100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1820

 

Introduced 2/9/2017, by Sen. Dan McConchie

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Pension Code with respect to the 5 State-funded retirement systems. Provides that beginning January 1, 2018, a person under one of those Articles who (i) has terminated service,(ii) has met the age and service requirement to receive a retirement annuity, (iii) has not received a retirement annuity under that Article, and (iv) meets certain other eligibility requirements may elect to receive, in lieu of any pension benefits under that Article, a lump sum accelerated pension benefit payment equal to 70% of the net present value of his or her pension benefits or may elect to receive a partial accelerated pension benefit payment in exchange for a specified reduction in pension benefits. Provides that if a person elects to receive an accelerated pension benefit payment, his or her credits and creditable service under that Article shall be terminated upon receipt of the accelerated pension benefit payment; except that the terminated service credit shall be used for the purposes of determining participation and benefits under the State Employees Group Insurance Act of 1971. Makes other changes. Amends the State Employees Group Insurance Act of 1971 to make related changes. Amends the Illinois Finance Authority Act. Requires the Authority to issue bonds if the amount of those payments exceed the amount appropriated to each System for those payments. Amends the General Obligation Bond Act. Authorizes $250,000,000 in State Pension Obligation Acceleration Bonds to be sold to pay for accelerated pension benefit payments. Amends the State Pension Funds Continuing Appropriation Act to create a continuing appropriation for payments on those Bonds. Amends the State Finance Act to create the State Pension Obligation Acceleration Bond Fund. Effective immediately.


LRB100 10677 RPS 20901 b

FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1820LRB100 10677 RPS 20901 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Employees Group Insurance Act of 1971
5is amended by changing Sections 3 and 10 as follows:
 
6    (5 ILCS 375/3)  (from Ch. 127, par. 523)
7    Sec. 3. Definitions. Unless the context otherwise
8requires, the following words and phrases as used in this Act
9shall have the following meanings. The Department may define
10these and other words and phrases separately for the purpose of
11implementing specific programs providing benefits under this
12Act.
13    (a) "Administrative service organization" means any
14person, firm or corporation experienced in the handling of
15claims which is fully qualified, financially sound and capable
16of meeting the service requirements of a contract of
17administration executed with the Department.
18    (b) "Annuitant" means (1) an employee who retires, or has
19retired, on or after January 1, 1966 on an immediate annuity
20under the provisions of Articles 2 (including an employee who
21meets the criteria for retirement, but in lieu of receiving an
22annuity under that Article has elected to receive an
23accelerated pension benefit payment under Section 2-154.5 of

 

 

SB1820- 2 -LRB100 10677 RPS 20901 b

1that Article), 14 (including an employee who has elected to
2receive an alternative retirement cancellation payment under
3Section 14-108.5 of the Illinois Pension Code in lieu of an
4annuity or who meets the criteria for retirement, but in lieu
5of receiving an annuity under that Article has elected to
6receive an accelerated pension benefit payment under Section
714-147.5 of that Article), 15 (including an employee who has
8retired under the optional retirement program established
9under Section 15-158.2 or who meets the criteria for retirement
10but in lieu of receiving an annuity under that Article has
11elected to receive an accelerated pension benefit payment under
12Section 15-185.5 of the Article), paragraphs (2), (3), or (5)
13of Section 16-106 (including an employee who meets the criteria
14for retirement, but in lieu of receiving an annuity under that
15Article has elected to receive an accelerated pension benefit
16payment under Section 16-190.5 of the Illinois Pension Code),
17or Article 18 (including an employee who meets the criteria for
18retirement, but in lieu of receiving an annuity under that
19Article, has elected to receive an accelerated pension benefit
20payment under Section 18-161.5 of that Article) of the Illinois
21Pension Code; (2) any person who was receiving group insurance
22coverage under this Act as of March 31, 1978 by reason of his
23status as an annuitant, even though the annuity in relation to
24which such coverage was provided is a proportional annuity
25based on less than the minimum period of service required for a
26retirement annuity in the system involved; (3) any person not

 

 

SB1820- 3 -LRB100 10677 RPS 20901 b

1otherwise covered by this Act who has retired as a
2participating member under Article 2 of the Illinois Pension
3Code but is ineligible for the retirement annuity under Section
42-119 of the Illinois Pension Code; (4) the spouse of any
5person who is receiving a retirement annuity under Article 18
6of the Illinois Pension Code and who is covered under a group
7health insurance program sponsored by a governmental employer
8other than the State of Illinois and who has irrevocably
9elected to waive his or her coverage under this Act and to have
10his or her spouse considered as the "annuitant" under this Act
11and not as a "dependent"; or (5) an employee who retires, or
12has retired, from a qualified position, as determined according
13to rules promulgated by the Director, under a qualified local
14government, a qualified rehabilitation facility, a qualified
15domestic violence shelter or service, or a qualified child
16advocacy center. (For definition of "retired employee", see (p)
17post).
18    (b-5) (Blank).
19    (b-6) (Blank).
20    (b-7) (Blank).
21    (c) "Carrier" means (1) an insurance company, a corporation
22organized under the Limited Health Service Organization Act or
23the Voluntary Health Services Plan Act, a partnership, or other
24nongovernmental organization, which is authorized to do group
25life or group health insurance business in Illinois, or (2) the
26State of Illinois as a self-insurer.

 

 

SB1820- 4 -LRB100 10677 RPS 20901 b

1    (d) "Compensation" means salary or wages payable on a
2regular payroll by the State Treasurer on a warrant of the
3State Comptroller out of any State, trust or federal fund, or
4by the Governor of the State through a disbursing officer of
5the State out of a trust or out of federal funds, or by any
6Department out of State, trust, federal or other funds held by
7the State Treasurer or the Department, to any person for
8personal services currently performed, and ordinary or
9accidental disability benefits under Articles 2, 14, 15
10(including ordinary or accidental disability benefits under
11the optional retirement program established under Section
1215-158.2), paragraphs (2), (3), or (5) of Section 16-106, or
13Article 18 of the Illinois Pension Code, for disability
14incurred after January 1, 1966, or benefits payable under the
15Workers' Compensation or Occupational Diseases Act or benefits
16payable under a sick pay plan established in accordance with
17Section 36 of the State Finance Act. "Compensation" also means
18salary or wages paid to an employee of any qualified local
19government, qualified rehabilitation facility, qualified
20domestic violence shelter or service, or qualified child
21advocacy center.
22    (e) "Commission" means the State Employees Group Insurance
23Advisory Commission authorized by this Act. Commencing July 1,
241984, "Commission" as used in this Act means the Commission on
25Government Forecasting and Accountability as established by
26the Legislative Commission Reorganization Act of 1984.

 

 

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1    (f) "Contributory", when referred to as contributory
2coverage, shall mean optional coverages or benefits elected by
3the member toward the cost of which such member makes
4contribution, or which are funded in whole or in part through
5the acceptance of a reduction in earnings or the foregoing of
6an increase in earnings by an employee, as distinguished from
7noncontributory coverage or benefits which are paid entirely by
8the State of Illinois without reduction of the member's salary.
9    (g) "Department" means any department, institution, board,
10commission, officer, court or any agency of the State
11government receiving appropriations and having power to
12certify payrolls to the Comptroller authorizing payments of
13salary and wages against such appropriations as are made by the
14General Assembly from any State fund, or against trust funds
15held by the State Treasurer and includes boards of trustees of
16the retirement systems created by Articles 2, 14, 15, 16 and 18
17of the Illinois Pension Code. "Department" also includes the
18Illinois Comprehensive Health Insurance Board, the Board of
19Examiners established under the Illinois Public Accounting
20Act, and the Illinois Finance Authority.
21    (h) "Dependent", when the term is used in the context of
22the health and life plan, means a member's spouse and any child
23(1) from birth to age 26 including an adopted child, a child
24who lives with the member from the time of the filing of a
25petition for adoption until entry of an order of adoption, a
26stepchild or adjudicated child, or a child who lives with the

 

 

SB1820- 6 -LRB100 10677 RPS 20901 b

1member if such member is a court appointed guardian of the
2child or (2) age 19 or over who has a mental or physical
3disability from a cause originating prior to the age of 19 (age
426 if enrolled as an adult child dependent). For the health
5plan only, the term "dependent" also includes (1) any person
6enrolled prior to the effective date of this Section who is
7dependent upon the member to the extent that the member may
8claim such person as a dependent for income tax deduction
9purposes and (2) any person who has received after June 30,
102000 an organ transplant and who is financially dependent upon
11the member and eligible to be claimed as a dependent for income
12tax purposes. A member requesting to cover any dependent must
13provide documentation as requested by the Department of Central
14Management Services and file with the Department any and all
15forms required by the Department.
16    (i) "Director" means the Director of the Illinois
17Department of Central Management Services.
18    (j) "Eligibility period" means the period of time a member
19has to elect enrollment in programs or to select benefits
20without regard to age, sex or health.
21    (k) "Employee" means and includes each officer or employee
22in the service of a department who (1) receives his
23compensation for service rendered to the department on a
24warrant issued pursuant to a payroll certified by a department
25or on a warrant or check issued and drawn by a department upon
26a trust, federal or other fund or on a warrant issued pursuant

 

 

SB1820- 7 -LRB100 10677 RPS 20901 b

1to a payroll certified by an elected or duly appointed officer
2of the State or who receives payment of the performance of
3personal services on a warrant issued pursuant to a payroll
4certified by a Department and drawn by the Comptroller upon the
5State Treasurer against appropriations made by the General
6Assembly from any fund or against trust funds held by the State
7Treasurer, and (2) is employed full-time or part-time in a
8position normally requiring actual performance of duty during
9not less than 1/2 of a normal work period, as established by
10the Director in cooperation with each department, except that
11persons elected by popular vote will be considered employees
12during the entire term for which they are elected regardless of
13hours devoted to the service of the State, and (3) except that
14"employee" does not include any person who is not eligible by
15reason of such person's employment to participate in one of the
16State retirement systems under Articles 2, 14, 15 (either the
17regular Article 15 system or the optional retirement program
18established under Section 15-158.2) or 18, or under paragraph
19(2), (3), or (5) of Section 16-106, of the Illinois Pension
20Code, but such term does include persons who are employed
21during the 6 month qualifying period under Article 14 of the
22Illinois Pension Code. Such term also includes any person who
23(1) after January 1, 1966, is receiving ordinary or accidental
24disability benefits under Articles 2, 14, 15 (including
25ordinary or accidental disability benefits under the optional
26retirement program established under Section 15-158.2),

 

 

SB1820- 8 -LRB100 10677 RPS 20901 b

1paragraphs (2), (3), or (5) of Section 16-106, or Article 18 of
2the Illinois Pension Code, for disability incurred after
3January 1, 1966, (2) receives total permanent or total
4temporary disability under the Workers' Compensation Act or
5Occupational Disease Act as a result of injuries sustained or
6illness contracted in the course of employment with the State
7of Illinois, or (3) is not otherwise covered under this Act and
8has retired as a participating member under Article 2 of the
9Illinois Pension Code but is ineligible for the retirement
10annuity under Section 2-119 of the Illinois Pension Code.
11However, a person who satisfies the criteria of the foregoing
12definition of "employee" except that such person is made
13ineligible to participate in the State Universities Retirement
14System by clause (4) of subsection (a) of Section 15-107 of the
15Illinois Pension Code is also an "employee" for the purposes of
16this Act. "Employee" also includes any person receiving or
17eligible for benefits under a sick pay plan established in
18accordance with Section 36 of the State Finance Act. "Employee"
19also includes (i) each officer or employee in the service of a
20qualified local government, including persons appointed as
21trustees of sanitary districts regardless of hours devoted to
22the service of the sanitary district, (ii) each employee in the
23service of a qualified rehabilitation facility, (iii) each
24full-time employee in the service of a qualified domestic
25violence shelter or service, and (iv) each full-time employee
26in the service of a qualified child advocacy center, as

 

 

SB1820- 9 -LRB100 10677 RPS 20901 b

1determined according to rules promulgated by the Director.
2    (l) "Member" means an employee, annuitant, retired
3employee or survivor. In the case of an annuitant or retired
4employee who first becomes an annuitant or retired employee on
5or after the effective date of this amendatory Act of the 97th
6General Assembly, the individual must meet the minimum vesting
7requirements of the applicable retirement system in order to be
8eligible for group insurance benefits under that system. In the
9case of a survivor who first becomes a survivor on or after the
10effective date of this amendatory Act of the 97th General
11Assembly, the deceased employee, annuitant, or retired
12employee upon whom the annuity is based must have been eligible
13to participate in the group insurance system under the
14applicable retirement system in order for the survivor to be
15eligible for group insurance benefits under that system.
16    (m) "Optional coverages or benefits" means those coverages
17or benefits available to the member on his or her voluntary
18election, and at his or her own expense.
19    (n) "Program" means the group life insurance, health
20benefits and other employee benefits designed and contracted
21for by the Director under this Act.
22    (o) "Health plan" means a health benefits program offered
23by the State of Illinois for persons eligible for the plan.
24    (p) "Retired employee" means any person who would be an
25annuitant as that term is defined herein but for the fact that
26such person retired prior to January 1, 1966. Such term also

 

 

SB1820- 10 -LRB100 10677 RPS 20901 b

1includes any person formerly employed by the University of
2Illinois in the Cooperative Extension Service who would be an
3annuitant but for the fact that such person was made ineligible
4to participate in the State Universities Retirement System by
5clause (4) of subsection (a) of Section 15-107 of the Illinois
6Pension Code.
7    (q) "Survivor" means a person receiving an annuity as a
8survivor of an employee or of an annuitant. "Survivor" also
9includes: (1) the surviving dependent of a person who satisfies
10the definition of "employee" except that such person is made
11ineligible to participate in the State Universities Retirement
12System by clause (4) of subsection (a) of Section 15-107 of the
13Illinois Pension Code; (2) the surviving dependent of any
14person formerly employed by the University of Illinois in the
15Cooperative Extension Service who would be an annuitant except
16for the fact that such person was made ineligible to
17participate in the State Universities Retirement System by
18clause (4) of subsection (a) of Section 15-107 of the Illinois
19Pension Code; and (3) the surviving dependent of a person who
20was an annuitant under this Act by virtue of receiving an
21alternative retirement cancellation payment under Section
2214-108.5 of the Illinois Pension Code.
23    (q-2) "SERS" means the State Employees' Retirement System
24of Illinois, created under Article 14 of the Illinois Pension
25Code.
26    (q-3) "SURS" means the State Universities Retirement

 

 

SB1820- 11 -LRB100 10677 RPS 20901 b

1System, created under Article 15 of the Illinois Pension Code.
2    (q-4) "TRS" means the Teachers' Retirement System of the
3State of Illinois, created under Article 16 of the Illinois
4Pension Code.
5    (q-5) (Blank).
6    (q-6) (Blank).
7    (q-7) (Blank).
8    (r) "Medical services" means the services provided within
9the scope of their licenses by practitioners in all categories
10licensed under the Medical Practice Act of 1987.
11    (s) "Unit of local government" means any county,
12municipality, township, school district (including a
13combination of school districts under the Intergovernmental
14Cooperation Act), special district or other unit, designated as
15a unit of local government by law, which exercises limited
16governmental powers or powers in respect to limited
17governmental subjects, any not-for-profit association with a
18membership that primarily includes townships and township
19officials, that has duties that include provision of research
20service, dissemination of information, and other acts for the
21purpose of improving township government, and that is funded
22wholly or partly in accordance with Section 85-15 of the
23Township Code; any not-for-profit corporation or association,
24with a membership consisting primarily of municipalities, that
25operates its own utility system, and provides research,
26training, dissemination of information, or other acts to

 

 

SB1820- 12 -LRB100 10677 RPS 20901 b

1promote cooperation between and among municipalities that
2provide utility services and for the advancement of the goals
3and purposes of its membership; the Southern Illinois
4Collegiate Common Market, which is a consortium of higher
5education institutions in Southern Illinois; the Illinois
6Association of Park Districts; and any hospital provider that
7is owned by a county that has 100 or fewer hospital beds and
8has not already joined the program. "Qualified local
9government" means a unit of local government approved by the
10Director and participating in a program created under
11subsection (i) of Section 10 of this Act.
12    (t) "Qualified rehabilitation facility" means any
13not-for-profit organization that is accredited by the
14Commission on Accreditation of Rehabilitation Facilities or
15certified by the Department of Human Services (as successor to
16the Department of Mental Health and Developmental
17Disabilities) to provide services to persons with disabilities
18and which receives funds from the State of Illinois for
19providing those services, approved by the Director and
20participating in a program created under subsection (j) of
21Section 10 of this Act.
22    (u) "Qualified domestic violence shelter or service" means
23any Illinois domestic violence shelter or service and its
24administrative offices funded by the Department of Human
25Services (as successor to the Illinois Department of Public
26Aid), approved by the Director and participating in a program

 

 

SB1820- 13 -LRB100 10677 RPS 20901 b

1created under subsection (k) of Section 10.
2    (v) "TRS benefit recipient" means a person who:
3        (1) is not a "member" as defined in this Section; and
4        (2) is receiving a monthly benefit or retirement
5    annuity under Article 16 of the Illinois Pension Code; and
6        (3) either (i) has at least 8 years of creditable
7    service under Article 16 of the Illinois Pension Code, or
8    (ii) was enrolled in the health insurance program offered
9    under that Article on January 1, 1996, or (iii) is the
10    survivor of a benefit recipient who had at least 8 years of
11    creditable service under Article 16 of the Illinois Pension
12    Code or was enrolled in the health insurance program
13    offered under that Article on the effective date of this
14    amendatory Act of 1995, or (iv) is a recipient or survivor
15    of a recipient of a disability benefit under Article 16 of
16    the Illinois Pension Code.
17    (w) "TRS dependent beneficiary" means a person who:
18        (1) is not a "member" or "dependent" as defined in this
19    Section; and
20        (2) is a TRS benefit recipient's: (A) spouse, (B)
21    dependent parent who is receiving at least half of his or
22    her support from the TRS benefit recipient, or (C) natural,
23    step, adjudicated, or adopted child who is (i) under age
24    26, (ii) was, on January 1, 1996, participating as a
25    dependent beneficiary in the health insurance program
26    offered under Article 16 of the Illinois Pension Code, or

 

 

SB1820- 14 -LRB100 10677 RPS 20901 b

1    (iii) age 19 or over who has a mental or physical
2    disability from a cause originating prior to the age of 19
3    (age 26 if enrolled as an adult child).
4    "TRS dependent beneficiary" does not include, as indicated
5under paragraph (2) of this subsection (w), a dependent of the
6survivor of a TRS benefit recipient who first becomes a
7dependent of a survivor of a TRS benefit recipient on or after
8the effective date of this amendatory Act of the 97th General
9Assembly unless that dependent would have been eligible for
10coverage as a dependent of the deceased TRS benefit recipient
11upon whom the survivor benefit is based.
12    (x) "Military leave" refers to individuals in basic
13training for reserves, special/advanced training, annual
14training, emergency call up, activation by the President of the
15United States, or any other training or duty in service to the
16United States Armed Forces.
17    (y) (Blank).
18    (z) "Community college benefit recipient" means a person
19who:
20        (1) is not a "member" as defined in this Section; and
21        (2) is receiving a monthly survivor's annuity or
22    retirement annuity under Article 15 of the Illinois Pension
23    Code; and
24        (3) either (i) was a full-time employee of a community
25    college district or an association of community college
26    boards created under the Public Community College Act

 

 

SB1820- 15 -LRB100 10677 RPS 20901 b

1    (other than an employee whose last employer under Article
2    15 of the Illinois Pension Code was a community college
3    district subject to Article VII of the Public Community
4    College Act) and was eligible to participate in a group
5    health benefit plan as an employee during the time of
6    employment with a community college district (other than a
7    community college district subject to Article VII of the
8    Public Community College Act) or an association of
9    community college boards, or (ii) is the survivor of a
10    person described in item (i).
11    (aa) "Community college dependent beneficiary" means a
12person who:
13        (1) is not a "member" or "dependent" as defined in this
14    Section; and
15        (2) is a community college benefit recipient's: (A)
16    spouse, (B) dependent parent who is receiving at least half
17    of his or her support from the community college benefit
18    recipient, or (C) natural, step, adjudicated, or adopted
19    child who is (i) under age 26, or (ii) age 19 or over and
20    has a mental or physical disability from a cause
21    originating prior to the age of 19 (age 26 if enrolled as
22    an adult child).
23    "Community college dependent beneficiary" does not
24include, as indicated under paragraph (2) of this subsection
25(aa), a dependent of the survivor of a community college
26benefit recipient who first becomes a dependent of a survivor

 

 

SB1820- 16 -LRB100 10677 RPS 20901 b

1of a community college benefit recipient on or after the
2effective date of this amendatory Act of the 97th General
3Assembly unless that dependent would have been eligible for
4coverage as a dependent of the deceased community college
5benefit recipient upon whom the survivor annuity is based.
6    (bb) "Qualified child advocacy center" means any Illinois
7child advocacy center and its administrative offices funded by
8the Department of Children and Family Services, as defined by
9the Children's Advocacy Center Act (55 ILCS 80/), approved by
10the Director and participating in a program created under
11subsection (n) of Section 10.
12(Source: P.A. 98-488, eff. 8-16-13; 99-143, eff. 7-27-15.)
 
