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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3942
Introduced 5/27/2010, by Sen. Mike Jacobs SYNOPSIS AS INTRODUCED:
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40 ILCS 5/9-169 |
from Ch. 108 1/2, par. 9-169 |
40 ILCS 5/10-107 |
from Ch. 108 1/2, par. 10-107 |
30 ILCS 805/8.34 new |
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Amends the Cook County and Cook County Forest Preserve Articles of the Illinois Pension Code. Provides that the multiplier for the years 2011 through 2013 is 2.25 and for the years 2014 through 2017 is 3.00. Provides that, beginning with the year 2018 and each year thereafter, the county and forest preserve district shall levy a tax annually upon all taxable property within the district at a rate that will produce a sum that, when added to the amounts deducted from the salaries of the employees or otherwise contributed by them and revenues from other sources, will equal a sum sufficient to meet the annual actuarial requirements of the pension fund as determined by a qualified actuary retained by the pension fund. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
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FISCAL NOTE ACT MAY APPLY |
PENSION IMPACT NOTE ACT MAY APPLY |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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SB3942 |
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LRB096 22482 AMC 41773 b |
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| AN ACT concerning public employee benefits.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing |
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| Sections 9-169 and 10-107 as follows:
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| (40 ILCS 5/9-169) (from Ch. 108 1/2, par. 9-169)
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| Sec. 9-169. Financing - Tax levy. |
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| (a) The county board shall levy a
tax annually upon all |
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| taxable property in the county at the rate that
will produce a |
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| sum which, when added to the amounts deducted from the salaries
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| of the employees or otherwise contributed by them is sufficient
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| for the requirements of this Article.
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| For the years before 1962 the tax rate shall be as provided |
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| in "The
1925 Act". For the years 1962 and 1963 the tax rate |
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| shall be not more
than .0200 per cent; for the years 1964 and |
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| 1965 the tax rate shall be
not more than .0202 per cent; for |
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| the years 1966 and 1967 the tax rate
shall be not more than |
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| .0207 per cent; for the year 1968 the tax rate
shall be not |
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| more than .0220 per cent; for the year 1969 the tax rate
shall |
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| be not more than .0233 per cent; for the year 1970 the tax rate
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| shall be not more than .0255 per cent; for the year 1971 the |
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| tax rate
shall be not more than .0268 per cent of the value, as |
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| equalized or
assessed by the Department of Revenue upon all |
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SB3942 |
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LRB096 22482 AMC 41773 b |
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| taxable
property in the county. Beginning with the year 1972 |
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| and for each year
thereafter the county shall levy a tax |
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| annually at a rate on the dollar
of the value, as equalized or |
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| assessed by the Department of Revenue
of all taxable property |
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| within the county that will
produce, when extended, not to |
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| exceed an amount equal to the total
amount of contributions |
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| made by the employees to the
fund in the calendar year 2 years |
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| prior to the year for which the annual
applicable tax is levied |
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| multiplied by .8 for the years 1972 through
1976; by .8 for the |
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| year 1977; by .87 for the year 1978; by .94 for the
year 1979; |
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| by 1.02 for the year 1980 and by 1.10 for the year 1981 and
by |
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| 1.18 for the year 1982 and by 1.36 for the year 1983 and by 1.54 |
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| for
the years year 1984 through 2010 and by 2.25 for the years |
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| 2011 through 2013 and by 3.00 for the years 2014 through 2017. |
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| Beginning in the year 2018 and for each year thereafter , the |
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| county shall levy a tax annually upon all taxable property |
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| within the county at a rate that will produce a sum that, when |
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| added to the amounts deducted from the salaries of the |
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| employees or otherwise contributed by them and revenues from |
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| other sources, will equal a sum sufficient to meet the annual |
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| actuarial requirements of the pension fund as determined by a |
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| qualified actuary retained by the pension fund. For the |
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| purposes of this subsection (a), the annual actuarial |
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| requirements of the pension fund are equal to (1) the |
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| employer's normal cost of the pension fund, plus (2) the annual |
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| amount necessary to amortize the fund's unfunded accrued |
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SB3942 |
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LRB096 22482 AMC 41773 b |
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| liabilities over a period of 30 years from the effective date |
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| of the evaluation .
