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1 | AN ACT concerning public employee benefits.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||||||||
4 | Section 5. If and only if the Supreme Court of Illinois, in | ||||||||||||||||||||||||||||||||||
5 | the consolidated case of In re Pension Reform Litigation, No. | ||||||||||||||||||||||||||||||||||
6 | 118585, finds that either: Public Act 98-599 is | ||||||||||||||||||||||||||||||||||
7 | unconstitutional in its entirety; or that the changes made by | ||||||||||||||||||||||||||||||||||
8 | Public Act 98-599 to Sections 1-103.3, 2-124, 14-131, 15-155, | ||||||||||||||||||||||||||||||||||
9 | 16-158, and 18-131 of the Illinois Pension Code are | ||||||||||||||||||||||||||||||||||
10 | unconstitutional, the Illinois Pension Code is amended by | ||||||||||||||||||||||||||||||||||
11 | changing Sections 1-103.3, 2-124, 14-131, 15-155, 16-158, and | ||||||||||||||||||||||||||||||||||
12 | 18-131 as follows:
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13 | (40 ILCS 5/1-103.3)
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14 | Sec. 1-103.3. Application of 1994 amendment; funding | ||||||||||||||||||||||||||||||||||
15 | standard.
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16 | (a) The provisions of Public Act 88-593 that change the | ||||||||||||||||||||||||||||||||||
17 | method of
calculating, certifying, and paying the required | ||||||||||||||||||||||||||||||||||
18 | State contributions to the
retirement systems established | ||||||||||||||||||||||||||||||||||
19 | under Articles 2, 14, 15, 16, and 18 shall
first apply to the | ||||||||||||||||||||||||||||||||||
20 | State contributions required for State fiscal year 1996.
| ||||||||||||||||||||||||||||||||||
21 | (b) (Blank).
| ||||||||||||||||||||||||||||||||||
22 | (b-5) The General Assembly declares that a funding ratio | ||||||||||||||||||||||||||||||||||
23 | (the ratio of a retirement system's total assets to its total |
| |||||||
| |||||||
1 | actuarial liabilities) of 100% is an appropriate goal for | ||||||
2 | State-funded retirement systems in Illinois, and it finds that | ||||||
3 | a funding ratio of 100% is now the generally-recognized norm | ||||||
4 | throughout the nation for public employee retirement systems | ||||||
5 | that are considered to be financially secure and funded in an | ||||||
6 | appropriate and responsible manner. | ||||||
7 | (c) Every 5 years, beginning in 1999, the Commission on | ||||||
8 | Government Forecasting and Accountability, in consultation | ||||||
9 | with the affected retirement systems and the
Governor's Office | ||||||
10 | of Management and Budget (formerly
Bureau
of the Budget), shall | ||||||
11 | consider and determine whether the 100% funding ratio goals
| ||||||
12 | adopted in Articles 2, 14, 15, 16, and 18 of this Code continue | ||||||
13 | to represent appropriate funding goals for
those retirement | ||||||
14 | systems, and it shall report its findings
and recommendations | ||||||
15 | on this subject to the Governor and the General Assembly.
| ||||||
16 | (Source: P.A. 98-599, eff. 6-1-14 .)
| ||||||
17 | (40 ILCS 5/2-124) (from Ch. 108 1/2, par. 2-124)
| ||||||
18 | Sec. 2-124. Contributions by State.
| ||||||
19 | (a) The State shall make contributions to the System by
| ||||||
20 | appropriations of amounts which, together with the | ||||||
21 | contributions of
participants, interest earned on investments, | ||||||
22 | and other income
will meet the cost of maintaining and | ||||||
23 | administering the System on a 100%
funded basis in accordance | ||||||
24 | with actuarial recommendations by the end of State fiscal year | ||||||
25 | 2044 .
|
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| |||||||
1 | (b) The Board shall determine the amount of State
| ||||||
2 | contributions required for each fiscal year on the basis of the
| ||||||
3 | actuarial tables and other assumptions adopted by the Board and | ||||||
4 | the
prescribed rate of interest, using the formula in | ||||||
5 | subsection (c).
| ||||||
6 | (c) For State fiscal years 2016 through 2045, the minimum
| ||||||
7 | contribution to the System to be made by the State for each
| ||||||
8 | fiscal year shall be an amount determined by the System to be
| ||||||
9 | sufficient to bring the total assets of the System up to 100%
| ||||||
10 | of the total actuarial liabilities of the System by the end
of | ||||||
11 | State fiscal year 2045. In making these determinations, the
| ||||||
12 | required State contribution shall be calculated each year as a
| ||||||
13 | level percentage of payroll over the years remaining to and
| ||||||
14 | including fiscal year 2045 and shall be determined under the
| ||||||
15 | projected unit credit actuarial cost method. | ||||||
16 | For State fiscal year years 2015 through 2044 , the minimum | ||||||
17 | contribution
to the System to be made by the State for the each | ||||||
18 | fiscal year shall be an amount
determined by the System to be | ||||||
19 | equal to the sum of (1) the State's portion of the projected | ||||||
20 | normal cost for the that fiscal year, plus (2) an amount | ||||||
21 | sufficient to bring the total assets of the
System up to 100% | ||||||
22 | of the total actuarial liabilities of the System by the end of
| ||||||
23 | State fiscal year 2044. In making these determinations, the | ||||||
24 | required State
contribution shall be calculated each year as a | ||||||
25 | level percentage of payroll
over the years remaining to and | ||||||
26 | including fiscal year 2044 and shall be
determined under the |
| |||||||
| |||||||
1 | projected unit cost method for fiscal year 2015 and under the | ||||||
2 | entry age normal actuarial cost method for fiscal years 2016 | ||||||
3 | through 2044 . | ||||||
4 | For State fiscal years 2012 through 2014, the minimum | ||||||
5 | contribution
to the System to be made by the State for each | ||||||
6 | fiscal year shall be an amount
determined by the System to be | ||||||
7 | sufficient to bring the total assets of the
System up to 90% of | ||||||
8 | the total actuarial liabilities of the System by the end of
| ||||||
9 | State fiscal year 2045. In making these determinations, the | ||||||
10 | required State
contribution shall be calculated each year as a | ||||||
11 | level percentage of payroll
over the years remaining to and | ||||||
12 | including fiscal year 2045 and shall be
determined under the | ||||||
13 | projected unit credit actuarial cost method.
| ||||||
14 | For State fiscal years 1996 through 2005, the State | ||||||
15 | contribution to
the System, as a percentage of the applicable | ||||||
16 | employee payroll, shall be
increased in equal annual increments | ||||||
17 | so that by State fiscal year 2011, the
State is contributing at | ||||||
18 | the rate required under this Section.
| ||||||
19 | Notwithstanding any other provision of this Article, the | ||||||
20 | total required State
contribution for State fiscal year 2006 is | ||||||
21 | $4,157,000.
| ||||||
22 | Notwithstanding any other provision of this Article, the | ||||||
23 | total required State
contribution for State fiscal year 2007 is | ||||||
24 | $5,220,300.
| ||||||
25 | For each of State fiscal years 2008 through 2009, the State | ||||||
26 | contribution to
the System, as a percentage of the applicable |
| |||||||
| |||||||
1 | employee payroll, shall be
increased in equal annual increments | ||||||
2 | from the required State contribution for State fiscal year | ||||||
3 | 2007, so that by State fiscal year 2011, the
State is | ||||||
4 | contributing at the rate otherwise required under this Section.
| ||||||
5 | Notwithstanding any other provision of this Article, the | ||||||
6 | total required State contribution for State fiscal year 2010 is | ||||||
7 | $10,454,000 and shall be made from the proceeds of bonds sold | ||||||
8 | in fiscal year 2010 pursuant to Section 7.2 of the General | ||||||
9 | Obligation Bond Act, less (i) the pro rata share of bond sale | ||||||
10 | expenses determined by the System's share of total bond | ||||||
11 | proceeds, (ii) any amounts received from the General Revenue | ||||||
12 | Fund in fiscal year 2010, and (iii) any reduction in bond | ||||||
13 | proceeds due to the issuance of discounted bonds, if | ||||||
14 | applicable. | ||||||
15 | Notwithstanding any other provision of this Article, the
| ||||||
16 | total required State contribution for State fiscal year 2011 is
| ||||||
17 | the amount recertified by the System on or before April 1, 2011 | ||||||
18 | pursuant to Section 2-134 and shall be made from the proceeds | ||||||
19 | of bonds sold
in fiscal year 2011 pursuant to Section 7.2 of | ||||||
20 | the General
Obligation Bond Act, less (i) the pro rata share of | ||||||
21 | bond sale
expenses determined by the System's share of total | ||||||
22 | bond
proceeds, (ii) any amounts received from the General | ||||||
23 | Revenue
Fund in fiscal year 2011, and (iii) any reduction in | ||||||
24 | bond
proceeds due to the issuance of discounted bonds, if
| ||||||
25 | applicable. | ||||||
26 | Beginning in State fiscal year 2045, the minimum State |
| |||||||
| |||||||
1 | contribution for each fiscal year shall be the amount needed to | ||||||
2 | maintain the total assets of the System at 100% of the total | ||||||
3 | actuarial liabilities of the System.
| ||||||
4 | Amounts received by the System pursuant to Section 25 of | ||||||
5 | the Budget Stabilization Act or Section 8.12 of the State | ||||||
6 | Finance Act in any fiscal year do not reduce and do not | ||||||
7 | constitute payment of any portion of the minimum State | ||||||
8 | contribution required under this Article in that fiscal year. | ||||||
9 | Such amounts shall not reduce, and shall not be included in the | ||||||
10 | calculation of, the required State contributions under this | ||||||
11 | Article in any future year until the System has reached a | ||||||
12 | funding ratio of at least 100%. A reference in this Article to | ||||||
13 | the "required State contribution" or any substantially similar | ||||||
14 | term does not include or apply to any amounts payable to the | ||||||
15 | System under Section 25 of the Budget Stabilization Act.
| ||||||
16 | Notwithstanding any other provision of this Section, the | ||||||
17 | required State
contribution for State fiscal year 2005 and for | ||||||
18 | fiscal year 2008 and each fiscal year thereafter through State | ||||||
19 | fiscal year 2014, as
calculated under this Section and
| ||||||
20 | certified under Section 2-134, shall not exceed an amount equal | ||||||
21 | to (i) the
amount of the required State contribution that would | ||||||
22 | have been calculated under
this Section for that fiscal year if | ||||||
23 | the System had not received any payments
under subsection (d) | ||||||
24 | of Section 7.2 of the General Obligation Bond Act, minus
(ii) | ||||||
25 | the portion of the State's total debt service payments for that | ||||||
26 | fiscal
year on the bonds issued in fiscal year 2003 for the |
| |||||||
| |||||||
1 | purposes of that Section 7.2, as determined
and certified by | ||||||
2 | the Comptroller, that is the same as the System's portion of
| ||||||
3 | the total moneys distributed under subsection (d) of Section | ||||||
4 | 7.2 of the General
Obligation Bond Act. In determining this | ||||||
5 | maximum for State fiscal years 2008 through 2010, however, the | ||||||
6 | amount referred to in item (i) shall be increased, as a | ||||||
7 | percentage of the applicable employee payroll, in equal | ||||||
8 | increments calculated from the sum of the required State | ||||||
9 | contribution for State fiscal year 2007 plus the applicable | ||||||
10 | portion of the State's total debt service payments for fiscal | ||||||
11 | year 2007 on the bonds issued in fiscal year 2003 for the | ||||||
12 | purposes of Section 7.2 of the General
Obligation Bond Act, so | ||||||
13 | that, by State fiscal year 2011, the
State is contributing at | ||||||
14 | the rate otherwise required under this Section.
