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90_SB1369 5 ILCS 375/3 from Ch. 127, par. 523 5 ILCS 375/10 from Ch. 127, par. 530 40 ILCS 5/16-129.1 new 40 ILCS 5/16-133 from Ch. 108 1/2, par. 16-133 40 ILCS 5/16-152 from Ch. 108 1/2, par. 16-152 40 ILCS 5/16-158 from Ch. 108 1/2, par. 16-158 Amends the Downstate Teacher Article of the Pension Code. Increases the retirement formula to 2.2% of final average salary for each year of service earned after June 30, 1998. Allows members to elect to have the new rate apply to their existing service, by making an additional contribution. Also raises the rate to 2.3% for certain members who already have 30 years of service. Beginning July 1, 1998, requires school districts and other employers to make an employer contribution to the System. Increases the employee contribution by 0.85% of salary, but provides for a refund of the increase in certain cases. Amends the State Employees Group Insurance Act of 1971. Requires certain retired State employees who participate in the Teachers' Retirement System and have less than 20 years of service (and their survivors) to pay for a portion of the cost of their group insurance. In certain definitions relating to eligibility to participate in the State group insurance program, updates obsolete cross references to certain State employees who participate in the Teachers' Retirement System and adds to those references certain employees of that System. Effective immediately. LRB9011288EGfg LRB9011288EGfg 1 AN ACT in relation to public employee benefits, amending 2 named Acts. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The State Employees Group Insurance Act of 6 1971 is amended by changing Sections 3 and 10 as follows: 7 (5 ILCS 375/3) (from Ch. 127, par. 523) 8 Sec. 3. Definitions. Unless the context otherwise 9 requires, the following words and phrases as used in this Act 10 shall have the following meanings. The Department may define 11 these and other words and phrases separately for the purpose 12 of implementing specific programs providing benefits under 13 this Act. 14 (a) "Administrative service organization" means any 15 person, firm or corporation experienced in the handling of 16 claims which is fully qualified, financially sound and 17 capable of meeting the service requirements of a contract of 18 administration executed with the Department. 19 (b) "Annuitant" means (1) an employee who retires, or 20 has retired, on or after January 1, 1966 on an immediate 21 annuity under the provisions of Articles 2, 14, 15 (including 22 an employee who has retired under the optional retirement 23 program established under Section 15-158.2), paragraphs (2), 24 (3), or (5)(b) or (c)of Section 16-106, or Article 18 of 25 the Illinois Pension Code; (2) any person who was receiving 26 group insurance coverage under this Act as of March 31, 1978 27 by reason of his status as an annuitant, even though the 28 annuity in relation to which such coverage was provided is a 29 proportional annuity based on less than the minimum period of 30 service required for a retirement annuity in the system 31 involved; (3) any person not otherwise covered by this Act -2- LRB9011288EGfg 1 who has retired as a participating member under Article 2 of 2 the Illinois Pension Code but is ineligible for the 3 retirement annuity under Section 2-119 of the Illinois 4 Pension Code; (4) the spouse of any person who is receiving a 5 retirement annuity under Article 18 of the Illinois Pension 6 Code and who is covered under a group health insurance 7 program sponsored by a governmental employer other than the 8 State of Illinois and who has irrevocably elected to waive 9 his or her coverage under this Act and to have his or her 10 spouse considered as the "annuitant" under this Act and not 11 as a "dependent"; or (5) an employee who retires, or has 12 retired, from a qualified position, as determined according 13 to rules promulgated by the Director, under a qualified local 14 government or a qualified rehabilitation facility or a 15 qualified domestic violence shelter or service. (For 16 definition of "retired employee", see (p) post). 17 (b-5) "New SERS annuitant" means a person who, on or 18 after January 1, 1998, becomes an annuitant, as defined in 19 subsection (b), by virtue of beginning to receive a 20 retirement annuity under Article 14 of the Illinois Pension 21 Code, and is eligible to participate in the basic program of 22 group health benefits provided for annuitants under this Act. 23 (b-6) "New SURS annuitant" means a person who, on or 24 after January 1, 1998, becomes an annuitant, as defined in 25 subsection (b), by virtue of beginning to receive a 26 retirement annuity under Article 15 of the Illinois Pension 27 Code, and is eligible to participate in the basic program of 28 group health benefits provided for annuitants under this Act. 29 (b-7) "New TRS State annuitant" means a person who, on 30 or after July 1, 1998, becomes an annuitant, as defined in 31 subsection (b), by virtue of beginning to receive a 32 retirement annuity under Article 16 of the Illinois Pension 33 Code based on service as a teacher as defined in paragraph 34 (2), (3), or (5) of Section 16-106 of that Code, and is -3- LRB9011288EGfg 1 eligible to participate in the basic program of group health 2 benefits provided for annuitants under this Act. 3 (c) "Carrier" means (1) an insurance company, a 4 corporation organized under the Limited Health Service 5 Organization Act or the Voluntary Health Services Plan Act, a 6 partnership, or other nongovernmental organization, which is 7 authorized to do group life or group health insurance 8 business in Illinois, or (2) the State of Illinois as a 9 self-insurer. 10 (d) "Compensation" means salary or wages payable on a 11 regular payroll by the State Treasurer on a warrant of the 12 State Comptroller out of any State, trust or federal fund, or 13 by the Governor of the State through a disbursing officer of 14 the State out of a trust or out of federal funds, or by any 15 Department out of State, trust, federal or other funds held 16 by the State Treasurer or the Department, to any person for 17 personal services currently performed, and ordinary or 18 accidental disability benefits under Articles 2, 14, 15 19 (including ordinary or accidental disability benefits under 20 the optional retirement program established under Section 21 15-158.2), paragraphs (2), (3), or (5)(b) or (c)of Section 22 16-106, or Article 18 of the Illinois Pension Code, for 23 disability incurred after January 1, 1966, or benefits 24 payable under the Workers' Compensation or Occupational 25 Diseases Act or benefits payable under a sick pay plan 26 established in accordance with Section 36 of the State 27 Finance Act. "Compensation" also means salary or wages paid 28 to an employee of any qualified local government or qualified 29 rehabilitation facility or a qualified domestic violence 30 shelter or service. 31 (e) "Commission" means the State Employees Group 32 Insurance Advisory Commission authorized by this Act. 33 Commencing July 1, 1984, "Commission" as used in this Act 34 means the Illinois Economic and Fiscal Commission as -4- LRB9011288EGfg 1 established by the Legislative Commission Reorganization Act 2 of 1984. 3 (f) "Contributory", when referred to as contributory 4 coverage, shall mean optional coverages or benefits elected 5 by the member toward the cost of which such member makes 6 contribution, or which are funded in whole or in part through 7 the acceptance of a reduction in earnings or the foregoing of 8 an increase in earnings by an employee, as distinguished from 9 noncontributory coverage or benefits which are paid entirely 10 by the State of Illinois without reduction of the member's 11 salary. 