13    (5 ILCS 375/10)  (from Ch. 127, par. 530)
14    Sec. 10. Contributions by the State and members.
15    (a) The State shall pay the cost of basic non-contributory
16group life insurance and, subject to member paid contributions
17set by the Department or required by this Section and except as
18provided in this Section, the basic program of group health
19benefits on each eligible member, except a member, not
20otherwise covered by this Act, who has retired as a
21participating member under Article 2 of the Illinois Pension
22Code but is ineligible for the retirement annuity under Section
232-119 of the Illinois Pension Code, and part of each eligible
24member's and retired member's premiums for health insurance
25coverage for enrolled dependents as provided by Section 9. The

 

 

SB1820- 17 -LRB100 10677 RPS 20901 b

1State shall pay the cost of the basic program of group health
2benefits only after benefits are reduced by the amount of
3benefits covered by Medicare for all members and dependents who
4are eligible for benefits under Social Security or the Railroad
5Retirement system or who had sufficient Medicare-covered
6government employment, except that such reduction in benefits
7shall apply only to those members and dependents who (1) first
8become eligible for such Medicare coverage on or after July 1,
91992; or (2) are Medicare-eligible members or dependents of a
10local government unit which began participation in the program
11on or after July 1, 1992; or (3) remain eligible for, but no
12longer receive Medicare coverage which they had been receiving
13on or after July 1, 1992. The Department may determine the
14aggregate level of the State's contribution on the basis of
15actual cost of medical services adjusted for age, sex or
16geographic or other demographic characteristics which affect
17the costs of such programs.
18    The cost of participation in the basic program of group
19health benefits for the dependent or survivor of a living or
20deceased retired employee who was formerly employed by the
21University of Illinois in the Cooperative Extension Service and
22would be an annuitant but for the fact that he or she was made
23ineligible to participate in the State Universities Retirement
24System by clause (4) of subsection (a) of Section 15-107 of the
25Illinois Pension Code shall not be greater than the cost of
26participation that would otherwise apply to that dependent or

 

 

SB1820- 18 -LRB100 10677 RPS 20901 b

1survivor if he or she were the dependent or survivor of an
2annuitant under the State Universities Retirement System.
3    (a-1) (Blank).
4    (a-2) (Blank).
5    (a-3) (Blank).
6    (a-4) (Blank).
7    (a-5) (Blank).
8    (a-6) (Blank).
9    (a-7) (Blank).
10    (a-8) Any annuitant, survivor, or retired employee may
11waive or terminate coverage in the program of group health
12benefits. Any such annuitant, survivor, or retired employee who
13has waived or terminated coverage may enroll or re-enroll in
14the program of group health benefits only during the annual
15benefit choice period, as determined by the Director; except
16that in the event of termination of coverage due to nonpayment
17of premiums, the annuitant, survivor, or retired employee may
18not re-enroll in the program.
19    (a-8.5) Beginning on the effective date of this amendatory
20Act of the 97th General Assembly, the Director of Central
21Management Services shall, on an annual basis, determine the
22amount that the State shall contribute toward the basic program
23of group health benefits on behalf of annuitants (including
24individuals who (i) participated in the General Assembly
25Retirement System, the State Employees' Retirement System of
26Illinois, the State Universities Retirement System, the

 

 

SB1820- 19 -LRB100 10677 RPS 20901 b

1Teachers' Retirement System of the State of Illinois, or the
2Judges Retirement System of Illinois and (ii) qualify as
3annuitants under subsection (b) of Section 3 of this Act),
4survivors (including individuals who (i) receive an annuity as
5a survivor of an individual who participated in the General
6Assembly Retirement System, the State Employees' Retirement
7System of Illinois, the State Universities Retirement System,
8the Teachers' Retirement System of the State of Illinois, or
9the Judges Retirement System of Illinois and (ii) qualify as
10survivors under subsection (q) of Section 3 of this Act), and
11retired employees (as defined in subsection (p) of Section 3 of
12this Act). The remainder of the cost of coverage for each
13annuitant, survivor, or retired employee, as determined by the
14Director of Central Management Services, shall be the
15responsibility of that annuitant, survivor, or retired
16employee.
17    Contributions required of annuitants, survivors, and
18retired employees shall be the same for all retirement systems
19and shall also be based on whether an individual has made an
20election under Section 15-135.1 of the Illinois Pension Code.
21Contributions may be based on annuitants', survivors', or
22retired employees' Medicare eligibility, but may not be based
23on Social Security eligibility.
24    (a-9) No later than May 1 of each calendar year, the
25Director of Central Management Services shall certify in
26writing to the Executive Secretary of the State Employees'

 

 

SB1820- 20 -LRB100 10677 RPS 20901 b

1Retirement System of Illinois the amounts of the Medicare
2supplement health care premiums and the amounts of the health
3care premiums for all other retirees who are not Medicare
4eligible.
5    A separate calculation of the premiums based upon the
6actual cost of each health care plan shall be so certified.
7    The Director of Central Management Services shall provide
8to the Executive Secretary of the State Employees' Retirement
9System of Illinois such information, statistics, and other data
10as he or she may require to review the premium amounts
11certified by the Director of Central Management Services.
12    The Department of Central Management Services, or any
13successor agency designated to procure healthcare contracts
14pursuant to this Act, is authorized to establish funds,
15separate accounts provided by any bank or banks as defined by
16the Illinois Banking Act, or separate accounts provided by any
17savings and loan association or associations as defined by the
18Illinois Savings and Loan Act of 1985 to be held by the
19Director, outside the State treasury, for the purpose of
20receiving the transfer of moneys from the Local Government
21Health Insurance Reserve Fund. The Department may promulgate
22rules further defining the methodology for the transfers. Any
23interest earned by moneys in the funds or accounts shall inure
24to the Local Government Health Insurance Reserve Fund. The
25transferred moneys, and interest accrued thereon, shall be used
26exclusively for transfers to administrative service

 

 

SB1820- 21 -LRB100 10677 RPS 20901 b

1organizations or their financial institutions for payments of
2claims to claimants and providers under the self-insurance
3health plan. The transferred moneys, and interest accrued
4thereon, shall not be used for any other purpose including, but
5not limited to, reimbursement of administration fees due the
6administrative service organization pursuant to its contract
7or contracts with the Department.
8    (a-10) To the extent that participation, benefits, or
9premiums under this Act are based on a person's service credit
10under an Article of the Illinois Pension Code, service credit
11terminated in exchange for an accelerated pension benefit
12payment under Section 2-154.5, 14-147.5, 15-185.5, 16-190.5,
13or 18-161.5 of that Code shall be included in determining a
14person's service credit for the purposes of this Act.
15    (b) State employees who become eligible for this program on
16or after January 1, 1980 in positions normally requiring actual
17performance of duty not less than 1/2 of a normal work period
18but not equal to that of a normal work period, shall be given
19the option of participating in the available program. If the
20employee elects coverage, the State shall contribute on behalf
21of such employee to the cost of the employee's benefit and any
22applicable dependent supplement, that sum which bears the same
23percentage as that percentage of time the employee regularly
24works when compared to normal work period.
25    (c) The basic non-contributory coverage from the basic
26program of group health benefits shall be continued for each

 

 

SB1820- 22 -LRB100 10677 RPS 20901 b

1employee not in pay status or on active service by reason of
2(1) leave of absence due to illness or injury, (2) authorized
3educational leave of absence or sabbatical leave, or (3)
4military leave. This coverage shall continue until expiration
5of authorized leave and return to active service, but not to
6exceed 24 months for leaves under item (1) or (2). This
724-month limitation and the requirement of returning to active
8service shall not apply to persons receiving ordinary or
9accidental disability benefits or retirement benefits through
10the appropriate State retirement system or benefits under the
11Workers' Compensation or Occupational Disease Act.
12    (d) The basic group life insurance coverage shall continue,
13with full State contribution, where such person is (1) absent
14from active service by reason of disability arising from any
15cause other than self-inflicted, (2) on authorized educational
16leave of absence or sabbatical leave, or (3) on military leave.
17    (e) Where the person is in non-pay status for a period in
18excess of 30 days or on leave of absence, other than by reason
19of disability, educational or sabbatical leave, or military
20leave, such person may continue coverage only by making
21personal payment equal to the amount normally contributed by
22the State on such person's behalf. Such payments and coverage
23may be continued: (1) until such time as the person returns to
24a status eligible for coverage at State expense, but not to
25exceed 24 months or (2) until such person's employment or
26annuitant status with the State is terminated (exclusive of any

 

 

SB1820- 23 -LRB100 10677 RPS 20901 b

1additional service imposed pursuant to law).
2    (f) The Department shall establish by rule the extent to
3which other employee benefits will continue for persons in
4non-pay status or who are not in active service.
5    (g) The State shall not pay the cost of the basic
6non-contributory group life insurance, program of health
7benefits and other employee benefits for members who are
8survivors as defined by paragraphs (1) and (2) of subsection
9(q) of Section 3 of this Act. The costs of benefits for these
10survivors shall be paid by the survivors or by the University
11of Illinois Cooperative Extension Service, or any combination
12thereof. However, the State shall pay the amount of the
13reduction in the cost of participation, if any, resulting from
14the amendment to subsection (a) made by this amendatory Act of
15the 91st General Assembly.
16    (h) Those persons occupying positions with any department
17as a result of emergency appointments pursuant to Section 8b.8
18of the Personnel Code who are not considered employees under
19this Act shall be given the option of participating in the
20programs of group life insurance, health benefits and other
21employee benefits. Such persons electing coverage may
22participate only by making payment equal to the amount normally
23contributed by the State for similarly situated employees. Such
24amounts shall be determined by the Director. Such payments and
25coverage may be continued until such time as the person becomes
26an employee pursuant to this Act or such person's appointment

 

 

SB1820- 24 -LRB100 10677 RPS 20901 b

1is terminated.
2    (i) Any unit of local government within the State of
3Illinois may apply to the Director to have its employees,
4annuitants, and their dependents provided group health
5coverage under this Act on a non-insured basis. To participate,
6a unit of local government must agree to enroll all of its
7employees, who may select coverage under either the State group
8health benefits plan or a health maintenance organization that
9has contracted with the State to be available as a health care
10provider for employees as defined in this Act. A unit of local
11government must remit the entire cost of providing coverage
12under the State group health benefits plan or, for coverage
13under a health maintenance organization, an amount determined
14by the Director based on an analysis of the sex, age,
15geographic location, or other relevant demographic variables
16for its employees, except that the unit of local government
17shall not be required to enroll those of its employees who are
18covered spouses or dependents under this plan or another group
19policy or plan providing health benefits as long as (1) an
20appropriate official from the unit of local government attests
21that each employee not enrolled is a covered spouse or
22dependent under this plan or another group policy or plan, and
23(2) at least 50% of the employees are enrolled and the unit of
24local government remits the entire cost of providing coverage
25to those employees, except that a participating school district
26must have enrolled at least 50% of its full-time employees who

 

 

SB1820- 25 -LRB100 10677 RPS 20901 b

1have not waived coverage under the district's group health plan
2by participating in a component of the district's cafeteria
3plan. A participating school district is not required to enroll
4a full-time employee who has waived coverage under the
5district's health plan, provided that an appropriate official
6from the participating school district attests that the
7full-time employee has waived coverage by participating in a
8component of the district's cafeteria plan. For the purposes of
9this subsection, "participating school district" includes a
10unit of local government whose primary purpose is education as
11defined by the Department's rules.
12    Employees of a participating unit of local government who
13are not enrolled due to coverage under another group health
14policy or plan may enroll in the event of a qualifying change
15in status, special enrollment, special circumstance as defined
16by the Director, or during the annual Benefit Choice Period. A
17participating unit of local government may also elect to cover
18its annuitants. Dependent coverage shall be offered on an
19optional basis, with the costs paid by the unit of local
20government, its employees, or some combination of the two as
21determined by the unit of local government. The unit of local
22government shall be responsible for timely collection and
23transmission of dependent premiums.
24    The Director shall annually determine monthly rates of
25payment, subject to the following constraints:
26        (1) In the first year of coverage, the rates shall be

 

 

SB1820- 26 -LRB100 10677 RPS 20901 b

1    equal to the amount normally charged to State employees for
2    elected optional coverages or for enrolled dependents
3    coverages or other contributory coverages, or contributed
4    by the State for basic insurance coverages on behalf of its
5    employees, adjusted for differences between State
6    employees and employees of the local government in age,
7    sex, geographic location or other relevant demographic
8    variables, plus an amount sufficient to pay for the
9    additional administrative costs of providing coverage to
10    employees of the unit of local government and their
11    dependents.
12        (2) In subsequent years, a further adjustment shall be
13    made to reflect the actual prior years' claims experience
14    of the employees of the unit of local government.
15    In the case of coverage of local government employees under
16a health maintenance organization, the Director shall annually
17determine for each participating unit of local government the
18maximum monthly amount the unit may contribute toward that
19coverage, based on an analysis of (i) the age, sex, geographic
20location, and other relevant demographic variables of the
21unit's employees and (ii) the cost to cover those employees
22under the State group health benefits plan. The Director may
23similarly determine the maximum monthly amount each unit of
24local government may contribute toward coverage of its
25employees' dependents under a health maintenance organization.
26    Monthly payments by the unit of local government or its

 

 

SB1820- 27 -LRB100 10677 RPS 20901 b

1employees for group health benefits plan or health maintenance
2organization coverage shall be deposited in the Local
3Government Health Insurance Reserve Fund.
4    The Local Government Health Insurance Reserve Fund is
5hereby created as a nonappropriated trust fund to be held
6outside the State Treasury, with the State Treasurer as
7custodian. The Local Government Health Insurance Reserve Fund
8shall be a continuing fund not subject to fiscal year
9limitations. The Local Government Health Insurance Reserve
10Fund is not subject to administrative charges or charge-backs,
11including but not limited to those authorized under Section 8h
12of the State Finance Act. All revenues arising from the
13administration of the health benefits program established
14under this Section shall be deposited into the Local Government
15Health Insurance Reserve Fund. Any interest earned on moneys in
16the Local Government Health Insurance Reserve Fund shall be
17deposited into the Fund. All expenditures from this Fund shall
18be used for payments for health care benefits for local
19government and rehabilitation facility employees, annuitants,
20and dependents, and to reimburse the Department or its
21administrative service organization for all expenses incurred
22in the administration of benefits. No other State funds may be
23used for these purposes.
24    A local government employer's participation or desire to
25participate in a program created under this subsection shall
26not limit that employer's duty to bargain with the

 

 

SB1820- 28 -LRB100 10677 RPS 20901 b

1representative of any collective bargaining unit of its
2employees.
3    (j) Any rehabilitation facility within the State of
4Illinois may apply to the Director to have its employees,
5annuitants, and their eligible dependents provided group
6health coverage under this Act on a non-insured basis. To
7participate, a rehabilitation facility must agree to enroll all
8of its employees and remit the entire cost of providing such
9coverage for its employees, except that the rehabilitation
10facility shall not be required to enroll those of its employees
11who are covered spouses or dependents under this plan or
12another group policy or plan providing health benefits as long
13as (1) an appropriate official from the rehabilitation facility
14attests that each employee not enrolled is a covered spouse or
15dependent under this plan or another group policy or plan, and
16(2) at least 50% of the employees are enrolled and the
17rehabilitation facility remits the entire cost of providing
18coverage to those employees. Employees of a participating
19rehabilitation facility who are not enrolled due to coverage
20under another group health policy or plan may enroll in the
21event of a qualifying change in status, special enrollment,
22special circumstance as defined by the Director, or during the
23annual Benefit Choice Period. A participating rehabilitation
24facility may also elect to cover its annuitants. Dependent
25coverage shall be offered on an optional basis, with the costs
26paid by the rehabilitation facility, its employees, or some

 

 

