Illinois General Assembly - Bill Status for HB 3813

Amends the Chicago Municipal, Chicago Laborers, and Chicago Teachers Articles of the Illinois Pension Code to provide that, for certain leaves of absence during which a participant is employed by a labor organization, contributions shall be based upon the participant's regular salary (rather than the salary received from the organization). Effective immediately.

Further amends the Illinois Pension Code. Provides that any reasonable suspicion by any appointed or elected commissioner, trustee, director, board member, or employee of a retirement system or pension fund created under the Code or the State Board of Investment of a false statement or falsified record being submitted or permitted by a person under the Code shall be immediately referred to the board of trustees of a retirement system or pension fund created under the Code or the State Board of Investment or the State's Attorney of the jurisdiction where the alleged fraudulent activity occurred, and that the board of trustees of a retirement system or pension fund or the State Board of Investment shall immediately notify the State's Attorney of the jurisdiction where any alleged fraudulent activity occurred for investigation. Specifies that creditable service for leaves of absence without pay during which a participant is employed full-time by a local labor organization that represents municipal employees may be established provided that the participant does not receive credit in any pension plan established by the labor organization based on his employment by the organization, including, but not limited to, pension plans established by the local labor organization, the national labor organization, or the international labor organization (rather than any pension plan established by the local labor organization). Also provides that contributions are to be based on a participant's regular salary only for leaves of absence after the effective date of the amendatory Act.

Further amends the Illinois Pension Code. Provides that for any participant who, on or after the effective date of the amendatory Act, takes a leave of absence under specified provisions in the affected Articles, his or her highest average annual salary shall be based upon the regular salary rate received by the participant for his or her municipal employment immediately prior to that leave of absence.

Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill, as amended by House Amendments No. 1 and 2. Further amends the Downstate Police, Downstate Firefighter, Chicago Police, Chicago Firefighter, Illinois Municipal Retirement Fund (IMRF), Chicago Municipal, Chicago Laborers, State Universities, Downstate Teachers, and Chicago Teachers Articles of the Illinois Pension Code. In each of those Articles, except the Illinois Municipal Retirement Fund Article: provides (i) that, for specified leaves of absence granted after the effective date of the amendatory Act, any pension credit earned must be based on the participant's salary immediately before the leave of absence, (ii) that the participant must contribute an amount equal to the actuarially determined normal cost of the leave-of-absence benefit as calculated by the fund, (iii) that every 3 years, beginning on or as soon as practical after the effective date of the amendatory Act, each affected fund must determine if credit earned under specified leave of absence provisions has created any additional unfunded liability to the fund, (iv) that if it is determined by the fund that an additional unfunded liability has been created, then the participant (or his or her employer) must remit the total cost to the fund, as determined by the fund, within one year, and (v) that, for any participant who, on or after the effective date of the amendatory Act, takes one of the specified leaves of absence, his or her average salary shall be based upon the regular salary rate received by the participant for his or her employment immediately prior to that leave of absence. Effective immediately.

Replaces everything after the enacting clause. Amends the General Provisions, Downstate Police, Downstate Firefighters, Chicago Police, Chicago Firefighters, Chicago Municipal, Cook County, Chicago Laborers, State Universities, and Downstate Teachers Articles of the Illinois Pension Code. Provides that any reasonable suspicion by any appointed or elected commissioner, trustee, director, board member, or employee of a retirement system or pension fund created under the Code or the State Board of Investment of a false statement or falsified record being submitted or permitted by a person under the Code shall be immediately referred to the board of trustees of the applicable retirement system or pension fund created under the Code, the State Board of Investment, or the State's Attorney of the jurisdiction where the alleged fraudulent activity occurred. Requires the board of trustees of a retirement system or pension fund or the State Board of Investment to immediately notify the State's Attorney of the jurisdiction where the alleged fraudulent activity occurred. Specifies the terms under which credit may be earned in each of the affected systems during leaves of absence to serve various labor organizations. Repeals and declares void ab initio a provision added to the Code by Public Act 94-1111. Defines "reasonable suspicion". Effective immediately.

In the Chicago Police Article, removes a requirement that the police officer be on special duty assignment. In the Chicago Municipal and Chicago Laborer Articles, provides that "final average salary", for a participant receiving credit for specified types of leave, means the highest average salary for any 4 consecutive years (or any 8 consecutive years if the employee first became a participant on or after January 1, 2011) in the 10 years immediately prior to the leave of absence, and adding to that highest average salary, the product of (i) that highest average salary, (ii) the average percentage increase in the Consumer Price Index during each 12 month calendar year for the calendar years during the participant's leave of absence, and (iii) the length of the leave of absence in years. Prohibits that amount, however, from exceeding the participant's salary at the local labor organization. In the State Universities Article, requires an individual to file an irrevocable election to become a participant before the effective date of the amendatory Act in order to have specified periods of leave applied to his or her service as an employee. In the Downstate Teachers Article, requires an individual to file an irrevocable election to become a participant before the effective date of the amendatory Act in order to have specified periods of leave applied to his or her service as a teacher. Makes the provisions of the Act severable.

