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Sen. John J. Cullerton
Filed: 5/7/2010
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LRB096 04127 HLH 41446 a |
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| AMENDMENT TO HOUSE BILL 543
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| AMENDMENT NO. ______. Amend House Bill 543 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The State Finance Act is amended by changing |
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| Section 14.1 as follows:
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| (30 ILCS 105/14.1)
(from Ch. 127, par. 150.1)
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| Sec. 14.1. Appropriations for State contributions to the |
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| State
Employees' Retirement System; payroll requirements. |
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| (a) Appropriations for State contributions to the State
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| Employees' Retirement System of Illinois shall be expended in |
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| the manner
provided in this Section.
Except as otherwise |
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| provided in subsections (a-1) and (a-2),
at the time of each |
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| payment of salary to an
employee under the personal services |
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| line item, payment shall be made to
the State Employees' |
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| Retirement System, from the amount appropriated for
State |
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| contributions to the State Employees' Retirement System, of an |
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LRB096 04127 HLH 41446 a |
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| amount
calculated at the rate certified for the applicable |
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| fiscal year by the
Board of Trustees of the State Employees' |
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| Retirement System under Section
14-135.08 of the Illinois |
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| Pension Code. If a line item appropriation to an
employer for |
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| this purpose is exhausted or is unavailable due to any |
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| limitation on appropriations that may apply, (including, but |
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| not limited to, limitations on appropriations from the Road |
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| Fund under Section 8.3 of the State Finance Act), the amounts |
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| shall be
paid under the continuing appropriation for this |
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| purpose contained in the State
Pension Funds Continuing |
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| Appropriation Act.
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| (a-1) Beginning on the effective date of this amendatory |
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| Act of the 93rd
General Assembly through the payment of the |
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| final payroll from fiscal
year 2004 appropriations, |
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| appropriations for State contributions to the
State Employees' |
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| Retirement System of Illinois shall be expended in the
manner |
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| provided in this subsection (a-1). At the time of each payment |
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| of
salary to an employee under the personal services line item |
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| from a fund
other than the General Revenue Fund, payment shall |
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| be made for deposit
into the General Revenue Fund from the |
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| amount appropriated for State
contributions to the State |
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| Employees' Retirement System of an amount
calculated at the |
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| rate certified for fiscal year 2004 by the Board of
Trustees of |
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| the State Employees' Retirement System under Section
14-135.08 |
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| of the Illinois Pension Code. This payment shall be made to
the |
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| extent that a line item appropriation to an employer for this |
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LRB096 04127 HLH 41446 a |
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| purpose is
available or unexhausted. No payment from |
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| appropriations for State
contributions shall be made in |
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| conjunction with payment of salary to an
employee under the |
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| personal services line item from the General Revenue
Fund.
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| (a-2) For fiscal year 2010 only, at the time of each |
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| payment of salary to an employee under the personal services |
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| line item from a fund other than the General Revenue Fund, |
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| payment shall be made for deposit into the State Employees' |
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| Retirement System of Illinois from the amount appropriated for |
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| State contributions to the State Employees' Retirement System |
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| of Illinois of an amount calculated at the rate certified for |
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| fiscal year 2010 by the Board of Trustees of the State |
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| Employees' Retirement System of Illinois under Section |
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| 14-135.08 of the Illinois Pension Code. This payment shall be |
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| made to the extent that a line item appropriation to an |
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| employer for this purpose is available or unexhausted. For |
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| fiscal year 2010 only, no payment from appropriations for State |
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| contributions shall be made in conjunction with payment of |
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| salary to an employee under the personal services line item |
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| from the General Revenue Fund. |
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| (a-3) For fiscal year 2011 only, at the time of each |
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| payment of salary to an employee under the personal services |
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| line item from a fund other than the General Revenue Fund, |
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| payment shall be made for deposit into the State Employees' |
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| Retirement System of Illinois from the amount appropriated for |
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| State contributions to the State Employees' Retirement System |
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LRB096 04127 HLH 41446 a |
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| of Illinois of an amount calculated at the rate certified for |
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| fiscal year 2011 by the Board of Trustees of the State |
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| Employees' Retirement System of Illinois under Section |