SB1820- 29 -LRB100 10677 RPS 20901 b

1combination of the 2 as determined by the rehabilitation
2facility. The rehabilitation facility shall be responsible for
3timely collection and transmission of dependent premiums.
4    The Director shall annually determine quarterly rates of
5payment, subject to the following constraints:
6        (1) In the first year of coverage, the rates shall be
7    equal to the amount normally charged to State employees for
8    elected optional coverages or for enrolled dependents
9    coverages or other contributory coverages on behalf of its
10    employees, adjusted for differences between State
11    employees and employees of the rehabilitation facility in
12    age, sex, geographic location or other relevant
13    demographic variables, plus an amount sufficient to pay for
14    the additional administrative costs of providing coverage
15    to employees of the rehabilitation facility and their
16    dependents.
17        (2) In subsequent years, a further adjustment shall be
18    made to reflect the actual prior years' claims experience
19    of the employees of the rehabilitation facility.
20    Monthly payments by the rehabilitation facility or its
21employees for group health benefits shall be deposited in the
22Local Government Health Insurance Reserve Fund.
23    (k) Any domestic violence shelter or service within the
24State of Illinois may apply to the Director to have its
25employees, annuitants, and their dependents provided group
26health coverage under this Act on a non-insured basis. To

 

 

SB1820- 30 -LRB100 10677 RPS 20901 b

1participate, a domestic violence shelter or service must agree
2to enroll all of its employees and pay the entire cost of
3providing such coverage for its employees. The domestic
4violence shelter shall not be required to enroll those of its
5employees who are covered spouses or dependents under this plan
6or another group policy or plan providing health benefits as
7long as (1) an appropriate official from the domestic violence
8shelter attests that each employee not enrolled is a covered
9spouse or dependent under this plan or another group policy or
10plan and (2) at least 50% of the employees are enrolled and the
11domestic violence shelter remits the entire cost of providing
12coverage to those employees. Employees of a participating
13domestic violence shelter who are not enrolled due to coverage
14under another group health policy or plan may enroll in the
15event of a qualifying change in status, special enrollment, or
16special circumstance as defined by the Director or during the
17annual Benefit Choice Period. A participating domestic
18violence shelter may also elect to cover its annuitants.
19Dependent coverage shall be offered on an optional basis, with
20employees, or some combination of the 2 as determined by the
21domestic violence shelter or service. The domestic violence
22shelter or service shall be responsible for timely collection
23and transmission of dependent premiums.
24    The Director shall annually determine rates of payment,
25subject to the following constraints:
26        (1) In the first year of coverage, the rates shall be

 

 

SB1820- 31 -LRB100 10677 RPS 20901 b

1    equal to the amount normally charged to State employees for
2    elected optional coverages or for enrolled dependents
3    coverages or other contributory coverages on behalf of its
4    employees, adjusted for differences between State
5    employees and employees of the domestic violence shelter or
6    service in age, sex, geographic location or other relevant
7    demographic variables, plus an amount sufficient to pay for
8    the additional administrative costs of providing coverage
9    to employees of the domestic violence shelter or service
10    and their dependents.
11        (2) In subsequent years, a further adjustment shall be
12    made to reflect the actual prior years' claims experience
13    of the employees of the domestic violence shelter or
14    service.
15    Monthly payments by the domestic violence shelter or
16service or its employees for group health insurance shall be
17deposited in the Local Government Health Insurance Reserve
18Fund.
19    (l) A public community college or entity organized pursuant
20to the Public Community College Act may apply to the Director
21initially to have only annuitants not covered prior to July 1,
221992 by the district's health plan provided health coverage
23under this Act on a non-insured basis. The community college
24must execute a 2-year contract to participate in the Local
25Government Health Plan. Any annuitant may enroll in the event
26of a qualifying change in status, special enrollment, special

 

 

SB1820- 32 -LRB100 10677 RPS 20901 b

1circumstance as defined by the Director, or during the annual
2Benefit Choice Period.
3    The Director shall annually determine monthly rates of
4payment subject to the following constraints: for those
5community colleges with annuitants only enrolled, first year
6rates shall be equal to the average cost to cover claims for a
7State member adjusted for demographics, Medicare
8participation, and other factors; and in the second year, a
9further adjustment of rates shall be made to reflect the actual
10first year's claims experience of the covered annuitants.
11    (l-5) The provisions of subsection (l) become inoperative
12on July 1, 1999.
13    (m) The Director shall adopt any rules deemed necessary for
14implementation of this amendatory Act of 1989 (Public Act
1586-978).
16    (n) Any child advocacy center within the State of Illinois
17may apply to the Director to have its employees, annuitants,
18and their dependents provided group health coverage under this
19Act on a non-insured basis. To participate, a child advocacy
20center must agree to enroll all of its employees and pay the
21entire cost of providing coverage for its employees. The child
22advocacy center shall not be required to enroll those of its
23employees who are covered spouses or dependents under this plan
24or another group policy or plan providing health benefits as
25long as (1) an appropriate official from the child advocacy
26center attests that each employee not enrolled is a covered

 

 

SB1820- 33 -LRB100 10677 RPS 20901 b

1spouse or dependent under this plan or another group policy or
2plan and (2) at least 50% of the employees are enrolled and the
3child advocacy center remits the entire cost of providing
4coverage to those employees. Employees of a participating child
5advocacy center who are not enrolled due to coverage under
6another group health policy or plan may enroll in the event of
7a qualifying change in status, special enrollment, or special
8circumstance as defined by the Director or during the annual
9Benefit Choice Period. A participating child advocacy center
10may also elect to cover its annuitants. Dependent coverage
11shall be offered on an optional basis, with the costs paid by
12the child advocacy center, its employees, or some combination
13of the 2 as determined by the child advocacy center. The child
14advocacy center shall be responsible for timely collection and
15transmission of dependent premiums.
16    The Director shall annually determine rates of payment,
17subject to the following constraints:
18        (1) In the first year of coverage, the rates shall be
19    equal to the amount normally charged to State employees for
20    elected optional coverages or for enrolled dependents
21    coverages or other contributory coverages on behalf of its
22    employees, adjusted for differences between State
23    employees and employees of the child advocacy center in
24    age, sex, geographic location, or other relevant
25    demographic variables, plus an amount sufficient to pay for
26    the additional administrative costs of providing coverage

 

 

SB1820- 34 -LRB100 10677 RPS 20901 b

1    to employees of the child advocacy center and their
2    dependents.
3        (2) In subsequent years, a further adjustment shall be
4    made to reflect the actual prior years' claims experience
5    of the employees of the child advocacy center.
6    Monthly payments by the child advocacy center or its
7employees for group health insurance shall be deposited into
8the Local Government Health Insurance Reserve Fund.
9(Source: P.A. 97-695, eff. 7-1-12; 98-488, eff. 8-16-13.)
 
10    Section 10. The Illinois Finance Authority Act is amended
11by changing Section 801-40 as follows:
 
12    (20 ILCS 3501/801-40)
13    Sec. 801-40. In addition to the powers otherwise authorized
14by law and in addition to the foregoing general corporate
15powers, the Authority shall also have the following additional
16specific powers to be exercised in furtherance of the purposes
17of this Act.
18    (a) The Authority shall have power (i) to accept grants,
19loans or appropriations from the federal government or the
20State, or any agency or instrumentality thereof, to be used for
21the operating expenses of the Authority, or for any purposes of
22the Authority, including the making of direct loans of such
23funds with respect to projects, and (ii) to enter into any
24agreement with the federal government or the State, or any

 

 

SB1820- 35 -LRB100 10677 RPS 20901 b

1agency or instrumentality thereof, in relationship to such
2grants, loans or appropriations.
3    (b) The Authority shall have power to procure and enter
4into contracts for any type of insurance and indemnity
5agreements covering loss or damage to property from any cause,
6including loss of use and occupancy, or covering any other
7insurable risk.
8    (c) The Authority shall have the continuing power to issue
9bonds for its corporate purposes. Bonds may be issued by the
10Authority in one or more series and may provide for the payment
11of any interest deemed necessary on such bonds, of the costs of
12issuance of such bonds, of any premium on any insurance, or of
13the cost of any guarantees, letters of credit or other similar
14documents, may provide for the funding of the reserves deemed
15necessary in connection with such bonds, and may provide for
16the refunding or advance refunding of any bonds or for accounts
17deemed necessary in connection with any purpose of the
18Authority. The bonds may bear interest payable at any time or
19times and at any rate or rates, notwithstanding any other
20provision of law to the contrary, and such rate or rates may be
21established by an index or formula which may be implemented or
22established by persons appointed or retained therefor by the
23Authority, or may bear no interest or may bear interest payable
24at maturity or upon redemption prior to maturity, may bear such
25date or dates, may be payable at such time or times and at such
26place or places, may mature at any time or times not later than

 

 

SB1820- 36 -LRB100 10677 RPS 20901 b

140 years from the date of issuance, may be sold at public or
2private sale at such time or times and at such price or prices,
3may be secured by such pledges, reserves, guarantees, letters
4of credit, insurance contracts or other similar credit support
5or liquidity instruments, may be executed in such manner, may
6be subject to redemption prior to maturity, may provide for the
7registration of the bonds, and may be subject to such other
8terms and conditions all as may be provided by the resolution
9or indenture authorizing the issuance of such bonds. The holder
10or holders of any bonds issued by the Authority may bring suits
11at law or proceedings in equity to compel the performance and
12observance by any person or by the Authority or any of its
13agents or employees of any contract or covenant made with the
14holders of such bonds and to compel such person or the
15Authority and any of its agents or employees to perform any
16duties required to be performed for the benefit of the holders
17of any such bonds by the provision of the resolution
18authorizing their issuance, and to enjoin such person or the
19Authority and any of its agents or employees from taking any
20action in conflict with any such contract or covenant.
21Notwithstanding the form and tenor of any such bonds and in the
22absence of any express recital on the face thereof that it is
23non-negotiable, all such bonds shall be negotiable
24instruments. Pending the preparation and execution of any such
25bonds, temporary bonds may be issued as provided by the
26resolution. The bonds shall be sold by the Authority in such

 

 

SB1820- 37 -LRB100 10677 RPS 20901 b

1manner as it shall determine. The bonds may be secured as
2provided in the authorizing resolution by the receipts,
3revenues, income and other available funds of the Authority and
4by any amounts derived by the Authority from the loan agreement
5or lease agreement with respect to the project or projects; and
6bonds may be issued as general obligations of the Authority
7payable from such revenues, funds and obligations of the
8Authority as the bond resolution shall provide, or may be
9issued as limited obligations with a claim for payment solely
10from such revenues, funds and obligations as the bond
11resolution shall provide. The Authority may grant a specific
12pledge or assignment of and lien on or security interest in
13such rights, revenues, income, or amounts and may grant a
14specific pledge or assignment of and lien on or security
15interest in any reserves, funds or accounts established in the
16resolution authorizing the issuance of bonds. Any such pledge,
17assignment, lien or security interest for the benefit of the
18holders of the Authority's bonds shall be valid and binding
19from the time the bonds are issued without any physical
20delivery or further act, and shall be valid and binding as
21against and prior to the claims of all other parties having
22claims against the Authority or any other person irrespective
23of whether the other parties have notice of the pledge,
24assignment, lien or security interest. As evidence of such
25pledge, assignment, lien and security interest, the Authority
26may execute and deliver a mortgage, trust agreement, indenture

 

 

SB1820- 38 -LRB100 10677 RPS 20901 b

1or security agreement or an assignment thereof. A remedy for
2any breach or default of the terms of any such agreement by the
3Authority may be by mandamus proceedings in any court of
4competent jurisdiction to compel the performance and
5compliance therewith, but the agreement may prescribe by whom
6or on whose behalf such action may be instituted. It is
7expressly understood that the Authority may, but need not,
8acquire title to any project with respect to which it exercises
9its authority.
10    (c-5) The Authority shall have the power to issue State
11Pension Obligation Acceleration Bonds if in any fiscal year the
12amount appropriated for all accelerated pension benefit
13payments and partial accelerated pension benefit payments are
14less than the amount required for those payments. The proceeds
15from the State Pension Obligation Acceleration Bonds issued
16under this subsection may only be used to pay for accelerated
17pension benefit payments and partial accelerated pension
18benefit payments for the fiscal year in which the State Pension
19Obligation Acceleration Bonds are issued.
20    The Authority shall not have outstanding at any one time
21State Pension Obligation Acceleration Bonds for any of the
22purposes of this subsection in an aggregate principal amount
23exceeding $250,000,000, excluding bonds issued to refund
24outstanding State Pension Obligation Acceleration Bonds.
25    (d) With respect to the powers granted by this Act, the
26Authority may adopt rules and regulations prescribing the

 

 

SB1820- 39 -LRB100 10677 RPS 20901 b

1procedures by which persons may apply for assistance under this
2Act. Nothing herein shall be deemed to preclude the Authority,
3prior to the filing of any formal application, from conducting
4preliminary discussions and investigations with respect to the
5subject matter of any prospective application.
6    (e) The Authority shall have power to acquire by purchase,
7lease, gift or otherwise any property or rights therein from
8any person useful for its purposes, whether improved for the
9purposes of any prospective project, or unimproved. The
10Authority may also accept any donation of funds for its
11purposes from any such source. The Authority shall have no
12independent power of condemnation but may acquire any property
13or rights therein obtained upon condemnation by any other
14authority, governmental entity or unit of local government with
15such power.
16    (f) The Authority shall have power to develop, construct
17and improve either under its own direction, or through
18collaboration with any approved applicant, or to acquire
19through purchase or otherwise, any project, using for such
20purpose the proceeds derived from the sale of its bonds or from
21governmental loans or grants, and to hold title in the name of
22the Authority to such projects.
23    (g) The Authority shall have power to lease pursuant to a
24lease agreement any project so developed and constructed or
25acquired to the approved tenant on such terms and conditions as
26may be appropriate to further the purposes of this Act and to

 

 

SB1820- 40 -LRB100 10677 RPS 20901 b

1maintain the credit of the Authority. Any such lease may
2provide for either the Authority or the approved tenant to
3assume initially, in whole or in part, the costs of
4maintenance, repair and improvements during the leasehold
5period. In no case, however, shall the total rentals from any
6project during any initial leasehold period or the total loan
7repayments to be made pursuant to any loan agreement, be less
8than an amount necessary to return over such lease or loan
9period (1) all costs incurred in connection with the
10development, construction, acquisition or improvement of the
11project and for repair, maintenance and improvements thereto
12during the period of the lease or loan; provided, however, that
13the rentals or loan repayments need not include costs met
14through the use of funds other than those obtained by the
15Authority through the issuance of its bonds or governmental
16loans; (2) a reasonable percentage additive to be agreed upon
17by the Authority and the borrower or tenant to cover a properly
18allocable portion of the Authority's general expenses,
19including, but not limited to, administrative expenses,
20salaries and general insurance, and (3) an amount sufficient to
21pay when due all principal of, interest and premium, if any on,
22any bonds issued by the Authority with respect to the project.
23The portion of total rentals payable under clause (3) of this
24subsection (g) shall be deposited in such special accounts,
25including all sinking funds, acquisition or construction
26funds, debt service and other funds as provided by any

 

 

SB1820- 41 -LRB100 10677 RPS 20901 b

1resolution, mortgage or trust agreement of the Authority
2pursuant to which any bond is issued.
3    (h) The Authority has the power, upon the termination of
4any leasehold period of any project, to sell or lease for a
5further term or terms such project on such terms and conditions
6as the Authority shall deem reasonable and consistent with the
7purposes of the Act. The net proceeds from all such sales and
8the revenues or income from such leases shall be used to
9satisfy any indebtedness of the Authority with respect to such
10project and any balance may be used to pay any expenses of the
11Authority or be used for the further development, construction,
12acquisition or improvement of projects. In the event any
13project is vacated by a tenant prior to the termination of the
14initial leasehold period, the Authority shall sell or lease the
15facilities of the project on the most advantageous terms
16available. The net proceeds of any such disposition shall be
17treated in the same manner as the proceeds from sales or the
18revenues or income from leases subsequent to the termination of
19any initial leasehold period.
20    (i) The Authority shall have the power to make loans to
21persons to finance a project, to enter into loan agreements
22with respect thereto, and to accept guarantees from persons of
23its loans or the resultant evidences of obligations of the
24Authority.
25    (j) The Authority may fix, determine, charge and collect
26any premiums, fees, charges, costs and expenses, including,

 

 

SB1820- 42 -LRB100 10677 RPS 20901 b

1without limitation, any application fees, commitment fees,
2program fees, financing charges or publication fees from any
3person in connection with its activities under this Act.
4    (k) In addition to the funds established as provided
5herein, the Authority shall have the power to create and
6establish such reserve funds and accounts as may be necessary
7or desirable to accomplish its purposes under this Act and to
8deposit its available monies into the funds and accounts.
9    (l) At the request of the governing body of any unit of
10local government, the Authority is authorized to market such
11local government's revenue bond offerings by preparing bond
12issues for sale, advertising for sealed bids, receiving bids at
13its offices, making the award to the bidder that offers the
14most favorable terms or arranging for negotiated placements or
15underwritings of such securities. The Authority may, at its
16discretion, offer for concurrent sale the revenue bonds of
17several local governments. Sales by the Authority of revenue
18bonds under this Section shall in no way imply State guarantee
19of such debt issue. The Authority may require such financial
20information from participating local governments as it deems
21necessary in order to carry out the purposes of this subsection
22(1).
23    (m) The Authority may make grants to any county to which
24Division 5-37 of the Counties Code is applicable to assist in
25the financing of capital development, construction and
26renovation of new or existing facilities for hospitals and

 

 

SB1820- 43 -LRB100 10677 RPS 20901 b

1health care facilities under that Act. Such grants may only be
2made from funds appropriated for such purposes from the Build
3Illinois Bond Fund.
4    (n) The Authority may establish an urban development action
5grant program for the purpose of assisting municipalities in
6Illinois which are experiencing severe economic distress to
7help stimulate economic development activities needed to aid in
8economic recovery. The Authority shall determine the types of
9activities and projects for which the urban development action
10grants may be used, provided that such projects and activities
11are broadly defined to include all reasonable projects and
12activities the primary objectives of which are the development
13of viable urban communities, including decent housing and a
14suitable living environment, and expansion of economic
15opportunity, principally for persons of low and moderate
16incomes. The Authority shall enter into grant agreements from
17monies appropriated for such purposes from the Build Illinois
18Bond Fund. The Authority shall monitor the use of the grants,
19and shall provide for audits of the funds as well as recovery
20by the Authority of any funds determined to have been spent in
21violation of this subsection (n) or any rule or regulation
22promulgated hereunder. The Authority shall provide technical
23assistance with regard to the effective use of the urban
24development action grants. The Authority shall file an annual
25report to the General Assembly concerning the progress of the
26grant program.