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| This tax shall be levied and collected in like manner with |
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| the
general taxes of the county, and shall be in addition to |
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| all other taxes
which the county is authorized to levy upon the |
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| aggregate valuation of
all taxable property within the county |
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| and shall be exclusive of and in
addition to the amount of tax |
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| the county is authorized to levy for
general purposes under any |
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| laws which may limit the amount of tax which
the county may |
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| levy for general purposes. The county clerk, in reducing
tax |
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| levies under any Act concerning the levy and extension of |
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| taxes,
shall not consider this tax as a part of the general tax |
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| levy for county
purposes, and shall not include it within any |
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| limitation of the per cent
of the assessed valuation upon which |
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| taxes are required to be extended
for the county. It is lawful |
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| to extend this tax in addition to the
general county rate fixed |
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| by statute, without being authorized as
additional by a vote of |
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| the people of the county.
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| Revenues derived from this tax shall be paid to the |
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| treasurer of the
county and held by him for the benefit of the |
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| fund.
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| If the payments on account of taxes are insufficient during |
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| any year
to meet the requirements of this Article, the county |
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| may issue tax
anticipation warrants against the current tax |
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| levy.
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| (b) By January 10, annually, the board shall notify the |
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SB3942 |
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LRB096 22482 AMC 41773 b |
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| county board
of the requirement of this Article that this tax |
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| shall be levied. The
board shall make an annual determination
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| of the required county contributions, and shall certify the |
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| results
thereof to the county board.
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| (c) The various sums to be contributed by the county board |
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| and
allocated for the purposes of this Article and any interest |
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| to be
contributed by the county shall be taken from the revenue |
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| derived from
this tax and no money of the county derived from |
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| any source other than
the levy and collection of this tax or |
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| the sale of tax anticipation
warrants, except state or federal |
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| funds contributed for annuity and
benefit purposes for |
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| employees of a county department of public aid
under "The |
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| Illinois Public Aid Code", approved April 11, 1967, as now or
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| hereafter amended, may be used to provide revenue for the fund.
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| If it is not possible or practicable for the county to make
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| contributions for age and service annuity and widow's annuity
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| concurrently with the employee contributions made for such |
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| purposes,
such county shall make such contributions as soon as |
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| possible and
practicable thereafter with interest thereon at |
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| the effective rate until
the time it shall be made.
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| (d) With respect to employees whose wages are funded as |
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| participants
under the Comprehensive Employment and Training |
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| Act of 1973, as amended
(P.L. 93-203, 87 Stat. 839, P.L. |
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| 93-567, 88 Stat. 1845), hereinafter
referred to as CETA, |
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| subsequent to October 1, 1978, and in instances
where the board |
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| has elected to establish a manpower program reserve, the
board |
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SB3942 |
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LRB096 22482 AMC 41773 b |
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| shall compute the amounts necessary to be credited to the |
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| manpower
program reserves established and maintained as herein |
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| provided, and
shall make a periodic determination of the amount |
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| of required
contributions from the County to the reserve to be |
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| reimbursed by the
federal government in accordance with rules |
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| and regulations established
by the Secretary of the United |
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| States Department of Labor or his
designee, and certify the |
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| results thereof to the County Board. Any such
amounts shall |
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| become a credit to the County and will be used to reduce
the |
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| amount which the County would otherwise contribute during |
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| succeeding
years for all employees.
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| (e) In lieu of establishing a manpower program reserve with |
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| respect
to employees whose wages are funded as participants |
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| under the
Comprehensive Employment and Training Act of 1973, as |
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| authorized by
subsection (d), the board may elect to establish |
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| a special County
contribution rate for all such employees. If |
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| this option is elected, the
County shall contribute to the Fund |
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| from federal funds provided under
the Comprehensive Employment |
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| and Training Act program at the special
rate so established and |
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| such contributions shall become a credit to the
County and be |
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| used to reduce the amount which the County would otherwise
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| contribute during succeeding years for all employees.
