Bill Text: IL SB0042 | 2017-2018 | 100th General Assembly | Chaptered


Bill Title: Amends the State Finance Act. Makes a technical change in a Section concerning special funds.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2017-07-06 - Public Act . . . . . . . . . 100-0023 [SB0042 Detail]

Download: Illinois-2017-SB0042-Chaptered.html



Public Act 100-0023
SB0042 EnrolledLRB100 04925 MLM 14935 b
AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
ARTICLE 1. GENERAL PROVISIONS
Section 1-1. Short title. This Act may be cited as the
FY2018 Budget Implementation Act.
Section 1-5. Purpose. It is the purpose of this Act to make
changes in State programs that are necessary to implement the
State budget.
Section 1-10. Designation of reserves.
(a) For the purposes of implementing the budget
recommendations for fiscal year 2018 and balancing the State's
budget in State fiscal year 2018 only, the Governor may
designate, by written notice to the Comptroller, a reserve of
not more than 5% from the amounts appropriated from funds held
by the Treasurer for State fiscal year 2018 to any State
agency. However, the Governor may not designate amounts to be
set aside as a reserve from amounts that (i) have been
appropriated for payment of debt service, (ii) have been
appropriated under a statutory continuing appropriation, (iii)
are State general funds, (iv) are in the Supplemental
Low-Income Energy Assistance Fund, or (v) are funds received
from federal sources.
(b) If the Governor designates amounts to be set aside as a
reserve, the Governor shall give notice of the designation to
the Auditor General, the State Treasurer, the State
Comptroller, the Senate, and the House of Representatives.
(c) As used in this Section:
"State agency" means all boards, commissions, agencies,
institutions, authorities, colleges, universities, and bodies
politic and corporate of the State, but not any other
constitutional officers, the legislative or judicial branch,
the office of the Executive Inspector General, or the Executive
Ethics Commission.
"State general funds" has the meaning provided in Section
50-40 of the State Budget Law.
ARTICLE 5. AMENDATORY PROVISIONS
Section 5-2. The Illinois Administrative Procedure Act is
amended by changing Section 5-45 as follows:
(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
Sec. 5-45. Emergency rulemaking.
(a) "Emergency" means the existence of any situation that
any agency finds reasonably constitutes a threat to the public
interest, safety, or welfare.
(b) If any agency finds that an emergency exists that
requires adoption of a rule upon fewer days than is required by
Section 5-40 and states in writing its reasons for that
finding, the agency may adopt an emergency rule without prior
notice or hearing upon filing a notice of emergency rulemaking
with the Secretary of State under Section 5-70. The notice
shall include the text of the emergency rule and shall be
published in the Illinois Register. Consent orders or other
court orders adopting settlements negotiated by an agency may
be adopted under this Section. Subject to applicable
constitutional or statutory provisions, an emergency rule
becomes effective immediately upon filing under Section 5-65 or
at a stated date less than 10 days thereafter. The agency's
finding and a statement of the specific reasons for the finding
shall be filed with the rule. The agency shall take reasonable
and appropriate measures to make emergency rules known to the
persons who may be affected by them.
(c) An emergency rule may be effective for a period of not
longer than 150 days, but the agency's authority to adopt an
identical rule under Section 5-40 is not precluded. No
emergency rule may be adopted more than once in any 24-month
period, except that this limitation on the number of emergency
rules that may be adopted in a 24-month period does not apply
to (i) emergency rules that make additions to and deletions
from the Drug Manual under Section 5-5.16 of the Illinois
Public Aid Code or the generic drug formulary under Section
3.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
emergency rules adopted by the Pollution Control Board before
July 1, 1997 to implement portions of the Livestock Management
Facilities Act, (iii) emergency rules adopted by the Illinois
Department of Public Health under subsections (a) through (i)
of Section 2 of the Department of Public Health Act when
necessary to protect the public's health, (iv) emergency rules
adopted pursuant to subsection (n) of this Section, (v)
emergency rules adopted pursuant to subsection (o) of this
Section, or (vi) emergency rules adopted pursuant to subsection
(c-5) of this Section. Two or more emergency rules having
substantially the same purpose and effect shall be deemed to be
a single rule for purposes of this Section.
(c-5) To facilitate the maintenance of the program of group
health benefits provided to annuitants, survivors, and retired
employees under the State Employees Group Insurance Act of
1971, rules to alter the contributions to be paid by the State,
annuitants, survivors, retired employees, or any combination
of those entities, for that program of group health benefits,
shall be adopted as emergency rules. The adoption of those
rules shall be considered an emergency and necessary for the
public interest, safety, and welfare.
(d) In order to provide for the expeditious and timely
implementation of the State's fiscal year 1999 budget,
emergency rules to implement any provision of Public Act 90-587
or 90-588 or any other budget initiative for fiscal year 1999
may be adopted in accordance with this Section by the agency
charged with administering that provision or initiative,
except that the 24-month limitation on the adoption of
emergency rules and the provisions of Sections 5-115 and 5-125
do not apply to rules adopted under this subsection (d). The
adoption of emergency rules authorized by this subsection (d)
shall be deemed to be necessary for the public interest,
safety, and welfare.
(e) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2000 budget,
emergency rules to implement any provision of Public Act 91-24
or any other budget initiative for fiscal year 2000 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (e). The adoption of
emergency rules authorized by this subsection (e) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(f) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2001 budget,
emergency rules to implement any provision of Public Act 91-712
or any other budget initiative for fiscal year 2001 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (f). The adoption of
emergency rules authorized by this subsection (f) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(g) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2002 budget,
emergency rules to implement any provision of Public Act 92-10
or any other budget initiative for fiscal year 2002 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (g). The adoption of
emergency rules authorized by this subsection (g) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(h) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2003 budget,
emergency rules to implement any provision of Public Act 92-597
or any other budget initiative for fiscal year 2003 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (h). The adoption of
emergency rules authorized by this subsection (h) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(i) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2004 budget,
emergency rules to implement any provision of Public Act 93-20
or any other budget initiative for fiscal year 2004 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (i). The adoption of
emergency rules authorized by this subsection (i) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(j) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2005 budget as provided under the Fiscal Year 2005 Budget
Implementation (Human Services) Act, emergency rules to
implement any provision of the Fiscal Year 2005 Budget
Implementation (Human Services) Act may be adopted in
accordance with this Section by the agency charged with
administering that provision, except that the 24-month
limitation on the adoption of emergency rules and the
provisions of Sections 5-115 and 5-125 do not apply to rules
adopted under this subsection (j). The Department of Public Aid
may also adopt rules under this subsection (j) necessary to
administer the Illinois Public Aid Code and the Children's
Health Insurance Program Act. The adoption of emergency rules
authorized by this subsection (j) shall be deemed to be
necessary for the public interest, safety, and welfare.
(k) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2006 budget, emergency rules to implement any provision of
Public Act 94-48 or any other budget initiative for fiscal year
2006 may be adopted in accordance with this Section by the
agency charged with administering that provision or
initiative, except that the 24-month limitation on the adoption
of emergency rules and the provisions of Sections 5-115 and
5-125 do not apply to rules adopted under this subsection (k).
The Department of Healthcare and Family Services may also adopt
rules under this subsection (k) necessary to administer the
Illinois Public Aid Code, the Senior Citizens and Persons with
Disabilities Property Tax Relief Act, the Senior Citizens and
Disabled Persons Prescription Drug Discount Program Act (now
the Illinois Prescription Drug Discount Program Act), and the
Children's Health Insurance Program Act. The adoption of
emergency rules authorized by this subsection (k) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(l) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2007 budget, the Department of Healthcare and Family Services
may adopt emergency rules during fiscal year 2007, including
rules effective July 1, 2007, in accordance with this
subsection to the extent necessary to administer the
Department's responsibilities with respect to amendments to
the State plans and Illinois waivers approved by the federal
Centers for Medicare and Medicaid Services necessitated by the
requirements of Title XIX and Title XXI of the federal Social
Security Act. The adoption of emergency rules authorized by
this subsection (l) shall be deemed to be necessary for the
public interest, safety, and welfare.
(m) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2008 budget, the Department of Healthcare and Family Services
may adopt emergency rules during fiscal year 2008, including
rules effective July 1, 2008, in accordance with this
subsection to the extent necessary to administer the
Department's responsibilities with respect to amendments to
the State plans and Illinois waivers approved by the federal
Centers for Medicare and Medicaid Services necessitated by the
requirements of Title XIX and Title XXI of the federal Social
Security Act. The adoption of emergency rules authorized by
this subsection (m) shall be deemed to be necessary for the
public interest, safety, and welfare.
(n) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2010 budget, emergency rules to implement any provision of
Public Act 96-45 or any other budget initiative authorized by
the 96th General Assembly for fiscal year 2010 may be adopted
in accordance with this Section by the agency charged with
administering that provision or initiative. The adoption of
emergency rules authorized by this subsection (n) shall be
deemed to be necessary for the public interest, safety, and
welfare. The rulemaking authority granted in this subsection
(n) shall apply only to rules promulgated during Fiscal Year
2010.
(o) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2011 budget, emergency rules to implement any provision of
Public Act 96-958 or any other budget initiative authorized by
the 96th General Assembly for fiscal year 2011 may be adopted
in accordance with this Section by the agency charged with
administering that provision or initiative. The adoption of
emergency rules authorized by this subsection (o) is deemed to
be necessary for the public interest, safety, and welfare. The
rulemaking authority granted in this subsection (o) applies
only to rules promulgated on or after July 1, 2010 (the
effective date of Public Act 96-958) through June 30, 2011.
(p) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 97-689,
emergency rules to implement any provision of Public Act 97-689
may be adopted in accordance with this subsection (p) by the
agency charged with administering that provision or
initiative. The 150-day limitation of the effective period of
emergency rules does not apply to rules adopted under this
subsection (p), and the effective period may continue through
June 30, 2013. The 24-month limitation on the adoption of
emergency rules does not apply to rules adopted under this
subsection (p). The adoption of emergency rules authorized by
this subsection (p) is deemed to be necessary for the public
interest, safety, and welfare.
(q) In order to provide for the expeditious and timely
implementation of the provisions of Articles 7, 8, 9, 11, and
12 of Public Act 98-104, emergency rules to implement any
provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
may be adopted in accordance with this subsection (q) by the
agency charged with administering that provision or
initiative. The 24-month limitation on the adoption of
emergency rules does not apply to rules adopted under this
subsection (q). The adoption of emergency rules authorized by
this subsection (q) is deemed to be necessary for the public
interest, safety, and welfare.
(r) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 98-651,
emergency rules to implement Public Act 98-651 may be adopted
in accordance with this subsection (r) by the Department of
Healthcare and Family Services. The 24-month limitation on the
adoption of emergency rules does not apply to rules adopted
under this subsection (r). The adoption of emergency rules
authorized by this subsection (r) is deemed to be necessary for
the public interest, safety, and welfare.
(s) In order to provide for the expeditious and timely
implementation of the provisions of Sections 5-5b.1 and 5A-2 of
the Illinois Public Aid Code, emergency rules to implement any
provision of Section 5-5b.1 or Section 5A-2 of the Illinois
Public Aid Code may be adopted in accordance with this
subsection (s) by the Department of Healthcare and Family
Services. The rulemaking authority granted in this subsection
(s) shall apply only to those rules adopted prior to July 1,
2015. Notwithstanding any other provision of this Section, any
emergency rule adopted under this subsection (s) shall only
apply to payments made for State fiscal year 2015. The adoption
of emergency rules authorized by this subsection (s) is deemed
to be necessary for the public interest, safety, and welfare.
(t) In order to provide for the expeditious and timely
implementation of the provisions of Article II of Public Act
99-6, emergency rules to implement the changes made by Article
II of Public Act 99-6 to the Emergency Telephone System Act may
be adopted in accordance with this subsection (t) by the
Department of State Police. The rulemaking authority granted in
this subsection (t) shall apply only to those rules adopted
prior to July 1, 2016. The 24-month limitation on the adoption
of emergency rules does not apply to rules adopted under this
subsection (t). The adoption of emergency rules authorized by
this subsection (t) is deemed to be necessary for the public
interest, safety, and welfare.
(u) In order to provide for the expeditious and timely
implementation of the provisions of the Burn Victims Relief
Act, emergency rules to implement any provision of the Act may
be adopted in accordance with this subsection (u) by the
Department of Insurance. The rulemaking authority granted in
this subsection (u) shall apply only to those rules adopted
prior to December 31, 2015. The adoption of emergency rules
authorized by this subsection (u) is deemed to be necessary for
the public interest, safety, and welfare.
(v) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 99-516,
emergency rules to implement Public Act 99-516 may be adopted
in accordance with this subsection (v) by the Department of
Healthcare and Family Services. The 24-month limitation on the
adoption of emergency rules does not apply to rules adopted
under this subsection (v). The adoption of emergency rules
authorized by this subsection (v) is deemed to be necessary for
the public interest, safety, and welfare.
(w) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 99-796,
emergency rules to implement the changes made by Public Act
99-796 may be adopted in accordance with this subsection (w) by
the Adjutant General. The adoption of emergency rules
authorized by this subsection (w) is deemed to be necessary for
the public interest, safety, and welfare.
(x) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 99-906 this
amendatory Act of the 99th General Assembly, emergency rules to
implement subsection (i) of Section 16-115D, subsection (g) of
Section 16-128A, and subsection (a) of Section 16-128B of the
Public Utilities Act may be adopted in accordance with this
subsection (x) by the Illinois Commerce Commission. The
rulemaking authority granted in this subsection (x) shall apply
only to those rules adopted within 180 days after June 1, 2017
(the effective date of Public Act 99-906) this amendatory Act
of the 99th General Assembly. The adoption of emergency rules
authorized by this subsection (x) is deemed to be necessary for
the public interest, safety, and welfare.
(y) In order to provide for the expeditious and timely
implementation of the provisions of this amendatory Act of the
100th General Assembly, emergency rules to implement the
changes made by this amendatory Act of the 100th General
Assembly to Section 4.02 of the Illinois Act on Aging, Sections
5.5.4 and 5-5.4i of the Illinois Public Aid Code, Section 55-30
of the Alcoholism and Other Drug Abuse and Dependency Act, and
Sections 74 and 75 of the Mental Health and Developmental
Disabilities Administrative Act may be adopted in accordance
with this subsection (y) by the respective Department. The
adoption of emergency rules authorized by this subsection (y)
is deemed to be necessary for the public interest, safety, and
welfare.
(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
98-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16;
99-143, eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff.
6-30-16; 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906,
eff. 6-1-17; revised 1-1-17.)
Section 5-3. The State Budget Law of the Civil
Administrative Code of Illinois is amended by adding Section
50-40 as follows:
(15 ILCS 20/50-40 new)
Sec. 50-40. General funds defined. "General funds" or
"State general funds" means the General Revenue Fund, the
Common School Fund, the General Revenue Common School Special
Account Fund, the Education Assistance Fund, the Fund for the
Advancement of Education, the Commitment to Human Services
Fund, and the Budget Stabilization Fund.
Section 5-5. The Mental Health and Developmental
Disabilities Administrative Act is amended by adding Section 74
as follows:
(20 ILCS 1705/74 new)
Sec. 74. Rates and reimbursements. Within 30 days after the
effective date of this amendatory Act of the 100th General
Assembly, the Department shall increase rates and
reimbursements to fund a minimum of a $0.75 per hour wage
increase for front-line personnel, including, but not limited
to, direct support persons, aides, front-line supervisors,
qualified intellectual disabilities professionals, nurses, and
non-administrative support staff working in community-based
provider organizations serving individuals with developmental
disabilities. The Department shall adopt rules, including
emergency rules under subsection (y) of Section 5-45 of the
Illinois Administrative Procedure Act, to implement the
provisions of this Section.
Section 5-8. Purpose.
(a) The General Assembly finds and declares that:
(1) Sections 5.857 and 6z-100 of the State Finance Act
contained internal repealer dates of July 1, 2017.
(2) It is the purpose of this Section and Section 5-9
to reenact Sections 5.857 and 6z-100 of the State Finance
Act as if they had never been internally repealed, and make
additional changes to those Sections. The reenacted
material is shown as existing text; striking and
underscoring have been used only to show the changes being
made by Section 5-9 in the reenacted text.
(3) This Section and Section 5-9 are not intended to
supersede any other Public Act of the 100th General
Assembly.
(4) This Section and Section 5-9 are intended to
validate the requirements arising under Sections 5.857 and
6z-100 of the State Finance Act and actions taken in
compliance with those requirements.
Section 5-9. The State Finance Act is amended by reenacting
and changing Sections 5.857 and 6z-100 as follows:
(30 ILCS 105/5.857)
Sec. 5.857. The Capital Development Board Revolving Fund.
This Section is repealed July 1, 2018 2017.
(Source: P.A. 98-674, eff. 6-30-14; 99-78, eff. 7-20-15;
99-523, eff. 6-30-16.)
(30 ILCS 105/6z-100)
Sec. 6z-100. Capital Development Board Revolving Fund;
payments into and use. All monies received by the Capital
Development Board for publications or copies issued by the
Board, and all monies received for contract administration
fees, charges, or reimbursements owing to the Board shall be
deposited into a special fund known as the Capital Development
Board Revolving Fund, which is hereby created in the State
treasury. The monies in this Fund shall be used by the Capital
Development Board, as appropriated, for expenditures for
personal services, retirement, social security, contractual
services, legal services, travel, commodities, printing,
equipment, electronic data processing, or telecommunications.
Unexpended moneys in the Fund shall not be transferred or
allocated by the Comptroller or Treasurer to any other fund,
nor shall the Governor authorize the transfer or allocation of
those moneys to any other fund. This Section is repealed July
1, 2018 2017.
(Source: P.A. 98-674, eff. 6-30-14; 99-523, eff. 6-30-16.)
Section 5-10. The State Finance Act is amended by changing
Sections 6t, 6z-27, 6z-30, 6z-32, 6z-45, 6z-52, 8.3, 8.25e, 8g,
8g-1, and 13.2 as follows:
(30 ILCS 105/6t) (from Ch. 127, par. 142t)
Sec. 6t. The Capital Development Board Contributory Trust
Fund is created and there shall be paid into the Capital
Development Board Contributory Trust Fund the monies
contributed by and received from Public Community College
Districts, Elementary, Secondary, and Unit School Districts,
and Vocational Education Facilities, provided, however, no
monies shall be required from a participating Public Community
College District, Elementary, Secondary, or Unit School
District, or Vocational Education Facility more than 30 days
prior to anticipated need under the particular contract for the
Public Community College District, Elementary, Secondary, or
Unit School District, or Vocational Education Facility. No
monies in any fund in the State Treasury, nor any funds under
the control or beneficial control of any state agency,
university, college, department, commission, board or any
other unit of state government shall be deposited, paid into,
or by any other means caused to be placed into the Capital
Development Board Contributory Trust Fund, except for federal
funds, bid bond forfeitures, and insurance proceeds as provided
for below.
There shall be paid into the Capital Development Board
Contributory Trust Fund all federal funds to be utilized for
the construction of capital projects under the jurisdiction of
the Capital Development Board, and all proceeds resulting from
such federal funds. All such funds shall be remitted to the
Capital Development Board within 10 working days of their
receipt by the receiving authority.
There shall also be paid into this Fund all monies
designated as gifts, donations or charitable contributions
which may be contributed by an individual or entity, whether
public or private, for a specific capital improvement project.
There shall also be paid into this Fund all proceeds from
bid bond forfeitures in connection with any project formally
bid and awarded by the Capital Development Board.
There shall also be paid into this Fund all builders risk
insurance policy proceeds and all other funds recovered from
contractors, sureties, architects, material suppliers or other
persons contracting with the Capital Development Board for
capital improvement projects which are received by way of
reimbursement for losses resulting from destruction of or
damage to capital improvement projects while under
construction by the Capital Development Board or received by
way of settlement agreement or court order.
The monies in the Capital Development Board Contributory
Trust Fund shall be expended only for actual contracts let, and
then only for the specific project for which funds were
received in accordance with the judgment of the Capital
Development Board, compatible with the duties and obligations
of the Capital Development Board in furtherance of the specific
capital improvement for which such funds were received.
Contributions, insured-loss reimbursements or other funds
received as damages through settlement or judgement for damage,
destruction or loss of capital improvement projects shall be
expended for the repair of such projects; or if the projects
have been or are being repaired before receipt of the funds,
the funds may be used to repair other such capital improvement
projects. Any funds not expended for a project within 36 months
after the date received shall be paid into the General
Obligation Bond Retirement and Interest Fund.
Contributions or insured-loss reimbursements not expended
in furtherance of the project for which they were received
within 36 months of the date received, shall be returned to the
contributing party. Proceeds from builders risk insurance
shall be expended only for the amelioration of damage arising
from the incident for which the proceeds were paid to the State
or the Capital Development Board Contributory Trust Fund. Any
residual amounts remaining after the completion of such
repairs, renovation, reconstruction or other work necessary to
restore the capital improvement project to acceptable
condition shall be returned to the proper fund or entity
financing or contributing towards the cost of the capital
improvement project. Such returns shall be made in amounts
proportionate to the contributions made in furtherance of the
project.
Any monies received as a gift, donation or charitable
contribution for a specific capital improvement which have not
been expended in furtherance of that project shall be returned
to the contributing party after completion of the project or if
the legislature fails to authorize the capital improvement.
The unused portion of any federal funds received for a
capital improvement project which are not contributed, upon its
completion, towards the cost of the project, shall remain in
the Capital Development Board Contributory Trust Fund and shall
be used for capital projects and for no other purpose, subject
to appropriation and as directed by the Capital Development
Board.
(Source: P.A. 97-792, eff. 1-1-13.)
(30 ILCS 105/6z-27)
Sec. 6z-27. All moneys in the Audit Expense Fund shall be
transferred, appropriated and used only for the purposes
authorized by, and subject to the limitations and conditions
prescribed by, the State Auditing Act.
Within 30 days after the effective date of this amendatory
Act of the 100th General Assembly, the State Comptroller shall
order transferred and the State Treasurer shall transfer from
the following funds moneys in the specified amounts for deposit
into the Audit Expense Fund:
Agricultural Premium Fund.............................182,124
Assisted Living and Shared Housing Regulatory Fund......1,631
Capital Development Board Revolving Fund................8,023
Care Provider Fund for Persons with a
Developmental Disability...........................17,737
Carolyn Adams Ticket for the Cure Grant Fund............1,080
CDLIS/AAMVAnet/NMVTIS Trust Fund........................2,234
Chicago State University Education Improvement Fund.....5,437
Child Support Administrative Fund.......................5,110
Common School Fund....................................312,638
Communications Revolving Fund..........................40,492
Community Mental Health Medicaid Trust Fund............30,952
Death Certificate Surcharge Fund........................2,243
Death Penalty Abolition Fund............................8,367
Department of Business Services Special Operations Fund.11,982
Department of Human Services Community Services Fund....4,340
Downstate Public Transportation Fund....................6,600
Driver Services Administration Fund.....................2,644
Drivers Education Fund....................................517
Drug Rebate Fund.......................................17,541
Drug Treatment Fund.....................................2,133
Drunk & Drugged Driving Prevention Fund...................874
Education Assistance Fund.............................894,514
Electronic Health Record Incentive Fund.................1,155
Emergency Public Health Fund............................9,025
EMS Assistance Fund.....................................3,705
Estate Tax Refund Fund..................................2,088
Facilities Management Revolving Fund...................92,392
Facility Licensing Fund.................................3,189
Fair & Exposition Fund.................................13,059
Federal High Speed Rail Trust Fund......................9,168
Feed Control Fund......................................14,955
Fertilizer Control Fund.................................9,404
Fire Prevention Fund....................................4,146
Food and Drug Safety Fund...............................1,101
Fund for the Advancement of Education..................12,463
General Revenue Fund...............................17,653,153
Grade Crossing Protection Fund............................965
Hazardous Waste Research Fund.............................543
Health Facility Plan Review Fund........................3,704
Health and Human Services Medicaid Trust Fund..........16,996
Healthcare Provider Relief Fund.......................147,619
Home Care Services Agency Licensure Fund................3,285
Hospital Provider Fund.................................76,973
ICJIA Violence Prevention Fund..........................8,062
Illinois Affordable Housing Trust Fund..................6,878
Illinois Department of Agriculture Laboratory
Services Revolving Fund.............7,887
Illinois Health Facilities Planning Fund................4,816
IMSA Income Fund........................................6,876
Illinois School Asbestos Abatement Fund.................2,058
Illinois Standardbred Breeders Fund.....................1,381
Illinois State Fair Fund...............................94,229
Illinois Thoroughbred Breeders Fund.....................3,974
Illinois Veterans' Rehabilitation Fund..................1,308
Illinois Workers Compensation
Commission Operations Fund........................183,518
Income Tax Refund Fund.................................36,095
Lead Poisoning Screening, Prevention,
and Abatement Fund..................................3,311
Live and Learn Fund....................................22,956
Livestock Management Facilities Fund......................683
Lobbyist Registration Administration Fund...............1,057
Local Government Distributive Fund.....................26,025
Long Term Care
Monitor/Receiver Fund..............................63,014
Long Term Care Provider Fund...........................15,082
Mandatory Arbitration Fund..............................2,484
Medical Interagency Program Fund........................1,343
Mental Health Fund......................................9,176
Metabolic Screening and Treatment Fund.................41,241
Monitoring Device Driving Permit
Administration Fee Fund.............................1,403
Motor Fuel Tax Fund....................................23,607
Motor Vehicle License Plate Fund.......................15,200
Motor Vehicle Theft
Prevention Trust Fund...............................4,803
Multiple Sclerosis Research Fund........................5,380
Nursing Dedicated and Professional Fund.................1,613
Partners for Conservation Fund..........................8,620
Personal Property Tax Replacement Fund.................23,828
Pesticide Control Fund.................................83,517
Pet Population Control Fund...............................526
Plumbing Licensure and Program Fund.....................5,148
Professional Services Fund..............................6,487
Public Health Laboratory
Services Revolving Fund............................11,242
Public Transportation Fund.............................16,112
Road Fund.............................................746,799
Regional Transportation Authority Occupation
and Use Tax Replacement Fund...............563
School Infrastructure Fund.............................17,532
Secretary of State DUI Administration Fund..............2,336
Secretary of State Identification Security
and Theft Prevention Fund..........................11,609
Secretary of State Special License Plate Fund ..........4,561
Secretary of State Special Services Fund...............24,693
Securities Audit and Enforcement Fund...................9,137
Special Education Medicaid Matching Fund................5,019
State and Local Sales Tax Reform Fund...................1,380
State Construction Account Fund........................27,323
State Gaming Fund......................................79,018
State Garage Revolving Fund............................15,516
State Lottery Fund....................................348,448
State Pensions Fund...................................500,000
State Surplus Property Revolving Fund...................2,025
State Treasurer's Bank Services Trust Fund................551
Statistical Services Revolving Fund....................63,131
Supreme Court Historic Preservation Fund...............33,226
Tattoo and Body Piercing
Establishment Registration Fund.......................812
Tobacco Settlement Recovery Fund.......................23,084
Trauma Center Fund.....................................12,572
University of Illinois Hospital Services Fund...........4,260
Vehicle Inspection Fund.................................3,266
Weights and Measures Fund..............................72,488
Within 30 days after the effective date of this amendatory
Act of the 99th General Assembly, the State Comptroller shall
order transferred and the State Treasurer shall transfer from
the following funds moneys in the specified amounts for deposit
into the Audit Expense Fund:
Agricultural Premium Fund..............................19,395
Anna Veterans Home Fund................................12,842
Appraisal Administration Fund...........................3,740
Athletics Supervision and Regulation Fund.................599
Attorney General Court Ordered and Voluntary
Compliance Payment Projects Fund...................16,998
Attorney General Whistleblower Reward and
Protection Fund....................................12,417
Bank and Trust Company Fund............................91,273
Capital Development Board Revolving Fund................2,655
Care Provider Fund for Persons with a
Developmental Disability............................4,576
Cemetery Oversight Licensing and Disciplinary Fund......5,060
Chicago State University Education Improvement Fund.....4,717
Child Support Administrative Fund.......................2,833
Coal Technology Development Assistance Fund.............7,891
Commitment to Human Services Fund......................23,860
Common School Fund....................................428,811
The Communications Revolving Fund.......................7,163
The Community Association Manager
Licensing and Disciplinary Fund.......................817
Community Mental Health Medicaid Trust Fund............10,761
Credit Union Fund......................................17,533
Cycle Rider Safety Training Fund..........................589
DCFS Children's Services Fund.........................249,796
Department of Business Services Special Operations Fund.3,354
Department of Corrections Reimbursement
and Education Fund.................................16,949
Department of Human Services Community Services Fund......821
Design Professionals Administration
and Investigation Fund..............................3,768
Digital Divide Elimination Fund.........................2,087
The Downstate Public Transportation Fund...............23,216
Driver Services Administration Fund.......................820
Drivers Education Fund..................................1,221
Drug Rebate Fund.......................................10,020
Education Assistance Fund...........................1,594,645
Electronic Health Record Incentive Fund.................1,090
Energy Efficiency Portfolio Standards Fund.............37,275
Estate Tax Refund Fund..................................1,242
Facilities Management Revolving Fund...................13,526
Fair and Exposition Fund..................................826
Federal Asset Forfeiture Fund...........................1,094
Federal High Speed Rail Trust Fund.....................29,251
Federal Workforce Training Fund........................86,488
Feed Control Fund.......................................1,479
Fertilizer Control Fund...................................929
The Fire Prevention Fund..............................114,348
Fund for the Advancement of Education..................13,642
General Professions Dedicated Fund.....................24,725
General Revenue Fund...............................17,051,839
Grade Crossing Protection Fund..........................6,588
Health and Human Services Medicaid Trust Fund...........4,153
Healthcare Provider Relief Fund.......................106,645
Hospital Provider Fund.................................36,223
Illinois Affordable Housing Trust Fund..................5,592
Illinois Capital Revolving Loan Fund......................627
Illinois Charity Bureau Fund............................3,403
Illinois Gaming Law Enforcement Fund....................1,885
Illinois Standardbred Breeders Fund.......................946
Illinois State Dental Disciplinary Fund.................4,382
Illinois State Fair Fund................................6,727
Illinois State Medical Disciplinary Fund...............15,709
Illinois State Pharmacy Disciplinary Fund...............5,619
Illinois Thoroughbred Breeders Fund.....................1,172
Illinois Veterans Assistance Fund.......................8,519
Illinois Veterans' Rehabilitation Fund....................658
Illinois Workers' Compensation Commission
Operations Fund.....................................2,849
IMSA Income Fund.......................................11,085
Income Tax Refund Fund................................170,345
Insurance Financial Regulation Fund....................94,108
Insurance Premium Tax Refund Fund......................13,251
Insurance Producer Administration Fund.................86,750
International Tourism Fund..............................2,578
LaSalle Veterans Home Fund.............................42,416
LEADS Maintenance Fund..................................1,223
Live and Learn Fund.....................................6,473
The Local Government Distributive Fund................106,860
Local Tourism Fund......................................9,144
Long-Term Care Provider Fund............................5,951
Manteno Veterans Home Fund.............................73,818
Medical Interagency Program Fund..........................811
Medical Special Purposes Trust Fund.......................521
Mental Health Fund......................................4,704
Motor Carrier Safety Inspection Fund....................2,188
The Motor Fuel Tax Fund................................73,255
Motor Vehicle License Plate Fund........................3,976
Nursing Dedicated and Professional Fund.................9,858
Optometric Licensing and Disciplinary Board Fund........1,382
Partners for Conservation Fund..........................8,083
Pawnbroker Regulation Fund................................853
The Personal Property Tax Replacement Fund............105,572
Pesticide Control Fund..................................5,634
Professional Services Fund................................726
Professions Indirect Cost Fund........................140,237
Public Pension Regulation Fund.........................10,026
The Public Transportation Fund.........................61,189
Quincy Veterans Home Fund..............................88,224
Real Estate License Administration Fund................23,587
Registered Certified Public Accountants'
Administration and Disciplinary Fund................1,370
Renewable Energy Resources Trust Fund...................1,689
Residential Finance Regulatory Fund....................12,638
The Road Fund.........................................332,667
Regional Transportation Authority
Occupation and Use Tax Replacement Fund.............2,526
Savings Bank Regulatory Fund..............................851
School Infrastructure Fund..............................4,852
Secretary of State DUI Administration Fund................544
Secretary of State Identification Security
and Theft Prevention Fund...........................1,645
Secretary of State Special License Plate Fund...........1,203
Secretary of State Special Services Fund................6,197
Securities Audit and Enforcement Fund...................2,793
Solid Waste Management Fund.............................1,262
Special Education Medicaid Matching Fund................2,217
State and Local Sales Tax Reform Fund...................5,177
State Asset Forfeiture Fund.............................1,945
State Construction Account Fund........................67,375
State Crime Laboratory Fund...............................566
State Gaming Fund.....................................246,099
The State Garage Revolving Fund.........................3,606
The State Lottery Fund................................201,779
State Offender DNA Identification System Fund...........2,246
State Pensions Fund...................................500,000
State Police DUI Fund...................................1,560
State Police Firearm Services Fund......................6,152
State Police Services Fund.............................19,425
State Police Vehicle Fund...............................6,991
State Police Whistleblower Reward and Protection Fund...4,430
State Police Wireless Service Emergency Fund..............894
The Statistical Services Revolving Fund................10,266
Supplemental Low-Income Energy Assistance Fund.........67,729
Tax Compliance and Administration Fund..................1,145
Tobacco Settlement Recovery Fund........................3,199
Tourism Promotion Fund.................................42,906
Traffic and Criminal Conviction Surcharge Fund..........4,885
Underground Storage Tank Fund..........................19,316
University of Illinois Hospital Services Fund...........2,862
The Vehicle Inspection Fund...............................909
Violent Crime Victims Assistance Fund..................13,828
Weights and Measures Fund...............................4,826
The Working Capital Revolving Fund.....................30,401
Within 30 days after July 14, 2015 (the effective date of
Public Act 99-38), the State Comptroller shall order
transferred and the State Treasurer shall transfer from the
following funds moneys in the specified amounts for deposit
into the Audit Expense Fund:
African-American HIV/AIDS Response Fund.................2,333
Agricultural Premium Fund.............................141,245
Assisted Living and Shared Housing Regulatory Fund......1,146
Capital Development Board Revolving Fund................1,473
Care Provider Fund for Persons with
a Developmental Disability.........................13,520
Carolyn Adams Ticket For The Cure Grant Fund..............632
CD LIS/ AAMV Anet/NMVTIS Trust Fund.......................587
Chicago State University Education Improvement Fund.....9,881
Child Support Administrative Fund.......................5,192
Common School Fund....................................255,306
The Communications Revolving Fund......................14,823
Community Mental Health Medicaid Trust Fund............43,141
Death Certificate Surcharge Fund........................2,596
Death Penalty Abolition Fund..............................864
Department of Business Services Special Operations Fund.9,484
Department of Human Services Community Services Fund....6,131
The Downstate Public Transportation Fund................7,975
Drug Rebate Fund.......................................16,022
Drug Treatment Fund.....................................1,392
Drunk and Drugged Driving Prevention Fund.................772
The Education Assistance Fund.......................1,587,191
Electronic Health Record Incentive Fund.................4,196
Emergency Public Health Fund............................8,501
EMS Assistance Fund.......................................796
Estate Tax Refund Fund..................................1,792
Facilities Management Revolving Fund...................22,122
Facility Licensing Fund.................................4,655
Fair and Exposition Fund................................5,440
Federal High Speed Rail Trust Fund......................6,789
Feed Control Fund.......................................5,082
Fertilizer Control Fund.................................6,041
The Fire Prevention Fund................................4,653
Food and Drug Safety Fund...............................1,636
General Professions Dedicated Fund......................3,296
The General Revenue Fund...........................17,190,905
Grade Crossing Protection Fund..........................1,134
Health and Human Services Medicaid Trust Fund..........14,252
Health Facility Plan Review Fund........................3,355
Healthcare Provider Relief Fund.......................220,261
Healthy Smiles Fund.......................................694
Home Care Services Agency Licensure Fund................1,383
Hospital Provider Fund.................................77,300
ICJIA Violence Prevention Fund..........................2,370
Illinois Affordable Housing Trust Fund..................6,609
Illinois Department of Agriculture
Laboratory Services Revolving Fund..................3,386
Illinois Health Facilities Planning Fund................3,582
Illinois School Asbestos Abatement Fund.................1,742
Illinois Standardbred Breeders Fund.....................7,697
Illinois State Fair Fund...............................40,283
Illinois Thoroughbred Breeders Fund....................11,711
Illinois Veterans' Rehabilitation Fund..................2,084
Illinois Workers' Compensation Commission
Operations Fund...................................182,586
IMSA Income Fund........................................7,840
Income Tax Refund Fund.................................62,221
Lead Poisoning Screening, Prevention, and Abatement Fund.4,507
Live and Learn Fund....................................18,652
Lobbyist Registration Administration Fund.................623
The Local Government Distributive Fund.................35,569
Long Term Care Monitor/Receiver Fund...................24,533
Long-Term Care Provider Fund...........................15,559
Low-Level Radioactive Waste Facility
Development and Operation Fund......................1,286
Mandatory Arbitration Fund..............................2,978
Medical Interagency Program Fund........................2,120
Medical Special Purposes Trust Fund.....................1,829
Mental Health Fund.....................................10,964
Metabolic Screening and Treatment Fund.................28,495
Monitoring Device Driving Permit Administration Fee Fund.1,021
The Motor Fuel Tax Fund................................27,802
Motor Vehicle License Plate Fund.......................10,715
Motor Vehicle Theft Prevention Trust Fund..............10,219
Multiple Sclerosis Research Fund........................2,552
Nuclear Safety Emergency Preparedness Fund.............31,006
Nursing Dedicated and Professional Fund.................2,350
Partners for Conservation Fund.........................69,830
The Personal Property Tax Replacement Fund.............36,349
Pesticide Control Fund.................................32,100
Plumbing Licensure and Program Fund.....................2,237
Professional Services Fund..............................1,177
Public Health Laboratory Services Revolving Fund........5,556
The Public Transportation Fund.........................20,547
Radiation Protection Fund..............................12,033
The Road Fund.........................................153,257
Regional Transportation Authority
Occupation and Use Tax Replacement Fund...............799
School Infrastructure Fund..............................5,976
Secretary of State DUI Administration Fund..............1,767
Secretary of State Identification
Security and Theft Prevention Fund..................2,551
Secretary of State Special License Plate Fund...........3,483
Secretary of State Special Services Fund...............21,708
Securities Audit and Enforcement Fund...................5,637
Securities Investors Education Fund.......................894
Special Education Medicaid Matching Fund................4,648
State and Local Sales Tax Reform Fund...................1,651
State Construction Account Fund........................27,868
The State Garage Revolving Fund.........................7,320
The State Lottery Fund................................398,712
State Pensions Fund...................................500,000
The Statistical Services Revolving Fund................17,481
Supreme Court Historic Preservation Fund...............28,000
Tanning Facility Permit Fund..............................549
Tobacco Settlement Recovery Fund.......................30,438
Trauma Center Fund.....................................10,050
University of Illinois Hospital Services Fund...........9,247
The Vehicle Inspection Fund.............................2,810
Weights and Measures Fund..............................31,534
The Working Capital Revolving Fund.....................15,960
Notwithstanding any provision of the law to the contrary,
the General Assembly hereby authorizes the use of such funds
for the purposes set forth in this Section.
These provisions do not apply to funds classified by the
Comptroller as federal trust funds or State trust funds. The
Audit Expense Fund may receive transfers from those trust funds
only as directed herein, except where prohibited by the terms
of the trust fund agreement. The Auditor General shall notify
the trustees of those funds of the estimated cost of the audit
to be incurred under the Illinois State Auditing Act for the
fund. The trustees of those funds shall direct the State
Comptroller and Treasurer to transfer the estimated amount to
the Audit Expense Fund.
The Auditor General may bill entities that are not subject
to the above transfer provisions, including private entities,
related organizations and entities whose funds are
locally-held, for the cost of audits, studies, and
investigations incurred on their behalf. Any revenues received
under this provision shall be deposited into the Audit Expense
Fund.
In the event that moneys on deposit in any fund are
unavailable, by reason of deficiency or any other reason
preventing their lawful transfer, the State Comptroller shall
order transferred and the State Treasurer shall transfer the
amount deficient or otherwise unavailable from the General
Revenue Fund for deposit into the Audit Expense Fund.
On or before December 1, 1992, and each December 1
thereafter, the Auditor General shall notify the Governor's
Office of Management and Budget (formerly Bureau of the Budget)
of the amount estimated to be necessary to pay for audits,
studies, and investigations in accordance with the Illinois
State Auditing Act during the next succeeding fiscal year for
each State fund for which a transfer or reimbursement is
anticipated.
Beginning with fiscal year 1994 and during each fiscal year
thereafter, the Auditor General may direct the State
Comptroller and Treasurer to transfer moneys from funds
authorized by the General Assembly for that fund. In the event
funds, including federal and State trust funds but excluding
the General Revenue Fund, are transferred, during fiscal year
1994 and during each fiscal year thereafter, in excess of the
amount to pay actual costs attributable to audits, studies, and
investigations as permitted or required by the Illinois State
Auditing Act or specific action of the General Assembly, the
Auditor General shall, on September 30, or as soon thereafter
as is practicable, direct the State Comptroller and Treasurer
to transfer the excess amount back to the fund from which it
was originally transferred.
(Source: P.A. 98-270, eff. 8-9-13; 98-676, eff. 6-30-14; 99-38,
eff. 7-14-15; 99-523, eff. 6-30-16.)
(30 ILCS 105/6z-30)
Sec. 6z-30. University of Illinois Hospital Services Fund.
(a) The University of Illinois Hospital Services Fund is
created as a special fund in the State Treasury. The following
moneys shall be deposited into the Fund:
(1) As soon as possible after the beginning of fiscal
year 2010, and in no event later than July 30, the State
Comptroller and the State Treasurer shall automatically
transfer $30,000,000 from the General Revenue Fund to the
University of Illinois Hospital Services Fund.
(1.5) Starting in fiscal year 2011, and continuing
through fiscal year 2017, as soon as possible after the
beginning of each fiscal year, and in no event later than
July 30, the State Comptroller and the State Treasurer
shall automatically transfer $45,000,000 from the General
Revenue Fund to the University of Illinois Hospital
Services Fund; except that, in fiscal year 2012 only, the
State Comptroller and the State Treasurer shall transfer
$90,000,000 from the General Revenue Fund to the University
of Illinois Hospital Services Fund under this paragraph,
and, in fiscal year 2013 only, the State Comptroller and
the State Treasurer shall transfer no amounts from the
General Revenue Fund to the University of Illinois Hospital
Services Fund under this paragraph.
(1.7) Starting in fiscal year 2018, at the direction of
and upon notification from the Director of Healthcare and
Family Services, the State Comptroller shall direct and the
State Treasurer shall transfer an amount of at least
$20,000,000 but not exceeding a total of $45,000,000 from
the General Revenue Fund to the University of Illinois
Hospital Services Fund in each fiscal year.
(2) All intergovernmental transfer payments to the
Department of Healthcare and Family Services by the
University of Illinois made pursuant to an
intergovernmental agreement under subsection (b) or (c) of
Section 5A-3 of the Illinois Public Aid Code.
(3) All federal matching funds received by the
Department of Healthcare and Family Services (formerly
Illinois Department of Public Aid) as a result of
expenditures made by the Department that are attributable
to moneys that were deposited in the Fund.
(4) All other moneys received for the Fund from any
other source, including interest earned thereon.
(b) Moneys in the fund may be used by the Department of
Healthcare and Family Services, subject to appropriation and to
an interagency agreement between that Department and the Board
of Trustees of the University of Illinois, to reimburse the
University of Illinois Hospital for hospital and pharmacy
services, to reimburse practitioners who are employed by the
University of Illinois, to reimburse other health care
facilities and health plans operated by the University of
Illinois, and to pass through to the University of Illinois
federal financial participation earned by the State as a result
of expenditures made by the University of Illinois.
(c) (Blank).
(Source: P.A. 97-732, eff. 6-30-12; 98-651, eff. 6-16-14.)
(30 ILCS 105/6z-32)
Sec. 6z-32. Partners for Planning and Conservation.
(a) The Partners for Conservation Fund (formerly known as
the Conservation 2000 Fund) and the Partners for Conservation
Projects Fund (formerly known as the Conservation 2000 Projects
Fund) are created as special funds in the State Treasury. These
funds shall be used to establish a comprehensive program to
protect Illinois' natural resources through cooperative
partnerships between State government and public and private
landowners. Moneys in these Funds may be used, subject to
appropriation, by the Department of Natural Resources,
Environmental Protection Agency, and the Department of
Agriculture for purposes relating to natural resource
protection, planning, recreation, tourism, and compatible
agricultural and economic development activities. Without
limiting these general purposes, moneys in these Funds may be
used, subject to appropriation, for the following specific
purposes:
(1) To foster sustainable agriculture practices and
control soil erosion and sedimentation, including grants
to Soil and Water Conservation Districts for conservation
practice cost-share grants and for personnel, educational,
and administrative expenses.
(2) To establish and protect a system of ecosystems in
public and private ownership through conservation
easements, incentives to public and private landowners,
natural resource restoration and preservation, water
quality protection and improvement, land use and watershed
planning, technical assistance and grants, and land
acquisition provided these mechanisms are all voluntary on
the part of the landowner and do not involve the use of
eminent domain.
(3) To develop a systematic and long-term program to
effectively measure and monitor natural resources and
ecological conditions through investments in technology
and involvement of scientific experts.
(4) To initiate strategies to enhance, use, and
maintain Illinois' inland lakes through education,
technical assistance, research, and financial incentives.
(5) To partner with private landowners and with units
of State, federal, and local government and with
not-for-profit organizations in order to integrate State
and federal programs with Illinois' natural resource
protection and restoration efforts and to meet
requirements to obtain federal and other funds for
conservation or protection of natural resources.
(b) The State Comptroller and State Treasurer shall
automatically transfer on the last day of each month, beginning
on September 30, 1995 and ending on June 30, 2021, from the
General Revenue Fund to the Partners for Conservation Fund, an
amount equal to 1/10 of the amount set forth below in fiscal
year 1996 and an amount equal to 1/12 of the amount set forth
below in each of the other specified fiscal years:
Fiscal Year Amount
1996$ 3,500,000
1997$ 9,000,000
1998$10,000,000
1999$11,000,000
2000$12,500,000
2001 through 2004$14,000,000
2005 $7,000,000
2006 $11,000,000
2007 $0
2008 through 2011........................ $14,000,000
2012 $12,200,000
2013 through 2017 2021.................... $14,000,000
2018 $1,500,000
2019 through 2021 $14,000,000
(c) Notwithstanding any other provision of law to the
contrary and in addition to any other transfers that may be
provided for by law, on the last day of each month beginning on
July 31, 2006 and ending on June 30, 2007, or as soon
thereafter as may be practical, the State Comptroller shall
direct and the State Treasurer shall transfer $1,000,000 from
the Open Space Lands Acquisition and Development Fund to the
Partners for Conservation Fund (formerly known as the
Conservation 2000 Fund).
(d) There shall be deposited into the Partners for
Conservation Projects Fund such bond proceeds and other moneys
as may, from time to time, be provided by law.
(Source: P.A. 97-641, eff. 12-19-11.)
(30 ILCS 105/6z-45)
Sec. 6z-45. The School Infrastructure Fund.
(a) The School Infrastructure Fund is created as a special
fund in the State Treasury.
In addition to any other deposits authorized by law,
beginning January 1, 2000, on the first day of each month, or
as soon thereafter as may be practical, the State Treasurer and
State Comptroller shall transfer the sum of $5,000,000 from the
General Revenue Fund to the School Infrastructure Fund, except
that, notwithstanding any other provision of law, and in
addition to any other transfers that may be provided for by
law, before June 30, 2012, the Comptroller and the Treasurer
shall transfer $45,000,000 from the General Revenue Fund into
the School Infrastructure Fund, and, for fiscal year 2013 only,
the Treasurer and the Comptroller shall transfer $1,250,000
from the General Revenue Fund to the School Infrastructure Fund
on the first day of each month; provided, however, that no such
transfers shall be made from July 1, 2001 through June 30,
2003.
(a-5) Money in the School Infrastructure Fund may be used
to pay the expenses of the State Board of Education, the
Governor's Office of Management and Budget, and the Capital
Development Board in administering programs under the School
Construction Law, the total expenses not to exceed $1,315,000
in any fiscal year.
(b) Subject to the transfer provisions set forth below,
money in the School Infrastructure Fund shall, if and when the
State of Illinois incurs any bonded indebtedness for the
construction of school improvements under subsection (e) of
Section 5 of the General Obligation Bond Act the School
Construction Law, be set aside and used for the purpose of
paying and discharging annually the principal and interest on
that bonded indebtedness then due and payable, and for no other
purpose.
In addition to other transfers to the General Obligation
Bond Retirement and Interest Fund made pursuant to Section 15
of the General Obligation Bond Act, upon each delivery of bonds
issued for construction of school improvements under the School
Construction Law, the State Comptroller shall compute and
certify to the State Treasurer the total amount of principal
of, interest on, and premium, if any, on such bonds during the
then current and each succeeding fiscal year. With respect to
the interest payable on variable rate bonds, such
certifications shall be calculated at the maximum rate of
interest that may be payable during the fiscal year, after
taking into account any credits permitted in the related
indenture or other instrument against the amount of such
interest required to be appropriated for that period.
On or before the last day of each month, the State
Treasurer and State Comptroller shall transfer from the School
Infrastructure Fund to the General Obligation Bond Retirement
and Interest Fund an amount sufficient to pay the aggregate of
the principal of, interest on, and premium, if any, on the
bonds payable on their next payment date, divided by the number
of monthly transfers occurring between the last previous
payment date (or the delivery date if no payment date has yet
occurred) and the next succeeding payment date. Interest
payable on variable rate bonds shall be calculated at the
maximum rate of interest that may be payable for the relevant
period, after taking into account any credits permitted in the
related indenture or other instrument against the amount of
such interest required to be appropriated for that period.
Interest for which moneys have already been deposited into the
capitalized interest account within the General Obligation
Bond Retirement and Interest Fund shall not be included in the
calculation of the amounts to be transferred under this
subsection.