| ||||||
15 | (d) For purposes of determining the required State | ||||||
16 | contribution to the System, the value of the System's assets | ||||||
17 | shall be equal to the actuarial value of the System's assets, | ||||||
18 | which shall be calculated as follows: | ||||||
19 | As of June 30, 2008, the actuarial value of the System's | ||||||
20 | assets shall be equal to the market value of the assets as of | ||||||
21 | that date. In determining the actuarial value of the System's | ||||||
22 | assets for fiscal years after June 30, 2008, any actuarial | ||||||
23 | gains or losses from investment return incurred in a fiscal | ||||||
24 | year shall be recognized in equal annual amounts over the | ||||||
25 | 5-year period following that fiscal year. | ||||||
26 | (e) For purposes of determining the required State |
| |||||||
| |||||||
1 | contribution to the system for a particular year, the actuarial | ||||||
2 | value of assets shall be assumed to earn a rate of return equal | ||||||
3 | to the system's actuarially assumed rate of return. | ||||||
4 | (Source: P.A. 97-813, eff. 7-13-12; 98-599, eff. 6-1-14 .)
| ||||||
5 | (40 ILCS 5/14-131)
| ||||||
6 | Sec. 14-131. Contributions by State.
| ||||||
7 | (a) The State shall make contributions to the System by | ||||||
8 | appropriations of
amounts which, together with other employer | ||||||
9 | contributions from trust, federal,
and other funds, employee | ||||||
10 | contributions, investment income, and other income,
will be | ||||||
11 | sufficient to meet the cost of maintaining and administering | ||||||
12 | the System
on a 100% funded basis in accordance with actuarial | ||||||
13 | recommendations by the end of State fiscal year 2044 .
| ||||||
14 | For the purposes of this Section and Section 14-135.08, | ||||||
15 | references to State
contributions refer only to employer | ||||||
16 | contributions and do not include employee
contributions that | ||||||
17 | are picked up or otherwise paid by the State or a
department on | ||||||
18 | behalf of the employee.
| ||||||
19 | (b) The Board shall determine the total amount of State | ||||||
20 | contributions
required for each fiscal year on the basis of the | ||||||
21 | actuarial tables and other
assumptions adopted by the Board, | ||||||
22 | using the formula in subsection (e).
| ||||||
23 | The Board shall also determine a State contribution rate | ||||||
24 | for each fiscal
year, expressed as a percentage of payroll, | ||||||
25 | based on the total required State
contribution for that fiscal |
| |||||||
| |||||||
1 | year (less the amount received by the System from
| ||||||
2 | appropriations under Section 8.12 of the State Finance Act and | ||||||
3 | Section 1 of the
State Pension Funds Continuing Appropriation | ||||||
4 | Act, if any, for the fiscal year
ending on the June 30 | ||||||
5 | immediately preceding the applicable November 15
certification | ||||||
6 | deadline), the estimated payroll (including all forms of
| ||||||
7 | compensation) for personal services rendered by eligible | ||||||
8 | employees, and the
recommendations of the actuary.
| ||||||
9 | For the purposes of this Section and Section 14.1 of the | ||||||
10 | State Finance Act,
the term "eligible employees" includes | ||||||
11 | employees who participate in the System,
persons who may elect | ||||||
12 | to participate in the System but have not so elected,
persons | ||||||
13 | who are serving a qualifying period that is required for | ||||||
14 | participation,
and annuitants employed by a department as | ||||||
15 | described in subdivision (a)(1) or
(a)(2) of Section 14-111.
| ||||||
16 | (c) Contributions shall be made by the several departments | ||||||
17 | for each pay
period by warrants drawn by the State Comptroller | ||||||
18 | against their respective
funds or appropriations based upon | ||||||
19 | vouchers stating the amount to be so
contributed. These amounts | ||||||
20 | shall be based on the full rate certified by the
Board under | ||||||
21 | Section 14-135.08 for that fiscal year.
From the effective date | ||||||
22 | of this amendatory Act of the 93rd General
Assembly through the | ||||||
23 | payment of the final payroll from fiscal year 2004
| ||||||
24 | appropriations, the several departments shall not make | ||||||
25 | contributions
for the remainder of fiscal year 2004 but shall | ||||||
26 | instead make payments
as required under subsection (a-1) of |
| |||||||
| |||||||
1 | Section 14.1 of the State Finance Act.
The several departments | ||||||
2 | shall resume those contributions at the commencement of
fiscal | ||||||
3 | year 2005.
| ||||||
4 | (c-1) Notwithstanding subsection (c) of this Section, for | ||||||
5 | fiscal years 2010, 2012, 2013, 2014, and 2015 only, | ||||||
6 | contributions by the several departments are not required to be | ||||||
7 | made for General Revenue Funds payrolls processed by the | ||||||
8 | Comptroller. Payrolls paid by the several departments from all | ||||||
9 | other State funds must continue to be processed pursuant to | ||||||
10 | subsection (c) of this Section. | ||||||
11 | (c-2) For State fiscal years 2010, 2012, 2013, 2014, and | ||||||
12 | 2015 only, on or as soon as possible after the 15th day of each | ||||||
13 | month, the Board shall submit vouchers for payment of State | ||||||
14 | contributions to the System, in a total monthly amount of | ||||||
15 | one-twelfth of the fiscal year General Revenue Fund | ||||||
16 | contribution as certified by the System pursuant to Section | ||||||
17 | 14-135.08 of the Illinois Pension Code. | ||||||
18 | (d) If an employee is paid from trust funds or federal | ||||||
19 | funds, the
department or other employer shall pay employer | ||||||
20 | contributions from those funds
to the System at the certified | ||||||
21 | rate, unless the terms of the trust or the
federal-State | ||||||
22 | agreement preclude the use of the funds for that purpose, in
| ||||||
23 | which case the required employer contributions shall be paid by | ||||||
24 | the State.
From the effective date of this amendatory
Act of | ||||||
25 | the 93rd General Assembly through the payment of the final
| ||||||
26 | payroll from fiscal year 2004 appropriations, the department or |
| |||||||
| |||||||
1 | other
employer shall not pay contributions for the remainder of | ||||||
2 | fiscal year
2004 but shall instead make payments as required | ||||||
3 | under subsection (a-1) of
Section 14.1 of the State Finance | ||||||
4 | Act. The department or other employer shall
resume payment of
| ||||||
5 | contributions at the commencement of fiscal year 2005.
| ||||||
6 | (e) For State fiscal years 2016 through 2045, the minimum | ||||||
7 | contribution to the System to be made by the State for each | ||||||
8 | fiscal year shall be an amount determined by the System to be | ||||||
9 | sufficient to bring the total assets of the System up to 100% | ||||||
10 | of the total actuarial liabilities of the System by the end of | ||||||
11 | State fiscal year 2045. In making these determinations, the | ||||||
12 | required State contribution shall be calculated each year as a | ||||||
13 | level percentage of payroll over the years remaining to and | ||||||
14 | including fiscal year 2045 and shall be determined under the | ||||||
15 | projected unit credit actuarial cost method. | ||||||
16 | For State fiscal year years 2015 through 2044 , the minimum | ||||||
17 | contribution
to the System to be made by the State for the each | ||||||
18 | fiscal year shall be an amount
determined by the System to be | ||||||
19 | equal to the sum of (1) the State's portion of the projected | ||||||
20 | normal cost for the that fiscal year, plus (2) an amount | ||||||
21 | sufficient to bring the total assets of the
System up to 100% | ||||||
22 | of the total actuarial liabilities of the System by the end of
| ||||||
23 | State fiscal year 2044. In making these determinations, the | ||||||
24 | required State
contribution shall be calculated each year as a | ||||||
25 | level percentage of payroll
over the years remaining to and | ||||||
26 | including fiscal year 2044 and shall be
determined under the |
| |||||||
| |||||||
1 | projected unit cost method for fiscal year 2015 and under the | ||||||
2 | entry age normal actuarial cost method for fiscal years 2016 | ||||||
3 | through 2044 . | ||||||
4 | For State fiscal years 2012 through 2014, the minimum | ||||||
5 | contribution
to the System to be made by the State for each | ||||||
6 | fiscal year shall be an amount
determined by the System to be | ||||||
7 | sufficient to bring the total assets of the
System up to 90% of | ||||||
8 | the total actuarial liabilities of the System by the end
of | ||||||
9 | State fiscal year 2045. In making these determinations, the | ||||||
10 | required State
contribution shall be calculated each year as a | ||||||
11 | level percentage of payroll
over the years remaining to and | ||||||
12 | including fiscal year 2045 and shall be
determined under the | ||||||
13 | projected unit credit actuarial cost method.
| ||||||
14 | For State fiscal years 1996 through 2005, the State | ||||||
15 | contribution to
the System, as a percentage of the applicable | ||||||
16 | employee payroll, shall be
increased in equal annual increments | ||||||
17 | so that by State fiscal year 2011, the
State is contributing at | ||||||
18 | the rate required under this Section; except that
(i) for State | ||||||
19 | fiscal year 1998, for all purposes of this Code and any other
| ||||||
20 | law of this State, the certified percentage of the applicable | ||||||
21 | employee payroll
shall be 5.052% for employees earning eligible | ||||||
22 | creditable service under Section
14-110 and 6.500% for all | ||||||
23 | other employees, notwithstanding any contrary
certification | ||||||
24 | made under Section 14-135.08 before the effective date of this
| ||||||
25 | amendatory Act of 1997, and (ii)
in the following specified | ||||||
26 | State fiscal years, the State contribution to
the System shall |
| |||||||
| |||||||
1 | not be less than the following indicated percentages of the
| ||||||
2 | applicable employee payroll, even if the indicated percentage | ||||||
3 | will produce a
State contribution in excess of the amount | ||||||
4 | otherwise required under this
subsection and subsection (a):
| ||||||
5 | 9.8% in FY 1999;
10.0% in FY 2000;
10.2% in FY 2001;
10.4% in FY | ||||||
6 | 2002;
10.6% in FY 2003; and
10.8% in FY 2004.
| ||||||
7 | Notwithstanding any other provision of this Article, the | ||||||
8 | total required State
contribution to the System for State | ||||||
9 | fiscal year 2006 is $203,783,900.
| ||||||
10 | Notwithstanding any other provision of this Article, the | ||||||
11 | total required State
contribution to the System for State | ||||||
12 | fiscal year 2007 is $344,164,400.
| ||||||
13 | For each of State fiscal years 2008 through 2009, the State | ||||||
14 | contribution to
the System, as a percentage of the applicable | ||||||
15 | employee payroll, shall be
increased in equal annual increments | ||||||
16 | from the required State contribution for State fiscal year | ||||||
17 | 2007, so that by State fiscal year 2011, the
State is | ||||||
18 | contributing at the rate otherwise required under this Section.
| ||||||
19 | Notwithstanding any other provision of this Article, the | ||||||
20 | total required State General Revenue Fund contribution for | ||||||
21 | State fiscal year 2010 is $723,703,100 and shall be made from | ||||||
22 | the proceeds of bonds sold in fiscal year 2010 pursuant to | ||||||
23 | Section 7.2 of the General Obligation Bond Act, less (i) the | ||||||
24 | pro rata share of bond sale expenses determined by the System's | ||||||
25 | share of total bond proceeds, (ii) any amounts received from | ||||||
26 | the General Revenue Fund in fiscal year 2010, and (iii) any |
| |||||||
| |||||||
1 | reduction in bond proceeds due to the issuance of discounted | ||||||
2 | bonds, if applicable. | ||||||
3 | Notwithstanding any other provision of this Article, the
| ||||||
4 | total required State General Revenue Fund contribution for
| ||||||
5 | State fiscal year 2011 is the amount recertified by the System | ||||||
6 | on or before April 1, 2011 pursuant to Section 14-135.08 and | ||||||
7 | shall be made from
the proceeds of bonds sold in fiscal year | ||||||
8 | 2011 pursuant to
Section 7.2 of the General Obligation Bond | ||||||
9 | Act, less (i) the
pro rata share of bond sale expenses | ||||||
10 | determined by the System's
share of total bond proceeds, (ii) | ||||||
11 | any amounts received from
the General Revenue Fund in fiscal | ||||||
12 | year 2011, and (iii) any
reduction in bond proceeds due to the | ||||||
13 | issuance of discounted
bonds, if applicable. | ||||||
14 | Beginning in State fiscal year 2046 2045 , the minimum State | ||||||
15 | contribution for each fiscal year shall be the amount needed to | ||||||
16 | maintain the total assets of the System at 100% of the total | ||||||
17 | actuarial liabilities of the System.
