Sen. Daniel Biss
Filed: 3/19/2013
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO SENATE BILL 35
| ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 35, AS AMENDED, | ||||||
3 | with reference to page and line numbers of Senate Amendment No. | ||||||
4 | 1, as follows:
| ||||||
5 | on page 26, by replacing lines 13 through 15 with the | ||||||
6 | following: | ||||||
7 | " Assembly shall be 3% of the lesser of (1) the total annuity
| ||||||
8 | payable at the time of the increase, including previous
| ||||||
9 | increases granted, or (2) $1,000 multiplied by the number of | ||||||
10 | years of creditable service upon which the annuity is based. "; | ||||||
11 | and | ||||||
12 | on page 39, by replacing lines 14 through 16 with " available to | ||||||
13 | the System "; and | ||||||
14 | on page 39, by replacing line 19 with the following: | ||||||
15 | " It shall be the mandatory fiduciary obligation of the Board of |
| |||||||
| |||||||
1 | the System to bring that action if the State fails to pay in | ||||||
2 | the fiscal year the amount guaranteed under this subsection. | ||||||
3 | Before commencing that action, the Board shall submit a voucher | ||||||
4 | for monthly contributions as required in Section 2-124. If the | ||||||
5 | State fails to pay a vouchered amount within 90 days after | ||||||
6 | receiving a voucher for that amount, then the Board shall | ||||||
7 | submit a written request to the Comptroller seeking payment of | ||||||
8 | that amount. A copy of the request shall be filed with the | ||||||
9 | Secretary of State, and the Secretary of State shall provide | ||||||
10 | copies of the request to the Governor and General Assembly. No | ||||||
11 | earlier than the 16th day after filing a request with the | ||||||
12 | Secretary, but no later than the 21st day after filing that | ||||||
13 | request, the Board may commence such an action in the Circuit | ||||||
14 | Court. If the Board fails to commence such action on or before | ||||||
15 | the 21st day after filing the request with the Secretary of | ||||||
16 | State, then any participant or annuitant may file a mandamus | ||||||
17 | action against the Board to compel the Board to commence its | ||||||
18 | mandamus action against the State. This Section constitutes an | ||||||
19 | express waiver of the State's sovereign immunity. In ordering | ||||||
20 | the State to make the required payment, the court may order a | ||||||
21 | reasonable payment schedule to enable the State to make the | ||||||
22 | required payment. The obligations and causes of action created | ||||||
23 | under this subsection shall be in addition to any other right | ||||||
24 | or remedy otherwise accorded by common law, or State or federal | ||||||
25 | law, and nothing in this subsection shall be construed to deny, | ||||||
26 | abrogate, impair, or waive any such common law or statutory |
| |||||||
| |||||||
1 | right or remedy. | ||||||
2 | Any payments required to be made by the State pursuant to "; | ||||||
3 | and | ||||||
4 | on page 81, by replacing lines 10 through 13 with the | ||||||
5 | following: | ||||||
6 | " Assembly shall be 3% of the lesser of (1) the total annuity
| ||||||
7 | payable at the time of the increase, including previous
| ||||||
8 | increases granted or (2) $800 ($1,000 if the annuity is
based | ||||||
9 | primarily upon service as a noncovered employee) multiplied by | ||||||
10 | the number of years of creditable service upon which the | ||||||
11 | annuity is based. "; and | ||||||
12 | on page 96, by replacing lines 19 through 21 with " available to | ||||||
13 | the System "; and | ||||||
14 | on page 96, by replacing line 24 with the following: | ||||||
15 | " It shall be the mandatory fiduciary obligation of the Board of | ||||||
16 | the System to bring that action if the State fails to pay in | ||||||
17 | the fiscal year the amount guaranteed under this subsection. | ||||||
18 | Before commencing that action, the Board shall submit a voucher | ||||||
19 | for monthly contributions as required in Section 14-131. If the | ||||||
20 | State fails to pay a vouchered amount within 90 days after | ||||||
21 | receiving a voucher for that amount, then the Board shall | ||||||
22 | submit a written request to the Comptroller seeking payment of | ||||||
23 | that amount. A copy of the request shall be filed with the |
| |||||||
| |||||||
1 | Secretary of State, and the Secretary of State shall provide | ||||||
2 | copies of the request to the Governor and General Assembly. No | ||||||
3 | earlier than the 16th day after filing a request with the | ||||||
4 | Secretary, but no later than the 21st day after filing that | ||||||
5 | request, the Board may commence such an action in the Circuit | ||||||
6 | Court. If the Board fails to commence such action on or before | ||||||
7 | the 21st day after filing the request with the Secretary of | ||||||
8 | State, then any participant or annuitant may file a mandamus | ||||||
9 | action against the Board to compel the Board to commence its | ||||||
10 | mandamus action against the State. This Section constitutes an | ||||||
11 | express waiver of the State's sovereign immunity. In ordering | ||||||
12 | the State to make the required payment, the court may order a | ||||||
13 | reasonable payment schedule to enable the State to make the | ||||||
14 | required payment. The obligations and causes of action created | ||||||
15 | under this subsection shall be in addition to any other right | ||||||
16 | or remedy otherwise accorded by common law, or State or federal | ||||||
17 | law, and nothing in this subsection shall be construed to deny, | ||||||
