Bill Text: IL SB3425 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Illinois Pension Code. Merges all Article 3 police officers' pension funds and Article 4 firefighters' pension funds into the Illinois Municipal Retirement Fund (IMRF) on January 1, 2020. Creates a Transition Board, which is responsible for planning, overseeing, and administering the consolidation. Authorizes the Transition Board to undertake numerous activities necessary for the consolidation, including making arrangements for the transfer of assets and liabilities and for making recommendations to IMRF for an appropriate system of determining, administering, receiving, and enforcing the required municipal contributions to the Fund. Makes conforming and other changes. Amends the Property Tax Extension Limitation Law (PTELL) of the Property Tax Code to exclude from the definition of "aggregate extension" special purpose extensions made for contributions to IMRF for benefits under the Downstate Police and Downstate Firefighter Articles. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately, except that certain changes to the Illinois Pension Code and PTELL of the Property Tax Code take effect January 1, 2020.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2018-09-30 - Chief Sponsor Changed to Sen. William E. Brady [SB3425 Detail]

Download: Illinois-2017-SB3425-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3425

Introduced 2/16/2018, by Sen. Pamela J. Althoff

SYNOPSIS AS INTRODUCED:
See Index

Amends the Illinois Pension Code. Merges all Article 3 police officers' pension funds and Article 4 firefighters' pension funds into the Illinois Municipal Retirement Fund (IMRF) on January 1, 2020. Creates a Transition Board, which is responsible for planning, overseeing, and administering the consolidation. Authorizes the Transition Board to undertake numerous activities necessary for the consolidation, including making arrangements for the transfer of assets and liabilities and for making recommendations to IMRF for an appropriate system of determining, administering, receiving, and enforcing the required municipal contributions to the Fund. Makes conforming and other changes. Amends the Property Tax Extension Limitation Law (PTELL) of the Property Tax Code to exclude from the definition of "aggregate extension" special purpose extensions made for contributions to IMRF for benefits under the Downstate Police and Downstate Firefighter Articles. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately, except that certain changes to the Illinois Pension Code and PTELL of the Property Tax Code take effect January 1, 2020.
LRB100 20447 MJP 35796 b
FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

SB3425LRB100 20447 MJP 35796 b
1 AN ACT concerning public employee benefits.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Property Tax Code is amended by changing
5Section 18-185 as follows:
6 (35 ILCS 200/18-185)
7 Sec. 18-185. Short title; definitions. This Division 5 may
8be cited as the Property Tax Extension Limitation Law. As used
9in this Division 5:
10 "Consumer Price Index" means the Consumer Price Index for
11All Urban Consumers for all items published by the United
12States Department of Labor.
13 "Extension limitation" means (a) the lesser of 5% or the
14percentage increase in the Consumer Price Index during the
1512-month calendar year preceding the levy year or (b) the rate
16of increase approved by voters under Section 18-205.
17 "Affected county" means a county of 3,000,000 or more
18inhabitants or a county contiguous to a county of 3,000,000 or
19more inhabitants.
20 "Taxing district" has the same meaning provided in Section
211-150, except as otherwise provided in this Section. For the
221991 through 1994 levy years only, "taxing district" includes
23only each non-home rule taxing district having the majority of

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1its 1990 equalized assessed value within any county or counties
2contiguous to a county with 3,000,000 or more inhabitants.
3Beginning with the 1995 levy year, "taxing district" includes
4only each non-home rule taxing district subject to this Law
5before the 1995 levy year and each non-home rule taxing
6district not subject to this Law before the 1995 levy year
7having the majority of its 1994 equalized assessed value in an
8affected county or counties. Beginning with the levy year in
9which this Law becomes applicable to a taxing district as
10provided in Section 18-213, "taxing district" also includes
11those taxing districts made subject to this Law as provided in
12Section 18-213.
13 "Aggregate extension" for taxing districts to which this
14Law applied before the 1995 levy year means the annual
15corporate extension for the taxing district and those special
16purpose extensions that are made annually for the taxing
17district, excluding special purpose extensions: (a) made for
18the taxing district to pay interest or principal on general
19obligation bonds that were approved by referendum; (b) made for
20any taxing district to pay interest or principal on general
21obligation bonds issued before October 1, 1991; (c) made for
22any taxing district to pay interest or principal on bonds
23issued to refund or continue to refund those bonds issued
24before October 1, 1991; (d) made for any taxing district to pay
25interest or principal on bonds issued to refund or continue to
26refund bonds issued after October 1, 1991 that were approved by

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1referendum; (e) made for any taxing district to pay interest or
2principal on revenue bonds issued before October 1, 1991 for
3payment of which a property tax levy or the full faith and
4credit of the unit of local government is pledged; however, a
5tax for the payment of interest or principal on those bonds
6shall be made only after the governing body of the unit of
7local government finds that all other sources for payment are
8insufficient to make those payments; (f) made for payments
9under a building commission lease when the lease payments are
10for the retirement of bonds issued by the commission before
11October 1, 1991, to pay for the building project; (g) made for
12payments due under installment contracts entered into before
13October 1, 1991; (h) made for payments of principal and
14interest on bonds issued under the Metropolitan Water
15Reclamation District Act to finance construction projects
16initiated before October 1, 1991; (i) made for payments of
17principal and interest on limited bonds, as defined in Section
183 of the Local Government Debt Reform Act, in an amount not to
19exceed the debt service extension base less the amount in items
20(b), (c), (e), and (h) of this definition for non-referendum
21obligations, except obligations initially issued pursuant to
22referendum; (j) made for payments of principal and interest on
23bonds issued under Section 15 of the Local Government Debt
24Reform Act; (k) made by a school district that participates in
25the Special Education District of Lake County, created by
26special education joint agreement under Section 10-22.31 of the

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1School Code, for payment of the school district's share of the
2amounts required to be contributed by the Special Education
3District of Lake County to the Illinois Municipal Retirement
4Fund under Article 7 of the Illinois Pension Code; the amount
5of any extension under this item (k) shall be certified by the
6school district to the county clerk; (l) made to fund expenses
7of providing joint recreational programs for persons with
8disabilities under Section 5-8 of the Park District Code or
9Section 11-95-14 of the Illinois Municipal Code; (m) made for
10temporary relocation loan repayment purposes pursuant to
11Sections 2-3.77 and 17-2.2d of the School Code; (n) made for
12payment of principal and interest on any bonds issued under the
13authority of Section 17-2.2d of the School Code; (o) made
14before January 1, 2020 for contributions to a firefighter's
15pension fund created under Article 4 of the Illinois Pension
16Code, to the extent of the amount certified under item (5) of
17Section 4-134 of the Illinois Pension Code; and (p) made for
18road purposes in the first year after a township assumes the
19rights, powers, duties, assets, property, liabilities,
20obligations, and responsibilities of a road district abolished
21under the provisions of Section 6-133 of the Illinois Highway
22Code; and (q) made under Articles 3 and 4 of the Illinois
23Pension Code for contributions to the Illinois Municipal
24Retirement Fund.
25 "Aggregate extension" for the taxing districts to which
26this Law did not apply before the 1995 levy year (except taxing

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1districts subject to this Law in accordance with Section
218-213) means the annual corporate extension for the taxing
3district and those special purpose extensions that are made
4annually for the taxing district, excluding special purpose
5extensions: (a) made for the taxing district to pay interest or
6principal on general obligation bonds that were approved by
7referendum; (b) made for any taxing district to pay interest or
8principal on general obligation bonds issued before March 1,
91995; (c) made for any taxing district to pay interest or
10principal on bonds issued to refund or continue to refund those
11bonds issued before March 1, 1995; (d) made for any taxing
12district to pay interest or principal on bonds issued to refund
13or continue to refund bonds issued after March 1, 1995 that
14were approved by referendum; (e) made for any taxing district
15to pay interest or principal on revenue bonds issued before
16March 1, 1995 for payment of which a property tax levy or the
17full faith and credit of the unit of local government is
18pledged; however, a tax for the payment of interest or
19principal on those bonds shall be made only after the governing
20body of the unit of local government finds that all other
21sources for payment are insufficient to make those payments;
22(f) made for payments under a building commission lease when
23the lease payments are for the retirement of bonds issued by
24the commission before March 1, 1995 to pay for the building
25project; (g) made for payments due under installment contracts
26entered into before March 1, 1995; (h) made for payments of

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1principal and interest on bonds issued under the Metropolitan
2Water Reclamation District Act to finance construction
3projects initiated before October 1, 1991; (h-4) made for
4stormwater management purposes by the Metropolitan Water
5Reclamation District of Greater Chicago under Section 12 of the
6Metropolitan Water Reclamation District Act; (i) made for
7payments of principal and interest on limited bonds, as defined
8in Section 3 of the Local Government Debt Reform Act, in an
9amount not to exceed the debt service extension base less the
10amount in items (b), (c), and (e) of this definition for
11non-referendum obligations, except obligations initially
12issued pursuant to referendum and bonds described in subsection
13(h) of this definition; (j) made for payments of principal and
14interest on bonds issued under Section 15 of the Local
15Government Debt Reform Act; (k) made for payments of principal
16and interest on bonds authorized by Public Act 88-503 and
17issued under Section 20a of the Chicago Park District Act for
18aquarium or museum projects; (l) made for payments of principal
19and interest on bonds authorized by Public Act 87-1191 or
2093-601 and (i) issued pursuant to Section 21.2 of the Cook
21County Forest Preserve District Act, (ii) issued under Section
2242 of the Cook County Forest Preserve District Act for
23zoological park projects, or (iii) issued under Section 44.1 of
24the Cook County Forest Preserve District Act for botanical
25gardens projects; (m) made pursuant to Section 34-53.5 of the
26School Code, whether levied annually or not; (n) made to fund

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1expenses of providing joint recreational programs for persons
2with disabilities under Section 5-8 of the Park District Code
3or Section 11-95-14 of the Illinois Municipal Code; (o) made by
4the Chicago Park District for recreational programs for persons
5with disabilities under subsection (c) of Section 7.06 of the
6Chicago Park District Act; (p) made before January 1, 2020 for
7contributions to a firefighter's pension fund created under
8Article 4 of the Illinois Pension Code, to the extent of the
9amount certified under item (5) of Section 4-134 of the
10Illinois Pension Code; (q) made by Ford Heights School District
11169 under Section 17-9.02 of the School Code; and (r) made for
12the purpose of making employer contributions to the Public
13School Teachers' Pension and Retirement Fund of Chicago under
14Section 34-53 of the School Code; and (s) made under Articles 3
15and 4 of the Illinois Pension Code for contributions to the
16Illinois Municipal Retirement Fund.
17 "Aggregate extension" for all taxing districts to which
18this Law applies in accordance with Section 18-213, except for
19those taxing districts subject to paragraph (2) of subsection
20(e) of Section 18-213, means the annual corporate extension for
21the taxing district and those special purpose extensions that
22are made annually for the taxing district, excluding special
23purpose extensions: (a) made for the taxing district to pay
24interest or principal on general obligation bonds that were
25approved by referendum; (b) made for any taxing district to pay
26interest or principal on general obligation bonds issued before

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1the date on which the referendum making this Law applicable to
2the taxing district is held; (c) made for any taxing district
3to pay interest or principal on bonds issued to refund or
4continue to refund those bonds issued before the date on which
5the referendum making this Law applicable to the taxing
6district is held; (d) made for any taxing district to pay
7interest or principal on bonds issued to refund or continue to
8refund bonds issued after the date on which the referendum
9making this Law applicable to the taxing district is held if
10the bonds were approved by referendum after the date on which
11the referendum making this Law applicable to the taxing
12district is held; (e) made for any taxing district to pay
13interest or principal on revenue bonds issued before the date
14on which the referendum making this Law applicable to the
15taxing district is held for payment of which a property tax
16levy or the full faith and credit of the unit of local
17government is pledged; however, a tax for the payment of
18interest or principal on those bonds shall be made only after
19the governing body of the unit of local government finds that
20all other sources for payment are insufficient to make those
21payments; (f) made for payments under a building commission
22lease when the lease payments are for the retirement of bonds
23issued by the commission before the date on which the
24referendum making this Law applicable to the taxing district is
25held to pay for the building project; (g) made for payments due
26under installment contracts entered into before the date on

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1which the referendum making this Law applicable to the taxing
2district is held; (h) made for payments of principal and
3interest on limited bonds, as defined in Section 3 of the Local
4Government Debt Reform Act, in an amount not to exceed the debt
5service extension base less the amount in items (b), (c), and
6(e) of this definition for non-referendum obligations, except
7obligations initially issued pursuant to referendum; (i) made
8for payments of principal and interest on bonds issued under
9Section 15 of the Local Government Debt Reform Act; (j) made
10for a qualified airport authority to pay interest or principal
11on general obligation bonds issued for the purpose of paying
12obligations due under, or financing airport facilities
13required to be acquired, constructed, installed or equipped
14pursuant to, contracts entered into before March 1, 1996 (but
15not including any amendments to such a contract taking effect
16on or after that date); (k) made to fund expenses of providing
17joint recreational programs for persons with disabilities
18under Section 5-8 of the Park District Code or Section 11-95-14
19of the Illinois Municipal Code; (l) made before January 1, 2020
20for contributions to a firefighter's pension fund created under
21Article 4 of the Illinois Pension Code, to the extent of the
22amount certified under item (5) of Section 4-134 of the
23Illinois Pension Code; and (m) made for the taxing district to
24pay interest or principal on general obligation bonds issued
25pursuant to Section 19-3.10 of the School Code; and (n) made
26under Articles 3 and 4 of the Illinois Pension Code for

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1contributions to the Illinois Municipal Retirement Fund.
2 "Aggregate extension" for all taxing districts to which
3this Law applies in accordance with paragraph (2) of subsection
4(e) of Section 18-213 means the annual corporate extension for
5the taxing district and those special purpose extensions that
6are made annually for the taxing district, excluding special
7purpose extensions: (a) made for the taxing district to pay
8interest or principal on general obligation bonds that were
9approved by referendum; (b) made for any taxing district to pay
10interest or principal on general obligation bonds issued before
11the effective date of this amendatory Act of 1997; (c) made for
12any taxing district to pay interest or principal on bonds
13issued to refund or continue to refund those bonds issued
14before the effective date of this amendatory Act of 1997; (d)
15made for any taxing district to pay interest or principal on
16bonds issued to refund or continue to refund bonds issued after
17the effective date of this amendatory Act of 1997 if the bonds
18were approved by referendum after the effective date of this
19amendatory Act of 1997; (e) made for any taxing district to pay
20interest or principal on revenue bonds issued before the
21effective date of this amendatory Act of 1997 for payment of
22which a property tax levy or the full faith and credit of the
23unit of local government is pledged; however, a tax for the
24payment of interest or principal on those bonds shall be made
25only after the governing body of the unit of local government
26finds that all other sources for payment are insufficient to

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1make those payments; (f) made for payments under a building
2commission lease when the lease payments are for the retirement
3of bonds issued by the commission before the effective date of
4this amendatory Act of 1997 to pay for the building project;
5(g) made for payments due under installment contracts entered
6into before the effective date of this amendatory Act of 1997;
7(h) made for payments of principal and interest on limited
8bonds, as defined in Section 3 of the Local Government Debt
9Reform Act, in an amount not to exceed the debt service
10extension base less the amount in items (b), (c), and (e) of
11this definition for non-referendum obligations, except
12obligations initially issued pursuant to referendum; (i) made
13for payments of principal and interest on bonds issued under
14Section 15 of the Local Government Debt Reform Act; (j) made
15for a qualified airport authority to pay interest or principal
16on general obligation bonds issued for the purpose of paying
17obligations due under, or financing airport facilities
18required to be acquired, constructed, installed or equipped
19pursuant to, contracts entered into before March 1, 1996 (but
20not including any amendments to such a contract taking effect
21on or after that date); (k) made to fund expenses of providing
22joint recreational programs for persons with disabilities
23under Section 5-8 of the Park District Code or Section 11-95-14
24of the Illinois Municipal Code; and (l) made before January 1,
252020 for contributions to a firefighter's pension fund created
26under Article 4 of the Illinois Pension Code, to the extent of