Date	Chamber	Action
1/5/2012	House	Public Act . . . . . . . . . 97-0651

Date	Chamber	Action
9/22/2011	House	Filed with the Clerk by Rep. Tom Cross
9/26/2011	House	Added Chief Co-Sponsor Rep. David Harris
9/26/2011	House	Added Chief Co-Sponsor Rep. Sandra M. Pihos
9/26/2011	House	Added Chief Co-Sponsor Rep. Patricia R. Bellock
9/28/2011	House	Added Co-Sponsor Rep. Michael G. Connelly
9/28/2011	House	Added Chief Co-Sponsor Rep. Sandy Cole
9/29/2011	House	Added Co-Sponsor Rep. Darlene J. Senger
10/5/2011	House	First Reading
10/5/2011	House	Referred to Rules Committee
10/6/2011	House	Final Action Deadline Extended-9(b) November 10, 2011
10/6/2011	House	Assigned to Personnel and Pensions Committee
10/11/2011	House	Added Co-Sponsor Rep. Jack D. Franks
10/19/2011	House	House Committee Amendment No. 1 Filed with Clerk by Rep. Tom Cross
10/19/2011	House	House Committee Amendment No. 1 Referred to Rules Committee
10/21/2011	House	House Committee Amendment No. 2 Filed with Clerk by Rep. Tom Cross
10/21/2011	House	House Committee Amendment No. 2 Referred to Rules Committee
10/24/2011	House	House Committee Amendment No. 1 Rules Refers to Personnel and Pensions Committee
10/24/2011	House	House Committee Amendment No. 2 Rules Refers to Personnel and Pensions Committee
10/24/2011	House	House Committee Amendment No. 1 Adopted in Personnel and Pensions Committee; by Voice Vote
10/24/2011	House	House Committee Amendment No. 2 Adopted in Personnel and Pensions Committee; by Voice Vote
10/24/2011	House	Do Pass as Amended / Short Debate Personnel and Pensions Committee; 009-000-000
10/24/2011	House	Placed on Calendar 2nd Reading - Short Debate
10/24/2011	House	Second Reading - Short Debate
10/24/2011	House	Held on Calendar Order of Second Reading - Short Debate
10/25/2011	House	Added Co-Sponsor Rep. Kent Gaffney
10/25/2011	House	Added Co-Sponsor Rep. Pam Roth
10/26/2011	House	House Floor Amendment No. 3 Filed with Clerk by Rep. Tom Cross
10/26/2011	House	House Floor Amendment No. 3 Referred to Rules Committee
10/26/2011	House	House Floor Amendment No. 3 Rules Refers to Personnel and Pensions Committee
10/26/2011	House	House Committee Amendment No. 1 Land Conveyance Appraisal Note Filed as Amended
10/26/2011	House	House Committee Amendment No. 2 Land Conveyance Appraisal Note Filed as Amended
10/26/2011	House	Added Co-Sponsor Rep. Joe Sosnowski
10/26/2011	House	House Floor Amendment No. 4 Filed with Clerk by Rep. Tom Cross
10/26/2011	House	House Floor Amendment No. 4 Referred to Rules Committee
10/26/2011	House	House Floor Amendment No. 4 Rules Refers to Personnel and Pensions Committee
10/26/2011	House	House Floor Amendment No. 4 Recommends Be Adopted Personnel and Pensions Committee; 009-000-000
10/27/2011	House	House Floor Amendment No. 5 Filed with Clerk by Rep. Tom Cross
10/27/2011	House	House Floor Amendment No. 5 Referred to Rules Committee
10/27/2011	House	Remove Chief Co-Sponsor Rep. Sandy Cole
10/27/2011	House	Added Co-Sponsor Rep. Sandy Cole
10/27/2011	House	Added Chief Co-Sponsor Rep. Michael J. Madigan
10/27/2011	House	House Floor Amendment No. 4 Adopted by Voice Vote
10/27/2011	House	Placed on Calendar Order of 3rd Reading - Short Debate
10/27/2011	House	House Committee Amendment No. 1 State Mandates Fiscal Note Filed as Amended
10/27/2011	House	House Committee Amendment No. 2 State Mandates Fiscal Note Filed as Amended
10/27/2011	House	House Committee Amendment No. 1 Home Rule Note Filed as Amended
10/27/2011	House	House Committee Amendment No. 2 Home Rule Note Filed as Amended
10/27/2011	House	Added Co-Sponsor Rep. Kay Hatcher
10/27/2011	House	Added Co-Sponsor Rep. Chris Nybo
10/27/2011	House	Added Co-Sponsor Rep. Richard Morthland
10/27/2011	House	Added Co-Sponsor Rep. Ed Sullivan, Jr.
10/27/2011	House	Added Co-Sponsor Rep. Jason Barickman
10/27/2011	House	Added Co-Sponsor Rep. Thomas Morrison
10/27/2011	House	Added Co-Sponsor Rep. Jim Durkin
10/27/2011	House	Added Co-Sponsor Rep. Chapin Rose
10/27/2011	House	Added Co-Sponsor Rep. Timothy L. Schmitz
10/27/2011	House	Added Co-Sponsor Rep. JoAnn D. Osmond
10/27/2011	House	Added Co-Sponsor Rep. Dwight Kay
10/27/2011	House	Added Co-Sponsor Rep. Sidney H. Mathias
10/27/2011	House	House Committee Amendment No. 1 Balanced Budget Note Filed as Amended
10/27/2011	House	House Committee Amendment No. 2 Balanced Budget Note Filed as Amended
10/27/2011	House	House Floor Amendment No. 4 Balanced Budget Note Filed as Amended
10/27/2011	House	3/5 Vote Required
10/27/2011	House	Third Reading - Short Debate - Passed 111-003-001
10/27/2011	House	House Floor Amendment No. 3 Tabled Pursuant to Rule 40
10/27/2011	House	House Floor Amendment No. 5 Tabled Pursuant to Rule 40
