97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0228

 

Introduced 01/21/11, by Rep. Jack D. Franks

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/14-103.05  from Ch. 108 1/2, par. 14-103.05
605 ILCS 10/4  from Ch. 121, par. 100-4
605 ILCS 10/5  from Ch. 121, par. 100-5

    Amends the State Employees Article of the Illinois Pension Code. Provides that the term "employee" does not include any person who becomes a director of the Illinois State Toll Highway Authority on or after the effective date of the amendatory Act. Amends the Toll Highway Act. Provides that, beginning on the effective date of the amendatory Act, the chairman and other directors of the Illinois State Toll Highway Authority shall receive no annual salary or other compensation for their service in office, except that they shall be reimbursed for actual expenses incurred in the performance of their duties. Provides that no service or contribution shall be credited in any retirement system or pension fund, under the Illinois Pension Code or otherwise, to the chairman and the directors for service in that office beginning on or after the effective date of the amendatory Act, and no public funds shall be appropriated, expended, or otherwise obligated for such a retirement system or pension fund credit. Prohibits the chairman and directors from receiving financial benefit or perquisite for service in that office, including without limitation participation in a program of life or health insurance. Effective immediately.


LRB097 06168 JDS 46242 b

FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0228LRB097 06168 JDS 46242 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by changing
5Section 14-103.05 as follows:
 
6    (40 ILCS 5/14-103.05)  (from Ch. 108 1/2, par. 14-103.05)
7    Sec. 14-103.05. Employee.
8    (a) Any person employed by a Department who receives salary
9for personal services rendered to the Department on a warrant
10issued pursuant to a payroll voucher certified by a Department
11and drawn by the State Comptroller upon the State Treasurer,
12including an elected official described in subparagraph (d) of
13Section 14-104, shall become an employee for purpose of
14membership in the Retirement System on the first day of such
15employment.
16    A person entering service on or after January 1, 1972 and
17prior to January 1, 1984 shall become a member as a condition
18of employment and shall begin making contributions as of the
19first day of employment.
20    A person entering service on or after January 1, 1984
21shall, upon completion of 6 months of continuous service which
22is not interrupted by a break of more than 2 months, become a
23member as a condition of employment. Contributions shall begin

 

 

HB0228- 2 -LRB097 06168 JDS 46242 b

1the first of the month after completion of the qualifying
2period.
3    A person employed by the Chicago Metropolitan Agency for
4Planning on the effective date of this amendatory Act of the
595th General Assembly who was a member of this System as an
6employee of the Chicago Area Transportation Study and makes an
7election under Section 14-104.13 to participate in this System
8for his or her employment with the Chicago Metropolitan Agency
9for Planning.
10    The qualifying period of 6 months of service is not
11applicable to: (1) a person who has been granted credit for
12service in a position covered by the State Universities
13Retirement System, the Teachers' Retirement System of the State
14of Illinois, the General Assembly Retirement System, or the
15Judges Retirement System of Illinois unless that service has
16been forfeited under the laws of those systems; (2) a person
17entering service on or after July 1, 1991 in a noncovered
18position; (3) a person to whom Section 14-108.2a or 14-108.2b
19applies; or (4) a person to whom subsection (a-5) of this
20Section applies.
21    (a-5) A person entering service on or after December 1,
222010 shall become a member as a condition of employment and
23shall begin making contributions as of the first day of
24employment. A person serving in the qualifying period on
25December 1, 2010 will become a member on December 1, 2010 and
26shall begin making contributions as of December 1, 2010.

 

 

HB0228- 3 -LRB097 06168 JDS 46242 b

1    (b) The term "employee" does not include the following:
2        (1) members of the State Legislature, and persons
3    electing to become members of the General Assembly
4    Retirement System pursuant to Section 2-105;
5        (2) incumbents of offices normally filled by vote of
6    the people;
7        (3) except as otherwise provided in this Section, any
8    person appointed by the Governor with the advice and
9    consent of the Senate unless that person elects to
10    participate in this system;
11        (3.1) any person serving as a commissioner of an ethics
12    commission created under the State Officials and Employees
13    Ethics Act unless that person elects to participate in this
14    system with respect to that service as a commissioner;
15        (3.2) any person serving as a part-time employee in any
16    of the following positions: Legislative Inspector General,
17    Special Legislative Inspector General, employee of the
18    Office of the Legislative Inspector General, Executive
19    Director of the Legislative Ethics Commission, or staff of
20    the Legislative Ethics Commission, regardless of whether
21    he or she is in active service on or after July 8, 2004
22    (the effective date of Public Act 93-685), unless that
23    person elects to participate in this System with respect to
24    that service; in this item (3.2), a "part-time employee" is
25    a person who is not required to work at least 35 hours per
26    week;

 

 

