Bill Text: IL HB4513 | 2011-2012 | 97th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Metropolitan Water Reclamation District Article of the Illinois Pension Code. Increases the required employee contributions of persons who first became employees of the Fund or certain reciprocal systems before January 1, 2011. Changes the manner in which the District calculates its required contribution and tax levy. The new contribution amount is calculated as the employer's normal cost plus the annual amount needed to amortize the unfunded liability by the year 2050 as a level percent of payroll, but shall not exceed an amount equal to the total employee contributions 2 years prior multiplied by 4.19 (currently 2.19). States that the funding goal is to attain a funded ratio of at least 90% by the year 2050. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Sponsorship: Moderate Partisan Bill (Democrat 4-1)

Status: (Passed) 2012-08-03 - Public Act . . . . . . . . . 97-0894 [HB4513 Detail]

Download: Illinois-2011-HB4513-Amended.html

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Sen. John J. Cullerton

Filed: 5/2/2012

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AMENDMENT TO HOUSE BILL 4513
AMENDMENT NO. ______. Amend House Bill 4513 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Public Labor Relations Act is
amended by changing Sections 4 and 15 as follows:
(5 ILCS 315/4) (from Ch. 48, par. 1604)
Sec. 4. Management Rights. Employers shall not be required
to bargain over matters of inherent managerial policy, which
shall include such areas of discretion or policy as the
functions of the employer, standards of services, its overall
budget, the organizational structure and selection of new
employees, examination techniques and direction of employees.
Employers, however, shall be required to bargain collectively
with regard to policy matters directly affecting wages (but
subject to any applicable restrictions in Section 13-502.5 of
the Illinois Pension Code), hours and terms and conditions of

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employment as well as the impact thereon upon request by
employee representatives.
To preserve the rights of employers and exclusive
representatives which have established collective bargaining
relationships or negotiated collective bargaining agreements
prior to the effective date of this Act, employers shall be
required to bargain collectively with regard to any matter
concerning wages (but subject to any applicable restrictions in
Section 13-502.5 of the Illinois Pension Code), hours or
conditions of employment about which they have bargained for
and agreed to in a collective bargaining agreement prior to the
effective date of this Act.
The chief judge of the judicial circuit that employs a
public employee who is a court reporter, as defined in the
Court Reporters Act, has the authority to hire, appoint,
promote, evaluate, discipline, and discharge court reporters
within that judicial circuit.
Nothing in this amendatory Act of the 94th General Assembly
shall be construed to intrude upon the judicial functions of
any court. This amendatory Act of the 94th General Assembly
applies only to nonjudicial administrative matters relating to
the collective bargaining rights of court reporters.
(Source: P.A. 94-98, eff. 7-1-05.)
(5 ILCS 315/15) (from Ch. 48, par. 1615)
Sec. 15. Act Takes Precedence.

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(a) In case of any conflict between the provisions of this
Act and any other law (other than Section 5 of the State
Employees Group Insurance Act of 1971 and other than the
changes made to the Illinois Pension Code by Public Act 96-889
and this amendatory Act of the 97th 96th General Assembly),
executive order or administrative regulation relating to
wages, hours and conditions of employment and employment
relations, the provisions of this Act or any collective
bargaining agreement negotiated thereunder shall prevail and
control. Nothing in this Act shall be construed to replace or
diminish the rights of employees established by Sections 28 and
28a of the Metropolitan Transit Authority Act, Sections 2.15
through 2.19 of the Regional Transportation Authority Act. The
provisions of this Act are subject to Section 5 of the State
Employees Group Insurance Act of 1971. The provisions of this
Act are also subject to and preempted by Section 13-502.5 of
the Illinois Pension Code. Nothing in this Act shall be
construed to replace the necessity of complaints against a
sworn peace officer, as defined in Section 2(a) of the Uniform
Peace Officer Disciplinary Act, from having a complaint
supported by a sworn affidavit.
(b) Except as provided in subsection (a) above, any
collective bargaining contract between a public employer and a
labor organization executed pursuant to this Act shall
supersede any contrary statutes, charters, ordinances, rules
or regulations relating to wages, hours and conditions of