11/2/2011	Senate	Arrive in Senate
11/2/2011	Senate	Placed on Calendar Order of First Reading
11/2/2011	Senate	Chief Senate Sponsor Sen. Ron Sandack
11/2/2011	Senate	First Reading
11/2/2011	Senate	Referred to Assignments
11/3/2011	Senate	Assigned to Pensions and Investments
11/7/2011	Senate	Rule 2-10 Third Reading Deadline Established As November 10, 2011
11/8/2011	Senate	Alternate Chief Sponsor Changed to Sen. Kwame Raoul
11/8/2011	Senate	Added as Alternate Chief Co-Sponsor Sen. Ron Sandack
11/8/2011	Senate	Fiscal Note Filed as amended by House Amendments 1 & 2, from the Commission on Government Forecasting & Accountability
11/8/2011	Senate	Fiscal Note Filed as amended by House Amendment 4, from the Commission on Government Forecasting & Accountability
11/8/2011	Senate	Pension Note Filed as amended by House Amendments 1 & 2, from the Commission on Government Forecasting & Accountability
11/8/2011	Senate	Pension Note Filed as amended by House Amendment 4, from the Commission on Government Forecasting & Accountability
11/8/2011	Senate	State Debt Impact Note Filed as amended by House Amendments 1 & 2, from the Commission on Government Forecasting & Accountability
11/8/2011	Senate	State Debt Impact Note Filed as amended by House Amendment 4, from the Commission on Government Forecasting & Accountability
11/8/2011	Senate	Housing Affordability Impact Note Filed as amended by House Amendments 1 & 2, from the Illinois Housing Development Authority
11/8/2011	Senate	Housing Affordability Impact Note Filed as amended by House Amendment 4, from the Illinois Housing Development Authority
11/8/2011	Senate	Land Conveyance Appraisal Note Filed as amended by House Amendment 4, from the Illinois Department of Transportation
11/8/2011	Senate	Senate Committee Amendment No. 1 Filed with Secretary by Sen. Kwame Raoul
11/8/2011	Senate	Senate Committee Amendment No. 1 Referred to Assignments
11/8/2011	Senate	Senate Committee Amendment No. 1 Assignments Refers to Pensions and Investments
11/9/2011	Senate	Senate Committee Amendment No. 1 Adopted
11/9/2011	Senate	Do Pass as Amended Pensions and Investments; 009-000-000
11/9/2011	Senate	Placed on Calendar Order of 2nd Reading November 9, 2011
11/9/2011	Senate	Added as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
11/9/2011	Senate	Senate Floor Amendment No. 2 Filed with Secretary by Sen. Kwame Raoul
11/9/2011	Senate	Senate Floor Amendment No. 2 Referred to Assignments
11/9/2011	Senate	Second Reading
11/9/2011	Senate	Placed on Calendar Order of 3rd Reading November 10, 2011
11/9/2011	Senate	Sponsor Removed Sen. Jacqueline Y. Collins
11/9/2011	Senate	Added as Alternate Chief Co-Sponsor Sen. Michael W. Frerichs
11/9/2011	Senate	Senate Floor Amendment No. 2 Be Approved for Consideration Assignments;
11/10/2011	Senate	Sponsor Removed Sen. Michael W. Frerichs
11/10/2011	Senate	Recalled to Second Reading
11/10/2011	Senate	Senate Floor Amendment No. 2 Adopted; Raoul
11/10/2011	Senate	Placed on Calendar Order of 3rd Reading
11/10/2011	Senate	Added as Alternate Chief Co-Sponsor Sen. Dan Kotowski
11/10/2011	Senate	3/5 Vote Required
11/10/2011	Senate	Third Reading - Passed; 050-000-001
11/10/2011	House	Arrived in House
11/10/2011	House	Placed on Calendar Order of Concurrence Senate Amendment(s) 1, 2
11/10/2011	House	Senate Committee Amendment No. 1 Motion Filed Concur Rep. Tom Cross
11/10/2011	House	Senate Floor Amendment No. 2 Motion Filed Concur Rep. Tom Cross
11/10/2011	House	Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
11/10/2011	House	Senate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
11/22/2011	House	Senate Committee Amendment No. 1 Motion to Concur Rules Referred to Personnel and Pensions Committee
11/22/2011	House	Senate Floor Amendment No. 2 Motion to Concur Rules Referred to Personnel and Pensions Committee
11/28/2011	House	Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Personnel and Pensions Committee; 009-000-000
11/28/2011	House	Senate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Personnel and Pensions Committee; 009-000-000
11/29/2011	House	Removed Co-Sponsor Rep. Sidney H. Mathias
11/29/2011	House	Senate Committee Amendment No. 1 House Concurs 108-004-001
11/29/2011	House	Senate Floor Amendment No. 2 House Concurs 108-004-001
11/29/2011	House	Added Co-Sponsor Rep. Kenneth Dunkin
11/29/2011	House	Added Co-Sponsor Rep. Paul Evans
11/29/2011	House	Added Co-Sponsor Rep. Donald L. Moffitt
11/29/2011	House	House Concurs
11/29/2011	House	Passed Both Houses
12/11/2011	House	Sent to the Governor
1/5/2012	House	Governor Approved
1/5/2012	House	Effective Date January 5, 2012
1/5/2012	House	Public Act . . . . . . . . . 97-0651

