Full Text of HB0529 097th General Assembly
HB0529 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB0529 Introduced 01/31/11, by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED: |
| 40 ILCS 5/16-158 | from Ch. 108 1/2, par. 16-158 |
| Amends the Downstate Teacher Article of the Illinois Pension Code. Makes a technical change in a Section concerning contributions by the State and other employing units.
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| | | PENSION IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning public employee benefits.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Pension Code is amended by changing | 5 | | Section 16-158 as follows:
| 6 | | (40 ILCS 5/16-158)
(from Ch. 108 1/2, par. 16-158)
| 7 | | Sec. 16-158. Contributions by State and other employing | 8 | | units.
| 9 | | (a) The
The State shall make contributions to the System by | 10 | | means of
appropriations from the Common School Fund and other | 11 | | State funds of amounts
which, together with other employer | 12 | | contributions, employee contributions,
investment income, and | 13 | | other income, will be sufficient to meet the cost of
| 14 | | maintaining and administering the System on a 90% funded basis | 15 | | in accordance
with actuarial recommendations. | 16 | | The Board shall determine the amount of State contributions | 17 | | required for
each fiscal year on the basis of the actuarial | 18 | | tables and other assumptions
adopted by the Board and the | 19 | | recommendations of the actuary, using the formula
in subsection | 20 | | (b-3).
| 21 | | (a-1) Annually, on or before November 15, the Board shall | 22 | | certify to the
Governor the amount of the required State | 23 | | contribution for the coming fiscal
year. The certification |
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| 1 | | shall include a copy of the actuarial recommendations
upon | 2 | | which it is based.
| 3 | | On or before May 1, 2004, the Board shall recalculate and | 4 | | recertify to
the Governor the amount of the required State | 5 | | contribution to the System for
State fiscal year 2005, taking | 6 | | into account the amounts appropriated to and
received by the | 7 | | System under subsection (d) of Section 7.2 of the General
| 8 | | Obligation Bond Act.
| 9 | | On or before July 1, 2005, the Board shall recalculate and | 10 | | recertify
to the Governor the amount of the required State
| 11 | | contribution to the System for State fiscal year 2006, taking | 12 | | into account the changes in required State contributions made | 13 | | by this amendatory Act of the 94th General Assembly.
| 14 | | (b) Through State fiscal year 1995, the State contributions | 15 | | shall be
paid to the System in accordance with Section 18-7 of | 16 | | the School Code.
| 17 | | (b-1) Beginning in State fiscal year 1996, on the 15th day | 18 | | of each month,
or as soon thereafter as may be practicable, the | 19 | | Board shall submit vouchers
for payment of State contributions | 20 | | to the System, in a total monthly amount of
one-twelfth of the | 21 | | required annual State contribution certified under
subsection | 22 | | (a-1).
From the
effective date of this amendatory Act of the | 23 | | 93rd General Assembly
through June 30, 2004, the Board shall | 24 | | not submit vouchers for the
remainder of fiscal year 2004 in | 25 | | excess of the fiscal year 2004
certified contribution amount | 26 | | determined under this Section
after taking into consideration |
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| 1 | | the transfer to the System
under subsection (a) of Section | 2 | | 6z-61 of the State Finance Act.
These vouchers shall be paid by | 3 | | the State Comptroller and
Treasurer by warrants drawn on the | 4 | | funds appropriated to the System for that
fiscal year.
| 5 | | If in any month the amount remaining unexpended from all | 6 | | other appropriations
to the System for the applicable fiscal | 7 | | year (including the appropriations to
the System under Section | 8 | | 8.12 of the State Finance Act and Section 1 of the
State | 9 | | Pension Funds Continuing Appropriation Act) is less than the | 10 | | amount
lawfully vouchered under this subsection, the | 11 | | difference shall be paid from the
Common School Fund under the | 12 | | continuing appropriation authority provided in
Section 1.1 of | 13 | | the State Pension Funds Continuing Appropriation Act.
| 14 | | (b-2) Allocations from the Common School Fund apportioned | 15 | | to school
districts not coming under this System shall not be | 16 | | diminished or affected by
the provisions of this Article.
| 17 | | (b-3) For State fiscal years 2011 through 2045, the minimum | 18 | | contribution
to the System to be made by the State for each | 19 | | fiscal year shall be an amount
determined by the System to be | 20 | | sufficient to bring the total assets of the
System up to 90% of | 21 | | the total actuarial liabilities of the System by the end of
| 22 | | State fiscal year 2045. In making these determinations, the | 23 | | required State
contribution shall be calculated each year as a | 24 | | level percentage of payroll
over the years remaining to and | 25 | | including fiscal year 2045 and shall be
determined under the | 26 | | projected unit credit actuarial cost method.