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1the amount certified under item (5) of Section 4-134 of the
2Illinois Pension Code; and (m) made under Articles 3 and 4 of
3the Illinois Pension Code for contributions to the Illinois
4Municipal Retirement Fund.
5 "Debt service extension base" means an amount equal to that
6portion of the extension for a taxing district for the 1994
7levy year, or for those taxing districts subject to this Law in
8accordance with Section 18-213, except for those subject to
9paragraph (2) of subsection (e) of Section 18-213, for the levy
10year in which the referendum making this Law applicable to the
11taxing district is held, or for those taxing districts subject
12to this Law in accordance with paragraph (2) of subsection (e)
13of Section 18-213 for the 1996 levy year, constituting an
14extension for payment of principal and interest on bonds issued
15by the taxing district without referendum, but not including
16excluded non-referendum bonds. For park districts (i) that were
17first subject to this Law in 1991 or 1995 and (ii) whose
18extension for the 1994 levy year for the payment of principal
19and interest on bonds issued by the park district without
20referendum (but not including excluded non-referendum bonds)
21was less than 51% of the amount for the 1991 levy year
22constituting an extension for payment of principal and interest
23on bonds issued by the park district without referendum (but
24not including excluded non-referendum bonds), "debt service
25extension base" means an amount equal to that portion of the
26extension for the 1991 levy year constituting an extension for

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1payment of principal and interest on bonds issued by the park
2district without referendum (but not including excluded
3non-referendum bonds). A debt service extension base
4established or increased at any time pursuant to any provision
5of this Law, except Section 18-212, shall be increased each
6year commencing with the later of (i) the 2009 levy year or
7(ii) the first levy year in which this Law becomes applicable
8to the taxing district, by the lesser of 5% or the percentage
9increase in the Consumer Price Index during the 12-month
10calendar year preceding the levy year. The debt service
11extension base may be established or increased as provided
12under Section 18-212. "Excluded non-referendum bonds" means
13(i) bonds authorized by Public Act 88-503 and issued under
14Section 20a of the Chicago Park District Act for aquarium and
15museum projects; (ii) bonds issued under Section 15 of the
16Local Government Debt Reform Act; or (iii) refunding
17obligations issued to refund or to continue to refund
18obligations initially issued pursuant to referendum.
19 "Special purpose extensions" include, but are not limited
20to, extensions for levies made on an annual basis for
21unemployment and workers' compensation, self-insurance,
22contributions to pension plans, and extensions made pursuant to
23Section 6-601 of the Illinois Highway Code for a road
24district's permanent road fund whether levied annually or not.
25The extension for a special service area is not included in the
26aggregate extension.

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1 "Aggregate extension base" means the taxing district's
2last preceding aggregate extension as adjusted under Sections
318-135, 18-215, 18-230, and 18-206. An adjustment under Section
418-135 shall be made for the 2007 levy year and all subsequent
5levy years whenever one or more counties within which a taxing
6district is located (i) used estimated valuations or rates when
7extending taxes in the taxing district for the last preceding
8levy year that resulted in the over or under extension of
9taxes, or (ii) increased or decreased the tax extension for the
10last preceding levy year as required by Section 18-135(c).
11Whenever an adjustment is required under Section 18-135, the
12aggregate extension base of the taxing district shall be equal
13to the amount that the aggregate extension of the taxing
14district would have been for the last preceding levy year if
15either or both (i) actual, rather than estimated, valuations or
16rates had been used to calculate the extension of taxes for the
17last levy year, or (ii) the tax extension for the last
18preceding levy year had not been adjusted as required by
19subsection (c) of Section 18-135.
20 Notwithstanding any other provision of law, for levy year
212012, the aggregate extension base for West Northfield School
22District No. 31 in Cook County shall be $12,654,592.
23 "Levy year" has the same meaning as "year" under Section
241-155.
25 "New property" means (i) the assessed value, after final
26board of review or board of appeals action, of new improvements

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1or additions to existing improvements on any parcel of real
2property that increase the assessed value of that real property
3during the levy year multiplied by the equalization factor
4issued by the Department under Section 17-30, (ii) the assessed
5value, after final board of review or board of appeals action,
6of real property not exempt from real estate taxation, which
7real property was exempt from real estate taxation for any
8portion of the immediately preceding levy year, multiplied by
9the equalization factor issued by the Department under Section
1017-30, including the assessed value, upon final stabilization
11of occupancy after new construction is complete, of any real
12property located within the boundaries of an otherwise or
13previously exempt military reservation that is intended for
14residential use and owned by or leased to a private corporation
15or other entity, (iii) in counties that classify in accordance
16with Section 4 of Article IX of the Illinois Constitution, an
17incentive property's additional assessed value resulting from
18a scheduled increase in the level of assessment as applied to
19the first year final board of review market value, and (iv) any
20increase in assessed value due to oil or gas production from an
21oil or gas well required to be permitted under the Hydraulic
22Fracturing Regulatory Act that was not produced in or accounted
23for during the previous levy year. In addition, the county
24clerk in a county containing a population of 3,000,000 or more
25shall include in the 1997 recovered tax increment value for any
26school district, any recovered tax increment value that was

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1applicable to the 1995 tax year calculations.
2 "Qualified airport authority" means an airport authority
3organized under the Airport Authorities Act and located in a
4county bordering on the State of Wisconsin and having a
5population in excess of 200,000 and not greater than 500,000.
6 "Recovered tax increment value" means, except as otherwise
7provided in this paragraph, the amount of the current year's
8equalized assessed value, in the first year after a
9municipality terminates the designation of an area as a
10redevelopment project area previously established under the
11Tax Increment Allocation Development Act in the Illinois
12Municipal Code, previously established under the Industrial
13Jobs Recovery Law in the Illinois Municipal Code, previously
14established under the Economic Development Project Area Tax
15Increment Act of 1995, or previously established under the
16Economic Development Area Tax Increment Allocation Act, of each
17taxable lot, block, tract, or parcel of real property in the
18redevelopment project area over and above the initial equalized
19assessed value of each property in the redevelopment project
20area. For the taxes which are extended for the 1997 levy year,
21the recovered tax increment value for a non-home rule taxing
22district that first became subject to this Law for the 1995
23levy year because a majority of its 1994 equalized assessed
24value was in an affected county or counties shall be increased
25if a municipality terminated the designation of an area in 1993
26as a redevelopment project area previously established under

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1the Tax Increment Allocation Development Act in the Illinois
2Municipal Code, previously established under the Industrial
3Jobs Recovery Law in the Illinois Municipal Code, or previously
4established under the Economic Development Area Tax Increment
5Allocation Act, by an amount equal to the 1994 equalized
6assessed value of each taxable lot, block, tract, or parcel of
7real property in the redevelopment project area over and above
8the initial equalized assessed value of each property in the
9redevelopment project area. In the first year after a
10municipality removes a taxable lot, block, tract, or parcel of
11real property from a redevelopment project area established
12under the Tax Increment Allocation Development Act in the
13Illinois Municipal Code, the Industrial Jobs Recovery Law in
14the Illinois Municipal Code, or the Economic Development Area
15Tax Increment Allocation Act, "recovered tax increment value"
16means the amount of the current year's equalized assessed value
17of each taxable lot, block, tract, or parcel of real property
18removed from the redevelopment project area over and above the
19initial equalized assessed value of that real property before
20removal from the redevelopment project area.
21 Except as otherwise provided in this Section, "limiting
22rate" means a fraction the numerator of which is the last
23preceding aggregate extension base times an amount equal to one
24plus the extension limitation defined in this Section and the
25denominator of which is the current year's equalized assessed
26value of all real property in the territory under the

SB3425- 18 -LRB100 20447 MJP 35796 b
1jurisdiction of the taxing district during the prior levy year.
2For those taxing districts that reduced their aggregate
3extension for the last preceding levy year, except for school
4districts that reduced their extension for educational
5purposes pursuant to Section 18-206, the highest aggregate
6extension in any of the last 3 preceding levy years shall be
7used for the purpose of computing the limiting rate. The
8denominator shall not include new property or the recovered tax
9increment value. If a new rate, a rate decrease, or a limiting
10rate increase has been approved at an election held after March
1121, 2006, then (i) the otherwise applicable limiting rate shall
12be increased by the amount of the new rate or shall be reduced
13by the amount of the rate decrease, as the case may be, or (ii)
14in the case of a limiting rate increase, the limiting rate
15shall be equal to the rate set forth in the proposition
16approved by the voters for each of the years specified in the
17proposition, after which the limiting rate of the taxing
18district shall be calculated as otherwise provided. In the case
19of a taxing district that obtained referendum approval for an
20increased limiting rate on March 20, 2012, the limiting rate
21for tax year 2012 shall be the rate that generates the
22approximate total amount of taxes extendable for that tax year,
23as set forth in the proposition approved by the voters; this
24rate shall be the final rate applied by the county clerk for
25the aggregate of all capped funds of the district for tax year
262012.

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1(Source: P.A. 99-143, eff. 7-27-15; 99-521, eff. 6-1-17;
2100-465, eff. 8-31-17.)
3 Section 10. The Illinois Pension Code is amended by
4changing Sections 3-101 and 4-101 and by adding Sections
53-101.1, 3-101.2, 4-101.1, 4-101.2, 7-199.5, and 7-199.6 as
6follows:
7 (40 ILCS 5/3-101) (from Ch. 108 1/2, par. 3-101)
8 Sec. 3-101. Creation and consolidation of the funds fund.
9 (a) Until January 1, 2020, in In each municipality, as
10defined in Section 3-103, the city council or the board of
11trustees, as the case may be, shall establish and administer a
12police pension fund, as prescribed in this Article, for the
13benefit of its police officers and of their surviving spouses,
14children, and certain other dependents. The duty of the
15corporate authorities of a municipality to establish and
16administer a police pension fund shall be suspended during any
17period during which the fund is dissolved under Section 3-144.6
18of this Code.
19 (b) On January 1, 2020, all of the individual police
20pension funds then existing under this Article are merged and
21consolidated into the Illinois Municipal Retirement Fund,
22which shall be administered as prescribed in this Article and
23Article 7.
24 (c) Beginning January 1, 2020, each municipality, as

SB3425- 20 -LRB100 20447 MJP 35796 b
1defined in Section 3-103, shall participate in the Illinois
2Municipal Retirement Fund for the benefit of its police
3officers and of their surviving spouses, children, and certain
4other dependents.
5 (d) It is the purpose of this consolidation to provide the
6advantages of (i) centralized custody and investment of pension
7fund assets, (ii) consistent interpretation and application of
8this Article in accordance with a single set of rules and
9procedures adopted by the Illinois Municipal Retirement Fund,
10and (iii) securing the future funding of pension benefits
11through an independent determination of each municipality's
12required annual contribution rate.
13(Source: P.A. 97-99, eff. 1-1-12.)
14 (40 ILCS 5/3-101.1 new)
15 Sec. 3-101.1. Transition Board.
16 (a) There is hereby created a Downstate Police Pension Fund
17Transition Board, which may be referred to as the "Transition
18Board". The Transition Board shall consist of 11 members as
19follows:
20 (1) The Director of the Illinois Department of
21 Insurance, or his or her designee.
22 (2) Two persons with experience in managing or
23 administering an Illinois public employee pension fund or
24 retirement system, appointed by the Governor.
25 (3) One person with experience in providing actuarial

SB3425- 21 -LRB100 20447 MJP 35796 b
1 services to an Illinois public employee pension fund or
2 retirement system, appointed by the Governor.
3 (4) One person with experience in auditing Illinois
4 public employee pension funds or retirement systems,
5 appointed by the Auditor General.
6 (5) Two members of the labor organization representing
7 the largest number of police officers participating in
8 Article 3 pension funds, with one member being an active
9 participant and the other being a retired participant,
10 appointed by the Governor from recommendations of the
11 President of that organization.
12 (6) Two persons who are mayors or chief elected
13 officers of municipalities that maintain an Article 3
14 pension fund, appointed by the Governor from
15 recommendations of the Executive Director of the
16 organization representing the largest number of
17 municipalities in the State.
18 (7) One person familiar with the operation and
19 administration of the Illinois Municipal Retirement Fund,
20 appointed by the Executive Director of that Fund.
21 (8) One person familiar with the investment authority
22 and practices of the Illinois State Board of Investment,
23 appointed by the Executive Director of the Illinois State
24 Board of Investment.
25 All such appointments and designations shall be made by
26filing a written notice thereof with the Secretary of State no

SB3425- 22 -LRB100 20447 MJP 35796 b
1later than 30 days after the effective date of this amendatory
2Act of the 100th General Assembly.
3 (b) The Transition Board shall be responsible for planning,
4overseeing, and administering the consolidation and merger of
5all existing Article 3 pension funds into the Illinois
6Municipal Retirement Fund.
7 Members of the Transition Board shall act at all times in a
8manner appropriate for fiduciaries of the Fund and fiduciaries
9of the pension funds being consolidated.
10 The Transition Board's powers and duties include, but are
11not limited to, the following:
12 (1) Providing for the preservation and consolidation
13 of membership, beneficiary, financial, and other records
14 relating to the Article 3 pension funds to be merged.
15 (2) Obtaining all necessary Internal Revenue Service
16 and any other necessary approval or review.
17 (3) Providing for the final auditing of existing
18 Article 3 pension funds, including a final accounting of
19 their respective assets and liabilities, paid for by the
20 applicable pension fund.
21 (4) Providing for the custody and transfer of the
22 assets and liabilities of the existing Article 3 pension
23 funds to the Illinois Municipal Retirement Fund, on a
24 schedule to be determined by the Transition Board.
25 (5) Recommending to the Illinois Municipal Retirement
26 Fund an appropriate system of accounting for the assets and

SB3425- 23 -LRB100 20447 MJP 35796 b
1 liabilities attributable to the existing Article 3 pension
2 funds and for establishing separate reserves and accounts
3 for each municipality participating in the Fund with
4 respect to its police officers.
5 (6) Recommending to the Illinois Municipal Retirement
6 Fund an appropriate system of determining, administering,
7 receiving, and enforcing the required municipal
8 contributions to the Fund. The municipal contribution rate
9 shall be determined separately for each municipality on an
10 annual basis in accordance with the requirements of this
11 Article, based on the municipality's separate reserves and
12 accounts within the Illinois Municipal Retirement Fund.
13 The Transition Board shall endeavor to determine the
14 required municipal contributions to the Illinois Municipal
15 Retirement Fund with regard to the municipality's police
16 officers under this Article and to notify and provide
17 reasonable guidance to municipalities in a manner that
18 ensures uninterrupted contributions during the transition
19 period.
20 (7) Ensuring the uninterrupted payment and
21 administration of benefits.
22 (8) Adopting any rules or procedures necessary for the
23 efficient consolidation of the existing Article 3 pension
24 funds.
25 (9) Considering the consequences of the consolidation
26 on any QILDROs filed with the pension funds being