| ||||||
18 | Amounts received by the System pursuant to Section 25 of | ||||||
19 | the Budget Stabilization Act or Section 8.12 of the State | ||||||
20 | Finance Act in any fiscal year do not reduce and do not | ||||||
21 | constitute payment of any portion of the minimum State | ||||||
22 | contribution required under this Article in that fiscal year. | ||||||
23 | Such amounts shall not reduce, and shall not be included in the | ||||||
24 | calculation of, the required State contributions under this | ||||||
25 | Article in any future year until the System has reached a | ||||||
26 | funding ratio of at least 100%. A reference in this Article to |
| |||||||
| |||||||
1 | the "required State contribution" or any substantially similar | ||||||
2 | term does not include or apply to any amounts payable to the | ||||||
3 | System under Section 25 of the Budget Stabilization Act.
| ||||||
4 | Notwithstanding any other provision of this Section, the | ||||||
5 | required State
contribution for State fiscal year 2005 and for | ||||||
6 | fiscal year 2008 and each fiscal year thereafter through State | ||||||
7 | fiscal year 2014, as
calculated under this Section and
| ||||||
8 | certified under Section 14-135.08, shall not exceed an amount | ||||||
9 | equal to (i) the
amount of the required State contribution that | ||||||
10 | would have been calculated under
this Section for that fiscal | ||||||
11 | year if the System had not received any payments
under | ||||||
12 | subsection (d) of Section 7.2 of the General Obligation Bond | ||||||
13 | Act, minus
(ii) the portion of the State's total debt service | ||||||
14 | payments for that fiscal
year on the bonds issued in fiscal | ||||||
15 | year 2003 for the purposes of that Section 7.2, as determined
| ||||||
16 | and certified by the Comptroller, that is the same as the | ||||||
17 | System's portion of
the total moneys distributed under | ||||||
18 | subsection (d) of Section 7.2 of the General
Obligation Bond | ||||||
19 | Act. In determining this maximum for State fiscal years 2008 | ||||||
20 | through 2010, however, the amount referred to in item (i) shall | ||||||
21 | be increased, as a percentage of the applicable employee | ||||||
22 | payroll, in equal increments calculated from the sum of the | ||||||
23 | required State contribution for State fiscal year 2007 plus the | ||||||
24 | applicable portion of the State's total debt service payments | ||||||
25 | for fiscal year 2007 on the bonds issued in fiscal year 2003 | ||||||
26 | for the purposes of Section 7.2 of the General
Obligation Bond |
| |||||||
| |||||||
1 | Act, so that, by State fiscal year 2011, the
State is | ||||||
2 | contributing at the rate otherwise required under this Section.
| ||||||
3 | (f) After the submission of all payments for eligible | ||||||
4 | employees
from personal services line items in fiscal year 2004 | ||||||
5 | have been made,
the Comptroller shall provide to the System a | ||||||
6 | certification of the sum
of all fiscal year 2004 expenditures | ||||||
7 | for personal services that would
have been covered by payments | ||||||
8 | to the System under this Section if the
provisions of this | ||||||
9 | amendatory Act of the 93rd General Assembly had not been
| ||||||
10 | enacted. Upon
receipt of the certification, the System shall | ||||||
11 | determine the amount
due to the System based on the full rate | ||||||
12 | certified by the Board under
Section 14-135.08 for fiscal year | ||||||
13 | 2004 in order to meet the State's
obligation under this | ||||||
14 | Section. The System shall compare this amount
due to the amount | ||||||
15 | received by the System in fiscal year 2004 through
payments | ||||||
16 | under this Section and under Section 6z-61 of the State Finance | ||||||
17 | Act.
If the amount
due is more than the amount received, the | ||||||
18 | difference shall be termed the
"Fiscal Year 2004 Shortfall" for | ||||||
19 | purposes of this Section, and the
Fiscal Year 2004 Shortfall | ||||||
20 | shall be satisfied under Section 1.2 of the State
Pension Funds | ||||||
21 | Continuing Appropriation Act. If the amount due is less than | ||||||
22 | the
amount received, the
difference shall be termed the "Fiscal | ||||||
23 | Year 2004 Overpayment" for purposes of
this Section, and the | ||||||
24 | Fiscal Year 2004 Overpayment shall be repaid by
the System to | ||||||
25 | the Pension Contribution Fund as soon as practicable
after the | ||||||
26 | certification.
|
| |||||||
| |||||||
1 | (g) For purposes of determining the required State | ||||||
2 | contribution to the System, the value of the System's assets | ||||||
3 | shall be equal to the actuarial value of the System's assets, | ||||||
4 | which shall be calculated as follows: | ||||||
5 | As of June 30, 2008, the actuarial value of the System's | ||||||
6 | assets shall be equal to the market value of the assets as of | ||||||
7 | that date. In determining the actuarial value of the System's | ||||||
8 | assets for fiscal years after June 30, 2008, any actuarial | ||||||
9 | gains or losses from investment return incurred in a fiscal | ||||||
10 | year shall be recognized in equal annual amounts over the | ||||||
11 | 5-year period following that fiscal year. | ||||||
12 | (h) For purposes of determining the required State | ||||||
13 | contribution to the System for a particular year, the actuarial | ||||||
14 | value of assets shall be assumed to earn a rate of return equal | ||||||
15 | to the System's actuarially assumed rate of return. | ||||||
16 | (i) After the submission of all payments for eligible | ||||||
17 | employees from personal services line items paid from the | ||||||
18 | General Revenue Fund in fiscal year 2010 have been made, the | ||||||
19 | Comptroller shall provide to the System a certification of the | ||||||
20 | sum of all fiscal year 2010 expenditures for personal services | ||||||
21 | that would have been covered by payments to the System under | ||||||
22 | this Section if the provisions of this amendatory Act of the | ||||||
23 | 96th General Assembly had not been enacted. Upon receipt of the | ||||||
24 | certification, the System shall determine the amount due to the | ||||||
25 | System based on the full rate certified by the Board under | ||||||
26 | Section 14-135.08 for fiscal year 2010 in order to meet the |
| |||||||
| |||||||
1 | State's obligation under this Section. The System shall compare | ||||||
2 | this amount due to the amount received by the System in fiscal | ||||||
3 | year 2010 through payments under this Section. If the amount | ||||||
4 | due is more than the amount received, the difference shall be | ||||||
5 | termed the "Fiscal Year 2010 Shortfall" for purposes of this | ||||||
6 | Section, and the Fiscal Year 2010 Shortfall shall be satisfied | ||||||
7 | under Section 1.2 of the State Pension Funds Continuing | ||||||
8 | Appropriation Act. If the amount due is less than the amount | ||||||
9 | received, the difference shall be termed the "Fiscal Year 2010 | ||||||
10 | Overpayment" for purposes of this Section, and the Fiscal Year | ||||||
11 | 2010 Overpayment shall be repaid by the System to the General | ||||||
12 | Revenue Fund as soon as practicable after the certification. | ||||||
13 | (j) After the submission of all payments for eligible | ||||||
14 | employees from personal services line items paid from the | ||||||
15 | General Revenue Fund in fiscal year 2011 have been made, the | ||||||
16 | Comptroller shall provide to the System a certification of the | ||||||
17 | sum of all fiscal year 2011 expenditures for personal services | ||||||
18 | that would have been covered by payments to the System under | ||||||
19 | this Section if the provisions of this amendatory Act of the | ||||||
20 | 96th General Assembly had not been enacted. Upon receipt of the | ||||||
21 | certification, the System shall determine the amount due to the | ||||||
22 | System based on the full rate certified by the Board under | ||||||
23 | Section 14-135.08 for fiscal year 2011 in order to meet the | ||||||
24 | State's obligation under this Section. The System shall compare | ||||||
25 | this amount due to the amount received by the System in fiscal | ||||||
26 | year 2011 through payments under this Section. If the amount |
| |||||||
| |||||||
1 | due is more than the amount received, the difference shall be | ||||||
2 | termed the "Fiscal Year 2011 Shortfall" for purposes of this | ||||||
3 | Section, and the Fiscal Year 2011 Shortfall shall be satisfied | ||||||
4 | under Section 1.2 of the State Pension Funds Continuing | ||||||
5 | Appropriation Act. If the amount due is less than the amount | ||||||
6 | received, the difference shall be termed the "Fiscal Year 2011 | ||||||
7 | Overpayment" for purposes of this Section, and the Fiscal Year | ||||||
8 | 2011 Overpayment shall be repaid by the System to the General | ||||||
9 | Revenue Fund as soon as practicable after the certification. | ||||||
10 | (k) For fiscal years 2012 through 2015 only, after the | ||||||
11 | submission of all payments for eligible employees from personal | ||||||
12 | services line items paid from the General Revenue Fund in the | ||||||
13 | fiscal year have been made, the Comptroller shall provide to | ||||||
14 | the System a certification of the sum of all expenditures in | ||||||
15 | the fiscal year for personal services. Upon receipt of the | ||||||
16 | certification, the System shall determine the amount due to the | ||||||
17 | System based on the full rate certified by the Board under | ||||||
18 | Section 14-135.08 for the fiscal year in order to meet the | ||||||
19 | State's obligation under this Section. The System shall compare | ||||||
20 | this amount due to the amount received by the System for the | ||||||
21 | fiscal year. If the amount due is more than the amount | ||||||
22 | received, the difference shall be termed the "Prior Fiscal Year | ||||||
23 | Shortfall" for purposes of this Section, and the Prior Fiscal | ||||||
24 | Year Shortfall shall be satisfied under Section 1.2 of the | ||||||
25 | State Pension Funds Continuing Appropriation Act. If the amount | ||||||
26 | due is less than the amount received, the difference shall be |
| |||||||
| |||||||
1 | termed the "Prior Fiscal Year Overpayment" for purposes of this | ||||||
2 | Section, and the Prior Fiscal Year Overpayment shall be repaid | ||||||
3 | by the System to the General Revenue Fund as soon as | ||||||
4 | practicable after the certification. | ||||||
5 | (Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24, | ||||||
6 | eff. 6-19-13; 98-599, eff. 6-1-14; 98-674, eff. 6-30-14.)
| ||||||
7 | (40 ILCS 5/15-155) (from Ch. 108 1/2, par. 15-155)
| ||||||
8 | Sec. 15-155. Employer contributions.
| ||||||
9 | (a) The State of Illinois shall make contributions by | ||||||
10 | appropriations of
amounts which, together with the other | ||||||
11 | employer contributions from trust,
federal, and other funds, | ||||||
12 | employee contributions, income from investments,
and other | ||||||
13 | income of this System, will be sufficient to meet the cost of
| ||||||
14 | maintaining and administering the System on a 100% funded basis | ||||||
15 | in accordance
with actuarial recommendations by the end of | ||||||
16 | State fiscal year 2044 .
| ||||||
17 | The Board shall determine the amount of State contributions | ||||||
18 | required for
each fiscal year on the basis of the actuarial | ||||||
19 | tables and other assumptions
adopted by the Board and the | ||||||
20 | recommendations of the actuary, using the formula
in subsection | ||||||
21 | (a-1).