12 (g) "Department" means any department, institution, 13 board, commission, officer, court or any agency of the State 14 government receiving appropriations and having power to 15 certify payrolls to the Comptroller authorizing payments of 16 salary and wages against such appropriations as are made by 17 the General Assembly from any State fund, or against trust 18 funds held by the State Treasurer and includes boards of 19 trustees of the retirement systems created by Articles 2, 14, 20 15, 16 and 18 of the Illinois Pension Code. "Department" 21 also includes the Illinois Comprehensive Health Insurance 22 Board, the Board of Examiners established under the Illinois 23 Public Accounting Act, and the Illinois Rural Bond Bank. 24 (h) "Dependent", when the term is used in the context of 25 the health and life plan, means a member's spouse and any 26 unmarried child (1) from birth to age 19 including an adopted 27 child, a child who lives with the member from the time of the 28 filing of a petition for adoption until entry of an order of 29 adoption, a stepchild or recognized child who lives with the 30 member in a parent-child relationship, or a child who lives 31 with the member if such member is a court appointed guardian 32 of the child, or (2) age 19 to 23 enrolled as a full-time 33 student in any accredited school, financially dependent upon 34 the member, and eligible as a dependent for Illinois State -5- LRB9011288EGfg 1 income tax purposes, or (3) age 19 or over who is mentally or 2 physically handicapped as defined in the Illinois Insurance 3 Code. For the health plan only, the term "dependent" also 4 includes any person enrolled prior to the effective date of 5 this Section who is dependent upon the member to the extent 6 that the member may claim such person as a dependent for 7 Illinois State income tax deduction purposes; no other such 8 person may be enrolled. 9 (i) "Director" means the Director of the Illinois 10 Department of Central Management Services. 11 (j) "Eligibility period" means the period of time a 12 member has to elect enrollment in programs or to select 13 benefits without regard to age, sex or health. 14 (k) "Employee" means and includes each officer or 15 employee in the service of a department who (1) receives his 16 compensation for service rendered to the department on a 17 warrant issued pursuant to a payroll certified by a 18 department or on a warrant or check issued and drawn by a 19 department upon a trust, federal or other fund or on a 20 warrant issued pursuant to a payroll certified by an elected 21 or duly appointed officer of the State or who receives 22 payment of the performance of personal services on a warrant 23 issued pursuant to a payroll certified by a Department and 24 drawn by the Comptroller upon the State Treasurer against 25 appropriations made by the General Assembly from any fund or 26 against trust funds held by the State Treasurer, and (2) is 27 employed full-time or part-time in a position normally 28 requiring actual performance of duty during not less than 1/2 29 of a normal work period, as established by the Director in 30 cooperation with each department, except that persons elected 31 by popular vote will be considered employees during the 32 entire term for which they are elected regardless of hours 33 devoted to the service of the State, and (3) except that 34 "employee" does not include any person who is not eligible by -6- LRB9011288EGfg 1 reason of such person's employment to participate in one of 2 the State retirement systems under Articles 2, 14, 15 (either 3 the regular Article 15 system or the optional retirement 4 program established under Section 15-158.2) or 18, or under 5 paragraph (2), (3), or (5)(b) or (c)of Section 16-106, of 6 the Illinois Pension Code, but such term does include persons 7 who are employed during the 6 month qualifying period under 8 Article 14 of the Illinois Pension Code. Such term also 9 includes any person who (1) after January 1, 1966, is 10 receiving ordinary or accidental disability benefits under 11 Articles 2, 14, 15 (including ordinary or accidental 12 disability benefits under the optional retirement program 13 established under Section 15-158.2), paragraphs (2), (3), or 14 (5)(b) or (c)of Section 16-106, or Article 18 of the 15 Illinois Pension Code, for disability incurred after January 16 1, 1966, (2) receives total permanent or total temporary 17 disability under the Workers' Compensation Act or 18 Occupational Disease Act as a result of injuries sustained or 19 illness contracted in the course of employment with the State 20 of Illinois, or (3) is not otherwise covered under this Act 21 and has retired as a participating member under Article 2 of 22 the Illinois Pension Code but is ineligible for the 23 retirement annuity under Section 2-119 of the Illinois 24 Pension Code. However, a person who satisfies the criteria 25 of the foregoing definition of "employee" except that such 26 person is made ineligible to participate in the State 27 Universities Retirement System by clause (4) of subsection 28 (a) of Section 15-107 of the Illinois Pension Code is also an 29 "employee" for the purposes of this Act. "Employee" also 30 includes any person receiving or eligible for benefits under 31 a sick pay plan established in accordance with Section 36 of 32 the State Finance Act. "Employee" also includes each officer 33 or employee in the service of a qualified local government, 34 including persons appointed as trustees of sanitary districts -7- LRB9011288EGfg 1 regardless of hours devoted to the service of the sanitary 2 district, and each employee in the service of a qualified 3 rehabilitation facility and each full-time employee in the 4 service of a qualified domestic violence shelter or service, 5 as determined according to rules promulgated by the Director. 6 (l) "Member" means an employee, annuitant, retired 7 employee or survivor. 8 (m) "Optional coverages or benefits" means those 9 coverages or benefits available to the member on his or her 10 voluntary election, and at his or her own expense. 11 (n) "Program" means the group life insurance, health 12 benefits and other employee benefits designed and contracted 13 for by the Director under this Act. 14 (o) "Health plan" means a self-insured health insurance 15 program offered by the State of Illinois for the purposes of 16 benefiting employees by means of providing, among others, 17 wellness programs, utilization reviews, second opinions and 18 medical fee reviews, as well as for paying for hospital and 19 medical care up to the maximum coverage provided by the plan, 20 to its members and their dependents. 21 (p) "Retired employee" means any person who would be an 22 annuitant as that term is defined herein but for the fact 23 that such person retired prior to January 1, 1966. Such term 24 also includes any person formerly employed by the University 25 of Illinois in the Cooperative Extension Service who would be 26 an annuitant but for the fact that such person was made 27 ineligible to participate in the State Universities 28 Retirement System by clause (4) of subsection (a) of Section 29 15-107 of the Illinois Pension Code. 30 (p-6) "New SURS retired employee" means a person who, on 31 or after January 1, 1998, becomes a retired employee, as 32 defined in subsection (p), by virtue of being a person 33 formerly employed by the University of Illinois in the 34 Cooperative Extension Service who would be an annuitant but -8- LRB9011288EGfg 1 for the fact that he or she was made ineligible to 2 participate in the State Universities Retirement System by 3 clause (4) of subsection (a) of Section 15-107 of the 4 Illinois Pension Code, and who is eligible to participate in 5 the basic program of group health benefits provided for 6 retired employees under this Act. 7 (q) "Survivor" means a person receiving an annuity as a 8 survivor of an employee or of an annuitant. "Survivor" also 9 includes: (1) the surviving dependent of a person who 10 satisfies the definition of "employee" except that such 11 person is made ineligible to participate in the State 12 Universities Retirement System by clause (4) of subsection 13 (a) of Section 15-107 of the Illinois Pension Code; and (2) 14 the surviving dependent of any person formerly employed by 15 the University of Illinois in the Cooperative Extension 16 Service who would be an annuitant except for the fact that 17 such person was made ineligible to participate in the State 18 Universities Retirement System by clause (4) of subsection 19 (a) of Section 15-107 of the Illinois Pension Code. 20 (q-5) "New SERS survivor" means a survivor, as defined 21 in subsection (q), whose annuity is paid under Article 14 of 22 the Illinois Pension Code and is based on the death of (i) an 23 employee whose death occurs on or after January 1, 1998, or 24 (ii) a new SERS annuitant as defined in subsection (b-5). 