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employment and employment relations adopted by the public
employer or its agents. Any collective bargaining agreement
entered into prior to the effective date of this Act shall
remain in full force during its duration.
(c) It is the public policy of this State, pursuant to
paragraphs (h) and (i) of Section 6 of Article VII of the
Illinois Constitution, that the provisions of this Act are the
exclusive exercise by the State of powers and functions which
might otherwise be exercised by home rule units. Such powers
and functions may not be exercised concurrently, either
directly or indirectly, by any unit of local government,
including any home rule unit, except as otherwise authorized by
this Act.
(Source: P.A. 95-331, eff. 8-21-07; 96-889, eff. 1-1-11.)
Section 10. The Illinois Pension Code is amended by
changing Sections 13-207, 13-502, and 13-503 and adding
Sections 13-204.5, 13-206.5, and 13-502.5 as follows:
(40 ILCS 5/13-204.5 new)
Sec. 13-204.5. "Tier I employee": An employee who first
became a member or participant before January 1, 2011 under any
reciprocal retirement system or pension fund established under
this Code other than a retirement system or pension fund
established under Article 2, 3, 4, 5, 6, or 18 of this Code.

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(40 ILCS 5/13-206.5 new)
Sec. 13-206.5. "Future increase in pensionable income":
Any increase in income or other compensation offered by the
District after June 30, 2014 that otherwise qualifies as
salary, as defined under Section 13-207. The term does not,
however, include an increase in income or other compensation
that otherwise qualifies as salary, as defined under Section
13-207, that is paid to a Tier I employee under an employment
contract or collective bargaining agreement in effect on the
effective date of this Section and not amended or renewed after
that date.
(40 ILCS 5/13-207) (from Ch. 108 1/2, par. 13-207)
Sec. 13-207. "Salary": The salary paid to an employee for
service to the District or to the Board, including salary paid
for vacation and sick leave and any amounts deferred under a
deferred compensation plan established under this Code, but
excluding (1) payment for unused vacation or sick leave, (2)
overtime pay, (3) termination pay, and (4) any compensation in
the form of benefits other than the salary. Notwithstanding any
other provision of this Section, "salary" does not include any
future increase in pensionable income accepted by a Tier I
employee who has made an election under paragraph (2) of
subsection (a) of Section 13-502.5.
(Source: P.A. 90-12, eff. 6-13-97.)

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(40 ILCS 5/13-502) (from Ch. 108 1/2, par. 13-502)
Sec. 13-502. Employee contributions; deductions from
salary.
(a) Retirement annuity and child's annuity. Except as
otherwise provided in this Section, there There shall be
deducted from each payment of salary an amount equal to 7% of
salary as the employee's contribution for the retirement
annuity, including child's annuity, and 0.5% of salary as the
employee's contribution for annual increases to the retirement
annuity.
(a-1) For Tier I employees who have made the election under
paragraph (1) of subsection (a) of Section 13-502.5:
(1) beginning with the first pay period paid six months
after the effective date of this amendatory Act of the 97th
General Assembly or on or after January 1, 2013, whichever
is later, and ending with the last pay period paid on or
before December 31, 2013, employee contributions shall be
7.5% for the retirement annuity and 1.0% for annual
increases for a total of 8.5%;
(2) beginning with the first pay period paid on or
after January 1, 2014 and ending with the last pay period
paid on or before December 31, 2014, employee contributions
shall be 8.0% for the retirement annuity and 1.5% for
annual increases for a total of 9.5%;
(3) beginning with the first pay period paid on or
after January 1, 2015 and ending with the last pay period