| ||||||
22 | (a-1) For State fiscal years 2016 through 2045, the minimum
| ||||||
23 | contribution to the System to be made by the State for each
| ||||||
24 | fiscal year shall be an amount determined by the System to be
| ||||||
25 | sufficient to bring the total assets of the System up to 100% |
| |||||||
| |||||||
1 | of the total actuarial liabilities of the System by the end of | ||||||
2 | State fiscal year 2045. In making these determinations, the | ||||||
3 | required State contribution shall be calculated each year as a | ||||||
4 | level percentage of payroll over the years remaining to and | ||||||
5 | including fiscal year 2045 and shall be determined under the | ||||||
6 | projected unit credit actuarial cost method. | ||||||
7 | For State fiscal year years 2015 through 2044 , the minimum | ||||||
8 | contribution
to the System to be made by the State for the each | ||||||
9 | fiscal year shall be an amount
determined by the System to be | ||||||
10 | equal to the sum of (1) the State's portion of the projected | ||||||
11 | normal cost for the that fiscal year, plus (2) an amount | ||||||
12 | sufficient to bring the total assets of the System up to 100% | ||||||
13 | of the total actuarial liabilities of the System by the end of | ||||||
14 | the State fiscal year 2044. In making these determinations, the | ||||||
15 | required State contribution shall be calculated each year as a | ||||||
16 | level percentage of payroll over the years remaining to and | ||||||
17 | including fiscal year 2044 and shall be determined under the | ||||||
18 | projected unit cost method for fiscal year 2015 and under the | ||||||
19 | entry age normal actuarial cost method for fiscal years 2016 | ||||||
20 | through 2044 . | ||||||
21 | For State fiscal years 2012 through 2014, the minimum | ||||||
22 | contribution
to the System to be made by the State for each | ||||||
23 | fiscal year shall be an amount
determined by the System to be | ||||||
24 | sufficient to bring the total assets of the
System up to 90% of | ||||||
25 | the total actuarial liabilities of the System by the end of
| ||||||
26 | State fiscal year 2045. In making these determinations, the |
| |||||||
| |||||||
1 | required State
contribution shall be calculated each year as a | ||||||
2 | level percentage of payroll
over the years remaining to and | ||||||
3 | including fiscal year 2045 and shall be
determined under the | ||||||
4 | projected unit credit actuarial cost method.
| ||||||
5 | For State fiscal years 1996 through 2005, the State | ||||||
6 | contribution to
the System, as a percentage of the applicable | ||||||
7 | employee payroll, shall be
increased in equal annual increments | ||||||
8 | so that by State fiscal year 2011, the
State is contributing at | ||||||
9 | the rate required under this Section.
| ||||||
10 | Notwithstanding any other provision of this Article, the | ||||||
11 | total required State
contribution for State fiscal year 2006 is | ||||||
12 | $166,641,900.
| ||||||
13 | Notwithstanding any other provision of this Article, the | ||||||
14 | total required State
contribution for State fiscal year 2007 is | ||||||
15 | $252,064,100.
| ||||||
16 | For each of State fiscal years 2008 through 2009, the State | ||||||
17 | contribution to
the System, as a percentage of the applicable | ||||||
18 | employee payroll, shall be
increased in equal annual increments | ||||||
19 | from the required State contribution for State fiscal year | ||||||
20 | 2007, so that by State fiscal year 2011, the
State is | ||||||
21 | contributing at the rate otherwise required under this Section.
| ||||||
22 | Notwithstanding any other provision of this Article, the | ||||||
23 | total required State contribution for State fiscal year 2010 is | ||||||
24 | $702,514,000 and shall be made from the State Pensions Fund and | ||||||
25 | proceeds of bonds sold in fiscal year 2010 pursuant to Section | ||||||
26 | 7.2 of the General Obligation Bond Act, less (i) the pro rata |
| |||||||
| |||||||
1 | share of bond sale expenses determined by the System's share of | ||||||
2 | total bond proceeds, (ii) any amounts received from the General | ||||||
3 | Revenue Fund in fiscal year 2010, (iii) any reduction in bond | ||||||
4 | proceeds due to the issuance of discounted bonds, if | ||||||
5 | applicable. | ||||||
6 | Notwithstanding any other provision of this Article, the
| ||||||
7 | total required State contribution for State fiscal year 2011 is
| ||||||
8 | the amount recertified by the System on or before April 1, 2011 | ||||||
9 | pursuant to Section 15-165 and shall be made from the State | ||||||
10 | Pensions Fund and
proceeds of bonds sold in fiscal year 2011 | ||||||
11 | pursuant to Section
7.2 of the General Obligation Bond Act, | ||||||
12 | less (i) the pro rata
share of bond sale expenses determined by | ||||||
13 | the System's share of
total bond proceeds, (ii) any amounts | ||||||
14 | received from the General
Revenue Fund in fiscal year 2011, and | ||||||
15 | (iii) any reduction in bond
proceeds due to the issuance of | ||||||
16 | discounted bonds, if
applicable. | ||||||
17 | Beginning in State fiscal year 2046 2045 , the minimum | ||||||
18 | contribution
for each fiscal year shall be the amount
needed to | ||||||
19 | maintain the total assets of the System at 100% of the total | ||||||
20 | liabilities of the System.
| ||||||
21 | Amounts received by the System pursuant to Section 25 of | ||||||
22 | the Budget Stabilization Act or Section 8.12 of the State | ||||||
23 | Finance Act in any fiscal year do not reduce and do not | ||||||
24 | constitute payment of any portion of the minimum State | ||||||
25 | contribution required under this Article in that fiscal year. | ||||||
26 | Such amounts shall not reduce, and shall not be included in the |
| |||||||
| |||||||
1 | calculation of, the required State contributions under this | ||||||
2 | Article in any future year until the System has reached a | ||||||
3 | funding ratio of at least 100%. A reference in this Article to | ||||||
4 | the "required State contribution" or any substantially similar | ||||||
5 | term does not include or apply to any amounts payable to the | ||||||
6 | System under Section 25 of the Budget Stabilization Act. | ||||||
7 | Notwithstanding any other provision of this Section, the | ||||||
8 | required State
contribution for State fiscal year 2005 and for | ||||||
9 | fiscal year 2008 and each fiscal year thereafter through State | ||||||
10 | fiscal year 2014, as
calculated under this Section and
| ||||||
11 | certified under Section 15-165, shall not exceed an amount | ||||||
12 | equal to (i) the
amount of the required State contribution that | ||||||
13 | would have been calculated under
this Section for that fiscal | ||||||
14 | year if the System had not received any payments
under | ||||||
15 | subsection (d) of Section 7.2 of the General Obligation Bond | ||||||
16 | Act, minus
(ii) the portion of the State's total debt service | ||||||
17 | payments for that fiscal
year on the bonds issued in fiscal | ||||||
18 | year 2003 for the purposes of that Section 7.2, as determined
| ||||||
19 | and certified by the Comptroller, that is the same as the | ||||||
20 | System's portion of
the total moneys distributed under | ||||||
21 | subsection (d) of Section 7.2 of the General
Obligation Bond | ||||||
22 | Act. In determining this maximum for State fiscal years 2008 | ||||||
23 | through 2010, however, the amount referred to in item (i) shall | ||||||
24 | be increased, as a percentage of the applicable employee | ||||||
25 | payroll, in equal increments calculated from the sum of the | ||||||
26 | required State contribution for State fiscal year 2007 plus the |
| |||||||
| |||||||
1 | applicable portion of the State's total debt service payments | ||||||
2 | for fiscal year 2007 on the bonds issued in fiscal year 2003 | ||||||
3 | for the purposes of Section 7.2 of the General
Obligation Bond | ||||||
4 | Act, so that, by State fiscal year 2011, the
State is | ||||||
5 | contributing at the rate otherwise required under this Section.
| ||||||
6 | (b) If an employee is paid from trust or federal funds, the | ||||||
7 | employer
shall pay to the Board contributions from those funds | ||||||
8 | which are
sufficient to cover the accruing normal costs on | ||||||
9 | behalf of the employee.
However, universities having employees | ||||||
10 | who are compensated out of local
auxiliary funds, income funds, | ||||||
11 | or service enterprise funds are not required
to pay such | ||||||
12 | contributions on behalf of those employees. The local auxiliary
| ||||||
13 | funds, income funds, and service enterprise funds of | ||||||
14 | universities shall not be
considered trust funds for the | ||||||
15 | purpose of this Article, but funds of alumni
associations, | ||||||
16 | foundations, and athletic associations which are affiliated | ||||||
17 | with
the universities included as employers under this Article | ||||||
18 | and other employers
which do not receive State appropriations | ||||||
19 | are considered to be trust funds for
the purpose of this | ||||||
20 | Article.
| ||||||
21 | (b-1) The City of Urbana and the City of Champaign shall | ||||||
22 | each make
employer contributions to this System for their | ||||||
23 | respective firefighter
employees who participate in this | ||||||
24 | System pursuant to subsection (h) of Section
15-107. The rate | ||||||
25 | of contributions to be made by those municipalities shall
be | ||||||
26 | determined annually by the Board on the basis of the actuarial |
| |||||||
| |||||||
1 | assumptions
adopted by the Board and the recommendations of the | ||||||
2 | actuary, and shall be
expressed as a percentage of salary for | ||||||
3 | each such employee. The Board shall
certify the rate to the | ||||||
4 | affected municipalities as soon as may be practical.
The | ||||||
5 | employer contributions required under this subsection shall be | ||||||
6 | remitted by
the municipality to the System at the same time and | ||||||
7 | in the same manner as
employee contributions.
| ||||||
8 | (c) Through State fiscal year 1995: The total employer | ||||||
9 | contribution shall
be apportioned among the various funds of | ||||||
10 | the State and other employers,
whether trust, federal, or other | ||||||
11 | funds, in accordance with actuarial procedures
approved by the | ||||||
12 | Board. State of Illinois contributions for employers receiving
| ||||||
13 | State appropriations for personal services shall be payable | ||||||
14 | from appropriations
made to the employers or to the System. The | ||||||
15 | contributions for Class I
community colleges covering earnings | ||||||
16 | other than those paid from trust and
federal funds, shall be | ||||||
17 | payable solely from appropriations to the Illinois
Community | ||||||
18 | College Board or the System for employer contributions.
| ||||||
19 | (d) Beginning in State fiscal year 1996, the required State | ||||||
20 | contributions
to the System shall be appropriated directly to | ||||||
21 | the System and shall be payable
through vouchers issued in | ||||||
22 | accordance with subsection (c) of Section 15-165, except as | ||||||
23 | provided in subsection (g).
| ||||||
24 | (e) The State Comptroller shall draw warrants payable to | ||||||
25 | the System upon
proper certification by the System or by the | ||||||
26 | employer in accordance with the
appropriation laws and this |
| |||||||
| |||||||
1 | Code.
| ||||||
2 | (f) Normal costs under this Section means liability for
| ||||||
3 | pensions and other benefits which accrues to the System because | ||||||
4 | of the
credits earned for service rendered by the participants | ||||||
5 | during the
fiscal year and expenses of administering the | ||||||
6 | System, but shall not
include the principal of or any | ||||||
7 | redemption premium or interest on any bonds
issued by the Board | ||||||
8 | or any expenses incurred or deposits required in
connection | ||||||
9 | therewith.