25 (q-6) "New SURS survivor" means a survivor, as defined 26 in subsection (q), whose annuity is paid under Article 15 of 27 the Illinois Pension Code and is based on the death of (i) an 28 employee whose death occurs on or after January 1, 1998, (ii) 29 a new SURS annuitant as defined in subsection (b-6), or (iii) 30 a new SURS retired employee as defined in subsection (p-6). 31 (q-7) "New TRS State survivor" means a survivor, as 32 defined in subsection (q), whose annuity is paid under 33 Article 16 of the Illinois Pension Code and is based on the 34 death of (i) an employee who is a teacher as defined in -9- LRB9011288EGfg 1 paragraph (2), (3), or (5) of Section 16-106 of that Code and 2 whose death occurs on or after July 1, 1998, or (ii) a new 3 TRS State annuitant as defined in subsection (b-7). 4 (r) "Medical services" means the services provided 5 within the scope of their licenses by practitioners in all 6 categories licensed under the Medical Practice Act of 1987. 7 (s) "Unit of local government" means any county, 8 municipality, township, school district, special district or 9 other unit, designated as a unit of local government by law, 10 which exercises limited governmental powers or powers in 11 respect to limited governmental subjects, any not-for-profit 12 association with a membership that primarily includes 13 townships and township officials, that has duties that 14 include provision of research service, dissemination of 15 information, and other acts for the purpose of improving 16 township government, and that is funded wholly or partly in 17 accordance with Section 85-15 of the Township Code; any 18 not-for-profit corporation or association, with a membership 19 consisting primarily of municipalities, that operates its own 20 utility system, and provides research, training, 21 dissemination of information, or other acts to promote 22 cooperation between and among municipalities that provide 23 utility services and for the advancement of the goals and 24 purposes of its membership; and the Illinois Association of 25 Park Districts. "Qualified local government" means a unit of 26 local government approved by the Director and participating 27 in a program created under subsection (i) of Section 10 of 28 this Act. 29 (t) "Qualified rehabilitation facility" means any 30 not-for-profit organization that is accredited by the 31 Commission on Accreditation of Rehabilitation Facilities or 32 certified by the Department of Human Services (as successor 33 to the Department of Mental Health and Developmental 34 Disabilities) to provide services to persons with -10- LRB9011288EGfg 1 disabilities and which receives funds from the State of 2 Illinois for providing those services, approved by the 3 Director and participating in a program created under 4 subsection (j) of Section 10 of this Act. 5 (u) "Qualified domestic violence shelter or service" 6 means any Illinois domestic violence shelter or service and 7 its administrative offices funded by the Department of Human 8 Services (as successor to the Illinois Department of Public 9 Aid), approved by the Director and participating in a program 10 created under subsection (k) of Section 10. 11 (v) "TRS benefit recipient" means a person who: 12 (1) is not a "member" as defined in this Section; 13 and 14 (2) is receiving a monthly benefit or retirement 15 annuity under Article 16 of the Illinois Pension Code; 16 and 17 (3) either (i) has at least 8 years of creditable 18 service under Article 16 of the Illinois Pension Code, or 19 (ii) was enrolled in the health insurance program offered 20 under that Article on January 1, 1996, or (iii) is the 21 survivor of a benefit recipient who had at least 8 years 22 of creditable service under Article 16 of the Illinois 23 Pension Code or was enrolled in the health insurance 24 program offered under that Article on the effective date 25 of this amendatory Act of 1995, or (iv) is a recipient or 26 survivor of a recipient of a disability benefit under 27 Article 16 of the Illinois Pension Code. 28 (w) "TRS dependent beneficiary" means a person who: 29 (1) is not a "member" or "dependent" as defined in 30 this Section; and 31 (2) is a TRS benefit recipient's: (A) spouse, (B) 32 dependent parent who is receiving at least half of his or 33 her support from the TRS benefit recipient, or (C) 34 unmarried natural or adopted child who is (i) under age -11- LRB9011288EGfg 1 19, or (ii) enrolled as a full-time student in an 2 accredited school, financially dependent upon the TRS 3 benefit recipient, eligible as a dependent for Illinois 4 State income tax purposes, and either is under age 24 or 5 was, on January 1, 1996, participating as a dependent 6 beneficiary in the health insurance program offered under 7 Article 16 of the Illinois Pension Code, or (iii) age 19 8 or over who is mentally or physically handicapped as 9 defined in the Illinois Insurance Code. 10 (x) "Military leave with pay and benefits" refers to 11 individuals in basic training for reserves, special/advanced 12 training, annual training, emergency call up, or activation 13 by the President of the United States with approved pay and 14 benefits. 15 (y) "Military leave without pay and benefits" refers to 16 individuals who enlist for active duty in a regular component 17 of the U.S. Armed Forces or other duty not specified or 18 authorized under military leave with pay and benefits. 19 (z) "Community college benefit recipient" means a person 20 who: 21 (1) is not a "member" as defined in this Section; 22 and 23 (2) is receiving a monthly survivor's annuity or 24 retirement annuity under Article 15 of the Illinois 25 Pension Code; and 26 (3) either (i) was a full-time employee of a 27 community college district or an association of community 28 college boards created under the Public Community College 29 Act (other than an employee whose last employer under 30 Article 15 of the Illinois Pension Code was a community 31 college district subject to Article VII of the Public 32 Community College Act) and was eligible to participate in 33 a group health benefit plan as an employee during the 34 time of employment with a community college district -12- LRB9011288EGfg 1 (other than a community college district subject to 2 Article VII of the Public Community College Act) or an 3 association of community college boards, or (ii) is the 4 survivor of a person described in item (i). 5 (aa) "Community college dependent beneficiary" means a 6 person who: 7 (1) is not a "member" or "dependent" as defined in 8 this Section; and 9 (2) is a community college benefit recipient's: (A) 10 spouse, (B) dependent parent who is receiving at least 11 half of his or her support from the community college 12 benefit recipient, or (C) unmarried natural or adopted 13 child who is (i) under age 19, or (ii) enrolled as a 14 full-time student in an accredited school, financially 15 dependent upon the community college benefit recipient, 16 eligible as a dependent for Illinois State income tax 17 purposes and under age 23, or (iii) age 19 or over and 18 mentally or physically handicapped as defined in the 19 Illinois Insurance Code. 20 (Source: P.A. 89-21, eff. 6-21-95; 89-25, eff. 6-21-95; 21 89-76, eff. 7-1-95; 89-324, eff. 8-13-95; 89-430, eff. 22 12-15-95; 89-502, eff. 7-1-96; 89-507, eff. 7-1-97; 89-628, 23 eff. 8-9-96; 90-14, eff. 7-1-97; 90-65, eff. 7-7-97; 90-448, 24 eff. 8-16-97; 90-497, eff. 8-18-97; 90-511, eff. 8-22-97; 25 revised 10-13-97.) 