HB0228- 4 -LRB097 06168 JDS 46242 b

1        (3.3) any person who has made an election under Section
2    1-123 and who is serving either as legal counsel in the
3    Office of the Governor or as Chief Deputy Attorney General;
4        (4) except as provided in Section 14-108.2 or
5    14-108.2c, any person who is covered or eligible to be
6    covered by the Teachers' Retirement System of the State of
7    Illinois, the State Universities Retirement System, or the
8    Judges Retirement System of Illinois;
9        (5) an employee of a municipality or any other
10    political subdivision of the State;
11        (6) any person who becomes an employee after June 30,
12    1979 as a public service employment program participant
13    under the Federal Comprehensive Employment and Training
14    Act and whose wages or fringe benefits are paid in whole or
15    in part by funds provided under such Act;
16        (7) enrollees of the Illinois Young Adult Conservation
17    Corps program, administered by the Department of Natural
18    Resources, authorized grantee pursuant to Title VIII of the
19    "Comprehensive Employment and Training Act of 1973", 29 USC
20    993, as now or hereafter amended;
21        (8) enrollees and temporary staff of programs
22    administered by the Department of Natural Resources under
23    the Youth Conservation Corps Act of 1970;
24        (9) any person who is a member of any professional
25    licensing or disciplinary board created under an Act
26    administered by the Department of Professional Regulation

 

 

HB0228- 5 -LRB097 06168 JDS 46242 b

1    or a successor agency or created or re-created after the
2    effective date of this amendatory Act of 1997, and who
3    receives per diem compensation rather than a salary,
4    notwithstanding that such per diem compensation is paid by
5    warrant issued pursuant to a payroll voucher; such persons
6    have never been included in the membership of this System,
7    and this amendatory Act of 1987 (P.A. 84-1472) is not
8    intended to effect any change in the status of such
9    persons;
10        (10) any person who is a member of the Illinois Health
11    Care Cost Containment Council, and receives per diem
12    compensation rather than a salary, notwithstanding that
13    such per diem compensation is paid by warrant issued
14    pursuant to a payroll voucher; such persons have never been
15    included in the membership of this System, and this
16    amendatory Act of 1987 is not intended to effect any change
17    in the status of such persons;
18        (11) any person who is a member of the Oil and Gas
19    Board created by Section 1.2 of the Illinois Oil and Gas
20    Act, and receives per diem compensation rather than a
21    salary, notwithstanding that such per diem compensation is
22    paid by warrant issued pursuant to a payroll voucher; or
23        (12) a person employed by the State Board of Higher
24    Education in a position with the Illinois Century Network
25    as of June 30, 2004, who remains continuously employed
26    after that date by the Department of Central Management

 

 

HB0228- 6 -LRB097 06168 JDS 46242 b

1    Services in a position with the Illinois Century Network
2    and participates in the Article 15 system with respect to
3    that employment; or .
4        (13) any person who becomes a director of the Illinois
5    State Toll Highway Authority on or after the effective date
6    of this amendatory Act of the 97th General Assembly.
7    (c) An individual who represents or is employed as an
8officer or employee of a statewide labor organization that
9represents members of this System may participate in the System
10and shall be deemed an employee, provided that (1) the
11individual has previously earned creditable service under this
12Article, (2) the individual files with the System an
13irrevocable election to become a participant within 6 months
14after the effective date of this amendatory Act of the 94th
15General Assembly, and (3) the individual does not receive
16credit for that employment under any other provisions of this
17Code. An employee under this subsection (c) is responsible for
18paying to the System both (i) employee contributions based on
19the actual compensation received for service with the labor
20organization and (ii) employer contributions based on the
21percentage of payroll certified by the board; all or any part
22of these contributions may be paid on the employee's behalf or
23picked up for tax purposes (if authorized under federal law) by
24the labor organization.
25    A person who is an employee as defined in this subsection
26(c) may establish service credit for similar employment prior

 

 

HB0228- 7 -LRB097 06168 JDS 46242 b

1to becoming an employee under this subsection by paying to the
2System for that employment the contributions specified in this
3subsection, plus interest at the effective rate from the date
4of service to the date of payment. However, credit shall not be
5granted under this subsection (c) for any such prior employment
6for which the applicant received credit under any other
7provision of this Code or during which the applicant was on a
8leave of absence.
9(Source: P.A. 95-677, eff. 10-11-07; 96-1490, eff. 1-1-11.)
 
10    Section 10. The Toll Highway Act is amended by changing
11Sections 4 and 5 as follows:
 
12    (605 ILCS 10/4)  (from Ch. 121, par. 100-4)
13    Sec. 4. Of the directors appointed by the Governor, one
14such director shall be appointed by the Governor as chairman
15and shall hold office for 4 years from the date of his
16appointment, and until his successor shall be duly appointed
17and qualified, but shall be subject to removal by the Governor
18for incompetency, neglect of duty or malfeasance.
19    The chairman shall preside at all meetings of the Board of
20Directors of the Authority; shall exercise general supervision
21over all powers, duties, obligations and functions of the
22Authority; and shall approve or disapprove all resolutions,
23by-laws, rules, rates and regulations made and established by
24the Board of Directors, and if he shall approve thereof, he

 

 