| ||||||
10 | (g) If the amount of a participant's earnings for any | ||||||
11 | academic year used to determine the final rate of earnings, | ||||||
12 | determined on a full-time equivalent basis, exceeds the amount | ||||||
13 | of his or her earnings with the same employer for the previous | ||||||
14 | academic year, determined on a full-time equivalent basis, by | ||||||
15 | more than 6%, the participant's employer shall pay to the | ||||||
16 | System, in addition to all other payments required under this | ||||||
17 | Section and in accordance with guidelines established by the | ||||||
18 | System, the present value of the increase in benefits resulting | ||||||
19 | from the portion of the increase in earnings that is in excess | ||||||
20 | of 6%. This present value shall be computed by the System on | ||||||
21 | the basis of the actuarial assumptions and tables used in the | ||||||
22 | most recent actuarial valuation of the System that is available | ||||||
23 | at the time of the computation. The System may require the | ||||||
24 | employer to provide any pertinent information or | ||||||
25 | documentation. | ||||||
26 | Whenever it determines that a payment is or may be required |
| |||||||
| |||||||
1 | under this subsection (g), the System shall calculate the | ||||||
2 | amount of the payment and bill the employer for that amount. | ||||||
3 | The bill shall specify the calculations used to determine the | ||||||
4 | amount due. If the employer disputes the amount of the bill, it | ||||||
5 | may, within 30 days after receipt of the bill, apply to the | ||||||
6 | System in writing for a recalculation. The application must | ||||||
7 | specify in detail the grounds of the dispute and, if the | ||||||
8 | employer asserts that the calculation is subject to subsection | ||||||
9 | (h) or (i) of this Section, must include an affidavit setting | ||||||
10 | forth and attesting to all facts within the employer's | ||||||
11 | knowledge that are pertinent to the applicability of subsection | ||||||
12 | (h) or (i). Upon receiving a timely application for | ||||||
13 | recalculation, the System shall review the application and, if | ||||||
14 | appropriate, recalculate the amount due.
| ||||||
15 | The employer contributions required under this subsection | ||||||
16 | (g) may be paid in the form of a lump sum within 90 days after | ||||||
17 | receipt of the bill. If the employer contributions are not paid | ||||||
18 | within 90 days after receipt of the bill, then interest will be | ||||||
19 | charged at a rate equal to the System's annual actuarially | ||||||
20 | assumed rate of return on investment compounded annually from | ||||||
21 | the 91st day after receipt of the bill. Payments must be | ||||||
22 | concluded within 3 years after the employer's receipt of the | ||||||
23 | bill. | ||||||
24 | (h) This subsection (h) applies only to payments made or | ||||||
25 | salary increases given on or after June 1, 2005 but before July | ||||||
26 | 1, 2011. The changes made by Public Act 94-1057 shall not |
| |||||||
| |||||||
1 | require the System to refund any payments received before July | ||||||
2 | 31, 2006 (the effective date of Public Act 94-1057). | ||||||
3 | When assessing payment for any amount due under subsection | ||||||
4 | (g), the System shall exclude earnings increases paid to | ||||||
5 | participants under contracts or collective bargaining | ||||||
6 | agreements entered into, amended, or renewed before June 1, | ||||||
7 | 2005.
| ||||||
8 | When assessing payment for any amount due under subsection | ||||||
9 | (g), the System shall exclude earnings increases paid to a | ||||||
10 | participant at a time when the participant is 10 or more years | ||||||
11 | from retirement eligibility under Section 15-135.
| ||||||
12 | When assessing payment for any amount due under subsection | ||||||
13 | (g), the System shall exclude earnings increases resulting from | ||||||
14 | overload work, including a contract for summer teaching, or | ||||||
15 | overtime when the employer has certified to the System, and the | ||||||
16 | System has approved the certification, that: (i) in the case of | ||||||
17 | overloads (A) the overload work is for the sole purpose of | ||||||
18 | academic instruction in excess of the standard number of | ||||||
19 | instruction hours for a full-time employee occurring during the | ||||||
20 | academic year that the overload is paid and (B) the earnings | ||||||
21 | increases are equal to or less than the rate of pay for | ||||||
22 | academic instruction computed using the participant's current | ||||||
23 | salary rate and work schedule; and (ii) in the case of | ||||||
24 | overtime, the overtime was necessary for the educational | ||||||
25 | mission. | ||||||
26 | When assessing payment for any amount due under subsection |
| |||||||
| |||||||
1 | (g), the System shall exclude any earnings increase resulting | ||||||
2 | from (i) a promotion for which the employee moves from one | ||||||
3 | classification to a higher classification under the State | ||||||
4 | Universities Civil Service System, (ii) a promotion in academic | ||||||
5 | rank for a tenured or tenure-track faculty position, or (iii) a | ||||||
6 | promotion that the Illinois Community College Board has | ||||||
7 | recommended in accordance with subsection (k) of this Section. | ||||||
8 | These earnings increases shall be excluded only if the | ||||||
9 | promotion is to a position that has existed and been filled by | ||||||
10 | a member for no less than one complete academic year and the | ||||||
11 | earnings increase as a result of the promotion is an increase | ||||||
12 | that results in an amount no greater than the average salary | ||||||
13 | paid for other similar positions. | ||||||
14 | (i) When assessing payment for any amount due under | ||||||
15 | subsection (g), the System shall exclude any salary increase | ||||||
16 | described in subsection (h) of this Section given on or after | ||||||
17 | July 1, 2011 but before July 1, 2014 under a contract or | ||||||
18 | collective bargaining agreement entered into, amended, or | ||||||
19 | renewed on or after June 1, 2005 but before July 1, 2011. | ||||||
20 | Notwithstanding any other provision of this Section, any | ||||||
21 | payments made or salary increases given after June 30, 2014 | ||||||
22 | shall be used in assessing payment for any amount due under | ||||||
23 | subsection (g) of this Section.
| ||||||
24 | (j) The System shall prepare a report and file copies of | ||||||
25 | the report with the Governor and the General Assembly by | ||||||
26 | January 1, 2007 that contains all of the following information: |
| |||||||
| |||||||
1 | (1) The number of recalculations required by the | ||||||
2 | changes made to this Section by Public Act 94-1057 for each | ||||||
3 | employer. | ||||||
4 | (2) The dollar amount by which each employer's | ||||||
5 | contribution to the System was changed due to | ||||||
6 | recalculations required by Public Act 94-1057. | ||||||
7 | (3) The total amount the System received from each | ||||||
8 | employer as a result of the changes made to this Section by | ||||||
9 | Public Act 94-4. | ||||||
10 | (4) The increase in the required State contribution | ||||||
11 | resulting from the changes made to this Section by Public | ||||||
12 | Act 94-1057. | ||||||
13 | (k) The Illinois Community College Board shall adopt rules | ||||||
14 | for recommending lists of promotional positions submitted to | ||||||
15 | the Board by community colleges and for reviewing the | ||||||
16 | promotional lists on an annual basis. When recommending | ||||||
17 | promotional lists, the Board shall consider the similarity of | ||||||
18 | the positions submitted to those positions recognized for State | ||||||
19 | universities by the State Universities Civil Service System. | ||||||
20 | The Illinois Community College Board shall file a copy of its | ||||||
21 | findings with the System. The System shall consider the | ||||||
22 | findings of the Illinois Community College Board when making | ||||||
23 | determinations under this Section. The System shall not exclude | ||||||
24 | any earnings increases resulting from a promotion when the | ||||||
25 | promotion was not submitted by a community college. Nothing in | ||||||
26 | this subsection (k) shall require any community college to |
| |||||||
| |||||||
1 | submit any information to the Community College Board.
| ||||||
2 | (l) For purposes of determining the required State | ||||||
3 | contribution to the System, the value of the System's assets | ||||||
4 | shall be equal to the actuarial value of the System's assets, | ||||||
5 | which shall be calculated as follows: | ||||||
6 | As of June 30, 2008, the actuarial value of the System's | ||||||
7 | assets shall be equal to the market value of the assets as of | ||||||
8 | that date. In determining the actuarial value of the System's | ||||||
9 | assets for fiscal years after June 30, 2008, any actuarial | ||||||
10 | gains or losses from investment return incurred in a fiscal | ||||||
11 | year shall be recognized in equal annual amounts over the | ||||||
12 | 5-year period following that fiscal year. | ||||||
13 | (m) For purposes of determining the required State | ||||||
14 | contribution to the system for a particular year, the actuarial | ||||||
15 | value of assets shall be assumed to earn a rate of return equal | ||||||
16 | to the system's actuarially assumed rate of return. | ||||||
17 | (Source: P.A. 97-813, eff. 7-13-12; 98-92, eff. 7-16-13; | ||||||
18 | 98-463, eff. 8-16-13; 98-599, eff. 6-1-14 .)
| ||||||
19 | (40 ILCS 5/16-158)
(from Ch. 108 1/2, par. 16-158)
| ||||||
20 | Sec. 16-158. Contributions by State and other employing | ||||||
21 | units.
| ||||||
22 | (a) The State shall make contributions to the System by | ||||||
23 | means of
appropriations from the Common School Fund and other | ||||||
24 | State funds of amounts
which, together with other employer | ||||||
25 | contributions, employee contributions,
investment income, and |
| |||||||
| |||||||
1 | other income, will be sufficient to meet the cost of
| ||||||
2 | maintaining and administering the System on a 100% funded basis | ||||||
3 | in accordance
with actuarial recommendations by the end of | ||||||
4 | State fiscal year 2044 .
| ||||||
5 | The Board shall determine the amount of State contributions | ||||||
6 | required for
each fiscal year on the basis of the actuarial | ||||||
7 | tables and other assumptions
adopted by the Board and the | ||||||
8 | recommendations of the actuary, using the formula
in subsection | ||||||
9 | (b-3).
| ||||||
10 | (a-1) Annually, on or before November 15 through November | ||||||
11 | 15, 2011, the Board shall certify to the
Governor the amount of | ||||||
12 | the required State contribution for the coming fiscal
year. The | ||||||
13 | certification under this subsection (a-1) shall include a copy | ||||||
14 | of the actuarial recommendations
upon which it is based.
| ||||||
15 | On or before May 1, 2004, the Board shall recalculate and | ||||||
16 | recertify to
the Governor the amount of the required State | ||||||
17 | contribution to the System for
State fiscal year 2005, taking | ||||||
18 | into account the amounts appropriated to and
received by the | ||||||
19 | System under subsection (d) of Section 7.2 of the General
| ||||||
20 | Obligation Bond Act.
| ||||||
21 | On or before July 1, 2005, the Board shall recalculate and | ||||||
22 | recertify
to the Governor the amount of the required State
| ||||||
23 | contribution to the System for State fiscal year 2006, taking | ||||||
24 | into account the changes in required State contributions made | ||||||
25 | by this amendatory Act of the 94th General Assembly.