SB3425- 24 -LRB100 20447 MJP 35796 b
1 consolidated and giving appropriate notice and advice to
2 persons who may be affected by those QILDROs concerning the
3 possible effects of consolidation.
4 (10) Making recommendations to the Governor and the
5 General Assembly with respect to legislation necessary or
6 useful for the implementation of this consolidation or for
7 the successful administration of the Illinois Municipal
8 Retirement Fund with respect to police officers under this
9 Article.
10 (11) Consulting with the Illinois Municipal Retirement
11 Fund about the Illinois Municipal Retirement Fund's
12 policies, practices, rules, and structure.
13 (c) The Public Pension Division of the Department of
14Insurance shall provide all reasonably necessary and available
15temporary office space, technical and clerical support, and
16monetary or other assistance at the request of the Transition
17Board.
18 For the purpose of implementing the consolidation, the
19Transition Board may direct the Public Pension Division to
20accelerate, expand, or enhance its examination under Section
211A-104 of all or specific Article 3 pension funds, or to
22conduct a particular study or investigation thereof. The
23expenses of such examinations and investigations, to the extent
24not paid by the Division, shall be charged to the applicable
25pension fund.
26 (d) In preparation for the consolidation of the pension

SB3425- 25 -LRB100 20447 MJP 35796 b
1funds into the Illinois Municipal Retirement Fund on January 1,
22020, the Transition Board is authorized to expend or obligate
3the assets of the Illinois Municipal Retirement Fund for any of
4the reasonable expenses of consolidating the pension funds into
5the Illinois Municipal Retirement Fund, including the payment
6of benefits during the consolidation period and reasonable
7administrative expenses. As used in this Section, "reasonable
8administrative expenses" includes, but is not limited to, the
9cost of hiring personnel and obtaining professional services to
10the extent necessary for the consolidation, the cost of
11insurance, and the cost of indemnifying members of the
12Transition Board and its employees, advisors, and agents.
13 (e) Members of the Transition Board, other than State
14officials and employees, may be compensated for their service,
15and all members may be reimbursed for their reasonable expenses
16out of any moneys available for that purpose.
17 (f) Sixty days after the Board of Trustees of the Illinois
18Municipal Retirement Fund assumes its duties, the Transition
19Board is abolished.
20 (40 ILCS 5/3-101.2 new)
21 Sec. 3-101.2. Consolidation of pension funds into the
22Illinois Municipal Retirement Fund.
23 (a) On January 1, 2020, all of the individual police
24pension funds then existing under this Article are merged and
25consolidated into the Illinois Municipal Retirement Fund,

SB3425- 26 -LRB100 20447 MJP 35796 b
1which shall be administered as prescribed in this Article and
2Article 7.
3 In preparation for that consolidation, all pension funds
4established under this Article, and the municipalities that
5established them, shall cooperate with the Transition Board.
6 (b) The Illinois Municipal Retirement Fund shall be the
7legal successor to each of the pension funds that are
8consolidated within it, and it may exercise any of the rights
9and powers and perform any of the duties of those pension
10funds.
11 At the time of consolidation, or as otherwise directed by
12the Transition Board, all assets and liabilities belonging to
13or arising from the trust of an existing pension fund shall
14become the assets and liabilities of the Illinois Municipal
15Retirement Fund.
16 As and when directed by the Transition Board, the trustees
17of the pension funds established under Article 3 of this Code
18shall transfer to the Illinois Municipal Retirement Fund, for
19management and investment as assets of the Illinois Municipal
20Retirement Fund, all of their securities and other investments
21not needed for immediate use.
22 (c) At the time of consolidation or as otherwise directed
23by the Transition Board, assets not belonging to or arising
24from the trust that are incidentally owned by a pension fund,
25and any incidental liabilities of a pension fund not relating
26to or arising from the trust, shall become the assets and

SB3425- 27 -LRB100 20447 MJP 35796 b
1liabilities of the municipality.
2 Assets not belonging to or arising from the trust that are
3owned by a municipality and incidentally used by a pension
4fund, and any associated liabilities, are not affected by the
5consolidation and shall continue to be managed as assets and
6liabilities of that municipality.
7 As necessary or useful to effectuate the consolidation, the
8board of trustees of a pension fund to be consolidated and the
9applicable municipality may each, in its discretion, continue
10or renegotiate any employment or service contract, lease, or
11other contract to which it is a party that relates to the
12operation of the consolidated pension fund, and it may take
13appropriate action to terminate any such contract as necessary
14to terminate or avoid unnecessary or duplicative personnel,
15facilities, or services.
16 (d) Beginning on January 1, 2020, all benefits payable
17under this Article shall be payable from the appropriate
18accounts and reserves of the Illinois Municipal Retirement
19Fund.
20 (e) The consolidation of pension funds under this Article
21shall not diminish or impair the benefits of any current or
22former police officer who participated in one of those pension
23funds, or of any such police officer's surviving spouse,
24children, or other dependents.
25 The consolidation of pension funds under this Article shall
26not change the police officer contribution rate.

SB3425- 28 -LRB100 20447 MJP 35796 b
1 The consolidation of pension funds under this Article does
2not entitle any person to a recalculation or combination of any
3benefit or benefits previously granted or to a refund of any
4contribution previously paid.
5 The consolidation of pension funds under this Article is
6not intended to increase the benefits provided under this
7Article, except insofar as the consolidation of pension funds
8into the Illinois Municipal Retirement Fund will allow police
9officers in active service on or after the consolidation date
10to have their benefit calculations (and those of their
11qualifying survivors) include consideration of all of the
12police officer's service, salary, and credits in the Fund as
13though arising under the Fund, rather than as arising under
14more than one participating municipality or more than one
15Article 3 pension fund.
16 (f) On January 1, 2020, the rules adopted by the Transition
17Board shall become the rules of the Illinois Municipal
18Retirement Fund with respect to this Article.
19 (40 ILCS 5/4-101) (from Ch. 108 1/2, par. 4-101)
20 Sec. 4-101. Creation and consolidation of the funds fund.
21 (a) Until January 1, 2020, in In each municipality as
22defined in Section 4-103, the city council or the board of
23trustees, as the case may be, shall establish and administer a
24firefighters' pension fund as prescribed in this Article, for
25the benefit of its firefighters and of their surviving spouses,

SB3425- 29 -LRB100 20447 MJP 35796 b
1children and certain other dependents. The duty of the
2corporate authorities of a municipality to establish and
3administer a firefighters' pension fund shall be suspended
4during any period during which the fund is dissolved under
5subsection (c) of Section 4-106.1 of this Code.
6 (b) On January 1, 2020, all of the individual firefighter
7pension funds then existing under this Article are merged and
8consolidated into the Illinois Municipal Retirement Fund,
9which shall be administered as prescribed in this Article and
10Article 7.
11 (c) Beginning January 1, 2020, each municipality, as
12defined in Section 4-103, shall participate in the Illinois
13Municipal Retirement Fund for the benefit of its firefighters
14and of their surviving spouses, children, and certain other
15dependents.
16 (d) It is the purpose of this consolidation to provide the
17advantages of (i) centralized custody and investment of pension
18fund assets, (ii) consistent interpretation and application of
19this Article in accordance with a single set of rules and
20procedures adopted by the Illinois Municipal Retirement Fund,
21and (iii) securing the future funding of pension benefits
22through an independent determination of each municipality's
23required annual contribution rate.
24(Source: P.A. 97-99, eff. 1-1-12.)
25 (40 ILCS 5/4-101.1 new)

SB3425- 30 -LRB100 20447 MJP 35796 b
1 Sec. 4-101.1. Transition Board.
2 (a) There is hereby created a Downstate Firefighter Pension
3Fund Transition Board, which may be referred to as the
4"Transition Board". The Transition Board shall consist of 11
5members as follows:
6 (1) The Director of the Illinois Department of
7 Insurance, or his or her designee.
8 (2) Two persons with experience in managing or
9 administering an Illinois public employee pension fund or
10 retirement system, appointed by the Governor.
11 (3) One person with experience in providing actuarial
12 services to an Illinois public employee pension fund or
13 retirement system, appointed by the Governor.
14 (4) One person with experience in auditing Illinois
15 public employee pension funds or retirement systems,
16 appointed by the Auditor General.
17 (5) Two members of the labor organization representing
18 the largest number of firefighters participating in
19 Article 4 pension funds, with one member being an active
20 participant and the other being a retired participant,
21 appointed by the Governor from recommendations of the
22 President of that organization.
23 (6) Two persons who are mayors or chief elected
24 officers of municipalities that maintain an Article 4
25 pension fund, appointed by the Governor from
26 recommendations of the Executive Director of the

SB3425- 31 -LRB100 20447 MJP 35796 b
1 organization representing the largest number of
2 municipalities in the State.
3 (7) One person familiar with the operation and
4 administration of the Illinois Municipal Retirement Fund,
5 appointed by the Executive Director of that Fund.
6 (8) One person familiar with the investment authority
7 and practices of the Illinois State Board of Investment,
8 appointed by the Executive Director of the Illinois State
9 Board of Investment.
10 All such appointments and designations shall be made by
11filing a written notice thereof with the Secretary of State no
12later than 30 days after the effective date of this amendatory
13Act of the 100th General Assembly.
14 (b) The Transition Board shall be responsible for planning,
15overseeing, and administering the consolidation and merger of
16all existing Article 4 pension funds into the Illinois
17Municipal Retirement Fund.
18 Members of the Transition Board shall act at all times in a
19manner appropriate for fiduciaries of the Fund and fiduciaries
20of the pension funds being consolidated.
21 The Transition Board's powers and duties include, but are
22not limited to, the following:
23 (1) Providing for the preservation and consolidation
24 of membership, beneficiary, financial, and other records
25 relating to the Article 4 pension funds to be merged.
26 (2) Obtaining all necessary Internal Revenue Service

SB3425- 32 -LRB100 20447 MJP 35796 b
1 and any other necessary approval or review.
2 (3) Providing for the final auditing of existing
3 Article 4 pension funds, including a final accounting of
4 their respective assets and liabilities, paid for by the
5 applicable pension fund.
6 (4) Providing for the custody and transfer of the
7 assets and liabilities of the existing Article 4 pension
8 funds to the Illinois Municipal Retirement Fund, on a
9 schedule to be determined by the Transition Board.
10 (5) Recommending to the Illinois Municipal Retirement
11 Fund an appropriate system of accounting for the assets and
12 liabilities attributable to the existing Article 4 pension
13 funds and for establishing separate reserves and accounts
14 for each municipality participating in the Fund with
15 respect to its firefighters.
16 (6) Recommending to the Illinois Municipal Retirement
17 Fund an appropriate system of determining, administering,
18 receiving, and enforcing the required municipal
19 contributions to the Fund. The municipal contribution rate
20 shall be determined separately for each municipality on an
21 annual basis in accordance with the requirements of this
22 Article, based on the municipality's separate reserves and
23 accounts within the Illinois Municipal Retirement Fund.
24 The Transition Board shall endeavor to determine the
25 required municipal contributions to the Illinois Municipal
26 Retirement Fund with regard to the municipality's

SB3425- 33 -LRB100 20447 MJP 35796 b
1 firefighters under this Article and to notify and provide
2 reasonable guidance to municipalities in a manner that
3 ensures uninterrupted contributions during the transition
4 period.
5 (7) Ensuring the uninterrupted payment and
6 administration of benefits.
7 (8) Adopting any rules or procedures necessary for the
8 efficient consolidation of the existing Article 4 pension
9 funds.
10 (9) Considering the consequences of the consolidation
11 on any QILDROs filed with the pension funds being
12 consolidated and giving appropriate notice and advice to
13 persons who may be affected by those QILDROs concerning the
14 possible effects of consolidation.
15 (10) Making recommendations to the Governor and the
16 General Assembly with respect to legislation necessary or
17 useful for the implementation of this consolidation or for
18 the successful administration of the Illinois Municipal
19 Retirement Fund with respect to firefighters under this
20 Article.
21 (11) Consulting with the Illinois Municipal Retirement
22 Fund about the Illinois Municipal Retirement Fund's
23 policies, practices, rules, and structure.
24 (c) The Public Pension Division of the Department of
25Insurance shall provide all reasonably necessary and available
26temporary office space, technical and clerical support, and

SB3425- 34 -LRB100 20447 MJP 35796 b
1monetary or other assistance at the request of the Transition
2Board.
3 For the purpose of implementing the consolidation, the
4Transition Board may direct the Public Pension Division to
5accelerate, expand, or enhance its examination under Section
61A-104 of all or specific Article 4 pension funds, or to
7conduct a particular study or investigation thereof. The
8expenses of such examinations and investigations, to the extent
9not paid by the Division, shall be charged to the applicable
10pension fund.
11 (d) In preparation for the consolidation of the pension
12funds into the Illinois Municipal Retirement Fund on January 1,
132020, the Transition Board is authorized to expend or obligate
14the assets of the Illinois Municipal Retirement Fund for any of
15the reasonable expenses of consolidating the pension funds into
16the Illinois Municipal Retirement Fund, including the payment
17of benefits during the consolidation period and reasonable
18administrative expenses. As used in this Section, "reasonable
19administrative expenses" includes, but is not limited to, the
20cost of hiring personnel and obtaining professional services to
21the extent necessary for the consolidation, the cost of
22insurance, and the cost of indemnifying members of the
23Transition Board and its employees, advisors, and agents.
24 (e) Members of the Transition Board, other than State
25officials and employees, may be compensated for their service,
26and all members may be reimbursed for their reasonable expenses

SB3425- 35 -LRB100 20447 MJP 35796 b
1out of any moneys available for that purpose.
2 (f) Sixty days after the Board of Trustees of the Illinois
3Municipal Retirement Fund assumes its duties, the Transition
4Board is abolished.
5 (40 ILCS 5/4-101.2 new)
6 Sec. 4-101.2. Consolidation of pension funds into the
7Illinois Municipal Retirement Fund.
8 (a) On January 1, 2020, all of the individual firefighter
9pension funds then existing under this Article are merged and
10consolidated into the Illinois Municipal Retirement Fund,
11which shall be administered as prescribed in this Article and
12Article 7.
13 In preparation for that consolidation, all pension funds
14established under this Article, and the municipalities that
15established them, shall cooperate with the Transition Board.
16 (b) The Illinois Municipal Retirement Fund shall be the
17legal successor to each of the pension funds that are
18consolidated within it, and it may exercise any of the rights
19and powers and perform any of the duties of those pension
20funds.
21 At the time of consolidation, or as otherwise directed by
22the Transition Board, all assets and liabilities belonging to
23or arising from the trust of an existing pension fund shall
24become the assets and liabilities of the Illinois Municipal
25Retirement Fund.

SB3425- 36 -LRB100 20447 MJP 35796 b
1 As and when directed by the Transition Board, the trustees
2of the pension funds established under Article 4 of this Code
3shall transfer to the Illinois Municipal Retirement Fund, for
4management and investment as assets of the Illinois Municipal
5Retirement Fund, all of their securities and other investments
6not needed for immediate use.
7 (c) At the time of consolidation or as otherwise directed
8by the Transition Board, assets not belonging to or arising
9from the trust that are incidentally owned by a pension fund,
10and any incidental liabilities of a pension fund not relating
11to or arising from the trust, shall become the assets and
12liabilities of the municipality.
13 Assets not belonging to or arising from the trust that are
14owned by a municipality and incidentally used by a pension
15fund, and any associated liabilities, are not affected by the
16consolidation and shall continue to be managed as assets and
17liabilities of that municipality.
18 As necessary or useful to effectuate the consolidation, the
19board of trustees of a pension fund to be consolidated and the
20applicable municipality may each, in its discretion, continue
21or renegotiate any employment or service contract, lease, or
22other contract to which it is a party that relates to the
23operation of the consolidated pension fund, and it may take
24appropriate action to terminate any such contract as necessary
25to terminate or avoid unnecessary or duplicative personnel,
26facilities, or services.