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paid on or before the date when the funded ratio of the
Fund is first determined to have reached the 90% funding
goal, employee contributions shall be 8.5% for the
retirement annuity and 1.5% for annual increases for a
total of 10.0%; and
(4) beginning with the first pay period paid on or
after the date when the funded ratio of the Fund is first
determined to have reached the 90% funding goal, and each
pay period paid thereafter, employee contributions shall
be 7.0% for the retirement annuity and 0.5% for annual
increases for a total of 7.5%.
(b) Surviving spouse's annuity. There shall be deducted
from each payment of salary an amount equal to 1 1/2% of salary
as the employee's contribution for the surviving spouse's
annuity and annual increases therefor.
(b-1) For Tier I employees who have made the election under
paragraph (1) of subsection (a) of Section 13-502.5, beginning
with the first pay period paid on or after January 1, 2015 and
ending with the last pay period paid on or before the date when
the funded ratio of the Fund is first determined to have
reached the 90% funding goal, there shall be deducted an
additional 0.5% of salary for a total of 2.0% for the surviving
spouse's annuity and annual increases.
(c) Pickup of employee contributions. The Employer may pick
up employee contributions required under subsections (a) and
(b) of this Section. If contributions are picked up they shall

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be treated as Employer contributions in determining tax
treatment under the United States Internal Revenue Code, and
shall not be included as gross income of the employee until
such time as they are distributed. The Employer shall pay these
employee contributions from the same source of funds used in
paying salary to the employee. The Employer may pick up these
contributions by a reduction in the cash salary of the employee
or by an offset against a future salary increase or by a
combination of a reduction in salary and offset against a
future salary increase. If employee contributions are picked up
they shall be treated for all purposes of this Article 13,
including Sections 13-503 and 13-601, in the same manner and to
the same extent as employee contributions made prior to the
date picked up.
(d) Subject to the requirements of federal law, the
Employer shall pick up optional contributions that the employee
has elected to pay to the Fund under Section 13-304.1, and the
contributions so picked up shall be treated as employer
contributions for the purposes of determining federal tax
treatment. The Employer shall pick up the contributions by a
reduction in the cash salary of the employee and shall pay the
contributions from the same fund that is used to pay earnings
to the employee. The Employer shall, however, continue to
withhold federal and State income taxes based upon
contributions made under Section 13-304.1 until the Internal
Revenue Service or the federal courts rule that pursuant to

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Section 414(h) of the U.S. Internal Revenue Code of 1986, as
amended, these contributions shall not be included as gross
income of the employee until such time as they are distributed
or made available.
(e) Each employee is deemed to consent and agree to the
deductions from compensation provided for in this Article.
(f) Subject to the requirements of federal law, the
Employer shall pick up contributions that a commissioner has
elected to pay to the Fund under Section 13-314, and the
contributions so picked up shall be treated as Employer
contributions for the purposes of determining federal tax
treatment. The Employer shall pick up the contributions by a
reduction in the cash salary of the commissioner and shall pay
the contributions from the same fund as is used to pay earnings
to the commissioner. The Employer shall, however, continue to
withhold federal and State income taxes based upon
contributions made under Section 13-314 until the U.S. Internal
Revenue Service or the federal courts rule that pursuant to
Section 414(h) of the Internal Revenue Code of 1986, as
amended, these contributions shall not be included as gross
income of the employee until such time as they are distributed
or made available.
(Source: P.A. 94-621, eff. 8-18-05; 95-586, eff. 8-31-07.)
(40 ILCS 5/13-502.5 new)
Sec. 13-502.5. Election to have future increases in

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pensionable income deemed salary.
(a) Each Tier I employee shall make an irrevocable election
either:
(1) to make additional contributions under subsections
(a-1) and (b-1) of Section 13-502; or
(2) not to make additional contributions under
subsections (a-1) and (b-1) of Section 13-502.
The election required under this subsection (a) shall be
made by each such employee not later than 6 months after the
effective date of this Section. If a Tier I employee fails for
any reason to make the election within the time specified, then
the employee shall be deemed to have made the election under
paragraph (2) of this subsection (a).
The election under this subsection (a) shall be a required
condition precedent of holding office or employment for a
person seeking to become a Tier I employee of the District
after the effective date of this Section.
(b) As legal and adequate consideration for making the
election under paragraph (1) of subsection (a) of this Section,
any future increase in pensionable income offered by the
District to a Tier I employee who has made the election under
paragraph (1) of subsection (a) of this Section shall be
offered expressly and irrevocably as constituting salary under
Section 13-207.
(c) A Tier I employee who makes the election under
paragraph (2) of subsection (a) of this Section shall not be