| ||||||
26 | On or before April 1, 2011, the Board shall recalculate and |
| |||||||
| |||||||
1 | recertify to the Governor the amount of the required State | ||||||
2 | contribution to the System for State fiscal year 2011, applying | ||||||
3 | the changes made by Public Act 96-889 to the System's assets | ||||||
4 | and liabilities as of June 30, 2009 as though Public Act 96-889 | ||||||
5 | was approved on that date. | ||||||
6 | (a-5) On or before November 1 of each year, beginning | ||||||
7 | November 1, 2012, the Board shall submit to the State Actuary, | ||||||
8 | the Governor, and the General Assembly a proposed certification | ||||||
9 | of the amount of the required State contribution to the System | ||||||
10 | for the next fiscal year, along with all of the actuarial | ||||||
11 | assumptions, calculations, and data upon which that proposed | ||||||
12 | certification is based. On or before January 1 of each year, | ||||||
13 | beginning January 1, 2013, the State Actuary shall issue a | ||||||
14 | preliminary report concerning the proposed certification and | ||||||
15 | identifying, if necessary, recommended changes in actuarial | ||||||
16 | assumptions that the Board must consider before finalizing its | ||||||
17 | certification of the required State contributions. | ||||||
18 | On or before January 15, 2013 and each January 15 | ||||||
19 | thereafter, the Board shall certify to the Governor and the | ||||||
20 | General Assembly the amount of the required State contribution | ||||||
21 | for the next fiscal year. The certification shall include a | ||||||
22 | copy of the actuarial
recommendations upon which it is based | ||||||
23 | and shall specifically identify the System's projected State | ||||||
24 | normal cost for that fiscal year. The Board's certification | ||||||
25 | must note any deviations from the State Actuary's recommended | ||||||
26 | changes, the reason or reasons for not following the State |
| |||||||
| |||||||
1 | Actuary's recommended changes, and the fiscal impact of not | ||||||
2 | following the State Actuary's recommended changes on the | ||||||
3 | required State contribution. | ||||||
4 | (a-10) For purposes of Section (c-5) of Section 20 of the | ||||||
5 | Budget Stabilization Act, on or before November 1 of each year | ||||||
6 | beginning November 1, 2014, the Board shall determine the | ||||||
7 | amount of the State contribution to the System that would have | ||||||
8 | been required for the next fiscal year if this amendatory Act | ||||||
9 | of the 98th General Assembly had not taken effect, using the | ||||||
10 | best and most recent available data but based on the law in | ||||||
11 | effect on May 31, 2014. The Board shall submit to the State | ||||||
12 | Actuary, the Governor, and the General Assembly a proposed | ||||||
13 | certification, along with the relevant law, actuarial | ||||||
14 | assumptions, calculations, and data upon which that | ||||||
15 | certification is based. On or before January 1, 2015 and every | ||||||
16 | January 1 thereafter, the State Actuary shall issue a | ||||||
17 | preliminary report concerning the proposed certification and | ||||||
18 | identifying, if necessary, recommended changes in actuarial | ||||||
19 | assumptions that the Board must consider before finalizing its | ||||||
20 | certification. On or before January 15, 2015 and every January | ||||||
21 | 1 thereafter, the Board shall certify to the Governor and the | ||||||
22 | General Assembly the amount of the State contribution to the | ||||||
23 | System that would have been required for the next fiscal year | ||||||
24 | if this amendatory Act of the 98th General Assembly had not | ||||||
25 | taken effect, using the best and most recent available data but | ||||||
26 | based on the law in effect on May 31, 2014. The Board's |
| |||||||
| |||||||
1 | certification must note any deviations from the State Actuary's | ||||||
2 | recommended changes, the reason or reasons for not following | ||||||
3 | the State Actuary's recommended changes, and the impact of not | ||||||
4 | following the State Actuary's recommended changes. | ||||||
5 | (b) Through State fiscal year 1995, the State contributions | ||||||
6 | shall be
paid to the System in accordance with Section 18-7 of | ||||||
7 | the School Code.
| ||||||
8 | (b-1) Beginning in State fiscal year 1996, on the 15th day | ||||||
9 | of each month,
or as soon thereafter as may be practicable, the | ||||||
10 | Board shall submit vouchers
for payment of State contributions | ||||||
11 | to the System, in a total monthly amount of
one-twelfth of the | ||||||
12 | required annual State contribution certified under
subsection | ||||||
13 | (a-1).
From the
effective date of this amendatory Act of the | ||||||
14 | 93rd General Assembly
through June 30, 2004, the Board shall | ||||||
15 | not submit vouchers for the
remainder of fiscal year 2004 in | ||||||
16 | excess of the fiscal year 2004
certified contribution amount | ||||||
17 | determined under this Section
after taking into consideration | ||||||
18 | the transfer to the System
under subsection (a) of Section | ||||||
19 | 6z-61 of the State Finance Act.
These vouchers shall be paid by | ||||||
20 | the State Comptroller and
Treasurer by warrants drawn on the | ||||||
21 | funds appropriated to the System for that
fiscal year.
| ||||||
22 | If in any month the amount remaining unexpended from all | ||||||
23 | other appropriations
to the System for the applicable fiscal | ||||||
24 | year (including the appropriations to
the System under Section | ||||||
25 | 8.12 of the State Finance Act and Section 1 of the
State | ||||||
26 | Pension Funds Continuing Appropriation Act) is less than the |
| |||||||
| |||||||
1 | amount
lawfully vouchered under this subsection, the | ||||||
2 | difference shall be paid from the
Common School Fund under the | ||||||
3 | continuing appropriation authority provided in
Section 1.1 of | ||||||
4 | the State Pension Funds Continuing Appropriation Act.
| ||||||
5 | (b-2) Allocations from the Common School Fund apportioned | ||||||
6 | to school
districts not coming under this System shall not be | ||||||
7 | diminished or affected by
the provisions of this Article.
| ||||||
8 | (b-3) For State fiscal years 2016 through 2045, the minimum
| ||||||
9 | contribution to the System to be made by the State for each
| ||||||
10 | fiscal year shall be an amount determined by the System to be
| ||||||
11 | sufficient to bring the total assets of the System up to 100%
| ||||||
12 | of the total actuarial liabilities of the System by the end of | ||||||
13 | State fiscal year 2045. In making these determinations, the | ||||||
14 | required State contribution shall be calculated each year as a | ||||||
15 | level percentage of payroll over the years remaining to and | ||||||
16 | including fiscal year 2045 and shall be determined under the | ||||||
17 | projected unit credit actuarial cost method. | ||||||
18 | For State fiscal year years 2015 through 2044 , the minimum | ||||||
19 | contribution
to the System to be made by the State for the each | ||||||
20 | fiscal year shall be an amount
determined by the System to be | ||||||
21 | equal to the sum of (1) the State's portion of the projected | ||||||
22 | normal cost for the that fiscal year, plus (2) an amount | ||||||
23 | sufficient to bring the total assets of the
System up to 100% | ||||||
24 | of the total actuarial liabilities of the System by the end of
| ||||||
25 | State fiscal year 2044. In making these determinations, the | ||||||
26 | required State
contribution shall be calculated each year as a |
| |||||||
| |||||||
1 | level percentage of payroll
over the years remaining to and | ||||||
2 | including fiscal year 2044 and shall be
determined under the | ||||||
3 | projected unit cost method for fiscal year 2015 and under the | ||||||
4 | entry age normal actuarial cost method for fiscal years 2016 | ||||||
5 | through 2044 . | ||||||
6 | For State fiscal years 2012 through 2014, the minimum | ||||||
7 | contribution
to the System to be made by the State for each | ||||||
8 | fiscal year shall be an amount
determined by the System to be | ||||||
9 | sufficient to bring the total assets of the
System up to 90% of | ||||||
10 | the total actuarial liabilities of the System by the end of
| ||||||
11 | State fiscal year 2045. In making these determinations, the | ||||||
12 | required State
contribution shall be calculated each year as a | ||||||
13 | level percentage of payroll
over the years remaining to and | ||||||
14 | including fiscal year 2045 and shall be
determined under the | ||||||
15 | projected unit credit actuarial cost method.
| ||||||
16 | For State fiscal years 1996 through 2005, the State | ||||||
17 | contribution to the
System, as a percentage of the applicable | ||||||
18 | employee payroll, shall be increased
in equal annual increments | ||||||
19 | so that by State fiscal year 2011, the State is
contributing at | ||||||
20 | the rate required under this Section; except that in the
| ||||||
21 | following specified State fiscal years, the State contribution | ||||||
22 | to the System
shall not be less than the following indicated | ||||||
23 | percentages of the applicable
employee payroll, even if the | ||||||
24 | indicated percentage will produce a State
contribution in | ||||||
25 | excess of the amount otherwise required under this subsection
| ||||||
26 | and subsection (a), and notwithstanding any contrary |
| |||||||
| |||||||
1 | certification made under
subsection (a-1) before the effective | ||||||
2 | date of this amendatory Act of 1998:
10.02% in FY 1999;
10.77% | ||||||
3 | in FY 2000;
11.47% in FY 2001;
12.16% in FY 2002;
12.86% in FY | ||||||
4 | 2003; and
13.56% in FY 2004.
| ||||||
5 | Notwithstanding any other provision of this Article, the | ||||||
6 | total required State
contribution for State fiscal year 2006 is | ||||||
7 | $534,627,700.
| ||||||
8 | Notwithstanding any other provision of this Article, the | ||||||
9 | total required State
contribution for State fiscal year 2007 is | ||||||
10 | $738,014,500.
| ||||||
11 | For each of State fiscal years 2008 through 2009, the State | ||||||
12 | contribution to
the System, as a percentage of the applicable | ||||||
13 | employee payroll, shall be
increased in equal annual increments | ||||||
14 | from the required State contribution for State fiscal year | ||||||
15 | 2007, so that by State fiscal year 2011, the
State is | ||||||
16 | contributing at the rate otherwise required under this Section.
| ||||||
17 | Notwithstanding any other provision of this Article, the | ||||||
18 | total required State contribution for State fiscal year 2010 is | ||||||
19 | $2,089,268,000 and shall be made from the proceeds of bonds | ||||||
20 | sold in fiscal year 2010 pursuant to Section 7.2 of the General | ||||||
21 | Obligation Bond Act, less (i) the pro rata share of bond sale | ||||||
22 | expenses determined by the System's share of total bond | ||||||
23 | proceeds, (ii) any amounts received from the Common School Fund | ||||||
24 | in fiscal year 2010, and (iii) any reduction in bond proceeds | ||||||
25 | due to the issuance of discounted bonds, if applicable. | ||||||
26 | Notwithstanding any other provision of this Article, the
|
| |||||||
| |||||||
1 | total required State contribution for State fiscal year 2011 is
| ||||||
2 | the amount recertified by the System on or before April 1, 2011 | ||||||
3 | pursuant to subsection (a-1) of this Section and shall be made | ||||||
4 | from the proceeds of bonds
sold in fiscal year 2011 pursuant to | ||||||
5 | Section 7.2 of the General
Obligation Bond Act, less (i) the | ||||||
6 | pro rata share of bond sale
expenses determined by the System's | ||||||
7 | share of total bond
proceeds, (ii) any amounts received from | ||||||
8 | the Common School Fund
in fiscal year 2011, and (iii) any | ||||||
9 | reduction in bond proceeds
due to the issuance of discounted | ||||||
10 | bonds, if applicable. This amount shall include, in addition to | ||||||
11 | the amount certified by the System, an amount necessary to meet | ||||||
12 | employer contributions required by the State as an employer | ||||||
13 | under paragraph (e) of this Section, which may also be used by | ||||||
14 | the System for contributions required by paragraph (a) of | ||||||
15 | Section 16-127. | ||||||
16 | Beginning in State fiscal year 2046 2045 , the minimum State | ||||||
17 | contribution for each fiscal year shall be the amount needed to | ||||||
18 | maintain the total assets of the System at 100% of the total | ||||||
19 | actuarial liabilities of the System.
| ||||||
20 | Amounts received by the System pursuant to Section 25 of | ||||||
21 | the Budget Stabilization Act or Section 8.12 of the State | ||||||
22 | Finance Act in any fiscal year do not reduce and do not | ||||||
23 | constitute payment of any portion of the minimum State | ||||||
24 | contribution required under this Article in that fiscal year. | ||||||
25 | Such amounts shall not reduce, and shall not be included in the | ||||||
26 | calculation of, the required State contributions under this |
| |||||||
| |||||||
1 | Article in any future year until the System has reached a | ||||||
2 | funding ratio of at least 100%. A reference in this Article to | ||||||
3 | the "required State contribution" or any substantially similar | ||||||
4 | term does not include or apply to any amounts payable to the | ||||||
5 | System under Section 25 of the Budget Stabilization Act. | ||||||
6 | Notwithstanding any other provision of this Section, the | ||||||
7 | required State
contribution for State fiscal year 2005 and for | ||||||
8 | fiscal year 2008 and each fiscal year thereafter through State | ||||||
9 | fiscal year 2014, as
calculated under this Section and
| ||||||
10 | certified under subsection (a-1), shall not exceed an amount | ||||||
11 | equal to (i) the
amount of the required State contribution that | ||||||
12 | would have been calculated under
this Section for that fiscal | ||||||
13 | year if the System had not received any payments
under | ||||||
14 | subsection (d) of Section 7.2 of the General Obligation Bond | ||||||
15 | Act, minus
(ii) the portion of the State's total debt service | ||||||
16 | payments for that fiscal
year on the bonds issued in fiscal | ||||||
17 | year 2003 for the purposes of that Section 7.2, as determined
| ||||||
18 | and certified by the Comptroller, that is the same as the | ||||||
19 | System's portion of
the total moneys distributed under | ||||||
20 | subsection (d) of Section 7.2 of the General
Obligation Bond | ||||||
21 | Act. In determining this maximum for State fiscal years 2008 | ||||||
22 | through 2010, however, the amount referred to in item (i) shall | ||||||
23 | be increased, as a percentage of the applicable employee | ||||||
24 | payroll, in equal increments calculated from the sum of the | ||||||
25 | required State contribution for State fiscal year 2007 plus the | ||||||
26 | applicable portion of the State's total debt service payments |
| |||||||
| |||||||
1 | for fiscal year 2007 on the bonds issued in fiscal year 2003 | ||||||
2 | for the purposes of Section 7.2 of the General
Obligation Bond | ||||||
3 | Act, so that, by State fiscal year 2011, the
State is | ||||||
4 | contributing at the rate otherwise required under this Section.