SB3425- 37 -LRB100 20447 MJP 35796 b
1 (d) Beginning on January 1, 2020, all benefits payable
2under this Article shall be payable from the appropriate
3accounts and reserves of the Illinois Municipal Retirement
4Fund.
5 (e) The consolidation of pension funds under this Article
6shall not diminish or impair the benefits of any current or
7former firefighter who participated in one of those pension
8funds, or of any such firefighter's surviving spouse, children,
9or other dependents.
10 The consolidation of pension funds under this Article shall
11not change the firefighter contribution rate, except that no
12additional contribution shall be paid under subsection (c) of
13Section 4-118.1.
14 The consolidation of pension funds under this Article does
15not entitle any person to a recalculation or combination of any
16benefit or benefits previously granted or to a refund of any
17contribution previously paid.
18 The consolidation of pension funds under this Article is
19not intended to increase the benefits provided under this
20Article, except insofar as the consolidation of pension funds
21into the Illinois Municipal Retirement Fund will allow
22firefighters in active service on or after the consolidation
23date to have their benefit calculations (and those of their
24qualifying survivors) include consideration of all of the
25firefighter's service, salary, and credits in the Fund as
26though arising under the Fund, rather than as arising under

SB3425- 38 -LRB100 20447 MJP 35796 b
1more than one participating municipality or more than one
2Article 4 pension fund.
3 (f) On January 1, 2020, the rules adopted by the Transition
4Board shall become the rules of the Illinois Municipal
5Retirement Fund with respect to this Article.
6 (40 ILCS 5/7-199.5 new)
7 Sec. 7-199.5. To assist in the consolidation of the pension
8funds under Articles 3 and 4. The Board shall assist in the
9consolidation of pension funds under Articles 3 and 4 and shall
10provide assistance to the Transition Boards created under
11Sections 3-101.1 and 4-101.1 of this Code. The Board shall
12adopt any rules necessary to prepare for the consolidation of
13the pension funds under Articles 3 and 4, including
14establishing accounts and reserves necessary for the
15administration of the benefits and requirements under Articles
163 and 4, and to provide recommendations and administrative
17support necessary to the Transition Boards.
18 (40 ILCS 5/7-199.6 new)
19 Sec. 7-199.6. To administer the benefits under Articles 3
20and 4.
21 (a) On and after January 1, 2020, the Fund shall administer
22the benefits and other requirements under Article 3 in
23accordance with that Article and this Article 7. To the extent
24that the administrative requirements under Article 3 conflict

SB3425- 39 -LRB100 20447 MJP 35796 b
1with this Article 7, this Article 7 shall control. The Fund may
2exercise any of the rights and powers and perform any of the
3duties of the consolidated pension funds under Article 3.
4 The Fund shall adopt rules for the efficient operation and
5administration of Article 3. Any rules adopted by the
6Transition Board established under Section 3-101.1 shall
7become the rules of the Illinois Municipal Retirement Fund with
8respect to the benefits and administration of Article 3 until
9the Illinois Municipal Retirement Fund rescinds those rules or
10adopts superseding rules.
11 (b) On and after January 1, 2020, the Fund shall administer
12the benefits and other requirements under Article 4 in
13accordance with that Article and this Article 7. To the extent
14that the administrative requirements under Article 4 conflict
15with this Article 7, this Article 7 shall control. The Fund may
16exercise any of the rights and powers and perform any of the
17duties of the consolidated pension funds under Article 4
18 The Fund shall adopt rules for the efficient operation and
19administration of Article 4. Any rules adopted by the
20Transition Board established under Section 4-101.1 shall
21become the rules of the Illinois Municipal Retirement Fund with
22respect to the benefits and administration of Article 4 until
23the Illinois Municipal Retirement Fund rescinds those rules or
24adopts superseding rules.
25 Section 15. The Illinois Pension Code is amended by

SB3425- 40 -LRB100 20447 MJP 35796 b
1changing Sections 3-103, 3-105, 3-108.2, 3-108.3, 3-110,
23-110.7, 3-125, 3-125.1, 3-128, 3-134, 3-135, 3-141, 4-103,
34-105, 4-105c, 4-105d, 4-108, 4-118, 4-118.1, 4-121, 4-124,
44-128, 4-134, 7-175, and 7-175.1 and by adding Sections
53-102.1, 3-103.9, 3-141a, 3-141b, 4-102.1, 4-106.5, 4-130.1,
6and 4-130.3 as follows:
7 (40 ILCS 5/3-102.1 new)
8 Sec. 3-102.1. Fund. "Fund" or "pension fund": Until January
91, 2020, a police pension fund established by a municipality
10under this Article.
11 Beginning January 1, 2020, "Fund" or "pension fund" means
12the Illinois Municipal Retirement Fund with respect to this
13Article; depending on the context, the terms may include one or
14more of those previously established pension funds.
15 (40 ILCS 5/3-103) (from Ch. 108 1/2, par. 3-103)
16 Sec. 3-103. Municipality; participating municipality;
17governing body.
18 (a) "Municipality": (1) Any city, village or incorporated
19town of 5,000 or more but less than 500,000 inhabitants, as
20determined from the United States Government statistics or a
21census taken at any time by the city, village or incorporated
22town and (2) any city, village or incorporated town of less
23than 5,000 inhabitants which, by referendum held under Section
243-145 adopts this Article.

SB3425- 41 -LRB100 20447 MJP 35796 b
1 (b) "Participating municipality" means a municipality, as
2defined in subsection (a), that both is required (or has
3elected) to and does in fact participate in the Fund with
4respect to its police officers under this Article.
5 (c) "Governing body" includes, but is not limited to, the
6board of town trustees or other persons empowered to draft the
7tentative budget and appropriation ordinance and the electors
8of such a township acting at the annual or special meeting of
9town electors.
10(Source: P.A. 83-1440.)
11 (40 ILCS 5/3-103.9 new)
12 Sec. 3-103.9. Authorized agent of a participating
13municipality.
14 (a) Each participating municipality shall appoint an
15authorized agent who shall have the powers and duties set forth
16in this Section. In the absence of such an appointment, the
17duties of the authorized agent shall devolve upon the clerk or
18secretary of the municipality. The authorized agent may be the
19same person appointed as the authorized agent under Section
207-135.
21 (b) The authorized agent of the municipality shall have the
22following powers and duties:
23 (1) To certify to the Fund whether or not a given
24 person is authorized to participate in the Fund.
25 (2) To certify to the Fund when a participating

SB3425- 42 -LRB100 20447 MJP 35796 b
1 employee is on a leave of absence authorized by the
2 municipality.
3 (3) To request the proper officer to cause employee
4 contributions to be withheld from salary and promptly
5 transmitted to the Fund.
6 (4) To request the proper officer to cause municipality
7 contributions to be promptly forwarded to the Fund.
8 (5) To forward promptly to all participating employees
9 any communications for such employees from the Fund or the
10 municipality.
11 (6) To forward promptly to the Board of the Fund all
12 applications, claims reports, and other communications
13 delivered to the agent by participating employees.
14 (7) To perform all duties related to the administration
15 of the Fund as requested by the Fund or the governing body
16 of the municipality.
17 (c) The governing body of each participating municipality
18may delegate either or both of the following powers to its
19authorized agent:
20 (1) To file a petition for nomination of an executive
21 trustee of the Fund.
22 (2) To cast the ballot for election of an executive
23 trustee of the Fund.
24 If a governing body does not authorize its agent to perform
25the powers set forth in this Section, they shall be performed
26by the governing body itself, unless the governing body by

SB3425- 43 -LRB100 20447 MJP 35796 b
1resolution duly certified to the Fund delegates them to some
2other officer or employee.
3 (d) The delivery of any communication or document by an
4employee or a municipality to the authorized agent of the
5municipality does not constitute delivery to the Fund.
6 (40 ILCS 5/3-105) (from Ch. 108 1/2, par. 3-105)
7 Sec. 3-105. Board. "Board": Until January 1, 2020, the The
8board of trustees of the police pension fund of a municipality
9as established in subsection (a) of Section 3-128.
10 Beginning January 1, 2020, the Board of Trustees of the
11Illinois Municipal Retirement Fund; depending on the context,
12the term may include the former board of trustees of one or
13more of those previously established pension funds.
14(Source: P.A. 83-1440.)
15 (40 ILCS 5/3-108.2)
16 Sec. 3-108.2. Participant. "Participant": A police officer
17or deferred pensioner of the Fund a pension fund, or a
18beneficiary of the Fund pension fund.
19(Source: P.A. 90-507, eff. 8-22-97.)
20 (40 ILCS 5/3-108.3)
21 Sec. 3-108.3. Beneficiary. "Beneficiary": A person
22receiving benefits from the Fund a pension fund, including, but
23not limited to, retired pensioners, disabled pensioners, their

SB3425- 44 -LRB100 20447 MJP 35796 b
1surviving spouses, minor children, disabled children, and
2dependent parents. If a special needs trust as described in
3Section 1396p(d)(4) of Title 42 of the United States Code, as
4amended from time to time, has been established for a disabled
5adult child, then the special needs trust may stand in lieu of
6the disabled adult child as a beneficiary for the purposes of
7this Article.
8(Source: P.A. 96-1143, eff. 7-21-10.)
9 (40 ILCS 5/3-110) (from Ch. 108 1/2, par. 3-110)
10 Sec. 3-110. Creditable service.
11 (a) "Creditable service" is the time served by a police
12officer as a member of a regularly constituted police force of
13a municipality. In computing creditable service furloughs
14without pay exceeding 30 days shall not be counted, but all
15leaves of absence for illness or accident, regardless of
16length, and all periods of disability retirement for which a
17police officer has received no disability pension payments
18under this Article shall be counted.
19 (a-3) Upon the consolidation of the police pension funds
20under this Article into the Fund on January 1, 2020, creditable
21service under any such pension fund shall be deemed to be
22creditable service in the Fund, subject to the following
23provisions:
24 (1) The consolidation of police pension funds into the
25 Fund shall not result in the duplication of any service

SB3425- 45 -LRB100 20447 MJP 35796 b
1 credit based on the same period of service in this or any
2 other pension fund or retirement system subject to this
3 Code.
4 (2) If this Section or any other provision of this
5 Article imposes a limit on the amount of creditable service
6 that may be established for a particular activity or
7 purpose and prior to consolidation a police officer has
8 established periods of creditable service for that
9 activity or purpose in more than one former police pension
10 fund under this Article, which periods are within that
11 limitation for each such fund but together exceed that
12 limitation, then upon consolidation all such credit
13 previously established by the police officer shall be
14 preserved under the Fund, but no additional creditable
15 service for that activity or purpose may be established by
16 that police officer in the Fund.
17 (3) The consolidation of police pension funds into the
18 Fund shall not entitle any person or pension fund to a
19 refund of any contribution or payment previously paid or
20 transferred in order to establish or transfer creditable
21 service under this Article.
22 (a-5) Up to 3 years of time during which the police officer
23receives a disability pension under Section 3-114.1, 3-114.2,
243-114.3, or 3-114.6 shall be counted as creditable service,
25provided that (i) the police officer returns to active service
26after the disability for a period at least equal to the period

SB3425- 46 -LRB100 20447 MJP 35796 b
1for which credit is to be established and (ii) the police
2officer makes contributions to the Fund fund based on the rates
3specified in Section 3-125.1 and the salary upon which the
4disability pension is based. These contributions may be paid at
5any time prior to the commencement of a retirement pension. The
6police officer may, but need not, elect to have the
7contributions deducted from the disability pension or to pay
8them in installments on a schedule approved by the board. If
9not deducted from the disability pension, the contributions
10shall include interest at the rate of 6% per year, compounded
11annually, from the date for which service credit is being
12established to the date of payment. If contributions are paid
13under this subsection (a-5) in excess of those needed to
14establish the credit, the excess shall be refunded. This
15subsection (a-5) applies to persons receiving a disability
16pension under Section 3-114.1, 3-114.2, 3-114.3, or 3-114.6 on
17the effective date of this amendatory Act of the 91st General
18Assembly, as well as persons who begin to receive such a
19disability pension after that date.
20 (b) Creditable service includes all periods of service in
21the military, naval or air forces of the United States entered
22upon while an active police officer of a municipality, provided
23that upon applying for a permanent pension, and in accordance
24with the rules of the board, the police officer pays into the
25Fund fund the amount the officer would have contributed if he
26or she had been a regular contributor during such period, to

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1the extent that the municipality which the police officer
2served has not made such contributions in the officer's behalf.
3The total amount of such creditable service shall not exceed 5
4years, except that any police officer who on July 1, 1973 had
5more than 5 years of such creditable service shall receive the
6total amount thereof.
7 (b-5) Creditable service includes all periods of service in
8the military, naval, or air forces of the United States entered
9upon before beginning service as an active police officer of a
10municipality, provided that, in accordance with the rules of
11the board, the police officer pays into the Fund fund the
12amount the police officer would have contributed if he or she
13had been a regular contributor during such period, plus an
14amount determined by the Board to be equal to the
15municipality's normal cost of the benefit, plus interest at the
16actuarially assumed rate calculated from the date the employee
17last became a police officer under this Article. The total
18amount of such creditable service shall not exceed 2 years.
19 (c) Creditable service also includes service rendered by a
20police officer while on leave of absence from a police
21department to serve as an executive of an organization whose
22membership consists of members of a police department, subject
23to the following conditions: (i) the police officer is a
24participant of the Fund a fund established under this Article
25with at least 10 years of service as a police officer; (ii) the
26police officer received no credit for such service under any

SB3425- 48 -LRB100 20447 MJP 35796 b
1other retirement system, pension fund, or annuity and benefit
2fund included in this Code; (iii) pursuant to the rules of the
3board the police officer pays to the Fund fund the amount he or
4she would have contributed had the officer been an active
5member of the police department; (iv) the organization pays a
6contribution equal to the municipality's normal cost for that
7period of service; and (v) for all leaves of absence under this
8subsection (c), including those beginning before the effective
9date of this amendatory Act of the 97th General Assembly, the
10police officer continues to remain in sworn status, subject to
11the professional standards of the public employer or those
12terms established in statute.
13 (d)(1) Creditable service also includes periods of
14 service originally established in another police pension
15 fund under this Article or in the Fund established under
16 Article 7 of this Code for which (i) the contributions have
17 been transferred under Section 3-110.7 or Section 7-139.9
18 and (ii) any additional contribution required under
19 paragraph (2) of this subsection has been paid in full in
20 accordance with the requirements of this subsection (d).
21 (2) If the board of the pension fund to which
22 creditable service and related contributions are
23 transferred under Section 7-139.9 determines that the
24 amount transferred is less than the true cost to the
25 pension fund of allowing that creditable service to be
26 established, then in order to establish that creditable