(b-5) The money deposited into the School Infrastructure
Fund from transfers pursuant to subsections (c-30) and (c-35)
of Section 13 of the Riverboat Gambling Act shall be applied,
without further direction, as provided in subsection (b-3) of
Section 5-35 of the School Construction Law.
(c) The surplus, if any, in the School Infrastructure Fund
after payments made pursuant to subsections (a-5), (b), and
(b-5) of this Section shall, subject to appropriation, be used
as follows:
First - to make 3 payments to the School Technology
Revolving Loan Fund as follows:
Transfer of $30,000,000 in fiscal year 1999;
Transfer of $20,000,000 in fiscal year 2000; and
Transfer of $10,000,000 in fiscal year 2001.
Second - to pay the expenses of the State Board of
Education and the Capital Development Board in administering
programs under the School Construction Law, the total expenses
not to exceed $1,200,000 in any fiscal year.
Second Third - to pay any amounts due for grants for school
construction projects and debt service under the School
Construction Law.
Third Fourth - to pay any amounts due for grants for school
maintenance projects under the School Construction Law.
(Source: P.A. 97-732, eff. 6-30-12; 98-18, eff. 6-7-13.)
(30 ILCS 105/6z-52)
Sec. 6z-52. Drug Rebate Fund.
(a) There is created in the State Treasury a special fund
to be known as the Drug Rebate Fund.
(b) The Fund is created for the purpose of receiving and
disbursing moneys in accordance with this Section.
Disbursements from the Fund shall be made, subject to
appropriation, only as follows:
(1) For payments for reimbursement or coverage for
prescription drugs and other pharmacy products provided to
a recipient of medical assistance under the Illinois Public
Aid Code, the Children's Health Insurance Program Act, the
Covering ALL KIDS Health Insurance Act, and the Veterans'
Health Insurance Program Act of 2008.
(1.5) For payments to managed care organizations as
defined in Section 5-30.1 of the Illinois Public Aid Code.
(2) For reimbursement of moneys collected by the
Department of Healthcare and Family Services (formerly
Illinois Department of Public Aid) through error or
mistake.
(3) For payments of any amounts that are reimbursable
to the federal government resulting from a payment into
this Fund.
(4) For payments of operational and administrative
expenses related to providing and managing coverage for
prescription drugs and other pharmacy products provided to
a recipient of medical assistance under the Illinois Public
Aid Code, the Children's Health Insurance Program Act, the
Covering ALL KIDS Health Insurance Act, and the Veterans'
Health Insurance Program Act of 2008, and the Senior
Citizens and Disabled Persons Property Tax Relief and
Pharmaceutical Assistance Act.
(c) The Fund shall consist of the following:
(1) Upon notification from the Director of Healthcare
and Family Services, the Comptroller shall direct and the
Treasurer shall transfer the net State share (disregarding
the reduction in net State share attributable to the
American Recovery and Reinvestment Act of 2009 or any other
federal economic stimulus program) of all moneys received
by the Department of Healthcare and Family Services
(formerly Illinois Department of Public Aid) from drug
rebate agreements with pharmaceutical manufacturers
pursuant to Title XIX of the federal Social Security Act,
including any portion of the balance in the Public Aid
Recoveries Trust Fund on July 1, 2001 that is attributable
to such receipts.
(2) All federal matching funds received by the Illinois
Department as a result of expenditures made by the
Department that are attributable to moneys deposited in the
Fund.
(3) Any premium collected by the Illinois Department
from participants under a waiver approved by the federal
government relating to provision of pharmaceutical
services.
(4) All other moneys received for the Fund from any
other source, including interest earned thereon.
(Source: P.A. 96-8, eff. 4-28-09; 96-1100, eff. 1-1-11; 97-689,
eff. 7-1-12.)
(30 ILCS 105/8.3) (from Ch. 127, par. 144.3)
Sec. 8.3. Money in the Road Fund shall, if and when the
State of Illinois incurs any bonded indebtedness for the
construction of permanent highways, be set aside and used for
the purpose of paying and discharging annually the principal
and interest on that bonded indebtedness then due and payable,
and for no other purpose. The surplus, if any, in the Road Fund
after the payment of principal and interest on that bonded
indebtedness then annually due shall be used as follows:
first -- to pay the cost of administration of Chapters
2 through 10 of the Illinois Vehicle Code, except the cost
of administration of Articles I and II of Chapter 3 of that
Code; and
secondly -- for expenses of the Department of
Transportation for construction, reconstruction,
improvement, repair, maintenance, operation, and
administration of highways in accordance with the
provisions of laws relating thereto, or for any purpose
related or incident to and connected therewith, including
the separation of grades of those highways with railroads
and with highways and including the payment of awards made
by the Illinois Workers' Compensation Commission under the
terms of the Workers' Compensation Act or Workers'
Occupational Diseases Act for injury or death of an
employee of the Division of Highways in the Department of
Transportation; or for the acquisition of land and the
erection of buildings for highway purposes, including the
acquisition of highway right-of-way or for investigations
to determine the reasonably anticipated future highway
needs; or for making of surveys, plans, specifications and
estimates for and in the construction and maintenance of
flight strips and of highways necessary to provide access
to military and naval reservations, to defense industries
and defense-industry sites, and to the sources of raw
materials and for replacing existing highways and highway
connections shut off from general public use at military
and naval reservations and defense-industry sites, or for
the purchase of right-of-way, except that the State shall
be reimbursed in full for any expense incurred in building
the flight strips; or for the operating and maintaining of
highway garages; or for patrolling and policing the public
highways and conserving the peace; or for the operating
expenses of the Department relating to the administration
of public transportation programs; or, during fiscal year
2012 only, for the purposes of a grant not to exceed
$8,500,000 to the Regional Transportation Authority on
behalf of PACE for the purpose of ADA/Para-transit
expenses; or, during fiscal year 2013 only, for the
purposes of a grant not to exceed $3,825,000 to the
Regional Transportation Authority on behalf of PACE for the
purpose of ADA/Para-transit expenses; or, during fiscal
year 2014 only, for the purposes of a grant not to exceed
$3,825,000 to the Regional Transportation Authority on
behalf of PACE for the purpose of ADA/Para-transit
expenses; or, during fiscal year 2015 only, for the
purposes of a grant not to exceed $3,825,000 to the
Regional Transportation Authority on behalf of PACE for the
purpose of ADA/Para-transit expenses; or, during fiscal
year 2016 only, for the purposes of a grant not to exceed
$3,825,000 to the Regional Transportation Authority on
behalf of PACE for the purpose of ADA/Para-transit
expenses; or, during fiscal year 2017 only, for the
purposes of a grant not to exceed $3,825,000 to the
Regional Transportation Authority on behalf of PACE for the
purpose of ADA/Para-transit expenses; or for any of those
purposes or any other purpose that may be provided by law.
Appropriations for any of those purposes are payable from
the Road Fund. Appropriations may also be made from the Road
Fund for the administrative expenses of any State agency that
are related to motor vehicles or arise from the use of motor
vehicles.
Beginning with fiscal year 1980 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement;
1. Department of Public Health;
2. Department of Transportation, only with respect to
subsidies for one-half fare Student Transportation and
Reduced Fare for Elderly, except during fiscal year 2012
only when no more than $40,000,000 may be expended and
except during fiscal year 2013 only when no more than
$17,570,300 may be expended and except during fiscal year
2014 only when no more than $17,570,000 may be expended and
except during fiscal year 2015 only when no more than
$17,570,000 may be expended and except during fiscal year
2016 only when no more than $17,570,000 may be expended and
except during fiscal year 2017 only when no more than
$17,570,000 may be expended;
3. Department of Central Management Services, except
for expenditures incurred for group insurance premiums of
appropriate personnel;
4. Judicial Systems and Agencies.
Beginning with fiscal year 1981 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement:
1. Department of State Police, except for expenditures
with respect to the Division of Operations;
2. Department of Transportation, only with respect to
Intercity Rail Subsidies, except during fiscal year 2012
only when no more than $40,000,000 may be expended and
except during fiscal year 2013 only when no more than
$26,000,000 may be expended and except during fiscal year
2014 only when no more than $38,000,000 may be expended and
except during fiscal year 2015 only when no more than
$42,000,000 may be expended and except during fiscal year
2016 only when no more than $38,300,000 may be expended and
except during fiscal year 2017 only when no more than
$50,000,000 may be expended and except during fiscal year
2018 only when no more than $52,000,000 may be expended,
and Rail Freight Services.
Beginning with fiscal year 1982 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement: Department of Central
Management Services, except for awards made by the Illinois
Workers' Compensation Commission under the terms of the
Workers' Compensation Act or Workers' Occupational Diseases
Act for injury or death of an employee of the Division of
Highways in the Department of Transportation.
Beginning with fiscal year 1984 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement:
1. Department of State Police, except not more than 40%
of the funds appropriated for the Division of Operations;
2. State Officers.
Beginning with fiscal year 1984 and thereafter, no Road
Fund monies shall be appropriated to any Department or agency
of State government for administration, grants, or operations
except as provided hereafter; but this limitation is not a
restriction upon appropriating for those purposes any Road Fund
monies that are eligible for federal reimbursement. It shall
not be lawful to circumvent the above appropriation limitations
by governmental reorganization or other methods.
Appropriations shall be made from the Road Fund only in
accordance with the provisions of this Section.
Money in the Road Fund shall, if and when the State of
Illinois incurs any bonded indebtedness for the construction of
permanent highways, be set aside and used for the purpose of
paying and discharging during each fiscal year the principal
and interest on that bonded indebtedness as it becomes due and
payable as provided in the Transportation Bond Act, and for no
other purpose. The surplus, if any, in the Road Fund after the
payment of principal and interest on that bonded indebtedness
then annually due shall be used as follows:
first -- to pay the cost of administration of Chapters
2 through 10 of the Illinois Vehicle Code; and
secondly -- no Road Fund monies derived from fees,
excises, or license taxes relating to registration,
operation and use of vehicles on public highways or to
fuels used for the propulsion of those vehicles, shall be
appropriated or expended other than for costs of
administering the laws imposing those fees, excises, and
license taxes, statutory refunds and adjustments allowed
thereunder, administrative costs of the Department of
Transportation, including, but not limited to, the
operating expenses of the Department relating to the
administration of public transportation programs, payment
of debts and liabilities incurred in construction and
reconstruction of public highways and bridges, acquisition
of rights-of-way for and the cost of construction,
reconstruction, maintenance, repair, and operation of
public highways and bridges under the direction and
supervision of the State, political subdivision, or
municipality collecting those monies, or during fiscal
year 2012 only for the purposes of a grant not to exceed
$8,500,000 to the Regional Transportation Authority on
behalf of PACE for the purpose of ADA/Para-transit
expenses, or during fiscal year 2013 only for the purposes
of a grant not to exceed $3,825,000 to the Regional
Transportation Authority on behalf of PACE for the purpose
of ADA/Para-transit expenses, or during fiscal year 2014
only for the purposes of a grant not to exceed $3,825,000
to the Regional Transportation Authority on behalf of PACE
for the purpose of ADA/Para-transit expenses, or during
fiscal year 2015 only for the purposes of a grant not to
exceed $3,825,000 to the Regional Transportation Authority
on behalf of PACE for the purpose of ADA/Para-transit
expenses, or during fiscal year 2016 only for the purposes
of a grant not to exceed $3,825,000 to the Regional
Transportation Authority on behalf of PACE for the purpose
of ADA/Para-transit expenses, or during fiscal year 2017
only for the purposes of a grant not to exceed $3,825,000
to the Regional Transportation Authority on behalf of PACE
for the purpose of ADA/Para-transit expenses, and the costs
for patrolling and policing the public highways (by State,
political subdivision, or municipality collecting that
money) for enforcement of traffic laws. The separation of
grades of such highways with railroads and costs associated
with protection of at-grade highway and railroad crossing
shall also be permissible.
Appropriations for any of such purposes are payable from
the Road Fund or the Grade Crossing Protection Fund as provided
in Section 8 of the Motor Fuel Tax Law.
Except as provided in this paragraph, beginning with fiscal
year 1991 and thereafter, no Road Fund monies shall be
appropriated to the Department of State Police for the purposes
of this Section in excess of its total fiscal year 1990 Road
Fund appropriations for those purposes unless otherwise
provided in Section 5g of this Act. For fiscal years 2003,
2004, 2005, 2006, and 2007 only, no Road Fund monies shall be
appropriated to the Department of State Police for the purposes
of this Section in excess of $97,310,000. For fiscal year 2008
only, no Road Fund monies shall be appropriated to the
Department of State Police for the purposes of this Section in
excess of $106,100,000. For fiscal year 2009 only, no Road Fund
monies shall be appropriated to the Department of State Police
for the purposes of this Section in excess of $114,700,000.
Beginning in fiscal year 2010, no road fund moneys shall be
appropriated to the Department of State Police. It shall not be
lawful to circumvent this limitation on appropriations by
governmental reorganization or other methods unless otherwise
provided in Section 5g of this Act.
In fiscal year 1994, no Road Fund monies shall be
appropriated to the Secretary of State for the purposes of this
Section in excess of the total fiscal year 1991 Road Fund
appropriations to the Secretary of State for those purposes,
plus $9,800,000. It shall not be lawful to circumvent this
limitation on appropriations by governmental reorganization or
other method.
Beginning with fiscal year 1995 and thereafter, no Road
Fund monies shall be appropriated to the Secretary of State for
the purposes of this Section in excess of the total fiscal year
1994 Road Fund appropriations to the Secretary of State for
those purposes. It shall not be lawful to circumvent this
limitation on appropriations by governmental reorganization or
other methods.
Beginning with fiscal year 2000, total Road Fund
appropriations to the Secretary of State for the purposes of
this Section shall not exceed the amounts specified for the
following fiscal years:
Fiscal Year 2000$80,500,000;
Fiscal Year 2001$80,500,000;
Fiscal Year 2002$80,500,000;
Fiscal Year 2003$130,500,000;
Fiscal Year 2004$130,500,000;
Fiscal Year 2005$130,500,000;
Fiscal Year 2006 $130,500,000;
Fiscal Year 2007 $130,500,000;
Fiscal Year 2008$130,500,000;
Fiscal Year 2009 $130,500,000.
For fiscal year 2010, no road fund moneys shall be
appropriated to the Secretary of State.
Beginning in fiscal year 2011, moneys in the Road Fund
shall be appropriated to the Secretary of State for the
exclusive purpose of paying refunds due to overpayment of fees
related to Chapter 3 of the Illinois Vehicle Code unless
otherwise provided for by law.
It shall not be lawful to circumvent this limitation on
appropriations by governmental reorganization or other
methods.
No new program may be initiated in fiscal year 1991 and
thereafter that is not consistent with the limitations imposed
by this Section for fiscal year 1984 and thereafter, insofar as
appropriation of Road Fund monies is concerned.
Nothing in this Section prohibits transfers from the Road
Fund to the State Construction Account Fund under Section 5e of
this Act; nor to the General Revenue Fund, as authorized by
this amendatory Act of the 93rd General Assembly.
The additional amounts authorized for expenditure in this
Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
shall be repaid to the Road Fund from the General Revenue Fund
in the next succeeding fiscal year that the General Revenue
Fund has a positive budgetary balance, as determined by
generally accepted accounting principles applicable to
government.
The additional amounts authorized for expenditure by the
Secretary of State and the Department of State Police in this
Section by this amendatory Act of the 94th General Assembly
shall be repaid to the Road Fund from the General Revenue Fund
in the next succeeding fiscal year that the General Revenue
Fund has a positive budgetary balance, as determined by
generally accepted accounting principles applicable to
government.
(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14;
99-523, eff. 6-30-16.)
(30 ILCS 105/8.25e) (from Ch. 127, par. 144.25e)
Sec. 8.25e. (a) The State Comptroller and the State
Treasurer shall automatically transfer on the first day of each
month, beginning on February 1, 1988, from the General Revenue
Fund to each of the funds then supplemented by the pari-mutuel
tax pursuant to Section 28 of the Illinois Horse Racing Act of
1975, an amount equal to (i) the amount of pari-mutuel tax
deposited into such fund during the month in fiscal year 1986
which corresponds to the month preceding such transfer, minus
(ii) the amount of pari-mutuel tax (or the replacement transfer
authorized by subsection (d) of Section 8g Section 8g(d) of
this Act and subsection (d) of Section 28.1 Section 28.1(d) of
the Illinois Horse Racing Act of 1975) deposited into such fund
during the month preceding such transfer; provided, however,
that no transfer shall be made to a fund if such amount for
that fund is equal to or less than zero and provided that no
transfer shall be made to a fund in any fiscal year after the
amount deposited into such fund exceeds the amount of
pari-mutuel tax deposited into such fund during fiscal year
1986.
(b) The State Comptroller and the State Treasurer shall
automatically transfer on the last day of each month, beginning
on October 1, 1989 and ending on June 30, 2017, from the
General Revenue Fund to the Metropolitan Exposition,
Auditorium and Office Building Fund, the amount of $2,750,000
plus any cumulative deficiencies in such transfers for prior
months, until the sum of $16,500,000 has been transferred for
the fiscal year beginning July 1, 1989 and until the sum of
$22,000,000 has been transferred for each fiscal year
thereafter.
(b-5) The State Comptroller and the State Treasurer shall
automatically transfer on the last day of each month, beginning
on July 1, 2017, from the General Revenue Fund to the
Metropolitan Exposition, Auditorium and Office Building Fund,
the amount of $1,500,000 plus any cumulative deficiencies in
such transfers for prior months, until the sum of $12,000,000
has been transferred for each fiscal year thereafter.
(c) After the transfer of funds from the Metropolitan
Exposition, Auditorium and Office Building Fund to the Bond
Retirement Fund pursuant to subsection (b) of Section 15
Section 15(b) of the Metropolitan Civic Center Support Act, the
State Comptroller and the State Treasurer shall automatically
transfer on the last day of each month, beginning on October 1,
1989 and ending on June 30, 2017, from the Metropolitan
Exposition, Auditorium and Office Building Fund to the Park and
Conservation Fund the amount of $1,250,000 plus any cumulative
deficiencies in such transfers for prior months, until the sum
of $7,500,000 has been transferred for the fiscal year
beginning July 1, 1989 and until the sum of $10,000,000 has
been transferred for each fiscal year thereafter.
(Source: P.A. 91-25, eff. 6-9-99.)
(30 ILCS 105/8g)
Sec. 8g. Fund transfers.
(a) In addition to any other transfers that may be provided
for by law, as soon as may be practical after the effective
date of this amendatory Act of the 91st General Assembly, the
State Comptroller shall direct and the State Treasurer shall
transfer the sum of $10,000,000 from the General Revenue Fund
to the Motor Vehicle License Plate Fund created by Senate Bill
1028 of the 91st General Assembly.
(b) In addition to any other transfers that may be provided
for by law, as soon as may be practical after the effective
date of this amendatory Act of the 91st General Assembly, the
State Comptroller shall direct and the State Treasurer shall
transfer the sum of $25,000,000 from the General Revenue Fund
to the Fund for Illinois' Future created by Senate Bill 1066 of
the 91st General Assembly.
(c) In addition to any other transfers that may be provided
for by law, on August 30 of each fiscal year's license period,
the Illinois Liquor Control Commission shall direct and the
State Comptroller and State Treasurer shall transfer from the
General Revenue Fund to the Youth Alcoholism and Substance
Abuse Prevention Fund an amount equal to the number of retail
liquor licenses issued for that fiscal year multiplied by $50.
(d) The payments to programs required under subsection (d)
of Section 28.1 of the Illinois Horse Racing Act of 1975 shall
be made, pursuant to appropriation, from the special funds
referred to in the statutes cited in that subsection, rather
than directly from the General Revenue Fund.
Beginning January 1, 2000, on the first day of each month,
or as soon as may be practical thereafter, the State
Comptroller shall direct and the State Treasurer shall transfer
from the General Revenue Fund to each of the special funds from
which payments are to be made under subsection (d) of Section
28.1 of the Illinois Horse Racing Act of 1975 an amount equal
to 1/12 of the annual amount required for those payments from
that special fund, which annual amount shall not exceed the
annual amount for those payments from that special fund for the
calendar year 1998. The special funds to which transfers shall
be made under this subsection (d) include, but are not
necessarily limited to, the Agricultural Premium Fund; the
Metropolitan Exposition, Auditorium and Office Building Fund;
the Fair and Exposition Fund; the Illinois Standardbred
Breeders Fund; the Illinois Thoroughbred Breeders Fund; and the
Illinois Veterans' Rehabilitation Fund. Except for transfers
attributable to prior fiscal years, during State fiscal year
2018 only, no transfers shall be made from the General Revenue
Fund to the Agricultural Premium Fund, the Fair and Exposition
Fund, the Illinois Standardbred Breeders Fund, or the Illinois
Thoroughbred Breeders Fund.
(e) In addition to any other transfers that may be provided
for by law, as soon as may be practical after the effective
date of this amendatory Act of the 91st General Assembly, but
in no event later than June 30, 2000, the State Comptroller
shall direct and the State Treasurer shall transfer the sum of
$15,000,000 from the General Revenue Fund to the Fund for
Illinois' Future.
(f) In addition to any other transfers that may be provided
for by law, as soon as may be practical after the effective
date of this amendatory Act of the 91st General Assembly, but
in no event later than June 30, 2000, the State Comptroller
shall direct and the State Treasurer shall transfer the sum of
$70,000,000 from the General Revenue Fund to the Long-Term Care
Provider Fund.
(f-1) In fiscal year 2002, in addition to any other
transfers that may be provided for by law, at the direction of
and upon notification from the Governor, the State Comptroller
shall direct and the State Treasurer shall transfer amounts not
exceeding a total of $160,000,000 from the General Revenue Fund
to the Long-Term Care Provider Fund.
(g) In addition to any other transfers that may be provided
for by law, on July 1, 2001, or as soon thereafter as may be
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,200,000 from the General
Revenue Fund to the Violence Prevention Fund.
(h) In each of fiscal years 2002 through 2004, but not
thereafter, in addition to any other transfers that may be
provided for by law, the State Comptroller shall direct and the
State Treasurer shall transfer $5,000,000 from the General
Revenue Fund to the Tourism Promotion Fund.
(i) On or after July 1, 2001 and until May 1, 2002, in
addition to any other transfers that may be provided for by
law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
re-transferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2002.
(i-1) On or after July 1, 2002 and until May 1, 2003, in
addition to any other transfers that may be provided for by
law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
re-transferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2003.
(j) On or after July 1, 2001 and no later than June 30,
2002, in addition to any other transfers that may be provided
for by law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not to exceed the following
sums into the Statistical Services Revolving Fund:
From the General Revenue Fund.................$8,450,000
From the Public Utility Fund..................1,700,000
From the Transportation Regulatory Fund.......2,650,000
From the Title III Social Security and
Employment Fund..............................3,700,000
From the Professions Indirect Cost Fund.......4,050,000
From the Underground Storage Tank Fund........550,000
From the Agricultural Premium Fund............750,000
From the State Pensions Fund..................200,000
From the Road Fund............................2,000,000
From the Health Facilities
Planning Fund................................1,000,000
From the Savings and Residential Finance
Regulatory Fund..............................130,800
From the Appraisal Administration Fund........28,600
From the Pawnbroker Regulation Fund...........3,600
From the Auction Regulation
Administration Fund..........................35,800
From the Bank and Trust Company Fund..........634,800
From the Real Estate License
Administration Fund..........................313,600
(k) In addition to any other transfers that may be provided
for by law, as soon as may be practical after the effective
date of this amendatory Act of the 92nd General Assembly, the
State Comptroller shall direct and the State Treasurer shall
transfer the sum of $2,000,000 from the General Revenue Fund to
the Teachers Health Insurance Security Fund.
(k-1) In addition to any other transfers that may be
provided for by law, on July 1, 2002, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $2,000,000 from
the General Revenue Fund to the Teachers Health Insurance
Security Fund.
(k-2) In addition to any other transfers that may be
provided for by law, on July 1, 2003, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $2,000,000 from
the General Revenue Fund to the Teachers Health Insurance
Security Fund.
(k-3) On or after July 1, 2002 and no later than June 30,
2003, in addition to any other transfers that may be provided
for by law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not to exceed the following
sums into the Statistical Services Revolving Fund:
Appraisal Administration Fund.................$150,000
General Revenue Fund..........................10,440,000
Savings and Residential Finance
Regulatory Fund...........................200,000
State Pensions Fund...........................100,000
Bank and Trust Company Fund...................100,000
Professions Indirect Cost Fund................3,400,000
Public Utility Fund...........................2,081,200
Real Estate License Administration Fund.......150,000
Title III Social Security and
Employment Fund...........................1,000,000
Transportation Regulatory Fund................3,052,100
Underground Storage Tank Fund.................50,000
(l) In addition to any other transfers that may be provided
for by law, on July 1, 2002, or as soon as may be practical
thereafter, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $3,000,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
(m) In addition to any other transfers that may be provided
for by law, on July 1, 2002 and on the effective date of this
amendatory Act of the 93rd General Assembly, or as soon
thereafter as may be practical, the State Comptroller shall
direct and the State Treasurer shall transfer the sum of
$1,200,000 from the General Revenue Fund to the Violence
Prevention Fund.
(n) In addition to any other transfers that may be provided
for by law, on July 1, 2003, or as soon thereafter as may be
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $6,800,000 from the General
Revenue Fund to the DHS Recoveries Trust Fund.
(o) On or after July 1, 2003, and no later than June 30,
2004, in addition to any other transfers that may be provided
for by law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not to exceed the following
sums into the Vehicle Inspection Fund:
From the Underground Storage Tank Fund .......$35,000,000.
(p) On or after July 1, 2003 and until May 1, 2004, in
addition to any other transfers that may be provided for by
law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
re-transferred from the Tobacco Settlement Recovery Fund to the
General Revenue Fund at the direction of and upon notification
from the Governor, but in any event on or before June 30, 2004.
(q) In addition to any other transfers that may be provided
for by law, on July 1, 2003, or as soon as may be practical
thereafter, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $5,000,000 from the General
Revenue Fund to the Illinois Military Family Relief Fund.
(r) In addition to any other transfers that may be provided
for by law, on July 1, 2003, or as soon as may be practical
thereafter, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,922,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
(s) In addition to any other transfers that may be provided
for by law, on or after July 1, 2003, the State Comptroller
shall direct and the State Treasurer shall transfer the sum of
$4,800,000 from the Statewide Economic Development Fund to the
General Revenue Fund.
(t) In addition to any other transfers that may be provided
for by law, on or after July 1, 2003, the State Comptroller
shall direct and the State Treasurer shall transfer the sum of
$50,000,000 from the General Revenue Fund to the Budget
Stabilization Fund.
(u) On or after July 1, 2004 and until May 1, 2005, in
addition to any other transfers that may be provided for by
law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
retransferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2005.
(v) In addition to any other transfers that may be provided
for by law, on July 1, 2004, or as soon thereafter as may be
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,200,000 from the General
Revenue Fund to the Violence Prevention Fund.
(w) In addition to any other transfers that may be provided
for by law, on July 1, 2004, or as soon thereafter as may be
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $6,445,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
(x) In addition to any other transfers that may be provided
for by law, on January 15, 2005, or as soon thereafter as may
be practical, the State Comptroller shall direct and the State
Treasurer shall transfer to the General Revenue Fund the
following sums:
From the State Crime Laboratory Fund, $200,000;
From the State Police Wireless Service Emergency Fund,
$200,000;
From the State Offender DNA Identification System
Fund, $800,000; and
From the State Police Whistleblower Reward and
Protection Fund, $500,000.
(y) Notwithstanding any other provision of law to the
contrary, in addition to any other transfers that may be
provided for by law on June 30, 2005, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the remaining balance from
the designated funds into the General Revenue Fund and any
future deposits that would otherwise be made into these funds
must instead be made into the General Revenue Fund:
(1) the Keep Illinois Beautiful Fund;
(2) the Metropolitan Fair and Exposition Authority
Reconstruction Fund;
(3) the New Technology Recovery Fund;
(4) the Illinois Rural Bond Bank Trust Fund;
(5) the ISBE School Bus Driver Permit Fund;
(6) the Solid Waste Management Revolving Loan Fund;
(7) the State Postsecondary Review Program Fund;
(8) the Tourism Attraction Development Matching Grant
Fund;
(9) the Patent and Copyright Fund;
(10) the Credit Enhancement Development Fund;
(11) the Community Mental Health and Developmental
Disabilities Services Provider Participation Fee Trust
Fund;
(12) the Nursing Home Grant Assistance Fund;
(13) the By-product Material Safety Fund;
(14) the Illinois Student Assistance Commission Higher
EdNet Fund;
(15) the DORS State Project Fund;
(16) the School Technology Revolving Fund;
(17) the Energy Assistance Contribution Fund;
(18) the Illinois Building Commission Revolving Fund;
(19) the Illinois Aquaculture Development Fund;
(20) the Homelessness Prevention Fund;
(21) the DCFS Refugee Assistance Fund;
(22) the Illinois Century Network Special Purposes
Fund; and
(23) the Build Illinois Purposes Fund.
(z) In addition to any other transfers that may be provided
for by law, on July 1, 2005, or as soon as may be practical
thereafter, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,200,000 from the General
Revenue Fund to the Violence Prevention Fund.
(aa) In addition to any other transfers that may be
provided for by law, on July 1, 2005, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $9,000,000 from
the General Revenue Fund to the Presidential Library and Museum
Operating Fund.
(bb) In addition to any other transfers that may be
provided for by law, on July 1, 2005, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $6,803,600 from
the General Revenue Fund to the Securities Audit and
Enforcement Fund.
(cc) In addition to any other transfers that may be
provided for by law, on or after July 1, 2005 and until May 1,
2006, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
re-transferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2006.
(dd) In addition to any other transfers that may be
provided for by law, on April 1, 2005, or as soon thereafter as
may be practical, at the direction of the Director of Public
Aid (now Director of Healthcare and Family Services), the State
Comptroller shall direct and the State Treasurer shall transfer
from the Public Aid Recoveries Trust Fund amounts not to exceed
$14,000,000 to the Community Mental Health Medicaid Trust Fund.
(ee) Notwithstanding any other provision of law, on July 1,
2006, or as soon thereafter as practical, the State Comptroller
shall direct and the State Treasurer shall transfer the
remaining balance from the Illinois Civic Center Bond Fund to
the Illinois Civic Center Bond Retirement and Interest Fund.
(ff) In addition to any other transfers that may be
provided for by law, on and after July 1, 2006 and until June
30, 2007, at the direction of and upon notification from the
Director of the Governor's Office of Management and Budget, the
State Comptroller shall direct and the State Treasurer shall
transfer amounts not exceeding a total of $1,900,000 from the
General Revenue Fund to the Illinois Capital Revolving Loan
Fund.
(gg) In addition to any other transfers that may be
provided for by law, on and after July 1, 2006 and until May 1,
2007, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
retransferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2007.
(hh) In addition to any other transfers that may be
provided for by law, on and after July 1, 2006 and until June
30, 2007, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts from the Illinois Affordable
Housing Trust Fund to the designated funds not exceeding the
following amounts:
DCFS Children's Services Fund.................$2,200,000
Department of Corrections Reimbursement
and Education Fund........................$1,500,000
Supplemental Low-Income Energy
Assistance Fund..............................$75,000
(ii) In addition to any other transfers that may be
provided for by law, on or before August 31, 2006, the Governor
and the State Comptroller may agree to transfer the surplus
cash balance from the General Revenue Fund to the Budget
Stabilization Fund and the Pension Stabilization Fund in equal
proportions. The determination of the amount of the surplus
cash balance shall be made by the Governor, with the
concurrence of the State Comptroller, after taking into account
the June 30, 2006 balances in the general funds and the actual
or estimated spending from the general funds during the lapse
period. Notwithstanding the foregoing, the maximum amount that
may be transferred under this subsection (ii) is $50,000,000.
(jj) In addition to any other transfers that may be
provided for by law, on July 1, 2006, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $8,250,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
(kk) In addition to any other transfers that may be
provided for by law, on July 1, 2006, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,400,000 from the General
Revenue Fund to the Violence Prevention Fund.
(ll) In addition to any other transfers that may be
provided for by law, on the first day of each calendar quarter
of the fiscal year beginning July 1, 2006, or as soon
thereafter as practical, the State Comptroller shall direct and
the State Treasurer shall transfer from the General Revenue
Fund amounts equal to one-fourth of $20,000,000 to the
Renewable Energy Resources Trust Fund.
(mm) In addition to any other transfers that may be
provided for by law, on July 1, 2006, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,320,000 from the General
Revenue Fund to the I-FLY Fund.
(nn) In addition to any other transfers that may be
provided for by law, on July 1, 2006, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $3,000,000 from the General
Revenue Fund to the African-American HIV/AIDS Response Fund.
(oo) In addition to any other transfers that may be
provided for by law, on and after July 1, 2006 and until June
30, 2007, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts identified as net receipts
from the sale of all or part of the Illinois Student Assistance
Commission loan portfolio from the Student Loan Operating Fund
to the General Revenue Fund. The maximum amount that may be
transferred pursuant to this Section is $38,800,000. In
addition, no transfer may be made pursuant to this Section that
would have the effect of reducing the available balance in the
Student Loan Operating Fund to an amount less than the amount
remaining unexpended and unreserved from the total
appropriations from the Fund estimated to be expended for the
fiscal year. The State Treasurer and Comptroller shall transfer
the amounts designated under this Section as soon as may be
practical after receiving the direction to transfer from the
Governor.
(pp) In addition to any other transfers that may be
provided for by law, on July 1, 2006, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $2,000,000 from the General
Revenue Fund to the Illinois Veterans Assistance Fund.
(qq) In addition to any other transfers that may be
provided for by law, on and after July 1, 2007 and until May 1,
2008, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
retransferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2008.
(rr) In addition to any other transfers that may be
provided for by law, on and after July 1, 2007 and until June
30, 2008, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts from the Illinois Affordable
Housing Trust Fund to the designated funds not exceeding the
following amounts:
DCFS Children's Services Fund.................$2,200,000
Department of Corrections Reimbursement
and Education Fund........................$1,500,000
Supplemental Low-Income Energy
Assistance Fund..............................$75,000
(ss) In addition to any other transfers that may be
provided for by law, on July 1, 2007, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $8,250,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
(tt) In addition to any other transfers that may be
provided for by law, on July 1, 2007, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,400,000 from the General
Revenue Fund to the Violence Prevention Fund.
(uu) In addition to any other transfers that may be
provided for by law, on July 1, 2007, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,320,000 from the General
Revenue Fund to the I-FLY Fund.
(vv) In addition to any other transfers that may be
provided for by law, on July 1, 2007, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $3,000,000 from the General
Revenue Fund to the African-American HIV/AIDS Response Fund.
(ww) In addition to any other transfers that may be
provided for by law, on July 1, 2007, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $3,500,000 from the General
Revenue Fund to the Predatory Lending Database Program Fund.
(xx) In addition to any other transfers that may be
provided for by law, on July 1, 2007, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $5,000,000 from the General
Revenue Fund to the Digital Divide Elimination Fund.
(yy) In addition to any other transfers that may be
provided for by law, on July 1, 2007, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $4,000,000 from the General
Revenue Fund to the Digital Divide Elimination Infrastructure
Fund.
(zz) In addition to any other transfers that may be
provided for by law, on July 1, 2008, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $5,000,000 from the General
Revenue Fund to the Digital Divide Elimination Fund.
(aaa) In addition to any other transfers that may be
provided for by law, on and after July 1, 2008 and until May 1,
2009, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
retransferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2009.
(bbb) In addition to any other transfers that may be
provided for by law, on and after July 1, 2008 and until June
30, 2009, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts from the Illinois Affordable
Housing Trust Fund to the designated funds not exceeding the
following amounts:
DCFS Children's Services Fund.............$2,200,000
Department of Corrections Reimbursement
and Education Fund........................$1,500,000
Supplemental Low-Income Energy
Assistance Fund..............................$75,000
(ccc) In addition to any other transfers that may be
provided for by law, on July 1, 2008, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $7,450,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
(ddd) In addition to any other transfers that may be
provided for by law, on July 1, 2008, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,400,000 from the General
Revenue Fund to the Violence Prevention Fund.
(eee) In addition to any other transfers that may be
provided for by law, on July 1, 2009, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $5,000,000 from the General
Revenue Fund to the Digital Divide Elimination Fund.
(fff) In addition to any other transfers that may be
provided for by law, on and after July 1, 2009 and until May 1,
2010, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
retransferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2010.
(ggg) In addition to any other transfers that may be
provided for by law, on July 1, 2009, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $7,450,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
(hhh) In addition to any other transfers that may be
provided for by law, on July 1, 2009, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,400,000 from the General
Revenue Fund to the Violence Prevention Fund.
(iii) In addition to any other transfers that may be
provided for by law, on July 1, 2009, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $100,000 from the General
Revenue Fund to the Heartsaver AED Fund.
(jjj) In addition to any other transfers that may be
provided for by law, on and after July 1, 2009 and until June
30, 2010, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$17,000,000 from the General Revenue Fund to the DCFS
Children's Services Fund.
(lll) In addition to any other transfers that may be
provided for by law, on July 1, 2009, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $5,000,000 from the General
Revenue Fund to the Communications Revolving Fund.
(mmm) In addition to any other transfers that may be
provided for by law, on July 1, 2009, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $9,700,000 from the General
Revenue Fund to the Senior Citizens Real Estate Deferred Tax
Revolving Fund.
(nnn) In addition to any other transfers that may be
provided for by law, on July 1, 2009, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $565,000 from the FY09
Budget Relief Fund to the Horse Racing Fund.
(ooo) In addition to any other transfers that may be
provided by law, on July 1, 2009, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $600,000 from the General
Revenue Fund to the Temporary Relocation Expenses Revolving
Fund.
(ppp) In addition to any other transfers that may be
provided for by law, on July 1, 2010, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $5,000,000 from the General
Revenue Fund to the Digital Divide Elimination Fund.
(qqq) In addition to any other transfers that may be
provided for by law, on and after July 1, 2010 and until May 1,
2011, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
retransferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2011.
(rrr) In addition to any other transfers that may be
provided for by law, on July 1, 2010, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $6,675,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
(sss) In addition to any other transfers that may be
provided for by law, on July 1, 2010, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,400,000 from the General
Revenue Fund to the Violence Prevention Fund.
(ttt) In addition to any other transfers that may be
provided for by law, on July 1, 2010, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $100,000 from the General
Revenue Fund to the Heartsaver AED Fund.
(uuu) In addition to any other transfers that may be
provided for by law, on July 1, 2010, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $5,000,000 from the General
Revenue Fund to the Communications Revolving Fund.
(vvv) In addition to any other transfers that may be
provided for by law, on July 1, 2010, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $3,000,000 from the General
Revenue Fund to the Illinois Capital Revolving Loan Fund.
(www) In addition to any other transfers that may be
provided for by law, on July 1, 2010, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $17,000,000 from the
General Revenue Fund to the DCFS Children's Services Fund.
(xxx) In addition to any other transfers that may be
provided for by law, on July 1, 2010, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $2,000,000 from the Digital
Divide Elimination Infrastructure Fund, of which $1,000,000
shall go to the Workforce, Technology, and Economic Development
Fund and $1,000,000 to the Public Utility Fund.
(yyy) In addition to any other transfers that may be
provided for by law, on and after July 1, 2011 and until May 1,
2012, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
retransferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2012.
(zzz) In addition to any other transfers that may be
provided for by law, on July 1, 2011, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,000,000 from the General
Revenue Fund to the Illinois Veterans Assistance Fund.
(aaaa) In addition to any other transfers that may be
provided for by law, on July 1, 2011, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $8,000,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
(bbbb) In addition to any other transfers that may be
provided for by law, on July 1, 2011, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,400,000 from the General
Revenue Fund to the Violence Prevention Fund.
(cccc) In addition to any other transfers that may be
provided for by law, on July 1, 2011, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $14,100,000 from the
General Revenue Fund to the State Garage Revolving Fund.
(dddd) In addition to any other transfers that may be
provided for by law, on July 1, 2011, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $4,000,000 from the General
Revenue Fund to the Digital Divide Elimination Fund.
(eeee) In addition to any other transfers that may be
provided for by law, on July 1, 2011, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $500,000 from the General
Revenue Fund to the Senior Citizens Real Estate Deferred Tax
Revolving Fund.
(Source: P.A. 99-933, eff. 1-27-17.)
(30 ILCS 105/8g-1)
Sec. 8g-1. Fund transfers.
(a) In addition to any other transfers that may be provided
for by law, on and after July 1, 2012 and until May 1, 2013, at
the direction of and upon notification from the Governor, the
State Comptroller shall direct and the State Treasurer shall
transfer amounts not exceeding a total of $80,000,000 from the
General Revenue Fund to the Tobacco Settlement Recovery Fund.
Any amounts so transferred shall be retransferred by the State
Comptroller and the State Treasurer from the Tobacco Settlement
Recovery Fund to the General Revenue Fund at the direction of
and upon notification from the Governor, but in any event on or
before June 30, 2013.
(b) In addition to any other transfers that may be provided
for by law, on and after July 1, 2013 and until May 1, 2014, at
the direction of and upon notification from the Governor, the
State Comptroller shall direct and the State Treasurer shall
transfer amounts not exceeding a total of $80,000,000 from the
General Revenue Fund to the Tobacco Settlement Recovery Fund.
Any amounts so transferred shall be retransferred by the State
Comptroller and the State Treasurer from the Tobacco Settlement
Recovery Fund to the General Revenue Fund at the direction of
and upon notification from the Governor, but in any event on or
before June 30, 2014.
(c) In addition to any other transfers that may be provided
for by law, on July 1, 2013, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,400,000 from the General
Revenue Fund to the ICJIA Violence Prevention Fund.
(d) In addition to any other transfers that may be provided
for by law, on July 1, 2013, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,500,000 from the General
Revenue Fund to the Illinois Veterans Assistance Fund.
(e) In addition to any other transfers that may be provided
for by law, on July 1, 2013, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $500,000 from the General
Revenue Fund to the Senior Citizens Real Estate Deferred Tax
Revolving Fund.
(f) In addition to any other transfers that may be provided
for by law, on July 1, 2013, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $4,000,000 from the General
Revenue Fund to the Digital Divide Elimination Fund.
(g) In addition to any other transfers that may be provided
for by law, on July 1, 2013, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $5,000,000 from the General
Revenue Fund to the Communications Revolving Fund.
(h) In addition to any other transfers that may be provided
for by law, on July 1, 2013, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $9,800,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
(i) In addition to any other transfers that may be provided
for by law, on and after July 1, 2014 and until May 1, 2015, at
the direction of and upon notification from the Governor, the
State Comptroller shall direct and the State Treasurer shall
transfer amounts not exceeding a total of $80,000,000 from the
General Revenue Fund to the Tobacco Settlement Recovery Fund.
Any amounts so transferred shall be retransferred by the State
Comptroller and the State Treasurer from the Tobacco Settlement
Recovery Fund to the General Revenue Fund at the direction of
and upon notification from the Governor, but in any event on or
before June 30, 2015.
(j) In addition to any other transfers that may be provided
for by law, on July 1, 2014, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $10,000,000 from the
General Revenue Fund to the Presidential Library and Museum
Operating Fund.
(k) In addition to any other transfers that may be provided
for by law, as soon as practical, the State Comptroller shall
direct and the State Treasurer shall transfer the sum of
$500,000 from the General Revenue Fund to the Grant
Accountability and Transparency Fund.
(Source: P.A. 97-732, eff. 6-30-12; 98-24, eff. 6-19-13;
98-674, eff. 6-30-14.)
(30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
Sec. 13.2. Transfers among line item appropriations.
(a) Transfers among line item appropriations from the same
treasury fund for the objects specified in this Section may be
made in the manner provided in this Section when the balance
remaining in one or more such line item appropriations is
insufficient for the purpose for which the appropriation was
made.
(a-1) No transfers may be made from one agency to another
agency, nor may transfers be made from one institution of
higher education to another institution of higher education
except as provided by subsection (a-4).
(a-2) Except as otherwise provided in this Section,
transfers may be made only among the objects of expenditure
enumerated in this Section, except that no funds may be
transferred from any appropriation for personal services, from
any appropriation for State contributions to the State
Employees' Retirement System, from any separate appropriation
for employee retirement contributions paid by the employer, nor
from any appropriation for State contribution for employee
group insurance. During State fiscal year 2005, an agency may
transfer amounts among its appropriations within the same
treasury fund for personal services, employee retirement
contributions paid by employer, and State Contributions to
retirement systems; notwithstanding and in addition to the
transfers authorized in subsection (c) of this Section, the
fiscal year 2005 transfers authorized in this sentence may be
made in an amount not to exceed 2% of the aggregate amount
appropriated to an agency within the same treasury fund. During
State fiscal year 2007, the Departments of Children and Family
Services, Corrections, Human Services, and Juvenile Justice
may transfer amounts among their respective appropriations
within the same treasury fund for personal services, employee
retirement contributions paid by employer, and State
contributions to retirement systems. During State fiscal year
2010, the Department of Transportation may transfer amounts
among their respective appropriations within the same treasury
fund for personal services, employee retirement contributions
paid by employer, and State contributions to retirement
systems. During State fiscal years 2010 and 2014 only, an
agency may transfer amounts among its respective
appropriations within the same treasury fund for personal
services, employee retirement contributions paid by employer,
and State contributions to retirement systems.
Notwithstanding, and in addition to, the transfers authorized
in subsection (c) of this Section, these transfers may be made
in an amount not to exceed 2% of the aggregate amount
appropriated to an agency within the same treasury fund.
(a-2.5) During State fiscal year 2015 only, the State's
Attorneys Appellate Prosecutor may transfer amounts among its
respective appropriations contained in operational line items
within the same treasury fund. Notwithstanding, and in addition
to, the transfers authorized in subsection (c) of this Section,
these transfers may be made in an amount not to exceed 4% of
the aggregate amount appropriated to the State's Attorneys
Appellate Prosecutor within the same treasury fund.
(a-3) Further, if an agency receives a separate
appropriation for employee retirement contributions paid by
the employer, any transfer by that agency into an appropriation
for personal services must be accompanied by a corresponding
transfer into the appropriation for employee retirement
contributions paid by the employer, in an amount sufficient to
meet the employer share of the employee contributions required
to be remitted to the retirement system.
(a-4) Long-Term Care Rebalancing. The Governor may
designate amounts set aside for institutional services
appropriated from the General Revenue Fund or any other State
fund that receives monies for long-term care services to be
transferred to all State agencies responsible for the
administration of community-based long-term care programs,
including, but not limited to, community-based long-term care
programs administered by the Department of Healthcare and
Family Services, the Department of Human Services, and the
Department on Aging, provided that the Director of Healthcare
and Family Services first certifies that the amounts being
transferred are necessary for the purpose of assisting persons
in or at risk of being in institutional care to transition to
community-based settings, including the financial data needed
to prove the need for the transfer of funds. The total amounts
transferred shall not exceed 4% in total of the amounts
appropriated from the General Revenue Fund or any other State
fund that receives monies for long-term care services for each
fiscal year. A notice of the fund transfer must be made to the
General Assembly and posted at a minimum on the Department of
Healthcare and Family Services website, the Governor's Office
of Management and Budget website, and any other website the
Governor sees fit. These postings shall serve as notice to the
General Assembly of the amounts to be transferred. Notice shall
be given at least 30 days prior to transfer.
(b) In addition to the general transfer authority provided
under subsection (c), the following agencies have the specific
transfer authority granted in this subsection:
The Department of Healthcare and Family Services is
authorized to make transfers representing savings attributable
to not increasing grants due to the births of additional
children from line items for payments of cash grants to line
items for payments for employment and social services for the
purposes outlined in subsection (f) of Section 4-2 of the
Illinois Public Aid Code.
The Department of Children and Family Services is
authorized to make transfers not exceeding 2% of the aggregate
amount appropriated to it within the same treasury fund for the
following line items among these same line items: Foster Home
and Specialized Foster Care and Prevention, Institutions and
Group Homes and Prevention, and Purchase of Adoption and
Guardianship Services.
The Department on Aging is authorized to make transfers not
exceeding 2% of the aggregate amount appropriated to it within
the same treasury fund for the following Community Care Program
line items among these same line items: purchase of services
covered by the Community Care Program and Comprehensive Case
Coordination.
The State Treasurer is authorized to make transfers among
line item appropriations from the Capital Litigation Trust
Fund, with respect to costs incurred in fiscal years 2002 and
2003 only, when the balance remaining in one or more such line
item appropriations is insufficient for the purpose for which
the appropriation was made, provided that no such transfer may
be made unless the amount transferred is no longer required for
the purpose for which that appropriation was made.
The State Board of Education is authorized to make
transfers from line item appropriations within the same
treasury fund for General State Aid and General State Aid -
Hold Harmless, provided that no such transfer may be made
unless the amount transferred is no longer required for the
purpose for which that appropriation was made, to the line item
appropriation for Transitional Assistance when the balance
remaining in such line item appropriation is insufficient for
the purpose for which the appropriation was made.
The State Board of Education is authorized to make
transfers between the following line item appropriations
within the same treasury fund: Disabled Student
Services/Materials (Section 14-13.01 of the School Code),
Disabled Student Transportation Reimbursement (Section
14-13.01 of the School Code), Disabled Student Tuition -
Private Tuition (Section 14-7.02 of the School Code),
Extraordinary Special Education (Section 14-7.02b of the
School Code), Reimbursement for Free Lunch/Breakfast Program,
Summer School Payments (Section 18-4.3 of the School Code), and
Transportation - Regular/Vocational Reimbursement (Section
29-5 of the School Code). Such transfers shall be made only
when the balance remaining in one or more such line item
appropriations is insufficient for the purpose for which the
appropriation was made and provided that no such transfer may
be made unless the amount transferred is no longer required for
the purpose for which that appropriation was made.
The Department of Healthcare and Family Services is
authorized to make transfers not exceeding 4% of the aggregate
amount appropriated to it, within the same treasury fund, among
the various line items appropriated for Medical Assistance.