| ||||||
5 | (c) Payment of the required State contributions and of all | ||||||
6 | pensions,
retirement annuities, death benefits, refunds, and | ||||||
7 | other benefits granted
under or assumed by this System, and all | ||||||
8 | expenses in connection with the
administration and operation | ||||||
9 | thereof, are obligations of the State.
| ||||||
10 | If members are paid from special trust or federal funds | ||||||
11 | which are
administered by the employing unit, whether school | ||||||
12 | district or other
unit, the employing unit shall pay to the | ||||||
13 | System from such
funds the full accruing retirement costs based | ||||||
14 | upon that
service, which, beginning July 1, 2014, shall be at a | ||||||
15 | rate, expressed as a percentage of salary, equal to the total | ||||||
16 | minimum contribution
to the System to be made by the State for | ||||||
17 | that fiscal year, including both normal cost and unfunded | ||||||
18 | liability components, expressed as a percentage of payroll, as | ||||||
19 | determined by the System under subsection (b-3) of this | ||||||
20 | Section. Employer contributions, based on
salary paid to | ||||||
21 | members from federal funds, may be forwarded by the | ||||||
22 | distributing
agency of the State of Illinois to the System | ||||||
23 | prior to allocation, in an
amount determined in accordance with | ||||||
24 | guidelines established by such
agency and the System. Any | ||||||
25 | contribution for fiscal year 2015 collected as a result of the | ||||||
26 | change made by this amendatory Act of the 98th General Assembly |
| |||||||
| |||||||
1 | shall be considered a State contribution under subsection (b-3) | ||||||
2 | of this Section.
| ||||||
3 | (d) Effective July 1, 1986, any employer of a teacher as | ||||||
4 | defined in
paragraph (8) of Section 16-106 shall pay the | ||||||
5 | employer's normal cost
of benefits based upon the teacher's | ||||||
6 | service, in addition to
employee contributions, as determined | ||||||
7 | by the System. Such employer
contributions shall be forwarded | ||||||
8 | monthly in accordance with guidelines
established by the | ||||||
9 | System.
| ||||||
10 | However, with respect to benefits granted under Section | ||||||
11 | 16-133.4 or
16-133.5 to a teacher as defined in paragraph (8) | ||||||
12 | of Section 16-106, the
employer's contribution shall be 12% | ||||||
13 | (rather than 20%) of the member's
highest annual salary rate | ||||||
14 | for each year of creditable service granted, and
the employer | ||||||
15 | shall also pay the required employee contribution on behalf of
| ||||||
16 | the teacher. For the purposes of Sections 16-133.4 and | ||||||
17 | 16-133.5, a teacher
as defined in paragraph (8) of Section | ||||||
18 | 16-106 who is serving in that capacity
while on leave of | ||||||
19 | absence from another employer under this Article shall not
be | ||||||
20 | considered an employee of the employer from which the teacher | ||||||
21 | is on leave.
| ||||||
22 | (e) Beginning July 1, 1998, every employer of a teacher
| ||||||
23 | shall pay to the System an employer contribution computed as | ||||||
24 | follows:
| ||||||
25 | (1) Beginning July 1, 1998 through June 30, 1999, the | ||||||
26 | employer
contribution shall be equal to 0.3% of each |
| |||||||
| |||||||
1 | teacher's salary.
| ||||||
2 | (2) Beginning July 1, 1999 and thereafter, the employer
| ||||||
3 | contribution shall be equal to 0.58% of each teacher's | ||||||
4 | salary.
| ||||||
5 | The school district or other employing unit may pay these | ||||||
6 | employer
contributions out of any source of funding available | ||||||
7 | for that purpose and
shall forward the contributions to the | ||||||
8 | System on the schedule established
for the payment of member | ||||||
9 | contributions.
| ||||||
10 | These employer contributions are intended to offset a | ||||||
11 | portion of the cost
to the System of the increases in | ||||||
12 | retirement benefits resulting from this
amendatory Act of 1998.
| ||||||
13 | Each employer of teachers is entitled to a credit against | ||||||
14 | the contributions
required under this subsection (e) with | ||||||
15 | respect to salaries paid to teachers
for the period January 1, | ||||||
16 | 2002 through June 30, 2003, equal to the amount paid
by that | ||||||
17 | employer under subsection (a-5) of Section 6.6 of the State | ||||||
18 | Employees
Group Insurance Act of 1971 with respect to salaries | ||||||
19 | paid to teachers for that
period.
| ||||||
20 | The additional 1% employee contribution required under | ||||||
21 | Section 16-152 by
this amendatory Act of 1998 is the | ||||||
22 | responsibility of the teacher and not the
teacher's employer, | ||||||
23 | unless the employer agrees, through collective bargaining
or | ||||||
24 | otherwise, to make the contribution on behalf of the teacher.
| ||||||
25 | If an employer is required by a contract in effect on May | ||||||
26 | 1, 1998 between the
employer and an employee organization to |
| |||||||
| |||||||
1 | pay, on behalf of all its full-time
employees
covered by this | ||||||
2 | Article, all mandatory employee contributions required under
| ||||||
3 | this Article, then the employer shall be excused from paying | ||||||
4 | the employer
contribution required under this subsection (e) | ||||||
5 | for the balance of the term
of that contract. The employer and | ||||||
6 | the employee organization shall jointly
certify to the System | ||||||
7 | the existence of the contractual requirement, in such
form as | ||||||
8 | the System may prescribe. This exclusion shall cease upon the
| ||||||
9 | termination, extension, or renewal of the contract at any time | ||||||
10 | after May 1,
1998.
| ||||||
11 | (f) If the amount of a teacher's salary for any school year | ||||||
12 | used to determine final average salary exceeds the member's | ||||||
13 | annual full-time salary rate with the same employer for the | ||||||
14 | previous school year by more than 6%, the teacher's employer | ||||||
15 | shall pay to the System, in addition to all other payments | ||||||
16 | required under this Section and in accordance with guidelines | ||||||
17 | established by the System, the present value of the increase in | ||||||
18 | benefits resulting from the portion of the increase in salary | ||||||
19 | that is in excess of 6%. This present value shall be computed | ||||||
20 | by the System on the basis of the actuarial assumptions and | ||||||
21 | tables used in the most recent actuarial valuation of the | ||||||
22 | System that is available at the time of the computation. If a | ||||||
23 | teacher's salary for the 2005-2006 school year is used to | ||||||
24 | determine final average salary under this subsection (f), then | ||||||
25 | the changes made to this subsection (f) by Public Act 94-1057 | ||||||
26 | shall apply in calculating whether the increase in his or her |
| |||||||
| |||||||
1 | salary is in excess of 6%. For the purposes of this Section, | ||||||
2 | change in employment under Section 10-21.12 of the School Code | ||||||
3 | on or after June 1, 2005 shall constitute a change in employer. | ||||||
4 | The System may require the employer to provide any pertinent | ||||||
5 | information or documentation.
The changes made to this | ||||||
6 | subsection (f) by this amendatory Act of the 94th General | ||||||
7 | Assembly apply without regard to whether the teacher was in | ||||||
8 | service on or after its effective date.
| ||||||
9 | Whenever it determines that a payment is or may be required | ||||||
10 | under this subsection, the System shall calculate the amount of | ||||||
11 | the payment and bill the employer for that amount. The bill | ||||||
12 | shall specify the calculations used to determine the amount | ||||||
13 | due. If the employer disputes the amount of the bill, it may, | ||||||
14 | within 30 days after receipt of the bill, apply to the System | ||||||
15 | in writing for a recalculation. The application must specify in | ||||||
16 | detail the grounds of the dispute and, if the employer asserts | ||||||
17 | that the calculation is subject to subsection (g) or (h) of | ||||||
18 | this Section, must include an affidavit setting forth and | ||||||
19 | attesting to all facts within the employer's knowledge that are | ||||||
20 | pertinent to the applicability of that subsection. Upon | ||||||
21 | receiving a timely application for recalculation, the System | ||||||
22 | shall review the application and, if appropriate, recalculate | ||||||
23 | the amount due.
| ||||||
24 | The employer contributions required under this subsection | ||||||
25 | (f) may be paid in the form of a lump sum within 90 days after | ||||||
26 | receipt of the bill. If the employer contributions are not paid |
| |||||||
| |||||||
1 | within 90 days after receipt of the bill, then interest will be | ||||||
2 | charged at a rate equal to the System's annual actuarially | ||||||
3 | assumed rate of return on investment compounded annually from | ||||||
4 | the 91st day after receipt of the bill. Payments must be | ||||||
5 | concluded within 3 years after the employer's receipt of the | ||||||
6 | bill.
| ||||||
7 | (g) This subsection (g) applies only to payments made or | ||||||
8 | salary increases given on or after June 1, 2005 but before July | ||||||
9 | 1, 2011. The changes made by Public Act 94-1057 shall not | ||||||
10 | require the System to refund any payments received before
July | ||||||
11 | 31, 2006 (the effective date of Public Act 94-1057). | ||||||
12 | When assessing payment for any amount due under subsection | ||||||
13 | (f), the System shall exclude salary increases paid to teachers | ||||||
14 | under contracts or collective bargaining agreements entered | ||||||
15 | into, amended, or renewed before June 1, 2005.
| ||||||
16 | When assessing payment for any amount due under subsection | ||||||
17 | (f), the System shall exclude salary increases paid to a | ||||||
18 | teacher at a time when the teacher is 10 or more years from | ||||||
19 | retirement eligibility under Section 16-132 or 16-133.2.
| ||||||
20 | When assessing payment for any amount due under subsection | ||||||
21 | (f), the System shall exclude salary increases resulting from | ||||||
22 | overload work, including summer school, when the school | ||||||
23 | district has certified to the System, and the System has | ||||||
24 | approved the certification, that (i) the overload work is for | ||||||
25 | the sole purpose of classroom instruction in excess of the | ||||||
26 | standard number of classes for a full-time teacher in a school |
| |||||||
| |||||||
1 | district during a school year and (ii) the salary increases are | ||||||
2 | equal to or less than the rate of pay for classroom instruction | ||||||
3 | computed on the teacher's current salary and work schedule.
| ||||||
4 | When assessing payment for any amount due under subsection | ||||||
5 | (f), the System shall exclude a salary increase resulting from | ||||||
6 | a promotion (i) for which the employee is required to hold a | ||||||
7 | certificate or supervisory endorsement issued by the State | ||||||
8 | Teacher Certification Board that is a different certification | ||||||
9 | or supervisory endorsement than is required for the teacher's | ||||||
10 | previous position and (ii) to a position that has existed and | ||||||
11 | been filled by a member for no less than one complete academic | ||||||
12 | year and the salary increase from the promotion is an increase | ||||||
13 | that results in an amount no greater than the lesser of the | ||||||
14 | average salary paid for other similar positions in the district | ||||||
15 | requiring the same certification or the amount stipulated in | ||||||
16 | the collective bargaining agreement for a similar position | ||||||
17 | requiring the same certification.