SB3425- 49 -LRB100 20447 MJP 35796 b
1 service the police officer must pay to the pension fund,
2 within the payment period specified in paragraph (3) of
3 this subsection, an additional contribution equal to the
4 difference, as determined by the board in accordance with
5 the rules and procedures adopted under paragraph (6) of
6 this subsection. If the board of the pension fund to which
7 creditable service and related contributions are
8 transferred under Section 3-110.7 determines that the
9 amount transferred is less than the true cost to the
10 pension fund of allowing that creditable service to be
11 established, then the police officer may elect (A) to
12 establish that creditable service by paying to the pension
13 fund, within the payment period specified in paragraph (3)
14 of this subsection (d), an additional contribution equal to
15 the difference, as determined by the board in accordance
16 with the rules and procedures adopted under paragraph (6)
17 of this subsection (d) or (B) to have his or her creditable
18 service reduced by an amount equal to the difference
19 between the amount transferred under Section 3-110.7 and
20 the true cost to the pension fund of allowing that
21 creditable service to be established, as determined by the
22 board in accordance with the rules and procedures adopted
23 under paragraph (6) of this subsection (d).
24 (3) Except as provided in paragraph (4), the additional
25 contribution that is required or elected under paragraph
26 (2) of this subsection (d) must be paid to the board (i)

SB3425- 50 -LRB100 20447 MJP 35796 b
1 within 5 years from the date of the transfer of
2 contributions under Section 3-110.7 or 7-139.9 and (ii)
3 before the police officer terminates service with the fund.
4 The additional contribution may be paid in a lump sum or in
5 accordance with a schedule of installment payments
6 authorized by the board.
7 (4) If the police officer dies in service before
8 payment in full has been made and before the expiration of
9 the 5-year payment period, the surviving spouse of the
10 officer may elect to pay the unpaid amount on the officer's
11 behalf within 6 months after the date of death, in which
12 case the creditable service shall be granted as though the
13 deceased police officer had paid the remaining balance on
14 the day before the date of death.
15 (5) If the additional contribution that is required or
16 elected under paragraph (2) of this subsection (d) is not
17 paid in full within the required time, the creditable
18 service shall not be granted and the police officer (or the
19 officer's surviving spouse or estate) shall be entitled to
20 receive a refund of (i) any partial payment of the
21 additional contribution that has been made by the police
22 officer and (ii) those portions of the amounts transferred
23 under subdivision (a)(1) of Section 3-110.7 or
24 subdivisions (a)(1) and (a)(3) of Section 7-139.9 that
25 represent employee contributions paid by the police
26 officer (but not the accumulated interest on those

SB3425- 51 -LRB100 20447 MJP 35796 b
1 contributions) and interest paid by the police officer to
2 the prior pension fund in order to reinstate service
3 terminated by acceptance of a refund.
4 At the time of paying a refund under this item (5), the
5 pension fund shall also repay to the pension fund from
6 which the contributions were transferred under Section
7 3-110.7 or 7-139.9 the amount originally transferred under
8 subdivision (a)(2) of that Section, plus interest at the
9 rate of 6% per year, compounded annually, from the date of
10 the original transfer to the date of repayment. Amounts
11 repaid to the Article 7 fund under this provision shall be
12 credited to the appropriate municipality.
13 Transferred credit that is not granted due to failure
14 to pay the additional contribution within the required time
15 is lost; it may not be transferred to another pension fund
16 and may not be reinstated in the pension fund from which it
17 was transferred.
18 (6) The Public Employee Pension Fund Division of the
19 Department of Insurance shall establish by rule the manner
20 of making the calculation required under paragraph (2) of
21 this subsection, taking into account the appropriate
22 actuarial assumptions; the police officer's service, age,
23 and salary history; the level of funding of the pension
24 fund to which the credits are being transferred; and any
25 other factors that the Division determines to be relevant.
26 The rules may require that all calculations made under

SB3425- 52 -LRB100 20447 MJP 35796 b
1 paragraph (2) be reported to the Division by the board
2 performing the calculation, together with documentation of
3 the creditable service to be transferred, the amounts of
4 contributions and interest to be transferred, the manner in
5 which the calculation was performed, the numbers relied
6 upon in making the calculation, the results of the
7 calculation, and any other information the Division may
8 deem useful.
9 (e)(1) Creditable service also includes periods of
10 service originally established in the Fund established
11 under Article 7 of this Code for which the contributions
12 have been transferred under Section 7-139.11.
13 (2) If the board of the pension fund to which
14 creditable service and related contributions are
15 transferred under Section 7-139.11 determines that the
16 amount transferred is less than the true cost to the
17 pension fund of allowing that creditable service to be
18 established, then the amount of creditable service the
19 police officer may establish under this subsection (e)
20 shall be reduced by an amount equal to the difference, as
21 determined by the board in accordance with the rules and
22 procedures adopted under paragraph (3) of this subsection.
23 (3) The Public Pension Division of the Department of
24 Financial and Professional Regulation shall establish by
25 rule the manner of making the calculation required under
26 paragraph (2) of this subsection, taking into account the

SB3425- 53 -LRB100 20447 MJP 35796 b
1 appropriate actuarial assumptions; the police officer's
2 service, age, and salary history; the level of funding of
3 the pension fund to which the credits are being
4 transferred; and any other factors that the Division
5 determines to be relevant. The rules may require that all
6 calculations made under paragraph (2) be reported to the
7 Division by the board performing the calculation, together
8 with documentation of the creditable service to be
9 transferred, the amounts of contributions and interest to
10 be transferred, the manner in which the calculation was
11 performed, the numbers relied upon in making the
12 calculation, the results of the calculation, and any other
13 information the Division may deem useful.
14 (4) Until January 1, 2010, a police officer who
15 transferred service from the Fund established under
16 Article 7 of this Code under the provisions of Public Act
17 94-356 may establish additional credit, but only for the
18 amount of the service credit reduction in that transfer, as
19 calculated under paragraph (3) of this subsection (e). This
20 credit may be established upon payment by the police
21 officer of an amount to be determined by the board, equal
22 to (1) the amount that would have been contributed as
23 employee and employer contributions had all of the service
24 been as an employee under this Article, plus interest
25 thereon at the rate of 6% per year, compounded annually
26 from the date of service to the date of transfer, less (2)

SB3425- 54 -LRB100 20447 MJP 35796 b
1 the total amount transferred from the Article 7 Fund, plus
2 (3) interest on the difference at the rate of 6% per year,
3 compounded annually, from the date of the transfer to the
4 date of payment. The additional service credit is allowed
5 under this amendatory Act of the 95th General Assembly
6 notwithstanding the provisions of Article 7 terminating
7 all transferred credits on the date of transfer.
8(Source: P.A. 96-297, eff. 8-11-09; 96-1260, eff. 7-23-10;
997-651, eff. 1-5-12.)
10 (40 ILCS 5/3-110.7)
11 Sec. 3-110.7. Transfer between Article 3 funds.
12 (a) Until January 1, 2020 (the consolidation date), an An
13active member of a pension fund established under this Article
14may apply for transfer to that fund of his or her creditable
15service and related contributions accumulated in any other
16police pension fund established under this Article, except that
17a police officer may not transfer creditable service under this
18Section from a pension fund unless (i) the police officer
19actively served in the police department under that fund for at
20least 2 years, (ii) the police officer actively served in the
21police department under that fund for less than 2 years but was
22laid off or otherwise involuntarily terminated for a reason
23other than the fault of the officer, or (iii) the police
24officer was not in service in the police department under that
25fund on or after the effective date of this Section. Upon

SB3425- 55 -LRB100 20447 MJP 35796 b
1receiving the application, that other pension fund shall
2transfer to the pension fund in which the applicant currently
3participates an amount equal to:
4 (1) the amounts actually contributed by or on behalf of
5 the applicant to the fund as employee contributions
6 (including any interest paid by the applicant in order to
7 reinstate service), plus interest on those amounts at the
8 rate of 6% per year, compounded annually, from the date of
9 contribution to the date of transfer; plus
10 (2) an amount representing employer contributions,
11 equal to the total amount determined under subdivision (1).
12Participation in that other pension fund shall terminate on the
13date of transfer.
14 (b) An active member of the Fund a pension fund established
15under this Article may reinstate in the Fund service in any
16other pension fund established under this Article that was
17terminated by receipt of a refund, by paying to the Fund that
18other pension fund the amount of the refund plus interest
19thereon at the rate of 6% per year, compounded annually, from
20the date of refund to the date of payment.
21(Source: P.A. 90-460, eff. 8-17-97.)
22 (40 ILCS 5/3-125) (from Ch. 108 1/2, par. 3-125)
23 Sec. 3-125. Financing; tax.
24 (a) The governing body city council or the board of
25trustees of a participating the municipality shall annually

SB3425- 56 -LRB100 20447 MJP 35796 b
1levy a tax upon all the taxable property of the municipality at
2the rate on the dollar which will produce an amount which, when
3added to the deductions from the salaries or wages of police
4officers, and revenues available from other sources, will equal
5a sum sufficient to meet the annual requirements of the account
6of the participating municipality police pension fund. The
7annual requirements to be provided by such tax levy are equal
8to (1) the normal cost of benefits attributable to the
9participating municipality and its police officers, as
10determined by an enrolled actuary employed by the Fund, the
11pension fund for the year involved, plus (2) an amount
12sufficient to bring the total assets of the account of the
13participating municipality pension fund up to 90% of the total
14actuarial liabilities of the account of the participating
15municipality pension fund by the end of municipal fiscal year
162040, as annually updated and determined by an enrolled actuary
17employed by the Fund Illinois Department of Insurance or by an
18enrolled actuary retained by the pension fund or the
19municipality. In making these determinations, the required
20minimum employer contribution shall be calculated each year as
21a level percentage of payroll over the years remaining up to
22and including fiscal year 2040 and shall be determined under
23the projected unit credit actuarial cost method. The tax shall
24be levied and collected in the same manner as the general taxes
25of the municipality, and in addition to all other taxes now or
26hereafter authorized to be levied upon all property within the

SB3425- 57 -LRB100 20447 MJP 35796 b
1municipality, and shall be in addition to the amount authorized
2to be levied for general purposes as provided by Section 8-3-1
3of the Illinois Municipal Code, approved May 29, 1961, as
4amended. The tax shall be forwarded directly to the treasurer
5of the board within 30 business days after receipt by the
6county.
7 (b) For purposes of determining the required employer
8contribution to the Fund a pension fund, the value of the
9pension fund's assets shall be equal to the actuarial value of
10the pension fund's assets, which shall be calculated as
11follows:
12 (1) (Blank). On March 30, 2011, the actuarial value of
13 a pension fund's assets shall be equal to the market value
14 of the assets as of that date.
15 (2) In determining the actuarial value of the System's
16 assets of the account of the participating municipality for
17 fiscal years after March 30, 2011, any actuarial gains or
18 losses from investment return incurred in a fiscal year
19 shall be recognized in equal annual amounts over the 5-year
20 period following that fiscal year.
21 (c) If a participating municipality fails to transmit to
22the Fund fund contributions required of it under this Article
23for more than 90 days after the payment of those contributions
24is due, the Fund fund may, after giving notice to the
25municipality, certify to the State Comptroller the amounts of
26the delinquent payments in accordance with any applicable rules

SB3425- 58 -LRB100 20447 MJP 35796 b
1of the Comptroller, and the Comptroller must, beginning in
2fiscal year 2016, deduct and remit to the Fund, for credit to
3the account of the participating municipality, fund the
4certified amounts or a portion of those amounts from the
5following proportions of payments of State funds to the
6municipality:
7 (1) in fiscal year 2016, one-third of the total amount
8 of any payments of State funds to the municipality;
9 (2) in fiscal year 2017, two-thirds of the total amount
10 of any payments of State funds to the municipality; and
11 (3) in fiscal year 2018 and each fiscal year
12 thereafter, the total amount of any payments of State funds
13 to the municipality.
14 The State Comptroller may not deduct from any payments of
15State funds to the municipality more than the amount of
16delinquent payments certified to the State Comptroller by the
17Fund fund.
18 (d) (Blank). The police pension fund shall consist of the
19following moneys which shall be set apart by the treasurer of
20the municipality:
21 (1) All moneys derived from the taxes levied hereunder;
22 (2) Contributions by police officers under Section
23 3-125.1;
24 (3) All moneys accumulated by the municipality under
25 any previous legislation establishing a fund for the
26 benefit of disabled or retired police officers;

SB3425- 59 -LRB100 20447 MJP 35796 b
1 (4) Donations, gifts or other transfers authorized by
2 this Article.
3 (e) (Blank). The Commission on Government Forecasting and
4Accountability shall conduct a study of all funds established
5under this Article and shall report its findings to the General
6Assembly on or before January 1, 2013. To the fullest extent
7possible, the study shall include, but not be limited to, the
8following:
9 (1) fund balances;
10 (2) historical employer contribution rates for each
11 fund;
12 (3) the actuarial formulas used as a basis for employer
13 contributions, including the actual assumed rate of return
14 for each year, for each fund;
15 (4) available contribution funding sources;
16 (5) the impact of any revenue limitations caused by
17 PTELL and employer home rule or non-home rule status; and
18 (6) existing statutory funding compliance procedures
19 and funding enforcement mechanisms for all municipal
20 pension funds.
21(Source: P.A. 99-8, eff. 7-9-15.)
22 (40 ILCS 5/3-125.1) (from Ch. 108 1/2, par. 3-125.1)
23 Sec. 3-125.1. Contributions by police officers. Each
24police officer shall contribute to the Fund pension fund the
25following percentages of salary for the periods stated:

SB3425- 60 -LRB100 20447 MJP 35796 b
1Beginning July 1, 1909 and prior to July 23, 1943, 1% (except
2that prior to July 1, 1921 not more than one dollar per month
3shall be deducted, and except that beginning July 1, 1921 and
4prior to July 1, 1927 not more than $2 per month shall be
5deducted); beginning July 23, 1943 and prior to July 20, 1949,
63%; beginning July 20, 1949 and prior to July 17, 1959, 5%;
7beginning July 17, 1959 and prior to July 1, 1971, 7%;
8beginning July 1, 1971 and prior to July 1, 1975, 7 1/2%;
9beginning July 1, 1975 and prior to January 1, 1987, 8 1/2%;
10beginning January 1, 1987 and prior to January 1, 2001, 9%; and
11beginning January 1, 2001, 9.91%. Such sums shall be paid or
12deducted monthly. Contribution to the self-managed plan shall
13be no less than 10% of salary.
14 "Salary" means the annual salary, including longevity,
15attached to the police officer's rank, as established by the
16municipality's appropriation ordinance, including any
17compensation for overtime which is included in the salary so
18established, but excluding any "overtime pay", "holiday pay",
19"bonus pay", "merit pay", or any other cash benefit not
20included in the salary so established.
21(Source: P.A. 91-939, eff. 2-1-01.)
22 (40 ILCS 5/3-128) (from Ch. 108 1/2, par. 3-128)
23 Sec. 3-128. Board created.
24 (a) This subsection (a) applies until January 1, 2020.
25A board of 5 members shall constitute a board of trustees to

SB3425- 61 -LRB100 20447 MJP 35796 b
1administer the pension fund and to designate the beneficiaries
2thereof. The board shall be known as the "Board of Trustees of
3the Police Pension Fund" of the municipality.
4 Two members of the board shall be appointed by the mayor or
5president of the board of trustees of the municipality
6involved. The 3rd and 4th members of the board shall be elected
7from the active participants of the pension fund by such active
8participants. The 5th member shall be elected by and from the
9beneficiaries.
10 One of the members appointed by the mayor or president of
11the board of trustees shall serve for one year beginning on the
122nd Tuesday in May after the municipality comes under this
13Article. The other appointed member shall serve for 2 years
14beginning on the same date. Their successors shall serve for 2
15years each or until their successors are appointed and
16qualified.
17 (b) The members of the boards of trustees serving on
18December 31, 2019 may continue to exercise the powers of that
19office until March 1, 2020 for the sole purpose of assisting in
20the consolidation of their respective pension funds, but
21subject to the supervision and requirements of the Transition
22Board and the Illinois Municipal Retirement Fund.
23 (c) Beginning January 1, 2020, the Board of Trustees of the
24Illinois Municipal Retirement Fund shall assume the duties of
25the former boards of trustees.
26 The election for board members shall be held biennially on