 

 

SB1820- 44 -LRB100 10677 RPS 20901 b

1    (o) The Authority may establish a Housing Partnership
2Program whereby the Authority provides zero-interest loans to
3municipalities for the purpose of assisting in the financing of
4projects for the rehabilitation of affordable multi-family
5housing for low and moderate income residents. The Authority
6may provide such loans only upon a municipality's providing
7evidence that it has obtained private funding for the
8rehabilitation project. The Authority shall provide 3 State
9dollars for every 7 dollars obtained by the municipality from
10sources other than the State of Illinois. The loans shall be
11made from monies appropriated for such purpose from the Build
12Illinois Bond Fund. The total amount of loans available under
13the Housing Partnership Program shall not exceed $30,000,000.
14State loan monies under this subsection shall be used only for
15the acquisition and rehabilitation of existing buildings
16containing 4 or more dwelling units. The terms of any loan made
17by the municipality under this subsection shall require
18repayment of the loan to the municipality upon any sale or
19other transfer of the project.
20    (p) The Authority may award grants to universities and
21research institutions, research consortiums and other
22not-for-profit entities for the purposes of: remodeling or
23otherwise physically altering existing laboratory or research
24facilities, expansion or physical additions to existing
25laboratory or research facilities, construction of new
26laboratory or research facilities or acquisition of modern

 

 

SB1820- 45 -LRB100 10677 RPS 20901 b

1equipment to support laboratory or research operations
2provided that such grants (i) be used solely in support of
3project and equipment acquisitions which enhance technology
4transfer, and (ii) not constitute more than 60 percent of the
5total project or acquisition cost.
6    (q) Grants may be awarded by the Authority to units of
7local government for the purpose of developing the appropriate
8infrastructure or defraying other costs to the local government
9in support of laboratory or research facilities provided that
10such grants may not exceed 40% of the cost to the unit of local
11government.
12    (r) The Authority may establish a Direct Loan Program to
13make loans to individuals, partnerships or corporations for the
14purpose of an industrial project, as defined in Section 801-10
15of this Act. For the purposes of such program and not by way of
16limitation on any other program of the Authority, the Authority
17shall have the power to issue bonds, notes, or other evidences
18of indebtedness including commercial paper for purposes of
19providing a fund of capital from which it may make such loans.
20The Authority shall have the power to use any appropriations
21from the State made especially for the Authority's Direct Loan
22Program for additional capital to make such loans or for the
23purposes of reserve funds or pledged funds which secure the
24Authority's obligations of repayment of any bond, note or other
25form of indebtedness established for the purpose of providing
26capital for which it intends to make such loans under the

 

 

SB1820- 46 -LRB100 10677 RPS 20901 b

1Direct Loan Program. For the purpose of obtaining such capital,
2the Authority may also enter into agreements with financial
3institutions and other persons for the purpose of selling loans
4and developing a secondary market for such loans. Loans made
5under the Direct Loan Program may be in an amount not to exceed
6$300,000 and shall be made for a portion of an industrial
7project which does not exceed 50% of the total project. No loan
8may be made by the Authority unless approved by the affirmative
9vote of at least 8 members of the board. The Authority shall
10establish procedures and publish rules which shall provide for
11the submission, review, and analysis of each direct loan
12application and which shall preserve the ability of each board
13member to reach an individual business judgment regarding the
14propriety of making each direct loan. The collective discretion
15of the board to approve or disapprove each loan shall be
16unencumbered. The Authority may establish and collect such fees
17and charges, determine and enforce such terms and conditions,
18and charge such interest rates as it determines to be necessary
19and appropriate to the successful administration of the Direct
20Loan Program. The Authority may require such interests in
21collateral and such guarantees as it determines are necessary
22to project the Authority's interest in the repayment of the
23principal and interest of each loan made under the Direct Loan
24Program.
25    (s) The Authority may guarantee private loans to third
26parties up to a specified dollar amount in order to promote

 

 

SB1820- 47 -LRB100 10677 RPS 20901 b

1economic development in this State.
2    (t) The Authority may adopt rules and regulations as may be
3necessary or advisable to implement the powers conferred by
4this Act.
5    (u) The Authority shall have the power to issue bonds,
6notes or other evidences of indebtedness, which may be used to
7make loans to units of local government which are authorized to
8enter into loan agreements and other documents and to issue
9bonds, notes and other evidences of indebtedness for the
10purpose of financing the protection of storm sewer outfalls,
11the construction of adequate storm sewer outfalls, and the
12provision for flood protection of sanitary sewage treatment
13plans, in counties that have established a stormwater
14management planning committee in accordance with Section
155-1062 of the Counties Code. Any such loan shall be made by the
16Authority pursuant to the provisions of Section 820-5 to 820-60
17of this Act. The unit of local government shall pay back to the
18Authority the principal amount of the loan, plus annual
19interest as determined by the Authority. The Authority shall
20have the power, subject to appropriations by the General
21Assembly, to subsidize or buy down a portion of the interest on
22such loans, up to 4% per annum.
23    (v) The Authority may accept security interests as provided
24in Sections 11-3 and 11-3.3 of the Illinois Public Aid Code.
25    (w) Moral Obligation. In the event that the Authority
26determines that monies of the Authority will not be sufficient

 

 

SB1820- 48 -LRB100 10677 RPS 20901 b

1for the payment of the principal of and interest on its bonds
2during the next State fiscal year, the Chairperson, as soon as
3practicable, shall certify to the Governor the amount required
4by the Authority to enable it to pay such principal of and
5interest on the bonds. The Governor shall submit the amount so
6certified to the General Assembly as soon as practicable, but
7no later than the end of the current State fiscal year. This
8subsection shall apply only to any bonds or notes as to which
9the Authority shall have determined, in the resolution
10authorizing the issuance of the bonds or notes, that this
11subsection shall apply. Whenever the Authority makes such a
12determination, that fact shall be plainly stated on the face of
13the bonds or notes and that fact shall also be reported to the
14Governor. In the event of a withdrawal of moneys from a reserve
15fund established with respect to any issue or issues of bonds
16of the Authority to pay principal or interest on those bonds,
17the Chairperson of the Authority, as soon as practicable, shall
18certify to the Governor the amount required to restore the
19reserve fund to the level required in the resolution or
20indenture securing those bonds. The Governor shall submit the
21amount so certified to the General Assembly as soon as
22practicable, but no later than the end of the current State
23fiscal year. The Authority shall obtain written approval from
24the Governor for any bonds and notes to be issued under this
25Section. In addition to any other bonds authorized to be issued
26under Sections 825-60, 825-65(e), 830-25 and 845-5, the

 

 

SB1820- 49 -LRB100 10677 RPS 20901 b

1principal amount of Authority bonds outstanding issued under
2this Section 801-40(w) or under 20 ILCS 3850/1-80 or 30 ILCS
3360/2-6(c), which have been assumed by the Authority, shall not
4exceed $150,000,000. This subsection (w) shall in no way be
5applied to any bonds issued by the Authority on behalf of the
6Illinois Power Agency under Section 825-90 of this Act.
7    (x) The Authority may enter into agreements or contracts
8with any person necessary or appropriate to place the payment
9obligations of the Authority under any of its bonds in whole or
10in part on any interest rate basis, cash flow basis, or other
11basis desired by the Authority, including without limitation
12agreements or contracts commonly known as "interest rate swap
13agreements", "forward payment conversion agreements", and
14"futures", or agreements or contracts to exchange cash flows or
15a series of payments, or agreements or contracts, including
16without limitation agreements or contracts commonly known as
17"options", "puts", or "calls", to hedge payment, rate spread,
18or similar exposure; provided that any such agreement or
19contract shall not constitute an obligation for borrowed money
20and shall not be taken into account under Section 845-5 of this
21Act or any other debt limit of the Authority or the State of
22Illinois.
23    (y) The Authority shall publish summaries of projects and
24actions approved by the members of the Authority on its
25website. These summaries shall include, but not be limited to,
26information regarding the:

 

 

SB1820- 50 -LRB100 10677 RPS 20901 b

1        (1) project;
2        (2) Board's action or actions;
3        (3) purpose of the project;
4        (4) Authority's program and contribution;
5        (5) volume cap;
6        (6) jobs retained;
7        (7) projected new jobs;
8        (8) construction jobs created;
9        (9) estimated sources and uses of funds;
10        (10) financing summary;
11        (11) project summary;
12        (12) business summary;
13        (13) ownership or economic disclosure statement;
14        (14) professional and financial information;
15        (15) service area; and
16        (16) legislative district.
17    The disclosure of information pursuant to this subsection
18shall comply with the Freedom of Information Act.
19(Source: P.A. 95-470, eff. 8-27-07; 95-481, eff. 8-28-07;
2095-876, eff. 8-21-08; 96-795, eff. 7-1-10 (see Section 5 of
21P.A. 96-793 for the effective date of changes made by P.A.
2296-795).)
 
23    Section 15. The State Finance Act is amended by adding
24Section 5.878 as follows:
 

 

 

SB1820- 51 -LRB100 10677 RPS 20901 b

1    (30 ILCS 105/5.878 new)
2    Sec. 5.878. The State Pension Obligation Acceleration Bond
3Fund.
 
4    Section 20. The General Obligation Bond Act is amended by
5changing Sections 2, 2.5, 9, 11, 12, and 13 and by adding
6Section 7.6 as follows:
 
7    (30 ILCS 330/2)  (from Ch. 127, par. 652)
8    Sec. 2. Authorization for Bonds. The State of Illinois is
9authorized to issue, sell and provide for the retirement of
10General Obligation Bonds of the State of Illinois for the
11categories and specific purposes expressed in Sections 2
12through 8 of this Act, in the total amount of $50,167,925,743
13$49,917,925,743.
14    The bonds authorized in this Section 2 and in Section 16 of
15this Act are herein called "Bonds".
16    Of the total amount of Bonds authorized in this Act, up to
17$2,200,000,000 in aggregate original principal amount may be
18issued and sold in accordance with the Baccalaureate Savings
19Act in the form of General Obligation College Savings Bonds.
20    Of the total amount of Bonds authorized in this Act, up to
21$300,000,000 in aggregate original principal amount may be
22issued and sold in accordance with the Retirement Savings Act
23in the form of General Obligation Retirement Savings Bonds.
24    Of the total amount of Bonds authorized in this Act, the

 

 

SB1820- 52 -LRB100 10677 RPS 20901 b

1additional $10,000,000,000 authorized by Public Act 93-2, the
2$3,466,000,000 authorized by Public Act 96-43, and the
3$4,096,348,300 authorized by Public Act 96-1497 shall be used
4solely as provided in Section 7.2.
5    Of the total amount of Bonds authorized in this Act, the
6additional $250,000,000 authorized by this amendatory Act of
7the 100th General Assembly shall be used solely as provided in
8Section 7.6.
9    The issuance and sale of Bonds pursuant to the General
10Obligation Bond Act is an economical and efficient method of
11financing the long-term capital needs of the State. This Act
12will permit the issuance of a multi-purpose General Obligation
13Bond with uniform terms and features. This will not only lower
14the cost of registration but also reduce the overall cost of
15issuing debt by improving the marketability of Illinois General
16Obligation Bonds.
17(Source: P.A. 97-333, eff. 8-12-11; 97-771, eff. 7-10-12;
1897-813, eff. 7-13-12; 98-94, eff. 7-17-13; 98-463, eff.
198-16-13; 98-781, eff. 7-22-14.)
 
20    (30 ILCS 330/2.5)
21    Sec. 2.5. Limitation on issuance of Bonds.
22    (a) Except as provided in subsection (b), no Bonds may be
23issued if, after the issuance, in the next State fiscal year
24after the issuance of the Bonds, the amount of debt service
25(including principal, whether payable at maturity or pursuant

 

 

SB1820- 53 -LRB100 10677 RPS 20901 b

1to mandatory sinking fund installments, and interest) on all
2then-outstanding Bonds, other than (i) Bonds authorized by this
3amendatory Act of the 100th General Assembly, (ii) Bonds
4authorized by Public Act 96-43, and (iii) other than Bonds
5authorized by Public Act 96-1497, would exceed 7% of the
6aggregate appropriations from the general funds (which consist
7of the General Revenue Fund, the Common School Fund, the
8General Revenue Common School Special Account Fund, and the
9Education Assistance Fund) and the Road Fund for the fiscal
10year immediately prior to the fiscal year of the issuance.
11    (b) If the Comptroller and Treasurer each consent in
12writing, Bonds may be issued even if the issuance does not
13comply with subsection (a). In addition, $2,000,000,000 in
14Bonds for the purposes set forth in Sections 3, 4, 5, 6, and 7,
15and $2,000,000,000 in Refunding Bonds under Section 16, may be
16issued during State fiscal year 2017 without complying with
17subsection (a).
18(Source: P.A. 99-523, eff. 6-30-16.)
 
19    (30 ILCS 330/7.6 new)
20    Sec. 7.6. State Pension Obligation Acceleration Bonds.
21    (a) As used in this Act, "State Pension Obligation
22Acceleration Bonds" means Bonds authorized by this amendatory
23Act of the 100th General Assembly and used for the purposes set
24forth in subsection (c-5) of Section 801-40 of the Illinois
25Finance Authority Act.

 

 

SB1820- 54 -LRB100 10677 RPS 20901 b

1    (b) State Pension Obligation Acceleration Bonds in the
2amount of $250,000,000 are hereby authorized to be used for the
3purposes set forth in subsection (c-5) of Section 801-40 of the
4Illinois Finance Authority Act.
5    (c) The proceeds of State Pension Obligation Acceleration
6Bonds authorized in subsection (b) of this Section, less the
7amounts authorized in the Bond Sale Order to be directly paid
8out for bond sale expenses under Section 8, shall be deposited
9directly into the State Pension Obligation Acceleration Bond
10Fund, and the Comptroller and the Treasurer shall, as soon as
11practical, make payments as contemplated by subsection (c-5) of
12Section 801-40 of the Illinois Finance Authority Act.
13    (d) There is created the State Pension Obligation
14Acceleration Bond Fund as a special fund in the State Treasury.
15Funds deposited in the State Pension Obligation Acceleration
16Bond Fund may only be used for the purposes set forth in
17subsection (c-5) of Section 801-40 of the Illinois Finance
18Authority Act or for the payment of principal and interest due
19on State Pension Obligation Acceleration Bonds.
 
20    (30 ILCS 330/9)  (from Ch. 127, par. 659)
21    Sec. 9. Conditions for Issuance and Sale of Bonds -
22Requirements for Bonds.
23    (a) Except as otherwise provided in this subsection and
24subsection (h), Bonds shall be issued and sold from time to
25time, in one or more series, in such amounts and at such prices

 

 

SB1820- 55 -LRB100 10677 RPS 20901 b

1as may be directed by the Governor, upon recommendation by the
2Director of the Governor's Office of Management and Budget.
3Bonds shall be in such form (either coupon, registered or book
4entry), in such denominations, payable within 25 years from
5their date, subject to such terms of redemption with or without
6premium, bear interest payable at such times and at such fixed
7or variable rate or rates, and be dated as shall be fixed and
8determined by the Director of the Governor's Office of
9Management and Budget in the order authorizing the issuance and
10sale of any series of Bonds, which order shall be approved by
11the Governor and is herein called a "Bond Sale Order"; provided
12however, that interest payable at fixed or variable rates shall
13not exceed that permitted in the Bond Authorization Act, as now
14or hereafter amended. Bonds shall be payable at such place or
15places, within or without the State of Illinois, and may be
16made registrable as to either principal or as to both principal
17and interest, as shall be specified in the Bond Sale Order.
18Bonds may be callable or subject to purchase and retirement or
19tender and remarketing as fixed and determined in the Bond Sale
20Order. Bonds, other than Bonds issued under Section 3 of this
21Act for the costs associated with the purchase and
22implementation of information technology, (i) except for
23refunding Bonds satisfying the requirements of Section 16 of
24this Act and sold during fiscal year 2009, 2010, 2011, or 2017
25must be issued with principal or mandatory redemption amounts
26in equal amounts, with the first maturity issued occurring

 

 

SB1820- 56 -LRB100 10677 RPS 20901 b

1within the fiscal year in which the Bonds are issued or within
2the next succeeding fiscal year and (ii) must mature or be
3subject to mandatory redemption each fiscal year thereafter up
4to 25 years, except for refunding Bonds satisfying the
5requirements of Section 16 of this Act and sold during fiscal
6year 2009, 2010, or 2011 which must mature or be subject to
7mandatory redemption each fiscal year thereafter up to 16
8years. Bonds issued under Section 3 of this Act for the costs
9associated with the purchase and implementation of information
10technology must be issued with principal or mandatory
11redemption amounts in equal amounts, with the first maturity
12issued occurring with the fiscal year in which the respective
13bonds are issued or with the next succeeding fiscal year, with
14the respective bonds issued maturing or subject to mandatory
15redemption each fiscal year thereafter up to 10 years.
16Notwithstanding any provision of this Act to the contrary, the
17Bonds authorized by Public Act 96-43 shall be payable within 5
18years from their date and must be issued with principal or
19mandatory redemption amounts in equal amounts, with payment of
20principal or mandatory redemption beginning in the first fiscal
21year following the fiscal year in which the Bonds are issued.
22    Notwithstanding any provision of this Act to the contrary,
23the Bonds authorized by Public Act 96-1497 shall be payable
24within 8 years from their date and shall be issued with payment
25of maturing principal or scheduled mandatory redemptions in
26accordance with the following schedule, except the following

 

 

SB1820- 57 -LRB100 10677 RPS 20901 b

1amounts shall be prorated if less than the total additional
2amount of Bonds authorized by Public Act 96-1497 are issued:
3    Fiscal Year After Issuance    Amount
4        1-2                        $0 
5        3                          $110,712,120
6        4                          $332,136,360
7        5                          $664,272,720
8        6-8                        $996,409,080
9    In the case of any series of Bonds bearing interest at a
10variable interest rate ("Variable Rate Bonds"), in lieu of
11determining the rate or rates at which such series of Variable
12Rate Bonds shall bear interest and the price or prices at which
13such Variable Rate Bonds shall be initially sold or remarketed
14(in the event of purchase and subsequent resale), the Bond Sale
15Order may provide that such interest rates and prices may vary
16from time to time depending on criteria established in such
17Bond Sale Order, which criteria may include, without
18limitation, references to indices or variations in interest
19rates as may, in the judgment of a remarketing agent, be
20necessary to cause Variable Rate Bonds of such series to be
21remarketable from time to time at a price equal to their
22principal amount, and may provide for appointment of a bank,
23trust company, investment bank, or other financial institution
24to serve as remarketing agent in that connection. The Bond Sale
25Order may provide that alternative interest rates or provisions
26for establishing alternative interest rates, different

 

 

