall not consider such tax as part of the general
tax | ||||||
10 | levy for park purposes, and shall not include the same in any
| ||||||
11 | limitation of the per cent of the assessed valuation upon which | ||||||
12 | taxes
are required to be extended for the park district. The | ||||||
13 | proceeds of the
tax levied by the park district, upon receipt | ||||||
14 | by the district, shall be
immediately paid over to the city | ||||||
15 | treasurer of the city for the uses and
purposes of the fund.
| ||||||
16 | The various sums to be contributed by the city and | ||||||
17 | allocated for the
purposes of this Article, and any interest to | ||||||
18 | be contributed by the city,
shall be taken from the revenue | ||||||
19 | derived from the taxes authorized in this
Section, and no money | ||||||
20 | of such city derived from any source other than
the levy and | ||||||
21 | collection of those taxes or the sale of tax
anticipation | ||||||
22 | warrants in accordance with the provisions of this Article | ||||||
23 | shall
be used to provide revenue for this Article, except as | ||||||
24 | expressly provided in
this Section.
| ||||||
25 | If it is not possible for the city to make contributions | ||||||
26 | for age and
service annuity and widow's annuity concurrently |
| |||||||
| |||||||
1 | with the employee's
contributions made for such purposes, such | ||||||
2 | city shall
make such contributions as soon as possible and | ||||||
3 | practicable thereafter
with interest thereon at the effective | ||||||
4 | rate to the time they shall be
made.
| ||||||
5 | (d) With respect to employees whose wages are funded as | ||||||
6 | participants
under the Comprehensive Employment and Training | ||||||
7 | Act of 1973, as amended
(P.L. 93-203, 87 Stat. 839, P.L. | ||||||
8 | 93-567, 88 Stat. 1845), hereinafter
referred to as CETA, | ||||||
9 | subsequent to October 1, 1978, and in instances
where the board | ||||||
10 | has elected to establish a manpower program reserve, the
board | ||||||
11 | shall compute the amounts necessary to be credited to the | ||||||
12 | manpower
program reserves established and maintained as herein | ||||||
13 | provided, and
shall make a periodic determination of the amount | ||||||
14 | of required
contributions from the City to the reserve to be | ||||||
15 | reimbursed by the
federal government in accordance with rules | ||||||
16 | and regulations established
by the Secretary of the United | ||||||
17 | States Department of Labor or his
designee, and certify the | ||||||
18 | results thereof to the City Council. Any such
amounts shall | ||||||
19 | become a credit to the City and will be used to reduce the
| ||||||
20 | amount which the City would otherwise contribute during | ||||||
21 | succeeding years
for all employees.
| ||||||
22 | (e) In lieu of establishing a manpower program reserve with | ||||||
23 | respect
to employees whose wages are funded as participants | ||||||
24 | under the
Comprehensive Employment and Training Act of 1973, as | ||||||
25 | authorized by
subsection (d), the board may elect to establish | ||||||
26 | a special municipality
contribution rate for all such |
| |||||||
| |||||||
1 | employees. If this option is elected,
the City shall contribute | ||||||
2 | to the Fund from federal funds provided under
the Comprehensive | ||||||
3 | Employment and Training Act program at the special
rate so | ||||||
4 | established and such contributions shall become a credit to the
| ||||||
5 | City and be used to reduce the amount which the City would | ||||||
6 | otherwise
contribute during succeeding years for all | ||||||
7 | employees.
| ||||||
8 | (f) In lieu of levying all or a portion of the tax required | ||||||
9 | under this
Section in any year, the city may deposit with the | ||||||
10 | city treasurer no later than
March 1 of that year for the | ||||||
11 | benefit of the fund, to be held in accordance with
this | ||||||
12 | Article, an amount that, together with the taxes levied under | ||||||
13 | this Section
for that year, is not less than the amount of the | ||||||
14 | city contributions for that
year as certified by the board to | ||||||
15 | the city council. The deposit may be derived
from any source | ||||||
16 | legally available for that purpose, including, but not limited
| ||||||
17 | to, the proceeds of city borrowings. The making of a deposit | ||||||
18 | shall satisfy
fully the requirements of this Section for that | ||||||
19 | year to the extent of the
amounts so deposited. Amounts | ||||||
20 | deposited under this subsection may be used by
the fund for any | ||||||
21 | of the purposes for which the proceeds of the tax levied by
the | ||||||
22 | city under this Section may be used, including the payment of | ||||||
23 | any amount
that is otherwise required by this Article to be | ||||||
24 | paid from the proceeds of that
tax.
