99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0254

Introduced , by Rep. Joe Sosnowski

SYNOPSIS AS INTRODUCED:
40 ILCS 5/1-103.3
40 ILCS 5/2-124 from Ch. 108 1/2, par. 2-124
40 ILCS 5/14-131
40 ILCS 5/15-155 from Ch. 108 1/2, par. 15-155
40 ILCS 5/16-158 from Ch. 108 1/2, par. 16-158
40 ILCS 5/18-131 from Ch. 108 1/2, par. 18-131

Provides that if and only if the Supreme Court of Illinois, in the consolidated case of In re Pension Reform Litigation, No. 118585, finds that either Public Act 98-599 is unconstitutional in its entirety or that the changes made by Public Act 98-599 to certain Sections of the Illinois Pension Code are unconstitutional, the Illinois Pension Code is amended to make changes to the prescribed funding formulas for the 5 State-funded retirement systems. In the Judges Article, increases the funding ratio from 90% to 100%. Makes corresponding changes. Effective immediately.
LRB099 04001 RPS 24018 b
FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

A BILL FOR

HB0254LRB099 04001 RPS 24018 b
1 AN ACT concerning public employee benefits.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. If and only if the Supreme Court of Illinois, in
5the consolidated case of In re Pension Reform Litigation, No.
6118585, finds that either: Public Act 98-599 is
7unconstitutional in its entirety; or that the changes made by
8Public Act 98-599 to Sections 1-103.3, 2-124, 14-131, 15-155,
916-158, and 18-131 of the Illinois Pension Code are
10unconstitutional, the Illinois Pension Code is amended by
11changing Sections 1-103.3, 2-124, 14-131, 15-155, 16-158, and
1218-131 as follows:
13 (40 ILCS 5/1-103.3)
14 Sec. 1-103.3. Application of 1994 amendment; funding
15standard.
16 (a) The provisions of Public Act 88-593 that change the
17method of calculating, certifying, and paying the required
18State contributions to the retirement systems established
19under Articles 2, 14, 15, 16, and 18 shall first apply to the
20State 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

HB0254- 2 -LRB099 04001 RPS 24018 b
1actuarial liabilities) of 100% is an appropriate goal for
2State-funded retirement systems in Illinois, and it finds that
3a funding ratio of 100% is now the generally-recognized norm
4throughout the nation for public employee retirement systems
5that are considered to be financially secure and funded in an
6appropriate and responsible manner.
7 (c) Every 5 years, beginning in 1999, the Commission on
8Government Forecasting and Accountability, in consultation
9with the affected retirement systems and the Governor's Office
10of Management and Budget (formerly Bureau of the Budget), shall
11consider and determine whether the 100% funding ratio goals
12adopted in Articles 2, 14, 15, 16, and 18 of this Code continue
13to represent appropriate funding goals for those retirement
14systems, and it shall report its findings and recommendations
15on 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
20appropriations of amounts which, together with the
21contributions of participants, interest earned on investments,
22and other income will meet the cost of maintaining and
23administering the System on a 100% funded basis in accordance
24with actuarial recommendations by the end of State fiscal year
252044.

HB0254- 3 -LRB099 04001 RPS 24018 b
1 (b) The Board shall determine the amount of State
2contributions required for each fiscal year on the basis of the
3actuarial tables and other assumptions adopted by the Board and
4the prescribed rate of interest, using the formula in
5subsection (c).
6 (c) For State fiscal years 2016 through 2045, the minimum
7contribution to the System to be made by the State for each
8fiscal year shall be an amount determined by the System to be
9sufficient to bring the total assets of the System up to 100%
10of the total actuarial liabilities of the System by the end of
11State fiscal year 2045. In making these determinations, the
12required State contribution shall be calculated each year as a
13level percentage of payroll over the years remaining to and
14including fiscal year 2045 and shall be determined under the
15projected unit credit actuarial cost method.
16 For State fiscal year years 2015 through 2044, the minimum
17contribution to the System to be made by the State for the each
18fiscal year shall be an amount determined by the System to be
19equal to the sum of (1) the State's portion of the projected
20normal cost for the that fiscal year, plus (2) an amount
21sufficient to bring the total assets of the System up to 100%
22of the total actuarial liabilities of the System by the end of
23State fiscal year 2044. In making these determinations, the
24required State contribution shall be calculated each year as a
25level percentage of payroll over the years remaining to and
26including fiscal year 2044 and shall be determined under the

HB0254- 4 -LRB099 04001 RPS 24018 b
1projected unit cost method for fiscal year 2015 and under the
2entry age normal actuarial cost method for fiscal years 2016
3through 2044.
4 For State fiscal years 2012 through 2014, the minimum
5contribution to the System to be made by the State for each
6fiscal year shall be an amount determined by the System to be
7sufficient to bring the total assets of the System up to 90% of
8the total actuarial liabilities of the System by the end of
9State fiscal year 2045. In making these determinations, the
10required State contribution shall be calculated each year as a
11level percentage of payroll over the years remaining to and
12including fiscal year 2045 and shall be determined under the
13projected unit credit actuarial cost method.
14 For State fiscal years 1996 through 2005, the State
15contribution to the System, as a percentage of the applicable
16employee payroll, shall be increased in equal annual increments
17so that by State fiscal year 2011, the State is contributing at
18the rate required under this Section.
19 Notwithstanding any other provision of this Article, the
20total required State contribution for State fiscal year 2006 is
21$4,157,000.
22 Notwithstanding any other provision of this Article, the
23total 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
26contribution to the System, as a percentage of the applicable

HB0254- 5 -LRB099 04001 RPS 24018 b
1employee payroll, shall be increased in equal annual increments
2from the required State contribution for State fiscal year
32007, so that by State fiscal year 2011, the State is
4contributing at the rate otherwise required under this Section.
5 Notwithstanding any other provision of this Article, the
6total required State contribution for State fiscal year 2010 is
7$10,454,000 and shall be made from the proceeds of bonds sold
8in fiscal year 2010 pursuant to Section 7.2 of the General
9Obligation Bond Act, less (i) the pro rata share of bond sale
10expenses determined by the System's share of total bond
11proceeds, (ii) any amounts received from the General Revenue
12Fund in fiscal year 2010, and (iii) any reduction in bond
13proceeds due to the issuance of discounted bonds, if
14applicable.
15 Notwithstanding any other provision of this Article, the
16total required State contribution for State fiscal year 2011 is
17the amount recertified by the System on or before April 1, 2011
18pursuant to Section 2-134 and shall be made from the proceeds
19of bonds sold in fiscal year 2011 pursuant to Section 7.2 of
20the General Obligation Bond Act, less (i) the pro rata share of
21bond sale expenses determined by the System's share of total
22bond proceeds, (ii) any amounts received from the General
23Revenue Fund in fiscal year 2011, and (iii) any reduction in
24bond proceeds due to the issuance of discounted bonds, if
25applicable.
26 Beginning in State fiscal year 2045, the minimum State

HB0254- 6 -LRB099 04001 RPS 24018 b
1contribution for each fiscal year shall be the amount needed to
2maintain the total assets of the System at 100% of the total
3actuarial liabilities of the System.
4 Amounts received by the System pursuant to Section 25 of
5the Budget Stabilization Act or Section 8.12 of the State
6Finance Act in any fiscal year do not reduce and do not
7constitute payment of any portion of the minimum State
8contribution required under this Article in that fiscal year.
9Such amounts shall not reduce, and shall not be included in the
10calculation of, the required State contributions under this
11Article in any future year until the System has reached a
12funding ratio of at least 100%. A reference in this Article to
13the "required State contribution" or any substantially similar
14term does not include or apply to any amounts payable to the
15System under Section 25 of the Budget Stabilization Act.
16 Notwithstanding any other provision of this Section, the
17required State contribution for State fiscal year 2005 and for
18fiscal year 2008 and each fiscal year thereafter through State
19fiscal year 2014, as calculated under this Section and
20certified under Section 2-134, shall not exceed an amount equal
21to (i) the amount of the required State contribution that would
22have been calculated under this Section for that fiscal year if
23the System had not received any payments under subsection (d)
24of Section 7.2 of the General Obligation Bond Act, minus (ii)
25the portion of the State's total debt service payments for that
26fiscal year on the bonds issued in fiscal year 2003 for the