SB3425- 62 -LRB100 20447 MJP 35796 b
1the 3rd Monday in April, at such place or places in the
2municipality and under the Australian ballot system and such
3other regulations as shall be prescribed by the appointed
4members of the board.
5 The active pension fund participants shall be entitled to
6vote only for the active participant members of the board. All
7beneficiaries of legal age may vote only for the member chosen
8from among the beneficiaries. No person shall be entitled to
9cast more than one ballot at such election. The term of elected
10members shall be 2 years, beginning on the 2nd Tuesday of the
11first May after the election.
12 Upon the death, resignation or inability to act of any
13elected board member, his or her successor shall be elected for
14the unexpired term at a special election, to be called by the
15board and conducted in the same manner as the regular biennial
16election.
17 Members of the board shall neither receive nor have any
18right to receive any salary from the pension fund for services
19performed as trustees in that office.
20(Source: P.A. 83-1440.)
21 (40 ILCS 5/3-134) (from Ch. 108 1/2, par. 3-134)
22 Sec. 3-134. To submit annual list of Fund fund payments. To
23submit annually to the governing body of each participating
24municipality city council or board of trustees at the close of
25the municipality's fiscal year, a list of persons entitled to

SB3425- 63 -LRB100 20447 MJP 35796 b
1payments from the Fund that are chargeable to the account of
2the participating municipality fund, stating the amount of
3payments, and their purpose, as ordered by the Board board. It
4shall also include items of income accrued to the account of
5the participating municipality fund during the fiscal year. The
6list shall be signed by the secretary and president of the
7Board board, and attested under oath. A resolution or order for
8the payment of money shall not be valid unless approved by a
9majority of the Board board members, and signed by the
10president and secretary of the Board board.
11(Source: P.A. 83-1440.)
12 (40 ILCS 5/3-135) (from Ch. 108 1/2, par. 3-135)
13 Sec. 3-135. To invest funds. To determine the limitations
14on the amounts of cash to be invested in order to maintain such
15cash balances as may be deemed advisable to meet current
16annuity, benefit, and expense requirements, and to invest the
17remaining available cash in securities, in accordance with the
18prudent person investment rule and the other provisions of this
19Article. Beginning on the consolidation date, the Article 1 and
201A restrictions on the investment of Article 3 Funds no longer
21apply, except to the extent that they do not also apply to
22Article 7 of this Code. Beginning January 1, 1998, the board
23shall invest funds in accordance with Sections 1-113.1 through
241-113.10 of this Code.
25(Source: P.A. 90-507, eff. 8-22-97.)

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1 (40 ILCS 5/3-141) (from Ch. 108 1/2, par. 3-141)
2 Sec. 3-141. Annual report by treasurer. On the 2nd Tuesday
3in May annually through 2020, the treasurer of the municipality
4and all other officials of the municipality who had the custody
5of any pension funds herein provided, shall make a sworn
6statement to the pension board, and to the mayor and council or
7president and board of trustees of the municipality, of all
8moneys received and paid out by them on account of the pension
9fund during the year, and of the amount of funds then on hand
10and owing to the pension fund. The final report required under
11this subsection shall be due in May of 2020 and shall include
12the period up to and including the consolidation of the
13municipality's pension fund into the Fund. All surplus then
14remaining with any official other than the treasurer shall be
15paid to the treasurer of the municipality or as directed by the
16Board. Upon demand of the Board pension board, any official
17shall furnish a statement relative to the official method of
18collection or handling of the pension funds. All books and
19records of that official shall be produced at any time by him
20for examination and inspection by the Board board.
21(Source: P.A. 83-1440.)
22 (40 ILCS 5/3-141a new)
23 Sec. 3-141a. Termination of participation by a
24participating municipality. If a participating municipality

SB3425- 65 -LRB100 20447 MJP 35796 b
1terminates participation because it fails to meet the
2requirements of Section 3-103, it shall pay to the Fund the
3amount equal to any net debit balance in its municipality
4account and any account receivable. Its successors, assigns,
5and transferees of its assets shall be obligated to make this
6payment to the extent of the value of assets transferred to
7them. The Fund shall pay an amount equal to any net credit
8balance to the participating municipality, its successors or
9assigns. Any remaining net debit or credit balance not
10collectible or payable shall be transferred to a terminated
11municipality reserve account. The Fund shall pay to each police
12officer of the participating municipality an amount equal to
13his or her credits in the employee reserves. The employees
14shall have no further rights to any benefits from the Fund,
15except that annuities awarded prior to the date of termination
16shall continue to be paid.
17 (40 ILCS 5/3-141b new)
18 Sec. 3-141b. Authorizations.
19 (a) Each participating municipality shall:
20 (1) deduct all normal and additional contributions
21 from each payment of earnings payable to each participating
22 employee who is entitled to any earnings from the
23 municipality, and remit all normal and additional
24 contributions immediately to the Board; and
25 (2) pay to the Board contributions required by this

SB3425- 66 -LRB100 20447 MJP 35796 b
1 Article.
2 (b) Each participating employee shall, by virtue of the
3payment of contributions to this Fund, receive a vested
4interest in the annuities and benefits provided in this Article
5and in consideration of such vested interest shall be deemed to
6have agreed and authorized the deduction from earnings of all
7contributions payable to this Fund in accordance with this
8Article.
9 (c) Payment of earnings less the amounts of contributions
10provided in this Article shall be a full and complete discharge
11of all claims for payment for services rendered by any employee
12during the period covered by any such payment.
13 (40 ILCS 5/4-102.1 new)
14 Sec. 4-102.1. Fund. "Fund" or "pension fund": Until January
151, 2020, a firefighters' pension fund established by a
16municipality under this Article.
17 Beginning January 1, 2020, "Fund" or "pension fund" means
18the Illinois Municipal Retirement Fund with respect to this
19Article; depending on the context, the terms may include one or
20more of those previously established pension funds.
21 (40 ILCS 5/4-103) (from Ch. 108 1/2, par. 4-103)
22 Sec. 4-103. Municipality; participating municipality;
23governing body.
24 (a) "Municipality": (1) Any city, township, village or

SB3425- 67 -LRB100 20447 MJP 35796 b
1incorporated town of 5,000 or more but less than 500,000
2inhabitants, and any fire protection district having any
3full-time paid firefighters, and (2) any city, village,
4incorporated town or township of less than 5,000 inhabitants
5having a full-time paid fire department which adopts the
6provisions of this Article article pursuant to the provisions
7of Section 4-141.
8 (b) The term "participating municipality" means a
9municipality, as defined in subsection (a), that both is
10required (or has elected) to and does in fact participate in
11the Fund with respect to its firefighters under this Article.
12 (c) The term "governing body", "city council", or "board of
13trustees" includes the board of trustees of a fire protection
14district and the board of town trustees or other persons
15empowered to draft the tentative budget and appropriation
16ordinance and the electors of such a township acting at the
17annual or special meeting of town electors.
18(Source: P.A. 83-1440.)
19 (40 ILCS 5/4-105) (from Ch. 108 1/2, par. 4-105)
20 Sec. 4-105. Board. "Board": Until January 1, 2020, the The
21"Board of Trustees of the Firefighters' Pension Fund" of a
22municipality as established in subsection (a) of Section 4-121.
23 Beginning January 1, 2020, the Board of Trustees of the
24Illinois Municipal Retirement Fund; depending on the context,
25the term may include the former board of trustees of one or

SB3425- 68 -LRB100 20447 MJP 35796 b
1more of those previously established pension funds.
2(Source: P.A. 83-1440.)
3 (40 ILCS 5/4-105c)
4 Sec. 4-105c. Participant. "Participant": A firefighter or
5deferred pensioner of the Fund a pension fund, or a beneficiary
6of the Fund pension fund.
7(Source: P.A. 90-507, eff. 8-22-97.)
8 (40 ILCS 5/4-105d)
9 Sec. 4-105d. Beneficiary. "Beneficiary": A person
10receiving benefits from the Fund a pension fund, including, but
11not limited to, retired pensioners, disabled pensioners, their
12surviving spouses, minor children, disabled children, and
13dependent parents.
14(Source: P.A. 90-507, eff. 8-22-97.)
15 (40 ILCS 5/4-106.5 new)
16 Sec. 4-106.5. Authorized agent of a participating
17municipality.
18 (a) Each participating municipality shall appoint an
19authorized agent who shall have the powers and duties set forth
20in this Section. In the absence of such an appointment, the
21duties of the authorized agent shall devolve upon the clerk or
22secretary of the municipality. The authorized agent may be the
23same person appointed as the authorized agent under Section

SB3425- 69 -LRB100 20447 MJP 35796 b
17-135.
2 (b) The authorized agent of the municipality shall have the
3following powers and duties:
4 (1) To certify to the Fund whether or not a given
5 person is authorized to participate in the Fund.
6 (2) To certify to the Fund when a participating
7 employee is on a leave of absence authorized by the
8 municipality.
9 (3) To request the proper officer to cause employee
10 contributions to be withheld from salary and promptly
11 transmitted to the Fund.
12 (4) To request the proper officer to cause municipality
13 contributions to be promptly forwarded to the Fund.
14 (5) To forward promptly to all participating employees
15 any communications for such employees from the Fund or the
16 municipality.
17 (6) To forward promptly to the Board of the Fund all
18 applications, claims reports, and other communications
19 delivered to the agent by participating employees.
20 (7) To perform all duties related to the administration
21 of the Fund as requested by the Fund or the governing body
22 of the municipality.
23 (c) The governing body of each participating municipality
24may delegate either or both of the following powers to its
25authorized agent:
26 (1) To file a petition for nomination of an executive

SB3425- 70 -LRB100 20447 MJP 35796 b
1 trustee of the Fund.
2 (2) To cast the ballot for election of an executive
3 trustee of the Fund.
4 If a governing body does not authorize its agent to perform
5the powers set forth in this Section, they shall be performed
6by the governing body itself, unless the governing body by
7resolution duly certified to the Fund delegates them to some
8other officer or employee.
9 (d) The delivery of any communication or document by an
10employee or a municipality to the authorized agent of the
11municipality does not constitute delivery to the Fund.
12 (40 ILCS 5/4-108) (from Ch. 108 1/2, par. 4-108)
13 Sec. 4-108. Creditable service.
14 (a) Creditable service is the time served as a firefighter
15of a municipality. In computing creditable service, furloughs
16and leaves of absence without pay exceeding 30 days in any one
17year shall not be counted, but leaves of absence for illness or
18accident regardless of length, and periods of disability for
19which a firefighter received no disability pension payments
20under this Article, shall be counted.
21 (a-5) Upon the consolidation of the firefighters' pension
22funds under this Article into the Illinois Municipal Retirement
23Fund on January 1, 2020, creditable service under any
24firefighters' pension fund shall be deemed to be creditable
25service in the Fund, subject to the following provisions:

SB3425- 71 -LRB100 20447 MJP 35796 b
1 (1) The consolidation of firefighters' pension funds
2 into the Illinois Municipal Retirement Fund shall not
3 result in the duplication of any service credit based on
4 the same period of service in this or any other pension
5 fund or retirement system subject to this Code.
6 (2) If this Section or any other provision of this
7 Article imposes a limit on the amount of creditable service
8 that may be established for a particular activity or
9 purpose, and prior to consolidation a firefighter has
10 established periods of creditable service for that
11 activity or purpose in more than one former firefighters'
12 pension fund under this Article, which periods are within
13 that limitation for each such fund but together exceed that
14 limitation, then upon consolidation all such credit
15 previously established by the firefighter shall be
16 preserved under the Fund, but no additional creditable
17 service for that activity or purpose may be established by
18 that firefighter in the Fund.
19 (3) The consolidation of firefighters' pension funds
20 into the Illinois Municipal Retirement Fund shall not
21 entitle any person or pension fund to a refund of any
22 contribution or payment previously paid or transferred in
23 order to establish or transfer creditable service under
24 this Article.
25 (b) Furloughs and leaves of absence of 30 days or less in
26any one year may be counted as creditable service, if the

SB3425- 72 -LRB100 20447 MJP 35796 b
1firefighter makes the contribution to the Fund fund that would
2have been required had he or she not been on furlough or leave
3of absence. To qualify for this creditable service, the
4firefighter must pay the required contributions to the Fund
5fund not more than 90 days subsequent to the termination of the
6furlough or leave of absence, to the extent that the
7municipality has not made such contribution on his or her
8behalf.
9 (c) Creditable service includes:
10 (1) Service in the military, naval or air forces of the
11 United States entered upon when the person was an active
12 firefighter, provided that, upon applying for a permanent
13 pension, and in accordance with the rules of the board the
14 firefighter pays into the Fund fund the amount that would
15 have been contributed had he or she been a regular
16 contributor during such period of service, if and to the
17 extent that the municipality which the firefighter served
18 made no such contributions in his or her behalf. The total
19 amount of such creditable service shall not exceed 5 years,
20 except that any firefighter who on July 1, 1973 had more
21 than 5 years of such creditable service shall receive the
22 total amount thereof as of that date.
23 (1.5) Up to 24 months of service in the military,
24 naval, or air forces of the United States that was served
25 prior to employment by a municipality or fire protection
26 district as a firefighter. To receive the credit for the

SB3425- 73 -LRB100 20447 MJP 35796 b
1 military service prior to the employment as a firefighter,
2 the firefighter must apply in writing to the Fund fund and
3 must make contributions to the Fund fund equal to (i) the
4 employee contributions that would have been required had
5 the service been rendered as a member, plus (ii) an amount
6 determined by the Fund fund to be equal to the employer's
7 normal cost of the benefits accrued for that military
8 service, plus (iii) interest at the prescribed rate
9 actuarially assumed rate provided by the Department of
10 Financial and Professional Regulation, compounded annually
11 from the first date of membership in the Fund fund to the
12 date of payment on items (i) and (ii). The changes to this
13 paragraph (1.5) made by Public Act 95-1056 this amendatory
14 Act of the 95th General Assembly apply only to
15 participating employees in service on or after April 10,
16 2009 (its effective date).
17 (2) Service prior to July 1, 1976 by a firefighter
18 initially excluded from participation by reason of age who
19 elected to participate and paid the required contributions
20 for such service.
21 (3) Up to 8 years of service by a firefighter as an
22 officer in a statewide firefighters' association when he is
23 on a leave of absence from a municipality's payroll,
24 provided that (i) the firefighter has at least 10 years of
25 creditable service as an active firefighter, (ii) the
26 firefighter contributes to the Fund fund the amount that he

SB3425- 74 -LRB100 20447 MJP 35796 b
1 would have contributed had he remained an active member of
2 the Fund fund, (iii) the employee or statewide firefighter
3 association contributes to the Fund fund an amount equal to
4 the employer's required contribution as determined by the
5 board, and (iv) for all leaves of absence under this
6 subdivision (3), including those beginning before January
7 5, 2012 (the effective date of Public Act 97-651) this
8 amendatory Act of the 97th General Assembly, the
9 firefighter continues to remain in sworn status, subject to
10 the professional standards of the public employer or those
11 terms established in statute.
12 (4) Time spent as an on-call fireman for a
13 municipality, calculated at the rate of one year of
14 creditable service for each 5 years of time spent as an
15 on-call fireman, provided that (i) the firefighter has at
16 least 18 years of creditable service as an active
17 firefighter, (ii) the firefighter spent at least 14 years
18 as an on-call firefighter for the municipality, (iii) the
19 firefighter applies for such creditable service within 30
20 days after August 23, 1989 (the effective date of Public
21 Act 86-273) this amendatory Act of 1989, (iv) the
22 firefighter contributes to the Fund an amount representing
23 employee contributions for the number of years of
24 creditable service granted under this subdivision (4),
25 based on the salary and contribution rate in effect for the
26 firefighter at the date of entry into the Fund, to be