SB1820- 58 -LRB100 10677 RPS 20901 b

1security or claim priorities, or different call or amortization
2provisions will apply during such times as Variable Rate Bonds
3of any series are held by a person providing credit or
4liquidity enhancement arrangements for such Bonds as
5authorized in subsection (b) of this Section. The Bond Sale
6Order may also provide for such variable interest rates to be
7established pursuant to a process generally known as an auction
8rate process and may provide for appointment of one or more
9financial institutions to serve as auction agents and
10broker-dealers in connection with the establishment of such
11interest rates and the sale and remarketing of such Bonds.
12    (b) In connection with the issuance of any series of Bonds,
13the State may enter into arrangements to provide additional
14security and liquidity for such Bonds, including, without
15limitation, bond or interest rate insurance or letters of
16credit, lines of credit, bond purchase contracts, or other
17arrangements whereby funds are made available to retire or
18purchase Bonds, thereby assuring the ability of owners of the
19Bonds to sell or redeem their Bonds. The State may enter into
20contracts and may agree to pay fees to persons providing such
21arrangements, but only under circumstances where the Director
22of the Governor's Office of Management and Budget certifies
23that he or she reasonably expects the total interest paid or to
24be paid on the Bonds, together with the fees for the
25arrangements (being treated as if interest), would not, taken
26together, cause the Bonds to bear interest, calculated to their

 

 

SB1820- 59 -LRB100 10677 RPS 20901 b

1stated maturity, at a rate in excess of the rate that the Bonds
2would bear in the absence of such arrangements.
3    The State may, with respect to Bonds issued or anticipated
4to be issued, participate in and enter into arrangements with
5respect to interest rate protection or exchange agreements,
6guarantees, or financial futures contracts for the purpose of
7limiting, reducing, or managing interest rate exposure. The
8authority granted under this paragraph, however, shall not
9increase the principal amount of Bonds authorized to be issued
10by law. The arrangements may be executed and delivered by the
11Director of the Governor's Office of Management and Budget on
12behalf of the State. Net payments for such arrangements shall
13constitute interest on the Bonds and shall be paid from the
14General Obligation Bond Retirement and Interest Fund. The
15Director of the Governor's Office of Management and Budget
16shall at least annually certify to the Governor and the State
17Comptroller his or her estimate of the amounts of such net
18payments to be included in the calculation of interest required
19to be paid by the State.
20    (c) Prior to the issuance of any Variable Rate Bonds
21pursuant to subsection (a), the Director of the Governor's
22Office of Management and Budget shall adopt an interest rate
23risk management policy providing that the amount of the State's
24variable rate exposure with respect to Bonds shall not exceed
2520%. This policy shall remain in effect while any Bonds are
26outstanding and the issuance of Bonds shall be subject to the

 

 

SB1820- 60 -LRB100 10677 RPS 20901 b

1terms of such policy. The terms of this policy may be amended
2from time to time by the Director of the Governor's Office of
3Management and Budget but in no event shall any amendment cause
4the permitted level of the State's variable rate exposure with
5respect to Bonds to exceed 20%.
6    (d) "Build America Bonds" in this Section means Bonds
7authorized by Section 54AA of the Internal Revenue Code of
81986, as amended ("Internal Revenue Code"), and bonds issued
9from time to time to refund or continue to refund "Build
10America Bonds".
11    (e) Notwithstanding any other provision of this Section,
12Qualified School Construction Bonds shall be issued and sold
13from time to time, in one or more series, in such amounts and
14at such prices as may be directed by the Governor, upon
15recommendation by the Director of the Governor's Office of
16Management and Budget. Qualified School Construction Bonds
17shall be in such form (either coupon, registered or book
18entry), in such denominations, payable within 25 years from
19their date, subject to such terms of redemption with or without
20premium, and if the Qualified School Construction Bonds are
21issued with a supplemental coupon, bear interest payable at
22such times and at such fixed or variable rate or rates, and be
23dated as shall be fixed and determined by the Director of the
24Governor's Office of Management and Budget in the order
25authorizing the issuance and sale of any series of Qualified
26School Construction Bonds, which order shall be approved by the

 

 

SB1820- 61 -LRB100 10677 RPS 20901 b

1Governor and is herein called a "Bond Sale Order"; except that
2interest payable at fixed or variable rates, if any, shall not
3exceed that permitted in the Bond Authorization Act, as now or
4hereafter amended. Qualified School Construction Bonds shall
5be payable at such place or places, within or without the State
6of Illinois, and may be made registrable as to either principal
7or as to both principal and interest, as shall be specified in
8the Bond Sale Order. Qualified School Construction Bonds may be
9callable or subject to purchase and retirement or tender and
10remarketing as fixed and determined in the Bond Sale Order.
11Qualified School Construction Bonds must be issued with
12principal or mandatory redemption amounts or sinking fund
13payments into the General Obligation Bond Retirement and
14Interest Fund (or subaccount therefor) in equal amounts, with
15the first maturity issued, mandatory redemption payment or
16sinking fund payment occurring within the fiscal year in which
17the Qualified School Construction Bonds are issued or within
18the next succeeding fiscal year, with Qualified School
19Construction Bonds issued maturing or subject to mandatory
20redemption or with sinking fund payments thereof deposited each
21fiscal year thereafter up to 25 years. Sinking fund payments
22set forth in this subsection shall be permitted only to the
23extent authorized in Section 54F of the Internal Revenue Code
24or as otherwise determined by the Director of the Governor's
25Office of Management and Budget. "Qualified School
26Construction Bonds" in this subsection means Bonds authorized

 

 

SB1820- 62 -LRB100 10677 RPS 20901 b

1by Section 54F of the Internal Revenue Code and for bonds
2issued from time to time to refund or continue to refund such
3"Qualified School Construction Bonds".
4    (f) Beginning with the next issuance by the Governor's
5Office of Management and Budget to the Procurement Policy Board
6of a request for quotation for the purpose of formulating a new
7pool of qualified underwriting banks list, all entities
8responding to such a request for quotation for inclusion on
9that list shall provide a written report to the Governor's
10Office of Management and Budget and the Illinois Comptroller.
11The written report submitted to the Comptroller shall (i) be
12published on the Comptroller's Internet website and (ii) be
13used by the Governor's Office of Management and Budget for the
14purposes of scoring such a request for quotation. The written
15report, at a minimum, shall:
16        (1) disclose whether, within the past 3 months,
17    pursuant to its credit default swap market-making
18    activities, the firm has entered into any State of Illinois
19    credit default swaps ("CDS");
20        (2) include, in the event of State of Illinois CDS
21    activity, disclosure of the firm's cumulative notional
22    volume of State of Illinois CDS trades and the firm's
23    outstanding gross and net notional amount of State of
24    Illinois CDS, as of the end of the current 3-month period;
25        (3) indicate, pursuant to the firm's proprietary
26    trading activities, disclosure of whether the firm, within

 

 

SB1820- 63 -LRB100 10677 RPS 20901 b

1    the past 3 months, has entered into any proprietary trades
2    for its own account in State of Illinois CDS;
3        (4) include, in the event of State of Illinois
4    proprietary trades, disclosure of the firm's outstanding
5    gross and net notional amount of proprietary State of
6    Illinois CDS and whether the net position is short or long
7    credit protection, as of the end of the current 3-month
8    period;
9        (5) list all time periods during the past 3 months
10    during which the firm held net long or net short State of
11    Illinois CDS proprietary credit protection positions, the
12    amount of such positions, and whether those positions were
13    net long or net short credit protection positions; and
14        (6) indicate whether, within the previous 3 months, the
15    firm released any publicly available research or marketing
16    reports that reference State of Illinois CDS and include
17    those research or marketing reports as attachments.
18    (g) All entities included on a Governor's Office of
19Management and Budget's pool of qualified underwriting banks
20list shall, as soon as possible after March 18, 2011 (the
21effective date of Public Act 96-1554), but not later than
22January 21, 2011, and on a quarterly fiscal basis thereafter,
23provide a written report to the Governor's Office of Management
24and Budget and the Illinois Comptroller. The written reports
25submitted to the Comptroller shall be published on the
26Comptroller's Internet website. The written reports, at a

 

 

SB1820- 64 -LRB100 10677 RPS 20901 b

1minimum, shall:
2        (1) disclose whether, within the past 3 months,
3    pursuant to its credit default swap market-making
4    activities, the firm has entered into any State of Illinois
5    credit default swaps ("CDS");
6        (2) include, in the event of State of Illinois CDS
7    activity, disclosure of the firm's cumulative notional
8    volume of State of Illinois CDS trades and the firm's
9    outstanding gross and net notional amount of State of
10    Illinois CDS, as of the end of the current 3-month period;
11        (3) indicate, pursuant to the firm's proprietary
12    trading activities, disclosure of whether the firm, within
13    the past 3 months, has entered into any proprietary trades
14    for its own account in State of Illinois CDS;
15        (4) include, in the event of State of Illinois
16    proprietary trades, disclosure of the firm's outstanding
17    gross and net notional amount of proprietary State of
18    Illinois CDS and whether the net position is short or long
19    credit protection, as of the end of the current 3-month
20    period;
21        (5) list all time periods during the past 3 months
22    during which the firm held net long or net short State of
23    Illinois CDS proprietary credit protection positions, the
24    amount of such positions, and whether those positions were
25    net long or net short credit protection positions; and
26        (6) indicate whether, within the previous 3 months, the

 

 

SB1820- 65 -LRB100 10677 RPS 20901 b

1    firm released any publicly available research or marketing
2    reports that reference State of Illinois CDS and include
3    those research or marketing reports as attachments.
4    (h) Notwithstanding any other provision of this Section,
5for purposes of maximizing market efficiencies and cost
6savings, State Pension Obligation Acceleration Bonds may be
7issued and sold from time to time, in one or more series, in
8such amounts and at such prices as may be directed by the
9Governor, upon recommendation by the Director of the Governor's
10Office of Management and Budget. State Pension Obligation
11Acceleration Bonds shall be in such form, either coupon,
12registered, or book entry, in such denominations, shall bear
13interest payable at such times and at such fixed or variable
14rate or rates, and be dated as shall be fixed and determined by
15the Director of the Governor's Office of Management and Budget
16in the order authorizing the issuance and sale of any series of
17State Pension Obligation Acceleration Bonds, which order shall
18be approved by the Governor and is herein called a "Bond Sale
19Order"; provided, however, that interest payable at fixed or
20variable rates shall not exceed that permitted in the Bond
21Authorization Act. State Pension Obligation Acceleration Bonds
22shall be payable at such place or places, within or without the
23State of Illinois, and may be made registrable as to either
24principal or as to both principal and interest, as shall be
25specified in the Bond Sale Order. State Pension Obligation
26Acceleration Bonds may be callable or subject to purchase and

 

 

SB1820- 66 -LRB100 10677 RPS 20901 b

1retirement or tender and remarketing as fixed and determined in
2the Bond Sale Order.
3(Source: P.A. 99-523, eff. 6-30-16.)
 
4    (30 ILCS 330/11)  (from Ch. 127, par. 661)
5    Sec. 11. Sale of Bonds. Except as otherwise provided in
6this Section, Bonds shall be sold from time to time pursuant to
7notice of sale and public bid or by negotiated sale in such
8amounts and at such times as is directed by the Governor, upon
9recommendation by the Director of the Governor's Office of
10Management and Budget. At least 25%, based on total principal
11amount, of all Bonds issued each fiscal year shall be sold
12pursuant to notice of sale and public bid. At all times during
13each fiscal year, no more than 75%, based on total principal
14amount, of the Bonds issued each fiscal year, shall have been
15sold by negotiated sale. Failure to satisfy the requirements in
16the preceding 2 sentences shall not affect the validity of any
17previously issued Bonds; provided that all Bonds authorized by
18Public Act 96-43 and Public Act 96-1497 shall not be included
19in determining compliance for any fiscal year with the
20requirements of the preceding 2 sentences; and further provided
21that refunding Bonds satisfying the requirements of Section 16
22of this Act and sold during fiscal year 2009, 2010, 2011, or
232017 shall not be subject to the requirements in the preceding
242 sentences.
25    If any Bonds, including refunding Bonds, are to be sold by

 

 

SB1820- 67 -LRB100 10677 RPS 20901 b

1negotiated sale, the Director of the Governor's Office of
2Management and Budget shall comply with the competitive request
3for proposal process set forth in the Illinois Procurement Code
4and all other applicable requirements of that Code.
5    If Bonds are to be sold pursuant to notice of sale and
6public bid, the Director of the Governor's Office of Management
7and Budget may, from time to time, as Bonds are to be sold,
8advertise the sale of the Bonds in at least 2 daily newspapers,
9one of which is published in the City of Springfield and one in
10the City of Chicago. The sale of the Bonds shall also be
11advertised in the volume of the Illinois Procurement Bulletin
12that is published by the Department of Central Management
13Services, and shall be published once at least 10 days prior to
14the date fixed for the opening of the bids. The Director of the
15Governor's Office of Management and Budget may reschedule the
16date of sale upon the giving of such additional notice as the
17Director deems adequate to inform prospective bidders of such
18change; provided, however, that all other conditions of the
19sale shall continue as originally advertised.
20    Executed Bonds shall, upon payment therefor, be delivered
21to the purchaser, and the proceeds of Bonds shall be paid into
22the State Treasury as directed by Section 12 of this Act.
23    All State Pension Obligation Acceleration Bonds shall
24comply with this Section. Notwithstanding anything to the
25contrary, however, for purposes of complying with this Section,
26State Pension Obligation Acceleration Bonds, regardless of the

 

 

SB1820- 68 -LRB100 10677 RPS 20901 b

1number of series or issuances sold thereunder, shall be
2considered a single issue or series. Furthermore, for purposes
3of complying with the competitive bidding requirements of this
4Section, the words "at all times" shall not apply to any such
5sale of the State Pension Obligation Acceleration Bonds. The
6Director of the Governor's Office of Management and Budget
7shall determine the time and manner of any competitive sale of
8the State Pension Obligation Acceleration Bonds; however, that
9sale shall under no circumstances take place later than 60 days
10after the State closes the sale of 75% of the State Pension
11Obligation Acceleration Bonds by negotiated sale.
12(Source: P.A. 98-44, eff. 6-28-13; 99-523, eff. 6-30-16.)
 
13    (30 ILCS 330/12)  (from Ch. 127, par. 662)
14    Sec. 12. Allocation of Proceeds from Sale of Bonds.
15    (a) Proceeds from the sale of Bonds, authorized by Section
163 of this Act, shall be deposited in the separate fund known as
17the Capital Development Fund.
18    (b) Proceeds from the sale of Bonds, authorized by
19paragraph (a) of Section 4 of this Act, shall be deposited in
20the separate fund known as the Transportation Bond, Series A
21Fund.
22    (c) Proceeds from the sale of Bonds, authorized by
23paragraphs (b) and (c) of Section 4 of this Act, shall be
24deposited in the separate fund known as the Transportation
25Bond, Series B Fund.

 

 

SB1820- 69 -LRB100 10677 RPS 20901 b

1    (c-1) Proceeds from the sale of Bonds, authorized by
2paragraph (d) of Section 4 of this Act, shall be deposited into
3the Transportation Bond Series D Fund, which is hereby created.
4    (d) Proceeds from the sale of Bonds, authorized by Section
55 of this Act, shall be deposited in the separate fund known as
6the School Construction Fund.
7    (e) Proceeds from the sale of Bonds, authorized by Section
86 of this Act, shall be deposited in the separate fund known as
9the Anti-Pollution Fund.
10    (f) Proceeds from the sale of Bonds, authorized by Section
117 of this Act, shall be deposited in the separate fund known as
12the Coal Development Fund.
13    (f-2) Proceeds from the sale of Bonds, authorized by
14Section 7.2 of this Act, shall be deposited as set forth in
15Section 7.2.
16    (f-5) Proceeds from the sale of Bonds, authorized by
17Section 7.5 of this Act, shall be deposited as set forth in
18Section 7.5.
19    (f-7) Proceeds from the sale of Bonds, authorized by
20Section 7.6 of this Act, shall be deposited as set forth in
21Section 7.6.
22    (g) Proceeds from the sale of Bonds, authorized by Section
238 of this Act, shall be deposited in the Capital Development
24Fund.
25    (h) Subsequent to the issuance of any Bonds for the
26purposes described in Sections 2 through 8 of this Act, the

 

 

SB1820- 70 -LRB100 10677 RPS 20901 b

1Governor and the Director of the Governor's Office of
2Management and Budget may provide for the reallocation of
3unspent proceeds of such Bonds to any other purposes authorized
4under said Sections of this Act, subject to the limitations on
5aggregate principal amounts contained therein. Upon any such
6reallocation, such unspent proceeds shall be transferred to the
7appropriate funds as determined by reference to paragraphs (a)
8through (g) of this Section.
9(Source: P.A. 96-36, eff. 7-13-09.)
 
10    (30 ILCS 330/13)  (from Ch. 127, par. 663)
11    Sec. 13. Appropriation of Proceeds from Sale of Bonds.
12    (a) At all times, the proceeds from the sale of Bonds
13issued pursuant to this Act are subject to appropriation by the
14General Assembly and, except as provided in Sections 7.2 and
157.6 Section 7.2, may be obligated or expended only with the
16written approval of the Governor, in such amounts, at such
17times, and for such purposes as the respective State agencies,
18as defined in Section 1-7 of the Illinois State Auditing Act,
19as amended, deem necessary or desirable for the specific
20purposes contemplated in Sections 2 through 8 of this Act.
21Notwithstanding any other provision of this Act, proceeds from
22the sale of Bonds issued pursuant to this Act appropriated by
23the General Assembly to the Architect of the Capitol may be
24obligated or expended by the Architect of the Capitol without
25the written approval of the Governor.

 

 

SB1820- 71 -LRB100 10677 RPS 20901 b

1    (b) Proceeds from the sale of Bonds for the purpose of
2development of coal and alternative forms of energy shall be
3expended in such amounts and at such times as the Department of
4Commerce and Economic Opportunity, with the advice and
5recommendation of the Illinois Coal Development Board for coal
6development projects, may deem necessary and desirable for the
7specific purpose contemplated by Section 7 of this Act. In
8considering the approval of projects to be funded, the
9Department of Commerce and Economic Opportunity shall give
10special consideration to projects designed to remove sulfur and
11other pollutants in the preparation and utilization of coal,
12and in the use and operation of electric utility generating
13plants and industrial facilities which utilize Illinois coal as
14their primary source of fuel.
15    (c) Except as directed in subsection (c-1) or (c-2), any
16monies received by any officer or employee of the state
17representing a reimbursement of expenditures previously paid
18from general obligation bond proceeds shall be deposited into
19the General Obligation Bond Retirement and Interest Fund
20authorized in Section 14 of this Act.
21    (c-1) Any money received by the Department of
22Transportation as reimbursement for expenditures for high
23speed rail purposes pursuant to appropriations from the
24Transportation Bond, Series B Fund for (i) CREATE (Chicago
25Region Environmental and Transportation Efficiency), (ii) High
26Speed Rail, or (iii) AMTRAK projects authorized by the federal

 

 

SB1820- 72 -LRB100 10677 RPS 20901 b

1government under the provisions of the American Recovery and
2Reinvestment Act of 2009 or the Safe Accountable Flexible
3Efficient Transportation Equity Act—A Legacy for Users
4(SAFETEA-LU), or any successor federal transportation
5authorization Act, shall be deposited into the Federal High
6Speed Rail Trust Fund.
7    (c-2) Any money received by the Department of
8Transportation as reimbursement for expenditures for transit
9capital purposes pursuant to appropriations from the
10Transportation Bond, Series B Fund for projects authorized by
11the federal government under the provisions of the American
12Recovery and Reinvestment Act of 2009 or the Safe Accountable
13Flexible Efficient Transportation Equity Act—A Legacy for
14Users (SAFETEA-LU), or any successor federal transportation
15authorization Act, shall be deposited into the Federal Mass
16Transit Trust Fund.
17(Source: P.A. 98-674, eff. 6-30-14.)
 
