Full Text of SB1642 96th General Assembly
SB1642ham001 96TH GENERAL ASSEMBLY
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Personnel and Pensions Committee
Filed: 5/6/2010
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| AMENDMENT TO SENATE BILL 1642
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| AMENDMENT NO. ______. Amend Senate Bill 1642 by replacing | 3 |
| everything after the enacting clause with the following: | 4 |
| "Section 5. The Illinois Pension Code is amended by | 5 |
| changing Sections 6-210, 9-157, 9-169, and 12-190.3 as follows: | 6 |
| (40 ILCS 5/6-210) (from Ch. 108 1/2, par. 6-210) | 7 |
| Sec. 6-210. Credit allowed for service in police | 8 |
| department. Service rendered by a fireman, as a regularly | 9 |
| appointed and sworn
policeman of the city shall be included, | 10 |
| for the purposes of this
Article, as if such service were | 11 |
| rendered as a fireman of the city.
Salary received by a fireman | 12 |
| for any such service as a policeman shall
be considered, for | 13 |
| the purposes of this Article, as salary received as a
fireman. | 14 |
| Any annuity payable to a fireman under this Article shall be
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| reduced by any pension or annuity payable to him from any | 16 |
| policemen's other pension
fund or annuity and benefit fund in |
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| operation in the city , and any member entering service after | 2 |
| January 1, 2011 shall not be given service credit in this fund | 3 |
| for any period of time in which the member is in receipt of | 4 |
| retirement benefits from any annuity and benefit fund in | 5 |
| operation in the city . | 6 |
| Any policeman who becomes a fireman, subsequent to July 1, | 7 |
| 1935, may
contribute to the fund an amount equal to the sum | 8 |
| which would have
accumulated to his credit from deductions from | 9 |
| salary
for annuity
purposes if he had been contributing to the | 10 |
| fund such sums as he
contributed for annuity purposes to the | 11 |
| policemen's annuity and benefit
fund, and no credit for periods | 12 |
| of service rendered by him in the police
department shall be | 13 |
| allowed, under this Article, except as to such
periods for | 14 |
| which he made contributions to the policemen's annuity and
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| benefit fund, provided he has made the payments required by | 16 |
| this
Article. | 17 |
| (Source: P.A. 81-1536.) | 18 |
| (40 ILCS 5/9-157) (from Ch. 108 1/2, par. 9-157) | 19 |
| Sec. 9-157. Ordinary disability benefit. An employee while | 20 |
| under age 65
and prior to January 1, 1979, or while under age | 21 |
| 70 and after January 1,
1979, but prior to January 1, 1987, and | 22 |
| regardless of age on or after
January 1, 1987, who becomes | 23 |
| disabled after becoming a contributor to the
fund as the result | 24 |
| of any cause other than injury incurred in the
performance of | 25 |
| an act of duty is entitled to ordinary disability benefit
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| during such disability, after the first 30 days thereof. | 2 |
| No employee who becomes disabled and whose disability | 3 |
| commences
during any period of absence from duty without pay | 4 |
| other than on paid vacation may
receive ordinary disability | 5 |
| benefit until he recovers from such
disability and performs the | 6 |
| duties of his position in the service for at
least 15 | 7 |
| consecutive days, Sundays and holidays excepted, after his
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| recovery from such disability. | 9 |
| The benefit shall not be allowed unless application | 10 |
| therefor is made
while the disability exists, nor for any | 11 |
| period of disability before 30
days before the application for | 12 |
| such benefit is made. The foregoing
limitations do not apply if | 13 |
| the board finds from satisfactory evidence
presented to it that | 14 |
| there was reasonable cause for delay in filing such
application | 15 |
| within such periods of time. | 16 |
| The first payment shall be made not later than one month | 17 |
| after the
benefit is granted and each subsequent payment shall | 18 |
| be made not later
than one month after the last preceding | 19 |
| payment. | 20 |
| The disability benefit prescribed herein shall cease when | 21 |
| the first of
the following dates shall occur and the employee, | 22 |
| if still disabled, shall
thereafter be entitled to such annuity | 23 |
| as is otherwise provided in this
Article: | 24 |
| (a) the date disability ceases. | 25 |
| (b) the date the disabled employee attains age 65 for | 26 |
| disability
commencing prior to January 1, 1979. |
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| (c) the date the disabled employee attains 65 for | 2 |
| disability commencing
prior to attainment of age 60 in the | 3 |
| service and after January 1, 1979. | 4 |
| (d) the date the disabled employee attains the age of 70 | 5 |
| for disability
commencing after attainment of age 60 in the | 6 |
| service and after January 1, 1979. | 7 |
| (e) the date the payments of the benefit shall exceed in | 8 |
| the aggregate,
throughout the employee's service, a period | 9 |
| equal to 1/4 of the total service
rendered prior to the date of | 10 |
| disability but in no event more than 5 years.