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subject to subsections (a-1) and (b-1) of Section 13-502.
However, any future increase in pensionable income offered by
the District to a Tier I employee who has made the election
under paragraph (2) of subsection (a) of this Section shall be
offered expressly and irrevocably as not constituting salary
under Section 13-207.
(d) Upon request, a Tier I employee who is subject to this
Section shall be provided with written information prepared or
prescribed by the Fund, describing the consequences of making
the election required under this Section. The Tier I employee
shall be offered an opportunity to receive counseling from the
Fund before making his or her election. This counseling may
consist of video materials, group presentations, individual
consultation with a member or authorized representative of the
Fund in person or by telephone or other electronic means, or
any combination of those methods.
A Tier I employee may also obtain information and counsel
relating to the election under this Section from any other
available source, including, but not limited to, labor
organizations and private legal counsel.
(e) Notwithstanding any other provision of law, the
District must not offer any future increase in pensionable
income as salary to any person who is not, because of the
operation of this Section, eligible to have that future
increase in pensionable income treated as salary.

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(40 ILCS 5/13-503) (from Ch. 108 1/2, par. 13-503)
Sec. 13-503. Tax levy. Until fiscal year 2013, the The
Water Reclamation District shall annually levy a tax upon all
the taxable real property within the District at a rate which,
when extended, will produce a sum that (i) when added to the
amounts deducted from the salaries of employees, interest
income on investments, and other income, will be sufficient to
meet the requirements of the Fund on an actuarially funded
basis, but (ii) shall not exceed an amount equal to the total
amount of contributions by the employees to the Fund made in
the calendar year 2 years prior to the year for which the tax
is levied, multiplied by 2.19, except that the amount of
employee contributions made on or after January 1, 2003 towards
the purchase of additional optional benefits under Section
13-304.1 shall only be multiplied by 1.00.
Beginning in fiscal year 2013, the District shall annually
levy a tax upon all the taxable real property within the
District at a rate which, when extended, will produce a sum
that (i) will be sufficient to meet the Fund's actuarially
determined contribution requirement, but (ii) shall not exceed
an amount equal to the total employee contributions 2 years
prior multiplied by 4.19. The actuarially determined
contribution requirement is equal to the employer's normal cost
plus the annual amount needed to amortize the unfunded
liability by the year 2050 as a level percent of payroll. The
funding goal is to attain a funded ratio of at least 90% by the

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year 2050, with the funded ratio being the ratio of the
actuarial value of assets to the total actuarial liability.
The tax shall be levied and collected in the same manner as
the general taxes of the District.
The tax shall be exclusive of and in addition to the amount
of tax the District is now or may hereafter be authorized to
levy for general purposes under the Metropolitan Water
Reclamation District Act or under any other laws which may
limit the amount of tax for general purposes. The county clerk
of any county, in reducing tax levies as may be authorized by
law, shall not consider any such tax as a part of the general
tax levy for District purposes, and shall not include the same
in any limitation of the percent of the assessed valuation upon
which taxes are required to be extended.
Revenues derived from the tax shall be paid to the Fund for
the benefit of the Fund.
If the funds available for the purposes of this Article are
insufficient during any year to meet the requirements of this
Article, the District may issue tax anticipation warrants or
notes, as provided by law, against the current tax levy.
The Board shall submit annually to the Board of
Commissioners of the District an estimate of the amount
required to be raised by taxation for the purposes of the Fund.
The Board of Commissioners shall review the estimate and
determine the tax to be levied for such purposes.
(Source: P.A. 92-599, eff. 6-28-02.)