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| 1 | | For State fiscal years 1996 through 2005, the State | 2 | | contribution to the
System, as a percentage of the applicable | 3 | | employee payroll, shall be increased
in equal annual increments | 4 | | so that by State fiscal year 2011, the State is
contributing at | 5 | | the rate required under this Section; except that in the
| 6 | | following specified State fiscal years, the State contribution | 7 | | to the System
shall not be less than the following indicated | 8 | | percentages of the applicable
employee payroll, even if the | 9 | | indicated percentage will produce a State
contribution in | 10 | | excess of the amount otherwise required under this subsection
| 11 | | and subsection (a), and notwithstanding any contrary | 12 | | certification made under
subsection (a-1) before the effective | 13 | | date of this amendatory Act of 1998:
10.02% in FY 1999;
10.77% | 14 | | in FY 2000;
11.47% in FY 2001;
12.16% in FY 2002;
12.86% in FY | 15 | | 2003; and
13.56% in FY 2004.
| 16 | | Notwithstanding any other provision of this Article, the | 17 | | total required State
contribution for State fiscal year 2006 is | 18 | | $534,627,700.
| 19 | | Notwithstanding any other provision of this Article, the | 20 | | total required State
contribution for State fiscal year 2007 is | 21 | | $738,014,500.
| 22 | | For each of State fiscal years 2008 through 2009, the State | 23 | | contribution to
the System, as a percentage of the applicable | 24 | | employee payroll, shall be
increased in equal annual increments | 25 | | from the required State contribution for State fiscal year | 26 | | 2007, so that by State fiscal year 2011, the
State is |
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| 1 | | contributing at the rate otherwise required under this Section.
| 2 | | Notwithstanding any other provision of this Article, the | 3 | | total required State contribution for State fiscal year 2010 is | 4 | | $2,089,268,000 and shall be made from the proceeds of bonds | 5 | | sold in fiscal year 2010 pursuant to Section 7.2 of the General | 6 | | Obligation Bond Act, less (i) the pro rata share of bond sale | 7 | | expenses determined by the System's share of total bond | 8 | | proceeds, (ii) any amounts received from the Common School Fund | 9 | | in fiscal year 2010, and (iii) any reduction in bond proceeds | 10 | | due to the issuance of discounted bonds, if applicable. | 11 | | Beginning in State fiscal year 2046, the minimum State | 12 | | contribution for
each fiscal year shall be the amount needed to | 13 | | maintain the total assets of
the System at 90% of the total | 14 | | actuarial liabilities of the System.
| 15 | | Amounts received by the System pursuant to Section 25 of | 16 | | the Budget Stabilization Act or Section 8.12 of the State | 17 | | Finance Act in any fiscal year do not reduce and do not | 18 | | constitute payment of any portion of the minimum State | 19 | | contribution required under this Article in that fiscal year. | 20 | | Such amounts shall not reduce, and shall not be included in the | 21 | | calculation of, the required State contributions under this | 22 | | Article in any future year until the System has reached a | 23 | | funding ratio of at least 90%. A reference in this Article to | 24 | | the "required State contribution" or any substantially similar | 25 | | term does not include or apply to any amounts payable to the | 26 | | System under Section 25 of the Budget Stabilization Act. |
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| 1 | | Notwithstanding any other provision of this Section, the | 2 | | required State
contribution for State fiscal year 2005 and for | 3 | | fiscal year 2008 and each fiscal year thereafter, as
calculated | 4 | | under this Section and
certified under subsection (a-1), shall | 5 | | not exceed an amount equal to (i) the
amount of the required | 6 | | State contribution that would have been calculated under
this | 7 | | Section for that fiscal year if the System had not received any | 8 | | payments
under subsection (d) of Section 7.2 of the General | 9 | | Obligation Bond Act, minus
(ii) the portion of the State's | 10 | | total debt service payments for that fiscal
year on the bonds | 11 | | issued for the purposes of that Section 7.2, as determined
and | 12 | | certified by the Comptroller, that is the same as the System's | 13 | | portion of
the total moneys distributed under subsection (d) of | 14 | | Section 7.2 of the General
Obligation Bond Act. In determining | 15 | | this maximum for State fiscal years 2008 through 2010, however, | 16 | | the amount referred to in item (i) shall be increased, as a | 17 | | percentage of the applicable employee payroll, in equal | 18 | | increments calculated from the sum of the required State | 19 | | contribution for State fiscal year 2007 plus the applicable | 20 | | portion of the State's total debt service payments for fiscal | 21 | | year 2007 on the bonds issued for the purposes of Section 7.2 | 22 | | of the General
Obligation Bond Act, so that, by State fiscal | 23 | | year 2011, the
State is contributing at the rate otherwise | 24 | | required under this Section.