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| (Source: P.A. 95-369, eff. 8-23-07.)
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| (40 ILCS 5/10-107) (from Ch. 108 1/2, par. 10-107)
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| Sec. 10-107. Financing - Tax levy. The forest preserve |
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SB3942 |
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LRB096 22482 AMC 41773 b |
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| district may
levy an annual tax on the value, as equalized or |
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| assessed by the
Department of Revenue, of all taxable property |
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| in the
district for the purpose of providing revenue for the |
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| fund. The rate of
such tax in any year may not exceed the rate |
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| herein specified for that
year or the rate which will produce, |
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| when extended, the sum herein
stated for that year, whichever |
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| is higher: for any year prior to 1970,
.00103% or $195,000; for |
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| the year 1970, .00111% or $210,000; for the
year 1971, .00116% |
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| or $220,000. For the year 1972 and each year
thereafter, the |
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| Forest Preserve District shall levy a tax annually at a
rate on |
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| the dollar of the value, as equalized or assessed by the
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| Department of Revenue upon all taxable property in the
county, |
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| when extended, not to exceed an amount equal to the total |
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| amount
of contributions by the employees to the fund made in |
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| the calendar year
2 years prior to the year for which the |
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| annual applicable tax is levied,
multiplied by 1.25 for the |
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| year 1972; and by 1.30 for the years year 1973 through 2010 and |
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| by 2.25 for the years 2011 through 2013 and by 3.00 for the |
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| years 2014 through 2017. Beginning in the year 2018 and
for |
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| each year thereafter , the forest preserve district shall levy a |
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| tax annually upon all taxable property within the district at a |
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| rate that will produce a sum that, when added to the amounts |
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| deducted from the salaries of the employees or otherwise |
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| contributed by them, and revenues from other sources, will |
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| equal a sum sufficient to meet the annual actuarial |
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| requirements of the pension fund as determined by a qualified |
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SB3942 |
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LRB096 22482 AMC 41773 b |
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| actuary retained by the pension fund. For the purposes of this |
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| Section, the annual actuarial requirements of the pension fund |
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| are equal to (1) the employer's normal cost of the pension |
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| fund, plus (2) the annual amount necessary to amortize the |
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| fund's unfunded accrued liabilities over a period of 30 years |
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| from the effective date of the evaluation .
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| The tax shall be levied and collected in like manner with |
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| the general
taxes of the district and shall be in addition to |
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| the maximum of all
other tax rates which the district may levy |
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| upon the aggregate valuation
of all taxable property and shall |
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| be exclusive of and in addition to the
maximum amount and rate |
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| of taxes the district may levy for general
purposes or under |
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| and by virtue of any laws which limit the amount of
tax which |
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| the district may levy for general purposes. The county clerk
of |
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| the county in which the forest preserve district is located in
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| reducing tax levies under the provisions of "An Act concerning |
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| the levy
and extension of taxes", approved May 9, 1901, as |
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| amended, shall not
consider any such tax as a part of the |
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| general tax levy for forest
preserve purposes, and shall not |
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| include the same in the limitation of
1% of the assessed |
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| valuation upon which taxes are required to be
extended, and |
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| shall not reduce the same under the provisions of that
Act. The |
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| proceeds of the tax herein authorized shall be kept as a
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| separate fund.
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| The Board may establish a manpower program reserve, or a |
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| special
forest preserve district contribution rate, with |
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SB3942 |
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LRB096 22482 AMC 41773 b |
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| respect to employees
whose wages are funded as program |
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| participants under the Comprehensive
Employment and Training |
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| Act of 1973 in the manner provided in subsection
(d) or (e), |
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| respectively, of Section 9-169.
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| (Source: P.A. 81-1509.)
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| Section 90. The State Mandates Act is amended by adding |
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| Section 8.34 as follows:
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| (30 ILCS 805/8.34 new) |
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| Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8 |
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| of this Act, no reimbursement by the State is required for the |
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| implementation of any mandate created by this amendatory Act of |
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| the 96th General Assembly.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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