(c) The sum of such transfers for an agency in a fiscal
year shall not exceed 2% of the aggregate amount appropriated
to it within the same treasury fund for the following objects:
Personal Services; Extra Help; Student and Inmate
Compensation; State Contributions to Retirement Systems; State
Contributions to Social Security; State Contribution for
Employee Group Insurance; Contractual Services; Travel;
Commodities; Printing; Equipment; Electronic Data Processing;
Operation of Automotive Equipment; Telecommunications
Services; Travel and Allowance for Committed, Paroled and
Discharged Prisoners; Library Books; Federal Matching Grants
for Student Loans; Refunds; Workers' Compensation,
Occupational Disease, and Tort Claims; and, in appropriations
to institutions of higher education, Awards and Grants.
Notwithstanding the above, any amounts appropriated for
payment of workers' compensation claims to an agency to which
the authority to evaluate, administer and pay such claims has
been delegated by the Department of Central Management Services
may be transferred to any other expenditure object where such
amounts exceed the amount necessary for the payment of such
claims.
(c-1) Special provisions for State fiscal year 2003.
Notwithstanding any other provision of this Section to the
contrary, for State fiscal year 2003 only, transfers among line
item appropriations to an agency from the same treasury fund
may be made provided that the sum of such transfers for an
agency in State fiscal year 2003 shall not exceed 3% of the
aggregate amount appropriated to that State agency for State
fiscal year 2003 for the following objects: personal services,
except that no transfer may be approved which reduces the
aggregate appropriations for personal services within an
agency; extra help; student and inmate compensation; State
contributions to retirement systems; State contributions to
social security; State contributions for employee group
insurance; contractual services; travel; commodities;
printing; equipment; electronic data processing; operation of
automotive equipment; telecommunications services; travel and
allowance for committed, paroled, and discharged prisoners;
library books; federal matching grants for student loans;
refunds; workers' compensation, occupational disease, and tort
claims; and, in appropriations to institutions of higher
education, awards and grants.
(c-2) Special provisions for State fiscal year 2005.
Notwithstanding subsections (a), (a-2), and (c), for State
fiscal year 2005 only, transfers may be made among any line
item appropriations from the same or any other treasury fund
for any objects or purposes, without limitation, when the
balance remaining in one or more such line item appropriations
is insufficient for the purpose for which the appropriation was
made, provided that the sum of those transfers by a State
agency shall not exceed 4% of the aggregate amount appropriated
to that State agency for fiscal year 2005.
(c-3) Special provisions for State fiscal year 2015.
Notwithstanding any other provision of this Section, for State
fiscal year 2015, transfers among line item appropriations to a
State agency from the same State treasury fund may be made for
operational or lump sum expenses only, provided that the sum of
such transfers for a State agency in State fiscal year 2015
shall not exceed 4% of the aggregate amount appropriated to
that State agency for operational or lump sum expenses for
State fiscal year 2015. For the purpose of this subsection,
"operational or lump sum expenses" includes the following
objects: personal services; extra help; student and inmate
compensation; State contributions to retirement systems; State
contributions to social security; State contributions for
employee group insurance; contractual services; travel;
commodities; printing; equipment; electronic data processing;
operation of automotive equipment; telecommunications
services; travel and allowance for committed, paroled, and
discharged prisoners; library books; federal matching grants
for student loans; refunds; workers' compensation,
occupational disease, and tort claims; lump sum and other
purposes; and lump sum operations. For the purpose of this
subsection (c-3), "State agency" does not include the Attorney
General, the Secretary of State, the Comptroller, the
Treasurer, or the legislative or judicial branches.
(c-4) Special provisions for State fiscal year 2018.
Notwithstanding any other provision of this Section, for State
fiscal year 2018, transfers among line item appropriations to a
State agency from the same State treasury fund may be made for
operational or lump sum expenses only, provided that the sum of
such transfers for a State agency in State fiscal year 2018
shall not exceed 4% of the aggregate amount appropriated to
that State agency for operational or lump sum expenses for
State fiscal year 2018. For the purpose of this subsection
(c-4), "operational or lump sum expenses" includes the
following objects: personal services; extra help; student and
inmate compensation; State contributions to retirement
systems; State contributions to social security; State
contributions for employee group insurance; contractual
services; travel; commodities; printing; equipment; electronic
data processing; operation of automotive equipment;
telecommunications services; travel and allowance for
committed, paroled, and discharged prisoners; library books;
federal matching grants for student loans; refunds; workers'
compensation, occupational disease, and tort claims; lump sum
and other purposes; and lump sum operations. For the purpose of
this subsection (c-4), "State agency" does not include the
Attorney General, the Secretary of State, the Comptroller, the
Treasurer, or the legislative or judicial branches.
(d) Transfers among appropriations made to agencies of the
Legislative and Judicial departments and to the
constitutionally elected officers in the Executive branch
require the approval of the officer authorized in Section 10 of
this Act to approve and certify vouchers. Transfers among
appropriations made to the University of Illinois, Southern
Illinois University, Chicago State University, Eastern
Illinois University, Governors State University, Illinois
State University, Northeastern Illinois University, Northern
Illinois University, Western Illinois University, the Illinois
Mathematics and Science Academy and the Board of Higher
Education require the approval of the Board of Higher Education
and the Governor. Transfers among appropriations to all other
agencies require the approval of the Governor.
The officer responsible for approval shall certify that the
transfer is necessary to carry out the programs and purposes
for which the appropriations were made by the General Assembly
and shall transmit to the State Comptroller a certified copy of
the approval which shall set forth the specific amounts
transferred so that the Comptroller may change his records
accordingly. The Comptroller shall furnish the Governor with
information copies of all transfers approved for agencies of
the Legislative and Judicial departments and transfers
approved by the constitutionally elected officials of the
Executive branch other than the Governor, showing the amounts
transferred and indicating the dates such changes were entered
on the Comptroller's records.
(e) The State Board of Education, in consultation with the
State Comptroller, may transfer line item appropriations for
General State Aid between the Common School Fund and the
Education Assistance Fund. With the advice and consent of the
Governor's Office of Management and Budget, the State Board of
Education, in consultation with the State Comptroller, may
transfer line item appropriations between the General Revenue
Fund and the Education Assistance Fund for the following
programs:
(1) Disabled Student Personnel Reimbursement (Section
14-13.01 of the School Code);
(2) Disabled Student Transportation Reimbursement
(subsection (b) of Section 14-13.01 of the School Code);
(3) Disabled Student Tuition - Private Tuition
(Section 14-7.02 of the School Code);
(4) Extraordinary Special Education (Section 14-7.02b
of the School Code);
(5) Reimbursement for Free Lunch/Breakfast Programs;
(6) Summer School Payments (Section 18-4.3 of the
School Code);
(7) Transportation - Regular/Vocational Reimbursement
(Section 29-5 of the School Code);
(8) Regular Education Reimbursement (Section 18-3 of
the School Code); and
(9) Special Education Reimbursement (Section 14-7.03
of the School Code).
(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; 99-2,
eff. 3-26-15.)
Section 5-15. The State Revenue Sharing Act is amended by
changing Section 12 as follows:
(30 ILCS 115/12) (from Ch. 85, par. 616)
Sec. 12. Personal Property Tax Replacement Fund. There is
hereby created the Personal Property Tax Replacement Fund, a
special fund in the State Treasury into which shall be paid all
revenue realized:
(a) all amounts realized from the additional personal
property tax replacement income tax imposed by subsections (c)
and (d) of Section 201 of the Illinois Income Tax Act, except
for those amounts deposited into the Income Tax Refund Fund
pursuant to subsection (c) of Section 901 of the Illinois
Income Tax Act; and
(b) all amounts realized from the additional personal
property replacement invested capital taxes imposed by Section
2a.1 of the Messages Tax Act, Section 2a.1 of the Gas Revenue
Tax Act, Section 2a.1 of the Public Utilities Revenue Act, and
Section 3 of the Water Company Invested Capital Tax Act, and
amounts payable to the Department of Revenue under the
Telecommunications Infrastructure Maintenance Fee Act.
As soon as may be after the end of each month, the
Department of Revenue shall certify to the Treasurer and the
Comptroller the amount of all refunds paid out of the General
Revenue Fund through the preceding month on account of
overpayment of liability on taxes paid into the Personal
Property Tax Replacement Fund. Upon receipt of such
certification, the Treasurer and the Comptroller shall
transfer the amount so certified from the Personal Property Tax
Replacement Fund into the General Revenue Fund.
The payments of revenue into the Personal Property Tax
Replacement Fund shall be used exclusively for distribution to
taxing districts, regional offices and officials, and local
officials as provided in this Section and in the School Code,
payment of the ordinary and contingent expenses of the Property
Tax Appeal Board, payment of the expenses of the Department of
Revenue incurred in administering the collection and
distribution of monies paid into the Personal Property Tax
Replacement Fund and transfers due to refunds to taxpayers for
overpayment of liability for taxes paid into the Personal
Property Tax Replacement Fund.
In addition, moneys in the Personal Property Tax
Replacement Fund may be used to pay any of the following: (i)
salary, stipends, and additional compensation as provided by
law for chief election clerks, county clerks, and county
recorders; (ii) costs associated with regional offices of
education and educational service centers; (iii)
reimbursements payable by the State Board of Elections under
Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the
Election Code; (iv) expenses of the Illinois Educational Labor
Relations Board; and (v) salary, personal services, and
additional compensation as provided by law for court reporters
under the Court Reporters Act.
As soon as may be after the effective date of this
amendatory Act of 1980, the Department of Revenue shall certify
to the Treasurer the amount of net replacement revenue paid
into the General Revenue Fund prior to that effective date from
the additional tax imposed by Section 2a.1 of the Messages Tax
Act; Section 2a.1 of the Gas Revenue Tax Act; Section 2a.1 of
the Public Utilities Revenue Act; Section 3 of the Water
Company Invested Capital Tax Act; amounts collected by the
Department of Revenue under the Telecommunications
Infrastructure Maintenance Fee Act; and the additional
personal property tax replacement income tax imposed by the
Illinois Income Tax Act, as amended by Public Act 81-1st
Special Session-1. Net replacement revenue shall be defined as
the total amount paid into and remaining in the General Revenue
Fund as a result of those Acts minus the amount outstanding and
obligated from the General Revenue Fund in state vouchers or
warrants prior to the effective date of this amendatory Act of
1980 as refunds to taxpayers for overpayment of liability under
those Acts.
All interest earned by monies accumulated in the Personal
Property Tax Replacement Fund shall be deposited in such Fund.
All amounts allocated pursuant to this Section are appropriated
on a continuing basis.
Prior to December 31, 1980, as soon as may be after the end
of each quarter beginning with the quarter ending December 31,
1979, and on and after December 31, 1980, as soon as may be
after January 1, March 1, April 1, May 1, July 1, August 1,
October 1 and December 1 of each year, the Department of
Revenue shall allocate to each taxing district as defined in
Section 1-150 of the Property Tax Code, in accordance with the
provisions of paragraph (2) of this Section the portion of the
funds held in the Personal Property Tax Replacement Fund which
is required to be distributed, as provided in paragraph (1),
for each quarter. Provided, however, under no circumstances
shall any taxing district during each of the first two years of
distribution of the taxes imposed by this amendatory Act of
1979 be entitled to an annual allocation which is less than the
funds such taxing district collected from the 1978 personal
property tax. Provided further that under no circumstances
shall any taxing district during the third year of distribution
of the taxes imposed by this amendatory Act of 1979 receive
less than 60% of the funds such taxing district collected from
the 1978 personal property tax. In the event that the total of
the allocations made as above provided for all taxing
districts, during either of such 3 years, exceeds the amount
available for distribution the allocation of each taxing
district shall be proportionately reduced. Except as provided
in Section 13 of this Act, the Department shall then certify,
pursuant to appropriation, such allocations to the State
Comptroller who shall pay over to the several taxing districts
the respective amounts allocated to them.
Any township which receives an allocation based in whole or
in part upon personal property taxes which it levied pursuant
to Section 6-507 or 6-512 of the Illinois Highway Code and
which was previously required to be paid over to a municipality
shall immediately pay over to that municipality a proportionate
share of the personal property replacement funds which such
township receives.
Any municipality or township, other than a municipality
with a population in excess of 500,000, which receives an
allocation based in whole or in part on personal property taxes
which it levied pursuant to Sections 3-1, 3-4 and 3-6 of the
Illinois Local Library Act and which was previously required to
be paid over to a public library shall immediately pay over to
that library a proportionate share of the personal property tax
replacement funds which such municipality or township
receives; provided that if such a public library has converted
to a library organized under The Illinois Public Library
District Act, regardless of whether such conversion has
occurred on, after or before January 1, 1988, such
proportionate share shall be immediately paid over to the
library district which maintains and operates the library.
However, any library that has converted prior to January 1,
1988, and which hitherto has not received the personal property
tax replacement funds, shall receive such funds commencing on
January 1, 1988.
Any township which receives an allocation based in whole or
in part on personal property taxes which it levied pursuant to
Section 1c of the Public Graveyards Act and which taxes were
previously required to be paid over to or used for such public
cemetery or cemeteries shall immediately pay over to or use for
such public cemetery or cemeteries a proportionate share of the
personal property tax replacement funds which the township
receives.
Any taxing district which receives an allocation based in
whole or in part upon personal property taxes which it levied
for another governmental body or school district in Cook County
in 1976 or for another governmental body or school district in
the remainder of the State in 1977 shall immediately pay over
to that governmental body or school district the amount of
personal property replacement funds which such governmental
body or school district would receive directly under the
provisions of paragraph (2) of this Section, had it levied its
own taxes.
(1) The portion of the Personal Property Tax
Replacement Fund required to be distributed as of the time
allocation is required to be made shall be the amount
available in such Fund as of the time allocation is
required to be made.
The amount available for distribution shall be the
total amount in the fund at such time minus the necessary
administrative and other authorized expenses as limited by
the appropriation and the amount determined by: (a) $2.8
million for fiscal year 1981; (b) for fiscal year 1982,
.54% of the funds distributed from the fund during the
preceding fiscal year; (c) for fiscal year 1983 through
fiscal year 1988, .54% of the funds distributed from the
fund during the preceding fiscal year less .02% of such
fund for fiscal year 1983 and less .02% of such funds for
each fiscal year thereafter; (d) for fiscal year 1989
through fiscal year 2011 no more than 105% of the actual
administrative expenses of the prior fiscal year; (e) for
fiscal year 2012 and beyond, a sufficient amount to pay (i)
stipends, additional compensation, salary reimbursements,
and other amounts directed to be paid out of this Fund for
local officials as authorized or required by statute and
(ii) no more than 105% of the actual administrative
expenses of the prior fiscal year, including payment of the
ordinary and contingent expenses of the Property Tax Appeal
Board and payment of the expenses of the Department of
Revenue incurred in administering the collection and
distribution of moneys paid into the Fund; or (f) for
fiscal years 2012 and 2013 only, a sufficient amount to pay
stipends, additional compensation, salary reimbursements,
and other amounts directed to be paid out of this Fund for
regional offices and officials as authorized or required by
statute; or (g) for fiscal year 2018 only, a sufficient
amount to pay amounts directed to be paid out of this Fund
for public community college base operating grants and
local health protection grants to certified local health
departments as authorized or required by appropriation or
statute. Such portion of the fund shall be determined after
the transfer into the General Revenue Fund due to refunds,
if any, paid from the General Revenue Fund during the
preceding quarter. If at any time, for any reason, there is
insufficient amount in the Personal Property Tax
Replacement Fund for payments for regional offices and
officials or local officials or payment of costs of
administration or for transfers due to refunds at the end
of any particular month, the amount of such insufficiency
shall be carried over for the purposes of payments for
regional offices and officials, local officials, transfers
into the General Revenue Fund, and costs of administration
to the following month or months. Net replacement revenue
held, and defined above, shall be transferred by the
Treasurer and Comptroller to the Personal Property Tax
Replacement Fund within 10 days of such certification.
(2) Each quarterly allocation shall first be
apportioned in the following manner: 51.65% for taxing
districts in Cook County and 48.35% for taxing districts in
the remainder of the State.
The Personal Property Replacement Ratio of each taxing
district outside Cook County shall be the ratio which the Tax
Base of that taxing district bears to the Downstate Tax Base.
The Tax Base of each taxing district outside of Cook County is
the personal property tax collections for that taxing district
for the 1977 tax year. The Downstate Tax Base is the personal
property tax collections for all taxing districts in the State
outside of Cook County for the 1977 tax year. The Department of
Revenue shall have authority to review for accuracy and
completeness the personal property tax collections for each
taxing district outside Cook County for the 1977 tax year.
The Personal Property Replacement Ratio of each Cook County
taxing district shall be the ratio which the Tax Base of that
taxing district bears to the Cook County Tax Base. The Tax Base
of each Cook County taxing district is the personal property
tax collections for that taxing district for the 1976 tax year.
The Cook County Tax Base is the personal property tax
collections for all taxing districts in Cook County for the
1976 tax year. The Department of Revenue shall have authority
to review for accuracy and completeness the personal property
tax collections for each taxing district within Cook County for
the 1976 tax year.
For all purposes of this Section 12, amounts paid to a
taxing district for such tax years as may be applicable by a
foreign corporation under the provisions of Section 7-202 of
the Public Utilities Act, as amended, shall be deemed to be
personal property taxes collected by such taxing district for
such tax years as may be applicable. The Director shall
determine from the Illinois Commerce Commission, for any tax
year as may be applicable, the amounts so paid by any such
foreign corporation to any and all taxing districts. The
Illinois Commerce Commission shall furnish such information to
the Director. For all purposes of this Section 12, the Director
shall deem such amounts to be collected personal property taxes
of each such taxing district for the applicable tax year or
years.
Taxing districts located both in Cook County and in one or
more other counties shall receive both a Cook County allocation
and a Downstate allocation determined in the same way as all
other taxing districts.
If any taxing district in existence on July 1, 1979 ceases
to exist, or discontinues its operations, its Tax Base shall
thereafter be deemed to be zero. If the powers, duties and
obligations of the discontinued taxing district are assumed by
another taxing district, the Tax Base of the discontinued
taxing district shall be added to the Tax Base of the taxing
district assuming such powers, duties and obligations.
If two or more taxing districts in existence on July 1,
1979, or a successor or successors thereto shall consolidate
into one taxing district, the Tax Base of such consolidated
taxing district shall be the sum of the Tax Bases of each of
the taxing districts which have consolidated.
If a single taxing district in existence on July 1, 1979,
or a successor or successors thereto shall be divided into two
or more separate taxing districts, the tax base of the taxing
district so divided shall be allocated to each of the resulting
taxing districts in proportion to the then current equalized
assessed value of each resulting taxing district.
If a portion of the territory of a taxing district is
disconnected and annexed to another taxing district of the same
type, the Tax Base of the taxing district from which
disconnection was made shall be reduced in proportion to the
then current equalized assessed value of the disconnected
territory as compared with the then current equalized assessed
value within the entire territory of the taxing district prior
to disconnection, and the amount of such reduction shall be
added to the Tax Base of the taxing district to which
annexation is made.
If a community college district is created after July 1,
1979, beginning on the effective date of this amendatory Act of
1995, its Tax Base shall be 3.5% of the sum of the personal
property tax collected for the 1977 tax year within the
territorial jurisdiction of the district.
The amounts allocated and paid to taxing districts pursuant
to the provisions of this amendatory Act of 1979 shall be
deemed to be substitute revenues for the revenues derived from
taxes imposed on personal property pursuant to the provisions
of the "Revenue Act of 1939" or "An Act for the assessment and
taxation of private car line companies", approved July 22,
1943, as amended, or Section 414 of the Illinois Insurance
Code, prior to the abolition of such taxes and shall be used
for the same purposes as the revenues derived from ad valorem
taxes on real estate.
Monies received by any taxing districts from the Personal
Property Tax Replacement Fund shall be first applied toward
payment of the proportionate amount of debt service which was
previously levied and collected from extensions against
personal property on bonds outstanding as of December 31, 1978
and next applied toward payment of the proportionate share of
the pension or retirement obligations of the taxing district
which were previously levied and collected from extensions
against personal property. For each such outstanding bond
issue, the County Clerk shall determine the percentage of the
debt service which was collected from extensions against real
estate in the taxing district for 1978 taxes payable in 1979,
as related to the total amount of such levies and collections
from extensions against both real and personal property. For
1979 and subsequent years' taxes, the County Clerk shall levy
and extend taxes against the real estate of each taxing
district which will yield the said percentage or percentages of
the debt service on such outstanding bonds. The balance of the
amount necessary to fully pay such debt service shall
constitute a first and prior lien upon the monies received by
each such taxing district through the Personal Property Tax
Replacement Fund and shall be first applied or set aside for
such purpose. In counties having fewer than 3,000,000
inhabitants, the amendments to this paragraph as made by this
amendatory Act of 1980 shall be first applicable to 1980 taxes
to be collected in 1981.
(Source: P.A. 97-72, eff. 7-1-11; 97-619, eff. 11-14-11;
97-732, eff. 6-30-12; 98-24, eff. 6-19-13; 98-674, eff.
6-30-14.)
Section 5-20. The General Obligation Bond Act is amended by
changing Section 15 as follows:
(30 ILCS 330/15) (from Ch. 127, par. 665)
Sec. 15. Computation of Principal and Interest; transfers.
(a) Upon each delivery of Bonds authorized to be issued
under this Act, the Comptroller shall compute and certify to
the Treasurer the total amount of principal of, interest on,
and premium, if any, on Bonds issued that will be payable in
order to retire such Bonds, the amount of principal of,
interest on and premium, if any, on such Bonds that will be
payable on each payment date according to the tenor of such
Bonds during the then current and each succeeding fiscal year,
and the amount of sinking fund payments needed to be deposited
in connection with Qualified School Construction Bonds
authorized by subsection (e) of Section 9. With respect to the
interest payable on variable rate bonds, such certifications
shall be calculated at the maximum rate of interest that may be
payable during the fiscal year, after taking into account any
credits permitted in the related indenture or other instrument
against the amount of such interest required to be appropriated
for such period pursuant to subsection (c) of Section 14 of
this Act. With respect to the interest payable, such
certifications shall include the amounts certified by the
Director of the Governor's Office of Management and Budget
under subsection (b) of Section 9 of this Act.
On or before the last day of each month the State Treasurer
and Comptroller shall transfer from (1) the Road Fund with
respect to Bonds issued under paragraph (a) of Section 4 of
this Act, or Bonds issued under authorization in Public Act
98-781, or Bonds issued for the purpose of refunding such
bonds, and from (2) the General Revenue Fund, with respect to
all other Bonds issued under this Act, to the General
Obligation Bond Retirement and Interest Fund an amount
sufficient to pay the aggregate of the principal of, interest
on, and premium, if any, on Bonds payable, by their terms on
the next payment date divided by the number of full calendar
months between the date of such Bonds and the first such
payment date, and thereafter, divided by the number of months
between each succeeding payment date after the first. Such
computations and transfers shall be made for each series of
Bonds issued and delivered. Interest payable on variable rate
bonds shall be calculated at the maximum rate of interest that
may be payable for the relevant period, after taking into
account any credits permitted in the related indenture or other
instrument against the amount of such interest required to be
appropriated for such period pursuant to subsection (c) of
Section 14 of this Act. Computations of interest shall include
the amounts certified by the Director of the Governor's Office
of Management and Budget under subsection (b) of Section 9 of
this Act. Interest for which moneys have already been deposited
into the capitalized interest account within the General
Obligation Bond Retirement and Interest Fund shall not be
included in the calculation of the amounts to be transferred
under this subsection. Notwithstanding any other provision in
this Section, the transfer provisions provided in this
paragraph shall not apply to transfers made in fiscal year 2010
or fiscal year 2011 with respect to Bonds issued in fiscal year
2010 or fiscal year 2011 pursuant to Section 7.2 of this Act.
In the case of transfers made in fiscal year 2010 or fiscal
year 2011 with respect to the Bonds issued in fiscal year 2010
or fiscal year 2011 pursuant to Section 7.2 of this Act, on or
before the 15th day of the month prior to the required debt
service payment, the State Treasurer and Comptroller shall
transfer from the General Revenue Fund to the General
Obligation Bond Retirement and Interest Fund an amount
sufficient to pay the aggregate of the principal of, interest
on, and premium, if any, on the Bonds payable in that next
month.
The transfer of monies herein and above directed is not
required if monies in the General Obligation Bond Retirement
and Interest Fund are more than the amount otherwise to be
transferred as herein above provided, and if the Governor or
his authorized representative notifies the State Treasurer and
Comptroller of such fact in writing.
(b) After the effective date of this Act, the balance of,
and monies directed to be included in the Capital Development
Bond Retirement and Interest Fund, Anti-Pollution Bond
Retirement and Interest Fund, Transportation Bond, Series A
Retirement and Interest Fund, Transportation Bond, Series B
Retirement and Interest Fund, and Coal Development Bond
Retirement and Interest Fund shall be transferred to and
deposited in the General Obligation Bond Retirement and
Interest Fund. This Fund shall be used to make debt service
payments on the State's general obligation Bonds heretofore
issued which are now outstanding and payable from the Funds
herein listed as well as on Bonds issued under this Act.
(c) The unused portion of federal funds received for a
capital facilities project, as authorized by Section 3 of this
Act, for which monies from the Capital Development Fund have
been expended shall remain in the Capital Development Board
Contributory Trust Fund and shall be used for capital projects
and for no other purpose, subject to appropriation and as
directed by the Capital Development Board. Any federal funds
received as reimbursement for the completed construction of a
capital facilities project, as authorized by Section 3 of this
Act, for which monies from the Capital Development Fund have
been expended shall be deposited in the General Obligation Bond
Retirement and Interest Fund.
(Source: P.A. 98-245, eff. 1-1-14.)
Section 5-25. The State Prompt Payment Act is amended by
adding Section 3-5 as follows:
(30 ILCS 540/3-5 new)
Sec. 3-5. Budget Stabilization Fund; insufficient
appropriation. If an agency incurs an interest liability under
this Act that is ordinarily payable from the Budget
Stabilization Fund, but the agency has insufficient
appropriation authority from the Budget Stabilization Fund to
make the interest payment at the time the interest payment is
due, the agency is authorized to pay the interest from its
available appropriations from the General Revenue Fund.
Section 5-30. The Illinois Income Tax Act is amended by
changing Section 901 as follows:
(35 ILCS 5/901) (from Ch. 120, par. 9-901)
Sec. 901. Collection authority.
(a) In general.
The Department shall collect the taxes imposed by this Act.
The Department shall collect certified past due child support
amounts under Section 2505-650 of the Department of Revenue Law
(20 ILCS 2505/2505-650). Except as provided in subsections (b),
(c), (e), (f), (g), and (h) of this Section, money collected
pursuant to subsections (a) and (b) of Section 201 of this Act
shall be paid into the General Revenue Fund in the State
treasury; money collected pursuant to subsections (c) and (d)
of Section 201 of this Act shall be paid into the Personal
Property Tax Replacement Fund, a special fund in the State
Treasury; and money collected under Section 2505-650 of the
Department of Revenue Law (20 ILCS 2505/2505-650) shall be paid
into the Child Support Enforcement Trust Fund, a special fund
outside the State Treasury, or to the State Disbursement Unit
established under Section 10-26 of the Illinois Public Aid
Code, as directed by the Department of Healthcare and Family
Services.
(b) Local Government Distributive Fund.
Beginning August 1, 1969, and continuing through June 30,
1994, the Treasurer shall transfer each month from the General
Revenue Fund to a special fund in the State treasury, to be
known as the "Local Government Distributive Fund", an amount
equal to 1/12 of the net revenue realized from the tax imposed
by subsections (a) and (b) of Section 201 of this Act during
the preceding month. Beginning July 1, 1994, and continuing
through June 30, 1995, the Treasurer shall transfer each month
from the General Revenue Fund to the Local Government
Distributive Fund an amount equal to 1/11 of the net revenue
realized from the tax imposed by subsections (a) and (b) of
Section 201 of this Act during the preceding month. Beginning
July 1, 1995 and continuing through January 31, 2011, the
Treasurer shall transfer each month from the General Revenue
Fund to the Local Government Distributive Fund an amount equal
to the net of (i) 1/10 of the net revenue realized from the tax
imposed by subsections (a) and (b) of Section 201 of the
Illinois Income Tax Act during the preceding month (ii) minus,
beginning July 1, 2003 and ending June 30, 2004, $6,666,666,
and beginning July 1, 2004, zero. Beginning February 1, 2011,
and continuing through January 31, 2015, the Treasurer shall
transfer each month from the General Revenue Fund to the Local
Government Distributive Fund an amount equal to the sum of (i)
6% (10% of the ratio of the 3% individual income tax rate prior
to 2011 to the 5% individual income tax rate after 2010) of the
net revenue realized from the tax imposed by subsections (a)
and (b) of Section 201 of this Act upon individuals, trusts,
and estates during the preceding month and (ii) 6.86% (10% of
the ratio of the 4.8% corporate income tax rate prior to 2011
to the 7% corporate income tax rate after 2010) of the net
revenue realized from the tax imposed by subsections (a) and
(b) of Section 201 of this Act upon corporations during the
preceding month. Beginning February 1, 2015 and continuing
through January 31, 2025, the Treasurer shall transfer each
month from the General Revenue Fund to the Local Government
Distributive Fund an amount equal to the sum of (i) 8% (10% of
the ratio of the 3% individual income tax rate prior to 2011 to
the 3.75% individual income tax rate after 2014) of the net
revenue realized from the tax imposed by subsections (a) and
(b) of Section 201 of this Act upon individuals, trusts, and
estates during the preceding month and (ii) 9.14% (10% of the
ratio of the 4.8% corporate income tax rate prior to 2011 to
the 5.25% corporate income tax rate after 2014) of the net
revenue realized from the tax imposed by subsections (a) and
(b) of Section 201 of this Act upon corporations during the
preceding month. Beginning February 1, 2025, the Treasurer
shall transfer each month from the General Revenue Fund to the
Local Government Distributive Fund an amount equal to the sum
of (i) 9.23% (10% of the ratio of the 3% individual income tax
rate prior to 2011 to the 3.25% individual income tax rate
after 2024) of the net revenue realized from the tax imposed by
subsections (a) and (b) of Section 201 of this Act upon
individuals, trusts, and estates during the preceding month and
(ii) 10% of the net revenue realized from the tax imposed by
subsections (a) and (b) of Section 201 of this Act upon
corporations during the preceding month. Net revenue realized
for a month shall be defined as the revenue from the tax
imposed by subsections (a) and (b) of Section 201 of this Act
which is deposited in the General Revenue Fund, the Education
Assistance Fund, the Income Tax Surcharge Local Government
Distributive Fund, the Fund for the Advancement of Education,
and the Commitment to Human Services Fund during the month
minus the amount paid out of the General Revenue Fund in State
warrants during that same month as refunds to taxpayers for
overpayment of liability under the tax imposed by subsections
(a) and (b) of Section 201 of this Act.
Notwithstanding any provision of law to the contrary,
beginning on the effective date of this amendatory Act of the
100th General Assembly, those amounts required under this
subsection (b) to be transferred by the Treasurer into the
Local Government Distributive Fund from the General Revenue
Fund shall be directly deposited into the Local Government
Distributive Fund as the revenue is realized from the tax
imposed by subsections (a) and (b) of Section 201 of this Act.
For State fiscal year 2018 only, notwithstanding any
provision of law to the contrary, the total amount of revenue
and deposits under this Section attributable to revenues
realized during State fiscal year 2018 shall be reduced by 10%.
Beginning on August 26, 2014 (the effective date of Public
Act 98-1052), the Comptroller shall perform the transfers
required by this subsection (b) no later than 60 days after he
or she receives the certification from the Treasurer as
provided in Section 1 of the State Revenue Sharing Act.
(c) Deposits Into Income Tax Refund Fund.
(1) Beginning on January 1, 1989 and thereafter, the
Department shall deposit a percentage of the amounts
collected pursuant to subsections (a) and (b)(1), (2), and
(3), of Section 201 of this Act into a fund in the State
treasury known as the Income Tax Refund Fund. The
Department shall deposit 6% of such amounts during the
period beginning January 1, 1989 and ending on June 30,
1989. Beginning with State fiscal year 1990 and for each
fiscal year thereafter, the percentage deposited into the
Income Tax Refund Fund during a fiscal year shall be the
Annual Percentage. For fiscal years 1999 through 2001, the
Annual Percentage shall be 7.1%. For fiscal year 2003, the
Annual Percentage shall be 8%. For fiscal year 2004, the
Annual Percentage shall be 11.7%. Upon the effective date
of this amendatory Act of the 93rd General Assembly, the
Annual Percentage shall be 10% for fiscal year 2005. For
fiscal year 2006, the Annual Percentage shall be 9.75%. For
fiscal year 2007, the Annual Percentage shall be 9.75%. For
fiscal year 2008, the Annual Percentage shall be 7.75%. For
fiscal year 2009, the Annual Percentage shall be 9.75%. For
fiscal year 2010, the Annual Percentage shall be 9.75%. For
fiscal year 2011, the Annual Percentage shall be 8.75%. For
fiscal year 2012, the Annual Percentage shall be 8.75%. For
fiscal year 2013, the Annual Percentage shall be 9.75%. For
fiscal year 2014, the Annual Percentage shall be 9.5%. For
fiscal year 2015, the Annual Percentage shall be 10%. For
fiscal year 2018, the Annual Percentage shall be 9.8%. For
all other fiscal years, the Annual Percentage shall be
calculated as a fraction, the numerator of which shall be
the amount of refunds approved for payment by the
Department during the preceding fiscal year as a result of
overpayment of tax liability under subsections (a) and
(b)(1), (2), and (3) of Section 201 of this Act plus the
amount of such refunds remaining approved but unpaid at the
end of the preceding fiscal year, minus the amounts
transferred into the Income Tax Refund Fund from the
Tobacco Settlement Recovery Fund, and the denominator of
which shall be the amounts which will be collected pursuant
to subsections (a) and (b)(1), (2), and (3) of Section 201
of this Act during the preceding fiscal year; except that
in State fiscal year 2002, the Annual Percentage shall in
no event exceed 7.6%. The Director of Revenue shall certify
the Annual Percentage to the Comptroller on the last
business day of the fiscal year immediately preceding the
fiscal year for which it is to be effective.
(2) Beginning on January 1, 1989 and thereafter, the
Department shall deposit a percentage of the amounts
collected pursuant to subsections (a) and (b)(6), (7), and
(8), (c) and (d) of Section 201 of this Act into a fund in
the State treasury known as the Income Tax Refund Fund. The
Department shall deposit 18% of such amounts during the
period beginning January 1, 1989 and ending on June 30,
1989. Beginning with State fiscal year 1990 and for each
fiscal year thereafter, the percentage deposited into the
Income Tax Refund Fund during a fiscal year shall be the
Annual Percentage. For fiscal years 1999, 2000, and 2001,
the Annual Percentage shall be 19%. For fiscal year 2003,
the Annual Percentage shall be 27%. For fiscal year 2004,
the Annual Percentage shall be 32%. Upon the effective date
of this amendatory Act of the 93rd General Assembly, the
Annual Percentage shall be 24% for fiscal year 2005. For
fiscal year 2006, the Annual Percentage shall be 20%. For
fiscal year 2007, the Annual Percentage shall be 17.5%. For
fiscal year 2008, the Annual Percentage shall be 15.5%. For
fiscal year 2009, the Annual Percentage shall be 17.5%. For
fiscal year 2010, the Annual Percentage shall be 17.5%. For
fiscal year 2011, the Annual Percentage shall be 17.5%. For
fiscal year 2012, the Annual Percentage shall be 17.5%. For
fiscal year 2013, the Annual Percentage shall be 14%. For
fiscal year 2014, the Annual Percentage shall be 13.4%. For
fiscal year 2015, the Annual Percentage shall be 14%. For
fiscal year 2018, the Annual Percentage shall be 17.5%. For
all other fiscal years, the Annual Percentage shall be
calculated as a fraction, the numerator of which shall be
the amount of refunds approved for payment by the
Department during the preceding fiscal year as a result of
overpayment of tax liability under subsections (a) and
(b)(6), (7), and (8), (c) and (d) of Section 201 of this
Act plus the amount of such refunds remaining approved but
unpaid at the end of the preceding fiscal year, and the
denominator of which shall be the amounts which will be
collected pursuant to subsections (a) and (b)(6), (7), and
(8), (c) and (d) of Section 201 of this Act during the
preceding fiscal year; except that in State fiscal year
2002, the Annual Percentage shall in no event exceed 23%.
The Director of Revenue shall certify the Annual Percentage
to the Comptroller on the last business day of the fiscal
year immediately preceding the fiscal year for which it is
to be effective.
(3) The Comptroller shall order transferred and the
Treasurer shall transfer from the Tobacco Settlement
Recovery Fund to the Income Tax Refund Fund (i) $35,000,000
in January, 2001, (ii) $35,000,000 in January, 2002, and
(iii) $35,000,000 in January, 2003.
(d) Expenditures from Income Tax Refund Fund.
(1) Beginning January 1, 1989, money in the Income Tax
Refund Fund shall be expended exclusively for the purpose
of paying refunds resulting from overpayment of tax
liability under Section 201 of this Act, for paying rebates
under Section 208.1 in the event that the amounts in the
Homeowners' Tax Relief Fund are insufficient for that
purpose, and for making transfers pursuant to this
subsection (d).
(2) The Director shall order payment of refunds
resulting from overpayment of tax liability under Section
201 of this Act from the Income Tax Refund Fund only to the
extent that amounts collected pursuant to Section 201 of
this Act and transfers pursuant to this subsection (d) and
item (3) of subsection (c) have been deposited and retained
in the Fund.
(3) As soon as possible after the end of each fiscal
year, the Director shall order transferred and the State
Treasurer and State Comptroller shall transfer from the
Income Tax Refund Fund to the Personal Property Tax
Replacement Fund an amount, certified by the Director to
the Comptroller, equal to the excess of the amount
collected pursuant to subsections (c) and (d) of Section
201 of this Act deposited into the Income Tax Refund Fund
during the fiscal year over the amount of refunds resulting
from overpayment of tax liability under subsections (c) and
(d) of Section 201 of this Act paid from the Income Tax
Refund Fund during the fiscal year.
(4) As soon as possible after the end of each fiscal
year, the Director shall order transferred and the State
Treasurer and State Comptroller shall transfer from the
Personal Property Tax Replacement Fund to the Income Tax
Refund Fund an amount, certified by the Director to the
Comptroller, equal to the excess of the amount of refunds
resulting from overpayment of tax liability under
subsections (c) and (d) of Section 201 of this Act paid
from the Income Tax Refund Fund during the fiscal year over
the amount collected pursuant to subsections (c) and (d) of
Section 201 of this Act deposited into the Income Tax
Refund Fund during the fiscal year.
(4.5) As soon as possible after the end of fiscal year
1999 and of each fiscal year thereafter, the Director shall
order transferred and the State Treasurer and State
Comptroller shall transfer from the Income Tax Refund Fund
to the General Revenue Fund any surplus remaining in the
Income Tax Refund Fund as of the end of such fiscal year;
excluding for fiscal years 2000, 2001, and 2002 amounts
attributable to transfers under item (3) of subsection (c)
less refunds resulting from the earned income tax credit.
(5) This Act shall constitute an irrevocable and
continuing appropriation from the Income Tax Refund Fund
for the purpose of paying refunds upon the order of the
Director in accordance with the provisions of this Section.
(e) Deposits into the Education Assistance Fund and the
Income Tax Surcharge Local Government Distributive Fund.
On July 1, 1991, and thereafter, of the amounts collected
pursuant to subsections (a) and (b) of Section 201 of this Act,
minus deposits into the Income Tax Refund Fund, the Department
shall deposit 7.3% into the Education Assistance Fund in the
State Treasury. Beginning July 1, 1991, and continuing through
January 31, 1993, of the amounts collected pursuant to
subsections (a) and (b) of Section 201 of the Illinois Income
Tax Act, minus deposits into the Income Tax Refund Fund, the
Department shall deposit 3.0% into the Income Tax Surcharge
Local Government Distributive Fund in the State Treasury.
Beginning February 1, 1993 and continuing through June 30,
1993, of the amounts collected pursuant to subsections (a) and
(b) of Section 201 of the Illinois Income Tax Act, minus
deposits into the Income Tax Refund Fund, the Department shall
deposit 4.4% into the Income Tax Surcharge Local Government
Distributive Fund in the State Treasury. Beginning July 1,
1993, and continuing through June 30, 1994, of the amounts
collected under subsections (a) and (b) of Section 201 of this
Act, minus deposits into the Income Tax Refund Fund, the
Department shall deposit 1.475% into the Income Tax Surcharge
Local Government Distributive Fund in the State Treasury.
(f) Deposits into the Fund for the Advancement of
Education. Beginning February 1, 2015, the Department shall
deposit the following portions of the revenue realized from the
tax imposed upon individuals, trusts, and estates by
subsections (a) and (b) of Section 201 of this Act during the
preceding month, minus deposits into the Income Tax Refund
Fund, into the Fund for the Advancement of Education:
(1) beginning February 1, 2015, and prior to February
1, 2025, 1/30; and
(2) beginning February 1, 2025, 1/26.
If the rate of tax imposed by subsection (a) and (b) of
Section 201 is reduced pursuant to Section 201.5 of this Act,
the Department shall not make the deposits required by this
subsection (f) on or after the effective date of the reduction.
(g) Deposits into the Commitment to Human Services Fund.
Beginning February 1, 2015, the Department shall deposit the
following portions of the revenue realized from the tax imposed
upon individuals, trusts, and estates by subsections (a) and
(b) of Section 201 of this Act during the preceding month,
minus deposits into the Income Tax Refund Fund, into the
Commitment to Human Services Fund:
(1) beginning February 1, 2015, and prior to February
1, 2025, 1/30; and
(2) beginning February 1, 2025, 1/26.
If the rate of tax imposed by subsection (a) and (b) of
Section 201 is reduced pursuant to Section 201.5 of this Act,
the Department shall not make the deposits required by this
subsection (g) on or after the effective date of the reduction.
(h) Deposits into the Tax Compliance and Administration
Fund. Beginning on the first day of the first calendar month to
occur on or after August 26, 2014 (the effective date of Public
Act 98-1098), each month the Department shall pay into the Tax
Compliance and Administration Fund, to be used, subject to
appropriation, to fund additional auditors and compliance
personnel at the Department, an amount equal to 1/12 of 5% of
the cash receipts collected during the preceding fiscal year by
the Audit Bureau of the Department from the tax imposed by
subsections (a), (b), (c), and (d) of Section 201 of this Act,
net of deposits into the Income Tax Refund Fund made from those
cash receipts.
(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14;
98-1052, eff. 8-26-14; 98-1098, eff. 8-26-14; 99-78, eff.
7-20-15.)
Section 5-35. The Metropolitan Pier and Exposition
Authority Act is amended by changing Sections 5, 13, and 13.2
and by adding Section 13.3 as follows:
(70 ILCS 210/5) (from Ch. 85, par. 1225)
Sec. 5. The Metropolitan Pier and Exposition Authority
shall also have the following rights and powers:
(a) To accept from Chicago Park Fair, a corporation, an
assignment of whatever sums of money it may have received
from the Fair and Exposition Fund, allocated by the
Department of Agriculture of the State of Illinois, and
Chicago Park Fair is hereby authorized to assign, set over
and transfer any of those funds to the Metropolitan Pier
and Exposition Authority. The Authority has the right and
power hereafter to receive sums as may be distributed to it
by the Department of Agriculture of the State of Illinois
from the Fair and Exposition Fund pursuant to the
provisions of Sections 5, 6i, and 28 of the State Finance
Act. All sums received by the Authority shall be held in
the sole custody of the secretary-treasurer of the
Metropolitan Pier and Exposition Board.
(b) To accept the assignment of, assume and execute any
contracts heretofore entered into by Chicago Park Fair.
(c) To acquire, own, construct, equip, lease, operate
and maintain grounds, buildings and facilities to carry out
its corporate purposes and duties, and to carry out or
otherwise provide for the recreational, cultural,
commercial or residential development of Navy Pier, and to
fix and collect just, reasonable and nondiscriminatory
charges for the use thereof. The charges so collected shall
be made available to defray the reasonable expenses of the
Authority and to pay the principal of and the interest upon
any revenue bonds issued by the Authority. The Authority
shall be subject to and comply with the Lake Michigan and
Chicago Lakefront Protection Ordinance, the Chicago
Building Code, the Chicago Zoning Ordinance, and all
ordinances and regulations of the City of Chicago contained
in the following Titles of the Municipal Code of Chicago:
Businesses, Occupations and Consumer Protection; Health
and Safety; Fire Prevention; Public Peace, Morals and
Welfare; Utilities and Environmental Protection; Streets,
Public Ways, Parks, Airports and Harbors; Electrical
Equipment and Installation; Housing and Economic
Development (only Chapter 5-4 thereof); and Revenue and
Finance (only so far as such Title pertains to the
Authority's duty to collect taxes on behalf of the City of
Chicago).
(d) To enter into contracts treating in any manner with
the objects and purposes of this Act.
(e) To lease any buildings to the Adjutant General of
the State of Illinois for the use of the Illinois National
Guard or the Illinois Naval Militia.
(f) To exercise the right of eminent domain by
condemnation proceedings in the manner provided by the
Eminent Domain Act, including, with respect to Site B only,
the authority to exercise quick take condemnation by
immediate vesting of title under Article 20 of the Eminent
Domain Act, to acquire any privately owned real or personal
property and, with respect to Site B only, public property
used for rail transportation purposes (but no such taking
of such public property shall, in the reasonable judgment
of the owner, interfere with such rail transportation) for
the lawful purposes of the Authority in Site A, at Navy
Pier, and at Site B. Just compensation for property taken
or acquired under this paragraph shall be paid in money or,
notwithstanding any other provision of this Act and with
the agreement of the owner of the property to be taken or
acquired, the Authority may convey substitute property or
interests in property or enter into agreements with the
property owner, including leases, licenses, or
concessions, with respect to any property owned by the
Authority, or may provide for other lawful forms of just
compensation to the owner. Any property acquired in
condemnation proceedings shall be used only as provided in
this Act. Except as otherwise provided by law, the City of
Chicago shall have a right of first refusal prior to any
sale of any such property by the Authority to a third party
other than substitute property. The Authority shall
develop and implement a relocation plan for businesses
displaced as a result of the Authority's acquisition of
property. The relocation plan shall be substantially
similar to provisions of the Uniform Relocation Assistance
and Real Property Acquisition Act and regulations
promulgated under that Act relating to assistance to
displaced businesses. To implement the relocation plan the
Authority may acquire property by purchase or gift or may
exercise the powers authorized in this subsection (f),
except the immediate vesting of title under Article 20 of
the Eminent Domain Act, to acquire substitute private
property within one mile of Site B for the benefit of
displaced businesses located on property being acquired by
the Authority. However, no such substitute property may be
acquired by the Authority unless the mayor of the
municipality in which the property is located certifies in
writing that the acquisition is consistent with the
municipality's land use and economic development policies
and goals. The acquisition of substitute property is
declared to be for public use. In exercising the powers
authorized in this subsection (f), the Authority shall use
its best efforts to relocate businesses within the area of
McCormick Place or, failing that, within the City of
Chicago.
(g) To enter into contracts relating to construction
projects which provide for the delivery by the contractor
of a completed project, structure, improvement, or
specific portion thereof, for a fixed maximum price, which
contract may provide that the delivery of the project,
structure, improvement, or specific portion thereof, for
the fixed maximum price is insured or guaranteed by a third
party capable of completing the construction.
(h) To enter into agreements with any person with
respect to the use and occupancy of the grounds, buildings,
and facilities of the Authority, including concession,
license, and lease agreements on terms and conditions as
the Authority determines. Notwithstanding Section 24,
agreements with respect to the use and occupancy of the
grounds, buildings, and facilities of the Authority for a
term of more than one year shall be entered into in
accordance with the procurement process provided for in
Section 25.1.
(i) To enter into agreements with any person with
respect to the operation and management of the grounds,
buildings, and facilities of the Authority or the provision
of goods and services on terms and conditions as the
Authority determines.
(j) After conducting the procurement process provided
for in Section 25.1, to enter into one or more contracts to
provide for the design and construction of all or part of
the Authority's Expansion Project grounds, buildings, and
facilities. Any contract for design and construction of the
Expansion Project shall be in the form authorized by
subsection (g), shall be for a fixed maximum price not in
excess of the funds that are authorized to be made
available for those purposes during the term of the
contract, and shall be entered into before commencement of
construction.
(k) To enter into agreements, including project
agreements with labor unions, that the Authority deems
necessary to complete the Expansion Project or any other
construction or improvement project in the most timely and
efficient manner and without strikes, picketing, or other
actions that might cause disruption or delay and thereby
add to the cost of the project.
(l) To provide incentives to organizations and
entities that agree to make use of the grounds, buildings,
and facilities of the Authority for conventions, meetings,
or trade shows. The incentives may take the form of
discounts from regular fees charged by the Authority,
subsidies for or assumption of the costs incurred with
respect to the convention, meeting, or trade show, or other
inducements. The Authority shall award incentives to
attract large conventions, meetings, and trade shows to its
facilities under the terms set forth in this subsection (l)
from amounts appropriated to the Authority from the
Metropolitan Pier and Exposition Authority Incentive Fund
for this purpose.
No later than May 15 of each year, the Chief Executive
Officer of the Metropolitan Pier and Exposition Authority
shall certify to the State Comptroller and the State
Treasurer the amounts of incentive grant funds used during
the current fiscal year to provide incentives for
conventions, meetings, or trade shows that (i) have been
approved by the Authority, in consultation with an
organization meeting the qualifications set out in Section
5.6 of this Act, provided the Authority has entered into a
marketing agreement with such an organization, (ii)
demonstrate registered attendance in excess of 5,000
individuals or in excess of 10,000 individuals, as
appropriate, and (iii) but for the incentive, would not
have used the facilities of the Authority for the
convention, meeting, or trade show. The State Comptroller
may request that the Auditor General conduct an audit of
the accuracy of the certification. If the State Comptroller
determines by this process of certification that incentive
funds, in whole or in part, were disbursed by the Authority
by means other than in accordance with the standards of
this subsection (l), then any amount transferred to the
Metropolitan Pier and Exposition Authority Incentive Fund
shall be reduced during the next subsequent transfer in
direct proportion to that amount determined to be in
violation of the terms set forth in this subsection (l).