18    Section 25. The Illinois Pension Code is amended by adding
19Sections 2-154.5, 2-154.6, 14-147.5, 14-147.6, 15-185.5,
2015-185.6, 16-190.5, 16-190.6, 18-161.5, and 18-161.6 and by
21changing Sections 2-162, 14-152.1, 15-198, 16-203, and 18-169
22as follows:
 
23    (40 ILCS 5/2-154.5 new)
24    Sec. 2-154.5. Accelerated pension benefit payment.

 

 

SB1820- 73 -LRB100 10677 RPS 20901 b

1    (a) As used in this Section:
2    "Eligible person" means a person who:
3        (1) has terminated service;
4        (2) has met the age and service requirements to receive
5    a retirement annuity under this Article;
6        (3) has not received any retirement annuity under this
7    Article;
8        (4) does not have a QILDRO in effect against him or her
9    under this Article;
10        (5) has not elected to receive a partial accelerated
11    pension benefit payment under Section 2-154.6; and
12        (6) has received counseling, in a form and manner
13    developed by the Board by rule, regarding (i) the costs,
14    benefits, and risks of electing to receive the accelerated
15    pension benefit payment under this Section in lieu of
16    pension benefits and (ii) asset management.
17    "Pension benefit" means the benefits under this Article, or
18Article 1 as it relates to those benefits, including any
19anticipated annual increases, to which an eligible person is
20entitled. "Pension benefit" also includes a survivor's
21annuity, if applicable.
22    (b) Beginning January 1, 2018, an eligible person may
23irrevocably elect to receive an accelerated pension benefit
24payment under this Section. The accelerated pension benefit
25payment under this Section shall be a one-time lump sum payment
26in an amount equal to 70% of the net present value of his or her

 

 

SB1820- 74 -LRB100 10677 RPS 20901 b

1pension benefits in lieu of receiving any pension benefit, as
2calculated by the System using the actuarial tables and other
3assumptions adopted by the Board. A person who elects to
4receive an accelerated pension benefit payment under this
5Section may not elect to proceed under the Retirement Systems
6Reciprocal Act with respect to service under this Article.
7    (c) A person's credits and creditable service under this
8Article shall be terminated upon the person's receipt of an
9accelerated pension benefit payment under this Section, and no
10other benefit shall be paid under this Article based on those
11terminated credits and creditable service, including any
12retirement, survivor, or other benefit; except that to the
13extent that participation, benefits, or premiums under the
14State Employees Group Insurance Act of 1971 are based on the
15amount of service credit, the terminated service credit shall
16be used for that purpose.
17    (d) If a person who has received an accelerated pension
18benefit payment under this Section returns to active service
19under this Article, then:
20        (1) Any benefits under the System earned as a result of
21    that return to active service shall be based solely on the
22    person's credits and creditable service arising from the
23    return to active service.
24        (2) The accelerated pension benefit payment may not be
25    repaid to the System, and the terminated credits and
26    creditable service may not under any circumstances be

 

 

SB1820- 75 -LRB100 10677 RPS 20901 b

1    reinstated.
2    (e) As a condition of receiving an accelerated pension
3benefit payment under this Section, an eligible person must
4have another retirement plan or account qualified under the
5Internal Revenue Code of 1986, as amended, for the accelerated
6pension benefit payment to be rolled into. The accelerated
7pension benefit payment under this Section may be subject to
8withholding or payment of applicable taxes, but to the extent
9permitted by federal law, a person who receives an accelerated
10pension benefit payment under this Section must direct the
11System to pay all of that payment as a rollover into another
12retirement plan or account qualified under the Internal Revenue
13Code of 1986, as amended.
14    (f) Before January 1, 2019, the Board shall certify to the
15Illinois Finance Authority and the General Assembly the amount
16by which the total amount of accelerated pension benefit
17payments made under this Section exceed the amount appropriated
18to the System for the purpose of making those payments.
19    (g) The Board shall adopt any rules necessary to implement
20this Section.
21    (h) No provision of this Section shall be interpreted in a
22way that would cause the applicable System to cease to be a
23qualified plan under the Internal Revenue Code of 1986. No
24benefit shall be less than the minimum required to avoid the
25application of mandatory Social Security coverage.
 

 

 

SB1820- 76 -LRB100 10677 RPS 20901 b

1    (40 ILCS 5/2-154.6 new)
2    Sec. 2-154.6. Partial accelerated pension benefit payment.
3    (a) As used in this Section:
4    "Eligible person" means a person who:
5        (1) has terminated service;
6        (2) has met the age and service requirements to receive
7    a retirement annuity under this Article;
8        (3) has not received any retirement annuity under this
9    Article;
10        (4) does not have a QILDRO in effect against him or her
11    under this Article;
12        (5) has not elected to receive an accelerated pension
13    benefit payment under Section 2-154.5; and
14        (6) has received counseling, in a form and manner
15    developed by the Board by rule, regarding (i) the costs,
16    benefits, and risks of electing to receive a partial
17    accelerated pension benefit payment under this Section in
18    exchange for a reduction of pension benefits and (ii) asset
19    management.
20    "Pension benefit" means the benefits under this Article, or
21Article 1 as it relates to those benefits, including any
22anticipated annual increases, to which an eligible person is
23entitled. "Pension benefit" also includes survivors' benefits,
24if applicable.
25    (b) Beginning January 1, 2018, an eligible person may make
26a written election with the System to receive a partial

 

 

SB1820- 77 -LRB100 10677 RPS 20901 b

1accelerated pension benefit payment in exchange for a reduction
2in pension benefits. In the written election, the eligible
3person shall specify the percentage by which pension benefits
4shall be reduced; however, a person may not elect a percentage
5reduction of his or her pension benefits that would result in a
6partial accelerated pension benefit payment of less than
7$50,000.
8    Before providing the partial accelerated pension benefit
9payment under this Section to a person, the System shall notify
10that person if the percentage elected for the reduction in his
11or her pension benefits would result in any applicable benefit
12being less than the minimum amount specified for the
13corresponding benefit in this Article, and the eligible person
14shall be provided the opportunity to change the amount of his
15or her election.
16    A person who elects to receive a partial accelerated
17pension benefit payment under this Section may not elect to
18proceed under the Retirement Systems Reciprocal Act with
19respect to service under this Article.
20    (c) The partial accelerated pension benefit payment under
21this Section shall be a one-time lump sum payment in an amount
22equal to 70% of the elected percentage. For the purposes of
23this Section, "elected percentage" means the percentage, as
24specified in the eligible person's written election, of the net
25present value of pension benefits, which shall be calculated by
26the System using the actuarial tables and other assumptions

 

 

SB1820- 78 -LRB100 10677 RPS 20901 b

1adopted by the Board.
2    A person who receives the partial accelerated pension
3benefit payment shall have his or her pension benefits reduced
4by the percentage specified in that person's written election.
5    (d) The percentage reduction in pension benefits may not
6under any circumstances be modified after the partial
7accelerated pension benefit payment under this Section is
8received. Notwithstanding any provision of this Article to the
9contrary, a person who elects to receive a partial accelerated
10pension benefit payment that results in an applicable benefit
11being less than the minimum amount specified for that benefit
12in this Article shall not be entitled to receive that minimum
13amount.
14    (e) If a person who has received a partial accelerated
15pension benefit payment under this Section returns to active
16service under this Article, then:
17        (1) Any benefits under the System earned as a result of
18    that return to active service shall be reduced by the
19    amount specified in that person's written election.
20        (2) The partial accelerated pension benefit payment
21    may not be repaid to the System.
22        (3) That person is not eligible to elect or receive any
23    additional partial accelerated pension benefit payment.
24    (f) The partial accelerated pension benefit payment under
25this Section may be subject to withholding or payment of
26applicable taxes, but to the extent permitted by federal law, a

 

 

SB1820- 79 -LRB100 10677 RPS 20901 b

1person who receives a partial accelerated pension benefit
2payment under this Section may direct the System to pay all or
3a portion of that payment as a rollover into another retirement
4plan or account qualified under the Internal Revenue Code of
51986, as amended.
6    (g) The Board shall adopt any rules necessary to implement
7this Section.
8    (h) No provision of this Section shall be interpreted in a
9way that would cause the applicable System to cease to be a
10qualified plan under the Internal Revenue Code of 1986. No
11benefit shall be less than the minimum required to avoid the
12application of mandatory Social Security coverage.
 
13    (40 ILCS 5/2-162)
14    (Text of Section WITHOUT the changes made by P.A. 98-599,
15which has been held unconstitutional)
16    Sec. 2-162. Application and expiration of new benefit
17increases.
18    (a) As used in this Section, "new benefit increase" means
19an increase in the amount of any benefit provided under this
20Article, or an expansion of the conditions of eligibility for
21any benefit under this Article, that results from an amendment
22to this Code that takes effect after June 1, 2005 (the
23effective date of Public Act 94-4). "New benefit increase",
24however, does not include any benefit increase resulting from
25the changes made to this Article by this amendatory Act of the

 

 

SB1820- 80 -LRB100 10677 RPS 20901 b

1100th General Assembly the effective date of this amendatory
2Act of the 94th General Assembly.
3    (b) Notwithstanding any other provision of this Code or any
4subsequent amendment to this Code, every new benefit increase
5is subject to this Section and shall be deemed to be granted
6only in conformance with and contingent upon compliance with
7the provisions of this Section.
8    (c) The Public Act enacting a new benefit increase must
9identify and provide for payment to the System of additional
10funding at least sufficient to fund the resulting annual
11increase in cost to the System as it accrues.
12    Every new benefit increase is contingent upon the General
13Assembly providing the additional funding required under this
14subsection. The Commission on Government Forecasting and
15Accountability shall analyze whether adequate additional
16funding has been provided for the new benefit increase and
17shall report its analysis to the Public Pension Division of the
18Department of Insurance Financial and Professional Regulation.
19A new benefit increase created by a Public Act that does not
20include the additional funding required under this subsection
21is null and void. If the Public Pension Division determines
22that the additional funding provided for a new benefit increase
23under this subsection is or has become inadequate, it may so
24certify to the Governor and the State Comptroller and, in the
25absence of corrective action by the General Assembly, the new
26benefit increase shall expire at the end of the fiscal year in

 

 

SB1820- 81 -LRB100 10677 RPS 20901 b

1which the certification is made.
2    (d) Every new benefit increase shall expire 5 years after
3its effective date or on such earlier date as may be specified
4in the language enacting the new benefit increase or provided
5under subsection (c). This does not prevent the General
6Assembly from extending or re-creating a new benefit increase
7by law.
8    (e) Except as otherwise provided in the language creating
9the new benefit increase, a new benefit increase that expires
10under this Section continues to apply to persons who applied
11and qualified for the affected benefit while the new benefit
12increase was in effect and to the affected beneficiaries and
13alternate payees of such persons, but does not apply to any
14other person, including without limitation a person who
15continues in service after the expiration date and did not
16apply and qualify for the affected benefit while the new
17benefit increase was in effect.
18(Source: P.A. 94-4, eff. 6-1-05.)
 
19    (40 ILCS 5/14-147.5 new)
20    Sec. 14-147.5. Accelerated pension benefit payment.
21    (a) As used in this Section:
22    "Eligible person" means a person who:
23        (1) has terminated service;
24        (2) has met the age and service requirements to receive
25    a retirement annuity under this Article;

 

 

SB1820- 82 -LRB100 10677 RPS 20901 b

1        (3) has not received any retirement annuity under this
2    Article;
3        (4) does not have a QILDRO in effect against him or her
4    under this Article;
5        (5) has not elected to receive a partial accelerated
6    pension benefit payment under Section 14-147.6; and
7        (6) has received counseling, in a form and manner
8    developed by the Board by rule, regarding (i) the costs,
9    benefits, and risks of electing to receive the accelerated
10    pension benefit payment under this Section in lieu of
11    pension benefits and (ii) asset management.
12    "Pension benefit" means the benefits under this Article, or
13Article 1 as it relates to those benefits, including any
14anticipated annual increases, to which an eligible person is
15entitled. "Pension benefit" also includes a survivors or
16widow's annuity, if applicable.
17    (b) Beginning January 1, 2018, an eligible person may
18irrevocably elect to receive an accelerated pension benefit
19payment under this Section. The accelerated pension benefit
20payment under this Section shall be a one-time lump sum payment
21in an amount equal to 70% of the net present value of his or her
22pension benefits in lieu of receiving any pension benefit, as
23calculated by the System using the actuarial tables and other
24assumptions adopted by the Board. A person who elects to
25receive an accelerated pension benefit payment under this
26Section may not elect to proceed under the Retirement Systems

 

 

SB1820- 83 -LRB100 10677 RPS 20901 b

1Reciprocal Act with respect to service under this Article.
2    (c) A person's credits and creditable service under this
3Article shall be terminated upon the person's receipt of an
4accelerated pension benefit payment under this Section, and no
5other benefit shall be paid under this Article based on those
6terminated credits and creditable service, including any
7retirement, survivor, or other benefit; except that to the
8extent that participation, benefits, or premiums under the
9State Employees Group Insurance Act of 1971 are based on the
10amount of service credit, the terminated service credit shall
11be used for that purpose.
12    (d) If a person who has received an accelerated pension
13benefit payment under this Section returns to active service
14under this Article, then:
15        (1) Any benefits under the System earned as a result of
16    that return to active service shall be based solely on the
17    person's credits and creditable service arising from the
18    return to active service.
19        (2) The accelerated pension benefit payment may not be
20    repaid to the System, and the terminated credits and
21    creditable service may not under any circumstances be
22    reinstated.
23    (e) As a condition of receiving an accelerated pension
24benefit payment, an eligible person must have another
25retirement plan or account qualified under the Internal Revenue
26Code of 1986, as amended, for the accelerated pension benefit

 

 

SB1820- 84 -LRB100 10677 RPS 20901 b

1payment to be rolled into. The accelerated pension benefit
2payment under this Section may be subject to withholding or
3payment of applicable taxes, but to the extent permitted by
4federal law, a person who receives an accelerated pension
5benefit payment under this Section must direct the System to
6pay all of that payment as a rollover into another retirement
7plan or account qualified under the Internal Revenue Code of
81986, as amended.
9    (f) Before January 1, 2019, the Board shall certify to the
10Illinois Finance Authority and the General Assembly the amount
11by which the total amount of accelerated pension benefit
12payments made under this Section exceed the amount appropriated
13to the System for the purpose of making those payments.
14    (g) The Board shall adopt any rules necessary to implement
15this Section.
16    (h) No provision of this Section shall be interpreted in a
17way that would cause the applicable System to cease to be a
18qualified plan under the Internal Revenue Code of 1986. The
19benefit shall not violate any requirement of the Social
20Security coverage agreement.
 
21    (40 ILCS 5/14-147.6 new)
22    Sec. 14-147.6. Partial accelerated pension benefit
23payment.
24    (a) As used in this Section:
25    "Eligible person" means a person who:

 

 

SB1820- 85 -LRB100 10677 RPS 20901 b

1        (1) has terminated service;
2        (2) has met the age and service requirements to receive
3    a retirement annuity under this Article;
4        (3) has not received any retirement annuity under this
5    Article;
6        (4) does not have a QILDRO in effect against him or her
7    under this Article;
8        (5) has not elected to receive an accelerated pension
9    benefit payment under Section 14-147.5; and
10        (6) has received counseling, in a form and manner
11    developed by the Board by rule, regarding (i) the costs,
12    benefits, and risks of electing to receive a partial
13    accelerated pension benefit payment under this Section in
14    exchange for a reduction of pension benefits and (ii) asset
15    management.
16    "Pension benefit" means the benefits under this Article, or
17Article 1 as it relates to those benefits, including any
18anticipated annual increases, to which an eligible person is
19entitled. "Pension benefit" also includes a survivors or
20widow's annuity, if applicable.
21    (b) Beginning January 1, 2018, an eligible person may make
22a written election with the System to receive a partial
23accelerated pension benefit payment in exchange for a reduction
24in pension benefits. In the written election, the eligible
25person shall specify the percentage by which pension benefits
26shall be reduced; however, a person may not elect a percentage

 

 

SB1820- 86 -LRB100 10677 RPS 20901 b

1reduction of his or her pension benefits that would result in a
2partial accelerated pension benefit payment of less than
3$50,000.
4    Before providing the partial accelerated pension benefit
5payment under this Section to a person, the System shall notify
6that person if the percentage elected for the reduction in his
7or her pension benefits would result in any applicable benefit
8being less than the minimum amount specified for the
9corresponding benefit in this Article, and the eligible person
10shall be provided the opportunity to change the amount of his
11or her election.
12    A person who elects to receive a partial accelerated
13pension benefit payment under this Section may not elect to
14proceed under the Retirement Systems Reciprocal Act with
15respect to service under this Article.
16    (c) The partial accelerated pension benefit payment under
17this Section shall be a one-time lump sum payment in an amount
18equal to 70% of the elected percentage. For the purposes of
19this Section, "elected percentage" means the percentage, as
20specified in the eligible person's written election, of the net
21present value of pension benefits, which shall be calculated by
22the System using the actuarial tables and other assumptions
23adopted by the Board.
24    A person who receives the partial accelerated pension
25benefit payment shall have his or her pension benefits reduced
26by the percentage specified in that person's written election.