HB0254- 7 -LRB099 04001 RPS 24018 b
1purposes of that Section 7.2, as determined and certified by
2the Comptroller, that is the same as the System's portion of
3the total moneys distributed under subsection (d) of Section
47.2 of the General Obligation Bond Act. In determining this
5maximum for State fiscal years 2008 through 2010, however, the
6amount referred to in item (i) shall be increased, as a
7percentage of the applicable employee payroll, in equal
8increments calculated from the sum of the required State
9contribution for State fiscal year 2007 plus the applicable
10portion of the State's total debt service payments for fiscal
11year 2007 on the bonds issued in fiscal year 2003 for the
12purposes of Section 7.2 of the General Obligation Bond Act, so
13that, by State fiscal year 2011, the State is contributing at
14the rate otherwise required under this Section.
15 (d) For purposes of determining the required State
16contribution to the System, the value of the System's assets
17shall be equal to the actuarial value of the System's assets,
18which shall be calculated as follows:
19 As of June 30, 2008, the actuarial value of the System's
20assets shall be equal to the market value of the assets as of
21that date. In determining the actuarial value of the System's
22assets for fiscal years after June 30, 2008, any actuarial
23gains or losses from investment return incurred in a fiscal
24year shall be recognized in equal annual amounts over the
255-year period following that fiscal year.
26 (e) For purposes of determining the required State

HB0254- 8 -LRB099 04001 RPS 24018 b
1contribution to the system for a particular year, the actuarial
2value of assets shall be assumed to earn a rate of return equal
3to 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
8appropriations of amounts which, together with other employer
9contributions from trust, federal, and other funds, employee
10contributions, investment income, and other income, will be
11sufficient to meet the cost of maintaining and administering
12the System on a 100% funded basis in accordance with actuarial
13recommendations by the end of State fiscal year 2044.
14 For the purposes of this Section and Section 14-135.08,
15references to State contributions refer only to employer
16contributions and do not include employee contributions that
17are picked up or otherwise paid by the State or a department on
18behalf of the employee.
19 (b) The Board shall determine the total amount of State
20contributions required for each fiscal year on the basis of the
21actuarial tables and other assumptions adopted by the Board,
22using the formula in subsection (e).
23 The Board shall also determine a State contribution rate
24for each fiscal year, expressed as a percentage of payroll,
25based on the total required State contribution for that fiscal

HB0254- 9 -LRB099 04001 RPS 24018 b
1year (less the amount received by the System from
2appropriations under Section 8.12 of the State Finance Act and
3Section 1 of the State Pension Funds Continuing Appropriation
4Act, if any, for the fiscal year ending on the June 30
5immediately preceding the applicable November 15 certification
6deadline), the estimated payroll (including all forms of
7compensation) for personal services rendered by eligible
8employees, and the recommendations of the actuary.
9 For the purposes of this Section and Section 14.1 of the
10State Finance Act, the term "eligible employees" includes
11employees who participate in the System, persons who may elect
12to participate in the System but have not so elected, persons
13who are serving a qualifying period that is required for
14participation, and annuitants employed by a department as
15described in subdivision (a)(1) or (a)(2) of Section 14-111.
16 (c) Contributions shall be made by the several departments
17for each pay period by warrants drawn by the State Comptroller
18against their respective funds or appropriations based upon
19vouchers stating the amount to be so contributed. These amounts
20shall be based on the full rate certified by the Board under
21Section 14-135.08 for that fiscal year. From the effective date
22of this amendatory Act of the 93rd General Assembly through the
23payment of the final payroll from fiscal year 2004
24appropriations, the several departments shall not make
25contributions for the remainder of fiscal year 2004 but shall
26instead make payments as required under subsection (a-1) of

HB0254- 10 -LRB099 04001 RPS 24018 b
1Section 14.1 of the State Finance Act. The several departments
2shall resume those contributions at the commencement of fiscal
3year 2005.
4 (c-1) Notwithstanding subsection (c) of this Section, for
5fiscal years 2010, 2012, 2013, 2014, and 2015 only,
6contributions by the several departments are not required to be
7made for General Revenue Funds payrolls processed by the
8Comptroller. Payrolls paid by the several departments from all
9other State funds must continue to be processed pursuant to
10subsection (c) of this Section.
11 (c-2) For State fiscal years 2010, 2012, 2013, 2014, and
122015 only, on or as soon as possible after the 15th day of each
13month, the Board shall submit vouchers for payment of State
14contributions to the System, in a total monthly amount of
15one-twelfth of the fiscal year General Revenue Fund
16contribution as certified by the System pursuant to Section
1714-135.08 of the Illinois Pension Code.
18 (d) If an employee is paid from trust funds or federal
19funds, the department or other employer shall pay employer
20contributions from those funds to the System at the certified
21rate, unless the terms of the trust or the federal-State
22agreement preclude the use of the funds for that purpose, in
23which case the required employer contributions shall be paid by
24the State. From the effective date of this amendatory Act of
25the 93rd General Assembly through the payment of the final
26payroll from fiscal year 2004 appropriations, the department or

HB0254- 11 -LRB099 04001 RPS 24018 b
1other employer shall not pay contributions for the remainder of
2fiscal year 2004 but shall instead make payments as required
3under subsection (a-1) of Section 14.1 of the State Finance
4Act. The department or other employer shall resume payment of
5contributions at the commencement of fiscal year 2005.
6 (e) For State fiscal years 2016 through 2045, the minimum
7contribution to the System to be made by the State for each
8fiscal year shall be an amount determined by the System to be
9sufficient to bring the total assets of the System up to 100%
10of the total actuarial liabilities of the System by the end of
11State fiscal year 2045. In making these determinations, the
12required State contribution shall be calculated each year as a
13level percentage of payroll over the years remaining to and
14including fiscal year 2045 and shall be determined under the
15projected unit credit actuarial cost method.
16 For State fiscal year years 2015 through 2044, the minimum
17contribution to the System to be made by the State for the each
18fiscal year shall be an amount determined by the System to be
19equal to the sum of (1) the State's portion of the projected
20normal cost for the that fiscal year, plus (2) an amount
21sufficient to bring the total assets of the System up to 100%
22of the total actuarial liabilities of the System by the end of
23State fiscal year 2044. In making these determinations, the
24required State contribution shall be calculated each year as a
25level percentage of payroll over the years remaining to and
26including fiscal year 2044 and shall be determined under the

HB0254- 12 -LRB099 04001 RPS 24018 b
1projected unit cost method for fiscal year 2015 and under the
2entry age normal actuarial cost method for fiscal years 2016
3through 2044.
4 For State fiscal years 2012 through 2014, the minimum
5contribution to the System to be made by the State for each
6fiscal year shall be an amount determined by the System to be
7sufficient to bring the total assets of the System up to 90% of
8the total actuarial liabilities of the System by the end of
9State fiscal year 2045. In making these determinations, the
10required State contribution shall be calculated each year as a
11level percentage of payroll over the years remaining to and
12including fiscal year 2045 and shall be determined under the
13projected unit credit actuarial cost method.
14 For State fiscal years 1996 through 2005, the State
15contribution to the System, as a percentage of the applicable
16employee payroll, shall be increased in equal annual increments
17so that by State fiscal year 2011, the State is contributing at
18the rate required under this Section; except that (i) for State
19fiscal year 1998, for all purposes of this Code and any other
20law of this State, the certified percentage of the applicable
21employee payroll shall be 5.052% for employees earning eligible
22creditable service under Section 14-110 and 6.500% for all
23other employees, notwithstanding any contrary certification
24made under Section 14-135.08 before the effective date of this
25amendatory Act of 1997, and (ii) in the following specified
26State fiscal years, the State contribution to the System shall

HB0254- 13 -LRB099 04001 RPS 24018 b
1not be less than the following indicated percentages of the
2applicable employee payroll, even if the indicated percentage
3will produce a State contribution in excess of the amount
4otherwise required under this subsection and subsection (a):
59.8% in FY 1999; 10.0% in FY 2000; 10.2% in FY 2001; 10.4% in FY
62002; 10.6% in FY 2003; and 10.8% in FY 2004.
7 Notwithstanding any other provision of this Article, the
8total required State contribution to the System for State
9fiscal year 2006 is $203,783,900.
10 Notwithstanding any other provision of this Article, the
11total required State contribution to the System for State
12fiscal year 2007 is $344,164,400.
13 For each of State fiscal years 2008 through 2009, the State
14contribution to the System, as a percentage of the applicable
15employee payroll, shall be increased in equal annual increments
16from the required State contribution for State fiscal year
172007, so that by State fiscal year 2011, the State is
18contributing at the rate otherwise required under this Section.
19 Notwithstanding any other provision of this Article, the
20total required State General Revenue Fund contribution for
21State fiscal year 2010 is $723,703,100 and shall be made from
22the proceeds of bonds sold in fiscal year 2010 pursuant to
23Section 7.2 of the General Obligation Bond Act, less (i) the
24pro rata share of bond sale expenses determined by the System's
25share of total bond proceeds, (ii) any amounts received from
26the General Revenue Fund in fiscal year 2010, and (iii) any