On July 15, 2012, the Comptroller shall order
transferred, and the Treasurer shall transfer, into the
Metropolitan Pier and Exposition Authority Incentive Fund
from the General Revenue Fund the sum of $7,500,000 plus an
amount equal to the incentive grant funds certified by the
Chief Executive Officer as having been lawfully paid under
the provisions of this Section in the previous 2 fiscal
years that have not otherwise been transferred into the
Metropolitan Pier and Exposition Authority Incentive Fund,
provided that transfers in excess of $15,000,000 shall not
be made in any fiscal year.
On July 15, 2013, the Comptroller shall order
transferred, and the Treasurer shall transfer, into the
Metropolitan Pier and Exposition Authority Incentive Fund
from the General Revenue Fund the sum of $7,500,000 plus an
amount equal to the incentive grant funds certified by the
Chief Executive Officer as having been lawfully paid under
the provisions of this Section in the previous fiscal year
that have not otherwise been transferred into the
Metropolitan Pier and Exposition Authority Incentive Fund,
provided that transfers in excess of $15,000,000 shall not
be made in any fiscal year.
On July 15, 2014, and every year thereafter, the
Comptroller shall order transferred, and the Treasurer
shall transfer, into the Metropolitan Pier and Exposition
Authority Incentive Fund from the General Revenue Fund an
amount equal to the incentive grant funds certified by the
Chief Executive Officer as having been lawfully paid under
the provisions of this Section in the previous fiscal year
that have not otherwise been transferred into the
Metropolitan Pier and Exposition Authority Incentive Fund,
provided that (1) no transfers with respect to any previous
fiscal year shall be made after the transfer has been made
with respect to the 2017 fiscal year and (2) transfers in
excess of $15,000,000 shall not be made in any fiscal year.
After a transfer has been made under this subsection
(l), the Chief Executive Officer shall file a request for
payment with the Comptroller evidencing that the incentive
grants have been made and the Comptroller shall thereafter
order paid, and the Treasurer shall pay, the requested
amounts to the Metropolitan Pier and Exposition Authority.
In no case shall more than $5,000,000 be used in any
one year by the Authority for incentives granted
conventions, meetings, or trade shows with a registered
attendance of more than 5,000 and less than 10,000. Amounts
in the Metropolitan Pier and Exposition Authority
Incentive Fund shall only be used by the Authority for
incentives paid to attract large conventions, meetings,
and trade shows to its facilities as provided in this
subsection (l).
(l-5) The Village of Rosemont shall provide incentives
from amounts transferred into the Convention Center
Support Fund to retain and attract conventions, meetings,
or trade shows to the Donald E. Stephens Convention Center
under the terms set forth in this subsection (l-5).
No later than May 15 of each year, the Mayor of the
Village of Rosemont or his or her designee shall certify to
the State Comptroller and the State Treasurer the amounts
of incentive grant funds used during the previous fiscal
year to provide incentives for conventions, meetings, or
trade shows that (1) have been approved by the Village, (2)
demonstrate registered attendance in excess of 5,000
individuals, and (3) but for the incentive, would not have
used the Donald E. Stephens Convention Center facilities
for the convention, meeting, or trade show. The State
Comptroller may request that the Auditor General conduct an
audit of the accuracy of the certification.
If the State Comptroller determines by this process of
certification that incentive funds, in whole or in part,
were disbursed by the Village by means other than in
accordance with the standards of this subsection (l-5),
then the amount transferred to the Convention Center
Support Fund shall be reduced during the next subsequent
transfer in direct proportion to that amount determined to
be in violation of the terms set forth in this subsection
(l-5).
On July 15, 2012, and each year thereafter, the
Comptroller shall order transferred, and the Treasurer
shall transfer, into the Convention Center Support Fund
from the General Revenue Fund the amount of $5,000,000 for
(i) incentives to attract large conventions, meetings, and
trade shows to the Donald E. Stephens Convention Center,
and (ii) to be used by the Village of Rosemont for the
repair, maintenance, and improvement of the Donald E.
Stephens Convention Center and for debt service on debt
instruments issued for those purposes by the village. No
later than 30 days after the transfer, the Comptroller
shall order paid, and the Treasurer shall pay, to the
Village of Rosemont the amounts transferred.
(m) To enter into contracts with any person conveying
the naming rights or other intellectual property rights
with respect to the grounds, buildings, and facilities of
the Authority.
(n) To enter into grant agreements with the Chicago
Convention and Tourism Bureau providing for the marketing
of the convention facilities to large and small
conventions, meetings, and trade shows and the promotion of
the travel industry in the City of Chicago, provided such
agreements meet the requirements of Section 5.6 of this
Act. Receipts of the Authority from the increase in the
airport departure tax authorized by Section 13(f) of this
amendatory Act of the 96th General Assembly and, subject to
appropriation to the Authority, funds deposited in the
Chicago Travel Industry Promotion Fund pursuant to Section
6 of the Hotel Operators' Occupation Tax Act shall be
granted to the Bureau for such purposes.
Nothing in this Act shall be construed to authorize the
Authority to spend the proceeds of any bonds or notes issued
under Section 13.2 or any taxes levied under Section 13 to
construct a stadium to be leased to or used by professional
sports teams.
(Source: P.A. 97-617, eff. 10-26-11; 98-109, eff. 7-25-13.)
(70 ILCS 210/13) (from Ch. 85, par. 1233)
Sec. 13. (a) The Authority shall not have power to levy
taxes for any purpose, except as provided in subsections (b),
(c), (d), (e), and (f).
(b) By ordinance the Authority shall, as soon as
practicable after the effective date of this amendatory Act of
1991, impose a Metropolitan Pier and Exposition Authority
Retailers' Occupation Tax upon all persons engaged in the
business of selling tangible personal property at retail within
the territory described in this subsection at the rate of 1.0%
of the gross receipts (i) from the sale of food, alcoholic
beverages, and soft drinks sold for consumption on the premises
where sold and (ii) from the sale of food, alcoholic beverages,
and soft drinks sold for consumption off the premises where
sold by a retailer whose principal source of gross receipts is
from the sale of food, alcoholic beverages, and soft drinks
prepared for immediate consumption.
The tax imposed under this subsection and all civil
penalties that may be assessed as an incident to that tax shall
be collected and enforced by the Illinois Department of
Revenue. The Department shall have full power to administer and
enforce this subsection, to collect all taxes and penalties so
collected in the manner provided in this subsection, and to
determine all rights to credit memoranda arising on account of
the erroneous payment of tax or penalty under this subsection.
In the administration of and compliance with this subsection,
the Department and persons who are subject to this subsection
shall have the same rights, remedies, privileges, immunities,
powers, and duties, shall be subject to the same conditions,
restrictions, limitations, penalties, exclusions, exemptions,
and definitions of terms, and shall employ the same modes of
procedure applicable to this Retailers' Occupation Tax as are
prescribed in Sections 1, 2 through 2-65 (in respect to all
provisions of those Sections other than the State rate of
taxes), 2c, 2h, 2i, 3 (except as to the disposition of taxes
and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i,
5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12, 13, and, until January
1, 1994, 13.5 of the Retailers' Occupation Tax Act, and, on and
after January 1, 1994, all applicable provisions of the Uniform
Penalty and Interest Act that are not inconsistent with this
Act, as fully as if provisions contained in those Sections of
the Retailers' Occupation Tax Act were set forth in this
subsection.
Persons subject to any tax imposed under the authority
granted in this subsection may reimburse themselves for their
seller's tax liability under this subsection by separately
stating that tax as an additional charge, which charge may be
stated in combination, in a single amount, with State taxes
that sellers are required to collect under the Use Tax Act,
pursuant to bracket schedules as the Department may prescribe.
The retailer filing the return shall, at the time of filing the
return, pay to the Department the amount of tax imposed under
this subsection, less a discount of 1.75%, which is allowed to
reimburse the retailer for the expenses incurred in keeping
records, preparing and filing returns, remitting the tax, and
supplying data to the Department on request.
Whenever the Department determines that a refund should be
made under this subsection to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause a warrant to be drawn for the
amount specified and to the person named in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the Metropolitan Pier and Exposition Authority
trust fund held by the State Treasurer as trustee for the
Authority.
Nothing in this subsection authorizes the Authority to
impose a tax upon the privilege of engaging in any business
that under the Constitution of the United States may not be
made the subject of taxation by this State.
The Department shall forthwith pay over to the State
Treasurer, ex officio, as trustee for the Authority, all taxes
and penalties collected under this subsection for deposit into
a trust fund held outside of the State Treasury.
As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the Department
of Revenue, the Comptroller shall order transferred, and the
Treasurer shall transfer, to the STAR Bonds Revenue Fund the
local sales tax increment, as defined in the Innovation
Development and Economy Act, collected under this subsection
during the second preceding calendar month for sales within a
STAR bond district.
After the monthly transfer to the STAR Bonds Revenue Fund,
on or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the
amounts to be paid under subsection (g) of this Section, which
shall be the amounts, not including credit memoranda, collected
under this subsection during the second preceding calendar
month by the Department, less any amounts determined by the
Department to be necessary for the payment of refunds, less 2%
of such balance, which sum shall be deposited by the State
Treasurer into the Tax Compliance and Administration Fund in
the State Treasury from which it shall be appropriated to the
Department to cover the costs of the Department in
administering and enforcing the provisions of this subsection,
and less any amounts that are transferred to the STAR Bonds
Revenue Fund. Within 10 days after receipt by the Comptroller
of the certification, the Comptroller shall cause the orders to
be drawn for the remaining amounts, and the Treasurer shall
administer those amounts as required in subsection (g).
A certificate of registration issued by the Illinois
Department of Revenue to a retailer under the Retailers'
Occupation Tax Act shall permit the registrant to engage in a
business that is taxed under the tax imposed under this
subsection, and no additional registration shall be required
under the ordinance imposing the tax or under this subsection.
A certified copy of any ordinance imposing or discontinuing
any tax under this subsection or effecting a change in the rate
of that tax shall be filed with the Department, whereupon the
Department shall proceed to administer and enforce this
subsection on behalf of the Authority as of the first day of
the third calendar month following the date of filing.
The tax authorized to be levied under this subsection may
be levied within all or any part of the following described
portions of the metropolitan area:
(1) that portion of the City of Chicago located within
the following area: Beginning at the point of intersection
of the Cook County - DuPage County line and York Road, then
North along York Road to its intersection with Touhy
Avenue, then east along Touhy Avenue to its intersection
with the Northwest Tollway, then southeast along the
Northwest Tollway to its intersection with Lee Street, then
south along Lee Street to Higgins Road, then south and east
along Higgins Road to its intersection with Mannheim Road,
then south along Mannheim Road to its intersection with
Irving Park Road, then west along Irving Park Road to its
intersection with the Cook County - DuPage County line,
then north and west along the county line to the point of
beginning; and
(2) that portion of the City of Chicago located within
the following area: Beginning at the intersection of West
55th Street with Central Avenue, then east along West 55th
Street to its intersection with South Cicero Avenue, then
south along South Cicero Avenue to its intersection with
West 63rd Street, then west along West 63rd Street to its
intersection with South Central Avenue, then north along
South Central Avenue to the point of beginning; and
(3) that portion of the City of Chicago located within
the following area: Beginning at the point 150 feet west of
the intersection of the west line of North Ashland Avenue
and the north line of West Diversey Avenue, then north 150
feet, then east along a line 150 feet north of the north
line of West Diversey Avenue extended to the shoreline of
Lake Michigan, then following the shoreline of Lake
Michigan (including Navy Pier and all other improvements
fixed to land, docks, or piers) to the point where the
shoreline of Lake Michigan and the Adlai E. Stevenson
Expressway extended east to that shoreline intersect, then
west along the Adlai E. Stevenson Expressway to a point 150
feet west of the west line of South Ashland Avenue, then
north along a line 150 feet west of the west line of South
and North Ashland Avenue to the point of beginning.
The tax authorized to be levied under this subsection may
also be levied on food, alcoholic beverages, and soft drinks
sold on boats and other watercraft departing from and returning
to the shoreline of Lake Michigan (including Navy Pier and all
other improvements fixed to land, docks, or piers) described in
item (3).
(c) By ordinance the Authority shall, as soon as
practicable after the effective date of this amendatory Act of
1991, impose an occupation tax upon all persons engaged in the
corporate limits of the City of Chicago in the business of
renting, leasing, or letting rooms in a hotel, as defined in
the Hotel Operators' Occupation Tax Act, at a rate of 2.5% of
the gross rental receipts from the renting, leasing, or letting
of hotel rooms within the City of Chicago, excluding, however,
from gross rental receipts the proceeds of renting, leasing, or
letting to permanent residents of a hotel, as defined in that
Act. Gross rental receipts shall not include charges that are
added on account of the liability arising from any tax imposed
by the State or any governmental agency on the occupation of
renting, leasing, or letting rooms in a hotel.
The tax imposed by the Authority under this subsection and
all civil penalties that may be assessed as an incident to that
tax shall be collected and enforced by the Illinois Department
of Revenue. The certificate of registration that is issued by
the Department to a lessor under the Hotel Operators'
Occupation Tax Act shall permit that registrant to engage in a
business that is taxable under any ordinance enacted under this
subsection without registering separately with the Department
under that ordinance or under this subsection. The Department
shall have full power to administer and enforce this
subsection, to collect all taxes and penalties due under this
subsection, to dispose of taxes and penalties so collected in
the manner provided in this subsection, and to determine all
rights to credit memoranda arising on account of the erroneous
payment of tax or penalty under this subsection. In the
administration of and compliance with this subsection, the
Department and persons who are subject to this subsection shall
have the same rights, remedies, privileges, immunities,
powers, and duties, shall be subject to the same conditions,
restrictions, limitations, penalties, and definitions of
terms, and shall employ the same modes of procedure as are
prescribed in the Hotel Operators' Occupation Tax Act (except
where that Act is inconsistent with this subsection), as fully
as if the provisions contained in the Hotel Operators'
Occupation Tax Act were set out in this subsection.
Whenever the Department determines that a refund should be
made under this subsection to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause a warrant to be drawn for the
amount specified and to the person named in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the Metropolitan Pier and Exposition Authority
trust fund held by the State Treasurer as trustee for the
Authority.
Persons subject to any tax imposed under the authority
granted in this subsection may reimburse themselves for their
tax liability for that tax by separately stating that tax as an
additional charge, which charge may be stated in combination,
in a single amount, with State taxes imposed under the Hotel
Operators' Occupation Tax Act, the municipal tax imposed under
Section 8-3-13 of the Illinois Municipal Code, and the tax
imposed under Section 19 of the Illinois Sports Facilities
Authority Act.
The person filing the return shall, at the time of filing
the return, pay to the Department the amount of tax, less a
discount of 2.1% or $25 per calendar year, whichever is
greater, which is allowed to reimburse the operator for the
expenses incurred in keeping records, preparing and filing
returns, remitting the tax, and supplying data to the
Department on request.
The Department shall forthwith pay over to the State
Treasurer, ex officio, as trustee for the Authority, all taxes
and penalties collected under this subsection for deposit into
a trust fund held outside the State Treasury. On or before the
25th day of each calendar month, the Department shall certify
to the Comptroller the amounts to be paid under subsection (g)
of this Section, which shall be the amounts (not including
credit memoranda) collected under this subsection during the
second preceding calendar month by the Department, less any
amounts determined by the Department to be necessary for
payment of refunds. Within 10 days after receipt by the
Comptroller of the Department's certification, the Comptroller
shall cause the orders to be drawn for such amounts, and the
Treasurer shall administer those amounts as required in
subsection (g).
A certified copy of any ordinance imposing or discontinuing
a tax under this subsection or effecting a change in the rate
of that tax shall be filed with the Illinois Department of
Revenue, whereupon the Department shall proceed to administer
and enforce this subsection on behalf of the Authority as of
the first day of the third calendar month following the date of
filing.
(d) By ordinance the Authority shall, as soon as
practicable after the effective date of this amendatory Act of
1991, impose a tax upon all persons engaged in the business of
renting automobiles in the metropolitan area at the rate of 6%
of the gross receipts from that business, except that no tax
shall be imposed on the business of renting automobiles for use
as taxicabs or in livery service. The tax imposed under this
subsection and all civil penalties that may be assessed as an
incident to that tax shall be collected and enforced by the
Illinois Department of Revenue. The certificate of
registration issued by the Department to a retailer under the
Retailers' Occupation Tax Act or under the Automobile Renting
Occupation and Use Tax Act shall permit that person to engage
in a business that is taxable under any ordinance enacted under
this subsection without registering separately with the
Department under that ordinance or under this subsection. The
Department shall have full power to administer and enforce this
subsection, to collect all taxes and penalties due under this
subsection, to dispose of taxes and penalties so collected in
the manner provided in this subsection, and to determine all
rights to credit memoranda arising on account of the erroneous
payment of tax or penalty under this subsection. In the
administration of and compliance with this subsection, the
Department and persons who are subject to this subsection shall
have the same rights, remedies, privileges, immunities,
powers, and duties, be subject to the same conditions,
restrictions, limitations, penalties, and definitions of
terms, and employ the same modes of procedure as are prescribed
in Sections 2 and 3 (in respect to all provisions of those
Sections other than the State rate of tax; and in respect to
the provisions of the Retailers' Occupation Tax Act referred to
in those Sections, except as to the disposition of taxes and
penalties collected, except for the provision allowing
retailers a deduction from the tax to cover certain costs, and
except that credit memoranda issued under this subsection may
not be used to discharge any State tax liability) of the
Automobile Renting Occupation and Use Tax Act, as fully as if
provisions contained in those Sections of that Act were set
forth in this subsection.
Persons subject to any tax imposed under the authority
granted in this subsection may reimburse themselves for their
tax liability under this subsection by separately stating that
tax as an additional charge, which charge may be stated in
combination, in a single amount, with State tax that sellers
are required to collect under the Automobile Renting Occupation
and Use Tax Act, pursuant to bracket schedules as the
Department may prescribe.
Whenever the Department determines that a refund should be
made under this subsection to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause a warrant to be drawn for the
amount specified and to the person named in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the Metropolitan Pier and Exposition Authority
trust fund held by the State Treasurer as trustee for the
Authority.
The Department shall forthwith pay over to the State
Treasurer, ex officio, as trustee, all taxes and penalties
collected under this subsection for deposit into a trust fund
held outside the State Treasury. On or before the 25th day of
each calendar month, the Department shall certify to the
Comptroller the amounts to be paid under subsection (g) of this
Section (not including credit memoranda) collected under this
subsection during the second preceding calendar month by the
Department, less any amount determined by the Department to be
necessary for payment of refunds. Within 10 days after receipt
by the Comptroller of the Department's certification, the
Comptroller shall cause the orders to be drawn for such
amounts, and the Treasurer shall administer those amounts as
required in subsection (g).
Nothing in this subsection authorizes the Authority to
impose a tax upon the privilege of engaging in any business
that under the Constitution of the United States may not be
made the subject of taxation by this State.
A certified copy of any ordinance imposing or discontinuing
a tax under this subsection or effecting a change in the rate
of that tax shall be filed with the Illinois Department of
Revenue, whereupon the Department shall proceed to administer
and enforce this subsection on behalf of the Authority as of
the first day of the third calendar month following the date of
filing.
(e) By ordinance the Authority shall, as soon as
practicable after the effective date of this amendatory Act of
1991, impose a tax upon the privilege of using in the
metropolitan area an automobile that is rented from a rentor
outside Illinois and is titled or registered with an agency of
this State's government at a rate of 6% of the rental price of
that automobile, except that no tax shall be imposed on the
privilege of using automobiles rented for use as taxicabs or in
livery service. The tax shall be collected from persons whose
Illinois address for titling or registration purposes is given
as being in the metropolitan area. The tax shall be collected
by the Department of Revenue for the Authority. The tax must be
paid to the State or an exemption determination must be
obtained from the Department of Revenue before the title or
certificate of registration for the property may be issued. The
tax or proof of exemption may be transmitted to the Department
by way of the State agency with which or State officer with
whom the tangible personal property must be titled or
registered if the Department and that agency or State officer
determine that this procedure will expedite the processing of
applications for title or registration.
The Department shall have full power to administer and
enforce this subsection, to collect all taxes, penalties, and
interest due under this subsection, to dispose of taxes,
penalties, and interest so collected in the manner provided in
this subsection, and to determine all rights to credit
memoranda or refunds arising on account of the erroneous
payment of tax, penalty, or interest under this subsection. In
the administration of and compliance with this subsection, the
Department and persons who are subject to this subsection shall
have the same rights, remedies, privileges, immunities,
powers, and duties, be subject to the same conditions,
restrictions, limitations, penalties, and definitions of
terms, and employ the same modes of procedure as are prescribed
in Sections 2 and 4 (except provisions pertaining to the State
rate of tax; and in respect to the provisions of the Use Tax
Act referred to in that Section, except provisions concerning
collection or refunding of the tax by retailers, except the
provisions of Section 19 pertaining to claims by retailers,
except the last paragraph concerning refunds, and except that
credit memoranda issued under this subsection may not be used
to discharge any State tax liability) of the Automobile Renting
Occupation and Use Tax Act, as fully as if provisions contained
in those Sections of that Act were set forth in this
subsection.
Whenever the Department determines that a refund should be
made under this subsection to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause a warrant to be drawn for the
amount specified and to the person named in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the Metropolitan Pier and Exposition Authority
trust fund held by the State Treasurer as trustee for the
Authority.
The Department shall forthwith pay over to the State
Treasurer, ex officio, as trustee, all taxes, penalties, and
interest collected under this subsection for deposit into a
trust fund held outside the State Treasury. On or before the
25th day of each calendar month, the Department shall certify
to the State Comptroller the amounts to be paid under
subsection (g) of this Section, which shall be the amounts (not
including credit memoranda) collected under this subsection
during the second preceding calendar month by the Department,
less any amounts determined by the Department to be necessary
for payment of refunds. Within 10 days after receipt by the
State Comptroller of the Department's certification, the
Comptroller shall cause the orders to be drawn for such
amounts, and the Treasurer shall administer those amounts as
required in subsection (g).
A certified copy of any ordinance imposing or discontinuing
a tax or effecting a change in the rate of that tax shall be
filed with the Illinois Department of Revenue, whereupon the
Department shall proceed to administer and enforce this
subsection on behalf of the Authority as of the first day of
the third calendar month following the date of filing.
(f) By ordinance the Authority shall, as soon as
practicable after the effective date of this amendatory Act of
1991, impose an occupation tax on all persons, other than a
governmental agency, engaged in the business of providing
ground transportation for hire to passengers in the
metropolitan area at a rate of (i) $4 per taxi or livery
vehicle departure with passengers for hire from commercial
service airports in the metropolitan area, (ii) for each
departure with passengers for hire from a commercial service
airport in the metropolitan area in a bus or van operated by a
person other than a person described in item (iii): $18 per bus
or van with a capacity of 1-12 passengers, $36 per bus or van
with a capacity of 13-24 passengers, and $54 per bus or van
with a capacity of over 24 passengers, and (iii) for each
departure with passengers for hire from a commercial service
airport in the metropolitan area in a bus or van operated by a
person regulated by the Interstate Commerce Commission or
Illinois Commerce Commission, operating scheduled service from
the airport, and charging fares on a per passenger basis: $2
per passenger for hire in each bus or van. The term "commercial
service airports" means those airports receiving scheduled
passenger service and enplaning more than 100,000 passengers
per year.
In the ordinance imposing the tax, the Authority may
provide for the administration and enforcement of the tax and
the collection of the tax from persons subject to the tax as
the Authority determines to be necessary or practicable for the
effective administration of the tax. The Authority may enter
into agreements as it deems appropriate with any governmental
agency providing for that agency to act as the Authority's
agent to collect the tax.
In the ordinance imposing the tax, the Authority may
designate a method or methods for persons subject to the tax to
reimburse themselves for the tax liability arising under the
ordinance (i) by separately stating the full amount of the tax
liability as an additional charge to passengers departing the
airports, (ii) by separately stating one-half of the tax
liability as an additional charge to both passengers departing
from and to passengers arriving at the airports, or (iii) by
some other method determined by the Authority.
All taxes, penalties, and interest collected under any
ordinance adopted under this subsection, less any amounts
determined to be necessary for the payment of refunds and less
the taxes, penalties, and interest attributable to any increase
in the rate of tax authorized by Public Act 96-898, shall be
paid forthwith to the State Treasurer, ex officio, for deposit
into a trust fund held outside the State Treasury and shall be
administered by the State Treasurer as provided in subsection
(g) of this Section. All taxes, penalties, and interest
attributable to any increase in the rate of tax authorized by
Public Act 96-898 shall be paid by the State Treasurer as
follows: 25% for deposit into the Convention Center Support
Fund, to be used by the Village of Rosemont for the repair,
maintenance, and improvement of the Donald E. Stephens
Convention Center and for debt service on debt instruments
issued for those purposes by the village and 75% to the
Authority to be used for grants to an organization meeting the
qualifications set out in Section 5.6 of this Act, provided the
Metropolitan Pier and Exposition Authority has entered into a
marketing agreement with such an organization.
(g) Amounts deposited from the proceeds of taxes imposed by
the Authority under subsections (b), (c), (d), (e), and (f) of
this Section and amounts deposited under Section 19 of the
Illinois Sports Facilities Authority Act shall be held in a
trust fund outside the State Treasury and shall be administered
by the Treasurer as follows:
(1) An amount necessary for the payment of refunds with
respect to those taxes shall be retained in the trust fund
and used for those payments.
(2) On July 20 and on the 20th of each month
thereafter, provided that the amount requested in the
annual certificate of the Chairman of the Authority filed
under Section 8.25f of the State Finance Act has been
appropriated for payment to the Authority, 1/8 of the local
tax transfer amount, together with any cumulative
deficiencies in the amounts transferred into the McCormick
Place Expansion Project Fund under this subparagraph (2)
during the fiscal year for which the certificate has been
filed, shall be transferred from the trust fund into the
McCormick Place Expansion Project Fund in the State
treasury until 100% of the local tax transfer amount has
been so transferred. "Local tax transfer amount" shall mean
the amount requested in the annual certificate, minus the
reduction amount. "Reduction amount" shall mean $41.7
million in fiscal year 2011, $36.7 million in fiscal year
2012, $36.7 million in fiscal year 2013, $36.7 million in
fiscal year 2014, and $31.7 million in each fiscal year
thereafter until 2032, provided that the reduction amount
shall be reduced by (i) the amount certified by the
Authority to the State Comptroller and State Treasurer
under Section 8.25 of the State Finance Act, as amended,
with respect to that fiscal year and (ii) in any fiscal
year in which the amounts deposited in the trust fund under
this Section exceed $318.3 million, exclusive of amounts
set aside for refunds and for the reserve account, one
dollar for each dollar of the deposits in the trust fund
above $318.3 million with respect to that year, exclusive
of amounts set aside for refunds and for the reserve
account.
(3) On July 20, 2010, the Comptroller shall certify to
the Governor, the Treasurer, and the Chairman of the
Authority the 2010 deficiency amount, which means the
cumulative amount of transfers that were due from the trust
fund to the McCormick Place Expansion Project Fund in
fiscal years 2008, 2009, and 2010 under Section 13(g) of
this Act, as it existed prior to May 27, 2010 (the
effective date of Public Act 96-898), but not made. On July
20, 2011 and on July 20 of each year through July 20, 2014,
the Treasurer shall calculate for the previous fiscal year
the surplus revenues in the trust fund and pay that amount
to the Authority. On July 20, 2015 and on July 20 of each
year thereafter to and including July 20, 2017, as long as
bonds and notes issued under Section 13.2 or bonds and
notes issued to refund those bonds and notes are
outstanding, the Treasurer shall calculate for the
previous fiscal year the surplus revenues in the trust fund
and pay one-half of that amount to the State Treasurer for
deposit into the General Revenue Fund until the 2010
deficiency amount has been paid and shall pay the balance
of the surplus revenues to the Authority. On July 20, 2018
and on July 20 of each year thereafter, the Treasurer shall
calculate for the previous fiscal year the surplus revenues
in the trust fund and pay all of such surplus revenues to
the State Treasurer for deposit into the General Revenue
Fund until the 2010 deficiency amount has been paid. After
the 2010 deficiency amount has been paid, the Treasurer
shall pay the balance of the surplus revenues to the
Authority. "Surplus revenues" means the amounts remaining
in the trust fund on June 30 of the previous fiscal year
(A) after the State Treasurer has set aside in the trust
fund (i) amounts retained for refunds under subparagraph
(1) and (ii) any amounts necessary to meet the reserve
account amount and (B) after the State Treasurer has
transferred from the trust fund to the General Revenue Fund
100% of any post-2010 deficiency amount. "Reserve account
amount" means $15 million in fiscal year 2011 and $30
million in each fiscal year thereafter. The reserve account
amount shall be set aside in the trust fund and used as a
reserve to be transferred to the McCormick Place Expansion
Project Fund in the event the proceeds of taxes imposed
under this Section 13 are not sufficient to fund the
transfer required in subparagraph (2). "Post-2010
deficiency amount" means any deficiency in transfers from
the trust fund to the McCormick Place Expansion Project
Fund with respect to fiscal years 2011 and thereafter. It
is the intention of this subparagraph (3) that no surplus
revenues shall be paid to the Authority with respect to any
year in which a post-2010 deficiency amount has not been
satisfied by the Authority.
Moneys received by the Authority as surplus revenues may be
used (i) for the purposes of paying debt service on the bonds
and notes issued by the Authority, including early redemption
of those bonds or notes, (ii) for the purposes of repair,
replacement, and improvement of the grounds, buildings, and
facilities of the Authority, and (iii) for the corporate
purposes of the Authority in fiscal years 2011 through 2015 in
an amount not to exceed $20,000,000 annually or $80,000,000
total, which amount shall be reduced $0.75 for each dollar of
the receipts of the Authority in that year from any contract
entered into with respect to naming rights at McCormick Place
under Section 5(m) of this Act. When bonds and notes issued
under Section 13.2, or bonds or notes issued to refund those
bonds and notes, are no longer outstanding, the balance in the
trust fund shall be paid to the Authority.
(h) The ordinances imposing the taxes authorized by this
Section shall be repealed when bonds and notes issued under
Section 13.2 or bonds and notes issued to refund those bonds
and notes are no longer outstanding.
(Source: P.A. 97-333, eff. 8-12-11; 98-463, eff. 8-16-13.)
(70 ILCS 210/13.2) (from Ch. 85, par. 1233.2)
Sec. 13.2. The McCormick Place Expansion Project Fund is
created in the State Treasury. All moneys in the McCormick
Place Expansion Project Fund are allocated to and shall be
appropriated and used only for the purposes authorized by and
subject to the limitations and conditions of this Section.
Those amounts may be appropriated by law to the Authority for
the purposes of paying the debt service requirements on all
bonds and notes, including bonds and notes issued to refund or
advance refund bonds and notes issued under this Section,
Section 13.1, or issued to refund or advance refund bonds and
notes otherwise issued under this Act, (collectively referred
to as "bonds") to be issued by the Authority under this Section
in an aggregate original principal amount (excluding the amount
of any bonds and notes issued to refund or advance refund bonds
or notes issued under this Section and Section 13.1) not to
exceed $2,850,000,000 $2,557,000,000 for the purposes of
carrying out and performing its duties and exercising its
powers under this Act. The increased debt authorization of
$450,000,000 provided by Public Act 96-898 this amendatory Act
of the 96th General Assembly shall be used solely for the
purpose of: (i) hotel construction and related necessary
capital improvements; (ii) other needed capital improvements
to existing facilities; and (iii) land acquisition for and
construction of one multi-use facility on property bounded by
East Cermak Road on the south, East 21st Street on the north,
South Indiana Avenue on the west, and South Prairie Avenue on
the east in the City of Chicago, Cook County, Illinois; these
limitations do not apply to the increased debt authorization
provided by this amendatory Act of the 100th General Assembly.
No bonds issued to refund or advance refund bonds issued under
this Section may mature later than 40 years from the date of
issuance of the refunding or advance refunding bonds. After the
aggregate original principal amount of bonds authorized in this
Section has been issued, the payment of any principal amount of
such bonds does not authorize the issuance of additional bonds
(except refunding bonds). Any bonds and notes issued under this
Section in any year in which there is an outstanding "post-2010
deficiency amount" as that term is defined in Section 13 (g)(3)
of this Act shall provide for the payment to the State
Treasurer of the amount of that deficiency. Proceeds from the
sale of bonds issued pursuant to the increased debt
authorization provided by this amendatory Act of the 100th
General Assembly may be used for the payment to the State
Treasurer of any unpaid amounts described in paragraph (3) of
subsection (g) of Section 13 of this Act as part of the "2010
deficiency amount" or the "Post-2010 deficiency amount".
On the first day of each month commencing after July 1,
1993, amounts, if any, on deposit in the McCormick Place
Expansion Project Fund shall, subject to appropriation, be paid
in full to the Authority or, upon its direction, to the trustee
or trustees for bondholders of bonds that by their terms are
payable from the moneys received from the McCormick Place
Expansion Project Fund, until an amount equal to 100% of the
aggregate amount of the principal and interest in the fiscal
year, including that pursuant to sinking fund requirements, has
been so paid and deficiencies in reserves shall have been
remedied.
The State of Illinois pledges to and agrees with the
holders of the bonds of the Metropolitan Pier and Exposition
Authority issued under this Section that the State will not
limit or alter the rights and powers vested in the Authority by
this Act so as to impair the terms of any contract made by the
Authority with those holders or in any way impair the rights
and remedies of those holders until the bonds, together with
interest thereon, interest on any unpaid installments of
interest, and all costs and expenses in connection with any
action or proceedings by or on behalf of those holders are
fully met and discharged; provided that any increase in the Tax
Act Amounts specified in Section 3 of the Retailers' Occupation
Tax Act, Section 9 of the Use Tax Act, Section 9 of the Service
Use Tax Act, and Section 9 of the Service Occupation Tax Act
required to be deposited into the Build Illinois Bond Account
in the Build Illinois Fund pursuant to any law hereafter
enacted shall not be deemed to impair the rights of such
holders so long as the increase does not result in the
aggregate debt service payable in the current or any future
fiscal year of the State on all bonds issued pursuant to the
Build Illinois Bond Act and the Metropolitan Pier and
Exposition Authority Act and payable from tax revenues
specified in Section 3 of the Retailers' Occupation Tax Act,
Section 9 of the Use Tax Act, Section 9 of the Service Use Tax
Act, and Section 9 of the Service Occupation Tax Act exceeding
33 1/3% of such tax revenues for the most recently completed
fiscal year of the State at the time of such increase. In
addition, the State pledges to and agrees with the holders of
the bonds of the Authority issued under this Section that the
State will not limit or alter the basis on which State funds
are to be paid to the Authority as provided in this Act or the
use of those funds so as to impair the terms of any such
contract; provided that any increase in the Tax Act Amounts
specified in Section 3 of the Retailers' Occupation Tax Act,
Section 9 of the Use Tax Act, Section 9 of the Service Use Tax
Act, and Section 9 of the Service Occupation Tax Act required
to be deposited into the Build Illinois Bond Account in the
Build Illinois Fund pursuant to any law hereafter enacted shall
not be deemed to impair the terms of any such contract so long
as the increase does not result in the aggregate debt service
payable in the current or any future fiscal year of the State
on all bonds issued pursuant to the Build Illinois Bond Act and
the Metropolitan Pier and Exposition Authority Act and payable
from tax revenues specified in Section 3 of the Retailers'
Occupation Tax Act, Section 9 of the Use Tax Act, Section 9 of
the Service Use Tax Act, and Section 9 of the Service
Occupation Tax Act exceeding 33 1/3% of such tax revenues for
the most recently completed fiscal year of the State at the
time of such increase. The Authority is authorized to include
these pledges and agreements with the State in any contract
with the holders of bonds issued under this Section.
The State shall not be liable on bonds of the Authority
issued under this Section those bonds shall not be a debt of
the State, and this Act shall not be construed as a guarantee
by the State of the debts of the Authority. The bonds shall
contain a statement to this effect on the face of the bonds.
(Source: P.A. 98-109, eff. 7-25-13.)
(70 ILCS 210/13.3 new)
Sec. 13.3. MPEA Reserve Fund. There is hereby created the
MPEA Reserve Fund in the State Treasury. If any amount of the
2010 deficiency amount is paid to the State Treasurer pursuant
to paragraph (3) of subsection (g) of Section 13 or Section
13.2 on any date after the effective date of this amendatory
Act of the 100th General Assembly, the Comptroller shall order
transferred, and the Treasurer shall transfer an equal amount
from the General Revenue Fund into the MPEA Reserve Fund.
Amounts in the MPEA Reserve Fund shall be administered by the
Treasurer as follows:
(a) On July 1 of each fiscal year, the State Treasurer
shall transfer from the MPEA Reserve Fund to the General
Revenue Fund an amount equal to 100% of any post-2010
deficiency amount.
(b) Notwithstanding subsection (a) of this Section,
any amounts in the MPEA Reserve Fund may be appropriated by
law for any other authorized purpose.
(c) All amounts in the MPEA Reserve Fund shall be
deposited into the General Revenue Fund when bonds and
notes issued under Section 13.2, including bonds and notes
issued to refund those bonds and notes, are no longer
outstanding.
Section 5-36. The Downstate Public Transportation Act is
amended by changing Section 2-3 as follows:
(30 ILCS 740/2-3) (from Ch. 111 2/3, par. 663)
Sec. 2-3. (a) As soon as possible after the first day of
each month, beginning July 1, 1984, upon certification of the
Department of Revenue, the Comptroller shall order
transferred, and the Treasurer shall transfer, from the General
Revenue Fund to a special fund in the State Treasury which is
hereby created, to be known as the "Downstate Public
Transportation Fund", an amount equal to 2/32 (beginning July
1, 2005, 3/32) of the net revenue realized from the "Retailers'
Occupation Tax Act", as now or hereafter amended, the "Service
Occupation Tax Act", as now or hereafter amended, the "Use Tax
Act", as now or hereafter amended, and the "Service Use Tax
Act", as now or hereafter amended, from persons incurring
municipal or county retailers' or service occupation tax
liability for the benefit of any municipality or county located
wholly within the boundaries of each participant other than any
Metro-East Transit District participant certified pursuant to
subsection (c) of this Section during the preceding month,
except that the Department shall pay into the Downstate Public
Transportation Fund 2/32 (beginning July 1, 2005, 3/32) of 80%
of the net revenue realized under the State tax Acts named
above within any municipality or county located wholly within
the boundaries of each participant, other than any Metro-East
participant, for tax periods beginning on or after January 1,
1990. Net revenue realized for a month shall be the revenue
collected by the State pursuant to such Acts during the
previous month from persons incurring municipal or county
retailers' or service occupation tax liability for the benefit
of any municipality or county located wholly within the
boundaries of a participant, less the amount paid out during
that same month as refunds or credit memoranda to taxpayers for
overpayment of liability under such Acts for the benefit of any
municipality or county located wholly within the boundaries of
a participant.
Notwithstanding any provision of law to the contrary,
beginning on the effective date of this amendatory Act of the
100th General Assembly, those amounts required under this
subsection (a) to be transferred by the Treasurer into the
Downstate Public Transportation Fund from the General Revenue
Fund shall be directly deposited into the Downstate Public
Transportation Fund as the revenues are realized from the taxes
indicated.
(b) As soon as possible after the first day of each month,
beginning July 1, 1989, upon certification of the Department of
Revenue, the Comptroller shall order transferred, and the
Treasurer shall transfer, from the General Revenue Fund to a
special fund in the State Treasury which is hereby created, to
be known as the "Metro-East Public Transportation Fund", an
amount equal to 2/32 of the net revenue realized, as above,
from within the boundaries of Madison, Monroe, and St. Clair
Counties, except that the Department shall pay into the
Metro-East Public Transportation Fund 2/32 of 80% of the net
revenue realized under the State tax Acts specified in
subsection (a) of this Section within the boundaries of
Madison, Monroe and St. Clair Counties for tax periods
beginning on or after January 1, 1990. A local match equivalent
to an amount which could be raised by a tax levy at the rate of
.05% on the assessed value of property within the boundaries of
Madison County is required annually to cause a total of 2/32 of
the net revenue to be deposited in the Metro-East Public
Transportation Fund. Failure to raise the required local match
annually shall result in only 1/32 being deposited into the
Metro-East Public Transportation Fund after July 1, 1989, or
1/32 of 80% of the net revenue realized for tax periods
beginning on or after January 1, 1990.
(b-5) As soon as possible after the first day of each
month, beginning July 1, 2005, upon certification of the
Department of Revenue, the Comptroller shall order
transferred, and the Treasurer shall transfer, from the General
Revenue Fund to the Downstate Public Transportation Fund, an
amount equal to 3/32 of 80% of the net revenue realized from
within the boundaries of Monroe and St. Clair Counties under
the State Tax Acts specified in subsection (a) of this Section
and provided further that, beginning July 1, 2005, the
provisions of subsection (b) shall no longer apply with respect
to such tax receipts from Monroe and St. Clair Counties.
Notwithstanding any provision of law to the contrary,
beginning on the effective date of this amendatory Act of the
100th General Assembly, those amounts required under this
subsection (b-5) to be transferred by the Treasurer into the
Downstate Public Transportation Fund from the General Revenue
Fund shall be directly deposited into the Downstate Public
Transportation Fund as the revenues are realized from the taxes
indicated.
(b-6) As soon as possible after the first day of each
month, beginning July 1, 2008, upon certification by the
Department of Revenue, the Comptroller shall order transferred
and the Treasurer shall transfer, from the General Revenue Fund
to the Downstate Public Transportation Fund, an amount equal to
3/32 of 80% of the net revenue realized from within the
boundaries of Madison County under the State Tax Acts specified
in subsection (a) of this Section and provided further that,
beginning July 1, 2008, the provisions of subsection (b) shall
no longer apply with respect to such tax receipts from Madison
County.
Notwithstanding any provision of law to the contrary,
beginning on the effective date of this amendatory Act of the
100th General Assembly, those amounts required under this
subsection (b-6) to be transferred by the Treasurer into the
Downstate Public Transportation Fund from the General Revenue
Fund shall be directly deposited into the Downstate Public
Transportation Fund as the revenues are realized from the taxes
indicated.
(c) The Department shall certify to the Department of
Revenue the eligible participants under this Article and the
territorial boundaries of such participants for the purposes of
the Department of Revenue in subsections (a) and (b) of this
Section.
(d) For the purposes of this Article, beginning in fiscal
year 2009 the General Assembly shall appropriate an amount from
the Downstate Public Transportation Fund equal to the sum total
funds projected to be paid to the participants pursuant to
Section 2-7. If the General Assembly fails to make
appropriations sufficient to cover the amounts projected to be
paid pursuant to Section 2-7, this Act shall constitute an
irrevocable and continuing appropriation from the Downstate
Public Transportation Fund of all amounts necessary for those
purposes.
(e) Notwithstanding anything in this Section to the
contrary, amounts transferred from the General Revenue Fund to
the Downstate Public Transportation Fund pursuant to this
Section shall not exceed $169,000,000 in State fiscal year
2012.
(f) For State fiscal year 2018 only, notwithstanding any
provision of law to the contrary, the total amount of revenue
and deposits under this Section attributable to revenues
realized during State fiscal year 2018 shall be reduced by 10%.
(Source: P.A. 97-641, eff. 12-19-11.)
Section 5-37. The Regional Transportation Authority Act is
amended by changing Section 4.09 as follows:
(70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)
Sec. 4.09. Public Transportation Fund and the Regional
Transportation Authority Occupation and Use Tax Replacement
Fund.
(a)(1) Except as otherwise provided in paragraph (4), as As
soon as possible after the first day of each month, beginning
July 1, 1984, upon certification of the Department of Revenue,
the Comptroller shall order transferred and the Treasurer shall
transfer from the General Revenue Fund to a special fund in the
State Treasury to be known as the Public Transportation Fund an
amount equal to 25% of the net revenue, before the deduction of
the serviceman and retailer discounts pursuant to Section 9 of
the Service Occupation Tax Act and Section 3 of the Retailers'
Occupation Tax Act, realized from any tax imposed by the
Authority pursuant to Sections 4.03 and 4.03.1 and 25% of the
amounts deposited into the Regional Transportation Authority
tax fund created by Section 4.03 of this Act, from the County
and Mass Transit District Fund as provided in Section 6z-20 of
the State Finance Act and 25% of the amounts deposited into the
Regional Transportation Authority Occupation and Use Tax
Replacement Fund from the State and Local Sales Tax Reform Fund
as provided in Section 6z-17 of the State Finance Act. On the
first day of the month following the date that the Department
receives revenues from increased taxes under Section 4.03(m) as
authorized by this amendatory Act of the 95th General Assembly,
in lieu of the transfers authorized in the preceding sentence,
upon certification of the Department of Revenue, the
Comptroller shall order transferred and the Treasurer shall
transfer from the General Revenue Fund to the Public
Transportation Fund an amount equal to 25% of the net revenue,
before the deduction of the serviceman and retailer discounts
pursuant to Section 9 of the Service Occupation Tax Act and
Section 3 of the Retailers' Occupation Tax Act, realized from
(i) 80% of the proceeds of any tax imposed by the Authority at
a rate of 1.25% in Cook County, (ii) 75% of the proceeds of any
tax imposed by the Authority at the rate of 1% in Cook County,
and (iii) one-third of the proceeds of any tax imposed by the
Authority at the rate of 0.75% in the Counties of DuPage, Kane,
Lake, McHenry, and Will, all pursuant to Section 4.03, and 25%
of the net revenue realized from any tax imposed by the
Authority pursuant to Section 4.03.1, and 25% of the amounts
deposited into the Regional Transportation Authority tax fund
created by Section 4.03 of this Act from the County and Mass
Transit District Fund as provided in Section 6z-20 of the State
Finance Act, and 25% of the amounts deposited into the Regional
Transportation Authority Occupation and Use Tax Replacement
Fund from the State and Local Sales Tax Reform Fund as provided
in Section 6z-17 of the State Finance Act. As used in this
Section, net revenue realized for a month shall be the revenue
collected by the State pursuant to Sections 4.03 and 4.03.1
during the previous month from within the metropolitan region,
less the amount paid out during that same month as refunds to
taxpayers for overpayment of liability in the metropolitan
region under Sections 4.03 and 4.03.1.
Notwithstanding any provision of law to the contrary,
beginning on the effective date of this amendatory Act of the
100th General Assembly, those amounts required under this
paragraph (1) of subsection (a) to be transferred by the
Treasurer into the Public Transportation Fund from the General
Revenue Fund shall be directly deposited into the Public
Transportation Fund as the revenues are realized from the taxes
indicated.
(2) Except as otherwise provided in paragraph (4), on On
the first day of the month following the effective date of this
amendatory Act of the 95th General Assembly and each month
thereafter, upon certification by the Department of Revenue,
the Comptroller shall order transferred and the Treasurer shall
transfer from the General Revenue Fund to the Public
Transportation Fund an amount equal to 5% of the net revenue,
before the deduction of the serviceman and retailer discounts
pursuant to Section 9 of the Service Occupation Tax Act and
Section 3 of the Retailers' Occupation Tax Act, realized from
any tax imposed by the Authority pursuant to Sections 4.03 and
4.03.1 and certified by the Department of Revenue under Section
4.03(n) of this Act to be paid to the Authority and 5% of the
amounts deposited into the Regional Transportation Authority
tax fund created by Section 4.03 of this Act from the County
and Mass Transit District Fund as provided in Section 6z-20 of
the State Finance Act, and 5% of the amounts deposited into the
Regional Transportation Authority Occupation and Use Tax
Replacement Fund from the State and Local Sales Tax Reform Fund
as provided in Section 6z-17 of the State Finance Act, and 5%
of the revenue realized by the Chicago Transit Authority as
financial assistance from the City of Chicago from the proceeds
of any tax imposed by the City of Chicago under Section 8-3-19
of the Illinois Municipal Code.
Notwithstanding any provision of law to the contrary,
beginning on the effective date of this amendatory Act of the
100th General Assembly, those amounts required under this
paragraph (2) of subsection (a) to be transferred by the
Treasurer into the Public Transportation Fund from the General
Revenue Fund shall be directly deposited into the Public
Transportation Fund as the revenues are realized from the taxes
indicated.
(3) Except as otherwise provided in paragraph (4), as As
soon as possible after the first day of January, 2009 and each
month thereafter, upon certification of the Department of
Revenue with respect to the taxes collected under Section 4.03,
the Comptroller shall order transferred and the Treasurer shall
transfer from the General Revenue Fund to the Public
Transportation Fund an amount equal to 25% of the net revenue,
before the deduction of the serviceman and retailer discounts
pursuant to Section 9 of the Service Occupation Tax Act and
Section 3 of the Retailers' Occupation Tax Act, realized from
(i) 20% of the proceeds of any tax imposed by the Authority at
a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any
tax imposed by the Authority at the rate of 1% in Cook County,
and (iii) one-third of the proceeds of any tax imposed by the
Authority at the rate of 0.75% in the Counties of DuPage, Kane,
Lake, McHenry, and Will, all pursuant to Section 4.03, and the
Comptroller shall order transferred and the Treasurer shall
transfer from the General Revenue Fund to the Public
Transportation Fund (iv) an amount equal to 25% of the revenue
realized by the Chicago Transit Authority as financial
assistance from the City of Chicago from the proceeds of any
tax imposed by the City of Chicago under Section 8-3-19 of the
Illinois Municipal Code.
Notwithstanding any provision of law to the contrary,
beginning on the effective date of this amendatory Act of the
100th General Assembly, those amounts required under this
paragraph (3) of subsection (a) to be transferred by the
Treasurer into the Public Transportation Fund from the General
Revenue Fund shall be directly deposited into the Public
Transportation Fund as the revenues are realized from the taxes
indicated.
(4) Notwithstanding any provision of law to the contrary,
of the transfers to be made under paragraphs (1), (2), and (3)
of this subsection (a) from the General Revenue Fund to the
Public Transportation Fund, the first $100,000,000 that would
have otherwise been transferred from the General Revenue Fund
shall be transferred from the Road Fund. The remaining balance
of such transfers shall be made from the General Revenue Fund.