 

 

SB1820- 87 -LRB100 10677 RPS 20901 b

1    (d) The percentage reduction in pension benefits may not
2under any circumstances be modified after the partial
3accelerated pension benefit payment under this Section is
4received. Notwithstanding any provision of this Article to the
5contrary, a person who elects to receive a partial accelerated
6pension benefit payment that results in an applicable benefit
7being less than the minimum amount specified for that benefit
8in this Article shall not be entitled to receive that minimum
9amount.
10    (e) If a person who has received a partial accelerated
11pension benefit payment under this Section returns to active
12service under this Article, then:
13        (1) Any benefits under the System earned as a result of
14    that return to active service shall be reduced by the
15    amount specified in that person's written election.
16        (2) The partial accelerated pension benefit payment
17    may not be repaid to the System.
18        (3) That person is not eligible to elect or receive any
19    additional partial accelerated pension benefit payment.
20    (f) The partial accelerated pension benefit payment under
21this Section may be subject to withholding or payment of
22applicable taxes, but to the extent permitted by federal law, a
23person who receives a partial accelerated pension benefit
24payment under this Section may direct the System to pay all or
25a portion of that payment as a rollover into another retirement
26plan or account qualified under the Internal Revenue Code of

 

 

SB1820- 88 -LRB100 10677 RPS 20901 b

11986, as amended.
2    (g) The Board shall adopt any rules necessary to implement
3this Section.
4    (h) No provision of this Section shall be interpreted in a
5way that would cause the applicable System to cease to be a
6qualified plan under the Internal Revenue Code of 1986. The
7benefit shall not violate any requirement of the Social
8Security coverage agreement.
 
9    (40 ILCS 5/14-152.1)
10    (Text of Section WITHOUT the changes made by P.A. 98-599,
11which has been held unconstitutional)
12    Sec. 14-152.1. Application and expiration of new benefit
13increases.
14    (a) As used in this Section, "new benefit increase" means
15an increase in the amount of any benefit provided under this
16Article, or an expansion of the conditions of eligibility for
17any benefit under this Article, that results from an amendment
18to this Code that takes effect after June 1, 2005 (the
19effective date of Public Act 94-4). "New benefit increase",
20however, does not include any benefit increase resulting from
21the changes made to this Article by Public Act 96-37 or by this
22amendatory Act of the 100th General Assembly this amendatory
23Act of the 96th General Assembly.
24    (b) Notwithstanding any other provision of this Code or any
25subsequent amendment to this Code, every new benefit increase

 

 

SB1820- 89 -LRB100 10677 RPS 20901 b

1is subject to this Section and shall be deemed to be granted
2only in conformance with and contingent upon compliance with
3the provisions of this Section.
4    (c) The Public Act enacting a new benefit increase must
5identify and provide for payment to the System of additional
6funding at least sufficient to fund the resulting annual
7increase in cost to the System as it accrues.
8    Every new benefit increase is contingent upon the General
9Assembly providing the additional funding required under this
10subsection. The Commission on Government Forecasting and
11Accountability shall analyze whether adequate additional
12funding has been provided for the new benefit increase and
13shall report its analysis to the Public Pension Division of the
14Department of Insurance Financial and Professional Regulation.
15A new benefit increase created by a Public Act that does not
16include the additional funding required under this subsection
17is null and void. If the Public Pension Division determines
18that the additional funding provided for a new benefit increase
19under this subsection is or has become inadequate, it may so
20certify to the Governor and the State Comptroller and, in the
21absence of corrective action by the General Assembly, the new
22benefit increase shall expire at the end of the fiscal year in
23which the certification is made.
24    (d) Every new benefit increase shall expire 5 years after
25its effective date or on such earlier date as may be specified
26in the language enacting the new benefit increase or provided

 

 

SB1820- 90 -LRB100 10677 RPS 20901 b

1under subsection (c). This does not prevent the General
2Assembly from extending or re-creating a new benefit increase
3by law.
4    (e) Except as otherwise provided in the language creating
5the new benefit increase, a new benefit increase that expires
6under this Section continues to apply to persons who applied
7and qualified for the affected benefit while the new benefit
8increase was in effect and to the affected beneficiaries and
9alternate payees of such persons, but does not apply to any
10other person, including without limitation a person who
11continues in service after the expiration date and did not
12apply and qualify for the affected benefit while the new
13benefit increase was in effect.
14(Source: P.A. 96-37, eff. 7-13-09.)
 
15    (40 ILCS 5/15-185.5 new)
16    Sec. 15-185.5. Accelerated pension benefit payment.
17    (a) As used in this Section:
18    "Eligible person" means a person who:
19        (1) has terminated service;
20        (2) has met the age and service requirements to receive
21    a retirement annuity under this Article;
22        (3) has not received any retirement annuity under this
23    Article;
24        (4) does not have a QILDRO in effect against him or her
25    under this Article;

 

 

SB1820- 91 -LRB100 10677 RPS 20901 b

1        (5) is not a participant in the self-managed plan under
2    Section 15-158.2;
3        (6) has not elected to receive a partial accelerated
4    pension benefit payment under Section 15-185.6; and
5        (7) has received counseling, in a form and manner
6    developed by the Board by rule, regarding (i) the costs,
7    benefits, and risks of electing to receive the accelerated
8    pension benefit payment under this Section in lieu of
9    pension benefits and (ii) asset management.
10    "Pension benefit" means the benefits under this Article, or
11Article 1 as it relates to those benefits, including any
12anticipated annual increases, to which an eligible person is
13entitled. "Pension benefit" also includes a survivor annuity,
14if applicable.
15    (b) Beginning January 1, 2018, an eligible person may
16irrevocably elect to receive an accelerated pension benefit
17payment under this Section. The accelerated pension benefit
18payment under this Section shall be a one-time lump sum payment
19in an amount equal to 70% of the net present value of his or her
20pension benefits in lieu of receiving any pension benefit, as
21calculated by the System using the actuarial tables and other
22assumptions adopted by the Board. A person who elects to
23receive an accelerated pension benefit payment under this
24Section may not elect to proceed under the Retirement Systems
25Reciprocal Act with respect to service under this Article.
26    (c) A person's credits and creditable service under this

 

 

SB1820- 92 -LRB100 10677 RPS 20901 b

1Article shall be terminated upon the person's receipt of an
2accelerated pension benefit payment under this Section, and no
3other benefit shall be paid under this Article based on those
4terminated credits and creditable service, including any
5retirement, survivor, or other benefit; except that to the
6extent that participation, benefits, or premiums under the
7State Employees Group Insurance Act of 1971 are based on the
8amount of service credit, the terminated service credit shall
9be used for that purpose.
10    (d) If a person who has received an accelerated pension
11benefit payment under this Section returns to active service
12under this Article, then:
13        (1) Any benefits under the System earned as a result of
14    that return to active service shall be based solely on the
15    person's credits and creditable service arising from the
16    return to active service.
17        (2) The accelerated pension benefit payment may not be
18    repaid to the System, and the terminated credits and
19    creditable service may not under any circumstances be
20    reinstated.
21    (e) As a condition of receiving an accelerated pension
22benefit payment, an eligible person must have another
23retirement plan or account qualified under the Internal Revenue
24Code of 1986, as amended, for the accelerated pension benefit
25payment to be rolled into. The accelerated pension benefit
26payment under this Section may be subject to withholding or

 

 

SB1820- 93 -LRB100 10677 RPS 20901 b

1payment of applicable taxes, but to the extent permitted by
2federal law, a person who receives an accelerated pension
3benefit payment under this Section must direct the System to
4pay all of that payment as a rollover into another retirement
5plan or account qualified under the Internal Revenue Code of
61986, as amended.
7    (f) Before January 1, 2019, the Board shall certify to the
8Illinois Finance Authority and the General Assembly the amount
9by which the total amount of accelerated pension benefit
10payments made under this Section exceed the amount appropriated
11to the System for the purpose of making those payments.
12    (g) The Board shall adopt any rules necessary to implement
13this Section.
14    (h) No provision of this Section shall be interpreted in a
15way that would cause the applicable System to cease to be a
16qualified plan under the Internal Revenue Code of 1986. No
17benefit shall be less than the minimum required to avoid the
18application of mandatory Social Security coverage.
 
19    (40 ILCS 5/15-185.6 new)
20    Sec. 15-185.6. Partial accelerated pension benefit
21payment.
22    (a) As used in this Section:
23    "Eligible person" means a person who:
24        (1) has terminated service;
25        (2) has met the age and service requirements to receive

 

 

SB1820- 94 -LRB100 10677 RPS 20901 b

1    a retirement annuity under this Article;
2        (3) has not received any retirement annuity under this
3    Article;
4        (4) does not have a QILDRO in effect against him or her
5    under this Article;
6        (5) is not a participant in the self-managed plan under
7    Section 15-158.2;
8        (6) has not elected to receive an accelerated pension
9    benefit payment under Section 15-185.5; and
10        (7) has received counseling, in a form and manner
11    developed by the Board by rule, regarding (i) the costs,
12    benefits, and risks of electing to receive a partial
13    accelerated pension benefit payment under this Section in
14    exchange for a reduction of a retirement annuity and (ii)
15    asset management.
16    "Pension benefit" means the benefits under this Article, or
17Article 1 as it relates to those benefits, including any
18anticipated annual increases, to which an eligible person is
19entitled. "Pension benefit" also includes a survivor annuity,
20if applicable.
21    (b) Beginning January 1, 2018, an eligible person may make
22a written election with the System to receive a partial
23accelerated pension benefit payment in exchange for a reduction
24in pension benefits. In the written election, the eligible
25person shall specify the percentage by which pension benefits
26shall be reduced; however, a person may not elect a percentage

 

 

SB1820- 95 -LRB100 10677 RPS 20901 b

1reduction of his or her pension benefits that would result in a
2partial accelerated pension benefit payment of less than
3$50,000.
4    Before providing the partial accelerated pension benefit
5payment under this Section to a person, the System shall notify
6that person if the percentage elected for the reduction in his
7or her pension benefits would result in any applicable benefit
8being less than the minimum amount specified for the
9corresponding benefit in this Article, and the eligible person
10shall be provided the opportunity to change the amount of his
11or her election.
12    A person who elects to receive a partial accelerated
13pension benefit payment under this Section may not elect to
14proceed under the Retirement Systems Reciprocal Act with
15respect to service under this Article.
16    (c) The partial accelerated pension benefit payment under
17this Section shall be a one-time lump sum payment in an amount
18equal to 70% of the elected percentage. For the purposes of
19this Section, "elected percentage" means the percentage, as
20specified in the eligible person's written election, of the net
21present value of pension benefits, which shall be calculated by
22the System using the actuarial tables and other assumptions
23adopted by the Board.
24    A person who receives the partial accelerated pension
25benefit payment shall have his or her pension benefits reduced
26by the percentage specified in that person's written election.

 

 

SB1820- 96 -LRB100 10677 RPS 20901 b

1    (d) The percentage reduction in pension benefits may not
2under any circumstances be modified after the partial
3accelerated pension benefit payment under this Section is
4received. Notwithstanding any provision of this Article to the
5contrary, a person who elects to receive a partial accelerated
6pension benefit payment that results in an applicable benefit
7being less than the minimum amount specified for that benefit
8in this Article shall not be entitled to receive that minimum
9amount.
10    (e) If a person who has received a partial accelerated
11pension benefit payment under this Section returns to active
12service under this Article, then:
13        (1) Any benefits under the System earned as a result of
14    that return to active service shall be reduced by the
15    amount specified in that person's written election.
16        (2) The partial accelerated pension benefit payment
17    may not be repaid to the System.
18        (3) That person is not eligible to elect or receive any
19    additional partial accelerated pension benefit payment.
20    (f) The partial accelerated pension benefit payment under
21this Section may be subject to withholding or payment of
22applicable taxes, but to the extent permitted by federal law, a
23person who receives a partial accelerated pension benefit
24payment under this Section may direct the System to pay all or
25a portion of that payment as a rollover into another retirement
26plan or account qualified under the Internal Revenue Code of

 

 

SB1820- 97 -LRB100 10677 RPS 20901 b

11986, as amended.
2    (g) The Board shall adopt any rules necessary to implement
3this Section.
4    (h) No provision of this Section shall be interpreted in a
5way that would cause the applicable System to cease to be a
6qualified plan under the Internal Revenue Code of 1986. No
7benefit shall be less than the minimum required to avoid the
8application of mandatory Social Security coverage.
 
9    (40 ILCS 5/15-198)
10    (Text of Section WITHOUT the changes made by P.A. 98-599,
11which has been held unconstitutional)
12    Sec. 15-198. Application and expiration of new benefit
13increases.
14    (a) As used in this Section, "new benefit increase" means
15an increase in the amount of any benefit provided under this
16Article, or an expansion of the conditions of eligibility for
17any benefit under this Article, that results from an amendment
18to this Code that takes effect after June 1, 2005 (the
19effective date of Public Act 94-4). "New benefit increase",
20however, does not include any benefit increase resulting from
21the changes made to this Article by this amendatory Act of the
22100th General Assembly the effective date of this amendatory
23Act of the 94th General Assembly.
24    (b) Notwithstanding any other provision of this Code or any
25subsequent amendment to this Code, every new benefit increase

 

 

SB1820- 98 -LRB100 10677 RPS 20901 b

1is subject to this Section and shall be deemed to be granted
2only in conformance with and contingent upon compliance with
3the provisions of this Section.
4    (c) The Public Act enacting a new benefit increase must
5identify and provide for payment to the System of additional
6funding at least sufficient to fund the resulting annual
7increase in cost to the System as it accrues.
8    Every new benefit increase is contingent upon the General
9Assembly providing the additional funding required under this
10subsection. The Commission on Government Forecasting and
11Accountability shall analyze whether adequate additional
12funding has been provided for the new benefit increase and
13shall report its analysis to the Public Pension Division of the
14Department of Insurance Financial and Professional Regulation.
15A new benefit increase created by a Public Act that does not
16include the additional funding required under this subsection
17is null and void. If the Public Pension Division determines
18that the additional funding provided for a new benefit increase
19under this subsection is or has become inadequate, it may so
20certify to the Governor and the State Comptroller and, in the
21absence of corrective action by the General Assembly, the new
22benefit increase shall expire at the end of the fiscal year in
23which the certification is made.
24    (d) Every new benefit increase shall expire 5 years after
25its effective date or on such earlier date as may be specified
26in the language enacting the new benefit increase or provided

 

 

SB1820- 99 -LRB100 10677 RPS 20901 b

1under subsection (c). This does not prevent the General
2Assembly from extending or re-creating a new benefit increase
3by law.
4    (e) Except as otherwise provided in the language creating
5the new benefit increase, a new benefit increase that expires
6under this Section continues to apply to persons who applied
7and qualified for the affected benefit while the new benefit
8increase was in effect and to the affected beneficiaries and
9alternate payees of such persons, but does not apply to any
10other person, including without limitation a person who
11continues in service after the expiration date and did not
12apply and qualify for the affected benefit while the new
13benefit increase was in effect.
14(Source: P.A. 94-4, eff. 6-1-05.)
 
15    (40 ILCS 5/16-190.5 new)
16    Sec. 16-190.5. Accelerated pension benefit payment.
17    (a) As used in this Section:
18    "Eligible person" means a person who:
19        (1) has terminated service;
20        (2) has met the age and service requirements to receive
21    a retirement annuity under this Article;
22        (3) has not received any retirement annuity under this
23    Article;
24        (4) does not have a QILDRO in effect against him or her
25    under this Article;

 

 

SB1820- 100 -LRB100 10677 RPS 20901 b

1        (5) has not elected to receive a partial accelerated
2    pension benefit payment under Section 16-190.6; and
3        (6) has received counseling, in a form and manner
4    developed by the Board by rule, regarding (i) the costs,
5    benefits, and risks of electing to receive the accelerated
6    pension benefit payment under this Section in lieu of
7    pension benefits and (ii) asset management.
8    "Pension benefit" means the benefits under this Article, or
9Article 1 as it relates to those benefits, including any
10anticipated annual increases, to which an eligible person is
11entitled. "Pension benefit" also includes survivors' benefits,
12if applicable.
13    (b) Beginning January 1, 2018, an eligible person may
14irrevocably elect to receive an accelerated pension benefit
15payment under this Section. The accelerated pension benefit
16payment under this Section shall be a one-time lump sum payment
17in an amount equal to 70% of the net present value of his or her
18pension benefits in lieu of receiving any pension benefit, as
19calculated by the System using the actuarial tables and other
20assumptions adopted by the Board. A person who elects to
21receive an accelerated pension benefit payment under this
22Section may not elect to proceed under the Retirement Systems
23Reciprocal Act with respect to service under this Article.
24    (c) A person's credits and creditable service under this
25Article shall be terminated upon the person's receipt of an
26accelerated pension benefit payment under this Section, and no

 

 

SB1820- 101 -LRB100 10677 RPS 20901 b

1other benefit shall be paid under this Article based on those
2terminated credits and creditable service, including any
3retirement, survivor, or other benefit; except that to the
4extent that participation, benefits, or premiums under the
5State Employees Group Insurance Act of 1971 are based on the
6amount of service credit, the terminated service credit shall
7be used for that purpose.
8    (d) If a person who has received an accelerated pension
9benefit payment under this Section returns to active service
10under this Article, then:
11        (1) Any benefits under the System earned as a result of
12    that return to active service shall be based solely on the
13    person's credits and creditable service arising from the
14    return to active service.
15        (2) The accelerated pension benefit payment may not be
16    repaid to the System, and the terminated credits and
17    creditable service may not under any circumstances be
18    reinstated.
19    (e) As a condition of receiving an accelerated pension
20benefit payment, an eligible person must have another
21retirement plan or account qualified under the Internal Revenue
22Code of 1986, as amended, for the accelerated pension benefit
23payment to be rolled into. The accelerated pension benefit
24payment under this Section may be subject to withholding or
25payment of applicable taxes, but to the extent permitted by
26federal law, a person who receives an accelerated pension

 

 

SB1820- 102 -LRB100 10677 RPS 20901 b

1benefit payment under this Section must direct the System to
2pay all of that payment as a rollover into another retirement
3plan or account qualified under the Internal Revenue Code of
41986, as amended.
5    (f) Before January 1, 2019, the Board shall certify to the
6Illinois Finance Authority and the General Assembly the amount
7by which the total amount of accelerated pension benefit
8payments made under this Section exceed the amount appropriated
9to the System for the purpose of making those payments.
10    (g) The Board shall adopt any rules necessary to implement
11this Section.
12    (h) No provision of this Section shall be interpreted in a
13way that would cause the applicable System to cease to be a
14qualified plan under the Internal Revenue Code of 1986. No
15benefit shall be less than the minimum required to avoid the
16application of mandatory Social Security coverage.
 