| ||||||
25 | (Source: P.A. 90-31, eff. 6-27-97; 90-766, eff. 8-14-98.)
|
| |||||||
| |||||||
1 | (40 ILCS 5/11-170) (from Ch. 108 1/2, par. 11-170)
| ||||||
2 | (Text of Section WITHOUT the changes made by P.A. 98-641, | ||||||
3 | which has been held unconstitutional) | ||||||
4 | Sec. 11-170. Contributions for age and service annuities | ||||||
5 | for present
employees, future entrants and re-entrants.
| ||||||
6 | (a) Beginning on the effective date and prior to July 1, | ||||||
7 | 1947, 3
1/4%; and beginning on July 1, 1947 and prior to July | ||||||
8 | 1, 1953, 5%; and
beginning July 1, 1953 and prior to January 1, | ||||||
9 | 1972, 6%; and beginning
January 1, 1972, 6 1/2% of each payment | ||||||
10 | of the salary of each present
employee, future entrant and | ||||||
11 | re-entrant , except as provided in subsection (a-5) and (a-10), | ||||||
12 | shall be contributed to the fund
as a deduction from salary for | ||||||
13 | age and service annuity. | ||||||
14 | (a-5) Except as provided in subsection (a-10), for an | ||||||
15 | employee who on or after January 1, 2011 and prior to this | ||||||
16 | amendatory Act of the 99th General Assembly first became a | ||||||
17 | member or participant under this Article and made the election | ||||||
18 | under item (i) of subsection (d-10) of Section 1-160: prior to | ||||||
19 | this amendatory Act of the 99th General Assembly, 6.5%; and | ||||||
20 | beginning on the effective date of this amendatory Act of the | ||||||
21 | 99th General Assembly and prior to January 1, 2018, 7.5%; and | ||||||
22 | beginning January 1, 2018, and prior to January 1, 2019, 8.5%; | ||||||
23 | and, beginning January 1, 2019 and thereafter, 9.5% of each | ||||||
24 | payment of salary shall be contributed to the fund as a | ||||||
25 | deduction from salary for age and service annuity. Beginning | ||||||
26 | with the first pay period on or after the date when the funded |
| |||||||
| |||||||
1 | ratio of the Fund is first determined to have reached the 90% | ||||||
2 | funding goal, and each pay period thereafter for as long as the | ||||||
3 | Fund maintains a funding ratio of 75% or more, employee | ||||||
4 | contributions for age and service annuity for those employees | ||||||
5 | who made the election under item (i) of subsection (d-10) of | ||||||
6 | Section 1-160 shall be 5.5% of each payment of salary. If the | ||||||
7 | funding ratio falls below 75%, then employee contributions for | ||||||
8 | age and service annuity for those employees who made the | ||||||
9 | election under item (i) of subsection (d-10) shall revert to | ||||||
10 | 9.5% until such time as the Fund once again is determined to | ||||||
11 | have reached a funding ratio of 75%, at which time the 5.5% of | ||||||
12 | salary employee contribution for age and service annuity shall | ||||||
13 | resume. An employee who made the election under item (ii) of | ||||||
14 | subsection (d-10) of Section 1-160 shall continue to have the | ||||||
15 | contributions for age and service annuities determined under | ||||||
16 | subsection (a) of this Section. | ||||||
17 | (a-10) For each employee who on or after the effective date | ||||||
18 | of this amendatory Act of the 99th General Assembly first | ||||||
19 | becomes a member or participant under this Article, 9.5% of | ||||||
20 | each payment of his or her salary shall be contributed to the | ||||||
21 | fund as a deduction from salary for age and service annuity. | ||||||
22 | Beginning with the first pay period on or after the date when | ||||||
23 | the funded ratio of the Fund is first determined to have | ||||||
24 | reached the 90% funding goal, and each pay period thereafter | ||||||
25 | for as long as the Fund maintains a funding ratio of 75% or | ||||||
26 | more, employee contributions for age and service annuity for |