HB0254- 14 -LRB099 04001 RPS 24018 b
1reduction in bond proceeds due to the issuance of discounted
2bonds, if applicable.
3 Notwithstanding any other provision of this Article, the
4total required State General Revenue Fund contribution for
5State fiscal year 2011 is the amount recertified by the System
6on or before April 1, 2011 pursuant to Section 14-135.08 and
7shall be made from the proceeds of bonds sold in fiscal year
82011 pursuant to Section 7.2 of the General Obligation Bond
9Act, less (i) the pro rata share of bond sale expenses
10determined by the System's share of total bond proceeds, (ii)
11any amounts received from the General Revenue Fund in fiscal
12year 2011, and (iii) any reduction in bond proceeds due to the
13issuance of discounted bonds, if applicable.
14 Beginning in State fiscal year 2046 2045, the minimum State
15contribution for each fiscal year shall be the amount needed to
16maintain the total assets of the System at 100% of the total
17actuarial liabilities of the System.
18 Amounts received by the System pursuant to Section 25 of
19the Budget Stabilization Act or Section 8.12 of the State
20Finance Act in any fiscal year do not reduce and do not
21constitute payment of any portion of the minimum State
22contribution required under this Article in that fiscal year.
23Such amounts shall not reduce, and shall not be included in the
24calculation of, the required State contributions under this
25Article in any future year until the System has reached a
26funding ratio of at least 100%. A reference in this Article to

HB0254- 15 -LRB099 04001 RPS 24018 b
1the "required State contribution" or any substantially similar
2term does not include or apply to any amounts payable to the
3System under Section 25 of the Budget Stabilization Act.
4 Notwithstanding any other provision of this Section, the
5required State contribution for State fiscal year 2005 and for
6fiscal year 2008 and each fiscal year thereafter through State
7fiscal year 2014, as calculated under this Section and
8certified under Section 14-135.08, shall not exceed an amount
9equal to (i) the amount of the required State contribution that
10would have been calculated under this Section for that fiscal
11year if the System had not received any payments under
12subsection (d) of Section 7.2 of the General Obligation Bond
13Act, minus (ii) the portion of the State's total debt service
14payments for that fiscal year on the bonds issued in fiscal
15year 2003 for the purposes of that Section 7.2, as determined
16and certified by the Comptroller, that is the same as the
17System's portion of the total moneys distributed under
18subsection (d) of Section 7.2 of the General Obligation Bond
19Act. In determining this maximum for State fiscal years 2008
20through 2010, however, the amount referred to in item (i) shall
21be increased, as a percentage of the applicable employee
22payroll, in equal increments calculated from the sum of the
23required State contribution for State fiscal year 2007 plus the
24applicable portion of the State's total debt service payments
25for fiscal year 2007 on the bonds issued in fiscal year 2003
26for the purposes of Section 7.2 of the General Obligation Bond

HB0254- 16 -LRB099 04001 RPS 24018 b
1Act, so that, by State fiscal year 2011, the State is
2contributing at the rate otherwise required under this Section.
3 (f) After the submission of all payments for eligible
4employees from personal services line items in fiscal year 2004
5have been made, the Comptroller shall provide to the System a
6certification of the sum of all fiscal year 2004 expenditures
7for personal services that would have been covered by payments
8to the System under this Section if the provisions of this
9amendatory Act of the 93rd General Assembly had not been
10enacted. Upon receipt of the certification, the System shall
11determine the amount due to the System based on the full rate
12certified by the Board under Section 14-135.08 for fiscal year
132004 in order to meet the State's obligation under this
14Section. The System shall compare this amount due to the amount
15received by the System in fiscal year 2004 through payments
16under this Section and under Section 6z-61 of the State Finance
17Act. If the amount due is more than the amount received, the
18difference shall be termed the "Fiscal Year 2004 Shortfall" for
19purposes of this Section, and the Fiscal Year 2004 Shortfall
20shall be satisfied under Section 1.2 of the State Pension Funds
21Continuing Appropriation Act. If the amount due is less than
22the amount received, the difference shall be termed the "Fiscal
23Year 2004 Overpayment" for purposes of this Section, and the
24Fiscal Year 2004 Overpayment shall be repaid by the System to
25the Pension Contribution Fund as soon as practicable after the
26certification.

HB0254- 17 -LRB099 04001 RPS 24018 b
1 (g) For purposes of determining the required State
2contribution to the System, the value of the System's assets
3shall be equal to the actuarial value of the System's assets,
4which shall be calculated as follows:
5 As of June 30, 2008, the actuarial value of the System's
6assets shall be equal to the market value of the assets as of
7that date. In determining the actuarial value of the System's
8assets for fiscal years after June 30, 2008, any actuarial
9gains or losses from investment return incurred in a fiscal
10year shall be recognized in equal annual amounts over the
115-year period following that fiscal year.
12 (h) For purposes of determining the required State
13contribution to the System for a particular year, the actuarial
14value of assets shall be assumed to earn a rate of return equal
15to the System's actuarially assumed rate of return.
16 (i) After the submission of all payments for eligible
17employees from personal services line items paid from the
18General Revenue Fund in fiscal year 2010 have been made, the
19Comptroller shall provide to the System a certification of the
20sum of all fiscal year 2010 expenditures for personal services
21that would have been covered by payments to the System under
22this Section if the provisions of this amendatory Act of the
2396th General Assembly had not been enacted. Upon receipt of the
24certification, the System shall determine the amount due to the
25System based on the full rate certified by the Board under
26Section 14-135.08 for fiscal year 2010 in order to meet the

HB0254- 18 -LRB099 04001 RPS 24018 b
1State's obligation under this Section. The System shall compare
2this amount due to the amount received by the System in fiscal
3year 2010 through payments under this Section. If the amount
4due is more than the amount received, the difference shall be
5termed the "Fiscal Year 2010 Shortfall" for purposes of this
6Section, and the Fiscal Year 2010 Shortfall shall be satisfied
7under Section 1.2 of the State Pension Funds Continuing
8Appropriation Act. If the amount due is less than the amount
9received, the difference shall be termed the "Fiscal Year 2010
10Overpayment" for purposes of this Section, and the Fiscal Year
112010 Overpayment shall be repaid by the System to the General
12Revenue Fund as soon as practicable after the certification.
13 (j) After the submission of all payments for eligible
14employees from personal services line items paid from the
15General Revenue Fund in fiscal year 2011 have been made, the
16Comptroller shall provide to the System a certification of the
17sum of all fiscal year 2011 expenditures for personal services
18that would have been covered by payments to the System under
19this Section if the provisions of this amendatory Act of the
2096th General Assembly had not been enacted. Upon receipt of the
21certification, the System shall determine the amount due to the
22System based on the full rate certified by the Board under
23Section 14-135.08 for fiscal year 2011 in order to meet the
24State's obligation under this Section. The System shall compare
25this amount due to the amount received by the System in fiscal
26year 2011 through payments under this Section. If the amount

HB0254- 19 -LRB099 04001 RPS 24018 b
1due is more than the amount received, the difference shall be
2termed the "Fiscal Year 2011 Shortfall" for purposes of this
3Section, and the Fiscal Year 2011 Shortfall shall be satisfied
4under Section 1.2 of the State Pension Funds Continuing
5Appropriation Act. If the amount due is less than the amount
6received, the difference shall be termed the "Fiscal Year 2011
7Overpayment" for purposes of this Section, and the Fiscal Year
82011 Overpayment shall be repaid by the System to the General
9Revenue Fund as soon as practicable after the certification.
10 (k) For fiscal years 2012 through 2015 only, after the
11submission of all payments for eligible employees from personal
12services line items paid from the General Revenue Fund in the
13fiscal year have been made, the Comptroller shall provide to
14the System a certification of the sum of all expenditures in
15the fiscal year for personal services. Upon receipt of the
16certification, the System shall determine the amount due to the
17System based on the full rate certified by the Board under
18Section 14-135.08 for the fiscal year in order to meet the
19State's obligation under this Section. The System shall compare
20this amount due to the amount received by the System for the
21fiscal year. If the amount due is more than the amount
22received, the difference shall be termed the "Prior Fiscal Year
23Shortfall" for purposes of this Section, and the Prior Fiscal
24Year Shortfall shall be satisfied under Section 1.2 of the
25State Pension Funds Continuing Appropriation Act. If the amount
26due is less than the amount received, the difference shall be