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Section 15. The Metropolitan Water Reclamation District
Act is amended by changing Section 4 as follows:
(70 ILCS 2605/4) (from Ch. 42, par. 323)
Sec. 4. Board of commissioners.
The commissioners elected under this Act constitute a board
of commissioners for the district by which they are elected,
which board of commissioners is the corporate authority of the
sanitary district, and, in addition to all other powers
specified in this Act, shall establish the policies and goals
of the sanitary district. The executive director, in addition
to all other powers specified in this Act, shall manage and
control all the affairs and property of the sanitary district
and shall regularly report to the Board of Commissioners on the
activities of the sanitary district in executing the policies
and goals established by the board. At the regularly scheduled
meeting of odd numbered years following the induction of new
commissioners the board of commissioners shall elect from its
own number a president and a vice-president to serve in the
absence of the president, and the chairman of the committee on
finance. The board shall provide by rule when a vacancy occurs
in the office of the president, vice-president, or the chairman
of the committee on finance and the manner of filling such
vacancy.
The board shall appoint from outside its own number the

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executive director and treasurer for the district.
The executive director must be a resident of the sanitary
district and a citizen of the United States. He must be
selected solely upon his administrative and technical
qualifications and without regard to his political
affiliations.
In the event of illness or other prolonged absence, death
or resignation creating a vacancy in the office of the
executive director, or treasurer, the board of commissioners
may appoint an acting officer from outside its own number, to
perform the duties and responsibilities of the office during
the term of the absence or vacancy.
The executive director with the advice and consent of the
board of commissioners, shall appoint the director of
engineering, director of maintenance and operations, director
of human resources, director of procurement and materials
management, clerk, general counsel, director of monitoring and
research, and director of information technology. These
constitute the heads of the Department of Engineering,
Maintenance and Operations, Human Resources, Procurement and
Materials Management, Finance, Law, Monitoring and Research,
and Information Technology, respectively. No other departments
or heads of departments may be created without subsequent
amendment to this Act. All such department heads are under the
direct supervision of the executive director.
The director of human resources must be qualified under

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Section 4.2a of this Act.
The director of procurement and materials management must
be selected in accordance with Section 11.16 of this Act.
In the event of illness or other prolonged absence, death
or resignation creating a vacancy in the office of director of
engineering, director of maintenance and operations, director
of human resources, director of procurement and materials
management, clerk, general counsel, director of monitoring and
research, or director of information technology, the executive
director shall appoint an acting officer to perform the duties
and responsibilities of the office during the term of the
absence or vacancy. Any such officers appointed in an acting
capacity are under the direct supervision of the executive
director.
All appointive officers and acting officers shall give bond
as may be required by the board.
The executive director, treasurer, acting executive
director, and acting treasurer hold their offices at the
pleasure of the board of commissioners.
The acting director of engineering, acting director of
maintenance and operations, acting director of human
resources, acting director of procurement and materials
management, acting clerk, acting general counsel, acting
director of monitoring and research, and acting director of
information technology hold their offices at the pleasure of
the executive director.

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The director of engineering, director of maintenance and
operations, director of human resources, director of
procurement and materials management, clerk, general counsel,
director of monitoring and research, and director of
information technology may be removed from office for cause by
the executive director. Prior to removal, such officers are
entitled to a public hearing before the executive director at
which hearing they may be represented by counsel. Before the
hearing, the executive director shall notify the board of
commissioners of the date, time, place and nature of the
hearing.
In addition to the general counsel appointed by the
executive director, the board of commissioners may appoint from
outside its own number an attorney, or retain counsel, to
advise the board of commissioners with respect to its powers
and duties and with respect to legal questions and matters of
policy for which the board of commissioners is responsible.
The executive director is the chief administrative officer
of the district, has supervision over and is responsible for
all administrative and operational matters of the sanitary
district including the duties of all employees which are not
otherwise designated by law, and is the appointing authority as
specified in Section 4.11 of this Act.
Subject to applicable restrictions in Section 13-502.5 of
the Illinois Pension Code, the The board, through the budget
process, shall set the compensation of all the officers and

