Sen. Daniel Biss

Filed: 3/19/2013

 

 


 

 


 
09800SB0035sam004LRB098 05472 JDS 43550 a

1
AMENDMENT TO SENATE BILL 35

2    AMENDMENT NO. ______. Amend Senate Bill 35, AS AMENDED,
3with reference to page and line numbers of Senate Amendment No.
41, as follows:
 
5on page 26, by replacing lines 13 through 15 with the
6following:
7"Assembly shall be 3% of the lesser of (1) the total annuity
8payable at the time of the increase, including previous
9increases granted, or (2) $1,000 multiplied by the number of
10years of creditable service upon which the annuity is based.";
11and
 
12on page 39, by replacing lines 14 through 16 with "available to
13the System"; and
 
14on page 39, by replacing line 19 with the following:
15"It shall be the mandatory fiduciary obligation of the Board of

 

 

09800SB0035sam004- 2 -LRB098 05472 JDS 43550 a

1the System to bring that action if the State fails to pay in
2the fiscal year the amount guaranteed under this subsection.
3Before commencing that action, the Board shall submit a voucher
4for monthly contributions as required in Section 2-124. If the
5State fails to pay a vouchered amount within 90 days after
6receiving a voucher for that amount, then the Board shall
7submit a written request to the Comptroller seeking payment of
8that amount. A copy of the request shall be filed with the
9Secretary of State, and the Secretary of State shall provide
10copies of the request to the Governor and General Assembly. No
11earlier than the 16th day after filing a request with the
12Secretary, but no later than the 21st day after filing that
13request, the Board may commence such an action in the Circuit
14Court. If the Board fails to commence such action on or before
15the 21st day after filing the request with the Secretary of
16State, then any participant or annuitant may file a mandamus
17action against the Board to compel the Board to commence its
18mandamus action against the State. This Section constitutes an
19express waiver of the State's sovereign immunity. In ordering
20the State to make the required payment, the court may order a
21reasonable payment schedule to enable the State to make the
22required payment. The obligations and causes of action created
23under this subsection shall be in addition to any other right
24or remedy otherwise accorded by common law, or State or federal
25law, and nothing in this subsection shall be construed to deny,
26abrogate, impair, or waive any such common law or statutory

 

 

09800SB0035sam004- 3 -LRB098 05472 JDS 43550 a

1right or remedy.
2    Any payments required to be made by the State pursuant to";
3and
 
4on page 81, by replacing lines 10 through 13 with the
5following:
6"Assembly shall be 3% of the lesser of (1) the total annuity
7payable at the time of the increase, including previous
8increases granted or (2) $800 ($1,000 if the annuity is based
9primarily upon service as a noncovered employee) multiplied by
10the number of years of creditable service upon which the
11annuity is based."; and
 
12on page 96, by replacing lines 19 through 21 with "available to
13the System"; and
 
14on page 96, by replacing line 24 with the following:
15"It shall be the mandatory fiduciary obligation of the Board of
16the System to bring that action if the State fails to pay in
17the fiscal year the amount guaranteed under this subsection.
18Before commencing that action, the Board shall submit a voucher
19for monthly contributions as required in Section 14-131. If the
20State fails to pay a vouchered amount within 90 days after
21receiving a voucher for that amount, then the Board shall
22submit a written request to the Comptroller seeking payment of
23that amount. A copy of the request shall be filed with the

 

 

09800SB0035sam004- 4 -LRB098 05472 JDS 43550 a

1Secretary of State, and the Secretary of State shall provide
2copies of the request to the Governor and General Assembly. No
3earlier than the 16th day after filing a request with the
4Secretary, but no later than the 21st day after filing that
5request, the Board may commence such an action in the Circuit
6Court. If the Board fails to commence such action on or before
7the 21st day after filing the request with the Secretary of
8State, then any participant or annuitant may file a mandamus
9action against the Board to compel the Board to commence its
10mandamus action against the State. This Section constitutes an
11express waiver of the State's sovereign immunity. In ordering
12the State to make the required payment, the court may order a
13reasonable payment schedule to enable the State to make the
14required payment. The obligations and causes of action created
15under this subsection shall be in addition to any other right
16or remedy otherwise accorded by common law, or State or federal
17law, and nothing in this subsection shall be construed to deny,
18abrogate, impair, or waive any such common law or statutory
19right or remedy.
20    Any payments required to be made by the State pursuant to";
21and
 