(5) For State fiscal year 2018 only, notwithstanding any
provision of law to the contrary, the total amount of revenue
and deposits under this subsection (a) attributable to revenues
realized during State fiscal year 2018 shall be reduced by 10%.
(b)(1) All moneys deposited in the Public Transportation
Fund and the Regional Transportation Authority Occupation and
Use Tax Replacement Fund, whether deposited pursuant to this
Section or otherwise, are allocated to the Authority. The
Comptroller, as soon as possible after each monthly transfer
provided in this Section and after each deposit into the Public
Transportation Fund, shall order the Treasurer to pay to the
Authority out of the Public Transportation Fund the amount so
transferred or deposited. Any Additional State Assistance and
Additional Financial Assistance paid to the Authority under
this Section shall be expended by the Authority for its
purposes as provided in this Act. The balance of the amounts
paid to the Authority from the Public Transportation Fund shall
be expended by the Authority as provided in Section 4.03.3. The
Comptroller, as soon as possible after each deposit into the
Regional Transportation Authority Occupation and Use Tax
Replacement Fund provided in this Section and Section 6z-17 of
the State Finance Act, shall order the Treasurer to pay to the
Authority out of the Regional Transportation Authority
Occupation and Use Tax Replacement Fund the amount so
deposited. Such amounts paid to the Authority may be expended
by it for its purposes as provided in this Act. The provisions
directing the distributions from the Public Transportation
Fund and the Regional Transportation Authority Occupation and
Use Tax Replacement Fund provided for in this Section shall
constitute an irrevocable and continuing appropriation of all
amounts as provided herein. The State Treasurer and State
Comptroller are hereby authorized and directed to make
distributions as provided in this Section. (2) Provided,
however, no moneys deposited under subsection (a) of this
Section shall be paid from the Public Transportation Fund to
the Authority or its assignee for any fiscal year until the
Authority has certified to the Governor, the Comptroller, and
the Mayor of the City of Chicago that it has adopted for that
fiscal year an Annual Budget and Two-Year Financial Plan
meeting the requirements in Section 4.01(b).
(c) In recognition of the efforts of the Authority to
enhance the mass transportation facilities under its control,
the State shall provide financial assistance ("Additional
State Assistance") in excess of the amounts transferred to the
Authority from the General Revenue Fund under subsection (a) of
this Section. Additional State Assistance shall be calculated
as provided in subsection (d), but shall in no event exceed the
following specified amounts with respect to the following State
fiscal years:
1990$5,000,000;
1991$5,000,000;
1992$10,000,000;
1993$10,000,000;
1994$20,000,000;
1995$30,000,000;
1996$40,000,000;
1997$50,000,000;
1998$55,000,000; and
each year thereafter$55,000,000.
(c-5) The State shall provide financial assistance
("Additional Financial Assistance") in addition to the
Additional State Assistance provided by subsection (c) and the
amounts transferred to the Authority from the General Revenue
Fund under subsection (a) of this Section. Additional Financial
Assistance provided by this subsection shall be calculated as
provided in subsection (d), but shall in no event exceed the
following specified amounts with respect to the following State
fiscal years:
2000$0;
2001$16,000,000;
2002$35,000,000;
2003$54,000,000;
2004$73,000,000;
2005$93,000,000; and
each year thereafter$100,000,000.
(d) Beginning with State fiscal year 1990 and continuing
for each State fiscal year thereafter, the Authority shall
annually certify to the State Comptroller and State Treasurer,
separately with respect to each of subdivisions (g)(2) and
(g)(3) of Section 4.04 of this Act, the following amounts:
(1) The amount necessary and required, during the State
fiscal year with respect to which the certification is
made, to pay its obligations for debt service on all
outstanding bonds or notes issued by the Authority under
subdivisions (g)(2) and (g)(3) of Section 4.04 of this Act.
(2) An estimate of the amount necessary and required to
pay its obligations for debt service for any bonds or notes
which the Authority anticipates it will issue under
subdivisions (g)(2) and (g)(3) of Section 4.04 during that
State fiscal year.
(3) Its debt service savings during the preceding State
fiscal year from refunding or advance refunding of bonds or
notes issued under subdivisions (g)(2) and (g)(3) of
Section 4.04.
(4) The amount of interest, if any, earned by the
Authority during the previous State fiscal year on the
proceeds of bonds or notes issued pursuant to subdivisions
(g)(2) and (g)(3) of Section 4.04, other than refunding or
advance refunding bonds or notes.
The certification shall include a specific schedule of debt
service payments, including the date and amount of each payment
for all outstanding bonds or notes and an estimated schedule of
anticipated debt service for all bonds and notes it intends to
issue, if any, during that State fiscal year, including the
estimated date and estimated amount of each payment.
Immediately upon the issuance of bonds for which an
estimated schedule of debt service payments was prepared, the
Authority shall file an amended certification with respect to
item (2) above, to specify the actual schedule of debt service
payments, including the date and amount of each payment, for
the remainder of the State fiscal year.
On the first day of each month of the State fiscal year in
which there are bonds outstanding with respect to which the
certification is made, the State Comptroller shall order
transferred and the State Treasurer shall transfer from the
Road General Revenue Fund to the Public Transportation Fund the
Additional State Assistance and Additional Financial
Assistance in an amount equal to the aggregate of (i)
one-twelfth of the sum of the amounts certified under items (1)
and (3) above less the amount certified under item (4) above,
plus (ii) the amount required to pay debt service on bonds and
notes issued during the fiscal year, if any, divided by the
number of months remaining in the fiscal year after the date of
issuance, or some smaller portion as may be necessary under
subsection (c) or (c-5) of this Section for the relevant State
fiscal year, plus (iii) any cumulative deficiencies in
transfers for prior months, until an amount equal to the sum of
the amounts certified under items (1) and (3) above, plus the
actual debt service certified under item (2) above, less the
amount certified under item (4) above, has been transferred;
except that these transfers are subject to the following
limits:
(A) In no event shall the total transfers in any State
fiscal year relating to outstanding bonds and notes issued
by the Authority under subdivision (g)(2) of Section 4.04
exceed the lesser of the annual maximum amount specified in
subsection (c) or the sum of the amounts certified under
items (1) and (3) above, plus the actual debt service
certified under item (2) above, less the amount certified
under item (4) above, with respect to those bonds and
notes.
(B) In no event shall the total transfers in any State
fiscal year relating to outstanding bonds and notes issued
by the Authority under subdivision (g)(3) of Section 4.04
exceed the lesser of the annual maximum amount specified in
subsection (c-5) or the sum of the amounts certified under
items (1) and (3) above, plus the actual debt service
certified under item (2) above, less the amount certified
under item (4) above, with respect to those bonds and
notes.
The term "outstanding" does not include bonds or notes for
which refunding or advance refunding bonds or notes have been
issued.
(e) Neither Additional State Assistance nor Additional
Financial Assistance may be pledged, either directly or
indirectly as general revenues of the Authority, as security
for any bonds issued by the Authority. The Authority may not
assign its right to receive Additional State Assistance or
Additional Financial Assistance, or direct payment of
Additional State Assistance or Additional Financial
Assistance, to a trustee or any other entity for the payment of
debt service on its bonds.
(f) The certification required under subsection (d) with
respect to outstanding bonds and notes of the Authority shall
be filed as early as practicable before the beginning of the
State fiscal year to which it relates. The certification shall
be revised as may be necessary to accurately state the debt
service requirements of the Authority.
(g) Within 6 months of the end of each fiscal year, the
Authority shall determine:
(i) whether the aggregate of all system generated
revenues for public transportation in the metropolitan
region which is provided by, or under grant or purchase of
service contracts with, the Service Boards equals 50% of
the aggregate of all costs of providing such public
transportation. "System generated revenues" include all
the proceeds of fares and charges for services provided,
contributions received in connection with public
transportation from units of local government other than
the Authority, except for contributions received by the
Chicago Transit Authority from a real estate transfer tax
imposed under subsection (i) of Section 8-3-19 of the
Illinois Municipal Code, and from the State pursuant to
subsection (i) of Section 2705-305 of the Department of
Transportation Law (20 ILCS 2705/2705-305), and all other
revenues properly included consistent with generally
accepted accounting principles but may not include: the
proceeds from any borrowing, and, beginning with the 2007
fiscal year, all revenues and receipts, including but not
limited to fares and grants received from the federal,
State or any unit of local government or other entity,
derived from providing ADA paratransit service pursuant to
Section 2.30 of the Regional Transportation Authority Act.
"Costs" include all items properly included as operating
costs consistent with generally accepted accounting
principles, including administrative costs, but do not
include: depreciation; payment of principal and interest
on bonds, notes or other evidences of obligations for
borrowed money of the Authority; payments with respect to
public transportation facilities made pursuant to
subsection (b) of Section 2.20; any payments with respect
to rate protection contracts, credit enhancements or
liquidity agreements made under Section 4.14; any other
cost as to which it is reasonably expected that a cash
expenditure will not be made; costs for passenger security
including grants, contracts, personnel, equipment and
administrative expenses, except in the case of the Chicago
Transit Authority, in which case the term does not include
costs spent annually by that entity for protection against
crime as required by Section 27a of the Metropolitan
Transit Authority Act; the costs of Debt Service paid by
the Chicago Transit Authority, as defined in Section 12c of
the Metropolitan Transit Authority Act, or bonds or notes
issued pursuant to that Section; the payment by the
Commuter Rail Division of debt service on bonds issued
pursuant to Section 3B.09; expenses incurred by the
Suburban Bus Division for the cost of new public
transportation services funded from grants pursuant to
Section 2.01e of this amendatory Act of the 95th General
Assembly for a period of 2 years from the date of
initiation of each such service; costs as exempted by the
Board for projects pursuant to Section 2.09 of this Act;
or, beginning with the 2007 fiscal year, expenses related
to providing ADA paratransit service pursuant to Section
2.30 of the Regional Transportation Authority Act; or in
fiscal years 2008 through 2012 inclusive, costs in the
amount of $200,000,000 in fiscal year 2008, reducing by
$40,000,000 in each fiscal year thereafter until this
exemption is eliminated. If said system generated revenues
are less than 50% of said costs, the Board shall remit an
amount equal to the amount of the deficit to the State. The
Treasurer shall deposit any such payment in the Road
General Revenue Fund; and
(ii) whether, beginning with the 2007 fiscal year, the
aggregate of all fares charged and received for ADA
paratransit services equals the system generated ADA
paratransit services revenue recovery ratio percentage of
the aggregate of all costs of providing such ADA
paratransit services.
(h) If the Authority makes any payment to the State under
paragraph (g), the Authority shall reduce the amount provided
to a Service Board from funds transferred under paragraph (a)
in proportion to the amount by which that Service Board failed
to meet its required system generated revenues recovery ratio.
A Service Board which is affected by a reduction in funds under
this paragraph shall submit to the Authority concurrently with
its next due quarterly report a revised budget incorporating
the reduction in funds. The revised budget must meet the
criteria specified in clauses (i) through (vi) of Section
4.11(b)(2). The Board shall review and act on the revised
budget as provided in Section 4.11(b)(3).
(Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08;
95-906, eff. 8-26-08.)
Section 5-40. The School Code is amended by changing
Section 18-8.05 as follows:
(105 ILCS 5/18-8.05)
Sec. 18-8.05. Basis for apportionment of general State
financial aid and supplemental general State aid to the common
schools for the 1998-1999 and subsequent school years.
(A) General Provisions.
(1) The provisions of this Section apply to the 1998-1999
and subsequent school years. The system of general State
financial aid provided for in this Section is designed to
assure that, through a combination of State financial aid and
required local resources, the financial support provided each
pupil in Average Daily Attendance equals or exceeds a
prescribed per pupil Foundation Level. This formula approach
imputes a level of per pupil Available Local Resources and
provides for the basis to calculate a per pupil level of
general State financial aid that, when added to Available Local
Resources, equals or exceeds the Foundation Level. The amount
of per pupil general State financial aid for school districts,
in general, varies in inverse relation to Available Local
Resources. Per pupil amounts are based upon each school
district's Average Daily Attendance as that term is defined in
this Section.
(2) In addition to general State financial aid, school
districts with specified levels or concentrations of pupils
from low income households are eligible to receive supplemental
general State financial aid grants as provided pursuant to
subsection (H). The supplemental State aid grants provided for
school districts under subsection (H) shall be appropriated for
distribution to school districts as part of the same line item
in which the general State financial aid of school districts is
appropriated under this Section.
(3) To receive financial assistance under this Section,
school districts are required to file claims with the State
Board of Education, subject to the following requirements:
(a) Any school district which fails for any given
school year to maintain school as required by law, or to
maintain a recognized school is not eligible to file for
such school year any claim upon the Common School Fund. In
case of nonrecognition of one or more attendance centers in
a school district otherwise operating recognized schools,
the claim of the district shall be reduced in the
proportion which the Average Daily Attendance in the
attendance center or centers bear to the Average Daily
Attendance in the school district. A "recognized school"
means any public school which meets the standards as
established for recognition by the State Board of
Education. A school district or attendance center not
having recognition status at the end of a school term is
entitled to receive State aid payments due upon a legal
claim which was filed while it was recognized.
(b) School district claims filed under this Section are
subject to Sections 18-9 and 18-12, except as otherwise
provided in this Section.
(c) If a school district operates a full year school
under Section 10-19.1, the general State aid to the school
district shall be determined by the State Board of
Education in accordance with this Section as near as may be
applicable.
(d) (Blank).
(4) Except as provided in subsections (H) and (L), the
board of any district receiving any of the grants provided for
in this Section may apply those funds to any fund so received
for which that board is authorized to make expenditures by law.
School districts are not required to exert a minimum
Operating Tax Rate in order to qualify for assistance under
this Section.
(5) As used in this Section the following terms, when
capitalized, shall have the meaning ascribed herein:
(a) "Average Daily Attendance": A count of pupil
attendance in school, averaged as provided for in
subsection (C) and utilized in deriving per pupil financial
support levels.
(b) "Available Local Resources": A computation of
local financial support, calculated on the basis of Average
Daily Attendance and derived as provided pursuant to
subsection (D).
(c) "Corporate Personal Property Replacement Taxes":
Funds paid to local school districts pursuant to "An Act in
relation to the abolition of ad valorem personal property
tax and the replacement of revenues lost thereby, and
amending and repealing certain Acts and parts of Acts in
connection therewith", certified August 14, 1979, as
amended (Public Act 81-1st S.S.-1).
(d) "Foundation Level": A prescribed level of per pupil
financial support as provided for in subsection (B).
(e) "Operating Tax Rate": All school district property
taxes extended for all purposes, except Bond and Interest,
Summer School, Rent, Capital Improvement, and Vocational
Education Building purposes.
(B) Foundation Level.
(1) The Foundation Level is a figure established by the
State representing the minimum level of per pupil financial
support that should be available to provide for the basic
education of each pupil in Average Daily Attendance. As set
forth in this Section, each school district is assumed to exert
a sufficient local taxing effort such that, in combination with
the aggregate of general State financial aid provided the
district, an aggregate of State and local resources are
available to meet the basic education needs of pupils in the
district.
(2) For the 1998-1999 school year, the Foundation Level of
support is $4,225. For the 1999-2000 school year, the
Foundation Level of support is $4,325. For the 2000-2001 school
year, the Foundation Level of support is $4,425. For the
2001-2002 school year and 2002-2003 school year, the Foundation
Level of support is $4,560. For the 2003-2004 school year, the
Foundation Level of support is $4,810. For the 2004-2005 school
year, the Foundation Level of support is $4,964. For the
2005-2006 school year, the Foundation Level of support is
$5,164. For the 2006-2007 school year, the Foundation Level of
support is $5,334. For the 2007-2008 school year, the
Foundation Level of support is $5,734. For the 2008-2009 school
year, the Foundation Level of support is $5,959.
(3) For the 2009-2010 school year and each school year
thereafter, the Foundation Level of support is $6,119 or such
greater amount as may be established by law by the General
Assembly.
(C) Average Daily Attendance.
(1) For purposes of calculating general State aid pursuant
to subsection (E), an Average Daily Attendance figure shall be
utilized. The Average Daily Attendance figure for formula
calculation purposes shall be the monthly average of the actual
number of pupils in attendance of each school district, as
further averaged for the best 3 months of pupil attendance for
each school district. In compiling the figures for the number
of pupils in attendance, school districts and the State Board
of Education shall, for purposes of general State aid funding,
conform attendance figures to the requirements of subsection
(F).
(2) The Average Daily Attendance figures utilized in
subsection (E) shall be the requisite attendance data for the
school year immediately preceding the school year for which
general State aid is being calculated or the average of the
attendance data for the 3 preceding school years, whichever is
greater. The Average Daily Attendance figures utilized in
subsection (H) shall be the requisite attendance data for the
school year immediately preceding the school year for which
general State aid is being calculated.
(D) Available Local Resources.
(1) For purposes of calculating general State aid pursuant
to subsection (E), a representation of Available Local
Resources per pupil, as that term is defined and determined in
this subsection, shall be utilized. Available Local Resources
per pupil shall include a calculated dollar amount representing
local school district revenues from local property taxes and
from Corporate Personal Property Replacement Taxes, expressed
on the basis of pupils in Average Daily Attendance. Calculation
of Available Local Resources shall exclude any tax amnesty
funds received as a result of Public Act 93-26.
(2) In determining a school district's revenue from local
property taxes, the State Board of Education shall utilize the
equalized assessed valuation of all taxable property of each
school district as of September 30 of the previous year. The
equalized assessed valuation utilized shall be obtained and
determined as provided in subsection (G).
(3) For school districts maintaining grades kindergarten
through 12, local property tax revenues per pupil shall be
calculated as the product of the applicable equalized assessed
valuation for the district multiplied by 3.00%, and divided by
the district's Average Daily Attendance figure. For school
districts maintaining grades kindergarten through 8, local
property tax revenues per pupil shall be calculated as the
product of the applicable equalized assessed valuation for the
district multiplied by 2.30%, and divided by the district's
Average Daily Attendance figure. For school districts
maintaining grades 9 through 12, local property tax revenues
per pupil shall be the applicable equalized assessed valuation
of the district multiplied by 1.05%, and divided by the
district's Average Daily Attendance figure.
For partial elementary unit districts created pursuant to
Article 11E of this Code, local property tax revenues per pupil
shall be calculated as the product of the equalized assessed
valuation for property within the partial elementary unit
district for elementary purposes, as defined in Article 11E of
this Code, multiplied by 2.06% and divided by the district's
Average Daily Attendance figure, plus the product of the
equalized assessed valuation for property within the partial
elementary unit district for high school purposes, as defined
in Article 11E of this Code, multiplied by 0.94% and divided by
the district's Average Daily Attendance figure.
(4) The Corporate Personal Property Replacement Taxes paid
to each school district during the calendar year one year
before the calendar year in which a school year begins, divided
by the Average Daily Attendance figure for that district, shall
be added to the local property tax revenues per pupil as
derived by the application of the immediately preceding
paragraph (3). The sum of these per pupil figures for each
school district shall constitute Available Local Resources as
that term is utilized in subsection (E) in the calculation of
general State aid.
(E) Computation of General State Aid.
(1) For each school year, the amount of general State aid
allotted to a school district shall be computed by the State
Board of Education as provided in this subsection.
(2) For any school district for which Available Local
Resources per pupil is less than the product of 0.93 times the
Foundation Level, general State aid for that district shall be
calculated as an amount equal to the Foundation Level minus
Available Local Resources, multiplied by the Average Daily
Attendance of the school district.
(3) For any school district for which Available Local
Resources per pupil is equal to or greater than the product of
0.93 times the Foundation Level and less than the product of
1.75 times the Foundation Level, the general State aid per
pupil shall be a decimal proportion of the Foundation Level
derived using a linear algorithm. Under this linear algorithm,
the calculated general State aid per pupil shall decline in
direct linear fashion from 0.07 times the Foundation Level for
a school district with Available Local Resources equal to the
product of 0.93 times the Foundation Level, to 0.05 times the
Foundation Level for a school district with Available Local
Resources equal to the product of 1.75 times the Foundation
Level. The allocation of general State aid for school districts
subject to this paragraph 3 shall be the calculated general
State aid per pupil figure multiplied by the Average Daily
Attendance of the school district.
(4) For any school district for which Available Local
Resources per pupil equals or exceeds the product of 1.75 times
the Foundation Level, the general State aid for the school
district shall be calculated as the product of $218 multiplied
by the Average Daily Attendance of the school district.
(5) The amount of general State aid allocated to a school
district for the 1999-2000 school year meeting the requirements
set forth in paragraph (4) of subsection (G) shall be increased
by an amount equal to the general State aid that would have
been received by the district for the 1998-1999 school year by
utilizing the Extension Limitation Equalized Assessed
Valuation as calculated in paragraph (4) of subsection (G) less
the general State aid allotted for the 1998-1999 school year.
This amount shall be deemed a one time increase, and shall not
affect any future general State aid allocations.
(F) Compilation of Average Daily Attendance.
(1) Each school district shall, by July 1 of each year,
submit to the State Board of Education, on forms prescribed by
the State Board of Education, attendance figures for the school
year that began in the preceding calendar year. The attendance
information so transmitted shall identify the average daily
attendance figures for each month of the school year. Beginning
with the general State aid claim form for the 2002-2003 school
year, districts shall calculate Average Daily Attendance as
provided in subdivisions (a), (b), and (c) of this paragraph
(1).
(a) In districts that do not hold year-round classes,
days of attendance in August shall be added to the month of
September and any days of attendance in June shall be added
to the month of May.
(b) In districts in which all buildings hold year-round
classes, days of attendance in July and August shall be
added to the month of September and any days of attendance
in June shall be added to the month of May.
(c) In districts in which some buildings, but not all,
hold year-round classes, for the non-year-round buildings,
days of attendance in August shall be added to the month of
September and any days of attendance in June shall be added
to the month of May. The average daily attendance for the
year-round buildings shall be computed as provided in
subdivision (b) of this paragraph (1). To calculate the
Average Daily Attendance for the district, the average
daily attendance for the year-round buildings shall be
multiplied by the days in session for the non-year-round
buildings for each month and added to the monthly
attendance of the non-year-round buildings.
Except as otherwise provided in this Section, days of
attendance by pupils shall be counted only for sessions of not
less than 5 clock hours of school work per day under direct
supervision of: (i) teachers, or (ii) non-teaching personnel or
volunteer personnel when engaging in non-teaching duties and
supervising in those instances specified in subsection (a) of
Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
of legal school age and in kindergarten and grades 1 through
12. Days of attendance by pupils through verified participation
in an e-learning program approved by the State Board of
Education under Section 10-20.56 of the Code shall be
considered as full days of attendance for purposes of this
Section.
Days of attendance by tuition pupils shall be accredited
only to the districts that pay the tuition to a recognized
school.
(2) Days of attendance by pupils of less than 5 clock hours
of school shall be subject to the following provisions in the
compilation of Average Daily Attendance.
(a) Pupils regularly enrolled in a public school for
only a part of the school day may be counted on the basis
of 1/6 day for every class hour of instruction of 40
minutes or more attended pursuant to such enrollment,
unless a pupil is enrolled in a block-schedule format of 80
minutes or more of instruction, in which case the pupil may
be counted on the basis of the proportion of minutes of
school work completed each day to the minimum number of
minutes that school work is required to be held that day.
(b) (Blank).
(c) A session of 4 or more clock hours may be counted
as a day of attendance upon certification by the regional
superintendent, and approved by the State Superintendent
of Education to the extent that the district has been
forced to use daily multiple sessions.
(d) A session of 3 or more clock hours may be counted
as a day of attendance (1) when the remainder of the school
day or at least 2 hours in the evening of that day is
utilized for an in-service training program for teachers,
up to a maximum of 5 days per school year, provided a
district conducts an in-service training program for
teachers in accordance with Section 10-22.39 of this Code;
or, in lieu of 4 such days, 2 full days may be used, in
which event each such day may be counted as a day required
for a legal school calendar pursuant to Section 10-19 of
this Code; (1.5) when, of the 5 days allowed under item
(1), a maximum of 4 days are used for parent-teacher
conferences, or, in lieu of 4 such days, 2 full days are
used, in which case each such day may be counted as a
calendar day required under Section 10-19 of this Code,
provided that the full-day, parent-teacher conference
consists of (i) a minimum of 5 clock hours of
parent-teacher conferences, (ii) both a minimum of 2 clock
hours of parent-teacher conferences held in the evening
following a full day of student attendance, as specified in
subsection (F)(1)(c), and a minimum of 3 clock hours of
parent-teacher conferences held on the day immediately
following evening parent-teacher conferences, or (iii)
multiple parent-teacher conferences held in the evenings
following full days of student attendance, as specified in
subsection (F)(1)(c), in which the time used for the
parent-teacher conferences is equivalent to a minimum of 5
clock hours; and (2) when days in addition to those
provided in items (1) and (1.5) are scheduled by a school
pursuant to its school improvement plan adopted under
Article 34 or its revised or amended school improvement
plan adopted under Article 2, provided that (i) such
sessions of 3 or more clock hours are scheduled to occur at
regular intervals, (ii) the remainder of the school days in
which such sessions occur are utilized for in-service
training programs or other staff development activities
for teachers, and (iii) a sufficient number of minutes of
school work under the direct supervision of teachers are
added to the school days between such regularly scheduled
sessions to accumulate not less than the number of minutes
by which such sessions of 3 or more clock hours fall short
of 5 clock hours. Any full days used for the purposes of
this paragraph shall not be considered for computing
average daily attendance. Days scheduled for in-service
training programs, staff development activities, or
parent-teacher conferences may be scheduled separately for
different grade levels and different attendance centers of
the district.
(e) A session of not less than one clock hour of
teaching hospitalized or homebound pupils on-site or by
telephone to the classroom may be counted as 1/2 day of
attendance, however these pupils must receive 4 or more
clock hours of instruction to be counted for a full day of
attendance.
(f) A session of at least 4 clock hours may be counted
as a day of attendance for first grade pupils, and pupils
in full day kindergartens, and a session of 2 or more hours
may be counted as 1/2 day of attendance by pupils in
kindergartens which provide only 1/2 day of attendance.
(g) For children with disabilities who are below the
age of 6 years and who cannot attend 2 or more clock hours
because of their disability or immaturity, a session of not
less than one clock hour may be counted as 1/2 day of
attendance; however for such children whose educational
needs so require a session of 4 or more clock hours may be
counted as a full day of attendance.
(h) A recognized kindergarten which provides for only
1/2 day of attendance by each pupil shall not have more
than 1/2 day of attendance counted in any one day. However,
kindergartens may count 2 1/2 days of attendance in any 5
consecutive school days. When a pupil attends such a
kindergarten for 2 half days on any one school day, the
pupil shall have the following day as a day absent from
school, unless the school district obtains permission in
writing from the State Superintendent of Education.
Attendance at kindergartens which provide for a full day of
attendance by each pupil shall be counted the same as
attendance by first grade pupils. Only the first year of
attendance in one kindergarten shall be counted, except in
case of children who entered the kindergarten in their
fifth year whose educational development requires a second
year of kindergarten as determined under the rules and
regulations of the State Board of Education.
(i) On the days when the assessment that includes a
college and career ready determination is administered
under subsection (c) of Section 2-3.64a-5 of this Code, the
day of attendance for a pupil whose school day must be
shortened to accommodate required testing procedures may
be less than 5 clock hours and shall be counted towards the
176 days of actual pupil attendance required under Section
10-19 of this Code, provided that a sufficient number of
minutes of school work in excess of 5 clock hours are first
completed on other school days to compensate for the loss
of school work on the examination days.
(j) Pupils enrolled in a remote educational program
established under Section 10-29 of this Code may be counted
on the basis of one-fifth day of attendance for every clock
hour of instruction attended in the remote educational
program, provided that, in any month, the school district
may not claim for a student enrolled in a remote
educational program more days of attendance than the
maximum number of days of attendance the district can claim
(i) for students enrolled in a building holding year-round
classes if the student is classified as participating in
the remote educational program on a year-round schedule or
(ii) for students enrolled in a building not holding
year-round classes if the student is not classified as
participating in the remote educational program on a
year-round schedule.
(G) Equalized Assessed Valuation Data.
(1) For purposes of the calculation of Available Local
Resources required pursuant to subsection (D), the State Board
of Education shall secure from the Department of Revenue the
value as equalized or assessed by the Department of Revenue of
all taxable property of every school district, together with
(i) the applicable tax rate used in extending taxes for the
funds of the district as of September 30 of the previous year
and (ii) the limiting rate for all school districts subject to
property tax extension limitations as imposed under the
Property Tax Extension Limitation Law.
The Department of Revenue shall add to the equalized
assessed value of all taxable property of each school district
situated entirely or partially within a county that is or was
subject to the provisions of Section 15-176 or 15-177 of the
Property Tax Code (a) an amount equal to the total amount by
which the homestead exemption allowed under Section 15-176 or
15-177 of the Property Tax Code for real property situated in
that school district exceeds the total amount that would have
been allowed in that school district if the maximum reduction
under Section 15-176 was (i) $4,500 in Cook County or $3,500 in
all other counties in tax year 2003 or (ii) $5,000 in all
counties in tax year 2004 and thereafter and (b) an amount
equal to the aggregate amount for the taxable year of all
additional exemptions under Section 15-175 of the Property Tax
Code for owners with a household income of $30,000 or less. The
county clerk of any county that is or was subject to the
provisions of Section 15-176 or 15-177 of the Property Tax Code
shall annually calculate and certify to the Department of
Revenue for each school district all homestead exemption
amounts under Section 15-176 or 15-177 of the Property Tax Code
and all amounts of additional exemptions under Section 15-175
of the Property Tax Code for owners with a household income of
$30,000 or less. It is the intent of this paragraph that if the
general homestead exemption for a parcel of property is
determined under Section 15-176 or 15-177 of the Property Tax
Code rather than Section 15-175, then the calculation of
Available Local Resources shall not be affected by the
difference, if any, between the amount of the general homestead
exemption allowed for that parcel of property under Section
15-176 or 15-177 of the Property Tax Code and the amount that
would have been allowed had the general homestead exemption for
that parcel of property been determined under Section 15-175 of
the Property Tax Code. It is further the intent of this
paragraph that if additional exemptions are allowed under
Section 15-175 of the Property Tax Code for owners with a
household income of less than $30,000, then the calculation of
Available Local Resources shall not be affected by the
difference, if any, because of those additional exemptions.
This equalized assessed valuation, as adjusted further by
the requirements of this subsection, shall be utilized in the
calculation of Available Local Resources.
(2) The equalized assessed valuation in paragraph (1) shall
be adjusted, as applicable, in the following manner:
(a) For the purposes of calculating State aid under
this Section, with respect to any part of a school district
within a redevelopment project area in respect to which a
municipality has adopted tax increment allocation
financing pursuant to the Tax Increment Allocation
Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11
of the Illinois Municipal Code or the Industrial Jobs
Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the
Illinois Municipal Code, no part of the current equalized
assessed valuation of real property located in any such
project area which is attributable to an increase above the
total initial equalized assessed valuation of such
property shall be used as part of the equalized assessed
valuation of the district, until such time as all
redevelopment project costs have been paid, as provided in
Section 11-74.4-8 of the Tax Increment Allocation
Redevelopment Act or in Section 11-74.6-35 of the
Industrial Jobs Recovery Law. For the purpose of the
equalized assessed valuation of the district, the total
initial equalized assessed valuation or the current
equalized assessed valuation, whichever is lower, shall be
used until such time as all redevelopment project costs
have been paid.
(b) The real property equalized assessed valuation for
a school district shall be adjusted by subtracting from the
real property value as equalized or assessed by the
Department of Revenue for the district an amount computed
by dividing the amount of any abatement of taxes under
Section 18-170 of the Property Tax Code by 3.00% for a
district maintaining grades kindergarten through 12, by
2.30% for a district maintaining grades kindergarten
through 8, or by 1.05% for a district maintaining grades 9
through 12 and adjusted by an amount computed by dividing
the amount of any abatement of taxes under subsection (a)
of Section 18-165 of the Property Tax Code by the same
percentage rates for district type as specified in this
subparagraph (b).
(3) For the 1999-2000 school year and each school year
thereafter, if a school district meets all of the criteria of
this subsection (G)(3), the school district's Available Local
Resources shall be calculated under subsection (D) using the
district's Extension Limitation Equalized Assessed Valuation
as calculated under this subsection (G)(3).
For purposes of this subsection (G)(3) the following terms
shall have the following meanings:
"Budget Year": The school year for which general State
aid is calculated and awarded under subsection (E).
"Base Tax Year": The property tax levy year used to
calculate the Budget Year allocation of general State aid.
"Preceding Tax Year": The property tax levy year
immediately preceding the Base Tax Year.
"Base Tax Year's Tax Extension": The product of the
equalized assessed valuation utilized by the County Clerk
in the Base Tax Year multiplied by the limiting rate as
calculated by the County Clerk and defined in the Property
Tax Extension Limitation Law.
"Preceding Tax Year's Tax Extension": The product of
the equalized assessed valuation utilized by the County
Clerk in the Preceding Tax Year multiplied by the Operating
Tax Rate as defined in subsection (A).
"Extension Limitation Ratio": A numerical ratio,
certified by the County Clerk, in which the numerator is
the Base Tax Year's Tax Extension and the denominator is
the Preceding Tax Year's Tax Extension.
"Operating Tax Rate": The operating tax rate as defined
in subsection (A).
If a school district is subject to property tax extension
limitations as imposed under the Property Tax Extension
Limitation Law, the State Board of Education shall calculate
the Extension Limitation Equalized Assessed Valuation of that
district. For the 1999-2000 school year, the Extension
Limitation Equalized Assessed Valuation of a school district as
calculated by the State Board of Education shall be equal to
the product of the district's 1996 Equalized Assessed Valuation
and the district's Extension Limitation Ratio. Except as
otherwise provided in this paragraph for a school district that
has approved or does approve an increase in its limiting rate,
for the 2000-2001 school year and each school year thereafter,
the Extension Limitation Equalized Assessed Valuation of a
school district as calculated by the State Board of Education
shall be equal to the product of the Equalized Assessed
Valuation last used in the calculation of general State aid and
the district's Extension Limitation Ratio. If the Extension
Limitation Equalized Assessed Valuation of a school district as
calculated under this subsection (G)(3) is less than the
district's equalized assessed valuation as calculated pursuant
to subsections (G)(1) and (G)(2), then for purposes of
calculating the district's general State aid for the Budget
Year pursuant to subsection (E), that Extension Limitation
Equalized Assessed Valuation shall be utilized to calculate the
district's Available Local Resources under subsection (D). For
the 2009-2010 school year and each school year thereafter, if a
school district has approved or does approve an increase in its
limiting rate, pursuant to Section 18-190 of the Property Tax
Code, affecting the Base Tax Year, the Extension Limitation
Equalized Assessed Valuation of the school district, as
calculated by the State Board of Education, shall be equal to
the product of the Equalized Assessed Valuation last used in
the calculation of general State aid times an amount equal to
one plus the percentage increase, if any, in the Consumer Price
Index for all Urban Consumers for all items published by the
United States Department of Labor for the 12-month calendar
year preceding the Base Tax Year, plus the Equalized Assessed
Valuation of new property, annexed property, and recovered tax
increment value and minus the Equalized Assessed Valuation of
disconnected property. New property and recovered tax
increment value shall have the meanings set forth in the
Property Tax Extension Limitation Law.
Partial elementary unit districts created in accordance
with Article 11E of this Code shall not be eligible for the
adjustment in this subsection (G)(3) until the fifth year
following the effective date of the reorganization.
(3.5) For the 2010-2011 school year and each school year
thereafter, if a school district's boundaries span multiple
counties, then the Department of Revenue shall send to the
State Board of Education, for the purpose of calculating
general State aid, the limiting rate and individual rates by
purpose for the county that contains the majority of the school
district's Equalized Assessed Valuation.
(4) For the purposes of calculating general State aid for
the 1999-2000 school year only, if a school district
experienced a triennial reassessment on the equalized assessed
valuation used in calculating its general State financial aid
apportionment for the 1998-1999 school year, the State Board of
Education shall calculate the Extension Limitation Equalized
Assessed Valuation that would have been used to calculate the
district's 1998-1999 general State aid. This amount shall equal
the product of the equalized assessed valuation used to
calculate general State aid for the 1997-1998 school year and
the district's Extension Limitation Ratio. If the Extension
Limitation Equalized Assessed Valuation of the school district
as calculated under this paragraph (4) is less than the
district's equalized assessed valuation utilized in
calculating the district's 1998-1999 general State aid
allocation, then for purposes of calculating the district's
general State aid pursuant to paragraph (5) of subsection (E),
that Extension Limitation Equalized Assessed Valuation shall
be utilized to calculate the district's Available Local
Resources.
(5) For school districts having a majority of their
equalized assessed valuation in any county except Cook, DuPage,
Kane, Lake, McHenry, or Will, if the amount of general State
aid allocated to the school district for the 1999-2000 school
year under the provisions of subsection (E), (H), and (J) of
this Section is less than the amount of general State aid
allocated to the district for the 1998-1999 school year under
these subsections, then the general State aid of the district
for the 1999-2000 school year only shall be increased by the
difference between these amounts. The total payments made under
this paragraph (5) shall not exceed $14,000,000. Claims shall
be prorated if they exceed $14,000,000.
(H) Supplemental General State Aid.
(1) In addition to the general State aid a school district
is allotted pursuant to subsection (E), qualifying school
districts shall receive a grant, paid in conjunction with a
district's payments of general State aid, for supplemental
general State aid based upon the concentration level of
children from low-income households within the school
district. Supplemental State aid grants provided for school
districts under this subsection shall be appropriated for
distribution to school districts as part of the same line item
in which the general State financial aid of school districts is
appropriated under this Section.
(1.5) This paragraph (1.5) applies only to those school
years preceding the 2003-2004 school year. For purposes of this
subsection (H), the term "Low-Income Concentration Level"
shall be the low-income eligible pupil count from the most
recently available federal census divided by the Average Daily
Attendance of the school district. If, however, (i) the
percentage decrease from the 2 most recent federal censuses in
the low-income eligible pupil count of a high school district
with fewer than 400 students exceeds by 75% or more the
percentage change in the total low-income eligible pupil count
of contiguous elementary school districts, whose boundaries
are coterminous with the high school district, or (ii) a high
school district within 2 counties and serving 5 elementary
school districts, whose boundaries are coterminous with the
high school district, has a percentage decrease from the 2 most
recent federal censuses in the low-income eligible pupil count
and there is a percentage increase in the total low-income
eligible pupil count of a majority of the elementary school
districts in excess of 50% from the 2 most recent federal
censuses, then the high school district's low-income eligible
pupil count from the earlier federal census shall be the number
used as the low-income eligible pupil count for the high school
district, for purposes of this subsection (H). The changes made
to this paragraph (1) by Public Act 92-28 shall apply to
supplemental general State aid grants for school years
preceding the 2003-2004 school year that are paid in fiscal
year 1999 or thereafter and to any State aid payments made in
fiscal year 1994 through fiscal year 1998 pursuant to
subsection 1(n) of Section 18-8 of this Code (which was
repealed on July 1, 1998), and any high school district that is
affected by Public Act 92-28 is entitled to a recomputation of
its supplemental general State aid grant or State aid paid in
any of those fiscal years. This recomputation shall not be
affected by any other funding.
(1.10) This paragraph (1.10) applies to the 2003-2004
school year and each school year thereafter. For purposes of
this subsection (H), the term "Low-Income Concentration Level"
shall, for each fiscal year, be the low-income eligible pupil
count as of July 1 of the immediately preceding fiscal year (as
determined by the Department of Human Services based on the
number of pupils who are eligible for at least one of the
following low income programs: Medicaid, the Children's Health
Insurance Program, TANF, or Food Stamps, excluding pupils who
are eligible for services provided by the Department of
Children and Family Services, averaged over the 2 immediately
preceding fiscal years for fiscal year 2004 and over the 3
immediately preceding fiscal years for each fiscal year
thereafter) divided by the Average Daily Attendance of the
school district.
(2) Supplemental general State aid pursuant to this
subsection (H) shall be provided as follows for the 1998-1999,
1999-2000, and 2000-2001 school years only:
(a) For any school district with a Low Income
Concentration Level of at least 20% and less than 35%, the
grant for any school year shall be $800 multiplied by the
low income eligible pupil count.
(b) For any school district with a Low Income
Concentration Level of at least 35% and less than 50%, the
grant for the 1998-1999 school year shall be $1,100
multiplied by the low income eligible pupil count.
(c) For any school district with a Low Income
Concentration Level of at least 50% and less than 60%, the
grant for the 1998-99 school year shall be $1,500
multiplied by the low income eligible pupil count.
(d) For any school district with a Low Income
Concentration Level of 60% or more, the grant for the
1998-99 school year shall be $1,900 multiplied by the low
income eligible pupil count.
(e) For the 1999-2000 school year, the per pupil amount
specified in subparagraphs (b), (c), and (d) immediately
above shall be increased to $1,243, $1,600, and $2,000,
respectively.
(f) For the 2000-2001 school year, the per pupil
amounts specified in subparagraphs (b), (c), and (d)
immediately above shall be $1,273, $1,640, and $2,050,
respectively.
(2.5) Supplemental general State aid pursuant to this
subsection (H) shall be provided as follows for the 2002-2003
school year:
(a) For any school district with a Low Income
Concentration Level of less than 10%, the grant for each
school year shall be $355 multiplied by the low income
eligible pupil count.
(b) For any school district with a Low Income
Concentration Level of at least 10% and less than 20%, the
grant for each school year shall be $675 multiplied by the
low income eligible pupil count.
(c) For any school district with a Low Income
Concentration Level of at least 20% and less than 35%, the
grant for each school year shall be $1,330 multiplied by
the low income eligible pupil count.
(d) For any school district with a Low Income
Concentration Level of at least 35% and less than 50%, the
grant for each school year shall be $1,362 multiplied by
the low income eligible pupil count.
(e) For any school district with a Low Income
Concentration Level of at least 50% and less than 60%, the
grant for each school year shall be $1,680 multiplied by
the low income eligible pupil count.
(f) For any school district with a Low Income
Concentration Level of 60% or more, the grant for each
school year shall be $2,080 multiplied by the low income
eligible pupil count.
(2.10) Except as otherwise provided, supplemental general
State aid pursuant to this subsection (H) shall be provided as
follows for the 2003-2004 school year and each school year
thereafter:
(a) For any school district with a Low Income
Concentration Level of 15% or less, the grant for each
school year shall be $355 multiplied by the low income
eligible pupil count.
(b) For any school district with a Low Income
Concentration Level greater than 15%, the grant for each
school year shall be $294.25 added to the product of $2,700
and the square of the Low Income Concentration Level, all
multiplied by the low income eligible pupil count.
For the 2003-2004 school year and each school year
thereafter through the 2008-2009 school year only, the grant
shall be no less than the grant for the 2002-2003 school year.
For the 2009-2010 school year only, the grant shall be no less
than the grant for the 2002-2003 school year multiplied by
0.66. For the 2010-2011 school year only, the grant shall be no
less than the grant for the 2002-2003 school year multiplied by
0.33. Notwithstanding the provisions of this paragraph to the
contrary, if for any school year supplemental general State aid
grants are prorated as provided in paragraph (1) of this
subsection (H), then the grants under this paragraph shall be
prorated.
For the 2003-2004 school year only, the grant shall be no
greater than the grant received during the 2002-2003 school
year added to the product of 0.25 multiplied by the difference
between the grant amount calculated under subsection (a) or (b)
of this paragraph (2.10), whichever is applicable, and the
grant received during the 2002-2003 school year. For the
2004-2005 school year only, the grant shall be no greater than
the grant received during the 2002-2003 school year added to
the product of 0.50 multiplied by the difference between the
grant amount calculated under subsection (a) or (b) of this
paragraph (2.10), whichever is applicable, and the grant
received during the 2002-2003 school year. For the 2005-2006
school year only, the grant shall be no greater than the grant
received during the 2002-2003 school year added to the product
of 0.75 multiplied by the difference between the grant amount
calculated under subsection (a) or (b) of this paragraph
(2.10), whichever is applicable, and the grant received during
the 2002-2003 school year.
(3) School districts with an Average Daily Attendance of
more than 1,000 and less than 50,000 that qualify for
supplemental general State aid pursuant to this subsection
shall submit a plan to the State Board of Education prior to
October 30 of each year for the use of the funds resulting from
this grant of supplemental general State aid for the
improvement of instruction in which priority is given to
meeting the education needs of disadvantaged children. Such
plan shall be submitted in accordance with rules and
regulations promulgated by the State Board of Education.
(4) School districts with an Average Daily Attendance of
50,000 or more that qualify for supplemental general State aid
pursuant to this subsection shall be required to distribute
from funds available pursuant to this Section, no less than
$261,000,000 in accordance with the following requirements:
(a) The required amounts shall be distributed to the
attendance centers within the district in proportion to the
number of pupils enrolled at each attendance center who are
eligible to receive free or reduced-price lunches or
breakfasts under the federal Child Nutrition Act of 1966
and under the National School Lunch Act during the
immediately preceding school year.
(b) The distribution of these portions of supplemental
and general State aid among attendance centers according to
these requirements shall not be compensated for or
contravened by adjustments of the total of other funds
appropriated to any attendance centers, and the Board of
Education shall utilize funding from one or several sources
in order to fully implement this provision annually prior
to the opening of school.
(c) Each attendance center shall be provided by the
school district a distribution of noncategorical funds and
other categorical funds to which an attendance center is
entitled under law in order that the general State aid and
supplemental general State aid provided by application of
this subsection supplements rather than supplants the
noncategorical funds and other categorical funds provided
by the school district to the attendance centers.
(d) Any funds made available under this subsection that
by reason of the provisions of this subsection are not
required to be allocated and provided to attendance centers
may be used and appropriated by the board of the district
for any lawful school purpose.
(e) Funds received by an attendance center pursuant to
this subsection shall be used by the attendance center at
the discretion of the principal and local school council
for programs to improve educational opportunities at
qualifying schools through the following programs and
services: early childhood education, reduced class size or
improved adult to student classroom ratio, enrichment
programs, remedial assistance, attendance improvement, and
other educationally beneficial expenditures which
supplement the regular and basic programs as determined by
the State Board of Education. Funds provided shall not be
expended for any political or lobbying purposes as defined
by board rule.
(f) Each district subject to the provisions of this
subdivision (H)(4) shall submit an acceptable plan to meet
the educational needs of disadvantaged children, in
compliance with the requirements of this paragraph, to the
State Board of Education prior to July 15 of each year.
This plan shall be consistent with the decisions of local
school councils concerning the school expenditure plans
developed in accordance with part 4 of Section 34-2.3. The
State Board shall approve or reject the plan within 60 days
after its submission. If the plan is rejected, the district
shall give written notice of intent to modify the plan
within 15 days of the notification of rejection and then
submit a modified plan within 30 days after the date of the
written notice of intent to modify. Districts may amend
approved plans pursuant to rules promulgated by the State
Board of Education.
Upon notification by the State Board of Education that
the district has not submitted a plan prior to July 15 or a
modified plan within the time period specified herein, the
State aid funds affected by that plan or modified plan
shall be withheld by the State Board of Education until a
plan or modified plan is submitted.
If the district fails to distribute State aid to
attendance centers in accordance with an approved plan, the
plan for the following year shall allocate funds, in
addition to the funds otherwise required by this
subsection, to those attendance centers which were
underfunded during the previous year in amounts equal to
such underfunding.
For purposes of determining compliance with this
subsection in relation to the requirements of attendance
center funding, each district subject to the provisions of
this subsection shall submit as a separate document by
December 1 of each year a report of expenditure data for
the prior year in addition to any modification of its
current plan. If it is determined that there has been a
failure to comply with the expenditure provisions of this
subsection regarding contravention or supplanting, the
State Superintendent of Education shall, within 60 days of
receipt of the report, notify the district and any affected
local school council. The district shall within 45 days of
receipt of that notification inform the State
Superintendent of Education of the remedial or corrective
action to be taken, whether by amendment of the current
plan, if feasible, or by adjustment in the plan for the
following year. Failure to provide the expenditure report
or the notification of remedial or corrective action in a
timely manner shall result in a withholding of the affected
funds.
The State Board of Education shall promulgate rules and
regulations to implement the provisions of this
subsection. No funds shall be released under this
subdivision (H)(4) to any district that has not submitted a
plan that has been approved by the State Board of
Education.
(I) (Blank).
(J) (Blank).
(K) Grants to Laboratory and Alternative Schools.
In calculating the amount to be paid to the governing board
of a public university that operates a laboratory school under
this Section or to any alternative school that is operated by a
regional superintendent of schools, the State Board of
Education shall require by rule such reporting requirements as
it deems necessary.
As used in this Section, "laboratory school" means a public
school which is created and operated by a public university and
approved by the State Board of Education. The governing board
of a public university which receives funds from the State
Board under this subsection (K) may not increase the number of
students enrolled in its laboratory school from a single
district, if that district is already sending 50 or more
students, except under a mutual agreement between the school
board of a student's district of residence and the university
which operates the laboratory school. A laboratory school may
not have more than 1,000 students, excluding students with
disabilities in a special education program.
As used in this Section, "alternative school" means a
public school which is created and operated by a Regional
Superintendent of Schools and approved by the State Board of
Education. Such alternative schools may offer courses of
instruction for which credit is given in regular school
programs, courses to prepare students for the high school
equivalency testing program or vocational and occupational
training. A regional superintendent of schools may contract
with a school district or a public community college district
to operate an alternative school. An alternative school serving
more than one educational service region may be established by
the regional superintendents of schools of the affected
educational service regions. An alternative school serving
more than one educational service region may be operated under
such terms as the regional superintendents of schools of those
educational service regions may agree.
Each laboratory and alternative school shall file, on forms
provided by the State Superintendent of Education, an annual
State aid claim which states the Average Daily Attendance of
the school's students by month. The best 3 months' Average
Daily Attendance shall be computed for each school. The general
State aid entitlement shall be computed by multiplying the
applicable Average Daily Attendance by the Foundation Level as
determined under this Section.
(L) Payments, Additional Grants in Aid and Other Requirements.