HB0254- 20 -LRB099 04001 RPS 24018 b
1termed the "Prior Fiscal Year Overpayment" for purposes of this
2Section, and the Prior Fiscal Year Overpayment shall be repaid
3by the System to the General Revenue Fund as soon as
4practicable after the certification.
5(Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24,
6eff. 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
10appropriations of amounts which, together with the other
11employer contributions from trust, federal, and other funds,
12employee contributions, income from investments, and other
13income of this System, will be sufficient to meet the cost of
14maintaining and administering the System on a 100% funded basis
15in accordance with actuarial recommendations by the end of
16State fiscal year 2044.
17 The Board shall determine the amount of State contributions
18required for each fiscal year on the basis of the actuarial
19tables and other assumptions adopted by the Board and the
20recommendations of the actuary, using the formula in subsection
21(a-1).
22 (a-1) For State fiscal years 2016 through 2045, the minimum
23contribution to the System to be made by the State for each
24fiscal year shall be an amount determined by the System to be
25sufficient to bring the total assets of the System up to 100%

HB0254- 21 -LRB099 04001 RPS 24018 b
1of the total actuarial liabilities of the System by the end of
2State fiscal year 2045. In making these determinations, the
3required State contribution shall be calculated each year as a
4level percentage of payroll over the years remaining to and
5including fiscal year 2045 and shall be determined under the
6projected unit credit actuarial cost method.
7 For State fiscal year years 2015 through 2044, the minimum
8contribution to the System to be made by the State for the each
9fiscal year shall be an amount determined by the System to be
10equal to the sum of (1) the State's portion of the projected
11normal cost for the that fiscal year, plus (2) an amount
12sufficient to bring the total assets of the System up to 100%
13of the total actuarial liabilities of the System by the end of
14the State fiscal year 2044. In making these determinations, the
15required State contribution shall be calculated each year as a
16level percentage of payroll over the years remaining to and
17including fiscal year 2044 and shall be determined under the
18projected unit cost method for fiscal year 2015 and under the
19entry age normal actuarial cost method for fiscal years 2016
20through 2044.
21 For State fiscal years 2012 through 2014, the minimum
22contribution to the System to be made by the State for each
23fiscal year shall be an amount determined by the System to be
24sufficient to bring the total assets of the System up to 90% of
25the total actuarial liabilities of the System by the end of
26State fiscal year 2045. In making these determinations, the

HB0254- 22 -LRB099 04001 RPS 24018 b
1required State contribution shall be calculated each year as a
2level percentage of payroll over the years remaining to and
3including fiscal year 2045 and shall be determined under the
4projected unit credit actuarial cost method.
5 For State fiscal years 1996 through 2005, the State
6contribution to the System, as a percentage of the applicable
7employee payroll, shall be increased in equal annual increments
8so that by State fiscal year 2011, the State is contributing at
9the rate required under this Section.
10 Notwithstanding any other provision of this Article, the
11total required State contribution for State fiscal year 2006 is
12$166,641,900.
13 Notwithstanding any other provision of this Article, the
14total 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
17contribution to the System, as a percentage of the applicable
18employee payroll, shall be increased in equal annual increments
19from the required State contribution for State fiscal year
202007, so that by State fiscal year 2011, the State is
21contributing at the rate otherwise required under this Section.
22 Notwithstanding any other provision of this Article, the
23total required State contribution for State fiscal year 2010 is
24$702,514,000 and shall be made from the State Pensions Fund and
25proceeds of bonds sold in fiscal year 2010 pursuant to Section
267.2 of the General Obligation Bond Act, less (i) the pro rata

HB0254- 23 -LRB099 04001 RPS 24018 b
1share of bond sale expenses determined by the System's share of
2total bond proceeds, (ii) any amounts received from the General
3Revenue Fund in fiscal year 2010, (iii) any reduction in bond
4proceeds due to the issuance of discounted bonds, if
5applicable.
6 Notwithstanding any other provision of this Article, the
7total required State contribution for State fiscal year 2011 is
8the amount recertified by the System on or before April 1, 2011
9pursuant to Section 15-165 and shall be made from the State
10Pensions Fund and proceeds of bonds sold in fiscal year 2011
11pursuant to Section 7.2 of the General Obligation Bond Act,
12less (i) the pro rata share of bond sale expenses determined by
13the System's share of total bond proceeds, (ii) any amounts
14received from the General Revenue Fund in fiscal year 2011, and
15(iii) any reduction in bond proceeds due to the issuance of
16discounted bonds, if applicable.
17 Beginning in State fiscal year 2046 2045, the minimum
18contribution for each fiscal year shall be the amount needed to
19maintain the total assets of the System at 100% of the total
20liabilities of the System.
21 Amounts received by the System pursuant to Section 25 of
22the Budget Stabilization Act or Section 8.12 of the State
23Finance Act in any fiscal year do not reduce and do not
24constitute payment of any portion of the minimum State
25contribution required under this Article in that fiscal year.
26Such amounts shall not reduce, and shall not be included in the

HB0254- 24 -LRB099 04001 RPS 24018 b
1calculation of, the required State contributions under this
2Article in any future year until the System has reached a
3funding ratio of at least 100%. A reference in this Article to
4the "required State contribution" or any substantially similar
5term does not include or apply to any amounts payable to the
6System under Section 25 of the Budget Stabilization Act.
7 Notwithstanding any other provision of this Section, the
8required State contribution for State fiscal year 2005 and for
9fiscal year 2008 and each fiscal year thereafter through State
10fiscal year 2014, as calculated under this Section and
11certified under Section 15-165, shall not exceed an amount
12equal to (i) the amount of the required State contribution that
13would have been calculated under this Section for that fiscal
14year if the System had not received any payments under
15subsection (d) of Section 7.2 of the General Obligation Bond
16Act, minus (ii) the portion of the State's total debt service
17payments for that fiscal year on the bonds issued in fiscal
18year 2003 for the purposes of that Section 7.2, as determined
19and certified by the Comptroller, that is the same as the
20System's portion of the total moneys distributed under
21subsection (d) of Section 7.2 of the General Obligation Bond
22Act. In determining this maximum for State fiscal years 2008
23through 2010, however, the amount referred to in item (i) shall
24be increased, as a percentage of the applicable employee
25payroll, in equal increments calculated from the sum of the
26required State contribution for State fiscal year 2007 plus the

HB0254- 25 -LRB099 04001 RPS 24018 b
1applicable portion of the State's total debt service payments
2for fiscal year 2007 on the bonds issued in fiscal year 2003
3for the purposes of Section 7.2 of the General Obligation Bond
4Act, so that, by State fiscal year 2011, the State is
5contributing at the rate otherwise required under this Section.
6 (b) If an employee is paid from trust or federal funds, the
7employer shall pay to the Board contributions from those funds
8which are sufficient to cover the accruing normal costs on
9behalf of the employee. However, universities having employees
10who are compensated out of local auxiliary funds, income funds,
11or service enterprise funds are not required to pay such
12contributions on behalf of those employees. The local auxiliary
13funds, income funds, and service enterprise funds of
14universities shall not be considered trust funds for the
15purpose of this Article, but funds of alumni associations,
16foundations, and athletic associations which are affiliated
17with the universities included as employers under this Article
18and other employers which do not receive State appropriations
19are considered to be trust funds for the purpose of this
20Article.
21 (b-1) The City of Urbana and the City of Champaign shall
22each make employer contributions to this System for their
23respective firefighter employees who participate in this
24System pursuant to subsection (h) of Section 15-107. The rate
25of contributions to be made by those municipalities shall be
26determined annually by the Board on the basis of the actuarial

HB0254- 26 -LRB099 04001 RPS 24018 b
1assumptions adopted by the Board and the recommendations of the
2actuary, and shall be expressed as a percentage of salary for
3each such employee. The Board shall certify the rate to the
4affected municipalities as soon as may be practical. The
5employer contributions required under this subsection shall be
6remitted by the municipality to the System at the same time and
7in the same manner as employee contributions.
8 (c) Through State fiscal year 1995: The total employer
9contribution shall be apportioned among the various funds of
10the State and other employers, whether trust, federal, or other
11funds, in accordance with actuarial procedures approved by the
12Board. State of Illinois contributions for employers receiving
13State appropriations for personal services shall be payable
14from appropriations made to the employers or to the System. The
15contributions for Class I community colleges covering earnings
16other than those paid from trust and federal funds, shall be
17payable solely from appropriations to the Illinois Community
18College Board or the System for employer contributions.
19 (d) Beginning in State fiscal year 1996, the required State
20contributions to the System shall be appropriated directly to
21the System and shall be payable through vouchers issued in
22accordance with subsection (c) of Section 15-165, except as
23provided in subsection (g).
24 (e) The State Comptroller shall draw warrants payable to
25the System upon proper certification by the System or by the
26employer in accordance with the appropriation laws and this