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| 14-135.08 of the Illinois Pension Code. This payment shall be |
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| made to the extent that a line item appropriation to an |
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| employer for this purpose is available or unexhausted. For |
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| fiscal year 2011 only, no payment from appropriations for State |
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| contributions shall be made in conjunction with payment of |
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| salary to an employee under the personal services line item |
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| from the General Revenue Fund until the Governor makes the |
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| certification provided in Section 1.8 of the State Pension |
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| Funds Continuing Appropriation Act. |
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| (b) Except during the period beginning on the effective |
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| date of this
amendatory
Act of the 93rd General Assembly and |
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| ending at the time of the payment of the
final payroll from |
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| fiscal year 2004 appropriations, the State Comptroller
shall |
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| not approve for payment any payroll
voucher that (1) includes |
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| payments of salary to eligible employees in the
State |
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| Employees' Retirement System of Illinois and (2) does not |
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| include the
corresponding payment of State contributions to |
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| that retirement system at the
full rate certified under Section |
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| 14-135.08 for that fiscal year for eligible
employees, unless |
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| the balance in the fund on which the payroll voucher is drawn
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| is insufficient to pay the total payroll voucher, or |
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| unavailable due to any limitation on appropriations that may |
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| apply, including, but not limited to, limitations on |
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LRB096 04127 HLH 41446 a |
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| appropriations from the Road Fund under Section 8.3 of the |
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| State Finance Act. If the State Comptroller
approves a payroll |
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| voucher under this Section for which the fund balance is
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| insufficient to pay the full amount of the required State |
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| contribution to the
State Employees' Retirement System, the |
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| Comptroller shall promptly so notify
the Retirement System.
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| (b-1) For fiscal year 2010 only, the State Comptroller |
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| shall not approve for payment any non-General Revenue Fund |
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| payroll voucher that (1) includes payments of salary to |
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| eligible employees in the State Employees' Retirement System of |
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| Illinois and (2) does not include the corresponding payment of |
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| State contributions to that retirement system at the full rate |
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| certified under Section 14-135.08 for that fiscal year for |
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| eligible employees, unless the balance in the fund on which the |
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| payroll voucher is drawn is insufficient to pay the total |
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| payroll voucher, or unavailable due to any limitation on |
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| appropriations that may apply, including, but not limited to, |
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| limitations on appropriations from the Road Fund under Section |
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| 8.3 of the State Finance Act. If the State Comptroller approves |
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| a payroll voucher under this Section for which the fund balance |
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| is insufficient to pay the full amount of the required State |
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| contribution to the State Employees' Retirement System of |
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| Illinois, the Comptroller shall promptly so notify the |
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| retirement system. |
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| (c) Notwithstanding any other provisions of law, beginning |
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| July 1, 2007, required State and employee contributions to the |
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LRB096 04127 HLH 41446 a |
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| State Employees' Retirement System of Illinois relating to |
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| affected legislative staff employees shall be paid out of |
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| moneys appropriated for that purpose to the Commission on |
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| Government Forecasting and Accountability, rather than out of |
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| the lump-sum appropriations otherwise made for the payroll and |
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| other costs of those employees. |
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| These payments must be made pursuant to payroll vouchers |
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| submitted by the employing entity as part of the regular |
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| payroll voucher process. |
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| For the purpose of this subsection, "affected legislative |
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| staff employees" means legislative staff employees paid out of |
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| lump-sum appropriations made to the General Assembly, an |
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| Officer of the General Assembly, or the Senate Operations |
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| Commission, but does not include district-office staff or |
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| employees of legislative support services agencies. |
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| (Source: P.A. 95-707, eff. 1-11-08; 96-45, eff. 7-15-09.)
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| Section 10. The State Pension Funds Continuing |
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| Appropriation Act is amended by adding Section 1.8 as follows:
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| (40 ILCS 15/1.8 new) |
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| Sec. 1.8. Suspension of appropriations for FY 2011. |
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| Notwithstanding any other provision of this Act, no |
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| appropriation otherwise required from the General Revenue Fund |
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| or the Common School Fund under this Act is required to be made |
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| until the Governor certifies to the Comptroller that adequate |