26 (5 ILCS 375/10) (from Ch. 127, par. 530) 27 Sec. 10. Payments by State; premiums. 28 (a) The State shall pay the cost of basic 29 non-contributory group life insurance and, subject to member 30 paid contributions set by the Department or required by this 31 Section, the basic program of group health benefits on each 32 eligible member, except a member, not otherwise covered by 33 this Act, who has retired as a participating member under -13- LRB9011288EGfg 1 Article 2 of the Illinois Pension Code but is ineligible for 2 the retirement annuity under Section 2-119 of the Illinois 3 Pension Code, and part of each eligible member's and retired 4 member's premiums for health insurance coverage for enrolled 5 dependents as provided by Section 9. The State shall pay the 6 cost of the basic program of group health benefits only after 7 benefits are reduced by the amount of benefits covered by 8 Medicare for all retired members and retired dependents aged 9 65 years or older who are entitled to benefits under Social 10 Security or the Railroad Retirement system or who had 11 sufficient Medicare-covered government employment except that 12 such reduction in benefits shall apply only to those retired 13 members or retired dependents who (1) first become eligible 14 for such Medicare coverage on or after July 1, 1992; or (2) 15 remain eligible for, but no longer receive Medicare coverage 16 which they had been receiving on or after July 1, 1992. The 17 Department may determine the aggregate level of the State's 18 contribution on the basis of actual cost of medical services 19 adjusted for age, sex or geographic or other demographic 20 characteristics which affect the costs of such programs. 21 (a-1) Beginning January 1, 1998, for each person who 22 becomes a new SERS annuitant and participates in the basic 23 program of group health benefits, the State shall contribute 24 toward the cost of the annuitant's coverage under the basic 25 program of group health benefits an amount equal to 5% of 26 that cost for each full year of creditable service upon which 27 the annuitant's retirement annuity is based, up to a maximum 28 of 100% for an annuitant with 20 or more years of creditable 29 service. The remainder of the cost of a new SERS annuitant's 30 coverage under the basic program of group health benefits 31 shall be the responsibility of the annuitant. 32 (a-2) Beginning January 1, 1998, for each person who 33 becomes a new SERS survivor and participates in the basic 34 program of group health benefits, the State shall contribute -14- LRB9011288EGfg 1 toward the cost of the survivor's coverage under the basic 2 program of group health benefits an amount equal to 5% of 3 that cost for each full year of the deceased employee's or 4 deceased annuitant's creditable service in the State 5 Employees' Retirement System of Illinois on the date of 6 death, up to a maximum of 100% for a survivor of an employee 7 or annuitant with 20 or more years of creditable service. 8 The remainder of the cost of the new SERS survivor's coverage 9 under the basic program of group health benefits shall be the 10 responsibility of the survivor. 11 (a-3) Beginning January 1, 1998, for each person who 12 becomes a new SURS annuitant and participates in the basic 13 program of group health benefits, the State shall contribute 14 toward the cost of the annuitant's coverage under the basic 15 program of group health benefits an amount equal to 5% of 16 that cost for each full year of creditable service upon which 17 the annuitant's retirement annuity is based, up to a maximum 18 of 100% for an annuitant with 20 or more years of creditable 19 service. The remainder of the cost of a new SURS annuitant's 20 coverage under the basic program of group health benefits 21 shall be the responsibility of the annuitant. 22 (a-4) Beginning January 1, 1998, for each person who 23 becomes a new SURS retired employee and participates in the 24 basic program of group health benefits, the State shall 25 contribute toward the cost of the retired employee's coverage 26 under the basic program of group health benefits an amount 27 equal to 5% of that cost for each full year that the retired 28 employee was an employee as defined in Section 3, up to a 29 maximum of 100% for a retired employee who was an employee 30 for 20 or more years. The remainder of the cost of a new 31 SURS retired employee's coverage under the basic program of 32 group health benefits shall be the responsibility of the 33 retired employee. 34 (a-5) Beginning January 1, 1998, for each person who -15- LRB9011288EGfg 1 becomes a new SURS survivor and participates in the basic 2 program of group health benefits, the State shall contribute 3 toward the cost of the survivor's coverage under the basic 4 program of group health benefits an amount equal to 5% of 5 that cost for each full year of the deceased employee's or 6 deceased annuitant's creditable service in the State 7 UniversitiesEmployees'Retirement Systemof Illinoison the 8 date of death, up to a maximum of 100% for a survivor of an 9 employee or annuitant with 20 or more years of creditable 10 service. The remainder of the cost of the new SURS 11 survivor's coverage under the basic program of group health 12 benefits shall be the responsibility of the survivor. 13 (a-6) Beginning July 1, 1998, for each person who 14 becomes a new TRS State annuitant and participates in the 15 basic program of group health benefits, the State shall 16 contribute toward the cost of the annuitant's coverage under 17 the basic program of group health benefits an amount equal to 18 5% of that cost for each full year of creditable service as a 19 teacher as defined in paragraph (2), (3), or (5) of Section 20 16-106 of the Illinois Pension Code upon which the 21 annuitant's retirement annuity is based, up to a maximum of 22 100% for an annuitant with 20 or more years of such 23 creditable service. The remainder of the cost of a new TRS 24 State annuitant's coverage under the basic program of group 25 health benefits shall be the responsibility of the annuitant. 26 (a-7) Beginning July 1, 1998, for each person who 27 becomes a new TRS State survivor and participates in the 28 basic program of group health benefits, the State shall 29 contribute toward the cost of the survivor's coverage under 30 the basic program of group health benefits an amount equal to 31 5% of that cost for each full year of the deceased employee's 32 or deceased annuitant's creditable service as a teacher as 33 defined in paragraph (2), (3), or (5) of Section 16-106 of 34 the Illinois Pension Code on the date of death, up to a -16- LRB9011288EGfg 1 maximum of 100% for a survivor of an employee or annuitant 2 with 20 or more years of such creditable service. The 3 remainder of the cost of the new TRS State survivor's 4 coverage under the basic program of group health benefits 5 shall be the responsibility of the survivor. 6 (a-8)(a-6)A new SERS annuitant, new SERS survivor, new 7 SURS annuitant, new SURS retired employee,ornew SURS 8 survivor, new TRS State annuitant, or new TRS State survivor 9 may waive or terminate coverage in the program of group 10 health benefits. Any such annuitant, survivor, or retired 11 employee who has waived or terminated coverage may enroll or 12 re-enroll in the program of group health benefits only during 13 the annual benefit choice period, as determined by the 14 Director; except that in the event of termination of coverage 15 due to nonpayment of premiums, the annuitant, survivor, or 16 retired employee may not re-enroll in the program. 17 (a-9)(a-7)No later than May 1 of each calendar year, 18 the Director of Central Management Services shall certify in 19 writing to the Executive Secretary of the State Employees' 20Employee'sRetirement System of Illinois the amounts of the 21 Medicare supplement health care premiums and the amounts of 22 the health care premiums for all other retirees who are not 23 Medicare eligible. 