(1) For a school district operating under the financial
supervision of an Authority created under Article 34A, the
general State aid otherwise payable to that district under this
Section, but not the supplemental general State aid, shall be
reduced by an amount equal to the budget for the operations of
the Authority as certified by the Authority to the State Board
of Education, and an amount equal to such reduction shall be
paid to the Authority created for such district for its
operating expenses in the manner provided in Section 18-11. The
remainder of general State school aid for any such district
shall be paid in accordance with Article 34A when that Article
provides for a disposition other than that provided by this
Article.
(2) (Blank).
(3) Summer school. Summer school payments shall be made as
provided in Section 18-4.3.
(M) Education Funding Advisory Board.
The Education Funding Advisory Board, hereinafter in this
subsection (M) referred to as the "Board", is hereby created.
The Board shall consist of 5 members who are appointed by the
Governor, by and with the advice and consent of the Senate. The
members appointed shall include representatives of education,
business, and the general public. One of the members so
appointed shall be designated by the Governor at the time the
appointment is made as the chairperson of the Board. The
initial members of the Board may be appointed any time after
the effective date of this amendatory Act of 1997. The regular
term of each member of the Board shall be for 4 years from the
third Monday of January of the year in which the term of the
member's appointment is to commence, except that of the 5
initial members appointed to serve on the Board, the member who
is appointed as the chairperson shall serve for a term that
commences on the date of his or her appointment and expires on
the third Monday of January, 2002, and the remaining 4 members,
by lots drawn at the first meeting of the Board that is held
after all 5 members are appointed, shall determine 2 of their
number to serve for terms that commence on the date of their
respective appointments and expire on the third Monday of
January, 2001, and 2 of their number to serve for terms that
commence on the date of their respective appointments and
expire on the third Monday of January, 2000. All members
appointed to serve on the Board shall serve until their
respective successors are appointed and confirmed. Vacancies
shall be filled in the same manner as original appointments. If
a vacancy in membership occurs at a time when the Senate is not
in session, the Governor shall make a temporary appointment
until the next meeting of the Senate, when he or she shall
appoint, by and with the advice and consent of the Senate, a
person to fill that membership for the unexpired term. If the
Senate is not in session when the initial appointments are
made, those appointments shall be made as in the case of
vacancies.
The Education Funding Advisory Board shall be deemed
established, and the initial members appointed by the Governor
to serve as members of the Board shall take office, on the date
that the Governor makes his or her appointment of the fifth
initial member of the Board, whether those initial members are
then serving pursuant to appointment and confirmation or
pursuant to temporary appointments that are made by the
Governor as in the case of vacancies.
The State Board of Education shall provide such staff
assistance to the Education Funding Advisory Board as is
reasonably required for the proper performance by the Board of
its responsibilities.
For school years after the 2000-2001 school year, the
Education Funding Advisory Board, in consultation with the
State Board of Education, shall make recommendations as
provided in this subsection (M) to the General Assembly for the
foundation level under subdivision (B)(3) of this Section and
for the supplemental general State aid grant level under
subsection (H) of this Section for districts with high
concentrations of children from poverty. The recommended
foundation level shall be determined based on a methodology
which incorporates the basic education expenditures of
low-spending schools exhibiting high academic performance. The
Education Funding Advisory Board shall make such
recommendations to the General Assembly on January 1 of odd
numbered years, beginning January 1, 2001.
(N) (Blank).
(O) References.
(1) References in other laws to the various subdivisions of
Section 18-8 as that Section existed before its repeal and
replacement by this Section 18-8.05 shall be deemed to refer to
the corresponding provisions of this Section 18-8.05, to the
extent that those references remain applicable.
(2) References in other laws to State Chapter 1 funds shall
be deemed to refer to the supplemental general State aid
provided under subsection (H) of this Section.
(P) Public Act 93-838 and Public Act 93-808 make inconsistent
changes to this Section. Under Section 6 of the Statute on
Statutes there is an irreconcilable conflict between Public Act
93-808 and Public Act 93-838. Public Act 93-838, being the last
acted upon, is controlling. The text of Public Act 93-838 is
the law regardless of the text of Public Act 93-808.
(Q) State Fiscal Year 2015 Payments.
For payments made for State fiscal year 2015, the State
Board of Education shall, for each school district, calculate
that district's pro-rata share of a minimum sum of $13,600,000
or additional amounts as needed from the total net General
State Aid funding as calculated under this Section that shall
be deemed attributable to the provision of special educational
facilities and services, as defined in Section 14-1.08 of this
Code, in a manner that ensures compliance with maintenance of
State financial support requirements under the federal
Individuals with Disabilities Education Act. Each school
district must use such funds only for the provision of special
educational facilities and services, as defined in Section
14-1.08 of this Code, and must comply with any expenditure
verification procedures adopted by the State Board of
Education.
(R) State Fiscal Year 2016 Payments.
For payments made for State fiscal year 2016, the State
Board of Education shall, for each school district, calculate
that district's pro rata share of a minimum sum of $1 or
additional amounts as needed from the total net General State
Aid funding as calculated under this Section that shall be
deemed attributable to the provision of special educational
facilities and services, as defined in Section 14-1.08 of this
Code, in a manner that ensures compliance with maintenance of
State financial support requirements under the federal
Individuals with Disabilities Education Act. Each school
district must use such funds only for the provision of special
educational facilities and services, as defined in Section
14-1.08 of this Code, and must comply with any expenditure
verification procedures adopted by the State Board of
Education.
(S) State Fiscal Year 2017 Payments.
For payments made for State fiscal year 2017, the State
Board of Education shall, for each school district, calculate
that district's pro rata share of a minimum sum of $1 or
additional amounts as needed from the total net General State
Aid funding as calculated under this Section that shall be
deemed attributable to the provision of special educational
facilities and services, as defined in Section 14-1.08 of this
Code, in a manner that ensures compliance with maintenance of
State financial support requirements under the federal
Individuals with Disabilities Education Act. Each school
district must use such funds only for the provision of special
educational facilities and services, as defined in Section
14-1.08 of this Code, and must comply with any expenditure
verification procedures adopted by the State Board of
Education.
(T) State Fiscal Year 2018 Payments.
For payments made for State fiscal year 2018, the State
Board of Education shall, for each school district, calculate
that district's pro rata share of a minimum sum of $1 or
additional amounts as needed from the total net evidence-based
funding as calculated under Section 18-8.15 of this Code that
shall be deemed attributable to the provision of special
educational facilities and services, as defined in Section
14-1.08 of this Code, in a manner that ensures compliance with
maintenance of State financial support requirements under the
federal Individuals with Disabilities Education Act. Each
school district must use such funds only for the provision of
special educational facilities and services, as defined in
Section 14-1.08 of this Code, and must comply with any
expenditure verification procedures adopted by the State Board
of Education.
(Source: P.A. 98-972, eff. 8-15-14; 99-2, eff. 3-26-15; 99-194,
eff. 7-30-15; 99-523, eff. 6-30-16.)
Section 5-45. The Illinois Public Aid Code is amended by
changing Section 5-5.4 and by adding Sections 5-5.08 and 5-5.4i
as follows:
305 ILCS 5/5-5.08 new
Sec. 5-5.08. Dialysis center funding. Notwithstanding any
other provision of law, the add-on Medicaid payments to
hospitals and freestanding chronic dialysis centers
established under 89 Illinois Administrative Code
148.140(g)(4) for dates of service July 1, 2013 through June
30, 2015 is restored and in effect for dates of service on and
after July 1, 2015 with no end date for such payments.
(305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
Sec. 5-5.4. Standards of Payment - Department of Healthcare
and Family Services. The Department of Healthcare and Family
Services shall develop standards of payment of nursing facility
and ICF/DD services in facilities providing such services under
this Article which:
(1) Provide for the determination of a facility's payment
for nursing facility or ICF/DD services on a prospective basis.
The amount of the payment rate for all nursing facilities
certified by the Department of Public Health under the ID/DD
Community Care Act or the Nursing Home Care Act as Intermediate
Care for the Developmentally Disabled facilities, Long Term
Care for Under Age 22 facilities, Skilled Nursing facilities,
or Intermediate Care facilities under the medical assistance
program shall be prospectively established annually on the
basis of historical, financial, and statistical data
reflecting actual costs from prior years, which shall be
applied to the current rate year and updated for inflation,
except that the capital cost element for newly constructed
facilities shall be based upon projected budgets. The annually
established payment rate shall take effect on July 1 in 1984
and subsequent years. No rate increase and no update for
inflation shall be provided on or after July 1, 1994, unless
specifically provided for in this Section. The changes made by
Public Act 93-841 extending the duration of the prohibition
against a rate increase or update for inflation are effective
retroactive to July 1, 2004.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or Long Term Care for Under
Age 22 facilities, the rates taking effect on July 1, 1998
shall include an increase of 3%. For facilities licensed by the
Department of Public Health under the Nursing Home Care Act as
Skilled Nursing facilities or Intermediate Care facilities,
the rates taking effect on July 1, 1998 shall include an
increase of 3% plus $1.10 per resident-day, as defined by the
Department. For facilities licensed by the Department of Public
Health under the Nursing Home Care Act as Intermediate Care
Facilities for the Developmentally Disabled or Long Term Care
for Under Age 22 facilities, the rates taking effect on January
1, 2006 shall include an increase of 3%. For facilities
licensed by the Department of Public Health under the Nursing
Home Care Act as Intermediate Care Facilities for the
Developmentally Disabled or Long Term Care for Under Age 22
facilities, the rates taking effect on January 1, 2009 shall
include an increase sufficient to provide a $0.50 per hour wage
increase for non-executive staff. For facilities licensed by
the Department of Public Health under the ID/DD Community Care
Act as ID/DD Facilities the rates taking effect within 30 days
after the effective date of this amendatory Act of the 100th
General Assembly shall include an increase sufficient to
provide a $0.75 per hour wage increase for non-executive staff.
The Department shall adopt rules, including emergency rules
under subsection (y) of Section 5-45 of the Illinois
Administrative Procedure Act, to implement the provisions of
this paragraph.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or Long Term Care for Under
Age 22 facilities, the rates taking effect on July 1, 1999
shall include an increase of 1.6% plus $3.00 per resident-day,
as defined by the Department. For facilities licensed by the
Department of Public Health under the Nursing Home Care Act as
Skilled Nursing facilities or Intermediate Care facilities,
the rates taking effect on July 1, 1999 shall include an
increase of 1.6% and, for services provided on or after October
1, 1999, shall be increased by $4.00 per resident-day, as
defined by the Department.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or Long Term Care for Under
Age 22 facilities, the rates taking effect on July 1, 2000
shall include an increase of 2.5% per resident-day, as defined
by the Department. For facilities licensed by the Department of
Public Health under the Nursing Home Care Act as Skilled
Nursing facilities or Intermediate Care facilities, the rates
taking effect on July 1, 2000 shall include an increase of 2.5%
per resident-day, as defined by the Department.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as skilled nursing facilities
or intermediate care facilities, a new payment methodology must
be implemented for the nursing component of the rate effective
July 1, 2003. The Department of Public Aid (now Healthcare and
Family Services) shall develop the new payment methodology
using the Minimum Data Set (MDS) as the instrument to collect
information concerning nursing home resident condition
necessary to compute the rate. The Department shall develop the
new payment methodology to meet the unique needs of Illinois
nursing home residents while remaining subject to the
appropriations provided by the General Assembly. A transition
period from the payment methodology in effect on June 30, 2003
to the payment methodology in effect on July 1, 2003 shall be
provided for a period not exceeding 3 years and 184 days after
implementation of the new payment methodology as follows:
(A) For a facility that would receive a lower nursing
component rate per patient day under the new system than
the facility received effective on the date immediately
preceding the date that the Department implements the new
payment methodology, the nursing component rate per
patient day for the facility shall be held at the level in
effect on the date immediately preceding the date that the
Department implements the new payment methodology until a
higher nursing component rate of reimbursement is achieved
by that facility.
(B) For a facility that would receive a higher nursing
component rate per patient day under the payment
methodology in effect on July 1, 2003 than the facility
received effective on the date immediately preceding the
date that the Department implements the new payment
methodology, the nursing component rate per patient day for
the facility shall be adjusted.
(C) Notwithstanding paragraphs (A) and (B), the
nursing component rate per patient day for the facility
shall be adjusted subject to appropriations provided by the
General Assembly.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or Long Term Care for Under
Age 22 facilities, the rates taking effect on March 1, 2001
shall include a statewide increase of 7.85%, as defined by the
Department.
Notwithstanding any other provision of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as skilled nursing facilities or
intermediate care facilities, except facilities participating
in the Department's demonstration program pursuant to the
provisions of Title 77, Part 300, Subpart T of the Illinois
Administrative Code, the numerator of the ratio used by the
Department of Healthcare and Family Services to compute the
rate payable under this Section using the Minimum Data Set
(MDS) methodology shall incorporate the following annual
amounts as the additional funds appropriated to the Department
specifically to pay for rates based on the MDS nursing
component methodology in excess of the funding in effect on
December 31, 2006:
(i) For rates taking effect January 1, 2007,
$60,000,000.
(ii) For rates taking effect January 1, 2008,
$110,000,000.
(iii) For rates taking effect January 1, 2009,
$194,000,000.
(iv) For rates taking effect April 1, 2011, or the
first day of the month that begins at least 45 days after
the effective date of this amendatory Act of the 96th
General Assembly, $416,500,000 or an amount as may be
necessary to complete the transition to the MDS methodology
for the nursing component of the rate. Increased payments
under this item (iv) are not due and payable, however,
until (i) the methodologies described in this paragraph are
approved by the federal government in an appropriate State
Plan amendment and (ii) the assessment imposed by Section
5B-2 of this Code is determined to be a permissible tax
under Title XIX of the Social Security Act.
Notwithstanding any other provision of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as skilled nursing facilities or
intermediate care facilities, the support component of the
rates taking effect on January 1, 2008 shall be computed using
the most recent cost reports on file with the Department of
Healthcare and Family Services no later than April 1, 2005,
updated for inflation to January 1, 2006.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or Long Term Care for Under
Age 22 facilities, the rates taking effect on April 1, 2002
shall include a statewide increase of 2.0%, as defined by the
Department. This increase terminates on July 1, 2002; beginning
July 1, 2002 these rates are reduced to the level of the rates
in effect on March 31, 2002, as defined by the Department.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as skilled nursing facilities
or intermediate care facilities, the rates taking effect on
July 1, 2001 shall be computed using the most recent cost
reports on file with the Department of Public Aid no later than
April 1, 2000, updated for inflation to January 1, 2001. For
rates effective July 1, 2001 only, rates shall be the greater
of the rate computed for July 1, 2001 or the rate effective on
June 30, 2001.
Notwithstanding any other provision of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as skilled nursing facilities or
intermediate care facilities, the Illinois Department shall
determine by rule the rates taking effect on July 1, 2002,
which shall be 5.9% less than the rates in effect on June 30,
2002.
Notwithstanding any other provision of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as skilled nursing facilities or
intermediate care facilities, if the payment methodologies
required under Section 5A-12 and the waiver granted under 42
CFR 433.68 are approved by the United States Centers for
Medicare and Medicaid Services, the rates taking effect on July
1, 2004 shall be 3.0% greater than the rates in effect on June
30, 2004. These rates shall take effect only upon approval and
implementation of the payment methodologies required under
Section 5A-12.
Notwithstanding any other provisions of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as skilled nursing facilities or
intermediate care facilities, the rates taking effect on
January 1, 2005 shall be 3% more than the rates in effect on
December 31, 2004.
Notwithstanding any other provision of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as skilled nursing facilities or
intermediate care facilities, effective January 1, 2009, the
per diem support component of the rates effective on January 1,
2008, computed using the most recent cost reports on file with
the Department of Healthcare and Family Services no later than
April 1, 2005, updated for inflation to January 1, 2006, shall
be increased to the amount that would have been derived using
standard Department of Healthcare and Family Services methods,
procedures, and inflators.
Notwithstanding any other provisions of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as intermediate care facilities that
are federally defined as Institutions for Mental Disease, or
facilities licensed by the Department of Public Health under
the Specialized Mental Health Rehabilitation Act of 2013, a
socio-development component rate equal to 6.6% of the
facility's nursing component rate as of January 1, 2006 shall
be established and paid effective July 1, 2006. The
socio-development component of the rate shall be increased by a
factor of 2.53 on the first day of the month that begins at
least 45 days after January 11, 2008 (the effective date of
Public Act 95-707). As of August 1, 2008, the socio-development
component rate shall be equal to 6.6% of the facility's nursing
component rate as of January 1, 2006, multiplied by a factor of
3.53. For services provided on or after April 1, 2011, or the
first day of the month that begins at least 45 days after the
effective date of this amendatory Act of the 96th General
Assembly, whichever is later, the Illinois Department may by
rule adjust these socio-development component rates, and may
use different adjustment methodologies for those facilities
participating, and those not participating, in the Illinois
Department's demonstration program pursuant to the provisions
of Title 77, Part 300, Subpart T of the Illinois Administrative
Code, but in no case may such rates be diminished below those
in effect on August 1, 2008.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or as long-term care
facilities for residents under 22 years of age, the rates
taking effect on July 1, 2003 shall include a statewide
increase of 4%, as defined by the Department.
For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or Long Term Care for Under
Age 22 facilities, the rates taking effect on the first day of
the month that begins at least 45 days after the effective date
of this amendatory Act of the 95th General Assembly shall
include a statewide increase of 2.5%, as defined by the
Department.
Notwithstanding any other provision of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as skilled nursing facilities or
intermediate care facilities, effective January 1, 2005,
facility rates shall be increased by the difference between (i)
a facility's per diem property, liability, and malpractice
insurance costs as reported in the cost report filed with the
Department of Public Aid and used to establish rates effective
July 1, 2001 and (ii) those same costs as reported in the
facility's 2002 cost report. These costs shall be passed
through to the facility without caps or limitations, except for
adjustments required under normal auditing procedures.
Rates established effective each July 1 shall govern
payment for services rendered throughout that fiscal year,
except that rates established on July 1, 1996 shall be
increased by 6.8% for services provided on or after January 1,
1997. Such rates will be based upon the rates calculated for
the year beginning July 1, 1990, and for subsequent years
thereafter until June 30, 2001 shall be based on the facility
cost reports for the facility fiscal year ending at any point
in time during the previous calendar year, updated to the
midpoint of the rate year. The cost report shall be on file
with the Department no later than April 1 of the current rate
year. Should the cost report not be on file by April 1, the
Department shall base the rate on the latest cost report filed
by each skilled care facility and intermediate care facility,
updated to the midpoint of the current rate year. In
determining rates for services rendered on and after July 1,
1985, fixed time shall not be computed at less than zero. The
Department shall not make any alterations of regulations which
would reduce any component of the Medicaid rate to a level
below what that component would have been utilizing in the rate
effective on July 1, 1984.
(2) Shall take into account the actual costs incurred by
facilities in providing services for recipients of skilled
nursing and intermediate care services under the medical
assistance program.
(3) Shall take into account the medical and psycho-social
characteristics and needs of the patients.
(4) Shall take into account the actual costs incurred by
facilities in meeting licensing and certification standards
imposed and prescribed by the State of Illinois, any of its
political subdivisions or municipalities and by the U.S.
Department of Health and Human Services pursuant to Title XIX
of the Social Security Act.
The Department of Healthcare and Family Services shall
develop precise standards for payments to reimburse nursing
facilities for any utilization of appropriate rehabilitative
personnel for the provision of rehabilitative services which is
authorized by federal regulations, including reimbursement for
services provided by qualified therapists or qualified
assistants, and which is in accordance with accepted
professional practices. Reimbursement also may be made for
utilization of other supportive personnel under appropriate
supervision.
The Department shall develop enhanced payments to offset
the additional costs incurred by a facility serving exceptional
need residents and shall allocate at least $4,000,000 of the
funds collected from the assessment established by Section 5B-2
of this Code for such payments. For the purpose of this
Section, "exceptional needs" means, but need not be limited to,
ventilator care and traumatic brain injury care. The enhanced
payments for exceptional need residents under this paragraph
are not due and payable, however, until (i) the methodologies
described in this paragraph are approved by the federal
government in an appropriate State Plan amendment and (ii) the
assessment imposed by Section 5B-2 of this Code is determined
to be a permissible tax under Title XIX of the Social Security
Act.
Beginning January 1, 2014 the methodologies for
reimbursement of nursing facility services as provided under
this Section 5-5.4 shall no longer be applicable for services
provided on or after January 1, 2014.
No payment increase under this Section for the MDS
methodology, exceptional care residents, or the
socio-development component rate established by Public Act
96-1530 of the 96th General Assembly and funded by the
assessment imposed under Section 5B-2 of this Code shall be due
and payable until after the Department notifies the long-term
care providers, in writing, that the payment methodologies to
long-term care providers required under this Section have been
approved by the Centers for Medicare and Medicaid Services of
the U.S. Department of Health and Human Services and the
waivers under 42 CFR 433.68 for the assessment imposed by this
Section, if necessary, have been granted by the Centers for
Medicare and Medicaid Services of the U.S. Department of Health
and Human Services. Upon notification to the Department of
approval of the payment methodologies required under this
Section and the waivers granted under 42 CFR 433.68, all
increased payments otherwise due under this Section prior to
the date of notification shall be due and payable within 90
days of the date federal approval is received.
On and after July 1, 2012, the Department shall reduce any
rate of reimbursement for services or other payments or alter
any methodologies authorized by this Code to reduce any rate of
reimbursement for services or other payments in accordance with
Section 5-5e.
(Source: P.A. 97-10, eff. 6-14-11; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-584, eff. 8-26-11; 97-689, eff. 6-14-12;
97-813, eff. 7-13-12; 98-24, eff. 6-19-13; 98-104, eff.
7-22-13; 98-756, eff. 7-16-14.)
(305 ILCS 5/5-5.4i new)
Sec. 5-5.4i. Rates and reimbursements. Within 30 days after
the effective date of this amendatory Act of the 100th General
Assembly, the Department shall increase rates and
reimbursements to fund a minimum of a $0.75 per hour wage
increase for front-line personnel, including, but not limited
to, direct support persons, aides, front-line supervisors,
qualified intellectual disabilities professionals, nurses, and
non-administrative support staff working in community-based
provider organizations serving individuals with developmental
disabilities. The Department shall adopt rules, including
emergency rules under subsection (y) of Section 5-45 of the
Illinois Administrative Procedure Act, to implement the
provisions of this Section.
ARTICLE 10. RETIREMENT CONTRIBUTIONS
Section 10-5. The State Finance Act is amended by changing
Sections 8.12 and 14.1 as follows:
(30 ILCS 105/8.12) (from Ch. 127, par. 144.12)
Sec. 8.12. State Pensions Fund.
(a) The moneys in the State Pensions Fund shall be used
exclusively for the administration of the Uniform Disposition
of Unclaimed Property Act and for the expenses incurred by the
Auditor General for administering the provisions of Section
2-8.1 of the Illinois State Auditing Act and for the funding of
the unfunded liabilities of the designated retirement systems.
Beginning in State fiscal year 2019 2018, payments to the
designated retirement systems under this Section shall be in
addition to, and not in lieu of, any State contributions
required under the Illinois Pension Code.
"Designated retirement systems" means:
(1) the State Employees' Retirement System of
Illinois;
(2) the Teachers' Retirement System of the State of
Illinois;
(3) the State Universities Retirement System;
(4) the Judges Retirement System of Illinois; and
(5) the General Assembly Retirement System.
(b) Each year the General Assembly may make appropriations
from the State Pensions Fund for the administration of the
Uniform Disposition of Unclaimed Property Act.
Each month, the Commissioner of the Office of Banks and
Real Estate shall certify to the State Treasurer the actual
expenditures that the Office of Banks and Real Estate incurred
conducting unclaimed property examinations under the Uniform
Disposition of Unclaimed Property Act during the immediately
preceding month. Within a reasonable time following the
acceptance of such certification by the State Treasurer, the
State Treasurer shall pay from its appropriation from the State
Pensions Fund to the Bank and Trust Company Fund, the Savings
Bank Regulatory Fund, and the Residential Finance Regulatory
Fund an amount equal to the expenditures incurred by each Fund
for that month.
Each month, the Director of Financial Institutions shall
certify to the State Treasurer the actual expenditures that the
Department of Financial Institutions incurred conducting
unclaimed property examinations under the Uniform Disposition
of Unclaimed Property Act during the immediately preceding
month. Within a reasonable time following the acceptance of
such certification by the State Treasurer, the State Treasurer
shall pay from its appropriation from the State Pensions Fund
to the Financial Institution Fund and the Credit Union Fund an
amount equal to the expenditures incurred by each Fund for that
month.
(c) As soon as possible after the effective date of this
amendatory Act of the 93rd General Assembly, the General
Assembly shall appropriate from the State Pensions Fund (1) to
the State Universities Retirement System the amount certified
under Section 15-165 during the prior year, (2) to the Judges
Retirement System of Illinois the amount certified under
Section 18-140 during the prior year, and (3) to the General
Assembly Retirement System the amount certified under Section
2-134 during the prior year as part of the required State
contributions to each of those designated retirement systems;
except that amounts appropriated under this subsection (c) in
State fiscal year 2005 shall not reduce the amount in the State
Pensions Fund below $5,000,000. If the amount in the State
Pensions Fund does not exceed the sum of the amounts certified
in Sections 15-165, 18-140, and 2-134 by at least $5,000,000,
the amount paid to each designated retirement system under this
subsection shall be reduced in proportion to the amount
certified by each of those designated retirement systems.
(c-5) For fiscal years 2006 through 2018 2017, the General
Assembly shall appropriate from the State Pensions Fund to the
State Universities Retirement System the amount estimated to be
available during the fiscal year in the State Pensions Fund;
provided, however, that the amounts appropriated under this
subsection (c-5) shall not reduce the amount in the State
Pensions Fund below $5,000,000.
(c-6) For fiscal year 2019 2018 and each fiscal year
thereafter, as soon as may be practical after any money is
deposited into the State Pensions Fund from the Unclaimed
Property Trust Fund, the State Treasurer shall apportion the
deposited amount among the designated retirement systems as
defined in subsection (a) to reduce their actuarial reserve
deficiencies. The State Comptroller and State Treasurer shall
pay the apportioned amounts to the designated retirement
systems to fund the unfunded liabilities of the designated
retirement systems. The amount apportioned to each designated
retirement system shall constitute a portion of the amount
estimated to be available for appropriation from the State
Pensions Fund that is the same as that retirement system's
portion of the total actual reserve deficiency of the systems,
as determined annually by the Governor's Office of Management
and Budget at the request of the State Treasurer. The amounts
apportioned under this subsection shall not reduce the amount
in the State Pensions Fund below $5,000,000.
(d) The Governor's Office of Management and Budget shall
determine the individual and total reserve deficiencies of the
designated retirement systems. For this purpose, the
Governor's Office of Management and Budget shall utilize the
latest available audit and actuarial reports of each of the
retirement systems and the relevant reports and statistics of
the Public Employee Pension Fund Division of the Department of
Insurance.
(d-1) As soon as practicable after the effective date of
this amendatory Act of the 93rd General Assembly, the
Comptroller shall direct and the Treasurer shall transfer from
the State Pensions Fund to the General Revenue Fund, as funds
become available, a sum equal to the amounts that would have
been paid from the State Pensions Fund to the Teachers'
Retirement System of the State of Illinois, the State
Universities Retirement System, the Judges Retirement System
of Illinois, the General Assembly Retirement System, and the
State Employees' Retirement System of Illinois after the
effective date of this amendatory Act during the remainder of
fiscal year 2004 to the designated retirement systems from the
appropriations provided for in this Section if the transfers
provided in Section 6z-61 had not occurred. The transfers
described in this subsection (d-1) are to partially repay the
General Revenue Fund for the costs associated with the bonds
used to fund the moneys transferred to the designated
retirement systems under Section 6z-61.
(e) The changes to this Section made by this amendatory Act
of 1994 shall first apply to distributions from the Fund for
State fiscal year 1996.
(Source: P.A. 98-24, eff. 6-19-13; 98-463, eff. 8-16-13;
98-674, eff. 6-30-14; 98-1081, eff. 1-1-15; 99-8, eff. 7-9-15;
99-78, eff. 7-20-15; 99-523, eff. 6-30-16.)
(30 ILCS 105/14.1) (from Ch. 127, par. 150.1)
Sec. 14.1. Appropriations for State contributions to the
State Employees' Retirement System; payroll requirements.
(a) Appropriations for State contributions to the State
Employees' Retirement System of Illinois shall be expended in
the manner provided in this Section. Except as otherwise
provided in subsections (a-1), (a-2), (a-3), and (a-4) at the
time of each payment of salary to an employee under the
personal services line item, payment shall be made to the State
Employees' Retirement System, from the amount appropriated for
State contributions to the State Employees' Retirement System,
of an amount calculated at the rate certified for the
applicable fiscal year by the Board of Trustees of the State
Employees' Retirement System under Section 14-135.08 of the
Illinois Pension Code. If a line item appropriation to an
employer for this purpose is exhausted or is unavailable due to
any limitation on appropriations that may apply, (including,
but not limited to, limitations on appropriations from the Road
Fund under Section 8.3 of the State Finance Act), the amounts
shall be paid under the continuing appropriation for this
purpose contained in the State Pension Funds Continuing
Appropriation Act.
(a-1) Beginning on the effective date of this amendatory
Act of the 93rd General Assembly through the payment of the
final payroll from fiscal year 2004 appropriations,
appropriations for State contributions to the State Employees'
Retirement System of Illinois shall be expended in the manner
provided in this subsection (a-1). At the time of each payment
of salary to an employee under the personal services line item
from a fund other than the General Revenue Fund, payment shall
be made for deposit into the General Revenue Fund from the
amount appropriated for State contributions to the State
Employees' Retirement System of an amount calculated at the
rate certified for fiscal year 2004 by the Board of Trustees of
the State Employees' Retirement System under Section 14-135.08
of the Illinois Pension Code. This payment shall be made to the
extent that a line item appropriation to an employer for this
purpose is available or unexhausted. No payment from
appropriations for State contributions shall be made in
conjunction with payment of salary to an employee under the
personal services line item from the General Revenue Fund.
(a-2) For fiscal year 2010 only, at the time of each
payment of salary to an employee under the personal services
line item from a fund other than the General Revenue Fund,
payment shall be made for deposit into the State Employees'
Retirement System of Illinois from the amount appropriated for
State contributions to the State Employees' Retirement System
of Illinois of an amount calculated at the rate certified for
fiscal year 2010 by the Board of Trustees of the State
Employees' Retirement System of Illinois under Section
14-135.08 of the Illinois Pension Code. This payment shall be
made to the extent that a line item appropriation to an
employer for this purpose is available or unexhausted. For
fiscal year 2010 only, no payment from appropriations for State
contributions shall be made in conjunction with payment of
salary to an employee under the personal services line item
from the General Revenue Fund.
(a-3) For fiscal year 2011 only, at the time of each
payment of salary to an employee under the personal services
line item from a fund other than the General Revenue Fund,
payment shall be made for deposit into the State Employees'
Retirement System of Illinois from the amount appropriated for
State contributions to the State Employees' Retirement System
of Illinois of an amount calculated at the rate certified for
fiscal year 2011 by the Board of Trustees of the State
Employees' Retirement System of Illinois under Section
14-135.08 of the Illinois Pension Code. This payment shall be
made to the extent that a line item appropriation to an
employer for this purpose is available or unexhausted. For
fiscal year 2011 only, no payment from appropriations for State
contributions shall be made in conjunction with payment of
salary to an employee under the personal services line item
from the General Revenue Fund.
(a-4) In fiscal years 2012 through 2018 2017 only, at the
time of each payment of salary to an employee under the
personal services line item from a fund other than the General
Revenue Fund, payment shall be made for deposit into the State
Employees' Retirement System of Illinois from the amount
appropriated for State contributions to the State Employees'
Retirement System of Illinois of an amount calculated at the
rate certified for the applicable fiscal year by the Board of
Trustees of the State Employees' Retirement System of Illinois
under Section 14-135.08 of the Illinois Pension Code. In fiscal
years 2012 through 2018 2017 only, no payment from
appropriations for State contributions shall be made in
conjunction with payment of salary to an employee under the
personal services line item from the General Revenue Fund.
(b) Except during the period beginning on the effective
date of this amendatory Act of the 93rd General Assembly and
ending at the time of the payment of the final payroll from
fiscal year 2004 appropriations, the State Comptroller shall
not approve for payment any payroll voucher that (1) includes
payments of salary to eligible employees in the State
Employees' Retirement System of Illinois and (2) does not
include the corresponding payment of State contributions to
that retirement system at the full rate certified under Section
14-135.08 for that fiscal year for eligible employees, unless
the balance in the fund on which the payroll voucher is drawn
is insufficient to pay the total payroll voucher, or
unavailable due to any limitation on appropriations that may
apply, including, but not limited to, limitations on
appropriations from the Road Fund under Section 8.3 of the
State Finance Act. If the State Comptroller approves a payroll
voucher under this Section for which the fund balance is
insufficient to pay the full amount of the required State
contribution to the State Employees' Retirement System, the
Comptroller shall promptly so notify the Retirement System.
(b-1) For fiscal year 2010 and fiscal year 2011 only, the
State Comptroller shall not approve for payment any non-General
Revenue Fund payroll voucher that (1) includes payments of
salary to eligible employees in the State Employees' Retirement
System of Illinois and (2) does not include the corresponding
payment of State contributions to that retirement system at the
full rate certified under Section 14-135.08 for that fiscal
year for eligible employees, unless the balance in the fund on
which the payroll voucher is drawn is insufficient to pay the
total payroll voucher, or unavailable due to any limitation on
appropriations that may apply, including, but not limited to,
limitations on appropriations from the Road Fund under Section
8.3 of the State Finance Act. If the State Comptroller approves
a payroll voucher under this Section for which the fund balance
is insufficient to pay the full amount of the required State
contribution to the State Employees' Retirement System of
Illinois, the Comptroller shall promptly so notify the
retirement system.
(c) Notwithstanding any other provisions of law, beginning
July 1, 2007, required State and employee contributions to the
State Employees' Retirement System of Illinois relating to
affected legislative staff employees shall be paid out of
moneys appropriated for that purpose to the Commission on
Government Forecasting and Accountability, rather than out of
the lump-sum appropriations otherwise made for the payroll and
other costs of those employees.
These payments must be made pursuant to payroll vouchers
submitted by the employing entity as part of the regular
payroll voucher process.
For the purpose of this subsection, "affected legislative
staff employees" means legislative staff employees paid out of
lump-sum appropriations made to the General Assembly, an
Officer of the General Assembly, or the Senate Operations
Commission, but does not include district-office staff or
employees of legislative support services agencies.
(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; 99-8,
eff. 7-9-15; 99-523, eff. 6-30-16.)
Section 10-10. The Illinois Pension Code is amended by
changing Sections 1-160, 2-124, 2-134, 6-164, 14-131,
14-135.08, 14-152.1, 15-108.2, 15-155, 15-165, 15-198, 16-158,
16-203, 18-131, and 18-140 and by adding Sections 1-161, 1-162,
15-155.2, and 16-158.3 as follows:
(40 ILCS 5/1-160)
(Text of Section WITHOUT the changes made by P.A. 98-641,
which has been held unconstitutional)
Sec. 1-160. Provisions applicable to new hires.
(a) The provisions of this Section apply to a person who,
on or after January 1, 2011, first becomes a member or a
participant 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,
15 or 18 of this Code, notwithstanding any other provision of
this Code to the contrary, but do not apply to any self-managed
plan established under this Code, to any person with respect to
service as a sheriff's law enforcement employee under Article
7, or to any participant of the retirement plan established
under Section 22-101. Notwithstanding anything to the contrary
in this Section, for purposes of this Section, a person who
participated in a retirement system under Article 15 prior to
January 1, 2011 shall be deemed a person who first became a
member or participant prior to January 1, 2011 under any
retirement system or pension fund subject to this Section. The
changes made to this Section by Public Act 98-596 this
amendatory Act of the 98th General Assembly are a clarification
of existing law and are intended to be retroactive to January
1, 2011 (the effective date of Public Act 96-889),
notwithstanding the provisions of Section 1-103.1 of this Code.
This Section does not apply to a person who first becomes a
member or participant under Article 14 on or after the
implementation date of the plan created under Section 1-161 for
that Article, unless that person elects under subsection (b) of
Section 1-161 to instead receive the benefits provided under
this Section and the applicable provisions of that Article.
This Section does not apply to a person who first becomes a
member or participant under Article 16 on or after the
implementation date of the plan created under Section 1-161 for
that Article, unless that person elects under subsection (b) of
Section 1-161 to instead receive the benefits provided under
this Section and the applicable provisions of that Article.
This Section does not apply to a person who elects under
subsection (c-5) of Section 1-161 to receive the benefits under
Section 1-161.
This Section does not apply to a person who first becomes a
member or participant of an affected pension fund on or after 6
months after the resolution or ordinance date, as defined in
Section 1-162, unless that person elects under subsection (c)
of Section 1-162 to receive the benefits provided under this
Section and the applicable provisions of the Article under
which he or she is a member or participant.
(b) "Final average salary" means the average monthly (or
annual) salary obtained by dividing the total salary or
earnings calculated under the Article applicable to the member
or participant during the 96 consecutive months (or 8
consecutive years) of service within the last 120 months (or 10
years) of service in which the total salary or earnings
calculated under the applicable Article was the highest by the
number of months (or years) of service in that period. For the
purposes of a person who first becomes a member or participant
of any retirement system or pension fund to which this Section
applies on or after January 1, 2011, in this Code, "final
average salary" shall be substituted for the following:
(1) In Article 7 (except for service as sheriff's law
enforcement employees), "final rate of earnings".
(2) In Articles 8, 9, 10, 11, and 12, "highest average
annual salary for any 4 consecutive years within the last
10 years of service immediately preceding the date of
withdrawal".
(3) In Article 13, "average final salary".
(4) In Article 14, "final average compensation".
(5) In Article 17, "average salary".
(6) In Section 22-207, "wages or salary received by him
at the date of retirement or discharge".
(b-5) Beginning on January 1, 2011, for all purposes under
this Code (including without limitation the calculation of
benefits and employee contributions), the annual earnings,
salary, or wages (based on the plan year) of a member or
participant to whom this Section applies shall not exceed
$106,800; however, that amount shall annually thereafter be
increased by the lesser of (i) 3% of that amount, including all
previous adjustments, or (ii) one-half the annual unadjusted
percentage increase (but not less than zero) in the consumer
price index-u for the 12 months ending with the September
preceding each November 1, including all previous adjustments.
For the purposes of this Section, "consumer price index-u"
means the index published by the Bureau of Labor Statistics of
the United States Department of Labor that measures the average
change in prices of goods and services purchased by all urban
consumers, United States city average, all items, 1982-84 =
100. The new amount resulting from each annual adjustment shall
be determined by the Public Pension Division of the Department
of Insurance and made available to the boards of the retirement
systems and pension funds by November 1 of each year.
(c) A member or participant is entitled to a retirement
annuity upon written application if he or she has attained age
67 (beginning January 1, 2015, age 65 with respect to service
under Article 12 of this Code that is subject to this Section)
and has at least 10 years of service credit and is otherwise
eligible under the requirements of the applicable Article.
A member or participant who has attained age 62 (beginning
January 1, 2015, age 60 with respect to service under Article
12 of this Code that is subject to this Section) and has at
least 10 years of service credit and is otherwise eligible
under the requirements of the applicable Article may elect to
receive the lower retirement annuity provided in subsection (d)
of this Section.
(c-5) A person who first becomes a member or a participant
under Article 8 or Article 11 of this Code on or after the
effective date of this amendatory Act of the 100th General
Assembly, notwithstanding any other provision of this Code to
the contrary, is entitled to a retirement annuity upon written
application if he or she has attained age 65 and has at least
10 years of service credit under Article 8 or Article 11 of
this Code and is otherwise eligible under the requirements of
Article 8 or Article 11 of this Code, whichever is applicable.
(d) The retirement annuity of a member or participant who
is retiring after attaining age 62 (beginning January 1, 2015,
age 60 with respect to service under Article 12 of this Code
that is subject to this Section) with at least 10 years of
service credit shall be reduced by one-half of 1% for each full
month that the member's age is under age 67 (beginning January
1, 2015, age 65 with respect to service under Article 12 of
this Code that is subject to this Section).
(d-5) The retirement annuity of a person who first becomes
a member or a participant under Article 8 or Article 11 of this
Code on or after the effective date of this amendatory Act of
the 100th General Assembly who is retiring at age 60 with at
least 10 years of service credit under Article 8 or Article 11
shall be reduced by one-half of 1% for each full month that the
member's age is under age 65.
(d-10) Each person who first became a member or participant
under Article 8 or Article 11 of this Code on or after January
1, 2011 and prior to the effective date of this amendatory Act
of the 100th General Assembly shall make an irrevocable
election either:
(i) to be eligible for the reduced retirement age
provided in subsections (c-5) and (d-5) of this Section,
the eligibility for which is conditioned upon the member or
participant agreeing to the increases in employee
contributions for age and service annuities provided in
subsection (a-5) of Section 8-174 of this Code (for service
under Article 8) or subsection (a-5) of Section 11-170 of
this Code (for service under Article 11); or
(ii) to not agree to item (i) of this subsection
(d-10), in which case the member or participant shall
continue to be subject to the retirement age provisions in
subsections (c) and (d) of this Section and the employee
contributions for age and service annuity as provided in
subsection (a) of Section 8-174 of this Code (for service
under Article 8) or subsection (a) of Section 11-170 of
this Code (for service under Article 11).
The election provided for in this subsection shall be made
between October 1, 2017 and November 15, 2017. A person subject
to this subsection who makes the required election shall remain
bound by that election. A person subject to this subsection who
fails for any reason to make the required election within the
time specified in this subsection shall be deemed to have made
the election under item (ii).
(e) Any retirement annuity or supplemental annuity shall be
subject to annual increases on the January 1 occurring either
on or after the attainment of age 67 (beginning January 1,
2015, age 65 with respect to service under Article 12 of this
Code that is subject to this Section and beginning on the
effective date of this amendatory Act of the 100th General
Assembly, age 65 with respect to persons who: (i) first became
members or participants under Article 8 or Article 11 of this
Code on or after the effective date of this amendatory Act of
the 100th General Assembly; or (ii) first became members or
participants under Article 8 or Article 11 of this Code on or
after January 1, 2011 and before the effective date of this
amendatory Act of the 100th General Assembly and made the
election under item (i) of subsection (d-10) of this Section)
or the first anniversary of the annuity start date, whichever
is later. Each annual increase shall be calculated at 3% or
one-half the annual unadjusted percentage increase (but not
less than zero) in the consumer price index-u for the 12 months
ending with the September preceding each November 1, whichever
is less, of the originally granted retirement annuity. If the
annual unadjusted percentage change in the consumer price
index-u for the 12 months ending with the September preceding
each November 1 is zero or there is a decrease, then the
annuity shall not be increased.
For the purposes of Section 1-103.1 of this Code, the
changes made to this Section by this amendatory Act of the
100th General Assembly are applicable without regard to whether
the employee was in active service on or after the effective
date of this amendatory Act of the 100th General Assembly.
(f) The initial survivor's or widow's annuity of an
otherwise eligible survivor or widow of a retired member or
participant who first became a member or participant on or
after January 1, 2011 shall be in the amount of 66 2/3% of the
retired member's or participant's retirement annuity at the
date of death. In the case of the death of a member or
participant who has not retired and who first became a member
or participant on or after January 1, 2011, eligibility for a
survivor's or widow's annuity shall be determined by the
applicable Article of this Code. The initial benefit shall be
66 2/3% of the earned annuity without a reduction due to age. A
child's annuity of an otherwise eligible child shall be in the
amount prescribed under each Article if applicable. Any
survivor's or widow's annuity shall be increased (1) on each
January 1 occurring on or after the commencement of the annuity
if the deceased member died while receiving a retirement
annuity or (2) in other cases, on each January 1 occurring
after the first anniversary of the commencement of the annuity.
Each annual increase shall be calculated at 3% or one-half the
annual unadjusted percentage increase (but not less than zero)
in the consumer price index-u for the 12 months ending with the
September preceding each November 1, whichever is less, of the
originally granted survivor's annuity. If the annual
unadjusted percentage change in the consumer price index-u for
the 12 months ending with the September preceding each November
1 is zero or there is a decrease, then the annuity shall not be
increased.
(g) The benefits in Section 14-110 apply only if the person
is a State policeman, a fire fighter in the fire protection
service of a department, or a security employee of the
Department of Corrections or the Department of Juvenile
Justice, as those terms are defined in subsection (b) of
Section 14-110. A person who meets the requirements of this
Section is entitled to an annuity calculated under the
provisions of Section 14-110, in lieu of the regular or minimum
retirement annuity, only if the person has withdrawn from
service with not less than 20 years of eligible creditable
service and has attained age 60, regardless of whether the
attainment of age 60 occurs while the person is still in
service.
(h) If a person who first becomes a member or a participant
of a retirement system or pension fund subject to this Section
on or after January 1, 2011 is receiving a retirement annuity
or retirement pension under that system or fund and becomes a
member or participant under any other system or fund created by
this Code and is employed on a full-time basis, except for
those members or participants exempted from the provisions of
this Section under subsection (a) of this Section, then the
person's retirement annuity or retirement pension under that
system or fund shall be suspended during that employment. Upon
termination of that employment, the person's retirement
annuity or retirement pension payments shall resume and be
recalculated if recalculation is provided for under the
applicable Article of this Code.
If a person who first becomes a member of a retirement
system or pension fund subject to this Section on or after
January 1, 2012 and is receiving a retirement annuity or
retirement pension under that system or fund and accepts on a
contractual basis a position to provide services to a
governmental entity from which he or she has retired, then that
person's annuity or retirement pension earned as an active
employee of the employer shall be suspended during that
contractual service. A person receiving an annuity or
retirement pension under this Code shall notify the pension
fund or retirement system from which he or she is receiving an
annuity or retirement pension, as well as his or her
contractual employer, of his or her retirement status before
accepting contractual employment. A person who fails to submit
such notification shall be guilty of a Class A misdemeanor and
required to pay a fine of $1,000. Upon termination of that
contractual employment, the person's retirement annuity or
retirement pension payments shall resume and, if appropriate,
be recalculated under the applicable provisions of this Code.
(i) (Blank).
(j) In the case of a conflict between the provisions of
this Section and any other provision of this Code, the
provisions of this Section shall control.
(Source: P.A. 97-609, eff. 1-1-12; 98-92, eff. 7-16-13; 98-596,
eff. 11-19-13; 98-622, eff. 6-1-14; revised 3-24-16.)
(40 ILCS 5/1-161 new)
Sec. 1-161. Optional benefits for certain Tier 2 members
under Articles 14, 15, and 16.
(a) Notwithstanding any other provision of this Code to the
contrary, the provisions of this Section apply to a person who
first becomes a member or a participant under Article 14, 15,
or 16 on or after the implementation date under this Section
for the applicable Article and who does not make the election
under subsection (b) or (c), whichever applies. The provisions
of this Section also apply to a person who makes the election
under subsection (c-5). However, the provisions of this Section
do not apply to any participant in a self-managed plan, nor to
a covered employee under Article 14.
As used in this Section and Section 1-160, the
"implementation date" under this Section means the earliest
date upon which the board of a retirement system authorizes
members of that system to begin participating in accordance
with this Section, as determined by the board of that
retirement system. Each of the retirement systems subject to
this Section shall endeavor to make such participation
available as soon as possible after the effective date of this
Section and shall establish an implementation date by board
resolution.
(b) In lieu of the benefits provided under this Section, a
member or participant, except for a participant under Article
15, may irrevocably elect the benefits under Section 1-160 and
the benefits otherwise applicable to that member or
participant. The election must be made within 30 days after
becoming a member or participant. Each retirement system shall
establish procedures for making this election.
(c) A participant under Article 15 may irrevocably elect
the benefits otherwise provided to a Tier 2 member under
Article 15. The election must be made within 30 days after
becoming a member. The retirement system under Article 15 shall
establish procedures for making this election.
(c-5) A non-covered participant under Article 14 to whom
Section 1-160 applies, a Tier 2 member under Article 15, or a
participant under Article 16 to whom Section 1-160 applies may
irrevocably elect to receive the benefits under this Section in
lieu of the benefits under Section 1-160 or the benefits
otherwise available to a Tier 2 member under Article 15,
whichever is applicable. Each retirement System shall
establish procedures for making this election.
(d) "Final average salary" means the average monthly (or
annual) salary obtained by dividing the total salary or
earnings calculated under the Article applicable to the member
or participant during the last 120 months (or 10 years) of
service in which the total salary or earnings calculated under
the applicable Article was the highest by the number of months
(or years) of service in that period. For the purposes of a
person to whom this Section applies, in this Code, "final
average salary" shall be substituted for "final average
compensation" in Article 14.
(e) Beginning on the implementation date, for all purposes
under this Code (including without limitation the calculation
of benefits and employee contributions), the annual earnings,
salary, compensation, or wages (based on the plan year) of a
member or participant to whom this Section applies shall not at
any time exceed the federal Social Security Wage Base then in
effect.
(f) A member or participant is entitled to a retirement
annuity upon written application if he or she has attained the
normal retirement age determined by the Social Security
Administration for that member or participant's year of birth,
but no earlier than 67 years of age, and has at least 10 years
of service credit and is otherwise eligible under the
requirements of the applicable Article.
(g) The amount of the retirement annuity to which a member
or participant is entitled shall be computed by multiplying
1.25% for each year of service credit by his or her final
average salary.
(h) Any retirement annuity or supplemental annuity shall be
subject to annual increases on the first anniversary of the
annuity start date. Each annual increase shall be one-half the
annual unadjusted percentage increase (but not less than zero)
in the consumer price index-w for the 12 months ending with the
September preceding each November 1 of the originally granted
retirement annuity. If the annual unadjusted percentage change
in the consumer price index-w for the 12 months ending with the
September preceding each November 1 is zero or there is a
decrease, then the annuity shall not be increased.
For the purposes of this Section, "consumer price index-w"
means the index published by the Bureau of Labor Statistics of
the United States Department of Labor that measures the average
change in prices of goods and services purchased by Urban Wage
Earners and Clerical Workers, United States city average, all
items, 1982-84 = 100. The new amount resulting from each annual
adjustment shall be determined by the Public Pension Division
of the Department of Insurance and made available to the boards
of the retirement systems and pension funds by November 1 of
each year.