| |||||||
| |||||||
1 | each employee subject to this subsection (a-10) shall be 5.5% | ||||||
2 | of each payment of salary. If the funding ratio falls below | ||||||
3 | 75%, then employee contributions for age and service annuity | ||||||
4 | for each employee subject to this subsection (a-10) shall | ||||||
5 | revert to 9.5% until such time as the Fund once again is | ||||||
6 | determined to have reached a funding ratio of 75%, at which | ||||||
7 | time the 5.5% of salary contribution for age and service | ||||||
8 | annuity shall resume. | ||||||
9 | Such deductions
beginning on the effective date and prior | ||||||
10 | to June 30, 1947, inclusive
shall be made for a future entrant | ||||||
11 | while he is in service until he
attains age 65, and for a | ||||||
12 | present employee while he is in service until
the amount so | ||||||
13 | deducted from his salary with interest at the rate of 4%
per | ||||||
14 | annum shall be equal to the sum which would have accumulated to | ||||||
15 | his
credit from sums deducted from his salary if deductions at | ||||||
16 | the rate
herein stated had been made during his entire service | ||||||
17 | until he attained
age 65 with interest at 4% per annum for the | ||||||
18 | period subsequent to his
attainment of age 65. Such deductions | ||||||
19 | beginning July 1, 1947 shall be
made and continued for | ||||||
20 | employees while in the service.
| ||||||
21 | (b) (Blank). Concurrently with each employee contribution, | ||||||
22 | the city shall
contribute beginning on the effective date and | ||||||
23 | prior to July 1, 1947, 5
3/4%; and beginning July 1, 1947 and | ||||||
24 | prior to July 1, 1953, 7%; and
beginning July 1, 1953, 6% of | ||||||
25 | each payment of such salary until the
employee attains age 65.
| ||||||
26 | (c) Each employee contribution made prior to the date age |
| |||||||
| |||||||
1 | and
service annuity for an employee is fixed and each | ||||||
2 | corresponding city
contribution shall be allocated to the | ||||||
3 | account of and credited to the
employee for whose benefit it is | ||||||
4 | made.
| ||||||
5 | (d) Notwithstanding Section 1-103.1, the changes to this | ||||||
6 | Section made by this amendatory Act of the 99th General | ||||||
7 | Assembly apply regardless of whether the employee was in active | ||||||
8 | service on or after the effective date of this amendatory Act. | ||||||
9 | (Source: P.A. 81-1536.)
| ||||||
10 | (40 ILCS 5/11-197.7 new) | ||||||
11 | Sec. 11-197.7. Payment of annuity other than direct. The | ||||||
12 | board, at the written direction and request of any annuitant, | ||||||
13 | may, solely as an accommodation to such annuitant, pay the | ||||||
14 | annuity due him or her to a bank, savings and loan association, | ||||||
15 | or any other financial institution insured by an agency of the | ||||||
16 | federal government, for deposit to his or her account, or to a | ||||||
17 | bank or trust company for deposit in a trust established by him | ||||||
18 | or her for his benefit with such bank, savings and loan | ||||||
19 | association, or trust company, and such annuitant may withdraw | ||||||
20 | such direction at any time. The board may also, in the case of | ||||||
21 | any disability beneficiary or annuitant for whom no estate | ||||||
22 | guardian has been appointed and who is confined in a publicly | ||||||
23 | owned and operated mental institution, pay such disability | ||||||
24 | benefit or annuity due such person to the superintendent or | ||||||
25 | other head of such institution or hospital for deposit to such |
| |||||||
| |||||||
1 | person's trust fund account maintained for him or her by such | ||||||
2 | institution or hospital, if by law such trust fund accounts are | ||||||
3 | authorized or recognized.