24 A separate calculation of the premiums based upon the 25 actual cost of each health care plan shall be so certified. 26 The Director of Central Management Services shall provide 27 to the Executive Secretary of the State Employees'Employee's28 Retirement System of Illinois such information, statistics, 29 and other data as he or shehe/shemay require to review the 30 premium amounts certified by the Director of Central 31 Management Services. 32 (b) State employees who become eligible for this program 33 on or after January 1, 1980 in positions,normally requiring 34 actual performance of duty not less than 1/2 of a normal work -17- LRB9011288EGfg 1 period but not equal to that of a normal work period, shall 2 be given the option of participating in the available 3 program. If the employee elects coverage, the State shall 4 contribute on behalf of such employee to the cost of the 5 employee's benefit and any applicable dependent supplement, 6 that sum which bears the same percentage as that percentage 7 of time the employee regularly works when compared to normal 8 work period. 9 (c) The basic non-contributory coverage from the basic 10 program of group health benefits shall be continued for each 11 employee not in pay status or on active service by reason of 12 (1) leave of absence due to illness or injury, (2) authorized 13 educational leave of absence or sabbatical leave, or (3) 14 military leave with pay and benefits. This coverage shall 15 continue until expiration of authorized leave and return to 16 active service, but not to exceed 24 months for leaves under 17 item (1) or (2). This 24-month limitation and the requirement 18 of returning to active service shall not apply to persons 19 receiving ordinary or accidental disability benefits or 20 retirement benefits through the appropriate State retirement 21 system or benefits under the Workers' Compensation or 22 Occupational Disease Act. 23 (d) The basic group life insurance coverage shall 24 continue, with full State contribution, where such person is 25 (1) absent from active service by reason of disability 26 arising from any cause other than self-inflicted, (2) on 27 authorized educational leave of absence or sabbatical leave, 28 or (3) on military leave with pay and benefits. 29 (e) Where the person is in non-pay status for a period 30 in excess of 30 days or on leave of absence, other than by 31 reason of disability, educational or sabbatical leave, or 32 military leave with pay and benefits, such person may 33 continue coverage only by making personal payment equal to 34 the amount normally contributed by the State on such person's -18- LRB9011288EGfg 1 behalf. Such payments and coverage may be continued: (1) 2 until such time as the person returns to a status eligible 3 for coverage at State expense, but not to exceed 24 months, 4 (2) until such person's employment or annuitant status with 5 the State is terminated, or (3) for a maximum period of 4 6 years for members on military leave with pay and benefits and 7 military leave without pay and benefits (exclusive of any 8 additional service imposed pursuant to law). 9 (f) The Department shall establish by rule the extent 10 to which other employee benefits will continue for persons in 11 non-pay status or who are not in active service. 12 (g) The State shall not pay the cost of the basic 13 non-contributory group life insurance, program of health 14 benefits and other employee benefits for members who are 15 survivors as defined by paragraphs (1) and (2) of subsection 16 (q) of Section 3 of this Act. The costs of benefits for 17 these survivors shall be paid by the survivors or by the 18 University of Illinois Cooperative Extension Service, or any 19 combination thereof. 20 (h) Those persons occupying positions with any 21 department as a result of emergency appointments pursuant to 22 Section 8b.8 of the Personnel Code who are not considered 23 employees under this Act shall be given the option of 24 participating in the programs of group life insurance, health 25 benefits and other employee benefits. Such persons electing 26 coverage may participate only by making payment equal to the 27 amount normally contributed by the State for similarly 28 situated employees. Such amounts shall be determined by the 29 Director. Such payments and coverage may be continued until 30 such time as the person becomes an employee pursuant to this 31 Act or such person's appointment is terminated. 32 (i) Any unit of local government within the State of 33 Illinois may apply to the Director to have its employees, 34 annuitants, and their dependents provided group health -19- LRB9011288EGfg 1 coverage under this Act on a non-insured basis. To 2 participate, a unit of local government must agree to enroll 3 all of its employees, who may select coverage under either 4 the State group health insurance plan or a health maintenance 5 organization that has contracted with the State to be 6 available as a health care provider for employees as defined 7 in this Act. A unit of local government must remit the 8 entire cost of providing coverage under the State group 9 health insurance plan or, for coverage under a health 10 maintenance organization, an amount determined by the 11 Director based on an analysis of the sex, age, geographic 12 location, or other relevant demographic variables for its 13 employees, except that the unit of local government shall not 14 be required to enroll those of its employees who are covered 15 spouses or dependents under this plan or another group policy 16 or plan providing health benefits as long as (1) an 17 appropriate official from the unit of local government 18 attests that each employee not enrolled is a covered spouse 19 or dependent under this plan or another group policy or plan, 20 and (2) at least 85% of the employees are enrolled and the 21 unit of local government remits the entire cost of providing 22 coverage to those employees. Employees of a participating 23 unit of local government who are not enrolled due to coverage 24 under another group health policy or plan may enroll at a 25 later date subject to submission of satisfactory evidence of 26 insurability and provided that no benefits shall be payable 27 for services incurred during the first 6 months of coverage 28 to the extent the services are in connection with any 29 pre-existing condition. A participating unit of local 30 government may also elect to cover its annuitants. Dependent 31 coverage shall be offered on an optional basis, with the 32 costs paid by the unit of local government, its employees, or 33 some combination of the two as determined by the unit of 34 local government. The unit of local government shall be -20- LRB9011288EGfg 1 responsible for timely collection and transmission of 2 dependent premiums. 3 The Director shall annually determine monthly rates of 4 payment, subject to the following constraints: 5 (1) In the first year of coverage, the rates shall 6 be equal to the amount normally charged to State 7 employees for elected optional coverages or for enrolled 8 dependents coverages or other contributory coverages, or 9 contributed by the State for basic insurance coverages on 10 behalf of its employees, adjusted for differences between 11 State employees and employees of the local government in 12 age, sex, geographic location or other relevant 13 demographic variables, plus an amount sufficient to pay 14 for the additional administrative costs of providing 15 coverage to employees of the unit of local government and 16 their dependents. 17 (2) In subsequent years, a further adjustment shall 18 be made to reflect the actual prior years' claims 19 experience of the employees of the unit of local 20 government. 