22on page 122, by replacing lines 24 through 26 with the
23following:
24"Assembly shall be 3% of the lesser of (1) the total annuity
25payable at the time of the increase, including previous

 

 

09800SB0035sam004- 5 -LRB098 05472 JDS 43550 a

1increases granted or (2) $1,000 multiplied by the number of
2years of creditable service upon which the annuity is based.";
3and
 
4on page 145, by replacing lines 7 through 9 with "available to
5the System"; and
 
6on page 145, by replacing line 12 with the following:
7"It shall be the mandatory fiduciary obligation of the Board of
8the System to bring that action if the State fails to pay in
9the fiscal year the amount guaranteed under this subsection.
10Before commencing that action, the Board shall submit a voucher
11for monthly contributions as required in Section 15-155. If the
12State fails to pay a vouchered amount within 90 days after
13receiving a voucher for that amount, then the Board shall
14submit a written request to the Comptroller seeking payment of
15that amount. A copy of the request shall be filed with the
16Secretary of State, and the Secretary of State shall provide
17copies of the request to the Governor and General Assembly. No
18earlier than the 16th day after filing a request with the
19Secretary, but no later than the 21st day after filing that
20request, the Board may commence such an action in the Circuit
21Court. If the Board fails to commence such action on or before
22the 21st day after filing the request with the Secretary of
23State, then any participant or annuitant may file a mandamus
24action against the Board to compel the Board to commence its

 

 

09800SB0035sam004- 6 -LRB098 05472 JDS 43550 a

1mandamus action against the State. This Section constitutes an
2express waiver of the State's sovereign immunity. In ordering
3the State to make the required payment, the court may order a
4reasonable payment schedule to enable the State to make the
5required payment. The obligations and causes of action created
6under this subsection shall be in addition to any other right
7or remedy otherwise accorded by common law, or State or federal
8law, and nothing in this subsection shall be construed to deny,
9abrogate, impair, or waive any such common law or statutory
10right or remedy.
11    Any payments required to be made by the State pursuant to";
12and
 
13on page 177, by replacing lines 3 through 5 with the following:
14"Assembly shall be 3% of the lesser of (1) the total annuity
15payable at the time of the increase, including previous
16increases granted or (2) $1,000 multiplied by the number of
17years of creditable service upon which the annuity is based.";
18and
19on page 210, by replacing lines 2 through 4 with "available to
20the System"; and
 
21on page 210, by replacing line 7 with the following:
22"It shall be the mandatory fiduciary obligation of the Board of
23the System to bring that action if the State fails to pay in
24the fiscal year the amount guaranteed under this Section.

 

 

09800SB0035sam004- 7 -LRB098 05472 JDS 43550 a

1Before commencing that action, the Board shall submit a voucher
2for monthly contributions as required in Section 16-158. If the
3State fails to pay a vouchered amount within 90 days after
4receiving a voucher for that amount, then the Board shall
5submit a written request to the Comptroller seeking payment of
6that amount. A copy of the request shall be filed with the
7Secretary of State, and the Secretary of State shall provide
8copies of the request to the Governor and General Assembly. No
9earlier than the 16th day after filing a request with the
10Secretary, but no later than the 21st day after filing that
11request, the Board may commence such an action in the Circuit
12Court. If the Board fails to commence such action on or before
13the 21st day after filing the request with the Secretary of
14State, then any participant or annuitant may file a mandamus
15action against the Board to compel the Board to commence its
16mandamus action against the State. This Section constitutes an
17express waiver of the State's sovereign immunity. In ordering
18the State to make the required payment, the court may order a
19reasonable payment schedule to enable the State to make the
20required payment. The obligations and causes of action created
21under this subsection shall be in addition to any other right
22or remedy otherwise accorded by common law, or State or federal
23law, and nothing in this Section shall be construed to deny,
24abrogate, impair, or waive any such common law or statutory
25right or remedy.
26    Any payments required to be made by the State pursuant to".