(i) The initial survivor's or widow's annuity of an
otherwise eligible survivor or widow of a retired member or
participant to whom this Section applies shall be in the amount
of 66 2/3% of the retired member's or participant's retirement
annuity at the date of death. In the case of the death of a
member or participant who has not retired and to whom this
Section applies, eligibility for a survivor's or widow's
annuity shall be determined by the applicable Article of this
Code. The benefit shall be 66 2/3% of the earned annuity
without a reduction due to age. A child's annuity of an
otherwise eligible child shall be in the amount prescribed
under each Article if applicable.
(j) In lieu of any other employee contributions, except for
the contribution to the defined contribution plan under
subsection (k) of this Section, each employee shall contribute
6.2% of his her or salary to the retirement system. However,
the employee contribution under this subsection shall not
exceed the amount of the total normal cost of the benefits for
all members making contributions under this Section (except for
the defined contribution plan under subsection (k) of this
Section), expressed as a percentage of payroll and certified on
or before January 15 of each year by the board of trustees of
the retirement system. If the board of trustees of the
retirement system certifies that the 6.2% employee
contribution rate exceeds the normal cost of the benefits under
this Section (except for the defined contribution plan under
subsection (k) of this Section), then on or before December 1
of that year, the board of trustees shall certify the amount of
the normal cost of the benefits under this Section (except for
the defined contribution plan under subsection (k) of this
Section), expressed as a percentage of payroll, to the State
Actuary and the Commission on Government Forecasting and
Accountability, and the employee contribution under this
subsection shall be reduced to that amount beginning July 1 of
that year. Thereafter, if the normal cost of the benefits under
this Section (except for the defined contribution plan under
subsection (k) of this Section), expressed as a percentage of
payroll and certified on or before January 1 of each year by
the board of trustees of the retirement system, exceeds 6.2% of
salary, then on or before January 15 of that year, the board of
trustees shall certify the normal cost to the State Actuary and
the Commission on Government Forecasting and Accountability,
and the employee contributions shall revert back to 6.2% of
salary beginning January 1 of the following year.
(k) In accordance with each retirement system's
implementation date, each retirement system under Article 14,
15, or 16 shall prepare and implement a defined contribution
plan for members or participants who are subject to this
Section. The defined contribution plan developed under this
subsection shall be a plan that aggregates employer and
employee contributions in individual participant accounts
which, after meeting any other requirements, are used for
payouts after retirement in accordance with this subsection and
any other applicable laws.
(1) Each member or participant shall contribute a
minimum of 4% of his or her salary to the defined
contribution plan.
(2) For each participant in the defined contribution
plan who has been employed with the same employer for at
least one year, employer contributions shall be paid into
that participant's accounts at a rate expressed as a
percentage of salary. This rate may be set for individual
employees, but shall be no higher than 6% of salary and
shall be no lower than 2% of salary.
(3) Employer contributions shall vest when those
contributions are paid into a member's or participant's
account.
(4) The defined contribution plan shall provide a
variety of options for investments. These options shall
include investments handled by the Illinois State Board of
Investment as well as private sector investment options.
(5) The defined contribution plan shall provide a
variety of options for payouts to retirees and their
survivors.
(6) To the extent authorized under federal law and as
authorized by the retirement system, the defined
contribution plan shall allow former participants in the
plan to transfer or roll over employee and employer
contributions, and the earnings thereon, into other
qualified retirement plans.
(7) Each retirement system shall reduce the employee
contributions credited to the member's defined
contribution plan account by an amount determined by that
retirement system to cover the cost of offering the
benefits under this subsection and any applicable
administrative fees.
(8) No person shall begin participating in the defined
contribution plan until it has attained qualified plan
status and received all necessary approvals from the U.S.
Internal Revenue Service.
(l) In the case of a conflict between the provisions of
this Section and any other provision of this Code, the
provisions of this Section shall control.
(40 ILCS 5/1-162 new)
Sec. 1-162. Optional benefits for certain Tier 2 members of
pension funds under Articles 8, 9, 10, 11, 12, and 17.
(a) As used in this Section:
"Affected pension fund" means a pension fund established
under Article 8, 9, 10, 11, 12, or 17 that the governing body
of the unit of local government has designated as an affected
pension fund by adoption of a resolution or ordinance.
"Resolution or ordinance date" means the date on which the
governing body of the unit of local government designates a
pension fund under Article 8, 9, 10, 11, 12, or 17 as an
affected pension fund by adoption of a resolution or ordinance
or July 1, 2018, whichever is later.
(b) Notwithstanding any other provision of this Code to the
contrary, the provisions of this Section apply to a person who
first becomes a member or a participant in an affected pension
fund on or after 6 months after the resolution or ordinance
date and who does not make the election under subsection (c).
(c) In lieu of the benefits provided under this Section, a
member or participant may irrevocably elect the benefits under
Section 1-160 and the benefits otherwise applicable to that
member or participant. The election must be made within 30 days
after becoming a member or participant. Each affected pension
fund shall establish procedures for making this election.
(d) "Final average salary" means the average monthly (or
annual) salary obtained by dividing the total salary or
earnings calculated under the Article applicable to the member
or participant during the last 120 months (or 10 years) of
service in which the total salary or earnings calculated under
the applicable Article was the highest by the number of months
(or years) of service in that period. For the purposes of a
person who first becomes a member or participant of an affected
pension fund on or after 6 months after the ordinance or
resolution date, in this Code, "final average salary" shall be
substituted for the following:
(1) In Articles 8, 9, 10, 11, and 12, "highest average
annual salary for any 4 consecutive years within the last
10 years of service immediately preceding the date of
withdrawal".
(2) In Article 17, "average salary".
(e) Beginning 6 months after the resolution or ordinance
date, for all purposes under this Code (including without
limitation the calculation of benefits and employee
contributions), the annual earnings, salary, or wages (based on
the plan year) of a member or participant to whom this Section
applies shall not at any time exceed the federal Social
Security Wage Base then in effect.
(f) A member or participant is entitled to a retirement
annuity upon written application if he or she has attained the
normal retirement age determined by the Social Security
Administration for that member or participant's year of birth,
but no earlier than 67 years of age, and has at least 10 years
of service credit and is otherwise eligible under the
requirements of the applicable Article.
(g) The amount of the retirement annuity to which a member
or participant is entitled shall be computed by multiplying
1.25% for each year of service credit by his or her final
average salary.
(h) Any retirement annuity or supplemental annuity shall be
subject to annual increases on the first anniversary of the
annuity start date. Each annual increase shall be one-half the
annual unadjusted percentage increase (but not less than zero)
in the consumer price index-w for the 12 months ending with the
September preceding each November 1 of the originally granted
retirement annuity. If the annual unadjusted percentage change
in the consumer price index-w for the 12 months ending with the
September preceding each November 1 is zero or there is a
decrease, then the annuity shall not be increased.
For the purposes of this Section, "consumer price index-w"
means the index published by the Bureau of Labor Statistics of
the United States Department of Labor that measures the average
change in prices of goods and services purchased by Urban Wage
Earners and Clerical Workers, United States city average, all
items, 1982-84 = 100. The new amount resulting from each annual
adjustment shall be determined by the Public Pension Division
of the Department of Insurance and made available to the boards
of the retirement systems and pension funds by November 1 of
each year.
(i) The initial survivor's or widow's annuity of an
otherwise eligible survivor or widow of a retired member or
participant who first became a member or participant on or
after 6 months after the resolution or ordinance date shall be
in the amount of 66 2/3% of the retired member's or
participant's retirement annuity at the date of death. In the
case of the death of a member or participant who has not
retired and who first became a member or participant on or
after 6 months after the resolution or ordinance date,
eligibility for a survivor's or widow's annuity shall be
determined by the applicable Article of this Code. The benefit
shall be 66 2/3% of the earned annuity without a reduction due
to age. A child's annuity of an otherwise eligible child shall
be in the amount prescribed under each Article if applicable.
(j) In lieu of any other employee contributions, except for
the contribution to the defined contribution plan under
subsection (k) of this Section, each employee shall contribute
6.2% of his her or salary to the affected pension fund.
However, the employee contribution under this subsection shall
not exceed the amount of the normal cost of the benefits under
this Section (except for the defined contribution plan under
subsection (k) of this Section), expressed as a percentage of
payroll and determined on or before November 1 of each year by
the board of trustees of the affected pension fund. If the
board of trustees of the affected pension fund determines that
the 6.2% employee contribution rate exceeds the normal cost of
the benefits under this Section (except for the defined
contribution plan under subsection (k) of this Section), then
on or before December 1 of that year, the board of trustees
shall certify the amount of the normal cost of the benefits
under this Section (except for the defined contribution plan
under subsection (k) of this Section), expressed as a
percentage of payroll, to the State Actuary and the Commission
on Government Forecasting and Accountability, and the employee
contribution under this subsection shall be reduced to that
amount beginning January 1 of the following year. Thereafter,
if the normal cost of the benefits under this Section (except
for the defined contribution plan under subsection (k) of this
Section), expressed as a percentage of payroll and determined
on or before November 1 of each year by the board of trustees
of the affected pension fund, exceeds 6.2% of salary, then on
or before December 1 of that year, the board of trustees shall
certify the normal cost to the State Actuary and the Commission
on Government Forecasting and Accountability, and the employee
contributions shall revert back to 6.2% of salary beginning
January 1 of the following year.
(k) No later than 5 months after the resolution or
ordinance date, an affected pension fund shall prepare and
implement a defined contribution plan for members or
participants who are subject to this Section. The defined
contribution plan developed under this subsection shall be a
plan that aggregates employer and employee contributions in
individual participant accounts which, after meeting any other
requirements, are used for payouts after retirement in
accordance with this subsection and any other applicable laws.
(1) Each member or participant shall contribute a
minimum of 4% of his or her salary to the defined
contribution plan.
(2) For each participant in the defined contribution
plan who has been employed with the same employer for at
least one year, employer contributions shall be paid into
that participant's accounts at a rate expressed as a
percentage of salary. This rate may be set for individual
employees, but shall be no higher than 6% of salary and
shall be no lower than 2% of salary.
(3) Employer contributions shall vest when those
contributions are paid into a member's or participant's
account.
(4) The defined contribution plan shall provide a
variety of options for investments. These options shall
include investments handled by the Illinois State Board of
Investment as well as private sector investment options.
(5) The defined contribution plan shall provide a
variety of options for payouts to retirees and their
survivors.
(6) To the extent authorized under federal law and as
authorized by the affected pension fund, the defined
contribution plan shall allow former participants in the
plan to transfer or roll over employee and employer
contributions, and the earnings thereon, into other
qualified retirement plans.
(7) Each affected pension fund shall reduce the
employee contributions credited to the member's defined
contribution plan account by an amount determined by that
affected pension fund to cover the cost of offering the
benefits under this subsection and any applicable
administrative fees.
(8) No person shall begin participating in the defined
contribution plan until it has attained qualified plan
status and received all necessary approvals from the U.S.
Internal Revenue Service.
(l) In the case of a conflict between the provisions of
this Section and any other provision of this Code, the
provisions of this Section shall control.
(40 ILCS 5/2-124) (from Ch. 108 1/2, par. 2-124)
(Text of Section WITHOUT the changes made by P.A. 98-599,
which has been held unconstitutional)
Sec. 2-124. Contributions by State.
(a) The State shall make contributions to the System by
appropriations of amounts which, together with the
contributions of participants, interest earned on investments,
and other income will meet the cost of maintaining and
administering the System on a 90% funded basis in accordance
with actuarial recommendations.
(b) The Board shall determine the amount of State
contributions required for each fiscal year on the basis of the
actuarial tables and other assumptions adopted by the Board and
the prescribed rate of interest, using the formula in
subsection (c).
(c) For State fiscal years 2012 through 2045, the minimum
contribution to the System to be made by the State for each
fiscal year shall be an amount determined by the System to be
sufficient to bring the total assets of the System up to 90% of
the total actuarial liabilities of the System by the end of
State fiscal year 2045. In making these determinations, the
required State contribution shall be calculated each year as a
level percentage of payroll over the years remaining to and
including fiscal year 2045 and shall be determined under the
projected unit credit actuarial cost method.
A change in an actuarial or investment assumption that
increases or decreases the required State contribution and
first applies in State fiscal year 2018 or thereafter shall be
implemented in equal annual amounts over a 5-year period
beginning in the State fiscal year in which the actuarial
change first applies to the required State contribution.
A change in an actuarial or investment assumption that
increases or decreases the required State contribution and
first applied to the State contribution in fiscal year 2014,
2015, 2016, or 2017 shall be implemented:
(i) as already applied in State fiscal years before
2018; and
(ii) in the portion of the 5-year period beginning in
the State fiscal year in which the actuarial change first
applied that occurs in State fiscal year 2018 or
thereafter, by calculating the change in equal annual
amounts over that 5-year period and then implementing it at
the resulting annual rate in each of the remaining fiscal
years in that 5-year period.
For State fiscal years 1996 through 2005, the State
contribution to the System, as a percentage of the applicable
employee payroll, shall be increased in equal annual increments
so that by State fiscal year 2011, the State is contributing at
the rate required under this Section.
Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2006 is
$4,157,000.
Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2007 is
$5,220,300.
For each of State fiscal years 2008 through 2009, the State
contribution to the System, as a percentage of the applicable
employee payroll, shall be increased in equal annual increments
from the required State contribution for State fiscal year
2007, so that by State fiscal year 2011, the State is
contributing at the rate otherwise required under this Section.
Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2010 is
$10,454,000 and shall be made from the proceeds of bonds sold
in fiscal year 2010 pursuant to Section 7.2 of the General
Obligation Bond Act, less (i) the pro rata share of bond sale
expenses determined by the System's share of total bond
proceeds, (ii) any amounts received from the General Revenue
Fund in fiscal year 2010, and (iii) any reduction in bond
proceeds due to the issuance of discounted bonds, if
applicable.
Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2011 is
the amount recertified by the System on or before April 1, 2011
pursuant to Section 2-134 and shall be made from the proceeds
of bonds sold in fiscal year 2011 pursuant to Section 7.2 of
the General Obligation Bond Act, less (i) the pro rata share of
bond sale expenses determined by the System's share of total
bond proceeds, (ii) any amounts received from the General
Revenue Fund in fiscal year 2011, and (iii) any reduction in
bond proceeds due to the issuance of discounted bonds, if
applicable.
Beginning in State fiscal year 2046, the minimum State
contribution for each fiscal year shall be the amount needed to
maintain the total assets of the System at 90% of the total
actuarial liabilities of the System.
Amounts received by the System pursuant to Section 25 of
the Budget Stabilization Act or Section 8.12 of the State
Finance Act in any fiscal year do not reduce and do not
constitute payment of any portion of the minimum State
contribution required under this Article in that fiscal year.
Such amounts shall not reduce, and shall not be included in the
calculation of, the required State contributions under this
Article in any future year until the System has reached a
funding ratio of at least 90%. A reference in this Article to
the "required State contribution" or any substantially similar
term does not include or apply to any amounts payable to the
System under Section 25 of the Budget Stabilization Act.
Notwithstanding any other provision of this Section, the
required State contribution for State fiscal year 2005 and for
fiscal year 2008 and each fiscal year thereafter, as calculated
under this Section and certified under Section 2-134, shall not
exceed an amount equal to (i) the amount of the required State
contribution that would have been calculated under this Section
for that fiscal year if the System had not received any
payments under subsection (d) of Section 7.2 of the General
Obligation Bond Act, minus (ii) the portion of the State's
total debt service payments for that fiscal year on the bonds
issued in fiscal year 2003 for the purposes of that Section
7.2, as determined and certified by the Comptroller, that is
the same as the System's portion of the total moneys
distributed under subsection (d) of Section 7.2 of the General
Obligation Bond Act. In determining this maximum for State
fiscal years 2008 through 2010, however, the amount referred to
in item (i) shall be increased, as a percentage of the
applicable employee payroll, in equal increments calculated
from the sum of the required State contribution for State
fiscal year 2007 plus the applicable portion of the State's
total debt service payments for fiscal year 2007 on the bonds
issued in fiscal year 2003 for the purposes of Section 7.2 of
the General Obligation Bond Act, so that, by State fiscal year
2011, the State is contributing at the rate otherwise required
under this Section.
(d) For purposes of determining the required State
contribution to the System, the value of the System's assets
shall be equal to the actuarial value of the System's assets,
which shall be calculated as follows:
As of June 30, 2008, the actuarial value of the System's
assets shall be equal to the market value of the assets as of
that date. In determining the actuarial value of the System's
assets for fiscal years after June 30, 2008, any actuarial
gains or losses from investment return incurred in a fiscal
year shall be recognized in equal annual amounts over the
5-year period following that fiscal year.
(e) For purposes of determining the required State
contribution to the system for a particular year, the actuarial
value of assets shall be assumed to earn a rate of return equal
to the system's actuarially assumed rate of return.
(Source: P.A. 96-43, eff. 7-15-09; 96-1497, eff. 1-14-11;
96-1511, eff. 1-27-11; 96-1554, eff. 3-18-11; 97-813, eff.
7-13-12.)
(40 ILCS 5/2-134) (from Ch. 108 1/2, par. 2-134)
(Text of Section WITHOUT the changes made by P.A. 98-599,
which has been held unconstitutional)
Sec. 2-134. To certify required State contributions and
submit vouchers.
(a) The Board shall certify to the Governor on or before
December 15 of each year until December 15, 2011 the amount of
the required State contribution to the System for the next
fiscal year and shall specifically identify the System's
projected State normal cost for that fiscal year. The
certification shall include a copy of the actuarial
recommendations upon which it is based and shall specifically
identify the System's projected State normal cost for that
fiscal year.
On or before November 1 of each year, beginning November 1,
2012, the Board shall submit to the State Actuary, the
Governor, and the General Assembly a proposed certification of
the amount of the required State contribution to the System for
the next fiscal year, along with all of the actuarial
assumptions, calculations, and data upon which that proposed
certification is based. On or before January 1 of each year
beginning January 1, 2013, the State Actuary shall issue a
preliminary report concerning the proposed certification and
identifying, if necessary, recommended changes in actuarial
assumptions that the Board must consider before finalizing its
certification of the required State contributions. On or before
January 15, 2013 and every January 15 thereafter, the Board
shall certify to the Governor and the General Assembly the
amount of the required State contribution for the next fiscal
year. The Board's certification must note any deviations from
the State Actuary's recommended changes, the reason or reasons
for not following the State Actuary's recommended changes, and
the fiscal impact of not following the State Actuary's
recommended changes on the required State contribution.
On or before May 1, 2004, the Board shall recalculate and
recertify to the Governor the amount of the required State
contribution to the System for State fiscal year 2005, taking
into account the amounts appropriated to and received by the
System under subsection (d) of Section 7.2 of the General
Obligation Bond Act.
On or before July 1, 2005, the Board shall recalculate and
recertify to the Governor the amount of the required State
contribution to the System for State fiscal year 2006, taking
into account the changes in required State contributions made
by this amendatory Act of the 94th General Assembly.
On or before April 1, 2011, the Board shall recalculate and
recertify to the Governor the amount of the required State
contribution to the System for State fiscal year 2011, applying
the changes made by Public Act 96-889 to the System's assets
and liabilities as of June 30, 2009 as though Public Act 96-889
was approved on that date.
By November 1, 2017, the Board shall recalculate and
recertify to the State Actuary, the Governor, and the General
Assembly the amount of the State contribution to the System for
State fiscal year 2018, taking into account the changes in
required State contributions made by this amendatory Act of the
100th General Assembly. The State Actuary shall review the
assumptions and valuations underlying the Board's revised
certification and issue a preliminary report concerning the
proposed recertification and identifying, if necessary,
recommended changes in actuarial assumptions that the Board
must consider before finalizing its certification of the
required State contributions. The Board's final certification
must note any deviations from the State Actuary's recommended
changes, the reason or reasons for not following the State
Actuary's recommended changes, and the fiscal impact of not
following the State Actuary's recommended changes on the
required State contribution.
(b) Beginning in State fiscal year 1996, on or as soon as
possible after the 15th day of each month the Board shall
submit vouchers for payment of State contributions to the
System, in a total monthly amount of one-twelfth of the
required annual State contribution certified under subsection
(a). From the effective date of this amendatory Act of the 93rd
General Assembly through June 30, 2004, the Board shall not
submit vouchers for the remainder of fiscal year 2004 in excess
of the fiscal year 2004 certified contribution amount
determined under this Section after taking into consideration
the transfer to the System under subsection (d) of Section
6z-61 of the State Finance Act. These vouchers shall be paid by
the State Comptroller and Treasurer by warrants drawn on the
funds appropriated to the System for that fiscal year. If in
any month the amount remaining unexpended from all other
appropriations to the System for the applicable fiscal year
(including the appropriations to the System under Section 8.12
of the State Finance Act and Section 1 of the State Pension
Funds Continuing Appropriation Act) is less than the amount
lawfully vouchered under this Section, the difference shall be
paid from the General Revenue Fund under the continuing
appropriation authority provided in Section 1.1 of the State
Pension Funds Continuing Appropriation Act.
(c) The full amount of any annual appropriation for the
System for State fiscal year 1995 shall be transferred and made
available to the System at the beginning of that fiscal year at
the request of the Board. Any excess funds remaining at the end
of any fiscal year from appropriations shall be retained by the
System as a general reserve to meet the System's accrued
liabilities.
(Source: P.A. 96-1497, eff. 1-14-11; 96-1511, eff. 1-27-11;
97-694, eff. 6-18-12.)
(40 ILCS 5/6-164) (from Ch. 108 1/2, par. 6-164)
Sec. 6-164. Automatic annual increase; retirement after
September 1, 1959.
(a) A fireman qualifying for a minimum annuity who retires
from service after September 1, 1959 shall, upon either the
first of the month following the first anniversary of his date
of retirement if he is age 60 (age 55 if born before January 1,
1966) or over on that anniversary date, or upon the first of
the month following his attainment of age 60 (age 55 if born
before January 1, 1966) if that occurs after the first
anniversary of his retirement date, have his then fixed and
payable monthly annuity increased by 1 1/2%, and such first
fixed annuity as granted at retirement increased by an
additional 1 1/2% in January of each year thereafter up to a
maximum increase of 30%. Beginning July 1, 1982 for firemen
born before January 1, 1930, and beginning January 1, 1990 for
firemen born after December 31, 1929 and before January 1,
1940, and beginning January 1, 1996 for firemen born after
December 31, 1939 but before January 1, 1945, and beginning
January 1, 2004, for firemen born after December 31, 1944 but
before January 1, 1955, and beginning January 1, 2017, for
firemen born after December 31, 1954 but before January 1,
1966, such increases shall be 3% and such firemen shall not be
subject to the 30% maximum increase.
Any fireman born before January 1, 1945 who qualifies for a
minimum annuity and retires after September 1, 1967 but has not
received the initial increase under this subsection before
January 1, 1996 is entitled to receive the initial increase
under this subsection on (1) January 1, 1996, (2) the first
anniversary of the date of retirement, or (3) attainment of age
55, whichever occurs last. The changes to this Section made by
this amendatory Act of 1995 apply beginning January 1, 1996 and
apply without regard to whether the fireman or annuitant
terminated service before the effective date of this amendatory
Act of 1995.
Any fireman born before January 1, 1955 who qualifies for a
minimum annuity and retires after September 1, 1967 but has not
received the initial increase under this subsection before
January 1, 2004 is entitled to receive the initial increase
under this subsection on (1) January 1, 2004, (2) the first
anniversary of the date of retirement, or (3) attainment of age
55, whichever occurs last. The changes to this Section made by
this amendatory Act of the 93rd General Assembly apply without
regard to whether the fireman or annuitant terminated service
before the effective date of this amendatory Act.
Any fireman born after December 31, 1954 but before January
1, 1966 who qualifies for a minimum annuity and retires after
September 1, 1967 but has not received the initial increase
under this subsection before January 1, 2017 is entitled to
receive an initial increase under this subsection on (1)
January 1, 2017, (2) the first anniversary of the date of
retirement, or (3) attainment of age 55, whichever occurs last,
in an amount equal to an increase of 3% of his then fixed and
payable monthly annuity upon the first of the month following
the first anniversary of his date of retirement if he is age 55
or over on that anniversary date or upon the first of the month
following his attainment of age 55 if that date occurs after
the first anniversary of his retirement date and such first
fixed annuity as granted at retirement shall be increased by an
additional 3% in January of each year thereafter. In the case
of a fireman born after December 31, 1954 but before January 1,
1966 who received an increase in any year of 1.5%, that fireman
shall receive an increase for any such year so that the total
increase is equal to 3% for each year the fireman would have
been otherwise eligible had the fireman not received any
increase for each complete year following the date of
retirement or attainment of age 55, whichever occurs later. The
changes to this subsection made by this amendatory Act of the
99th General Assembly apply without regard to whether the
fireman or annuitant terminated service before the effective
date of this amendatory Act. The changes to this subsection
made by this amendatory Act of the 100th General Assembly are a
declaration of existing law and shall not be construed as a new
enactment.
(b) Subsection (a) of this Section is not applicable to an
employee receiving a term annuity.
(c) To help defray the cost of such increases in annuity,
there shall be deducted, beginning September 1, 1959, from each
payment of salary to a fireman, 1/8 of 1% of each such salary
payment and an additional 1/8 of 1% beginning on September 1,
1961, and September 1, 1963, respectively, concurrently with
and in addition to the salary deductions otherwise made for
annuity purposes.
Each such additional 1/8 of 1% deduction from salary which
shall, on September 1, 1963, result in a total increase of 3/8
of 1% of salary, shall be credited to the Automatic Increase
Reserve, to be used, together with city contributions as
provided in this Article, to defray the cost of the annuity
increments specified in this Section. Any balance in such
reserve as of the beginning of each calendar year shall be
credited with interest at the rate of 3% per annum.
The salary deductions provided in this Section are not
subject to refund, except to the fireman himself in any case in
which: (i) the fireman withdraws prior to qualification for
minimum annuity or Tier 2 monthly retirement annuity and
applies for refund, (ii) the fireman applies for an annuity of
a type that is not subject to annual increases under this
Section, or (iii) a term annuity becomes payable. In such
cases, the total of such salary deductions shall be refunded to
the fireman, without interest, and charged to the
aforementioned reserve.
(d) Notwithstanding any other provision of this Article,
the Tier 2 monthly retirement annuity of a person who first
becomes a fireman under this Article on or after January 1,
2011 shall be increased on the January 1 occurring either on or
after (i) the attainment of age 60 or (ii) the first
anniversary of the annuity start date, whichever is later. Each
annual increase shall be calculated at 3% or one-half the
annual unadjusted percentage increase (but not less than zero)
in the consumer price index-u for the 12 months ending with the
September preceding each November 1, whichever is less, of the
originally granted retirement annuity. If the annual
unadjusted percentage change in the consumer price index-u for
a 12-month period ending in September is zero or, when compared
with the preceding period, decreases, then the annuity shall
not be increased.
For the purposes of this subsection (d), "consumer price
index-u" means the index published by the Bureau of Labor
Statistics of the United States Department of Labor that
measures the average change in prices of goods and services
purchased by all urban consumers, United States city average,
all items, 1982-84 = 100. The new amount resulting from each
annual adjustment shall be determined by the Public Pension
Division of the Department of Insurance and made available to
the boards of the pension funds by November 1 of each year.
(Source: P.A. 99-905, eff. 11-29-16.)
(40 ILCS 5/14-131)
Sec. 14-131. Contributions by State.
(a) The State shall make contributions to the System by
appropriations of amounts which, together with other employer
contributions from trust, federal, and other funds, employee
contributions, investment income, and other income, will be
sufficient to meet the cost of maintaining and administering
the System on a 90% funded basis in accordance with actuarial
recommendations.
For the purposes of this Section and Section 14-135.08,
references to State contributions refer only to employer
contributions and do not include employee contributions that
are picked up or otherwise paid by the State or a department on
behalf of the employee.
(b) The Board shall determine the total amount of State
contributions required for each fiscal year on the basis of the
actuarial tables and other assumptions adopted by the Board,
using the formula in subsection (e).
The Board shall also determine a State contribution rate
for each fiscal year, expressed as a percentage of payroll,
based on the total required State contribution for that fiscal
year (less the amount received by the System from
appropriations under Section 8.12 of the State Finance Act and
Section 1 of the State Pension Funds Continuing Appropriation
Act, if any, for the fiscal year ending on the June 30
immediately preceding the applicable November 15 certification
deadline), the estimated payroll (including all forms of
compensation) for personal services rendered by eligible
employees, and the recommendations of the actuary.
For the purposes of this Section and Section 14.1 of the
State Finance Act, the term "eligible employees" includes
employees who participate in the System, persons who may elect
to participate in the System but have not so elected, persons
who are serving a qualifying period that is required for
participation, and annuitants employed by a department as
described in subdivision (a)(1) or (a)(2) of Section 14-111.
(c) Contributions shall be made by the several departments
for each pay period by warrants drawn by the State Comptroller
against their respective funds or appropriations based upon
vouchers stating the amount to be so contributed. These amounts
shall be based on the full rate certified by the Board under
Section 14-135.08 for that fiscal year. From the effective date
of this amendatory Act of the 93rd General Assembly through the
payment of the final payroll from fiscal year 2004
appropriations, the several departments shall not make
contributions for the remainder of fiscal year 2004 but shall
instead make payments as required under subsection (a-1) of
Section 14.1 of the State Finance Act. The several departments
shall resume those contributions at the commencement of fiscal
year 2005.
(c-1) Notwithstanding subsection (c) of this Section, for
fiscal years 2010, 2012, 2013, 2014, 2015, 2016, and 2017, and
2018 only, contributions by the several departments are not
required to be made for General Revenue Funds payrolls
processed by the Comptroller. Payrolls paid by the several
departments from all other State funds must continue to be
processed pursuant to subsection (c) of this Section.
(c-2) For State fiscal years 2010, 2012, 2013, 2014, 2015,
2016, and 2017, and 2018 only, on or as soon as possible after
the 15th day of each month, the Board shall submit vouchers for
payment of State contributions to the System, in a total
monthly amount of one-twelfth of the fiscal year General
Revenue Fund contribution as certified by the System pursuant
to Section 14-135.08 of the Illinois Pension Code.
(d) If an employee is paid from trust funds or federal
funds, the department or other employer shall pay employer
contributions from those funds to the System at the certified
rate, unless the terms of the trust or the federal-State
agreement preclude the use of the funds for that purpose, in
which case the required employer contributions shall be paid by
the State. From the effective date of this amendatory Act of
the 93rd General Assembly through the payment of the final
payroll from fiscal year 2004 appropriations, the department or
other employer shall not pay contributions for the remainder of
fiscal year 2004 but shall instead make payments as required
under subsection (a-1) of Section 14.1 of the State Finance
Act. The department or other employer shall resume payment of
contributions at the commencement of fiscal year 2005.
(e) For State fiscal years 2012 through 2045, the minimum
contribution to the System to be made by the State for each
fiscal year shall be an amount determined by the System to be
sufficient to bring the total assets of the System up to 90% of
the total actuarial liabilities of the System by the end of
State fiscal year 2045. In making these determinations, the
required State contribution shall be calculated each year as a
level percentage of payroll over the years remaining to and
including fiscal year 2045 and shall be determined under the
projected unit credit actuarial cost method.
A change in an actuarial or investment assumption that
increases or decreases the required State contribution and
first applies in State fiscal year 2018 or thereafter shall be
implemented in equal annual amounts over a 5-year period
beginning in the State fiscal year in which the actuarial
change first applies to the required State contribution.
A change in an actuarial or investment assumption that
increases or decreases the required State contribution and
first applied to the State contribution in fiscal year 2014,
2015, 2016, or 2017 shall be implemented:
(i) as already applied in State fiscal years before
2018; and
(ii) in the portion of the 5-year period beginning in
the State fiscal year in which the actuarial change first
applied that occurs in State fiscal year 2018 or
thereafter, by calculating the change in equal annual
amounts over that 5-year period and then implementing it at
the resulting annual rate in each of the remaining fiscal
years in that 5-year period.
For State fiscal years 1996 through 2005, the State
contribution to the System, as a percentage of the applicable
employee payroll, shall be increased in equal annual increments
so that by State fiscal year 2011, the State is contributing at
the rate required under this Section; except that (i) for State
fiscal year 1998, for all purposes of this Code and any other
law of this State, the certified percentage of the applicable
employee payroll shall be 5.052% for employees earning eligible
creditable service under Section 14-110 and 6.500% for all
other employees, notwithstanding any contrary certification
made under Section 14-135.08 before the effective date of this
amendatory Act of 1997, and (ii) in the following specified
State fiscal years, the State contribution to the System shall
not be less than the following indicated percentages of the
applicable employee payroll, even if the indicated percentage
will produce a State contribution in excess of the amount
otherwise required under this subsection and subsection (a):
9.8% in FY 1999; 10.0% in FY 2000; 10.2% in FY 2001; 10.4% in FY
2002; 10.6% in FY 2003; and 10.8% in FY 2004.
Notwithstanding any other provision of this Article, the
total required State contribution to the System for State
fiscal year 2006 is $203,783,900.
Notwithstanding any other provision of this Article, the
total required State contribution to the System for State
fiscal year 2007 is $344,164,400.
For each of State fiscal years 2008 through 2009, the State
contribution to the System, as a percentage of the applicable
employee payroll, shall be increased in equal annual increments
from the required State contribution for State fiscal year
2007, so that by State fiscal year 2011, the State is
contributing at the rate otherwise required under this Section.
Notwithstanding any other provision of this Article, the
total required State General Revenue Fund contribution for
State fiscal year 2010 is $723,703,100 and shall be made from
the proceeds of bonds sold in fiscal year 2010 pursuant to
Section 7.2 of the General Obligation Bond Act, less (i) the
pro rata share of bond sale expenses determined by the System's
share of total bond proceeds, (ii) any amounts received from
the General Revenue Fund in fiscal year 2010, and (iii) any
reduction in bond proceeds due to the issuance of discounted
bonds, if applicable.
Notwithstanding any other provision of this Article, the
total required State General Revenue Fund contribution for
State fiscal year 2011 is the amount recertified by the System
on or before April 1, 2011 pursuant to Section 14-135.08 and
shall be made from the proceeds of bonds sold in fiscal year
2011 pursuant to Section 7.2 of the General Obligation Bond
Act, less (i) the pro rata share of bond sale expenses
determined by the System's share of total bond proceeds, (ii)
any amounts received from the General Revenue Fund in fiscal
year 2011, and (iii) any reduction in bond proceeds due to the
issuance of discounted bonds, if applicable.
Beginning in State fiscal year 2046, the minimum State
contribution for each fiscal year shall be the amount needed to
maintain the total assets of the System at 90% of the total
actuarial liabilities of the System.
Amounts received by the System pursuant to Section 25 of
the Budget Stabilization Act or Section 8.12 of the State
Finance Act in any fiscal year do not reduce and do not
constitute payment of any portion of the minimum State
contribution required under this Article in that fiscal year.
Such amounts shall not reduce, and shall not be included in the
calculation of, the required State contributions under this
Article in any future year until the System has reached a
funding ratio of at least 90%. A reference in this Article to
the "required State contribution" or any substantially similar
term does not include or apply to any amounts payable to the
System under Section 25 of the Budget Stabilization Act.
Notwithstanding any other provision of this Section, the
required State contribution for State fiscal year 2005 and for
fiscal year 2008 and each fiscal year thereafter, as calculated
under this Section and certified under Section 14-135.08, shall
not exceed an amount equal to (i) the amount of the required
State contribution that would have been calculated under this
Section for that fiscal year if the System had not received any
payments under subsection (d) of Section 7.2 of the General
Obligation Bond Act, minus (ii) the portion of the State's
total debt service payments for that fiscal year on the bonds
issued in fiscal year 2003 for the purposes of that Section
7.2, as determined and certified by the Comptroller, that is
the same as the System's portion of the total moneys
distributed under subsection (d) of Section 7.2 of the General
Obligation Bond Act. In determining this maximum for State
fiscal years 2008 through 2010, however, the amount referred to
in item (i) shall be increased, as a percentage of the
applicable employee payroll, in equal increments calculated
from the sum of the required State contribution for State
fiscal year 2007 plus the applicable portion of the State's
total debt service payments for fiscal year 2007 on the bonds
issued in fiscal year 2003 for the purposes of Section 7.2 of
the General Obligation Bond Act, so that, by State fiscal year
2011, the State is contributing at the rate otherwise required
under this Section.
(f) After the submission of all payments for eligible
employees from personal services line items in fiscal year 2004
have been made, the Comptroller shall provide to the System a
certification of the sum of all fiscal year 2004 expenditures
for personal services that would have been covered by payments
to the System under this Section if the provisions of this
amendatory Act of the 93rd General Assembly had not been
enacted. Upon receipt of the certification, the System shall
determine the amount due to the System based on the full rate
certified by the Board under Section 14-135.08 for fiscal year
2004 in order to meet the State's obligation under this
Section. The System shall compare this amount due to the amount
received by the System in fiscal year 2004 through payments
under this Section and under Section 6z-61 of the State Finance
Act. If the amount due is more than the amount received, the
difference shall be termed the "Fiscal Year 2004 Shortfall" for
purposes of this Section, and the Fiscal Year 2004 Shortfall
shall be satisfied under Section 1.2 of the State Pension Funds
Continuing Appropriation Act. If the amount due is less than
the amount received, the difference shall be termed the "Fiscal
Year 2004 Overpayment" for purposes of this Section, and the
Fiscal Year 2004 Overpayment shall be repaid by the System to
the Pension Contribution Fund as soon as practicable after the
certification.
(g) For purposes of determining the required State
contribution to the System, the value of the System's assets
shall be equal to the actuarial value of the System's assets,
which shall be calculated as follows:
As of June 30, 2008, the actuarial value of the System's
assets shall be equal to the market value of the assets as of
that date. In determining the actuarial value of the System's
assets for fiscal years after June 30, 2008, any actuarial
gains or losses from investment return incurred in a fiscal
year shall be recognized in equal annual amounts over the
5-year period following that fiscal year.
(h) For purposes of determining the required State
contribution to the System for a particular year, the actuarial
value of assets shall be assumed to earn a rate of return equal
to the System's actuarially assumed rate of return.
(i) After the submission of all payments for eligible
employees from personal services line items paid from the
General Revenue Fund in fiscal year 2010 have been made, the
Comptroller shall provide to the System a certification of the
sum of all fiscal year 2010 expenditures for personal services
that would have been covered by payments to the System under
this Section if the provisions of this amendatory Act of the
96th General Assembly had not been enacted. Upon receipt of the
certification, the System shall determine the amount due to the
System based on the full rate certified by the Board under
Section 14-135.08 for fiscal year 2010 in order to meet the
State's obligation under this Section. The System shall compare
this amount due to the amount received by the System in fiscal
year 2010 through payments under this Section. If the amount
due is more than the amount received, the difference shall be
termed the "Fiscal Year 2010 Shortfall" for purposes of this
Section, and the Fiscal Year 2010 Shortfall shall be satisfied
under Section 1.2 of the State Pension Funds Continuing
Appropriation Act. If the amount due is less than the amount
received, the difference shall be termed the "Fiscal Year 2010
Overpayment" for purposes of this Section, and the Fiscal Year
2010 Overpayment shall be repaid by the System to the General
Revenue Fund as soon as practicable after the certification.
(j) After the submission of all payments for eligible
employees from personal services line items paid from the
General Revenue Fund in fiscal year 2011 have been made, the
Comptroller shall provide to the System a certification of the
sum of all fiscal year 2011 expenditures for personal services
that would have been covered by payments to the System under
this Section if the provisions of this amendatory Act of the
96th General Assembly had not been enacted. Upon receipt of the
certification, the System shall determine the amount due to the
System based on the full rate certified by the Board under
Section 14-135.08 for fiscal year 2011 in order to meet the
State's obligation under this Section. The System shall compare
this amount due to the amount received by the System in fiscal
year 2011 through payments under this Section. If the amount
due is more than the amount received, the difference shall be
termed the "Fiscal Year 2011 Shortfall" for purposes of this
Section, and the Fiscal Year 2011 Shortfall shall be satisfied
under Section 1.2 of the State Pension Funds Continuing
Appropriation Act. If the amount due is less than the amount
received, the difference shall be termed the "Fiscal Year 2011
Overpayment" for purposes of this Section, and the Fiscal Year
2011 Overpayment shall be repaid by the System to the General
Revenue Fund as soon as practicable after the certification.
(k) For fiscal years 2012 through 2018 2017 only, after the
submission of all payments for eligible employees from personal
services line items paid from the General Revenue Fund in the
fiscal year have been made, the Comptroller shall provide to
the System a certification of the sum of all expenditures in
the fiscal year for personal services. Upon receipt of the
certification, the System shall determine the amount due to the
System based on the full rate certified by the Board under
Section 14-135.08 for the fiscal year in order to meet the
State's obligation under this Section. The System shall compare
this amount due to the amount received by the System for the
fiscal year. If the amount due is more than the amount
received, the difference shall be termed the "Prior Fiscal Year
Shortfall" for purposes of this Section, and the Prior Fiscal
Year Shortfall shall be satisfied under Section 1.2 of the
State Pension Funds Continuing Appropriation Act. If the amount
due is less than the amount received, the difference shall be
termed the "Prior Fiscal Year Overpayment" for purposes of this
Section, and the Prior Fiscal Year Overpayment shall be repaid
by the System to the General Revenue Fund as soon as
practicable after the certification.
(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; 99-8,
eff. 7-9-15; 99-523, eff. 6-30-16.)
(40 ILCS 5/14-135.08) (from Ch. 108 1/2, par. 14-135.08)
(Text of Section WITHOUT the changes made by P.A. 98-599,
which has been held unconstitutional)
Sec. 14-135.08. To certify required State contributions.
(a) To certify to the Governor and to each department, on
or before November 15 of each year until November 15, 2011, the
required rate for State contributions to the System for the
next State fiscal year, as determined under subsection (b) of
Section 14-131. The certification to the Governor under this
subsection (a) shall include a copy of the actuarial
recommendations upon which the rate is based and shall
specifically identify the System's projected State normal cost
for that fiscal year.
(a-5) On or before November 1 of each year, beginning
November 1, 2012, the Board shall submit to the State Actuary,
the Governor, and the General Assembly a proposed certification
of the amount of the required State contribution to the System
for the next fiscal year, along with all of the actuarial
assumptions, calculations, and data upon which that proposed
certification is based. On or before January 1 of each year
beginning January 1, 2013, the State Actuary shall issue a
preliminary report concerning the proposed certification and
identifying, if necessary, recommended changes in actuarial
assumptions that the Board must consider before finalizing its
certification of the required State contributions. On or before
January 15, 2013 and each January 15 thereafter, the Board
shall certify to the Governor and the General Assembly the
amount of the required State contribution for the next fiscal
year. The Board's certification must note any deviations from
the State Actuary's recommended changes, the reason or reasons
for not following the State Actuary's recommended changes, and
the fiscal impact of not following the State Actuary's
recommended changes on the required State contribution.
(b) The certifications under subsections (a) and (a-5)
shall include an additional amount necessary to pay all
principal of and interest on those general obligation bonds due
the next fiscal year authorized by Section 7.2(a) of the
General Obligation Bond Act and issued to provide the proceeds
deposited by the State with the System in July 2003,
representing deposits other than amounts reserved under
Section 7.2(c) of the General Obligation Bond Act. For State
fiscal year 2005, the Board shall make a supplemental
certification of the additional amount necessary to pay all
principal of and interest on those general obligation bonds due
in State fiscal years 2004 and 2005 authorized by Section
7.2(a) of the General Obligation Bond Act and issued to provide
the proceeds deposited by the State with the System in July
2003, representing deposits other than amounts reserved under
Section 7.2(c) of the General Obligation Bond Act, as soon as
practical after the effective date of this amendatory Act of
the 93rd General Assembly.
On or before May 1, 2004, the Board shall recalculate and
recertify to the Governor and to each department the amount of
the required State contribution to the System and the required
rates for State contributions to the System for State fiscal
year 2005, taking into account the amounts appropriated to and
received by the System under subsection (d) of Section 7.2 of
the General Obligation Bond Act.
On or before July 1, 2005, the Board shall recalculate and
recertify to the Governor and to each department the amount of
the required State contribution to the System and the required
rates for State contributions to the System for State fiscal
year 2006, taking into account the changes in required State
contributions made by this amendatory Act of the 94th General
Assembly.
On or before April 1, 2011, the Board shall recalculate and
recertify to the Governor and to each department the amount of
the required State contribution to the System for State fiscal
year 2011, applying the changes made by Public Act 96-889 to
the System's assets and liabilities as of June 30, 2009 as
though Public Act 96-889 was approved on that date.
By November 1, 2017, the Board shall recalculate and
recertify to the State Actuary, the Governor, and the General
Assembly the amount of the State contribution to the System for
State fiscal year 2018, taking into account the changes in
required State contributions made by this amendatory Act of the
100th General Assembly. The State Actuary shall review the
assumptions and valuations underlying the Board's revised
certification and issue a preliminary report concerning the
proposed recertification and identifying, if necessary,
recommended changes in actuarial assumptions that the Board
must consider before finalizing its certification of the
required State contributions. The Board's final certification
must note any deviations from the State Actuary's recommended
changes, the reason or reasons for not following the State
Actuary's recommended changes, and the fiscal impact of not
following the State Actuary's recommended changes on the
required State contribution.
(Source: P.A. 96-1497, eff. 1-14-11; 96-1511, eff. 1-27-11;
97-694, eff. 6-18-12.)
(40 ILCS 5/14-152.1)
(Text of Section WITHOUT the changes made by P.A. 98-599,
which has been held unconstitutional)
Sec. 14-152.1. Application and expiration of new benefit
increases.
(a) As used in this Section, "new benefit increase" means
an increase in the amount of any benefit provided under this
Article, or an expansion of the conditions of eligibility for
any benefit under this Article, that results from an amendment
to this Code that takes effect after June 1, 2005 (the
effective date of Public Act 94-4). "New benefit increase",
however, does not include any benefit increase resulting from
the changes made to Article 1 or this Article by Public Act
96-37 or by this amendatory Act of the 100th General Assembly
this amendatory Act of the 96th General Assembly.
(b) Notwithstanding any other provision of this Code or any
subsequent amendment to this Code, every new benefit increase
is subject to this Section and shall be deemed to be granted
only in conformance with and contingent upon compliance with
the provisions of this Section.
(c) The Public Act enacting a new benefit increase must
identify and provide for payment to the System of additional
funding at least sufficient to fund the resulting annual
increase in cost to the System as it accrues.
Every new benefit increase is contingent upon the General
Assembly providing the additional funding required under this
subsection. The Commission on Government Forecasting and
Accountability shall analyze whether adequate additional
funding has been provided for the new benefit increase and
shall report its analysis to the Public Pension Division of the
Department of Insurance Financial and Professional Regulation.
A new benefit increase created by a Public Act that does not
include the additional funding required under this subsection
is null and void. If the Public Pension Division determines
that the additional funding provided for a new benefit increase
under this subsection is or has become inadequate, it may so
certify to the Governor and the State Comptroller and, in the
absence of corrective action by the General Assembly, the new
benefit increase shall expire at the end of the fiscal year in
which the certification is made.
(d) Every new benefit increase shall expire 5 years after
its effective date or on such earlier date as may be specified
in the language enacting the new benefit increase or provided
under subsection (c). This does not prevent the General
Assembly from extending or re-creating a new benefit increase
by law.
(e) Except as otherwise provided in the language creating
the new benefit increase, a new benefit increase that expires
under this Section continues to apply to persons who applied
and qualified for the affected benefit while the new benefit
increase was in effect and to the affected beneficiaries and
alternate payees of such persons, but does not apply to any
other person, including without limitation a person who
continues in service after the expiration date and did not
apply and qualify for the affected benefit while the new
benefit increase was in effect.
(Source: P.A. 96-37, eff. 7-13-09.)
(40 ILCS 5/15-108.2)
Sec. 15-108.2. Tier 2 member. "Tier 2 member": A person who
first becomes a participant under this Article on or after
January 1, 2011 and before 6 months after the effective date of
this amendatory Act of the 100th General Assembly, other than a
person in the self-managed plan established under Section
15-158.2 or a person who makes the election under subsection
(c) of Section 1-161, unless the person is otherwise a Tier 1
member. The changes made to this Section by this amendatory Act
of the 98th General Assembly are a correction of existing law
and are intended to be retroactive to the effective date of
Public Act 96-889, notwithstanding the provisions of Section
1-103.1 of this Code.
(Source: P.A. 98-92, eff. 7-16-13; 98-596, eff. 11-19-13.)
(40 ILCS 5/15-155) (from Ch. 108 1/2, par. 15-155)
Sec. 15-155. Employer contributions.
(a) The State of Illinois shall make contributions by
appropriations of amounts which, together with the other
employer contributions from trust, federal, and other funds,
employee contributions, income from investments, and other
income of this System, will be sufficient to meet the cost of
maintaining and administering the System on a 90% funded basis
in accordance with actuarial recommendations.
The Board shall determine the amount of State contributions
required for each fiscal year on the basis of the actuarial
tables and other assumptions adopted by the Board and the
recommendations of the actuary, using the formula in subsection
(a-1).
(a-1) For State fiscal years 2012 through 2045, the minimum
contribution to the System to be made by the State for each
fiscal year shall be an amount determined by the System to be
sufficient to bring the total assets of the System up to 90% of
the total actuarial liabilities of the System by the end of
State fiscal year 2045. In making these determinations, the
required State contribution shall be calculated each year as a
level percentage of payroll over the years remaining to and
including fiscal year 2045 and shall be determined under the
projected unit credit actuarial cost method.
For each of State fiscal years 2018, 2019, and 2020, the
State shall make an additional contribution to the System equal
to 2% of the total payroll of each employee who is deemed to
have elected the benefits under Section 1-161 or who has made
the election under subsection (c) of Section 1-161.
A change in an actuarial or investment assumption that
increases or decreases the required State contribution and
first applies in State fiscal year 2018 or thereafter shall be
implemented in equal annual amounts over a 5-year period
beginning in the State fiscal year in which the actuarial
change first applies to the required State contribution.