21 In the case of coverage of local government employees 22 under a health maintenance organization, the Director shall 23 annually determine for each participating unit of local 24 government the maximum monthly amount the unit may contribute 25 toward that coverage, based on an analysis of (i) the age, 26 sex, geographic location, and other relevant demographic 27 variables of the unit's employees and (ii) the cost to cover 28 those employees under the State group health insurance plan. 29 The Director may similarly determine the maximum monthly 30 amount each unit of local government may contribute toward 31 coverage of its employees' dependents under a health 32 maintenance organization. 33 Monthly payments by the unit of local government or its 34 employees for group health insurance or health maintenance -21- LRB9011288EGfg 1 organization coverage shall be deposited in the Local 2 Government Health Insurance Reserve Fund. The Local 3 Government Health Insurance Reserve Fund shall be a 4 continuing fund not subject to fiscal year limitations. All 5 expenditures from this fund shall be used for payments for 6 health care benefits for local government and rehabilitation 7 facility employees, annuitants, and dependents, and to 8 reimburse the Department or its administrative service 9 organization for all expenses incurred in the administration 10 of benefits. No other State funds may be used for these 11 purposes. 12 A local government employer's participation or desire to 13 participate in a program created under this subsection shall 14 not limit that employer's duty to bargain with the 15 representative of any collective bargaining unit of its 16 employees. 17 (j) Any rehabilitation facility within the State of 18 Illinois may apply to the Director to have its employees, 19 annuitants, and their dependents provided group health 20 coverage under this Act on a non-insured basis. To 21 participate, a rehabilitation facility must agree to enroll 22 all of its employees and remit the entire cost of providing 23 such coverage for its employees, except that the 24 rehabilitation facility shall not be required to enroll those 25 of its employees who are covered spouses or dependents under 26 this plan or another group policy or plan providing health 27 benefits as long as (1) an appropriate official from the 28 rehabilitation facility attests that each employee not 29 enrolled is a covered spouse or dependent under this plan or 30 another group policy or plan, and (2) at least 85% of the 31 employees are enrolled and the rehabilitation facility remits 32 the entire cost of providing coverage to those employees. 33 Employees of a participating rehabilitation facility who are 34 not enrolled due to coverage under another group health -22- LRB9011288EGfg 1 policy or plan may enroll at a later date subject to 2 submission of satisfactory evidence of insurability and 3 provided that no benefits shall be payable for services 4 incurred during the first 6 months of coverage to the extent 5 the services are in connection with any pre-existing 6 condition. A participating rehabilitation facility may also 7 elect to cover its annuitants. Dependent coverage shall be 8 offered on an optional basis, with the costs paid by the 9 rehabilitation facility, its employees, or some combination 10 of the 2 as determined by the rehabilitation facility. The 11 rehabilitation facility shall be responsible for timely 12 collection and transmission of dependent premiums. 13 The Director shall annually determine quarterly rates of 14 payment, subject to the following constraints: 15 (1) In the first year of coverage, the rates shall 16 be equal to the amount normally charged to State 17 employees for elected optional coverages or for enrolled 18 dependents coverages or other contributory coverages on 19 behalf of its employees, adjusted for differences between 20 State employees and employees of the rehabilitation 21 facility in age, sex, geographic location or other 22 relevant demographic variables, plus an amount sufficient 23 to pay for the additional administrative costs of 24 providing coverage to employees of the rehabilitation 25 facility and their dependents. 26 (2) In subsequent years, a further adjustment shall 27 be made to reflect the actual prior years' claims 28 experience of the employees of the rehabilitation 29 facility. 30 Monthly payments by the rehabilitation facility or its 31 employees for group health insurance shall be deposited in 32 the Local Government Health Insurance Reserve Fund. 33 (k) Any domestic violence shelter or service within the 34 State of Illinois may apply to the Director to have its -23- LRB9011288EGfg 1 employees, annuitants, and their dependents provided group 2 health coverage under this Act on a non-insured basis. To 3 participate, a domestic violence shelter or service must 4 agree to enroll all of its employees and pay the entire cost 5 of providing such coverage for its employees. A 6 participating domestic violence shelter may also elect to 7 cover its annuitants. Dependent coverage shall be offered on 8 an optional basis, with employees, or some combination of the 9 2 as determined by the domestic violence shelter or service. 10 The domestic violence shelter or service shall be responsible 11 for timely collection and transmission of dependent premiums. 12 The Director shall annually determine quarterly rates of 13 payment, subject to the following constraints: 14 (1) In the first year of coverage, the rates shall 15 be equal to the amount normally charged to State 16 employees for elected optional coverages or for enrolled 17 dependents coverages or other contributory coverages on 18 behalf of its employees, adjusted for differences between 19 State employees and employees of the domestic violence 20 shelter or service in age, sex, geographic location or 21 other relevant demographic variables, plus an amount 22 sufficient to pay for the additional administrative costs 23 of providing coverage to employees of the domestic 24 violence shelter or service and their dependents. 25 (2) In subsequent years, a further adjustment shall 26 be made to reflect the actual prior years' claims 27 experience of the employees of the domestic violence 28 shelter or service. 29 (3) In no case shall the rate be less than the 30 amount normally charged to State employees or contributed 31 by the State on behalf of its employees. 32 Monthly payments by the domestic violence shelter or 33 service or its employees for group health insurance shall be 34 deposited in the Local Government Health Insurance Reserve -24- LRB9011288EGfg 1 Fund. 2 (l) A public community college or entity organized 3 pursuant to the Public Community College Act may apply to the 4 Director initially to have only annuitants not covered prior 5 to July 1, 1992 by the district's health plan provided health 6 coverage under this Act on a non-insured basis. The 7 community college must execute a 2-year contract to 8 participate in the Local Government Health Plan. Those 9 annuitants enrolled initially under this contract shall have 10 no benefits payable for services incurred during the first 6 11 months of coverage to the extent the services are in 12 connection with any pre-existing condition. Any annuitant 13 who may enroll after this initial enrollment period shall be 14 subject to submission of satisfactory evidence of 15 insurability and to the pre-existing conditions limitation. 16 The Director shall annually determine monthly rates of 17 payment subject to the following constraints: for those 18 community colleges with annuitants only enrolled, first year 19 rates shall be equal to the average cost to cover claims for 20 a State member adjusted for demographics, Medicare 21 participation, and other factors; and in the second year, a 22 further adjustment of rates shall be made to reflect the 23 actual first year's claims experience of the covered 24 annuitants. 25 (m) The Director shall adopt any rules deemed necessary 26 for implementation of this amendatory Act of 1989 (Public Act 27 86-978). 28 (Source: P.A. 89-53, eff. 7-1-95; 89-236, eff. 8-4-95; 29 89-324, eff. 8-13-95; 89-626, eff. 8-9-96; 90-65, eff. 30 7-7-97; revised 1-13-98.) 