17    (40 ILCS 5/16-190.6 new)
18    Sec. 16-190.6. Partial accelerated pension benefit
19payment.
20    (a) As used in this Section:
21    "Eligible person" means a person who:
22        (1) has terminated service;
23        (2) has met the age and service requirements to receive
24    a retirement annuity under this Article;
25        (3) has not received any retirement annuity under this

 

 

SB1820- 103 -LRB100 10677 RPS 20901 b

1    Article;
2        (4) does not have a QILDRO in effect against him or her
3    under this Article;
4        (5) has not elected to receive an accelerated pension
5    benefit payment under Section 16-190.5; and
6        (6) has received counseling, in a form and manner
7    developed by the Board by rule, regarding (i) the costs,
8    benefits, and risks of electing to receive a partial
9    accelerated pension benefit payment under this Section in
10    exchange for a reduction of pension benefits and (ii) asset
11    management.
12    "Pension benefit" means the benefits under this Article, or
13Article 1 as it relates to those benefits, including any
14anticipated annual increases, to which an eligible person is
15entitled. "Pension benefit" also includes survivors' benefits,
16if applicable.
17    (b) Beginning January 1, 2018, an eligible person may make
18a written election with the System to receive a partial
19accelerated pension benefit payment in exchange for a reduction
20in pension benefits. In the written election, the eligible
21person shall specify the percentage by which pension benefits
22shall be reduced; however, a person may not elect a percentage
23reduction of his or her pension benefits that would result in a
24partial accelerated pension benefit payment of less than
25$50,000.
26    Before providing the partial accelerated pension benefit

 

 

SB1820- 104 -LRB100 10677 RPS 20901 b

1payment under this Section to a person, the System shall notify
2that person if the percentage elected for the reduction in his
3or her pension benefits would result in any applicable benefit
4being less than the minimum amount specified for the
5corresponding benefit in this Article, and the eligible person
6shall be provided the opportunity to change the amount of his
7or her election.
8    A person who elects to receive a partial accelerated
9pension benefit payment under this Section may not elect to
10proceed under the Retirement Systems Reciprocal Act with
11respect to service under this Article.
12    (c) The partial accelerated pension benefit payment under
13this Section shall be a one-time lump sum payment in an amount
14equal to 70% of the elected percentage. For the purposes of
15this Section, "elected percentage" means the percentage, as
16specified in the eligible person's written election, of the net
17present value of pension benefits, which shall be calculated by
18the System using the actuarial tables and other assumptions
19adopted by the Board.
20    A person who receives the partial accelerated pension
21benefit payment shall have his or her pension benefits reduced
22by the percentage specified in that person's written election.
23    (d) The percentage reduction in pension benefits may not
24under any circumstances be modified after the partial
25accelerated pension benefit payment under this Section is
26received. Notwithstanding any provision of this Article to the

 

 

SB1820- 105 -LRB100 10677 RPS 20901 b

1contrary, a person who elects to receive a partial accelerated
2pension benefit payment that results in an applicable benefit
3being less than the minimum amount specified for that benefit
4in this Article shall not be entitled to receive that minimum
5amount.
6    (e) If a person who has received a partial accelerated
7pension benefit payment under this Section returns to active
8service under this Article, then:
9        (1) Any benefits under the System earned as a result of
10    that return to active service shall be reduced by the
11    amount specified in that person's written election.
12        (2) The partial accelerated pension benefit payment
13    may not be repaid to the System.
14        (3) That person is not eligible to elect or receive any
15    additional partial accelerated pension benefit payment.
16    (f) The partial accelerated pension benefit payment under
17this Section may be subject to withholding or payment of
18applicable taxes, but to the extent permitted by federal law, a
19person who receives a partial accelerated pension benefit
20payment under this Section may direct the System to pay all or
21a portion of that payment as a rollover into another retirement
22plan or account qualified under the Internal Revenue Code of
231986, as amended.
24    (g) The Board shall adopt any rules necessary to implement
25this Section.
26    (h) No provision of this Section shall be interpreted in a

 

 

SB1820- 106 -LRB100 10677 RPS 20901 b

1way that would cause the applicable System to cease to be a
2qualified plan under the Internal Revenue Code of 1986. No
3benefit shall be less than the minimum required to avoid the
4application of mandatory Social Security coverage.
 
5    (40 ILCS 5/16-203)
6    (Text of Section WITHOUT the changes made by P.A. 98-599,
7which has been held unconstitutional)
8    Sec. 16-203. Application and expiration of new benefit
9increases.
10    (a) As used in this Section, "new benefit increase" means
11an increase in the amount of any benefit provided under this
12Article, or an expansion of the conditions of eligibility for
13any benefit under this Article, that results from an amendment
14to this Code that takes effect after June 1, 2005 (the
15effective date of Public Act 94-4). "New benefit increase",
16however, does not include any benefit increase resulting from
17the changes made to this Article by Public Act 95-910 or by
18this amendatory Act of the 100th General Assembly this
19amendatory Act of the 95th General Assembly.
20    (b) Notwithstanding any other provision of this Code or any
21subsequent amendment to this Code, every new benefit increase
22is subject to this Section and shall be deemed to be granted
23only in conformance with and contingent upon compliance with
24the provisions of this Section.
25    (c) The Public Act enacting a new benefit increase must

 

 

SB1820- 107 -LRB100 10677 RPS 20901 b

1identify and provide for payment to the System of additional
2funding at least sufficient to fund the resulting annual
3increase in cost to the System as it accrues.
4    Every new benefit increase is contingent upon the General
5Assembly providing the additional funding required under this
6subsection. The Commission on Government Forecasting and
7Accountability shall analyze whether adequate additional
8funding has been provided for the new benefit increase and
9shall report its analysis to the Public Pension Division of the
10Department of Insurance Financial and Professional Regulation.
11A new benefit increase created by a Public Act that does not
12include the additional funding required under this subsection
13is null and void. If the Public Pension Division determines
14that the additional funding provided for a new benefit increase
15under this subsection is or has become inadequate, it may so
16certify to the Governor and the State Comptroller and, in the
17absence of corrective action by the General Assembly, the new
18benefit increase shall expire at the end of the fiscal year in
19which the certification is made.
20    (d) Every new benefit increase shall expire 5 years after
21its effective date or on such earlier date as may be specified
22in the language enacting the new benefit increase or provided
23under subsection (c). This does not prevent the General
24Assembly from extending or re-creating a new benefit increase
25by law.
26    (e) Except as otherwise provided in the language creating

 

 

SB1820- 108 -LRB100 10677 RPS 20901 b

1the new benefit increase, a new benefit increase that expires
2under this Section continues to apply to persons who applied
3and qualified for the affected benefit while the new benefit
4increase was in effect and to the affected beneficiaries and
5alternate payees of such persons, but does not apply to any
6other person, including without limitation a person who
7continues in service after the expiration date and did not
8apply and qualify for the affected benefit while the new
9benefit increase was in effect.
10(Source: P.A. 94-4, eff. 6-1-05; 95-910, eff. 8-26-08.)
 
11    (40 ILCS 5/18-161.5 new)
12    Sec. 18-161.5. Accelerated pension benefit payment.
13    (a) As used in this Section:
14    "Eligible person" means a person who:
15        (1) has terminated service;
16        (2) has met the age and service requirements to receive
17    a retirement annuity under this Article;
18        (3) has not received any retirement annuity under this
19    Article;
20        (4) does not have a QILDRO in effect against him or her
21    under this Article;
22        (5) has not elected to receive a partial accelerated
23    pension benefit payment under Section 18-161.6; and
24        (6) has received counseling, in a form and manner
25    developed by the Board by rule, regarding (i) the costs,

 

 

SB1820- 109 -LRB100 10677 RPS 20901 b

1    benefits, and risks of electing to receive the accelerated
2    pension benefit payment under this Section in lieu of
3    pension benefits and (ii) asset management.
4    "Pension benefit" means the benefits under this Article, or
5Article 1 as it relates to those benefits, including any
6anticipated annual increases, to which an eligible person is
7entitled. "Pension benefit" also includes a survivor's
8annuity, if applicable.
9    (b) Beginning January 1, 2018, an eligible person may
10irrevocably elect to receive an accelerated pension benefit
11payment under this Section. The accelerated pension benefit
12payment under this Section shall be a one-time lump sum payment
13in an amount equal to 70% of the net present value of his or her
14pension benefits in lieu of receiving any pension benefit, as
15calculated by the System using the actuarial tables and other
16assumptions adopted by the Board. A person who elects to
17receive an accelerated pension benefit payment under this
18Section may not elect to proceed under the Retirement Systems
19Reciprocal Act with respect to service under this Article.
20    (c) A person's credits and creditable service under this
21Article shall be terminated upon the person's receipt of an
22accelerated pension benefit payment under this Section, and no
23other benefit shall be paid under this Article based on those
24terminated credits and creditable service, including any
25retirement, survivor, or other benefit; except that to the
26extent that participation, benefits, or premiums under the

 

 

SB1820- 110 -LRB100 10677 RPS 20901 b

1State Employees Group Insurance Act of 1971 are based on the
2amount of service credit, the terminated service credit shall
3be used for that purpose.
4    (d) If a person who has received an accelerated pension
5benefit payment under this Section returns to active service
6under this Article, then:
7        (1) Any benefits under the System earned as a result of
8    that return to active service shall be based solely on the
9    person's credits and creditable service arising from the
10    return to active service.
11        (2) The accelerated pension benefit payment may not be
12    repaid to the System, and the terminated credits and
13    creditable service may not under any circumstances be
14    reinstated.
15    (e) As a condition of receiving an accelerated pension
16benefit payment, an eligible person must have another
17retirement plan or account qualified under the Internal Revenue
18Code of 1986, as amended, for the accelerated pension benefit
19payment to be rolled into. The accelerated pension benefit
20payment under this Section may be subject to withholding or
21payment of applicable taxes, but to the extent permitted by
22federal law, a person who receives an accelerated pension
23benefit payment under this Section must direct the System to
24pay all of that payment as a rollover into another retirement
25plan or account qualified under the Internal Revenue Code of
261986, as amended.

 

 

SB1820- 111 -LRB100 10677 RPS 20901 b

1    (f) Before January 1, 2019, the Board shall certify to the
2Illinois Finance Authority and the General Assembly the amount
3by which the total amount of accelerated pension benefit
4payments made under this Section exceed the amount appropriated
5to the System for the purpose of making those payments.
6    (g) The Board shall adopt any rules necessary to implement
7this Section.
8    (h) No provision of this Section shall be interpreted in a
9way that would cause the applicable System to cease to be a
10qualified plan under the Internal Revenue Code of 1986. No
11benefit shall be less than the minimum required to avoid the
12application of mandatory Social Security coverage.
 
13    (40 ILCS 5/18-161.6 new)
14    Sec. 18-161.6. Partial accelerated pension benefit
15payment.
16    (a) As used in this Section:
17    "Eligible person" means a person who:
18        (1) has terminated service;
19        (2) has met the age and service requirements to receive
20    a retirement annuity under this Article;
21        (3) has not received any retirement annuity under this
22    Article;
23        (4) does not have a QILDRO in effect against him or her
24    under this Article;
25        (5) has not elected to receive an accelerated pension

 

 

SB1820- 112 -LRB100 10677 RPS 20901 b

1    benefit payment under Section 18-161.5; and
2        (6) has received counseling, in a form and manner
3    developed by the Board by rule, regarding (i) the costs,
4    benefits, and risks of electing to receive a partial
5    accelerated pension benefit payment under this Section in
6    exchange for a reduction of a retirement annuity and (ii)
7    asset management.
8    "Pension benefit" means the benefits under this Article, or
9Article 1 as it relates to those benefits, including any
10anticipated annual increases, to which an eligible person is
11entitled. "Pension benefit" also includes a survivor's
12annuity, if applicable.
13    (b) Beginning January 1, 2018, an eligible person may make
14a written election with the System to receive a partial
15accelerated pension benefit payment in exchange for a reduction
16in pension benefits. In the written election, the eligible
17person shall specify the percentage by which pension benefits
18shall be reduced; however, a person may not elect a percentage
19reduction of his or her pension benefits that would result in a
20partial accelerated pension benefit payment of less than
21$50,000.
22    Before providing the partial accelerated pension benefit
23payment under this Section to a person, the System shall notify
24that person if the percentage elected for the reduction in his
25or her pension benefits would result in any applicable benefit
26being less than the minimum amount specified for the

 

 

SB1820- 113 -LRB100 10677 RPS 20901 b

1corresponding benefit in this Article, and the eligible person
2shall be provided the opportunity to change the amount of his
3or her election.
4    A person who elects to receive a partial accelerated
5pension benefit payment under this Section may not elect to
6proceed under the Retirement Systems Reciprocal Act with
7respect to service under this Article.
8    (c) The partial accelerated pension benefit payment under
9this Section shall be a one-time lump sum payment in an amount
10equal to 70% of the elected percentage. For the purposes of
11this Section, "elected percentage" means the percentage, as
12specified in the eligible person's written election, of the net
13present value of pension benefits, which shall be calculated by
14the System using the actuarial tables and other assumptions
15adopted by the Board.
16    A person who receives the partial accelerated pension
17benefit payment shall have his or her pension benefits reduced
18by the percentage specified in that person's written election.
19    (d) The percentage reduction in pension benefits may not
20under any circumstances be modified after the partial
21accelerated pension benefit payment under this Section is
22received. Notwithstanding any provision of this Article to the
23contrary, a person who elects to receive a partial accelerated
24pension benefit payment that results in an applicable benefit
25being less than the minimum amount specified for that benefit
26in this Article shall not be entitled to receive that minimum

 

 

SB1820- 114 -LRB100 10677 RPS 20901 b

1amount.
2    (e) If a person who has received a partial accelerated
3pension benefit payment under this Section returns to active
4service under this Article, then:
5        (1) Any benefits under the System earned as a result of
6    that return to active service shall be reduced by the
7    amount specified in that person's written election.
8        (2) The partial accelerated pension benefit payment
9    may not be repaid to the System.
10        (3) That person is not eligible to elect or receive any
11    additional partial accelerated pension benefit payment.
12    (f) The partial accelerated pension benefit payment under
13this Section may be subject to withholding or payment of
14applicable taxes, but to the extent permitted by federal law, a
15person who receives a partial accelerated pension benefit
16payment under this Section may direct the System to pay all or
17a portion of that payment as a rollover into another retirement
18plan or account qualified under the Internal Revenue Code of
191986, as amended.
20    (g) The Board shall adopt any rules necessary to implement
21this Section.
22    (h) No provision of this Section shall be interpreted in a
23way that would cause the applicable System to cease to be a
24qualified plan under the Internal Revenue Code of 1986. No
25benefit shall be less than the minimum required to avoid the
26application of mandatory Social Security coverage.
 

 

 

SB1820- 115 -LRB100 10677 RPS 20901 b

1    (40 ILCS 5/18-169)
2    Sec. 18-169. Application and expiration of new benefit
3increases.
4    (a) As used in this Section, "new benefit increase" means
5an increase in the amount of any benefit provided under this
6Article, or an expansion of the conditions of eligibility for
7any benefit under this Article, that results from an amendment
8to this Code that takes effect after June 1, 2005 (the
9effective date of Public Act 94-4). "New benefit increase",
10however, does not include any benefit increase resulting from
11the changes made to this Article by this amendatory Act of the
12100th General Assembly the effective date of this amendatory
13Act of the 94th General Assembly.
14    (b) Notwithstanding any other provision of this Code or any
15subsequent amendment to this Code, every new benefit increase
16is subject to this Section and shall be deemed to be granted
17only in conformance with and contingent upon compliance with
18the provisions of this Section.
19    (c) The Public Act enacting a new benefit increase must
20identify and provide for payment to the System of additional
21funding at least sufficient to fund the resulting annual
22increase in cost to the System as it accrues.
23    Every new benefit increase is contingent upon the General
24Assembly providing the additional funding required under this
25subsection. The Commission on Government Forecasting and

 

 

SB1820- 116 -LRB100 10677 RPS 20901 b

1Accountability shall analyze whether adequate additional
2funding has been provided for the new benefit increase and
3shall report its analysis to the Public Pension Division of the
4Department of Insurance Financial and Professional Regulation.
5A new benefit increase created by a Public Act that does not
6include the additional funding required under this subsection
7is null and void. If the Public Pension Division determines
8that the additional funding provided for a new benefit increase
9under this subsection is or has become inadequate, it may so
10certify to the Governor and the State Comptroller and, in the
11absence of corrective action by the General Assembly, the new
12benefit increase shall expire at the end of the fiscal year in
13which the certification is made.
14    (d) Every new benefit increase shall expire 5 years after
15its effective date or on such earlier date as may be specified
16in the language enacting the new benefit increase or provided
17under subsection (c). This does not prevent the General
18Assembly from extending or re-creating a new benefit increase
19by law.
20    (e) Except as otherwise provided in the language creating
21the new benefit increase, a new benefit increase that expires
22under this Section continues to apply to persons who applied
23and qualified for the affected benefit while the new benefit
24increase was in effect and to the affected beneficiaries and
25alternate payees of such persons, but does not apply to any
26other person, including without limitation a person who

 

 

SB1820- 117 -LRB100 10677 RPS 20901 b

1continues in service after the expiration date and did not
2apply and qualify for the affected benefit while the new
3benefit increase was in effect.
4(Source: P.A. 94-4, eff. 6-1-05.)
 
5    Section 30. The State Pension Funds Continuing
6Appropriation Act is amended by adding Section 1.9 as follows:
 
7    (40 ILCS 15/1.9 new)
8    Sec. 1.9. Appropriations for State Pension Obligation
9Acceleration Bonds. If for any reason the aggregate
10appropriations made available are insufficient to meet the
11levels required for the payment of principal and interest due
12on State Pension Obligation Acceleration Bonds under Section
137.6 of the General Obligation Bond Act, this Section shall
14constitute a continuing appropriation of all amounts necessary
15for those purposes.
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.

 

 

SB1820- 118 -LRB100 10677 RPS 20901 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 375/3from Ch. 127, par. 523
4    5 ILCS 375/10from Ch. 127, par. 530
5    20 ILCS 3501/801-40
6    30 ILCS 105/5.878 new
7    30 ILCS 330/2from Ch. 127, par. 652
8    30 ILCS 330/2.5
9    30 ILCS 330/7.6 new
10    30 ILCS 330/9from Ch. 127, par. 659
11    30 ILCS 330/11from Ch. 127, par. 661
12    30 ILCS 330/12from Ch. 127, par. 662
13    30 ILCS 330/13from Ch. 127, par. 663
14    40 ILCS 5/2-154.5 new
15    40 ILCS 5/2-154.6 new
16    40 ILCS 5/2-162
17    40 ILCS 5/14-147.5 new
18    40 ILCS 5/14-147.6 new
19    40 ILCS 5/14-152.1
20    40 ILCS 5/15-185.5 new
21    40 ILCS 5/15-185.6 new
22    40 ILCS 5/15-198
23    40 ILCS 5/16-190.5 new
24    40 ILCS 5/16-190.6 new
25    40 ILCS 5/16-203

 

 

SB1820- 119 -LRB100 10677 RPS 20901 b

1    40 ILCS 5/18-161.5 new
2    40 ILCS 5/18-161.6 new
3    40 ILCS 5/18-169
4    40 ILCS 15/1.9 new