| 25 | | (c) Payment of the required State contributions and of all | 26 | | pensions,
retirement annuities, death benefits, refunds, and |
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| 1 | | other benefits granted
under or assumed by this System, and all | 2 | | expenses in connection with the
administration and operation | 3 | | thereof, are obligations of the State.
| 4 | | If members are paid from special trust or federal funds | 5 | | which are
administered by the employing unit, whether school | 6 | | district or other
unit, the employing unit shall pay to the | 7 | | System from such
funds the full accruing retirement costs based | 8 | | upon that
service, as determined by the System. Employer | 9 | | contributions, based on
salary paid to members from federal | 10 | | funds, may be forwarded by the distributing
agency of the State | 11 | | of Illinois to the System prior to allocation, in an
amount | 12 | | determined in accordance with guidelines established by such
| 13 | | agency and the System.
| 14 | | (d) Effective July 1, 1986, any employer of a teacher as | 15 | | defined in
paragraph (8) of Section 16-106 shall pay the | 16 | | employer's normal cost
of benefits based upon the teacher's | 17 | | service, in addition to
employee contributions, as determined | 18 | | by the System. Such employer
contributions shall be forwarded | 19 | | monthly in accordance with guidelines
established by the | 20 | | System.
| 21 | | However, with respect to benefits granted under Section | 22 | | 16-133.4 or
16-133.5 to a teacher as defined in paragraph (8) | 23 | | of Section 16-106, the
employer's contribution shall be 12% | 24 | | (rather than 20%) of the member's
highest annual salary rate | 25 | | for each year of creditable service granted, and
the employer | 26 | | shall also pay the required employee contribution on behalf of
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| 1 | | the teacher. For the purposes of Sections 16-133.4 and | 2 | | 16-133.5, a teacher
as defined in paragraph (8) of Section | 3 | | 16-106 who is serving in that capacity
while on leave of | 4 | | absence from another employer under this Article shall not
be | 5 | | considered an employee of the employer from which the teacher | 6 | | is on leave.
| 7 | | (e) Beginning July 1, 1998, every employer of a teacher
| 8 | | shall pay to the System an employer contribution computed as | 9 | | follows:
| 10 | | (1) Beginning July 1, 1998 through June 30, 1999, the | 11 | | employer
contribution shall be equal to 0.3% of each | 12 | | teacher's salary.
| 13 | | (2) Beginning July 1, 1999 and thereafter, the employer
| 14 | | contribution shall be equal to 0.58% of each teacher's | 15 | | salary.
| 16 | | The school district or other employing unit may pay these | 17 | | employer
contributions out of any source of funding available | 18 | | for that purpose and
shall forward the contributions to the | 19 | | System on the schedule established
for the payment of member | 20 | | contributions.
| 21 | | These employer contributions are intended to offset a | 22 | | portion of the cost
to the System of the increases in | 23 | | retirement benefits resulting from this
amendatory Act of 1998.
| 24 | | Each employer of teachers is entitled to a credit against | 25 | | the contributions
required under this subsection (e) with | 26 | | respect to salaries paid to teachers
for the period January 1, |
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| 1 | | 2002 through June 30, 2003, equal to the amount paid
by that | 2 | | employer under subsection (a-5) of Section 6.6 of the State | 3 | | Employees
Group Insurance Act of 1971 with respect to salaries | 4 | | paid to teachers for that
period.