31 Section 10. The Illinois Pension Code is amended by 32 changing Sections 16-133, 16-152, and 16-158 and adding 33 Section 16-129.1 as follows: -25- LRB9011288EGfg 1 (40 ILCS 5/16-129.1 new) 2 Sec. 16-129.1. Optional increase in retirement annuity. 3 (a) A member of the System may qualify for the augmented 4 rate under subdivision (a)(B)(1) of Section 16-133 for all 5 years of creditable service earned before July 1, 1998 by 6 making the optional contribution specified in subsection (b). 7 A member may not elect to qualify for the augmented rate for 8 only a portion of his or her creditable service earned before 9 July 1, 1998. 10 (b) The contribution shall be an amount equal to 0.85% 11 of the member's highest salary rate in the 4 consecutive 12 years of service immediately prior to the date of 13 application, multiplied by the number of years by which the 14 amount of creditable service earned by the member before July 15 1, 1998 exceeds the amount of creditable service earned by 16 the member after June 30, 1998; subject to a maximum 17 contribution of 17% of that salary rate. 18 The member shall pay to the System the amount of the 19 contribution as calculated at the time of application under 20 this Section. The amount of the contribution determined 21 under this subsection shall be recalculated at the time of 22 retirement, and if the System determines that the amount paid 23 by the member exceeds the recalculated amount, the System 24 shall refund the difference to the member with regular 25 interest from the date of payment to the date of refund. 26 The contribution required by this subsection shall be 27 paid in one of the following ways or in a combination of the 28 following ways that does not extend over more than 5 years: 29 (i) in a lump sum on or before the date of 30 retirement; 31 (ii) in substantially equal installments over a 32 period of time not to exceed 5 years, as a deduction from 33 salary in accordance with subsection (b) of Section 34 16-154; -26- LRB9011288EGfg 1 (iii) if the member becomes an annuitant before 2 June 30, 2003, in substantially equal monthly 3 installments over a 24-month period, by a deduction from 4 the annuitant's monthly benefit. 5 (c) If the member fails to make the full contribution 6 under this Section in a timely fashion, the payments made 7 under this Section shall be refunded to the member, without 8 interest. If the member dies before making the full 9 contribution, the payments made under this Section, together 10 with regular interest thereon, shall be refunded to the 11 member's estate. 12 (d) For purposes of this Section and subdivision 13 (a)(B)(1) of Section 16-133, optional creditable service 14 established by a member shall be deemed to have been earned 15 at the time of the employment or other qualifying event upon 16 which the service is based, rather than at the time the 17 credit was established in this System. 18 (40 ILCS 5/16-133) (from Ch. 108 1/2, par. 16-133) 19 Sec. 16-133. Retirement annuity; amount. 20 (a) The amount of the retirement annuity shall be the 21 larger of the amounts determined under paragraphs (A) and (B) 22 below: 23 (A) An amount consisting of the sum of the 24 following: 25 (1) An amount that can be provided on an 26 actuarially equivalent basis by the member's 27 accumulated contributions at the time of retirement; 28 and 29 (2) The sum of (i) the amount that can be 30 provided on an actuarially equivalent basis by the 31 member's accumulated contributions representing 32 service prior to July 1, 1947, and (ii) the amount 33 that can be provided on an actuarially equivalent -27- LRB9011288EGfg 1 basis by the amount obtained by multiplying 1.4 2 times the member's accumulated contributions 3 covering service subsequent to June 30, 1947; and 4 (3) If there is prior service, 2 times the 5 amount that would have been determined under 6 subparagraph (2) of paragraph (A) above on account 7 of contributions which would have been made during 8 the period of prior service creditable to the member 9 had the System been in operation and had the member 10 made contributions at the contribution rate in 11 effect prior to July 1, 1947. 12 (B) An amount consisting of the greater of the 13 following: 14 (1) For creditable service earned before July 15 1, 1998 that has not been augmented under Section 16 16-129.1: 1.67% of final average salary for each of 17 the first 10 years of creditable service, 1.90% of 18 final average salary for each year in excess of 10 19 but not exceeding 20, 2.10% of final average salary 20 for each year in excess of 20 but not exceeding 30, 21 and 2.30% of final average salary for each year in 22 excess of 30; and 23 For creditable service earned on or after July 24 1, 1998 by a member who has at least 30 years of 25 creditable service on July 1, 1998 and who does not 26 elect to augment service under Section 16-129.1: 27 2.3% of final average salary for each year of 28 creditable service earned on or after July 1, 1998; 29 and 30 For all other creditable service: 2.2% of 31 final average salary for each year of creditable 32 service; or 33 (2) 1.5%1 1/2%of final average salary for 34 each year of creditable service plus the sum $7.50 -28- LRB9011288EGfg 1 for each of the first 20 years of creditable 2 service. 3 The amount of the retirement annuity determined under 4 this paragraph (B) shall be reduced by 1/2 of 1% for each 5 month that the member is less than age 60 at the time the 6 retirement annuity begins. However, this reduction shall 7 not apply (i) if the member has at least 35 years of 8 creditable service, or (ii) if the member retires on 9 account of disability under Section 16-149.2 of this 10 Article with at least 20 years of creditable service. 11 (b) For purposes of this Section, final average salary 12 shall be the average salary for the highest 4 consecutive 13 years within the last 10 years of creditable service as 14 determined under rules of the board. The minimum final 15 average salary shall be considered to be $2,400 per year. 16 In the determination of final average salary for members 17 other than elected officials and their appointees when such 18 appointees are allowed by statute, that part of a member's 19 salary for any year beginning after June 30, 1979 which 20 exceeds the member's annual full-time salary rate with the 21 same employer for the preceding year by more than 20% shall 22 be excluded. 23 (c) In determining the amount of the retirement annuity 24 under paragraph (B) of this Section, a fractional year shall 25 be granted proportional credit. 26 (d) The retirement annuity determined under paragraph 27 (B) of this Section shall be available only to members who 28 render teaching service after July 1, 1947 for which member 29 contributions are required, and to annuitants who re-enter 30 under the provisions of Section 16-150. 31 (e) The maximum retirement annuity provided under 32 paragraph (B) of this Section shall be 75% of final average 33 salary. 34 (Source: P.A. 86-273; 87-794; 87-1265.) -29- LRB9011288EGfg 1 (40 ILCS 5/16-152) (from Ch. 108 1/2, par. 16-152) 2 Sec. 16-152. Contributions by members. 3 (a) Each member shall make contributions for membership 4 service to this System as follows: 5 (1) Effective July 1, 19981971, contributions of 7.35% 66 1/2%of salary towards the cost of the retirement annuity. 7 Such contributions shall be deemed "normal contributions". 8 (2) Effective July 1, 1969, contributions of 1/2 of 1% 9 of salary toward the cost of the automatic annual increase in 10 retirement annuity provided under Section 16-133.1. 11 (3) Effective July 24, 1959, contributions of 1% of 12 salary towards the cost of survivor benefits. Such 13 contributions shall not be credited to the individual account 14 of the member and shall not be subject to refund except as 15 provided under Section 16-143.2. 16 (b) The minimum required contribution for any year of 17 full-time teaching service shall be $192. 18 (c) Contributions shall not be required of any annuitant 19 receiving a retirement annuity who is given temporary 20 employment not exceeding that permitted under Section 16-118. 