	Adds reference to:
	40 ILCS 5/1-114	from Ch. 108 1/2, par. 1-114

	Land Conveyance Appraisal Note, House Committee Amendment No. 1 (Dept. of Transportation)
	No land conveyances are included in this bill, therefore, there are no appraisals to be filed.

	State Mandates Fiscal Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity)
	HB 3813 (H-AM 1) does not create a State mandate.

	State Mandates Fiscal Note, House Committee Amendment No. 2 (Dept. of Commerce & Economic Opportunity)
	HB 3813 (H-AM 2) does not create a State mandate.

	Home Rule Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity)
	HB 3813 (H-AM 1) does not pre-empt home rule authority.

	Home Rule Note, House Committee Amendment No. 2 (Dept. of Commerce & Economic Opportunity)
	HB 3813 (H-AM 2) does not pre-empt home rule authority.

	Balanced Budget Note, House Committee Amendment No. 1 (Office of Management and Budget)
	There is no cost to the five State retirement systems resulting from the new fiduciary duties. The changes to Chicago employee pension systems have no impact on the State budget.

	Balanced Budget Note, House Floor Amendment No. 4 (Office of Management and Budget)
	There is no cost to the five State retirement systems resulting from the new fiduciary duties. Changes to TRS and SURS retirement annuities have no cost, and may lead to undetermined future savings. The changes to Chicago and downstate employee pension systems have no impact on the State budget.

	State Debt Impact Note (Government Forecasting & Accountability)
	HB 3813 (H-AM 1 & 2) would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

	State Debt Impact Note (Government Forecasting & Accountability)
	HB 3813 (H-AM 4) would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

	Housing Affordability Impact Note (Housing Development Authority)
	HB 3813 (H-AM 1 & 2) will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence.

	Housing Affordability Impact Note (Housing Development Authority)
	HB 3813 (H-AM 4) will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence.

	Land Conveyance Appraisal Note (Dept. of Transportation)
	No land conveyances are included in this bill, therefore, there are no appraisals to be filed.

	Adds reference to:
	40 ILCS 5/3-110	from Ch. 108 1/2, par. 3-110

	Adds reference to:
	40 ILCS 5/8-138	from Ch. 108 1/2, par. 8-138