| ||||||
18 | When assessing payment for any amount due under subsection | ||||||
19 | (f), the System shall exclude any payment to the teacher from | ||||||
20 | the State of Illinois or the State Board of Education over | ||||||
21 | which the employer does not have discretion, notwithstanding | ||||||
22 | that the payment is included in the computation of final | ||||||
23 | average salary.
| ||||||
24 | (h) When assessing payment for any amount due under | ||||||
25 | subsection (f), the System shall exclude any salary increase | ||||||
26 | described in subsection (g) of this Section given on or after |
| |||||||
| |||||||
1 | July 1, 2011 but before July 1, 2014 under a contract or | ||||||
2 | collective bargaining agreement entered into, amended, or | ||||||
3 | renewed on or after June 1, 2005 but before July 1, 2011. | ||||||
4 | Notwithstanding any other provision of this Section, any | ||||||
5 | payments made or salary increases given after June 30, 2014 | ||||||
6 | shall be used in assessing payment for any amount due under | ||||||
7 | subsection (f) of this Section.
| ||||||
8 | (i) The System shall prepare a report and file copies of | ||||||
9 | the report with the Governor and the General Assembly by | ||||||
10 | January 1, 2007 that contains all of the following information: | ||||||
11 | (1) The number of recalculations required by the | ||||||
12 | changes made to this Section by Public Act 94-1057 for each | ||||||
13 | employer. | ||||||
14 | (2) The dollar amount by which each employer's | ||||||
15 | contribution to the System was changed due to | ||||||
16 | recalculations required by Public Act 94-1057. | ||||||
17 | (3) The total amount the System received from each | ||||||
18 | employer as a result of the changes made to this Section by | ||||||
19 | Public Act 94-4. | ||||||
20 | (4) The increase in the required State contribution | ||||||
21 | resulting from the changes made to this Section by Public | ||||||
22 | Act 94-1057.
| ||||||
23 | (j) For purposes of determining the required State | ||||||
24 | contribution to the System, the value of the System's assets | ||||||
25 | shall be equal to the actuarial value of the System's assets, | ||||||
26 | which shall be calculated as follows: |
| |||||||
| |||||||
1 | As of June 30, 2008, the actuarial value of the System's | ||||||
2 | assets shall be equal to the market value of the assets as of | ||||||
3 | that date. In determining the actuarial value of the System's | ||||||
4 | assets for fiscal years after June 30, 2008, any actuarial | ||||||
5 | gains or losses from investment return incurred in a fiscal | ||||||
6 | year shall be recognized in equal annual amounts over the | ||||||
7 | 5-year period following that fiscal year. | ||||||
8 | (k) For purposes of determining the required State | ||||||
9 | contribution to the system for a particular year, the actuarial | ||||||
10 | value of assets shall be assumed to earn a rate of return equal | ||||||
11 | to the system's actuarially assumed rate of return. | ||||||
12 | (Source: P.A. 97-694, eff. 6-18-12; 97-813, eff. 7-13-12; | ||||||
13 | 98-599, eff. 6-1-14; 98-674, eff. 6-30-14.)
| ||||||
14 | (40 ILCS 5/18-131) (from Ch. 108 1/2, par. 18-131)
| ||||||
15 | Sec. 18-131. Financing; employer contributions.
| ||||||
16 | (a) The State of Illinois shall make contributions to this | ||||||
17 | System by
appropriations of the amounts which, together with | ||||||
18 | the contributions of
participants, net earnings on | ||||||
19 | investments, and other income, will meet the
costs of | ||||||
20 | maintaining and administering this System on a 100% 90% funded | ||||||
21 | basis in
accordance with actuarial recommendations.
| ||||||
22 | (b) The Board shall determine the amount of State | ||||||
23 | contributions
required for each fiscal year on the basis of the | ||||||
24 | actuarial tables and other
assumptions adopted by the Board and | ||||||
25 | the prescribed rate of interest, using
the formula in |
| |||||||
| |||||||
1 | subsection (c).
| ||||||
2 | (c) For State fiscal years 2016 through 2045, the minimum | ||||||
3 | contribution to the System to be made by the State for each | ||||||
4 | fiscal year shall be an amount determined by the System to be | ||||||
5 | sufficient to bring the total assets of the System up to 100% | ||||||
6 | of the total actuarial liabilities of the System by the end of | ||||||
7 | State fiscal year 2045. In making these determinations, the | ||||||
8 | required State contribution shall be calculated each year as a | ||||||
9 | level percentage of payroll over the years remaining to and | ||||||
10 | including fiscal year 2045 and shall be determined under the | ||||||
11 | projected unit credit actuarial cost method. | ||||||
12 | For State fiscal years 2012 through 2015 2045 , the minimum | ||||||
13 | contribution
to the System to be made by the State for each | ||||||
14 | fiscal year shall be an amount
determined by the System to be | ||||||
15 | sufficient to bring the total assets of the
System up to 90% of | ||||||
16 | the total actuarial liabilities of the System by the end of
| ||||||
17 | State fiscal year 2045. In making these determinations, the | ||||||
18 | required State
contribution shall be calculated each year as a | ||||||
19 | level percentage of payroll
over the years remaining to and | ||||||
20 | including fiscal year 2045 and shall be
determined under the | ||||||
21 | projected unit credit actuarial cost method.
| ||||||
22 | For State fiscal years 1996 through 2005, the State | ||||||
23 | contribution to
the System, as a percentage of the applicable | ||||||
24 | employee payroll, shall be
increased in equal annual increments | ||||||
25 | so that by State fiscal year 2011, the
State is contributing at | ||||||
26 | the rate required under this Section.
|
| |||||||
| |||||||
1 | Notwithstanding any other provision of this Article, the | ||||||
2 | total required State
contribution for State fiscal year 2006 is | ||||||
3 | $29,189,400.
| ||||||
4 | Notwithstanding any other provision of this Article, the | ||||||
5 | total required State
contribution for State fiscal year 2007 is | ||||||
6 | $35,236,800.
| ||||||
7 | For each of State fiscal years 2008 through 2009, the State | ||||||
8 | contribution to
the System, as a percentage of the applicable | ||||||
9 | employee payroll, shall be
increased in equal annual increments | ||||||
10 | from the required State contribution for State fiscal year | ||||||
11 | 2007, so that by State fiscal year 2011, the
State is | ||||||
12 | contributing at the rate otherwise required under this Section.
| ||||||
13 | Notwithstanding any other provision of this Article, the | ||||||
14 | total required State contribution for State fiscal year 2010 is | ||||||
15 | $78,832,000 and shall be made from the proceeds of bonds sold | ||||||
16 | in fiscal year 2010 pursuant to Section 7.2 of the General | ||||||
17 | Obligation Bond Act, less (i) the pro rata share of bond sale | ||||||
18 | expenses determined by the System's share of total bond | ||||||
19 | proceeds, (ii) any amounts received from the General Revenue | ||||||
20 | Fund in fiscal year 2010, and (iii) any reduction in bond | ||||||
21 | proceeds due to the issuance of discounted bonds, if | ||||||
22 | applicable. | ||||||
23 | Notwithstanding any other provision of this Article, the | ||||||
24 | total required State contribution for State fiscal year 2011 is
| ||||||
25 | the amount recertified by the System on or before April 1, 2011 | ||||||
26 | pursuant to Section 18-140 and shall be made from the proceeds |
| |||||||
| |||||||
1 | of bonds sold
in fiscal year 2011 pursuant to Section 7.2 of | ||||||
2 | the General
Obligation Bond Act, less (i) the pro rata share of | ||||||
3 | bond sale
expenses determined by the System's share of total | ||||||
4 | bond
proceeds, (ii) any amounts received from the General | ||||||
5 | Revenue
Fund in fiscal year 2011, and (iii) any reduction in | ||||||
6 | bond
proceeds due to the issuance of discounted bonds, if
| ||||||
7 | applicable. | ||||||
8 | Beginning in State fiscal year 2046, the minimum State | ||||||
9 | contribution for
each fiscal year shall be the amount needed to | ||||||
10 | maintain the total assets of
the System at 100% 90% of the | ||||||
11 | total actuarial liabilities of the System.
| ||||||
12 | Amounts received by the System pursuant to Section 25 of | ||||||
13 | the Budget Stabilization Act or Section 8.12 of the State | ||||||
14 | Finance Act in any fiscal year do not reduce and do not | ||||||
15 | constitute payment of any portion of the minimum State | ||||||
16 | contribution required under this Article in that fiscal year. | ||||||
17 | Such amounts shall not reduce, and shall not be included in the | ||||||
18 | calculation of, the required State contributions under this | ||||||
19 | Article in any future year until the System has reached a | ||||||
20 | funding ratio of at least 100% 90% . A reference in this Article | ||||||
21 | to the "required State contribution" or any substantially | ||||||
22 | similar term does not include or apply to any amounts payable | ||||||
23 | to the System under Section 25 of the Budget Stabilization Act.
| ||||||
24 | Notwithstanding any other provision of this Section, the | ||||||
25 | required State
contribution for State fiscal year 2005 and for | ||||||
26 | fiscal year 2008 and each fiscal year thereafter, as
calculated |
| |||||||
| |||||||
1 | under this Section and
certified under Section 18-140, shall | ||||||
2 | not exceed an amount equal to (i) the
amount of the required | ||||||
3 | State contribution that would have been calculated under
this | ||||||
4 | Section for that fiscal year if the System had not received any | ||||||
5 | payments
under subsection (d) of Section 7.2 of the General | ||||||
6 | Obligation Bond Act, minus
(ii) the portion of the State's | ||||||
7 | total debt service payments for that fiscal
year on the bonds | ||||||
8 | issued in fiscal year 2003 for the purposes of that Section | ||||||
9 | 7.2, as determined
and certified by the Comptroller, that is | ||||||
10 | the same as the System's portion of
the total moneys | ||||||
11 | distributed under subsection (d) of Section 7.2 of the General
| ||||||
12 | Obligation Bond Act. In determining this maximum for State | ||||||
13 | fiscal years 2008 through 2010, however, the amount referred to | ||||||
14 | in item (i) shall be increased, as a percentage of the | ||||||
15 | applicable employee payroll, in equal increments calculated | ||||||
16 | from the sum of the required State contribution for State | ||||||
17 | fiscal year 2007 plus the applicable portion of the State's | ||||||
18 | total debt service payments for fiscal year 2007 on the bonds | ||||||
19 | issued in fiscal year 2003 for the purposes of Section 7.2 of | ||||||
20 | the General
Obligation Bond Act, so that, by State fiscal year | ||||||
21 | 2011, the
State is contributing at the rate otherwise required | ||||||
22 | under this Section.
| ||||||
23 | (d) For purposes of determining the required State | ||||||
24 | contribution to the System, the value of the System's assets | ||||||
25 | shall be equal to the actuarial value of the System's assets, | ||||||
26 | which shall be calculated as follows: |
| |||||||
| |||||||
1 | As of June 30, 2008, the actuarial value of the System's | ||||||
2 | assets shall be equal to the market value of the assets as of | ||||||
3 | that date. In determining the actuarial value of the System's | ||||||
4 | assets for fiscal years after June 30, 2008, any actuarial | ||||||
5 | gains or losses from investment return incurred in a fiscal | ||||||
6 | year shall be recognized in equal annual amounts over the | ||||||
7 | 5-year period following that fiscal year. | ||||||
8 | (e) For purposes of determining the required State | ||||||
9 | contribution to the system for a particular year, the actuarial | ||||||
10 | value of assets shall be assumed to earn a rate of return equal | ||||||
11 | to the system's actuarially assumed rate of return. | ||||||
12 | (Source: P.A. 96-43, eff. 7-15-09; 96-1497, eff. 1-14-11; | ||||||
13 | 96-1511, eff. 1-27-11; 96-1554, eff. 3-18-11; 97-813, eff. | ||||||
14 | 7-13-12.)
| ||||||
15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.
|