21 (d) A person who (i) was a member before July 1, 1998, 22 (ii) retires with more than 34 years of creditable service, 23 and (iii) does not elect to qualify for the augmented rate 24 under Section 16-129.1 shall be entitled, at the time of 25 retirement, to receive a partial refund of contributions made 26 under this Section for service occurring after the later of 27 June 30, 1998 or attainment of 34 years of creditable 28 service, in an amount equal to 0.85% of the salary upon which 29 those contributions were based. 30 (Source: P.A. 83-1440.) 31 (40 ILCS 5/16-158) (from Ch. 108 1/2, par. 16-158) 32 Sec. 16-158. Contributions by State and other employing 33 units. -30- LRB9011288EGfg 1 (a) The State shall make contributions to the System by 2 means of appropriations from the Common School Fund and other 3 State funds of amounts which, together with other employer 4 contributions, employee contributions, investment income, and 5 other income, will be sufficient to meet the cost of 6 maintaining and administering the System on a 90% funded 7 basis in accordance with actuarial recommendations. 8 The Board shall determine the amount of State 9 contributions required for each fiscal year on the basis of 10 the actuarial tables and other assumptions adopted by the 11 Board and the recommendations of the actuary, using the 12 formula in subsection (b-3). 13 (a-1) Annually, on or before November 15, the board 14 shall certify to the Governor the amount of the required 15 State contribution for the coming fiscal year. The 16 certification shall include a copy of the actuarial 17 recommendations upon which it is based. 18 (b) Through State fiscal year 1995, the State 19 contributions shall be paid to the System in accordance with 20 Section 18-7 of the School Code. 21 (b-1) Beginning in State fiscal year 1996, on the 15th 22 day of each month, or as soon thereafter as may be 23 practicable, the Board shall submit vouchers for payment of 24 State contributions to the System, in a total monthly amount 25 of one-twelfth of the required annual State contribution 26 certified under subsection (a-1). These vouchers shall be 27 paid by the State Comptroller and Treasurer by warrants drawn 28 on the funds appropriated to the System for that fiscal year. 29 If in any month the amount remaining unexpended from all 30 other appropriations to the System for the applicable fiscal 31 year (including the appropriations to the System under 32 Section 8.12 of the State Finance Act and Section 1 of the 33 State Pension Funds Continuing Appropriation Act) is less 34 than the amount lawfully vouchered under this subsection, the -31- LRB9011288EGfg 1 difference shall be paid from the Common School Fund under 2 the continuing appropriation authority provided in Section 3 1.1 of the State Pension Funds Continuing Appropriation Act. 4 (b-2) Allocations from the Common School Fund 5 apportioned to school districts not coming under this System 6 shall not be diminished or affected by the provisions of this 7 Article. 8 (b-3) For State fiscal years 2011 through 2045, the 9 minimum contribution to the System to be made by the State 10 for each fiscal year shall be an amount determined by the 11 System to be sufficient to bring the total assets of the 12 System up to 90% of the total actuarial liabilities of the 13 System by the end of State fiscal year 2045. In making these 14 determinations, the required State contribution shall be 15 calculated each year as a level percentage of payroll over 16 the years remaining to and including fiscal year 2045 and 17 shall be determined under the projected unit credit actuarial 18 cost method. 19 For State fiscal years 1996 through 2010, the State 20 contribution to the System, as a percentage of the applicable 21 employee payroll, shall be increased in equal annual 22 increments so that by State fiscal year 2011, the State is 23 contributing at the rate required under this Section; except 24 that in the following specified State fiscal years, the State 25 contribution to the System shall not be less than the 26 following indicated percentages of the applicable employee 27 payroll, even if the indicated percentage will produce a 28 State contribution in excess of the amount otherwise required 29 under this subsection and subsection (a), and notwithstanding 30 any contrary certification made under subsection (a-1) before 31 the effective date of this amendatory Act of 1998: 9.932% in 32 FY 1999; 10.632% in FY 2000; 11.332% in FY 2001; 12.022% in 33 FY 2002; 12.722% in FY 2003; 13.422% in FY 2004; 14.112% in 34 FY 2005; 14.812% in FY 2006; 15.512% in FY 2007; 16.202% in -32- LRB9011288EGfg 1 FY 2008; 16.902% in FY 2009; and 17.602% in FY 2010. 2 Beginning in State fiscal year 2046, the minimum State 3 contribution for each fiscal year shall be the amount needed 4 to maintain the total assets of the System at 90% of the 5 total actuarial liabilities of the System. 6 (c) Payment of the required State contributions and of 7 all pensions, retirement annuities, death benefits, refunds, 8 and other benefits granted under or assumed by this System, 9 and all expenses in connection with the administration and 10 operation thereof, are obligations of the State. 11 If members are paid from special trust or federal funds 12 which are administered by the employing unit, whether school 13 district or other unit, the employing unit shall pay to the 14 System from such funds the full accruing retirement costs 15 based upon that service, as determined by the System. 16 Employer contributions, based on salary paid to members from 17 federal funds, may be forwarded by the distributing agency of 18 the State of Illinois to the System prior to allocation, in 19 an amount determined in accordance with guidelines 20 established by such agency and the System. 21 (d) Effective July 1, 1986, any employer of a teacher as 22 defined in paragraph (8) of Section 16-106 shall pay the 23 employer's normal cost of benefits based upon the teacher's 24 service, in addition to employee contributions, as determined 25 by the System. Such employer contributions shall be 26 forwarded monthly in accordance with guidelines established 27 by the System. 28 However, with respect to benefits granted under Section 29 16-133.4 or 16-133.5 to a teacher as defined in paragraph (8) 30 of Section 16-106, the employer's contribution shall be 12% 31 (rather than 20%) of the member's highest annual salary rate 32 for each year of creditable service granted, and the employer 33 shall also pay the required employee contribution on behalf 34 of the teacher. For the purposes of Sections 16-133.4 and -33- LRB9011288EGfg 1 16-133.5, a teacher as defined in paragraph (8) of Section 2 16-106 who is serving in that capacity while on leave of 3 absence from another employer under this Article shall not be 4 considered an employee of the employer from which the teacher 5 is on leave. 6 (e) Beginning July 1, 1998, every employer of a teacher 7 shall pay to the System an employer contribution computed as 8 follows: 9 (1) Beginning July 1, 1998 through June 30, 1999, 10 the employer contribution shall be equal to 0.3% of each 11 teacher's salary. 12 (2) Beginning July 1, 1999 through June 30, 2000, 13 the employer contribution shall be equal to 0.6% of each 14 teacher's salary. 15 (3) Beginning July 1, 2000 and thereafter, the 16 employer contribution shall be equal to 0.9% of each 17 teacher's salary. 18 The school district or other employing unit may pay these 19 employer contributions out of any source of funding available 20 for that purpose and shall forward the contributions to the 21 System on the schedule established for the payment of member 22 contributions. 23 These employer contributions are intended to offset a 24 portion of the cost to the System of the increases in 25 retirement benefits resulting from this amendatory Act of 26 1998. 27 (Source: P.A. 87-1265; 88-593, eff. 8-22-94.) 28 Section 99. Effective date. This Act takes effect upon 29 becoming law.