| 5 | | The additional 1% employee contribution required under | 6 | | Section 16-152 by
this amendatory Act of 1998 is the | 7 | | responsibility of the teacher and not the
teacher's employer, | 8 | | unless the employer agrees, through collective bargaining
or | 9 | | otherwise, to make the contribution on behalf of the teacher.
| 10 | | If an employer is required by a contract in effect on May | 11 | | 1, 1998 between the
employer and an employee organization to | 12 | | pay, on behalf of all its full-time
employees
covered by this | 13 | | Article, all mandatory employee contributions required under
| 14 | | this Article, then the employer shall be excused from paying | 15 | | the employer
contribution required under this subsection (e) | 16 | | for the balance of the term
of that contract. The employer and | 17 | | the employee organization shall jointly
certify to the System | 18 | | the existence of the contractual requirement, in such
form as | 19 | | the System may prescribe. This exclusion shall cease upon the
| 20 | | termination, extension, or renewal of the contract at any time | 21 | | after May 1,
1998.
| 22 | | (f) If the amount of a teacher's salary for any school year | 23 | | used to determine final average salary exceeds the member's | 24 | | annual full-time salary rate with the same employer for the | 25 | | previous school year by more than 6%, the teacher's employer | 26 | | shall pay to the System, in addition to all other payments |
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| 1 | | required under this Section and in accordance with guidelines | 2 | | established by the System, the present value of the increase in | 3 | | benefits resulting from the portion of the increase in salary | 4 | | that is in excess of 6%. This present value shall be computed | 5 | | by the System on the basis of the actuarial assumptions and | 6 | | tables used in the most recent actuarial valuation of the | 7 | | System that is available at the time of the computation. If a | 8 | | teacher's salary for the 2005-2006 school year is used to | 9 | | determine final average salary under this subsection (f), then | 10 | | the changes made to this subsection (f) by Public Act 94-1057 | 11 | | shall apply in calculating whether the increase in his or her | 12 | | salary is in excess of 6%. For the purposes of this Section, | 13 | | change in employment under Section 10-21.12 of the School Code | 14 | | on or after June 1, 2005 shall constitute a change in employer. | 15 | | The System may require the employer to provide any pertinent | 16 | | information or documentation.
The changes made to this | 17 | | subsection (f) by this amendatory Act of the 94th General | 18 | | Assembly apply without regard to whether the teacher was in | 19 | | service on or after its effective date.
| 20 | | Whenever it determines that a payment is or may be required | 21 | | under this subsection, the System shall calculate the amount of | 22 | | the payment and bill the employer for that amount. The bill | 23 | | shall specify the calculations used to determine the amount | 24 | | due. If the employer disputes the amount of the bill, it may, | 25 | | within 30 days after receipt of the bill, apply to the System | 26 | | in writing for a recalculation. The application must specify in |
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| 1 | | detail the grounds of the dispute and, if the employer asserts | 2 | | that the calculation is subject to subsection (g) or (h) of | 3 | | this Section, must include an affidavit setting forth and | 4 | | attesting to all facts within the employer's knowledge that are | 5 | | pertinent to the applicability of that subsection. Upon | 6 | | receiving a timely application for recalculation, the System | 7 | | shall review the application and, if appropriate, recalculate | 8 | | the amount due.
| 9 | | The employer contributions required under this subsection | 10 | | (f) may be paid in the form of a lump sum within 90 days after | 11 | | receipt of the bill. If the employer contributions are not paid | 12 | | within 90 days after receipt of the bill, then interest will be | 13 | | charged at a rate equal to the System's annual actuarially | 14 | | assumed rate of return on investment compounded annually from | 15 | | the 91st day after receipt of the bill. Payments must be | 16 | | concluded within 3 years after the employer's receipt of the | 17 | | bill.
| 18 | | (g) This subsection (g) applies only to payments made or | 19 | | salary increases given on or after June 1, 2005 but before July | 20 | | 1, 2011. The changes made by Public Act 94-1057 shall not | 21 | | require the System to refund any payments received before
July | 22 | | 31, 2006 (the effective date of Public Act 94-1057). | 23 | | When assessing payment for any amount due under subsection | 24 | | (f), the System shall exclude salary increases paid to teachers | 25 | | under contracts or collective bargaining agreements entered | 26 | | into, amended, or renewed before June 1, 2005.