In computing such | 11 |
| total service any period during which the employee
received | 12 |
| ordinary disability benefit and any period of absence from duty
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| other than paid vacation shall be excluded. | 14 |
| Any employee whose duty disability benefit was terminated | 15 |
| on or after
January 1, 1979 by reason of his attainment of age | 16 |
| 65 and who continues to
be disabled after age 65 may elect | 17 |
| before July 1, 1986 to have such
benefits resumed beginning at | 18 |
| the time of such termination and continuing
until termination | 19 |
| is required under this Section as amended by this
amendatory | 20 |
| Act of 1985. The amount payable to any employee for such
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| resumed benefit for any period shall be reduced by the amount | 22 |
| of any
retirement annuity paid to such employee under this | 23 |
| Article for the same
period of time or by any refund paid in | 24 |
| lieu of annuity. | 25 |
| Any employee whose disability benefit was terminated on or | 26 |
| after
January 1, 1987 by reason of his attainment of age 70, |
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| and who continues to
be disabled after age 70, may elect before | 2 |
| March 31, 1988, to have such
benefits resumed beginning at the | 3 |
| time of such termination and continuing
until termination is | 4 |
| required under this Section as amended by this
amendatory Act | 5 |
| of 1987. The amount payable to any employee for such
resumed | 6 |
| benefit for any period shall be reduced by the amount of any
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| retirement annuity paid to such employee under this Article for | 8 |
| the same
period of time or by any refund paid in lieu of | 9 |
| annuity. | 10 |
| Ordinary disability benefit shall be 50% of the employee's | 11 |
| salary at
the date of disability. Instead of all amounts | 12 |
| ordinarily contributed by
an employee and by the county for age | 13 |
| and service
annuity and widow's annuity based on the salary at | 14 |
| date of disability,
the county shall contribute sums equal to | 15 |
| such amounts for any period
during which the employee receives | 16 |
| ordinary disability and such is
deemed for annuity and refund | 17 |
| purposes as amounts contributed by him. The
county shall also | 18 |
| contribute 1/2 of 1% salary deductions required
as a | 19 |
| contribution from the employee under Section 9-133. | 20 |
| An employee who has withdrawn from service or was laid off | 21 |
| for any
reason, who is absent from service thereafter for 60 | 22 |
| days or more who
re-enters the service subsequent to such | 23 |
| absence is not entitled to
ordinary disability benefit unless | 24 |
| he renders at least 6 months of
service subsequent to the date | 25 |
| of such last re-entry. | 26 |
| (Source: P.A. 85-964.) |
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| (40 ILCS 5/9-169) (from Ch. 108 1/2, par. 9-169) | 2 |
| Sec. 9-169. Financing - Tax levy. | 3 |
| (a) The county board shall levy a
tax annually upon all | 4 |
| taxable property in the county at the rate that
will produce a | 5 |
| sum which, when added to the amounts deducted from the salaries
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| of the employees or otherwise contributed by them is sufficient
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| for the requirements of this Article. | 8 |
| For the years before 1962 the tax rate shall be as provided | 9 |
| in "The
1925 Act". For the years 1962 and 1963 the tax rate | 10 |
| shall be not more
than .0200 per cent; for the years 1964 and | 11 |
| 1965 the tax rate shall be
not more than .0202 per cent; for | 12 |
| the years 1966 and 1967 the tax rate
shall be not more than | 13 |
| .0207 per cent; for the year 1968 the tax rate
shall be not | 14 |
| more than .0220 per cent; for the year 1969 the tax rate
shall | 15 |
| be not more than .0233 per cent; for the year 1970 the tax rate
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| shall be not more than .0255 per cent; for the year 1971 the | 17 |
| tax rate
shall be not more than .0268 per cent of the value, as | 18 |
| equalized or