HB0228- 8 -LRB097 06168 JDS 46242 b

1shall sign the same, and such as he shall not approve he shall
2return to the Board of Directors with his objections thereto in
3writing at the next regular meeting of the Board of Directors
4occurring after the passage thereof. Such veto may extend to
5any one or more items contained in such resolution, by-law,
6rule, rate or regulation, or to its entirety; and in case the
7veto extends to a part of such resolution, by-law, rule, rate
8or regulation, the residue thereof shall take effect and be in
9force, but in case the chairman shall fail to return any
10resolution, by-law, rule, rate or regulation with his
11objections thereto by the time aforesaid, he shall be deemed to
12have approved the same, and the same shall take effect
13accordingly. Upon the return of any resolution, by-law, rule,
14rate or regulation by the chairman, the vote by which the same
15was passed shall be reconsidered by the Board of Directors, and
16if upon such reconsideration two-thirds of all the Directors
17agree by yeas and nays to pass the same, it shall go into
18effect notwithstanding the chairman's refusal to approve
19thereof.
20    Until the effective date of this amendatory Act of the 97th
21General Assembly, the The chairman shall receive a salary of
22$18,000 per annum, or as set by the Compensation Review Board,
23whichever is greater, payable in monthly installments,
24together with reimbursement for necessary expenses incurred in
25the performance of his duties. Beginning on the effective date
26of this amendatory Act of the 97th General Assembly, the

 

 

HB0228- 9 -LRB097 06168 JDS 46242 b

1chairman of the Illinois State Toll Highway Authority shall
2receive no annual salary or other compensation for his or her
3service in office, except that the chairman shall be reimbursed
4for actual expenses incurred in the performance of his or her
5duties.
6    No service or contribution shall be credited in any
7retirement system or pension fund, under the Illinois Pension
8Code or otherwise, to the chairman for service in that office
9beginning on or after the effective date of this amendatory Act
10of the 97th General Assembly, and no public funds shall be
11appropriated, expended, or otherwise obligated for such a
12retirement system or pension fund credit. Except as otherwise
13provided in this Act, beginning on the effective date of this
14amendatory Act of the 97th General Assembly, the chairman shall
15receive no financial benefit or perquisite for his or her
16service in that office, including without limitation
17participation in a program of life or health insurance.
18    The chairman shall be eligible for reappointment.
19(Source: P.A. 83-1177.)
 
20    (605 ILCS 10/5)  (from Ch. 121, par. 100-5)
21    Sec. 5. Of the original directors, other than the chairman,
22so appointed by the Governor, 3 shall hold office for 2 years
23and 3 shall hold office for 4 years, from the date of their
24appointment and until their respective successors shall be duly
25appointed and qualified, but shall be subject to removal by the

 

 

HB0228- 10 -LRB097 06168 JDS 46242 b

1Governor for incompetency, neglect of duty or malfeasance. In
2case of vacancies in such offices during the recess of the
3Senate, the Governor shall make a temporary appointment until
4the next meeting of the Senate when he shall nominate some
5person to fill such office and any person so nominated, who is
6confirmed by the Senate, shall hold office during the remainder
7of the term and until his successor shall be appointed and
8qualified. The respective term of the first directors appointed
9shall be designated by the Governor at the time of appointment,
10but their successors shall each be appointed for a term of four
11years, except that any person appointed to fill a vacancy shall
12serve only for the unexpired term. Directors shall be eligible
13for reappointment.
14    In making the initial appointments of the 2 additional
15directors provided for by this amendatory Act of 1980, the
16respective terms of the 2 additional directors first appointed
17shall be designated by the Governor at the time of appointment
18in such manner that the term of one such additional director
19shall expire at the same time as the terms of 4 of the other
20directors and the term of the other additional director shall
21expire at the same time as the terms of 3 of the other
22directors; thereafter the terms shall be 4 years.
23    Until the effective date of this amendatory Act of the 97th
24General Assembly, each Each such director, other than ex
25officio members shall receive an annual salary of $15,000, or
26as set by the Compensation Review Board, whichever is greater,

 

 

HB0228- 11 -LRB097 06168 JDS 46242 b

1payable in monthly installments, and shall be reimbursed for
2necessary expenses incurred in the performance of his duties.
3Beginning on the effective date of this amendatory Act of the
497th General Assembly, directors of the Illinois State Toll
5Highway Authority shall receive no annual salary or other
6compensation for their service in office, except that each
7director shall be reimbursed for actual expenses incurred in
8the performance of his or her duties.
9    No service or contribution shall be credited in any
10retirement system or pension fund, under the Illinois Pension
11Code or otherwise, to a director for service in that office
12beginning on or after the effective date of this amendatory Act
13of the 97th General Assembly, and no public funds shall be
14appropriated, expended, or otherwise obligated for such a
15retirement system or pension fund credit. Except as otherwise
16provided in this Act, beginning on the effective date of this
17amendatory Act of the 97th General Assembly, a Director shall
18receive no financial benefit or perquisite for his or her
19service in such office, including without limitation
20participation in a program of life or health insurance.
21(Source: P.A. 86-1164.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.