HB0254- 27 -LRB099 04001 RPS 24018 b
1Code.
2 (f) Normal costs under this Section means liability for
3pensions and other benefits which accrues to the System because
4of the credits earned for service rendered by the participants
5during the fiscal year and expenses of administering the
6System, but shall not include the principal of or any
7redemption premium or interest on any bonds issued by the Board
8or any expenses incurred or deposits required in connection
9therewith.
10 (g) If the amount of a participant's earnings for any
11academic year used to determine the final rate of earnings,
12determined on a full-time equivalent basis, exceeds the amount
13of his or her earnings with the same employer for the previous
14academic year, determined on a full-time equivalent basis, by
15more than 6%, the participant's employer shall pay to the
16System, in addition to all other payments required under this
17Section and in accordance with guidelines established by the
18System, the present value of the increase in benefits resulting
19from the portion of the increase in earnings that is in excess
20of 6%. This present value shall be computed by the System on
21the basis of the actuarial assumptions and tables used in the
22most recent actuarial valuation of the System that is available
23at the time of the computation. The System may require the
24employer to provide any pertinent information or
25documentation.
26 Whenever it determines that a payment is or may be required

HB0254- 28 -LRB099 04001 RPS 24018 b
1under this subsection (g), the System shall calculate the
2amount of the payment and bill the employer for that amount.
3The bill shall specify the calculations used to determine the
4amount due. If the employer disputes the amount of the bill, it
5may, within 30 days after receipt of the bill, apply to the
6System in writing for a recalculation. The application must
7specify in detail the grounds of the dispute and, if the
8employer asserts that the calculation is subject to subsection
9(h) or (i) of this Section, must include an affidavit setting
10forth and attesting to all facts within the employer's
11knowledge that are pertinent to the applicability of subsection
12(h) or (i). Upon receiving a timely application for
13recalculation, the System shall review the application and, if
14appropriate, 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
17receipt of the bill. If the employer contributions are not paid
18within 90 days after receipt of the bill, then interest will be
19charged at a rate equal to the System's annual actuarially
20assumed rate of return on investment compounded annually from
21the 91st day after receipt of the bill. Payments must be
22concluded within 3 years after the employer's receipt of the
23bill.
24 (h) This subsection (h) applies only to payments made or
25salary increases given on or after June 1, 2005 but before July
261, 2011. The changes made by Public Act 94-1057 shall not

HB0254- 29 -LRB099 04001 RPS 24018 b
1require the System to refund any payments received before July
231, 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
5participants under contracts or collective bargaining
6agreements entered into, amended, or renewed before June 1,
72005.
8 When assessing payment for any amount due under subsection
9(g), the System shall exclude earnings increases paid to a
10participant at a time when the participant is 10 or more years
11from 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
14overload work, including a contract for summer teaching, or
15overtime when the employer has certified to the System, and the
16System has approved the certification, that: (i) in the case of
17overloads (A) the overload work is for the sole purpose of
18academic instruction in excess of the standard number of
19instruction hours for a full-time employee occurring during the
20academic year that the overload is paid and (B) the earnings
21increases are equal to or less than the rate of pay for
22academic instruction computed using the participant's current
23salary rate and work schedule; and (ii) in the case of
24overtime, the overtime was necessary for the educational
25mission.
26 When assessing payment for any amount due under subsection

HB0254- 30 -LRB099 04001 RPS 24018 b
1(g), the System shall exclude any earnings increase resulting
2from (i) a promotion for which the employee moves from one
3classification to a higher classification under the State
4Universities Civil Service System, (ii) a promotion in academic
5rank for a tenured or tenure-track faculty position, or (iii) a
6promotion that the Illinois Community College Board has
7recommended in accordance with subsection (k) of this Section.
8These earnings increases shall be excluded only if the
9promotion is to a position that has existed and been filled by
10a member for no less than one complete academic year and the
11earnings increase as a result of the promotion is an increase
12that results in an amount no greater than the average salary
13paid for other similar positions.
14 (i) When assessing payment for any amount due under
15subsection (g), the System shall exclude any salary increase
16described in subsection (h) of this Section given on or after
17July 1, 2011 but before July 1, 2014 under a contract or
18collective bargaining agreement entered into, amended, or
19renewed on or after June 1, 2005 but before July 1, 2011.
20Notwithstanding any other provision of this Section, any
21payments made or salary increases given after June 30, 2014
22shall be used in assessing payment for any amount due under
23subsection (g) of this Section.
24 (j) The System shall prepare a report and file copies of
25the report with the Governor and the General Assembly by
26January 1, 2007 that contains all of the following information:

HB0254- 31 -LRB099 04001 RPS 24018 b
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
14for recommending lists of promotional positions submitted to
15the Board by community colleges and for reviewing the
16promotional lists on an annual basis. When recommending
17promotional lists, the Board shall consider the similarity of
18the positions submitted to those positions recognized for State
19universities by the State Universities Civil Service System.
20The Illinois Community College Board shall file a copy of its
21findings with the System. The System shall consider the
22findings of the Illinois Community College Board when making
23determinations under this Section. The System shall not exclude
24any earnings increases resulting from a promotion when the
25promotion was not submitted by a community college. Nothing in
26this subsection (k) shall require any community college to

HB0254- 32 -LRB099 04001 RPS 24018 b
1submit any information to the Community College Board.
2 (l) For purposes of determining the required State
3contribution to the System, the value of the System's assets
4shall be equal to the actuarial value of the System's assets,
5which shall be calculated as follows:
6 As of June 30, 2008, the actuarial value of the System's
7assets shall be equal to the market value of the assets as of
8that date. In determining the actuarial value of the System's
9assets for fiscal years after June 30, 2008, any actuarial
10gains or losses from investment return incurred in a fiscal
11year shall be recognized in equal annual amounts over the
125-year period following that fiscal year.
13 (m) For purposes of determining the required State
14contribution to the system for a particular year, the actuarial
15value of assets shall be assumed to earn a rate of return equal
16to the system's actuarially assumed rate of return.
17(Source: P.A. 97-813, eff. 7-13-12; 98-92, eff. 7-16-13;
1898-463, 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
21units.
22 (a) The State shall make contributions to the System by
23means of appropriations from the Common School Fund and other
24State funds of amounts which, together with other employer
25contributions, employee contributions, investment income, and

HB0254- 33 -LRB099 04001 RPS 24018 b
1other income, will be sufficient to meet the cost of
2maintaining and administering the System on a 100% funded basis
3in accordance with actuarial recommendations by the end of
4State fiscal year 2044.
5 The Board shall determine the amount of State contributions
6required for each fiscal year on the basis of the actuarial
7tables and other assumptions adopted by the Board and the
8recommendations of the actuary, using the formula in subsection
9(b-3).
10 (a-1) Annually, on or before November 15 through November
1115, 2011, the Board shall certify to the Governor the amount of
12the required State contribution for the coming fiscal year. The
13certification under this subsection (a-1) shall include a copy
14of the actuarial recommendations upon which it is based.
15 On or before May 1, 2004, the Board shall recalculate and
16recertify to the Governor the amount of the required State
17contribution to the System for State fiscal year 2005, taking
18into account the amounts appropriated to and received by the
19System under subsection (d) of Section 7.2 of the General
20Obligation Bond Act.
21 On or before July 1, 2005, the Board shall recalculate and
22recertify to the Governor the amount of the required State
23contribution to the System for State fiscal year 2006, taking
24into account the changes in required State contributions made
25by this amendatory Act of the 94th General Assembly.
26 On or before April 1, 2011, the Board shall recalculate and

HB0254- 34 -LRB099 04001 RPS 24018 b
1recertify to the Governor the amount of the required State
2contribution to the System for State fiscal year 2011, applying
3the changes made by Public Act 96-889 to the System's assets
4and liabilities as of June 30, 2009 as though Public Act 96-889
5was approved on that date.
6 (a-5) On or before November 1 of each year, beginning
7November 1, 2012, the Board shall submit to the State Actuary,
8the Governor, and the General Assembly a proposed certification
9of the amount of the required State contribution to the System
10for the next fiscal year, along with all of the actuarial
11assumptions, calculations, and data upon which that proposed
12certification is based. On or before January 1 of each year,
13beginning January 1, 2013, the State Actuary shall issue a
14preliminary report concerning the proposed certification and
15identifying, if necessary, recommended changes in actuarial
16assumptions that the Board must consider before finalizing its
17certification of the required State contributions.
18 On or before January 15, 2013 and each January 15
19thereafter, the Board shall certify to the Governor and the
20General Assembly the amount of the required State contribution
21for the next fiscal year. The certification shall include a
22copy of the actuarial recommendations upon which it is based
23and shall specifically identify the System's projected State
24normal cost for that fiscal year. The Board's certification
25must note any deviations from the State Actuary's recommended
26changes, the reason or reasons for not following the State