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employees of the sanitary district. Any incumbent of the office
of president may appoint an administrative aide which
appointment remains in force during his incumbency unless
revoked by the president.
Effective upon the election in January, 1985 of the
president and vice-president of the board of commissioners and
the chairman of the committee on finance, the annual salary of
the president shall be $37,500 and shall be increased to
$39,500 in January, 1987, $41,500 in January, 1989, $50,000 in
January, 1991, and $60,000 in January, 2001; the annual salary
of the vice-president shall be $35,000 and shall be increased
to $37,000 in January, 1987, $39,000 in January, 1989, $45,000
in January, 1991, and $55,000 in January, 2001; the annual
salary of the chairman of the committee on finance shall be
$32,500 and shall be increased to $34,500 in January, 1987,
$36,500 in January, 1989, $45,000 in January, 1991, and $55,000
in January, 2001.
The annual salaries of the other members of the Board shall
be as follows:
For the three members elected in November, 1980, $26,500
per annum for the first two years of the term; $28,000 per
annum for the next two years of the term and $30,000 per annum
for the last two years.
For the three members elected in November, 1982, $28,000
per annum for the first two years of the term and $30,000 per
annum thereafter.

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For members elected in November, 1984, $30,000 per annum.
For the three members elected in November, 1986, $32,000
for each of the first two years of the term, $34,000 for each
of the next two years and $36,000 for the last two years;
For three members elected in November, 1988, $34,000 for
each of the first two years of the term and $36,000 for each
year thereafter.
For members elected in November, 1990, 1992, 1994, 1996, or
1998, $40,000.
For members elected in November, 2000 and thereafter,
$50,000.
Notwithstanding the other provisions of this Section, the
board, prior to January 1, 2007 and with a two-thirds vote, may
increase the annual rate of compensation at a separate flat
amount for each of the following: the president, the
vice-president, the chairman of the committee on finance, and
the other members; the increased annual rate of compensation
shall apply to all such officers and members whose terms as
members of the board commence after the increase in
compensation is adopted by the board.
The board of commissioners has full power to pass all
necessary ordinances, orders, rules, resolutions and
regulations for the proper management and conduct of the
business of the board of commissioners and the corporation and
for carrying into effect the object for which the sanitary
district is formed. All ordinances, orders, rules, resolutions

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and regulations passed by the board of commissioners must,
before they take effect, be approved by the president of the
board of commissioners. If he approves thereof, he shall sign
them, and such as he does not approve he shall return to the
board of commissioners with his objections in writing at the
next regular meeting of the board of commissioners occurring
after the passage thereof. Such veto may extend to any one or
more items or appropriations contained in any ordinance making
an appropriation, or to the entire ordinance. If the veto
extends to a part of such ordinance, the residue takes effect.
If the president of such board of commissioners fails to return
any ordinance, order, rule, resolution or regulation with his
objections thereto in the time required, he is deemed to have
approved it, and it takes effect accordingly. Upon the return
of any ordinance, order, rule, resolution, or regulation by the
president, the vote by which it was passed must be reconsidered
by the board of commissioners, and if upon such reconsideration
two-thirds of all the members agree by yeas and nays to pass
it, it takes effect notwithstanding the president's refusal to
approve thereof.
It is the policy of this State that all powers granted,
either expressly or by necessary implication, by this Act or
any other Illinois statute to the District may be exercised by
the District notwithstanding effects on competition. It is the
intention of the General Assembly that the "State action
exemption" to the application of federal antitrust statutes be

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fully available to the District to the extent its activities
are authorized by law as stated herein.
(Source: P.A. 94-1069, eff. 11-29-06; 95-923, eff. 1-1-09.)
Section 90. The State Mandates Act is amended by adding
Section 8.36 as follows:
(30 ILCS 805/8.36 new)
Sec. 8.36. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of
the 97th General Assembly.
Section 99. Effective date. This Act takes effect upon
becoming law.".