assessed by the Department of Revenue upon all | 19 |
| taxable
property in the county. Beginning with the year 1972 | 20 |
| and for each year
thereafter the county shall levy a tax | 21 |
| annually at a rate on the dollar
of the value, as equalized or | 22 |
| assessed by the Department of Revenue
of all taxable property | 23 |
| within the county that will
produce, when extended, not to | 24 |
| exceed an amount equal to the total
amount of contributions | 25 |
| made by the employees to the
fund in the calendar year 2 years |
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| prior to the year for which the annual
applicable tax is levied | 2 |
| multiplied by .8 for the years 1972 through
1976; by .8 for the | 3 |
| year 1977; by .87 for the year 1978; by .94 for the
year 1979; | 4 |
| by 1.02 for the year 1980 and by 1.10 for the year 1981 and
by | 5 |
| 1.18 for the year 1982 and by 1.36 for the year 1983 and by 1.54 | 6 |
| for
the year 1984 and for each year thereafter. | 7 |
| This tax shall be levied and collected in like manner with | 8 |
| the
general taxes of the county, and shall be in addition to | 9 |
| all other taxes
which the county is authorized to levy upon the | 10 |
| aggregate valuation of
all taxable property within the county | 11 |
| and shall be exclusive of and in
addition to the amount of tax | 12 |
| the county is authorized to levy for
general purposes under any | 13 |
| laws which may limit the amount of tax which
the county may | 14 |
| levy for general purposes. The county clerk, in reducing
tax | 15 |
| levies under any Act concerning the levy and extension of | 16 |
| taxes,
shall not consider this tax as a part of the general tax | 17 |
| levy for county
purposes, and shall not include it within any | 18 |
| limitation of the per cent
of the assessed valuation upon which | 19 |
| taxes are required to be extended
for the county. It is lawful | 20 |
| to extend this tax in addition to the
general county rate fixed | 21 |
| by statute, without being authorized as
additional by a vote of | 22 |
| the people of the county. | 23 |
| Revenues derived from this tax shall be paid to the | 24 |
| treasurer of the
county and held by him for the benefit of the | 25 |
| fund. | 26 |
| If the payments on account of taxes are insufficient during |
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| any year
to meet the requirements of this Article, the county | 2 |
| may issue tax
anticipation warrants against the current tax | 3 |
| levy. | 4 |
| (b) By January 10, annually, the board shall notify the | 5 |
| county board
of the requirement of this Article that this tax | 6 |
| shall be levied. The
board shall make an annual determination
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| of the required county contributions, and shall certify the | 8 |
| results
thereof to the county board. | 9 |
| (c) The various sums to be contributed by the county board | 10 |
| and
allocated for the purposes of this Article and any interest | 11 |
| to be
contributed by the county shall be taken from the revenue | 12 |
| derived from
this tax or as otherwise provided in this Section | 13 |
| and no money of the county derived from any source other than
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| the levy and collection of this tax or the sale of tax | 15 |
| anticipation
warrants, except state or federal funds | 16 |
| contributed for annuity and
benefit purposes for employees of a | 17 |
| county department of public aid
under "The Illinois Public Aid | 18 |
| Code", approved April 11, 1967, as now or
hereafter amended, | 19 |
| may be used to provide revenue for the fund . | 20 |
| If it is not possible or practicable for the county to make
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| contributions for age and service annuity and widow's annuity
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| concurrently with the employee contributions made for such | 23 |
| purposes,
such county shall make such contributions as soon as | 24 |
| possible and
practicable thereafter with interest thereon at | 25 |
| the effective rate until
the time it shall be made. | 26 |
| (d) With respect to employees whose wages are funded as |