HB0254- 35 -LRB099 04001 RPS 24018 b
1Actuary's recommended changes, and the fiscal impact of not
2following the State Actuary's recommended changes on the
3required State contribution.
4 (a-10) For purposes of Section (c-5) of Section 20 of the
5Budget Stabilization Act, on or before November 1 of each year
6beginning November 1, 2014, the Board shall determine the
7amount of the State contribution to the System that would have
8been required for the next fiscal year if this amendatory Act
9of the 98th General Assembly had not taken effect, using the
10best and most recent available data but based on the law in
11effect on May 31, 2014. The Board shall submit to the State
12Actuary, the Governor, and the General Assembly a proposed
13certification, along with the relevant law, actuarial
14assumptions, calculations, and data upon which that
15certification is based. On or before January 1, 2015 and every
16January 1 thereafter, the State Actuary shall issue a
17preliminary report concerning the proposed certification and
18identifying, if necessary, recommended changes in actuarial
19assumptions that the Board must consider before finalizing its
20certification. On or before January 15, 2015 and every January
211 thereafter, the Board shall certify to the Governor and the
22General Assembly the amount of the State contribution to the
23System that would have been required for the next fiscal year
24if this amendatory Act of the 98th General Assembly had not
25taken effect, using the best and most recent available data but
26based on the law in effect on May 31, 2014. The Board's

HB0254- 36 -LRB099 04001 RPS 24018 b
1certification must note any deviations from the State Actuary's
2recommended changes, the reason or reasons for not following
3the State Actuary's recommended changes, and the impact of not
4following the State Actuary's recommended changes.
5 (b) Through State fiscal year 1995, the State contributions
6shall be paid to the System in accordance with Section 18-7 of
7the School Code.
8 (b-1) Beginning in State fiscal year 1996, on the 15th day
9of each month, or as soon thereafter as may be practicable, the
10Board shall submit vouchers for payment of State contributions
11to the System, in a total monthly amount of one-twelfth of the
12required annual State contribution certified under subsection
13(a-1). From the effective date of this amendatory Act of the
1493rd General Assembly through June 30, 2004, the Board shall
15not submit vouchers for the remainder of fiscal year 2004 in
16excess of the fiscal year 2004 certified contribution amount
17determined under this Section after taking into consideration
18the transfer to the System under subsection (a) of Section
196z-61 of the State Finance Act. These vouchers shall be paid by
20the State Comptroller and Treasurer by warrants drawn on the
21funds appropriated to the System for that fiscal year.
22 If in any month the amount remaining unexpended from all
23other appropriations to the System for the applicable fiscal
24year (including the appropriations to the System under Section
258.12 of the State Finance Act and Section 1 of the State
26Pension Funds Continuing Appropriation Act) is less than the

HB0254- 37 -LRB099 04001 RPS 24018 b
1amount lawfully vouchered under this subsection, the
2difference shall be paid from the Common School Fund under the
3continuing appropriation authority provided in Section 1.1 of
4the State Pension Funds Continuing Appropriation Act.
5 (b-2) Allocations from the Common School Fund apportioned
6to school districts not coming under this System shall not be
7diminished or affected by the provisions of this Article.
8 (b-3) For State fiscal years 2016 through 2045, the minimum
9contribution to the System to be made by the State for each
10fiscal year shall be an amount determined by the System to be
11sufficient to bring the total assets of the System up to 100%
12of the total actuarial liabilities of the System by the end of
13State fiscal year 2045. In making these determinations, the
14required State contribution shall be calculated each year as a
15level percentage of payroll over the years remaining to and
16including fiscal year 2045 and shall be determined under the
17projected unit credit actuarial cost method.
18 For State fiscal year years 2015 through 2044, the minimum
19contribution to the System to be made by the State for the each
20fiscal year shall be an amount determined by the System to be
21equal to the sum of (1) the State's portion of the projected
22normal cost for the that fiscal year, plus (2) an amount
23sufficient to bring the total assets of the System up to 100%
24of the total actuarial liabilities of the System by the end of
25State fiscal year 2044. In making these determinations, the
26required State contribution shall be calculated each year as a

HB0254- 38 -LRB099 04001 RPS 24018 b
1level percentage of payroll over the years remaining to and
2including fiscal year 2044 and shall be determined under the
3projected unit cost method for fiscal year 2015 and under the
4entry age normal actuarial cost method for fiscal years 2016
5through 2044.
6 For State fiscal years 2012 through 2014, the minimum
7contribution to the System to be made by the State for each
8fiscal year shall be an amount determined by the System to be
9sufficient to bring the total assets of the System up to 90% of
10the total actuarial liabilities of the System by the end of
11State fiscal year 2045. In making these determinations, the
12required State contribution shall be calculated each year as a
13level percentage of payroll over the years remaining to and
14including fiscal year 2045 and shall be determined under the
15projected unit credit actuarial cost method.
16 For State fiscal years 1996 through 2005, the State
17contribution to the System, as a percentage of the applicable
18employee payroll, shall be increased in equal annual increments
19so that by State fiscal year 2011, the State is contributing at
20the rate required under this Section; except that in the
21following specified State fiscal years, the State contribution
22to the System shall not be less than the following indicated
23percentages of the applicable employee payroll, even if the
24indicated percentage will produce a State contribution in
25excess of the amount otherwise required under this subsection
26and subsection (a), and notwithstanding any contrary

HB0254- 39 -LRB099 04001 RPS 24018 b
1certification made under subsection (a-1) before the effective
2date of this amendatory Act of 1998: 10.02% in FY 1999; 10.77%
3in FY 2000; 11.47% in FY 2001; 12.16% in FY 2002; 12.86% in FY
42003; and 13.56% in FY 2004.
5 Notwithstanding any other provision of this Article, the
6total required State contribution for State fiscal year 2006 is
7$534,627,700.
8 Notwithstanding any other provision of this Article, the
9total 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
12contribution to the System, as a percentage of the applicable
13employee payroll, shall be increased in equal annual increments
14from the required State contribution for State fiscal year
152007, so that by State fiscal year 2011, the State is
16contributing at the rate otherwise required under this Section.
17 Notwithstanding any other provision of this Article, the
18total required State contribution for State fiscal year 2010 is
19$2,089,268,000 and shall be made from the proceeds of bonds
20sold in fiscal year 2010 pursuant to Section 7.2 of the General
21Obligation Bond Act, less (i) the pro rata share of bond sale
22expenses determined by the System's share of total bond
23proceeds, (ii) any amounts received from the Common School Fund
24in fiscal year 2010, and (iii) any reduction in bond proceeds
25due to the issuance of discounted bonds, if applicable.
26 Notwithstanding any other provision of this Article, the

HB0254- 40 -LRB099 04001 RPS 24018 b
1total required State contribution for State fiscal year 2011 is
2the amount recertified by the System on or before April 1, 2011
3pursuant to subsection (a-1) of this Section and shall be made
4from the proceeds of bonds sold in fiscal year 2011 pursuant to
5Section 7.2 of the General Obligation Bond Act, less (i) the
6pro rata share of bond sale expenses determined by the System's
7share of total bond proceeds, (ii) any amounts received from
8the Common School Fund in fiscal year 2011, and (iii) any
9reduction in bond proceeds due to the issuance of discounted
10bonds, if applicable. This amount shall include, in addition to
11the amount certified by the System, an amount necessary to meet
12employer contributions required by the State as an employer
13under paragraph (e) of this Section, which may also be used by
14the System for contributions required by paragraph (a) of
15Section 16-127.
16 Beginning in State fiscal year 2046 2045, the minimum State
17contribution for each fiscal year shall be the amount needed to
18maintain the total assets of the System at 100% of the total
19actuarial liabilities of the System.
20 Amounts received by the System pursuant to Section 25 of
21the Budget Stabilization Act or Section 8.12 of the State
22Finance Act in any fiscal year do not reduce and do not
23constitute payment of any portion of the minimum State
24contribution required under this Article in that fiscal year.
25Such amounts shall not reduce, and shall not be included in the
26calculation of, the required State contributions under this