SB3425- 75 -LRB100 20447 MJP 35796 b
1 determined by the board, and (v) not more than 3 years of
2 creditable service may be granted under this subdivision
3 (4).
4 Except as provided in Section 4-108.5, creditable
5 service shall not include time spent as a volunteer
6 firefighter, whether or not any compensation was received
7 therefor. The change made in this Section by Public Act
8 83-0463 is intended to be a restatement and clarification
9 of existing law, and does not imply that creditable service
10 was previously allowed under this Article for time spent as
11 a volunteer firefighter.
12 (5) Time served between July 1, 1976 and July 1, 1988
13 in the position of protective inspection officer or
14 administrative assistant for fire services, for a
15 municipality with a population under 10,000 that is located
16 in a county with a population over 3,000,000 and that
17 maintains a firefighters' pension fund under this Article,
18 if the position included firefighting duties,
19 notwithstanding that the person may not have held an
20 appointment as a firefighter, provided that application is
21 made to the pension fund within 30 days after November 19,
22 1991 (the effective date of Public Act 87-794) this
23 amendatory Act of 1991, and the corresponding
24 contributions are paid for the number of years of service
25 granted, based upon the salary and contribution rate in
26 effect for the firefighter at the date of entry into the

SB3425- 76 -LRB100 20447 MJP 35796 b
1 pension fund, as determined by the Board.
2 (6) Service before becoming a participant by a
3 firefighter initially excluded from participation by
4 reason of age who becomes a participant under the amendment
5 to Section 4-107 made by Public Act 87-1265 this amendatory
6 Act of 1993 and pays the required contributions for such
7 service.
8 (7) Up to 3 years of time during which the firefighter
9 receives a disability pension under Section 4-110,
10 4-110.1, or 4-111, provided that (i) the firefighter
11 returns to active service after the disability for a period
12 at least equal to the period for which credit is to be
13 established and (ii) the firefighter makes contributions
14 to the Fund fund based on the rates specified in Section
15 4-118.1 and the salary upon which the disability pension is
16 based. These contributions may be paid at any time prior to
17 the commencement of a retirement pension. The firefighter
18 may, but need not, elect to have the contributions deducted
19 from the disability pension or to pay them in installments
20 on a schedule approved by the board. If not deducted from
21 the disability pension, the contributions shall include
22 interest at the rate of 6% per year, compounded annually,
23 from the date for which service credit is being established
24 to the date of payment. If contributions are paid under
25 this subdivision (c)(7) in excess of those needed to
26 establish the credit, the excess shall be refunded. This

SB3425- 77 -LRB100 20447 MJP 35796 b
1 subdivision (c)(7) applies to persons receiving a
2 disability pension under Section 4-110, 4-110.1, or 4-111
3 on the effective date of this amendatory Act of the 91st
4 General Assembly, as well as persons who begin to receive
5 such a disability pension after that date.
6 (8) Up to 6 years of service as a police officer and
7 participant in an Article 3 police pension fund
8 administered by the unit of local government that employs
9 the firefighter under this Article, provided that the
10 service has been transferred to, and the required payment
11 received by, the Article 4 fund in accordance with Section
12 3-110.12 of this Code.
13(Source: P.A. 100-544, eff. 11-8-17.)
14 (40 ILCS 5/4-118) (from Ch. 108 1/2, par. 4-118)
15 Sec. 4-118. Financing; tax.
16 (a) The governing body city council or the board of
17trustees of a participating the municipality shall annually
18levy a tax upon all the taxable property of the municipality at
19the rate on the dollar which will produce an amount which, when
20added to the deductions from the salaries or wages of
21firefighters and revenues available from other sources, will
22equal a sum sufficient to meet the annual actuarial
23requirements of the account of the participating municipality
24pension fund, as determined by an enrolled actuary employed by
25the Fund Illinois Department of Insurance or by an enrolled

SB3425- 78 -LRB100 20447 MJP 35796 b
1actuary retained by the pension fund or municipality. For the
2purposes of this Section, the annual actuarial requirements of
3the account of the participating municipality pension fund are
4equal to (1) the normal cost of benefits attributable to the
5participating municipality and its firefighters, as determined
6by an enrolled actuary employed by the Fund of the pension
7fund, or 17.5% of the salaries and wages to be paid to
8firefighters for the year involved, whichever is greater, plus
9(2) an annual amount sufficient to bring the total assets of
10the account of the participating municipality pension fund up
11to 90% of the total actuarial liabilities of the account of the
12participating municipality pension fund by the end of municipal
13fiscal year 2040, as annually updated and determined by an
14enrolled actuary employed by the Fund Illinois Department of
15Insurance or by an enrolled actuary retained by the pension
16fund or the municipality. In making these determinations, the
17required minimum employer contribution shall be calculated
18each year as a level percentage of payroll over the years
19remaining up to and including fiscal year 2040 and shall be
20determined under the projected unit credit actuarial cost
21method. The amount to be applied towards the amortization of
22the unfunded accrued liability in any year shall not be less
23than the annual amount required to amortize the unfunded
24accrued liability, including interest, as a level percentage of
25payroll over the number of years remaining in the 40 year
26amortization period.

SB3425- 79 -LRB100 20447 MJP 35796 b
1 (a-5) For purposes of determining the required employer
2contribution to the Fund a pension fund, the value of the
3pension fund's assets of the account of the participating
4municipality shall be equal to the actuarial value of the
5pension fund's assets of the account of the participating
6municipality, which shall be calculated as follows:
7 (1) (Blank). On March 30, 2011, the actuarial value of
8 a pension fund's assets shall be equal to the market value
9 of the assets as of that date.
10 (2) In determining the actuarial value of the pension
11 fund's assets of the account of the participating
12 municipality for fiscal years after March 30, 2011, any
13 actuarial gains or losses from investment return incurred
14 in a fiscal year shall be recognized in equal annual
15 amounts over the 5-year period following that fiscal year.
16 (b) The tax shall be levied and collected in the same
17manner as the general taxes of the municipality, and shall be
18in addition to all other taxes now or hereafter authorized to
19be levied upon all property within the municipality, and in
20addition to the amount authorized to be levied for general
21purposes, under Section 8-3-1 of the Illinois Municipal Code or
22under Section 14 of the Fire Protection District Act. The tax
23shall be forwarded directly to the treasurer of the Fund board
24within 30 business days of receipt by the county (or, in the
25case of amounts added to the tax levy under subsection (f),
26used by the municipality to pay the employer contributions

SB3425- 80 -LRB100 20447 MJP 35796 b
1required under subsection (b-1) of Section 15-155 of this
2Code).
3 (b-5) If a participating municipality fails to transmit to
4the Fund fund contributions required of it under this Article
5for more than 90 days after the payment of those contributions
6is due, the Fund fund may, after giving notice to the
7municipality, certify to the State Comptroller the amounts of
8the delinquent payments in accordance with any applicable rules
9of the Comptroller, and the Comptroller must, beginning in
10fiscal year 2016, deduct and remit to the Fund, for credit to
11the account of the participating municipality, fund the
12certified amounts or a portion of those amounts from the
13following proportions of payments of State funds to the
14municipality:
15 (1) in fiscal year 2016, one-third of the total amount
16 of any payments of State funds to the municipality;
17 (2) in fiscal year 2017, two-thirds of the total amount
18 of any payments of State funds to the municipality; and
19 (3) in fiscal year 2018 and each fiscal year
20 thereafter, the total amount of any payments of State funds
21 to the municipality.
22 The State Comptroller may not deduct from any payments of
23State funds to the municipality more than the amount of
24delinquent payments certified to the State Comptroller by the
25Fund fund.
26 (c) The Board board shall make available to the membership

SB3425- 81 -LRB100 20447 MJP 35796 b
1and the general public for inspection and copying at reasonable
2times the most recent Actuarial Valuation Balance Sheet and Tax
3Levy Requirement issued to the Fund fund by the Department of
4Insurance.
5 (d) (Blank). The firefighters' pension fund shall consist
6of the following moneys which shall be set apart by the
7treasurer of the municipality: (1) all moneys derived from the
8taxes levied hereunder; (2) contributions by firefighters as
9provided under Section 4-118.1; (3) all rewards in money, fees,
10gifts, and emoluments that may be paid or given for or on
11account of extraordinary service by the fire department or any
12member thereof, except when allowed to be retained by
13competitive awards; and (4) any money, real estate or personal
14property received by the board.
15 (e) (Blank). For the purposes of this Section, "enrolled
16actuary" means an actuary: (1) who is a member of the Society
17of Actuaries or the American Academy of Actuaries; and (2) who
18is enrolled under Subtitle C of Title III of the Employee
19Retirement Income Security Act of 1974, or who has been engaged
20in providing actuarial services to one or more public
21retirement systems for a period of at least 3 years as of July
221, 1983.
23 (f) The corporate authorities of a municipality that
24employs a person who is described in subdivision (d) of Section
254-106 may add to the tax levy otherwise provided for in this
26Section an amount equal to the projected cost of the employer

SB3425- 82 -LRB100 20447 MJP 35796 b
1contributions required to be paid by the municipality to the
2State Universities Retirement System under subsection (b-1) of
3Section 15-155 of this Code.
4 (g) (Blank). The Commission on Government Forecasting and
5Accountability shall conduct a study of all funds established
6under this Article and shall report its findings to the General
7Assembly on or before January 1, 2013. To the fullest extent
8possible, the study shall include, but not be limited to, the
9following:
10 (1) fund balances;
11 (2) historical employer contribution rates for each
12 fund;
13 (3) the actuarial formulas used as a basis for employer
14 contributions, including the actual assumed rate of return
15 for each year, for each fund;
16 (4) available contribution funding sources;
17 (5) the impact of any revenue limitations caused by
18 PTELL and employer home rule or non-home rule status; and
19 (6) existing statutory funding compliance procedures
20 and funding enforcement mechanisms for all municipal
21 pension funds.
22(Source: P.A. 99-8, eff. 7-9-15.)
23 (40 ILCS 5/4-118.1) (from Ch. 108 1/2, par. 4-118.1)
24 Sec. 4-118.1. Contributions by firefighters.
25 (a) Beginning January 1, 1976 and until August 6, 1999 (the

SB3425- 83 -LRB100 20447 MJP 35796 b
1effective date of Public Act 91-466) this amendatory Act of the
291st General Assembly, each firefighter shall contribute to the
3pension fund 6 3/4% of salary towards the cost of his or her
4pension. Beginning August 6, 1999 on the effective date of this
5amendatory Act of the 91st General Assembly, each firefighter
6shall contribute to the pension fund 6.955% of salary towards
7the cost of his or her pension.
8 (b) In addition, beginning January 1, 1976, each
9firefighter shall contribute 1% of salary toward the cost of
10the increase in pension provided in Section 4-109.1; beginning
11January 1, 1987, such contribution shall be 1.5% of salary;
12beginning July 1, 2004, the contribution shall be 2.5% of
13salary.
14 (c) Beginning on July 1, 2004 (the effective date of Public
15Act 93-689) this amendatory Act of the 93rd General Assembly,
16each firefighter who elects to receive a pension under Section
174-109.3 and who has participated in at least one other pension
18fund under this Article for a period of at least one year shall
19contribute an additional 1.0% of salary toward the cost of the
20increase in pensions provided in Section 4-109.3; except that
21beginning January 1, 2020, no additional contributions shall be
22paid under this subsection (c).
23 In the event that a firefighter does not elect to receive a
24retirement pension provided under Section 4-109.3 from one or
25more of the pension funds under this Article in which the
26firefighter has credit, he or she shall, upon withdrawal from

SB3425- 84 -LRB100 20447 MJP 35796 b
1the last pension fund as defined in Section 4-109.3, be
2entitled to receive, from each such fund to which he or she has
3paid additional contributions under this subsection (c) and
4from which he or she does not receive a refund under Section
54-116, a refund of those contributions without interest.
6Beginning January 1, 2020, however, such refunds shall be
7payable from the Illinois Municipal Retirement Fund and
8chargeable to the appropriate municipal accounts and reserves.
9 A refund of total contributions to a particular firefighter
10pension fund under Section 4-116 shall include any refund of
11additional contributions paid to that fund under this
12subsection (c), but a firefighter who accepts a refund from a
13pension fund under Section 4-116 is thereafter ineligible to
14receive a pension provided under Section 4-109.3 from that
15fund. A firefighter who meets the eligibility requirements of
16Section 4-109.3 may receive a pension under Section 4-109.3
17from any pension fund from which the firefighter has not
18received a refund under Section 4-116 or under this subsection
19(c); except that beginning January 1, 2020 (the consolidation
20date), such pensions shall be payable from the Illinois
21Municipal Retirement Fund as provided in Section 4-109.3 and
22chargeable to the appropriate municipal accounts and reserves.
23 (d) "Salary" means the annual salary, including longevity,
24attached to the firefighter's rank, as established by the
25municipality appropriation ordinance, including any
26compensation for overtime which is included in the salary so

SB3425- 85 -LRB100 20447 MJP 35796 b
1established, but excluding any "overtime pay", "holiday pay",
2"bonus pay", "merit pay", or any other cash benefit not
3included in the salary so established.
4 (e) The contributions shall be deducted and withheld from
5the salary of firefighters.
6(Source: P.A. 93-689, eff. 7-1-04.)
7 (40 ILCS 5/4-121) (from Ch. 108 1/2, par. 4-121)
8 Sec. 4-121. Board created.
9 (a) This subsection (a) applies until January 1, 2020.
10There is created in each municipality or fire protection
11district a board of trustees to be known as the "Board of
12Trustees of the Firefighters' Pension Fund". The membership of
13the board for each municipality shall be, respectively, as
14follows: in cities, the treasurer, clerk, marshal or chief
15officer of the fire department, and the comptroller if there is
16one, or if not, the mayor; in each township, village or
17incorporated town, the president of the municipality's board of
18trustees, the village or town clerk, village or town attorney,
19village or town treasurer, and the chief officer of the fire
20department; and in each fire protection district, the president
21and other 2 members of its board of trustees and the marshal or
22chief of its fire department or service, as the case may be;
23and in all the municipalities above designated 3 additional
24persons chosen from their active firefighters and one other
25person who has retired under the Firemen's Pension Fund Act of

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11919, or this Article. The Notwithstanding any provision of
2this Section to the contrary, the term of office of each member
3of a board established on or before the 3rd Monday in April,
42006 shall terminate on the 3rd Monday in April, 2006, but all
5incumbent members shall continue to exercise all of the powers
6and be subject to all of the duties of a member of the board
7until all the new members of the board take office.
8 Beginning on the 3rd Monday in April, 2006 and until
9January 1, 2020, the board of trustees for each municipality or
10fire protection district shall consist of 5 members. Two
11members of the board shall be appointed by the mayor or
12president of the board of trustees of the municipality or fire
13protection district involved. Two members of the board shall be
14active participants of the pension fund who are elected from
15the active participants of the fund. One member of the board
16shall be a person who is retired under the Firemen's Pension
17Fund Act of 1919 or this Article who is elected from persons
18retired under the Firemen's Pension Fund Act of 1919 or this
19Article.
20 For the purposes of this Section, a firefighter receiving a
21disability pension shall be considered a retired firefighter.
22In the event that there are no retired firefighters under the
23Fund or if none is willing to serve on the board, then an
24additional active firefighter shall be elected to the board in
25lieu of the retired firefighter that would otherwise be
26elected.