| ||||||
4 | (40 ILCS 5/11-223.1) (from Ch. 108 1/2, par. 11-223.1)
| ||||||
5 | Sec. 11-223.1. Assignment for health, hospital and medical | ||||||
6 | insurance.
| ||||||
7 | The board may provide, by regulation, that any annuitant or | ||||||
8 | pensioner,
may assign his annuity or disability benefit, or any | ||||||
9 | part thereof, for the
purpose of premium payment for a | ||||||
10 | membership for the annuitant, and his or
her spouse and | ||||||
11 | children, in a non-profit group hospital care plan or group
| ||||||
12 | medical surgical plan, provided, however, that the board may, | ||||||
13 | in its
discretion, terminate the right of assignment. Any such | ||||||
14 | hospital or medical
insurance plan may include provision for | ||||||
15 | the beneficiaries thereof who rely
on treatment by spiritual | ||||||
16 | means alone through prayer for healing in
accordance with the | ||||||
17 | tenets and practice of a well recognized religious
| ||||||
18 | denomination.
| ||||||
19 | Upon the adoption of a regulation permitting such | ||||||
20 | assignment, the board
shall establish and administer a plan for | ||||||
21 | the maintenance of the insurance
plan membership by the | ||||||
22 | annuitant or pensioner.
| ||||||
23 | (Source: Laws 1965, p. 2290.)
| ||||||
24 | (40 ILCS 5/11-230) (from Ch. 108 1/2, par. 11-230)
|
| |||||||
| |||||||
1 | Sec. 11-230. Felony conviction.
| ||||||
2 | None of the benefits provided in this Article shall be paid | ||||||
3 | to any
person who is convicted of any felony relating to or | ||||||
4 | arising out of or in
connection with his service as employee.
| ||||||
5 | This section shall not operate to impair any contract or | ||||||
6 | vested right
heretofore acquired under any law or laws | ||||||
7 | continued in this Article, nor to
preclude the right to a | ||||||
8 | refund.
| ||||||
9 | Any refund required under this Article shall be calculated | ||||||
10 | based on that person's contributions to the Fund, less the | ||||||
11 | amount of any annuity benefit previously received by the person | ||||||
12 | or his or beneficiaries. The changes made to this Section by | ||||||
13 | this amendatory Act of the 99th General Assembly apply only to | ||||||
14 | persons who first become members or participants under this | ||||||
15 | Article on or after the effective date of this amendatory Act | ||||||
16 | of the 99th General Assembly. | ||||||
17 | All future entrants entering service after July 11, 1955, | ||||||
18 | shall be
deemed to have consented to the provisions of this | ||||||
19 | section as a condition
of coverage.
| ||||||
20 | (Source: Laws 1963, p. 161.)
| ||||||
21 | (40 ILCS 5/8-173.1 rep.) | ||||||
22 | (40 ILCS 5/11-169.1 rep.) | ||||||
23 | Section 10. The Illinois Pension Code is amended by | ||||||
24 | repealing Sections 8-173.1 and 11-169.1.
|
| |||||||
| |||||||
1 | Section 90. The State Mandates Act is amended by adding | ||||||
2 | Section 8.40 as follows:
| ||||||
3 | (30 ILCS 805/8.40 new) | ||||||
4 | Sec. 8.40. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
5 | of this Act, no reimbursement by the State is required for the | ||||||
6 | implementation of any mandate created by this amendatory Act of | ||||||
7 | the 99th General Assembly.
| ||||||
8 | Section 97. Inseverability and severability. The changes
| ||||||
9 | made by this Act are inseverable, except that the changes made | ||||||
10 | to
Sections 8-228.5 and 11-125.9 of the Illinois Pension Code | ||||||
11 | are severable under
Section 1.31 of the Statute on Statutes.
| ||||||
12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.".
|