HB0254- 41 -LRB099 04001 RPS 24018 b
1Article in any future year until the System has reached a
2funding ratio of at least 100%. A reference in this Article to
3the "required State contribution" or any substantially similar
4term does not include or apply to any amounts payable to the
5System under Section 25 of the Budget Stabilization Act.
6 Notwithstanding any other provision of this Section, the
7required State contribution for State fiscal year 2005 and for
8fiscal year 2008 and each fiscal year thereafter through State
9fiscal year 2014, as calculated under this Section and
10certified under subsection (a-1), shall not exceed an amount
11equal to (i) the amount of the required State contribution that
12would have been calculated under this Section for that fiscal
13year if the System had not received any payments under
14subsection (d) of Section 7.2 of the General Obligation Bond
15Act, minus (ii) the portion of the State's total debt service
16payments for that fiscal year on the bonds issued in fiscal
17year 2003 for the purposes of that Section 7.2, as determined
18and certified by the Comptroller, that is the same as the
19System's portion of the total moneys distributed under
20subsection (d) of Section 7.2 of the General Obligation Bond
21Act. In determining this maximum for State fiscal years 2008
22through 2010, however, the amount referred to in item (i) shall
23be increased, as a percentage of the applicable employee
24payroll, in equal increments calculated from the sum of the
25required State contribution for State fiscal year 2007 plus the
26applicable portion of the State's total debt service payments

HB0254- 42 -LRB099 04001 RPS 24018 b
1for fiscal year 2007 on the bonds issued in fiscal year 2003
2for the purposes of Section 7.2 of the General Obligation Bond
3Act, so that, by State fiscal year 2011, the State is
4contributing at the rate otherwise required under this Section.
5 (c) Payment of the required State contributions and of all
6pensions, retirement annuities, death benefits, refunds, and
7other benefits granted under or assumed by this System, and all
8expenses in connection with the administration and operation
9thereof, are obligations of the State.
10 If members are paid from special trust or federal funds
11which are administered by the employing unit, whether school
12district or other unit, the employing unit shall pay to the
13System from such funds the full accruing retirement costs based
14upon that service, which, beginning July 1, 2014, shall be at a
15rate, expressed as a percentage of salary, equal to the total
16minimum contribution to the System to be made by the State for
17that fiscal year, including both normal cost and unfunded
18liability components, expressed as a percentage of payroll, as
19determined by the System under subsection (b-3) of this
20Section. Employer contributions, based on salary paid to
21members from federal funds, may be forwarded by the
22distributing agency of the State of Illinois to the System
23prior to allocation, in an amount determined in accordance with
24guidelines established by such agency and the System. Any
25contribution for fiscal year 2015 collected as a result of the
26change made by this amendatory Act of the 98th General Assembly

HB0254- 43 -LRB099 04001 RPS 24018 b
1shall be considered a State contribution under subsection (b-3)
2of this Section.
3 (d) Effective July 1, 1986, any employer of a teacher as
4defined in paragraph (8) of Section 16-106 shall pay the
5employer's normal cost of benefits based upon the teacher's
6service, in addition to employee contributions, as determined
7by the System. Such employer contributions shall be forwarded
8monthly in accordance with guidelines established by the
9System.
10 However, with respect to benefits granted under Section
1116-133.4 or 16-133.5 to a teacher as defined in paragraph (8)
12of Section 16-106, the employer's contribution shall be 12%
13(rather than 20%) of the member's highest annual salary rate
14for each year of creditable service granted, and the employer
15shall also pay the required employee contribution on behalf of
16the teacher. For the purposes of Sections 16-133.4 and
1716-133.5, a teacher as defined in paragraph (8) of Section
1816-106 who is serving in that capacity while on leave of
19absence from another employer under this Article shall not be
20considered an employee of the employer from which the teacher
21is on leave.
22 (e) Beginning July 1, 1998, every employer of a teacher
23shall pay to the System an employer contribution computed as
24follows:
25 (1) Beginning July 1, 1998 through June 30, 1999, the
26 employer contribution shall be equal to 0.3% of each

HB0254- 44 -LRB099 04001 RPS 24018 b
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.
5The school district or other employing unit may pay these
6employer contributions out of any source of funding available
7for that purpose and shall forward the contributions to the
8System on the schedule established for the payment of member
9contributions.
10 These employer contributions are intended to offset a
11portion of the cost to the System of the increases in
12retirement benefits resulting from this amendatory Act of 1998.
13 Each employer of teachers is entitled to a credit against
14the contributions required under this subsection (e) with
15respect to salaries paid to teachers for the period January 1,
162002 through June 30, 2003, equal to the amount paid by that
17employer under subsection (a-5) of Section 6.6 of the State
18Employees Group Insurance Act of 1971 with respect to salaries
19paid to teachers for that period.
20 The additional 1% employee contribution required under
21Section 16-152 by this amendatory Act of 1998 is the
22responsibility of the teacher and not the teacher's employer,
23unless the employer agrees, through collective bargaining or
24otherwise, to make the contribution on behalf of the teacher.
25 If an employer is required by a contract in effect on May
261, 1998 between the employer and an employee organization to

HB0254- 45 -LRB099 04001 RPS 24018 b
1pay, on behalf of all its full-time employees covered by this
2Article, all mandatory employee contributions required under
3this Article, then the employer shall be excused from paying
4the employer contribution required under this subsection (e)
5for the balance of the term of that contract. The employer and
6the employee organization shall jointly certify to the System
7the existence of the contractual requirement, in such form as
8the System may prescribe. This exclusion shall cease upon the
9termination, extension, or renewal of the contract at any time
10after May 1, 1998.
11 (f) If the amount of a teacher's salary for any school year
12used to determine final average salary exceeds the member's
13annual full-time salary rate with the same employer for the
14previous school year by more than 6%, the teacher's employer
15shall pay to the System, in addition to all other payments
16required under this Section and in accordance with guidelines
17established by the System, the present value of the increase in
18benefits resulting from the portion of the increase in salary
19that is in excess of 6%. This present value shall be computed
20by the System on the basis of the actuarial assumptions and
21tables used in the most recent actuarial valuation of the
22System that is available at the time of the computation. If a
23teacher's salary for the 2005-2006 school year is used to
24determine final average salary under this subsection (f), then
25the changes made to this subsection (f) by Public Act 94-1057
26shall apply in calculating whether the increase in his or her

HB0254- 46 -LRB099 04001 RPS 24018 b
1salary is in excess of 6%. For the purposes of this Section,
2change in employment under Section 10-21.12 of the School Code
3on or after June 1, 2005 shall constitute a change in employer.
4The System may require the employer to provide any pertinent
5information or documentation. The changes made to this
6subsection (f) by this amendatory Act of the 94th General
7Assembly apply without regard to whether the teacher was in
8service on or after its effective date.
9 Whenever it determines that a payment is or may be required
10under this subsection, the System shall calculate the amount of
11the payment and bill the employer for that amount. The bill
12shall specify the calculations used to determine the amount
13due. If the employer disputes the amount of the bill, it may,
14within 30 days after receipt of the bill, apply to the System
15in writing for a recalculation. The application must specify in
16detail the grounds of the dispute and, if the employer asserts
17that the calculation is subject to subsection (g) or (h) of
18this Section, must include an affidavit setting forth and
19attesting to all facts within the employer's knowledge that are
20pertinent to the applicability of that subsection. Upon
21receiving a timely application for recalculation, the System
22shall review the application and, if appropriate, recalculate
23the 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
26receipt of the bill. If the employer contributions are not paid

HB0254- 47 -LRB099 04001 RPS 24018 b
1within 90 days after receipt of the bill, then interest will be
2charged at a rate equal to the System's annual actuarially
3assumed rate of return on investment compounded annually from
4the 91st day after receipt of the bill. Payments must be
5concluded within 3 years after the employer's receipt of the
6bill.
7 (g) This subsection (g) applies only to payments made or
8salary increases given on or after June 1, 2005 but before July
91, 2011. The changes made by Public Act 94-1057 shall not
10require the System to refund any payments received before July
1131, 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
14under contracts or collective bargaining agreements entered
15into, 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
18teacher at a time when the teacher is 10 or more years from
19retirement 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
22overload work, including summer school, when the school
23district has certified to the System, and the System has
24approved the certification, that (i) the overload work is for
25the sole purpose of classroom instruction in excess of the
26standard number of classes for a full-time teacher in a school