18 | abrogate, impair, or waive any such common law or statutory | ||||||
19 | right or remedy. | ||||||
20 | Any payments required to be made by the State pursuant to "; | ||||||
21 | and | ||||||
22 | on page 122, by replacing lines 24 through 26 with the | ||||||
23 | following: | ||||||
24 | " Assembly shall be 3% of the lesser of (1) the total annuity
| ||||||
25 | payable at the time of the increase, including previous
|
| |||||||
| |||||||
1 | increases granted or (2) $1,000 multiplied by the number of | ||||||
2 | years of creditable service upon which the annuity is based. "; | ||||||
3 | and | ||||||
4 | on page 145, by replacing lines 7 through 9 with " available to | ||||||
5 | the System "; and | ||||||
6 | on page 145, by replacing line 12 with the following: | ||||||
7 | " It shall be the mandatory fiduciary obligation of the Board of | ||||||
8 | the System to bring that action if the State fails to pay in | ||||||
9 | the fiscal year the amount guaranteed under this subsection. | ||||||
10 | Before commencing that action, the Board shall submit a voucher | ||||||
11 | for monthly contributions as required in Section 15-155. If the | ||||||
12 | State fails to pay a vouchered amount within 90 days after | ||||||
13 | receiving a voucher for that amount, then the Board shall | ||||||
14 | submit a written request to the Comptroller seeking payment of | ||||||
15 | that amount. A copy of the request shall be filed with the | ||||||
16 | Secretary of State, and the Secretary of State shall provide | ||||||
17 | copies of the request to the Governor and General Assembly. No | ||||||
18 | earlier than the 16th day after filing a request with the | ||||||
19 | Secretary, but no later than the 21st day after filing that | ||||||
20 | request, the Board may commence such an action in the Circuit | ||||||
21 | Court. If the Board fails to commence such action on or before | ||||||
22 | the 21st day after filing the request with the Secretary of | ||||||
23 | State, then any participant or annuitant may file a mandamus | ||||||
24 | action against the Board to compel the Board to commence its |
| |||||||
| |||||||
1 | mandamus action against the State. This Section constitutes an | ||||||
2 | express waiver of the State's sovereign immunity. In ordering | ||||||
3 | the State to make the required payment, the court may order a | ||||||
4 | reasonable payment schedule to enable the State to make the | ||||||
5 | required payment. The obligations and causes of action created | ||||||
6 | under this subsection shall be in addition to any other right | ||||||
7 | or remedy otherwise accorded by common law, or State or federal | ||||||
8 | law, and nothing in this subsection shall be construed to deny, | ||||||
9 | abrogate, impair, or waive any such common law or statutory | ||||||
10 | right or remedy. | ||||||
11 | Any payments required to be made by the State pursuant to "; | ||||||
12 | and | ||||||
13 | on page 177, by replacing lines 3 through 5 with the following: | ||||||
14 | " Assembly shall be 3% of the lesser of (1) the total annuity
| ||||||
15 | payable at the time of the increase, including previous
| ||||||
16 | increases granted or (2) $1,000 multiplied by the number of | ||||||
17 | years of creditable service upon which the annuity is based. "; | ||||||
18 | and | ||||||
19 | on page 210, by replacing lines 2 through 4 with " available to | ||||||
20 | the System "; and | ||||||
21 | on page 210, by replacing line 7 with the following: | ||||||
22 | " It shall be the mandatory fiduciary obligation of the Board of | ||||||
23 | the System to bring that action if the State fails to pay in | ||||||
24 | the fiscal year the amount guaranteed under this Section. |
| |||||||
| |||||||
1 | Before commencing that action, the Board shall submit a voucher | ||||||
2 | for monthly contributions as required in Section 16-158. If the | ||||||
3 | State fails to pay a vouchered amount within 90 days after | ||||||
4 | receiving a voucher for that amount, then the Board shall | ||||||
5 | submit a written request to the Comptroller seeking payment of | ||||||
6 | that amount. A copy of the request shall be filed with the | ||||||
7 | Secretary of State, and the Secretary of State shall provide | ||||||
8 | copies of the request to the Governor and General Assembly. No | ||||||
9 | earlier than the 16th day after filing a request with the | ||||||
10 | Secretary, but no later than the 21st day after filing that | ||||||
11 | request, the Board may commence such an action in the Circuit | ||||||
12 | Court. If the Board fails to commence such action on or before | ||||||
13 | the 21st day after filing the request with the Secretary of | ||||||
14 | State, then any participant or annuitant may file a mandamus | ||||||
15 | action against the Board to compel the Board to commence its | ||||||
16 | mandamus action against the State. This Section constitutes an | ||||||
17 | express waiver of the State's sovereign immunity. In ordering | ||||||
18 | the State to make the required payment, the court may order a | ||||||
19 | reasonable payment schedule to enable the State to make the | ||||||
20 | required payment. The obligations and causes of action created | ||||||
21 | under this subsection shall be in addition to any other right | ||||||
22 | or remedy otherwise accorded by common law, or State or federal | ||||||
23 | law, and nothing in this Section shall be construed to deny, | ||||||
24 | abrogate, impair, or waive any such common law or statutory | ||||||
25 | right or remedy. | ||||||
26 | Any payments required to be made by the State pursuant to ".
|