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1 If the regularly constituted fire department of a
2municipality is dissolved and Section 4-106.1 is not
3applicable, the board shall continue to exist and administer
4the Fund so long as there continues to be any annuitant or
5deferred pensioner in the Fund. In such cases, elections shall
6continue to be held as specified in this Section, except that:
7(1) deferred pensioners shall be deemed to be active members
8for the purposes of such elections; (2) any otherwise
9unfillable positions on the board, including ex officio
10positions, shall be filled by election from the remaining
11firefighters and deferred pensioners of the Fund, to the extent
12possible; and (3) if the membership of the board falls below 3
13persons, the Illinois Director of Insurance or his designee
14shall be deemed a member of the board, ex officio.
15 (b) The members of the boards of trustees serving on
16December 31, 2019 may continue to exercise the powers of that
17office until March 1, 2020 for the sole purpose of assisting in
18the consolidation of their respective pension funds, but
19subject to the supervision and requirements of the Transition
20Board.
21 (c) Beginning January 1, 2020, the Board of Trustees of the
22Illinois Municipal Retirement Fund shall assume the duties of
23the former boards of trustees.
24 The members chosen from the active and retired firefighters
25shall be elected by ballot at elections to be held on the 3rd
26Monday in April of the applicable years under the Australian

SB3425- 88 -LRB100 20447 MJP 35796 b
1ballot system, at such place or places, in the municipality,
2and under such regulations as shall be prescribed by the board.
3 No person shall cast more than one vote for each candidate
4for whom he or she is eligible to vote. In the elections for
5board members to be chosen from the active firefighters, all
6active firefighters and no others may vote. In the elections
7for board members to be chosen from retired firefighters, the
8retired firefighters and no others may vote.
9 Each member of the board so elected shall hold office for a
10term of 3 years and until his or her successor has been duly
11elected and qualified.
12 The board shall canvass the ballots and declare which
13persons have been elected and for what term or terms
14respectively. In case of a tie vote between 2 or more
15candidates, the board shall determine by lot which candidate or
16candidates have been elected and for what term or terms
17respectively. In the event of the failure, resignation, or
18inability to act of any board member, a successor shall be
19elected for the unexpired term at a special election called by
20the board and conducted in the same manner as a regular
21election.
22 The board shall elect annually from its members a president
23and secretary.
24 Board members shall not receive or have any right to
25receive any salary from a pension fund for services performed
26as board members.

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1(Source: P.A. 100-201, eff. 8-18-17.)
2 (40 ILCS 5/4-124) (from Ch. 108 1/2, par. 4-124)
3 Sec. 4-124. To enforce contributions. To assess each
4firefighter the contributions required under Section 4-118.1.
5The contributions deducted from salaries, together with all
6interest accruing thereon, shall be paid promptly placed by the
7treasurer of the municipality as ex officio treasurer of the
8board, to the Treasurer credit of the Fund pension fund,
9subject to the order of the Board board.
10(Source: P.A. 83-1440.)
11 (40 ILCS 5/4-128) (from Ch. 108 1/2, par. 4-128)
12 Sec. 4-128. To invest funds. To determine the limitations
13on the amounts of cash to be invested in order to maintain such
14cash balances as may be deemed advisable to meet current
15annuity, benefit, and expense requirements, and to invest the
16remaining available cash in securities, in accordance with the
17prudent person investment rule and the other provisions of this
18Article. Beginning on the consolidation date, the Article 1 and
191A restrictions on the investment of Article 4 Funds no longer
20apply, to the extent that they do not also apply to Article 7
21of this Code. Beginning January 1, 1998, the board shall invest
22funds in accordance with Sections 1-113.1 through 1-113.10 of
23this Code.
24(Source: P.A. 90-507, eff. 8-22-97.)

SB3425- 90 -LRB100 20447 MJP 35796 b
1 (40 ILCS 5/4-130.1 new)
2 Sec. 4-130.1. Termination of participation by a
3participating municipality. If a participating municipality
4terminates participation because it fails to meet the
5requirements of Section 3-103, it shall pay to the Fund the
6amount equal to any net debit balance in its municipality
7account and any account receivable. Its successors, assigns,
8and transferees of its assets shall be obligated to make this
9payment to the extent of the value of assets transferred to
10them. The Fund shall pay an amount equal to any net credit
11balance to the participating municipality, its successors or
12assigns. Any remaining net debit or credit balance not
13collectible or payable shall be transferred to a terminated
14municipality reserve account. The Fund shall pay to each
15firefighter of the participating municipality an amount equal
16to his or her credits in the employee reserves. The employees
17shall have no further rights to any benefits from the Fund,
18except that annuities awarded prior to the date of termination
19shall continue to be paid.
20 (40 ILCS 5/4-130.3 new)
21 Sec. 4-130.3. Authorizations.
22 (a) Each participating municipality shall:
23 (1) Deduct all normal and additional contributions
24 from each payment of earnings payable to each participating

SB3425- 91 -LRB100 20447 MJP 35796 b
1 employee who is entitled to any earnings from the
2 municipality, and remit all normal and additional
3 contributions immediately to the Board; and
4 (2) Pay to the Board contributions required by this
5 Article.
6 (b) Each participating employee shall, by virtue of the
7payment of contributions to this Fund, receive a vested
8interest in the annuities and benefits provided in this Article
9and in consideration of such vested interest shall be deemed to
10have agreed and authorized the deduction from earnings of all
11contributions payable to this Fund in accordance with this
12Article.
13 (c) Payment of earnings less the amounts of contributions
14provided in this Article shall be a full and complete discharge
15of all claims for payment for services rendered by any employee
16during the period covered by any such payment.
17 (40 ILCS 5/4-134) (from Ch. 108 1/2, par. 4-134)
18 Sec. 4-134. Report for tax levy.
19 (a) The Board board shall report to the governing body of
20each participating city council or board of trustees of the
21municipality on the condition of the Fund pension fund at the
22end of its most recently completed fiscal year. The report
23shall be made prior to the council or board meeting held for
24appropriating and levying taxes for the year for which the
25report is made.

SB3425- 92 -LRB100 20447 MJP 35796 b
1 The pension board in the report shall certify and provide
2the following information to the city council or board of
3trustees of the municipality:
4 (1) the total assets of the fund and the their current
5 market value of those assets;
6 (2) the estimated receipts during the next succeeding
7 fiscal year from deductions from the salaries or wages of
8 firefighters, and from all other sources;
9 (3) the estimated amount necessary during the fiscal
10 year to meet the annual actuarial requirements of the
11 pension fund as provided in Sections 4-118 and 4-120;
12 (4) the total net income received from investment of
13 assets along with the assumed investment return and actual
14 investment return received by the Fund fund during its most
15 recently completed fiscal year compared to the total net
16 income, assumed investment return, and actual investment
17 return received during the preceding fiscal year;
18 (5) the increase in employer pension contributions
19 that results from the implementation of the provisions of
20 Public Act 93-689 this amendatory Act of the 93rd General
21 Assembly;
22 (6) the total number of active employees who are
23 financially contributing to the fund;
24 (7) the total amount that was disbursed in benefits
25 during the fiscal year, including the number of and total
26 amount disbursed to (i) annuitants in receipt of a regular

SB3425- 93 -LRB100 20447 MJP 35796 b
1 retirement pension, (ii) recipients being paid a
2 disability pension, and (iii) survivors and children in
3 receipt of benefits;
4 (8) the funded ratio of the Fund fund; and
5 (9) the unfunded liability carried by the Fund fund,
6 along with an actuarial explanation of the unfunded
7 liability. ; and
8 (10) the investment policy of the pension board under
9 the statutory investment restrictions imposed on the fund.
10 Before the Board pension board makes its report, the Fund
11municipality shall have the assets of the Fund fund and their
12current market value verified by an independent certified
13public accountant of its choice.
14 (b) A participating The municipality is authorized to
15publish the report submitted under this Section. This
16publication may be made, without limitation, by publication in
17a local newspaper of general circulation in the municipality or
18by publication on the municipality's Internet website. If the
19municipality publishes the report, then that publication must
20include all of the information relating to that municipality
21submitted by the Board pension board under subsection (a).
22(Source: P.A. 95-950, eff. 8-29-08.)
23 (40 ILCS 5/7-175) (from Ch. 108 1/2, par. 7-175)
24 Sec. 7-175. Board elections.
25 (a) During the period beginning on August 1 and ending on

SB3425- 94 -LRB100 20447 MJP 35796 b
1September 15 of each year the board shall accept nominations of
2candidates for election to the trusteeships for terms beginning
3the next January 1, new trusteeships or vacancies to be filled
4by election.
5 (b) All nominations shall be by petition. Three petitions
6for an executive trustee shall be signed by governing bodies of
7contributing participating municipalities or
8instrumentalities.
9 A petition for an employee trustee shall be signed by at
10least 350 participating employees who were participants during
11July of the current year and who, if their employment status
12remained unchanged, would be eligible to vote for such
13candidate at the following election.
14 A petition for an annuitant trustee shall be signed by at
15least 100 persons who were annuitants of the Fund during July
16of the current year and who, if their annuitant status remains
17unchanged, would be eligible to vote for the candidate at the
18following election.
19 (c) A separate ballot shall be used for each class of
20trustee and the names of all candidates properly nominated in
21petitions received by the board shall be placed in alphabetical
22order upon the proper ballot. Where two employee trustees are
23elected to a full term in the same year, there shall be one
24election for the two trusteeships and the two candidates
25getting the highest number of votes shall be elected.
26 (d) At any election, each contributing participating

SB3425- 95 -LRB100 20447 MJP 35796 b
1municipality and participating instrumentality and each
2contributing participating employee employed by such
3participating municipality or participating instrumentality
4during September of any year, shall be entitled to vote as
5follows:
6 1. The governing body of each such participating
7 municipality and participating instrumentality shall have
8 one vote at any election in which an executive trustee is
9 to be elected, and may cast such vote for any candidate on
10 the executive trustee ballot.
11 2. Each participating employee shall have one vote at
12 any election in which an employee trustee is to be elected,
13 and may cast such vote for any candidate on the employee
14 trustee ballot.
15 3. Each annuitant of the Fund shall have one vote at
16 any election in which an annuitant trustee is to be
17 elected, and may cast that vote for any candidate on the
18 annuitant trustee ballot.
19 4. A vote may be cast for a person not on the ballot by
20 writing in his or her name.
21 (e) The election shall be by ballot pursuant to the rules
22and regulations established by the board and shall be completed
23by December 31 of the year. The results shall be entered in the
24minutes of the meeting of the board following the tally of
25votes.
26 (f) In case of a tie vote, the candidate employed by or

SB3425- 96 -LRB100 20447 MJP 35796 b
1retired from the participating municipality or participating
2instrumentality having the greatest number of participating
3employees at the time shall be elected.
4 (g) Notwithstanding any other provision of this Article, if
5only one candidate is properly nominated in petitions received
6by the Board, that candidate shall be deemed the winner. In the
7case of 2 employee trustees elected to a full term in the same
8year, if only 2 candidates are properly nominated in petitions
9received by the Board, those 2 candidates shall both be deemed
10winners. If a candidate is deemed a winner under this
11paragraph, no election under this Section or Section 7-175.1
12shall be required.
13 (h) For the purposes of this Section, "annuitant" includes
14a person who receives an annuity pursuant to Article 3 or 4.
15 For the purposes of this Section, "contributing
16participating municipality" includes a municipality that
17participates in Article 3 or 4.
18 For the purposes of this Section, "participating employee"
19includes a police officer under Article 3 or a firefighter
20under Article 4.
21(Source: P.A. 98-932, eff. 8-15-14.)
22 (40 ILCS 5/7-175.1) (from Ch. 108 1/2, par. 7-175.1)
23 Sec. 7-175.1. Election of employee and annuitant trustees.
24 (a) The board shall prepare and send ballots and ballot
25envelopes to the employees, including police officers under

SB3425- 97 -LRB100 20447 MJP 35796 b
1Article 3 and firefighters under Article 4, and annuitants
2eligible to vote as of September of that year. The ballots
3shall contain the names of all candidates in alphabetical order
4and an appropriate place where a name may be written in on the
5ballot. The ballot envelope shall have on the outside a form of
6certificate stating that the person voting the ballot is a
7participating employee or annuitant entitled to vote.
8 (b) Employees and annuitants, upon receipt of the ballot,
9shall vote the ballot and place it in the ballot envelope, seal
10the envelope, execute the certificate thereon and return the
11ballot to the Fund.
12 (c) The board shall set a final date for ballot return, and
13ballots received prior to that date in a ballot envelope with a
14properly executed certificate and properly voted, shall be
15valid ballots.
16 (d) The board shall set a day for counting the ballots and
17name judges and clerks of election to conduct the count of
18ballots, and shall make any rules and regulations necessary for
19the conduct of the count.
20 (e) No election under this Section shall be required if a
21candidate is deemed the winner under subsection (g) of Section
227-175.
23(Source: P.A. 98-932, eff. 8-15-14.)
24 Section 90. The State Mandates Act is amended by adding
25Section 8.42 as follows:

SB3425- 98 -LRB100 20447 MJP 35796 b
1 (30 ILCS 805/8.42 new)
2 Sec. 8.42. Exempt mandate. Notwithstanding Sections 6 and 8
3of this Act, no reimbursement by the State is required for the
4implementation of any mandate created by this amendatory Act of
5the 100th General Assembly.
6 Section 99. Effective date. This Act takes effect upon
7becoming law, except that Sections 5 and 15 take effect January
81, 2020.

SB3425- 99 -LRB100 20447 MJP 35796 b
1 INDEX
2 Statutes amended in order of appearance
3 35 ILCS 200/18-185
4 40 ILCS 5/3-101from Ch. 108 1/2, par. 3-101
5 40 ILCS 5/3-101.1 new
6 40 ILCS 5/3-101.2 new
7 40 ILCS 5/4-101from Ch. 108 1/2, par. 4-101
8 40 ILCS 5/4-101.1 new
9 40 ILCS 5/4-101.2 new
10 40 ILCS 5/7-199.5 new
11 40 ILCS 5/7-199.6 new
12 40 ILCS 5/3-102.1 new
13 40 ILCS 5/3-103from Ch. 108 1/2, par. 3-103
14 40 ILCS 5/3-103.9 new
15 40 ILCS 5/3-105from Ch. 108 1/2, par. 3-105
16 40 ILCS 5/3-108.2
17 40 ILCS 5/3-108.3
18 40 ILCS 5/3-110from Ch. 108 1/2, par. 3-110
19 40 ILCS 5/3-110.7
20 40 ILCS 5/3-125from Ch. 108 1/2, par. 3-125
21 40 ILCS 5/3-125.1from Ch. 108 1/2, par. 3-125.1
22 40 ILCS 5/3-128from Ch. 108 1/2, par. 3-128
23 40 ILCS 5/3-134from Ch. 108 1/2, par. 3-134
24 40 ILCS 5/3-135from Ch. 108 1/2, par. 3-135
25 40 ILCS 5/3-141from Ch. 108 1/2, par. 3-141

SB3425- 100 -LRB100 20447 MJP 35796 b