HB0254- 48 -LRB099 04001 RPS 24018 b
1district during a school year and (ii) the salary increases are
2equal to or less than the rate of pay for classroom instruction
3computed 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
6a promotion (i) for which the employee is required to hold a
7certificate or supervisory endorsement issued by the State
8Teacher Certification Board that is a different certification
9or supervisory endorsement than is required for the teacher's
10previous position and (ii) to a position that has existed and
11been filled by a member for no less than one complete academic
12year and the salary increase from the promotion is an increase
13that results in an amount no greater than the lesser of the
14average salary paid for other similar positions in the district
15requiring the same certification or the amount stipulated in
16the collective bargaining agreement for a similar position
17requiring 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
20the State of Illinois or the State Board of Education over
21which the employer does not have discretion, notwithstanding
22that the payment is included in the computation of final
23average salary.
24 (h) When assessing payment for any amount due under
25subsection (f), the System shall exclude any salary increase
26described in subsection (g) of this Section given on or after

HB0254- 49 -LRB099 04001 RPS 24018 b
1July 1, 2011 but before July 1, 2014 under a contract or
2collective bargaining agreement entered into, amended, or
3renewed on or after June 1, 2005 but before July 1, 2011.
4Notwithstanding any other provision of this Section, any
5payments made or salary increases given after June 30, 2014
6shall be used in assessing payment for any amount due under
7subsection (f) of this Section.
8 (i) The System shall prepare a report and file copies of
9the report with the Governor and the General Assembly by
10January 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
24contribution to the System, the value of the System's assets
25shall be equal to the actuarial value of the System's assets,
26which shall be calculated as follows:

HB0254- 50 -LRB099 04001 RPS 24018 b
1 As of June 30, 2008, the actuarial value of the System's
2assets shall be equal to the market value of the assets as of
3that date. In determining the actuarial value of the System's
4assets for fiscal years after June 30, 2008, any actuarial
5gains or losses from investment return incurred in a fiscal
6year shall be recognized in equal annual amounts over the
75-year period following that fiscal year.
8 (k) For purposes of determining the required State
9contribution to the system for a particular year, the actuarial
10value of assets shall be assumed to earn a rate of return equal
11to the system's actuarially assumed rate of return.
12(Source: P.A. 97-694, eff. 6-18-12; 97-813, eff. 7-13-12;
1398-599, 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
17System by appropriations of the amounts which, together with
18the contributions of participants, net earnings on
19investments, and other income, will meet the costs of
20maintaining and administering this System on a 100% 90% funded
21basis in accordance with actuarial recommendations.
22 (b) The Board shall determine the amount of State
23contributions required for each fiscal year on the basis of the
24actuarial tables and other assumptions adopted by the Board and
25the prescribed rate of interest, using the formula in

HB0254- 51 -LRB099 04001 RPS 24018 b
1subsection (c).
2 (c) For State fiscal years 2016 through 2045, the minimum
3contribution to the System to be made by the State for each
4fiscal year shall be an amount determined by the System to be
5sufficient to bring the total assets of the System up to 100%
6of the total actuarial liabilities of the System by the end of
7State fiscal year 2045. In making these determinations, the
8required State contribution shall be calculated each year as a
9level percentage of payroll over the years remaining to and
10including fiscal year 2045 and shall be determined under the
11projected unit credit actuarial cost method.
12 For State fiscal years 2012 through 2015 2045, the minimum
13contribution to the System to be made by the State for each
14fiscal year shall be an amount determined by the System to be
15sufficient to bring the total assets of the System up to 90% of
16the total actuarial liabilities of the System by the end of
17State fiscal year 2045. In making these determinations, the
18required State contribution shall be calculated each year as a
19level percentage of payroll over the years remaining to and
20including fiscal year 2045 and shall be determined under the
21projected unit credit actuarial cost method.
22 For State fiscal years 1996 through 2005, the State
23contribution to the System, as a percentage of the applicable
24employee payroll, shall be increased in equal annual increments
25so that by State fiscal year 2011, the State is contributing at
26the rate required under this Section.

HB0254- 52 -LRB099 04001 RPS 24018 b
1 Notwithstanding any other provision of this Article, the
2total required State contribution for State fiscal year 2006 is
3$29,189,400.
4 Notwithstanding any other provision of this Article, the
5total 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
8contribution to the System, as a percentage of the applicable
9employee payroll, shall be increased in equal annual increments
10from the required State contribution for State fiscal year
112007, so that by State fiscal year 2011, the State is
12contributing at the rate otherwise required under this Section.
13 Notwithstanding any other provision of this Article, the
14total required State contribution for State fiscal year 2010 is
15$78,832,000 and shall be made from the proceeds of bonds sold
16in fiscal year 2010 pursuant to Section 7.2 of the General
17Obligation Bond Act, less (i) the pro rata share of bond sale
18expenses determined by the System's share of total bond
19proceeds, (ii) any amounts received from the General Revenue
20Fund in fiscal year 2010, and (iii) any reduction in bond
21proceeds due to the issuance of discounted bonds, if
22applicable.
23 Notwithstanding any other provision of this Article, the
24total required State contribution for State fiscal year 2011 is
25the amount recertified by the System on or before April 1, 2011
26pursuant to Section 18-140 and shall be made from the proceeds

HB0254- 53 -LRB099 04001 RPS 24018 b
1of bonds sold in fiscal year 2011 pursuant to Section 7.2 of
2the General Obligation Bond Act, less (i) the pro rata share of
3bond sale expenses determined by the System's share of total
4bond proceeds, (ii) any amounts received from the General
5Revenue Fund in fiscal year 2011, and (iii) any reduction in
6bond proceeds due to the issuance of discounted bonds, if
7applicable.
8 Beginning in State fiscal year 2046, the minimum State
9contribution for each fiscal year shall be the amount needed to
10maintain the total assets of the System at 100% 90% of the
11total actuarial liabilities of the System.
12 Amounts received by the System pursuant to Section 25 of
13the Budget Stabilization Act or Section 8.12 of the State
14Finance Act in any fiscal year do not reduce and do not
15constitute payment of any portion of the minimum State
16contribution required under this Article in that fiscal year.
17Such amounts shall not reduce, and shall not be included in the
18calculation of, the required State contributions under this
19Article in any future year until the System has reached a
20funding ratio of at least 100% 90%. A reference in this Article
21to the "required State contribution" or any substantially
22similar term does not include or apply to any amounts payable
23to the System under Section 25 of the Budget Stabilization Act.
24 Notwithstanding any other provision of this Section, the
25required State contribution for State fiscal year 2005 and for
26fiscal year 2008 and each fiscal year thereafter, as calculated

HB0254- 54 -LRB099 04001 RPS 24018 b
1under this Section and certified under Section 18-140, shall
2not exceed an amount equal to (i) the amount of the required
3State contribution that would have been calculated under this
4Section for that fiscal year if the System had not received any
5payments under subsection (d) of Section 7.2 of the General
6Obligation Bond Act, minus (ii) the portion of the State's
7total debt service payments for that fiscal year on the bonds
8issued in fiscal year 2003 for the purposes of that Section
97.2, as determined and certified by the Comptroller, that is
10the same as the System's portion of the total moneys
11distributed under subsection (d) of Section 7.2 of the General
12Obligation Bond Act. In determining this maximum for State
13fiscal years 2008 through 2010, however, the amount referred to
14in item (i) shall be increased, as a percentage of the
15applicable employee payroll, in equal increments calculated
16from the sum of the required State contribution for State
17fiscal year 2007 plus the applicable portion of the State's
18total debt service payments for fiscal year 2007 on the bonds
19issued in fiscal year 2003 for the purposes of Section 7.2 of
20the General Obligation Bond Act, so that, by State fiscal year
212011, the State is contributing at the rate otherwise required
22under this Section.
23 (d) For purposes of determining the required State
24contribution to the System, the value of the System's assets
25shall be equal to the actuarial value of the System's assets,
26which shall be calculated as follows:

HB0254- 55 -LRB099 04001 RPS 24018 b
1 As of June 30, 2008, the actuarial value of the System's
2assets shall be equal to the market value of the assets as of
3that date. In determining the actuarial value of the System's
4assets for fiscal years after June 30, 2008, any actuarial
5gains or losses from investment return incurred in a fiscal
6year shall be recognized in equal annual amounts over the
75-year period following that fiscal year.
8 (e) For purposes of determining the required State
9contribution to the system for a particular year, the actuarial
10value of assets shall be assumed to earn a rate of return equal
11to the system's actuarially assumed rate of return.
12(Source: P.A. 96-43, eff. 7-15-09; 96-1497, eff. 1-14-11;
1396-1511, eff. 1-27-11; 96-1554, eff. 3-18-11; 97-813, eff.
147-13-12.)
15 Section 99. Effective date. This Act takes effect upon
16becoming law.