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| 1 | | When assessing payment for any amount due under subsection | 2 | | (f), the System shall exclude salary increases paid to a | 3 | | teacher at a time when the teacher is 10 or more years from | 4 | | retirement eligibility under Section 16-132 or 16-133.2.
| 5 | | When assessing payment for any amount due under subsection | 6 | | (f), the System shall exclude salary increases resulting from | 7 | | overload work, including summer school, when the school | 8 | | district has certified to the System, and the System has | 9 | | approved the certification, that (i) the overload work is for | 10 | | the sole purpose of classroom instruction in excess of the | 11 | | standard number of classes for a full-time teacher in a school | 12 | | district during a school year and (ii) the salary increases are | 13 | | equal to or less than the rate of pay for classroom instruction | 14 | | computed on the teacher's current salary and work schedule.
| 15 | | When assessing payment for any amount due under subsection | 16 | | (f), the System shall exclude a salary increase resulting from | 17 | | a promotion (i) for which the employee is required to hold a | 18 | | certificate or supervisory endorsement issued by the State | 19 | | Teacher Certification Board that is a different certification | 20 | | or supervisory endorsement than is required for the teacher's | 21 | | previous position and (ii) to a position that has existed and | 22 | | been filled by a member for no less than one complete academic | 23 | | year and the salary increase from the promotion is an increase | 24 | | that results in an amount no greater than the lesser of the | 25 | | average salary paid for other similar positions in the district | 26 | | requiring the same certification or the amount stipulated in |
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| 1 | | the collective bargaining agreement for a similar position | 2 | | requiring the same certification.
| 3 | | When assessing payment for any amount due under subsection | 4 | | (f), the System shall exclude any payment to the teacher from | 5 | | the State of Illinois or the State Board of Education over | 6 | | which the employer does not have discretion, notwithstanding | 7 | | that the payment is included in the computation of final | 8 | | average salary.
| 9 | | (h) When assessing payment for any amount due under | 10 | | subsection (f), the System shall exclude any salary increase | 11 | | described in subsection (g) of this Section given on or after | 12 | | July 1, 2011 but before July 1, 2014 under a contract or | 13 | | collective bargaining agreement entered into, amended, or | 14 | | renewed on or after June 1, 2005 but before July 1, 2011. | 15 | | Notwithstanding any other provision of this Section, any | 16 | | payments made or salary increases given after June 30, 2014 | 17 | | shall be used in assessing payment for any amount due under | 18 | | subsection (f) of this Section.
| 19 | | (i) The System shall prepare a report and file copies of | 20 | | the report with the Governor and the General Assembly by | 21 | | January 1, 2007 that contains all of the following information: | 22 | | (1) The number of recalculations required by the | 23 | | changes made to this Section by Public Act 94-1057 for each | 24 | | employer. | 25 | | (2) The dollar amount by which each employer's | 26 | | contribution to the System was changed due to |
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| 1 | | recalculations required by Public Act 94-1057. | 2 | | (3) The total amount the System received from each | 3 | | employer as a result of the changes made to this Section by | 4 | | Public Act 94-4. | 5 | | (4) The increase in the required State contribution | 6 | | resulting from the changes made to this Section by Public | 7 | | Act 94-1057.
| 8 | | (j) For purposes of determining the required State | 9 | | contribution to the System, the value of the System's assets | 10 | | shall be equal to the actuarial value of the System's assets, | 11 | | which shall be calculated as follows: | 12 | | As of June 30, 2008, the actuarial value of the System's | 13 | | assets shall be equal to the market value of the assets as of | 14 | | that date. In determining the actuarial value of the System's | 15 | | assets for fiscal years after June 30, 2008, any actuarial | 16 | | gains or losses from investment return incurred in a fiscal | 17 | | year shall be recognized in equal annual amounts over the | 18 | | 5-year period following that fiscal year. | 19 | | (k) For purposes of determining the required State | 20 | | contribution to the system for a particular year, the actuarial | 21 | | value of assets shall be assumed to earn a rate of return equal | 22 | | to the system's actuarially assumed rate of return. | 23 | | (Source: P.A. 95-331, eff. 8-21-07; 95-950, eff. 8-29-08; | 24 | | 96-43, eff. 7-15-09.)
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