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| participants
under the Comprehensive Employment and Training | 2 |
| Act of 1973, as amended
(P.L. 93-203, 87 Stat. 839, P.L. | 3 |
| 93-567, 88 Stat. 1845), hereinafter
referred to as CETA, | 4 |
| subsequent to October 1, 1978, and in instances
where the board | 5 |
| has elected to establish a manpower program reserve, the
board | 6 |
| shall compute the amounts necessary to be credited to the | 7 |
| manpower
program reserves established and maintained as herein | 8 |
| provided, and
shall make a periodic determination of the amount | 9 |
| of required
contributions from the County to the reserve to be | 10 |
| reimbursed by the
federal government in accordance with rules | 11 |
| and regulations established
by the Secretary of the United | 12 |
| States Department of Labor or his
designee, and certify the | 13 |
| results thereof to the County Board. Any such
amounts shall | 14 |
| become a credit to the County and will be used to reduce
the | 15 |
| amount which the County would otherwise contribute during | 16 |
| succeeding
years for all employees. | 17 |
| (e) In lieu of establishing a manpower program reserve with | 18 |
| respect
to employees whose wages are funded as participants | 19 |
| under the
Comprehensive Employment and Training Act of 1973, as | 20 |
| authorized by
subsection (d), the board may elect to establish | 21 |
| a special County
contribution rate for all such employees. If | 22 |
| this option is elected, the
County shall contribute to the Fund | 23 |
| from federal funds provided under
the Comprehensive Employment | 24 |
| and Training Act program at the special
rate so established and | 25 |
| such contributions shall become a credit to the
County and be | 26 |
| used to reduce the amount which the County would otherwise
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| contribute during succeeding years for all employees. | 2 |
| (f) In lieu of levying all or a portion of the tax required | 3 |
| under this Section in any year, the county may deposit with the | 4 |
| county treasurer no later than March 1 of that year for the | 5 |
| benefit of the fund, to be held in accordance with this | 6 |
| Article, an amount that, together with the taxes levied under | 7 |
| this Section for that year, is not less than the amount of the | 8 |
| county contributions for that year as certified by the board to | 9 |
| the county board. The deposit may be derived from any source | 10 |
| legally available for that purpose, including, but not limited | 11 |
| to, the proceeds of county borrowings. The making of a deposit | 12 |
| shall satisfy fully the requirements of this Section for that | 13 |
| year to the extent of the amounts so deposited. Amounts | 14 |
| deposited under this subsection (f) may be used by the fund for | 15 |
| any of the purposes for which the proceeds of the tax levied | 16 |
| under this Section may be used, including the payment of any | 17 |
| amount that is otherwise required by this Article to be paid | 18 |
| from the proceeds of that tax. | 19 |
| (Source: P.A. 95-369, eff. 8-23-07.)
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| (40 ILCS 5/12-190.3) (from Ch. 108 1/2, par. 12-190.3)
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| Sec. 12-190.3. Fraud. Any person who knowingly makes any | 22 |
| false
statement or falsifies or permits to be falsified any | 23 |
| record of this Fund
in any attempt to defraud the Fund is | 24 |
| guilty of a Class A misdemeanor.
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| None of the benefits provided for in this Article shall be |
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| paid to any person who is convicted of any misdemeanor or | 2 |
| felony relating to or arising out of or in connection with any | 3 |
| attempt to defraud the Fund. | 4 |
| This Section shall not operate to impair any contract or | 5 |
| vested right previously acquired under any law or laws | 6 |
| continued in this Article, nor to preclude the right to a | 7 |
| refund. | 8 |
| (Source: P.A. 86-1488.)
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| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.".
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