A change in an actuarial or investment assumption that
increases or decreases the required State contribution and
first applied to the State contribution in fiscal year 2014,
2015, 2016, or 2017 shall be implemented:
(i) as already applied in State fiscal years before
2018; and
(ii) in the portion of the 5-year period beginning in
the State fiscal year in which the actuarial change first
applied that occurs in State fiscal year 2018 or
thereafter, by calculating the change in equal annual
amounts over that 5-year period and then implementing it at
the resulting annual rate in each of the remaining fiscal
years in that 5-year period.
For State fiscal years 1996 through 2005, the State
contribution to the System, as a percentage of the applicable
employee payroll, shall be increased in equal annual increments
so that by State fiscal year 2011, the State is contributing at
the rate required under this Section.
Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2006 is
$166,641,900.
Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2007 is
$252,064,100.
For each of State fiscal years 2008 through 2009, the State
contribution to the System, as a percentage of the applicable
employee payroll, shall be increased in equal annual increments
from the required State contribution for State fiscal year
2007, so that by State fiscal year 2011, the State is
contributing at the rate otherwise required under this Section.
Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2010 is
$702,514,000 and shall be made from the State Pensions Fund and
proceeds of bonds sold in fiscal year 2010 pursuant to Section
7.2 of the General Obligation Bond Act, less (i) the pro rata
share of bond sale expenses determined by the System's share of
total bond proceeds, (ii) any amounts received from the General
Revenue Fund in fiscal year 2010, (iii) any reduction in bond
proceeds due to the issuance of discounted bonds, if
applicable.
Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2011 is
the amount recertified by the System on or before April 1, 2011
pursuant to Section 15-165 and shall be made from the State
Pensions Fund and proceeds of bonds sold in fiscal year 2011
pursuant to Section 7.2 of the General Obligation Bond Act,
less (i) the pro rata share of bond sale expenses determined by
the System's share of total bond proceeds, (ii) any amounts
received from the General Revenue Fund in fiscal year 2011, and
(iii) any reduction in bond proceeds due to the issuance of
discounted bonds, if applicable.
Beginning in State fiscal year 2046, the minimum State
contribution for each fiscal year shall be the amount needed to
maintain the total assets of the System at 90% of the total
actuarial liabilities of the System.
Amounts received by the System pursuant to Section 25 of
the Budget Stabilization Act or Section 8.12 of the State
Finance Act in any fiscal year do not reduce and do not
constitute payment of any portion of the minimum State
contribution required under this Article in that fiscal year.
Such amounts shall not reduce, and shall not be included in the
calculation of, the required State contributions under this
Article in any future year until the System has reached a
funding ratio of at least 90%. A reference in this Article to
the "required State contribution" or any substantially similar
term does not include or apply to any amounts payable to the
System under Section 25 of the Budget Stabilization Act.
Notwithstanding any other provision of this Section, the
required State contribution for State fiscal year 2005 and for
fiscal year 2008 and each fiscal year thereafter, as calculated
under this Section and certified under Section 15-165, shall
not exceed an amount equal to (i) the amount of the required
State contribution that would have been calculated under this
Section for that fiscal year if the System had not received any
payments under subsection (d) of Section 7.2 of the General
Obligation Bond Act, minus (ii) the portion of the State's
total debt service payments for that fiscal year on the bonds
issued in fiscal year 2003 for the purposes of that Section
7.2, as determined and certified by the Comptroller, that is
the same as the System's portion of the total moneys
distributed under subsection (d) of Section 7.2 of the General
Obligation Bond Act. In determining this maximum for State
fiscal years 2008 through 2010, however, the amount referred to
in item (i) shall be increased, as a percentage of the
applicable employee payroll, in equal increments calculated
from the sum of the required State contribution for State
fiscal year 2007 plus the applicable portion of the State's
total debt service payments for fiscal year 2007 on the bonds
issued in fiscal year 2003 for the purposes of Section 7.2 of
the General Obligation Bond Act, so that, by State fiscal year
2011, the State is contributing at the rate otherwise required
under this Section.
(a-2) Beginning in fiscal year 2018, each employer under
this Article shall pay to the System a required contribution
determined as a percentage of projected payroll and sufficient
to produce an annual amount equal to:
(i) for each of fiscal years 2018, 2019, and 2020, the
defined benefit normal cost of the defined benefit plan,
less the employee contribution, for each employee of that
employer who has elected or who is deemed to have elected
the benefits under Section 1-161 or who has made the
election under subsection (c) of Section 1-161; for fiscal
year 2021 and each fiscal year thereafter, the defined
benefit normal cost of the defined benefit plan, less the
employee contribution, plus 2%, for each employee of that
employer who has elected or who is deemed to have elected
the benefits under Section 1-161 or who has made the
election under subsection (c) of Section 1-161; plus
(ii) the amount required for that fiscal year to
amortize any unfunded actuarial accrued liability
associated with the present value of liabilities
attributable to the employer's account under Section
15-155.2, determined as a level percentage of payroll over
a 30-year rolling amortization period.
In determining contributions required under item (i) of
this subsection, the System shall determine an aggregate rate
for all employers, expressed as a percentage of projected
payroll.
In determining the contributions required under item (ii)
of this subsection, the amount shall be computed by the System
on the basis of the actuarial assumptions and tables used in
the most recent actuarial valuation of the System that is
available at the time of the computation.
The contributions required under this subsection (a-2)
shall be paid by an employer concurrently with that employer's
payroll payment period. The State, as the actual employer of an
employee, shall make the required contributions under this
subsection.
As used in this subsection, "academic year" means the
12-month period beginning September 1.
(b) If an employee is paid from trust or federal funds, the
employer shall pay to the Board contributions from those funds
which are sufficient to cover the accruing normal costs on
behalf of the employee. However, universities having employees
who are compensated out of local auxiliary funds, income funds,
or service enterprise funds are not required to pay such
contributions on behalf of those employees. The local auxiliary
funds, income funds, and service enterprise funds of
universities shall not be considered trust funds for the
purpose of this Article, but funds of alumni associations,
foundations, and athletic associations which are affiliated
with the universities included as employers under this Article
and other employers which do not receive State appropriations
are considered to be trust funds for the purpose of this
Article.
(b-1) The City of Urbana and the City of Champaign shall
each make employer contributions to this System for their
respective firefighter employees who participate in this
System pursuant to subsection (h) of Section 15-107. The rate
of contributions to be made by those municipalities shall be
determined annually by the Board on the basis of the actuarial
assumptions adopted by the Board and the recommendations of the
actuary, and shall be expressed as a percentage of salary for
each such employee. The Board shall certify the rate to the
affected municipalities as soon as may be practical. The
employer contributions required under this subsection shall be
remitted by the municipality to the System at the same time and
in the same manner as employee contributions.
(c) Through State fiscal year 1995: The total employer
contribution shall be apportioned among the various funds of
the State and other employers, whether trust, federal, or other
funds, in accordance with actuarial procedures approved by the
Board. State of Illinois contributions for employers receiving
State appropriations for personal services shall be payable
from appropriations made to the employers or to the System. The
contributions for Class I community colleges covering earnings
other than those paid from trust and federal funds, shall be
payable solely from appropriations to the Illinois Community
College Board or the System for employer contributions.
(d) Beginning in State fiscal year 1996, the required State
contributions to the System shall be appropriated directly to
the System and shall be payable through vouchers issued in
accordance with subsection (c) of Section 15-165, except as
provided in subsection (g).
(e) The State Comptroller shall draw warrants payable to
the System upon proper certification by the System or by the
employer in accordance with the appropriation laws and this
Code.
(f) Normal costs under this Section means liability for
pensions and other benefits which accrues to the System because
of the credits earned for service rendered by the participants
during the fiscal year and expenses of administering the
System, but shall not include the principal of or any
redemption premium or interest on any bonds issued by the Board
or any expenses incurred or deposits required in connection
therewith.
(g) If the amount of a participant's earnings for any
academic year used to determine the final rate of earnings,
determined on a full-time equivalent basis, exceeds the amount
of his or her earnings with the same employer for the previous
academic year, determined on a full-time equivalent basis, by
more than 6%, the participant's employer shall pay to the
System, in addition to all other payments required under this
Section and in accordance with guidelines established by the
System, the present value of the increase in benefits resulting
from the portion of the increase in earnings that is in excess
of 6%. This present value shall be computed by the System on
the basis of the actuarial assumptions and tables used in the
most recent actuarial valuation of the System that is available
at the time of the computation. The System may require the
employer to provide any pertinent information or
documentation.
Whenever it determines that a payment is or may be required
under this subsection (g), the System shall calculate the
amount of the payment and bill the employer for that amount.
The bill shall specify the calculations used to determine the
amount due. If the employer disputes the amount of the bill, it
may, within 30 days after receipt of the bill, apply to the
System in writing for a recalculation. The application must
specify in detail the grounds of the dispute and, if the
employer asserts that the calculation is subject to subsection
(h) or (i) of this Section, must include an affidavit setting
forth and attesting to all facts within the employer's
knowledge that are pertinent to the applicability of subsection
(h) or (i). Upon receiving a timely application for
recalculation, the System shall review the application and, if
appropriate, recalculate the amount due.
The employer contributions required under this subsection
(g) may be paid in the form of a lump sum within 90 days after
receipt of the bill. If the employer contributions are not paid
within 90 days after receipt of the bill, then interest will be
charged at a rate equal to the System's annual actuarially
assumed rate of return on investment compounded annually from
the 91st day after receipt of the bill. Payments must be
concluded within 3 years after the employer's receipt of the
bill.
When assessing payment for any amount due under this
subsection (g), the System shall include earnings, to the
extent not established by a participant under Section 15-113.11
or 15-113.12, that would have been paid to the participant had
the participant not taken (i) periods of voluntary or
involuntary furlough occurring on or after July 1, 2015 and on
or before June 30, 2017 or (ii) periods of voluntary pay
reduction in lieu of furlough occurring on or after July 1,
2015 and on or before June 30, 2017. Determining earnings that
would have been paid to a participant had the participant not
taken periods of voluntary or involuntary furlough or periods
of voluntary pay reduction shall be the responsibility of the
employer, and shall be reported in a manner prescribed by the
System.
(h) This subsection (h) applies only to payments made or
salary increases given on or after June 1, 2005 but before July
1, 2011. The changes made by Public Act 94-1057 shall not
require the System to refund any payments received before July
31, 2006 (the effective date of Public Act 94-1057).
When assessing payment for any amount due under subsection
(g), the System shall exclude earnings increases paid to
participants under contracts or collective bargaining
agreements entered into, amended, or renewed before June 1,
2005.
When assessing payment for any amount due under subsection
(g), the System shall exclude earnings increases paid to a
participant at a time when the participant is 10 or more years
from retirement eligibility under Section 15-135.
When assessing payment for any amount due under subsection
(g), the System shall exclude earnings increases resulting from
overload work, including a contract for summer teaching, or
overtime when the employer has certified to the System, and the
System has approved the certification, that: (i) in the case of
overloads (A) the overload work is for the sole purpose of
academic instruction in excess of the standard number of
instruction hours for a full-time employee occurring during the
academic year that the overload is paid and (B) the earnings
increases are equal to or less than the rate of pay for
academic instruction computed using the participant's current
salary rate and work schedule; and (ii) in the case of
overtime, the overtime was necessary for the educational
mission.
When assessing payment for any amount due under subsection
(g), the System shall exclude any earnings increase resulting
from (i) a promotion for which the employee moves from one
classification to a higher classification under the State
Universities Civil Service System, (ii) a promotion in academic
rank for a tenured or tenure-track faculty position, or (iii) a
promotion that the Illinois Community College Board has
recommended in accordance with subsection (k) of this Section.
These earnings increases shall be excluded only if the
promotion is to a position that has existed and been filled by
a member for no less than one complete academic year and the
earnings increase as a result of the promotion is an increase
that results in an amount no greater than the average salary
paid for other similar positions.
(i) When assessing payment for any amount due under
subsection (g), the System shall exclude any salary increase
described in subsection (h) of this Section given on or after
July 1, 2011 but before July 1, 2014 under a contract or
collective bargaining agreement entered into, amended, or
renewed on or after June 1, 2005 but before July 1, 2011.
Notwithstanding any other provision of this Section, any
payments made or salary increases given after June 30, 2014
shall be used in assessing payment for any amount due under
subsection (g) of this Section.
(j) The System shall prepare a report and file copies of
the report with the Governor and the General Assembly by
January 1, 2007 that contains all of the following information:
(1) The number of recalculations required by the
changes made to this Section by Public Act 94-1057 for each
employer.
(2) The dollar amount by which each employer's
contribution to the System was changed due to
recalculations required by Public Act 94-1057.
(3) The total amount the System received from each
employer as a result of the changes made to this Section by
Public Act 94-4.
(4) The increase in the required State contribution
resulting from the changes made to this Section by Public
Act 94-1057.
(j-5) For academic years beginning on or after July 1,
2017, if the amount of a participant's earnings for any school
year, determined on a full-time equivalent basis, exceeds the
amount of the salary set for the Governor, the participant's
employer shall pay to the System, in addition to all other
payments required under this Section and in accordance with
guidelines established by the System, an amount determined by
the System to be equal to the employer normal cost, as
established by the System and expressed as a total percentage
of payroll, multiplied by the amount of earnings in excess of
the amount of the salary set for the Governor. This amount
shall be computed by the System on the basis of the actuarial
assumptions and tables used in the most recent actuarial
valuation of the System that is available at the time of the
computation. The System may require the employer to provide any
pertinent information or documentation.
Whenever it determines that a payment is or may be required
under this subsection, the System shall calculate the amount of
the payment and bill the employer for that amount. The bill
shall specify the calculations used to determine the amount
due. If the employer disputes the amount of the bill, it may,
within 30 days after receipt of the bill, apply to the System
in writing for a recalculation. The application must specify in
detail the grounds of the dispute. Upon receiving a timely
application for recalculation, the System shall review the
application and, if appropriate, recalculate the amount due.
The employer contributions required under this subsection
may be paid in the form of a lump sum within 90 days after
receipt of the bill. If the employer contributions are not paid
within 90 days after receipt of the bill, then interest will be
charged at a rate equal to the System's annual actuarially
assumed rate of return on investment compounded annually from
the 91st day after receipt of the bill. Payments must be
concluded within 3 years after the employer's receipt of the
bill.
(k) The Illinois Community College Board shall adopt rules
for recommending lists of promotional positions submitted to
the Board by community colleges and for reviewing the
promotional lists on an annual basis. When recommending
promotional lists, the Board shall consider the similarity of
the positions submitted to those positions recognized for State
universities by the State Universities Civil Service System.
The Illinois Community College Board shall file a copy of its
findings with the System. The System shall consider the
findings of the Illinois Community College Board when making
determinations under this Section. The System shall not exclude
any earnings increases resulting from a promotion when the
promotion was not submitted by a community college. Nothing in
this subsection (k) shall require any community college to
submit any information to the Community College Board.
(l) For purposes of determining the required State
contribution to the System, the value of the System's assets
shall be equal to the actuarial value of the System's assets,
which shall be calculated as follows:
As of June 30, 2008, the actuarial value of the System's
assets shall be equal to the market value of the assets as of
that date. In determining the actuarial value of the System's
assets for fiscal years after June 30, 2008, any actuarial
gains or losses from investment return incurred in a fiscal
year shall be recognized in equal annual amounts over the
5-year period following that fiscal year.
(m) For purposes of determining the required State
contribution to the system for a particular year, the actuarial
value of assets shall be assumed to earn a rate of return equal
to the system's actuarially assumed rate of return.
(Source: P.A. 98-92, eff. 7-16-13; 98-463, eff. 8-16-13;
99-897, eff. 1-1-17.)
(40 ILCS 5/15-155.2 new)
Sec. 15-155.2. Individual employer accounts.
(a) The System shall create and maintain an individual
account for each employer for the purposes of determining
employer contributions under subsection (a-2) of Section
15-155. Each employer's account shall be notionally charged
with the liabilities attributable to that employer and credited
with the assets attributable to that employer.
(b) Beginning with fiscal year 2018, the System shall
assign notional liabilities to each employer's account, equal
to the amount of employer contributions required to be made by
the employer pursuant to items (i) and (ii) of subsection (a-2)
of Section 15-155, plus any unfunded actuarial accrued
liability associated with the defined benefits attributable to
the employer's employees who first became participants on or
after the implementation date and the employer's employees who
made the election under subsection (c-5) of Section 1-161.
(c) Beginning with fiscal year 2018, the System shall
assign notional assets to each employer's account equal to the
amounts of employer contributions made pursuant to items (i)
and (ii) of subsection (a-2) of Section 15-155.
(40 ILCS 5/15-165) (from Ch. 108 1/2, par. 15-165)
(Text of Section WITHOUT the changes made by P.A. 98-599,
which has been held unconstitutional)
Sec. 15-165. To certify amounts and submit vouchers.
(a) The Board shall certify to the Governor on or before
November 15 of each year until November 15, 2011 the
appropriation required from State funds for the purposes of
this System for the following fiscal year. The certification
under this subsection (a) shall include a copy of the actuarial
recommendations upon which it is based and shall specifically
identify the System's projected State normal cost for that
fiscal year and the projected State cost for the self-managed
plan for that fiscal year.
On or before May 1, 2004, the Board shall recalculate and
recertify to the Governor the amount of the required State
contribution to the System for State fiscal year 2005, taking
into account the amounts appropriated to and received by the
System under subsection (d) of Section 7.2 of the General
Obligation Bond Act.
On or before July 1, 2005, the Board shall recalculate and
recertify to the Governor the amount of the required State
contribution to the System for State fiscal year 2006, taking
into account the changes in required State contributions made
by this amendatory Act of the 94th General Assembly.
On or before April 1, 2011, the Board shall recalculate and
recertify to the Governor the amount of the required State
contribution to the System for State fiscal year 2011, applying
the changes made by Public Act 96-889 to the System's assets
and liabilities as of June 30, 2009 as though Public Act 96-889
was approved on that date.
(a-5) On or before November 1 of each year, beginning
November 1, 2012, the Board shall submit to the State Actuary,
the Governor, and the General Assembly a proposed certification
of the amount of the required State contribution to the System
for the next fiscal year, along with all of the actuarial
assumptions, calculations, and data upon which that proposed
certification is based. On or before January 1 of each year,
beginning January 1, 2013, the State Actuary shall issue a
preliminary report concerning the proposed certification and
identifying, if necessary, recommended changes in actuarial
assumptions that the Board must consider before finalizing its
certification of the required State contributions. On or before
January 15, 2013 and each January 15 thereafter, the Board
shall certify to the Governor and the General Assembly the
amount of the required State contribution for the next fiscal
year. The Board's certification must note, in a written
response to the State Actuary, any deviations from the State
Actuary's recommended changes, the reason or reasons for not
following the State Actuary's recommended changes, and the
fiscal impact of not following the State Actuary's recommended
changes on the required State contribution.
(a-10) By November 1, 2017, the Board shall recalculate and
recertify to the State Actuary, the Governor, and the General
Assembly the amount of the State contribution to the System for
State fiscal year 2018, taking into account the changes in
required State contributions made by this amendatory Act of the
100th General Assembly. The State Actuary shall review the
assumptions and valuations underlying the Board's revised
certification and issue a preliminary report concerning the
proposed recertification and identifying, if necessary,
recommended changes in actuarial assumptions that the Board
must consider before finalizing its certification of the
required State contributions. The Board's final certification
must note any deviations from the State Actuary's recommended
changes, the reason or reasons for not following the State
Actuary's recommended changes, and the fiscal impact of not
following the State Actuary's recommended changes on the
required State contribution.
(b) The Board shall certify to the State Comptroller or
employer, as the case may be, from time to time, by its
chairperson and secretary, with its seal attached, the amounts
payable to the System from the various funds.
(c) Beginning in State fiscal year 1996, on or as soon as
possible after the 15th day of each month the Board shall
submit vouchers for payment of State contributions to the
System, in a total monthly amount of one-twelfth of the
required annual State contribution certified under subsection
(a). From the effective date of this amendatory Act of the 93rd
General Assembly through June 30, 2004, the Board shall not
submit vouchers for the remainder of fiscal year 2004 in excess
of the fiscal year 2004 certified contribution amount
determined under this Section after taking into consideration
the transfer to the System under subsection (b) of Section
6z-61 of the State Finance Act. These vouchers shall be paid by
the State Comptroller and Treasurer by warrants drawn on the
funds appropriated to the System for that fiscal year.
If in any month the amount remaining unexpended from all
other appropriations to the System for the applicable fiscal
year (including the appropriations to the System under Section
8.12 of the State Finance Act and Section 1 of the State
Pension Funds Continuing Appropriation Act) is less than the
amount lawfully vouchered under this Section, the difference
shall be paid from the General Revenue Fund under the
continuing appropriation authority provided in Section 1.1 of
the State Pension Funds Continuing Appropriation Act.
(d) So long as the payments received are the full amount
lawfully vouchered under this Section, payments received by the
System under this Section shall be applied first toward the
employer contribution to the self-managed plan established
under Section 15-158.2. Payments shall be applied second toward
the employer's portion of the normal costs of the System, as
defined in subsection (f) of Section 15-155. The balance shall
be applied toward the unfunded actuarial liabilities of the
System.
(e) In the event that the System does not receive, as a
result of legislative enactment or otherwise, payments
sufficient to fully fund the employer contribution to the
self-managed plan established under Section 15-158.2 and to
fully fund that portion of the employer's portion of the normal
costs of the System, as calculated in accordance with Section
15-155(a-1), then any payments received shall be applied
proportionately to the optional retirement program established
under Section 15-158.2 and to the employer's portion of the
normal costs of the System, as calculated in accordance with
Section 15-155(a-1).
(Source: P.A. 97-694, eff. 6-18-12; 98-92, eff. 7-16-13.)
(40 ILCS 5/15-198)
(Text of Section WITHOUT the changes made by P.A. 98-599,
which has been held unconstitutional)
Sec. 15-198. Application and expiration of new benefit
increases.
(a) As used in this Section, "new benefit increase" means
an increase in the amount of any benefit provided under this
Article, or an expansion of the conditions of eligibility for
any benefit under this Article, that results from an amendment
to this Code that takes effect after the effective date of this
amendatory Act of the 94th General Assembly. "New benefit
increase", however, does not include any benefit increase
resulting from the changes made to Article 1 or this Article by
this amendatory Act of the 100th General Assembly.
(b) Notwithstanding any other provision of this Code or any
subsequent amendment to this Code, every new benefit increase
is subject to this Section and shall be deemed to be granted
only in conformance with and contingent upon compliance with
the provisions of this Section.
(c) The Public Act enacting a new benefit increase must
identify and provide for payment to the System of additional
funding at least sufficient to fund the resulting annual
increase in cost to the System as it accrues.
Every new benefit increase is contingent upon the General
Assembly providing the additional funding required under this
subsection. The Commission on Government Forecasting and
Accountability shall analyze whether adequate additional
funding has been provided for the new benefit increase and
shall report its analysis to the Public Pension Division of the
Department of Insurance Financial and Professional Regulation.
A new benefit increase created by a Public Act that does not
include the additional funding required under this subsection
is null and void. If the Public Pension Division determines
that the additional funding provided for a new benefit increase
under this subsection is or has become inadequate, it may so
certify to the Governor and the State Comptroller and, in the
absence of corrective action by the General Assembly, the new
benefit increase shall expire at the end of the fiscal year in
which the certification is made.
(d) Every new benefit increase shall expire 5 years after
its effective date or on such earlier date as may be specified
in the language enacting the new benefit increase or provided
under subsection (c). This does not prevent the General
Assembly from extending or re-creating a new benefit increase
by law.
(e) Except as otherwise provided in the language creating
the new benefit increase, a new benefit increase that expires
under this Section continues to apply to persons who applied
and qualified for the affected benefit while the new benefit
increase was in effect and to the affected beneficiaries and
alternate payees of such persons, but does not apply to any
other person, including without limitation a person who
continues in service after the expiration date and did not
apply and qualify for the affected benefit while the new
benefit increase was in effect.
(Source: P.A. 94-4, eff. 6-1-05.)
(40 ILCS 5/16-158) (from Ch. 108 1/2, par. 16-158)
(Text of Section WITHOUT the changes made by P.A. 98-599,
which has been held unconstitutional)
Sec. 16-158. Contributions by State and other employing
units.
(a) The State shall make contributions to the System by
means of appropriations from the Common School Fund and other
State funds of amounts which, together with other employer
contributions, employee contributions, investment income, and
other income, will be sufficient to meet the cost of
maintaining and administering the System on a 90% funded basis
in accordance with actuarial recommendations.
The Board shall determine the amount of State contributions
required for each fiscal year on the basis of the actuarial
tables and other assumptions adopted by the Board and the
recommendations of the actuary, using the formula in subsection
(b-3).
(a-1) Annually, on or before November 15 until November 15,
2011, the Board shall certify to the Governor the amount of the
required State contribution for the coming fiscal year. The
certification under this subsection (a-1) shall include a copy
of the actuarial recommendations upon which it is based and
shall specifically identify the System's projected State
normal cost for that fiscal year.
On or before May 1, 2004, the Board shall recalculate and
recertify to the Governor the amount of the required State
contribution to the System for State fiscal year 2005, taking
into account the amounts appropriated to and received by the
System under subsection (d) of Section 7.2 of the General
Obligation Bond Act.
On or before July 1, 2005, the Board shall recalculate and
recertify to the Governor the amount of the required State
contribution to the System for State fiscal year 2006, taking
into account the changes in required State contributions made
by this amendatory Act of the 94th General Assembly.
On or before April 1, 2011, the Board shall recalculate and
recertify to the Governor the amount of the required State
contribution to the System for State fiscal year 2011, applying
the changes made by Public Act 96-889 to the System's assets
and liabilities as of June 30, 2009 as though Public Act 96-889
was approved on that date.
(a-5) On or before November 1 of each year, beginning
November 1, 2012, the Board shall submit to the State Actuary,
the Governor, and the General Assembly a proposed certification
of the amount of the required State contribution to the System
for the next fiscal year, along with all of the actuarial
assumptions, calculations, and data upon which that proposed
certification is based. On or before January 1 of each year,
beginning January 1, 2013, the State Actuary shall issue a
preliminary report concerning the proposed certification and
identifying, if necessary, recommended changes in actuarial
assumptions that the Board must consider before finalizing its
certification of the required State contributions. On or before
January 15, 2013 and each January 15 thereafter, the Board
shall certify to the Governor and the General Assembly the
amount of the required State contribution for the next fiscal
year. The Board's certification must note any deviations from
the State Actuary's recommended changes, the reason or reasons
for not following the State Actuary's recommended changes, and
the fiscal impact of not following the State Actuary's
recommended changes on the required State contribution.
(a-10) By November 1, 2017, the Board shall recalculate and
recertify to the State Actuary, the Governor, and the General
Assembly the amount of the State contribution to the System for
State fiscal year 2018, taking into account the changes in
required State contributions made by this amendatory Act of the
100th General Assembly. The State Actuary shall review the
assumptions and valuations underlying the Board's revised
certification and issue a preliminary report concerning the
proposed recertification and identifying, if necessary,
recommended changes in actuarial assumptions that the Board
must consider before finalizing its certification of the
required State contributions. The Board's final certification
must note any deviations from the State Actuary's recommended
changes, the reason or reasons for not following the State
Actuary's recommended changes, and the fiscal impact of not
following the State Actuary's recommended changes on the
required State contribution.
(b) Through State fiscal year 1995, the State contributions
shall be paid to the System in accordance with Section 18-7 of
the School Code.
(b-1) Beginning in State fiscal year 1996, on the 15th day
of each month, or as soon thereafter as may be practicable, the
Board shall submit vouchers for payment of State contributions
to the System, in a total monthly amount of one-twelfth of the
required annual State contribution certified under subsection
(a-1). From the effective date of this amendatory Act of the
93rd General Assembly through June 30, 2004, the Board shall
not submit vouchers for the remainder of fiscal year 2004 in
excess of the fiscal year 2004 certified contribution amount
determined under this Section after taking into consideration
the transfer to the System under subsection (a) of Section
6z-61 of the State Finance Act. These vouchers shall be paid by
the State Comptroller and Treasurer by warrants drawn on the
funds appropriated to the System for that fiscal year.
If in any month the amount remaining unexpended from all
other appropriations to the System for the applicable fiscal
year (including the appropriations to the System under Section
8.12 of the State Finance Act and Section 1 of the State
Pension Funds Continuing Appropriation Act) is less than the
amount lawfully vouchered under this subsection, the
difference shall be paid from the Common School Fund under the
continuing appropriation authority provided in Section 1.1 of
the State Pension Funds Continuing Appropriation Act.
(b-2) Allocations from the Common School Fund apportioned
to school districts not coming under this System shall not be
diminished or affected by the provisions of this Article.
(b-3) For State fiscal years 2012 through 2045, the minimum
contribution to the System to be made by the State for each
fiscal year shall be an amount determined by the System to be
sufficient to bring the total assets of the System up to 90% of
the total actuarial liabilities of the System by the end of
State fiscal year 2045. In making these determinations, the
required State contribution shall be calculated each year as a
level percentage of payroll over the years remaining to and
including fiscal year 2045 and shall be determined under the
projected unit credit actuarial cost method.
For each of State fiscal years 2018, 2019, and 2020, the
State shall make an additional contribution to the System equal
to 2% of the total payroll of each employee who is deemed to
have elected the benefits under Section 1-161 or who has made
the election under subsection (c) of Section 1-161.
A change in an actuarial or investment assumption that
increases or decreases the required State contribution and
first applies in State fiscal year 2018 or thereafter shall be
implemented in equal annual amounts over a 5-year period
beginning in the State fiscal year in which the actuarial
change first applies to the required State contribution.
A change in an actuarial or investment assumption that
increases or decreases the required State contribution and
first applied to the State contribution in fiscal year 2014,
2015, 2016, or 2017 shall be implemented:
(i) as already applied in State fiscal years before
2018; and
(ii) in the portion of the 5-year period beginning in
the State fiscal year in which the actuarial change first
applied that occurs in State fiscal year 2018 or
thereafter, by calculating the change in equal annual
amounts over that 5-year period and then implementing it at
the resulting annual rate in each of the remaining fiscal
years in that 5-year period.
For State fiscal years 1996 through 2005, the State
contribution to the System, as a percentage of the applicable
employee payroll, shall be increased in equal annual increments
so that by State fiscal year 2011, the State is contributing at
the rate required under this Section; except that in the
following specified State fiscal years, the State contribution
to the System shall not be less than the following indicated
percentages of the applicable employee payroll, even if the
indicated percentage will produce a State contribution in
excess of the amount otherwise required under this subsection
and subsection (a), and notwithstanding any contrary
certification made under subsection (a-1) before the effective
date of this amendatory Act of 1998: 10.02% in FY 1999; 10.77%
in FY 2000; 11.47% in FY 2001; 12.16% in FY 2002; 12.86% in FY
2003; and 13.56% in FY 2004.
Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2006 is
$534,627,700.
Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2007 is
$738,014,500.
For each of State fiscal years 2008 through 2009, the State
contribution to the System, as a percentage of the applicable
employee payroll, shall be increased in equal annual increments
from the required State contribution for State fiscal year
2007, so that by State fiscal year 2011, the State is
contributing at the rate otherwise required under this Section.
Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2010 is
$2,089,268,000 and shall be made from the proceeds of bonds
sold in fiscal year 2010 pursuant to Section 7.2 of the General
Obligation Bond Act, less (i) the pro rata share of bond sale
expenses determined by the System's share of total bond
proceeds, (ii) any amounts received from the Common School Fund
in fiscal year 2010, and (iii) any reduction in bond proceeds
due to the issuance of discounted bonds, if applicable.
Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2011 is
the amount recertified by the System on or before April 1, 2011
pursuant to subsection (a-1) of this Section and shall be made
from the proceeds of bonds sold in fiscal year 2011 pursuant to
Section 7.2 of the General Obligation Bond Act, less (i) the
pro rata share of bond sale expenses determined by the System's
share of total bond proceeds, (ii) any amounts received from
the Common School Fund in fiscal year 2011, and (iii) any
reduction in bond proceeds due to the issuance of discounted
bonds, if applicable. This amount shall include, in addition to
the amount certified by the System, an amount necessary to meet
employer contributions required by the State as an employer
under paragraph (e) of this Section, which may also be used by
the System for contributions required by paragraph (a) of
Section 16-127.
Beginning in State fiscal year 2046, the minimum State
contribution for each fiscal year shall be the amount needed to
maintain the total assets of the System at 90% of the total
actuarial liabilities of the System.
Amounts received by the System pursuant to Section 25 of
the Budget Stabilization Act or Section 8.12 of the State
Finance Act in any fiscal year do not reduce and do not
constitute payment of any portion of the minimum State
contribution required under this Article in that fiscal year.
Such amounts shall not reduce, and shall not be included in the
calculation of, the required State contributions under this
Article in any future year until the System has reached a
funding ratio of at least 90%. A reference in this Article to
the "required State contribution" or any substantially similar
term does not include or apply to any amounts payable to the
System under Section 25 of the Budget Stabilization Act.
Notwithstanding any other provision of this Section, the
required State contribution for State fiscal year 2005 and for
fiscal year 2008 and each fiscal year thereafter, as calculated
under this Section and certified under subsection (a-1), shall
not exceed an amount equal to (i) the amount of the required
State contribution that would have been calculated under this
Section for that fiscal year if the System had not received any
payments under subsection (d) of Section 7.2 of the General
Obligation Bond Act, minus (ii) the portion of the State's
total debt service payments for that fiscal year on the bonds
issued in fiscal year 2003 for the purposes of that Section
7.2, as determined and certified by the Comptroller, that is
the same as the System's portion of the total moneys
distributed under subsection (d) of Section 7.2 of the General
Obligation Bond Act. In determining this maximum for State
fiscal years 2008 through 2010, however, the amount referred to
in item (i) shall be increased, as a percentage of the
applicable employee payroll, in equal increments calculated
from the sum of the required State contribution for State
fiscal year 2007 plus the applicable portion of the State's
total debt service payments for fiscal year 2007 on the bonds
issued in fiscal year 2003 for the purposes of Section 7.2 of
the General Obligation Bond Act, so that, by State fiscal year
2011, the State is contributing at the rate otherwise required
under this Section.
(b-4) Beginning in fiscal year 2018, each employer under
this Article shall pay to the System a required contribution
determined as a percentage of projected payroll and sufficient
to produce an annual amount equal to:
(i) for each of fiscal years 2018, 2019, and 2020, the
defined benefit normal cost of the defined benefit plan,
less the employee contribution, for each employee of that
employer who has elected or who is deemed to have elected
the benefits under Section 1-161 or who has made the
election under subsection (b) of Section 1-161; for fiscal
year 2021 and each fiscal year thereafter, the defined
benefit normal cost of the defined benefit plan, less the
employee contribution, plus 2%, for each employee of that
employer who has elected or who is deemed to have elected
the benefits under Section 1-161 or who has made the
election under subsection (b) of Section 1-161; plus
(ii) the amount required for that fiscal year to
amortize any unfunded actuarial accrued liability
associated with the present value of liabilities
attributable to the employer's account under Section
16-158.3, determined as a level percentage of payroll over
a 30-year rolling amortization period.
In determining contributions required under item (i) of
this subsection, the System shall determine an aggregate rate
for all employers, expressed as a percentage of projected
payroll.
In determining the contributions required under item (ii)
of this subsection, the amount shall be computed by the System
on the basis of the actuarial assumptions and tables used in
the most recent actuarial valuation of the System that is
available at the time of the computation.
The contributions required under this subsection (b-4)
shall be paid by an employer concurrently with that employer's
payroll payment period. The State, as the actual employer of an
employee, shall make the required contributions under this
subsection.
(c) Payment of the required State contributions and of all
pensions, retirement annuities, death benefits, refunds, and
other benefits granted under or assumed by this System, and all
expenses in connection with the administration and operation
thereof, are obligations of the State.
If members are paid from special trust or federal funds
which are administered by the employing unit, whether school
district or other unit, the employing unit shall pay to the
System from such funds the full accruing retirement costs based
upon that service, which, beginning July 1, 2014, shall be at a
rate, expressed as a percentage of salary, equal to the total
minimum contribution to the System to be made by the State for
that fiscal year, including both normal cost and unfunded
liability components, expressed as a percentage of payroll, as
determined by the System under subsection (b-3) of this
Section. Employer contributions, based on salary paid to
members from federal funds, may be forwarded by the
distributing agency of the State of Illinois to the System
prior to allocation, in an amount determined in accordance with
guidelines established by such agency and the System. Any
contribution for fiscal year 2015 collected as a result of the
change made by this amendatory Act of the 98th General Assembly
shall be considered a State contribution under subsection (b-3)
of this Section.
(d) Effective July 1, 1986, any employer of a teacher as
defined in paragraph (8) of Section 16-106 shall pay the
employer's normal cost of benefits based upon the teacher's
service, in addition to employee contributions, as determined
by the System. Such employer contributions shall be forwarded
monthly in accordance with guidelines established by the
System.
However, with respect to benefits granted under Section
16-133.4 or 16-133.5 to a teacher as defined in paragraph (8)
of Section 16-106, the employer's contribution shall be 12%
(rather than 20%) of the member's highest annual salary rate
for each year of creditable service granted, and the employer
shall also pay the required employee contribution on behalf of
the teacher. For the purposes of Sections 16-133.4 and
16-133.5, a teacher as defined in paragraph (8) of Section
16-106 who is serving in that capacity while on leave of
absence from another employer under this Article shall not be
considered an employee of the employer from which the teacher
is on leave.
(e) Beginning July 1, 1998, every employer of a teacher
shall pay to the System an employer contribution computed as
follows:
(1) Beginning July 1, 1998 through June 30, 1999, the
employer contribution shall be equal to 0.3% of each
teacher's salary.
(2) Beginning July 1, 1999 and thereafter, the employer
contribution shall be equal to 0.58% of each teacher's
salary.
The school district or other employing unit may pay these
employer contributions out of any source of funding available
for that purpose and shall forward the contributions to the
System on the schedule established for the payment of member
contributions.
These employer contributions are intended to offset a
portion of the cost to the System of the increases in
retirement benefits resulting from this amendatory Act of 1998.
Each employer of teachers is entitled to a credit against
the contributions required under this subsection (e) with
respect to salaries paid to teachers for the period January 1,
2002 through June 30, 2003, equal to the amount paid by that
employer under subsection (a-5) of Section 6.6 of the State
Employees Group Insurance Act of 1971 with respect to salaries
paid to teachers for that period.
The additional 1% employee contribution required under
Section 16-152 by this amendatory Act of 1998 is the
responsibility of the teacher and not the teacher's employer,
unless the employer agrees, through collective bargaining or
otherwise, to make the contribution on behalf of the teacher.
If an employer is required by a contract in effect on May
1, 1998 between the employer and an employee organization to
pay, on behalf of all its full-time employees covered by this
Article, all mandatory employee contributions required under
this Article, then the employer shall be excused from paying
the employer contribution required under this subsection (e)
for the balance of the term of that contract. The employer and
the employee organization shall jointly certify to the System
the existence of the contractual requirement, in such form as
the System may prescribe. This exclusion shall cease upon the
termination, extension, or renewal of the contract at any time
after May 1, 1998.
(f) If the amount of a teacher's salary for any school year
used to determine final average salary exceeds the member's
annual full-time salary rate with the same employer for the
previous school year by more than 6%, the teacher's employer
shall pay to the System, in addition to all other payments
required under this Section and in accordance with guidelines
established by the System, the present value of the increase in
benefits resulting from the portion of the increase in salary
that is in excess of 6%. This present value shall be computed
by the System on the basis of the actuarial assumptions and
tables used in the most recent actuarial valuation of the
System that is available at the time of the computation. If a
teacher's salary for the 2005-2006 school year is used to
determine final average salary under this subsection (f), then
the changes made to this subsection (f) by Public Act 94-1057
shall apply in calculating whether the increase in his or her
salary is in excess of 6%. For the purposes of this Section,
change in employment under Section 10-21.12 of the School Code
on or after June 1, 2005 shall constitute a change in employer.
The System may require the employer to provide any pertinent
information or documentation. The changes made to this
subsection (f) by this amendatory Act of the 94th General
Assembly apply without regard to whether the teacher was in
service on or after its effective date.
Whenever it determines that a payment is or may be required
under this subsection, the System shall calculate the amount of
the payment and bill the employer for that amount. The bill
shall specify the calculations used to determine the amount
due. If the employer disputes the amount of the bill, it may,
within 30 days after receipt of the bill, apply to the System
in writing for a recalculation. The application must specify in
detail the grounds of the dispute and, if the employer asserts
that the calculation is subject to subsection (g) or (h) of
this Section, must include an affidavit setting forth and
attesting to all facts within the employer's knowledge that are
pertinent to the applicability of that subsection. Upon
receiving a timely application for recalculation, the System
shall review the application and, if appropriate, recalculate
the amount due.
The employer contributions required under this subsection
(f) may be paid in the form of a lump sum within 90 days after
receipt of the bill. If the employer contributions are not paid
within 90 days after receipt of the bill, then interest will be
charged at a rate equal to the System's annual actuarially
assumed rate of return on investment compounded annually from
the 91st day after receipt of the bill. Payments must be
concluded within 3 years after the employer's receipt of the
bill.
(g) This subsection (g) applies only to payments made or
salary increases given on or after June 1, 2005 but before July
1, 2011. The changes made by Public Act 94-1057 shall not
require the System to refund any payments received before July
31, 2006 (the effective date of Public Act 94-1057).
When assessing payment for any amount due under subsection
(f), the System shall exclude salary increases paid to teachers
under contracts or collective bargaining agreements entered
into, amended, or renewed before June 1, 2005.
When assessing payment for any amount due under subsection
(f), the System shall exclude salary increases paid to a
teacher at a time when the teacher is 10 or more years from
retirement eligibility under Section 16-132 or 16-133.2.
When assessing payment for any amount due under subsection
(f), the System shall exclude salary increases resulting from
overload work, including summer school, when the school
district has certified to the System, and the System has
approved the certification, that (i) the overload work is for
the sole purpose of classroom instruction in excess of the
standard number of classes for a full-time teacher in a school
district during a school year and (ii) the salary increases are
equal to or less than the rate of pay for classroom instruction
computed on the teacher's current salary and work schedule.
When assessing payment for any amount due under subsection
(f), the System shall exclude a salary increase resulting from
a promotion (i) for which the employee is required to hold a
certificate or supervisory endorsement issued by the State
Teacher Certification Board that is a different certification
or supervisory endorsement than is required for the teacher's
previous position and (ii) to a position that has existed and
been filled by a member for no less than one complete academic
year and the salary increase from the promotion is an increase
that results in an amount no greater than the lesser of the
average salary paid for other similar positions in the district
requiring the same certification or the amount stipulated in
the collective bargaining agreement for a similar position
requiring the same certification.
When assessing payment for any amount due under subsection
(f), the System shall exclude any payment to the teacher from
the State of Illinois or the State Board of Education over
which the employer does not have discretion, notwithstanding
that the payment is included in the computation of final
average salary.
(h) When assessing payment for any amount due under
subsection (f), the System shall exclude any salary increase
described in subsection (g) of this Section given on or after
July 1, 2011 but before July 1, 2014 under a contract or
collective bargaining agreement entered into, amended, or
renewed on or after June 1, 2005 but before July 1, 2011.
Notwithstanding any other provision of this Section, any
payments made or salary increases given after June 30, 2014
shall be used in assessing payment for any amount due under
subsection (f) of this Section.
(i) The System shall prepare a report and file copies of
the report with the Governor and the General Assembly by
January 1, 2007 that contains all of the following information:
(1) The number of recalculations required by the
changes made to this Section by Public Act 94-1057 for each
employer.
(2) The dollar amount by which each employer's
contribution to the System was changed due to
recalculations required by Public Act 94-1057.
(3) The total amount the System received from each
employer as a result of the changes made to this Section by
Public Act 94-4.
(4) The increase in the required State contribution
resulting from the changes made to this Section by Public
Act 94-1057.
(i-5) For school years beginning on or after July 1, 2017,
if the amount of a participant's salary for any school year,
determined on a full-time equivalent basis, exceeds the amount
of the salary set for the Governor, the participant's employer
shall pay to the System, in addition to all other payments
required under this Section and in accordance with guidelines
established by the System, an amount determined by the System
to be equal to the employer normal cost, as established by the
System and expressed as a total percentage of payroll,
multiplied by the amount of salary in excess of the amount of
the salary set for the Governor. This amount shall be computed
by the System on the basis of the actuarial assumptions and
tables used in the most recent actuarial valuation of the
System that is available at the time of the computation. The
System may require the employer to provide any pertinent
information or documentation.
Whenever it determines that a payment is or may be required
under this subsection, the System shall calculate the amount of
the payment and bill the employer for that amount. The bill
shall specify the calculations used to determine the amount
due. If the employer disputes the amount of the bill, it may,
within 30 days after receipt of the bill, apply to the System
in writing for a recalculation. The application must specify in
detail the grounds of the dispute. Upon receiving a timely
application for recalculation, the System shall review the
application and, if appropriate, recalculate the amount due.
The employer contributions required under this subsection
may be paid in the form of a lump sum within 90 days after
receipt of the bill. If the employer contributions are not paid
within 90 days after receipt of the bill, then interest will be
charged at a rate equal to the System's annual actuarially
assumed rate of return on investment compounded annually from
the 91st day after receipt of the bill. Payments must be
concluded within 3 years after the employer's receipt of the
bill.
(j) For purposes of determining the required State
contribution to the System, the value of the System's assets
shall be equal to the actuarial value of the System's assets,
which shall be calculated as follows:
As of June 30, 2008, the actuarial value of the System's
assets shall be equal to the market value of the assets as of
that date. In determining the actuarial value of the System's
assets for fiscal years after June 30, 2008, any actuarial
gains or losses from investment return incurred in a fiscal
year shall be recognized in equal annual amounts over the
5-year period following that fiscal year.
(k) For purposes of determining the required State
contribution to the system for a particular year, the actuarial
value of assets shall be assumed to earn a rate of return equal
to the system's actuarially assumed rate of return.
(Source: P.A. 96-43, eff. 7-15-09; 96-1497, eff. 1-14-11;
96-1511, eff. 1-27-11; 96-1554, eff. 3-18-11; 97-694, eff.
6-18-12; 97-813, eff. 7-13-12; 98-674, eff. 6-30-14.)
(40 ILCS 5/16-158.3 new)
Sec. 16-158.3. Individual employer accounts.
(a) The System shall create and maintain an individual
account for each employer for the purposes of determining
employer contributions under subsection (b-4) of Section
16-158. Each employer's account shall be notionally charged
with the liabilities attributable to that employer and credited
with the assets attributable to that employer.
(b) Beginning with fiscal year 2018, the System shall
assign notional liabilities to each employer's account, equal
to the amount of the employer contributions required to be made
by the employer pursuant to items (i) and (ii) of subsection
(b-4) of Section 16-158, plus any unfunded actuarial accrued
liability associated with the defined benefits attributable to
the employer's employees who first became members on or after
the implementation date and the employer's employees who made
the election under subsection (c-5) of Section 1-161.
(c) Beginning with fiscal year 2018, the System shall
assign notional assets to each employer's account equal to the
amounts of employer contributions made pursuant to items (i)
and (ii) of subsection (b-4) of Section 16-158.
(40 ILCS 5/16-203)
(Text of Section WITHOUT the changes made by P.A. 98-599,
which has been held unconstitutional)
Sec. 16-203. Application and expiration of new benefit
increases.
(a) As used in this Section, "new benefit increase" means
an increase in the amount of any benefit provided under this
Article, or an expansion of the conditions of eligibility for
any benefit under this Article, that results from an amendment
to this Code that takes effect after June 1, 2005 (the
effective date of Public Act 94-4). "New benefit increase",
however, does not include any benefit increase resulting from
the changes made to Article 1 or this Article by Public Act
95-910 or this amendatory Act of the 100th General Assembly
this amendatory Act of the 95th General Assembly.
(b) Notwithstanding any other provision of this Code or any
subsequent amendment to this Code, every new benefit increase
is subject to this Section and shall be deemed to be granted
only in conformance with and contingent upon compliance with
the provisions of this Section.
(c) The Public Act enacting a new benefit increase must
identify and provide for payment to the System of additional
funding at least sufficient to fund the resulting annual
increase in cost to the System as it accrues.
Every new benefit increase is contingent upon the General
Assembly providing the additional funding required under this
subsection. The Commission on Government Forecasting and
Accountability shall analyze whether adequate additional
funding has been provided for the new benefit increase and
shall report its analysis to the Public Pension Division of the
Department of Insurance Financial and Professional Regulation.
A new benefit increase created by a Public Act that does not
include the additional funding required under this subsection
is null and void. If the Public Pension Division determines
that the additional funding provided for a new benefit increase
under this subsection is or has become inadequate, it may so
certify to the Governor and the State Comptroller and, in the
absence of corrective action by the General Assembly, the new
benefit increase shall expire at the end of the fiscal year in
which the certification is made.
(d) Every new benefit increase shall expire 5 years after
its effective date or on such earlier date as may be specified
in the language enacting the new benefit increase or provided
under subsection (c). This does not prevent the General
Assembly from extending or re-creating a new benefit increase
by law.
(e) Except as otherwise provided in the language creating
the new benefit increase, a new benefit increase that expires
under this Section continues to apply to persons who applied
and qualified for the affected benefit while the new benefit
increase was in effect and to the affected beneficiaries and
alternate payees of such persons, but does not apply to any
other person, including without limitation a person who
continues in service after the expiration date and did not
apply and qualify for the affected benefit while the new
benefit increase was in effect.
(Source: P.A. 94-4, eff. 6-1-05; 95-910, eff. 8-26-08.)
(40 ILCS 5/18-131) (from Ch. 108 1/2, par. 18-131)
Sec. 18-131. Financing; employer contributions.
(a) The State of Illinois shall make contributions to this
System by appropriations of the amounts which, together with
the contributions of participants, net earnings on
investments, and other income, will meet the costs of
maintaining and administering this System on a 90% funded basis
in accordance with actuarial recommendations.
(b) The Board shall determine the amount of State
contributions required for each fiscal year on the basis of the
actuarial tables and other assumptions adopted by the Board and
the prescribed rate of interest, using the formula in
subsection (c).
(c) For State fiscal years 2012 through 2045, the minimum
contribution to the System to be made by the State for each
fiscal year shall be an amount determined by the Sy