100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2954

 

Introduced 2/14/2018, by Sen. Omar Aquino

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/15-155.1 new

    Amends the State Universities Article of the Illinois Pension Code. Provides that if an employer fails to transmit required contributions to the System for more than 120 days after the payment of those contributions is due, the Board may certify to the State Comptroller the amount of those delinquent employer contributions and the State Comptroller shall deduct the certified amount from State funds to the employer and remit the amount deducted to the System. Provides that if State funds from which those deductions may be made are not available or if deductions are delayed for longer than 120 days after the date of the certification to the Comptroller, the Board may proceed against the employer to recover the amounts of such delinquent payments in the appropriate circuit court. Adds similar provisions if the employer is a community college district. Makes other changes. Effective immediately.


LRB100 17269 RPS 32428 b

FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2954LRB100 17269 RPS 32428 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by adding
5Section 15-155.1 as follows:
 
6    (40 ILCS 5/15-155.1 new)
7    Sec. 15-155.1. Actions to enforce payments by employers.
8    (a) Except as otherwise specified, if any employer fails to
9transmit to the System contributions required of it under this
10Article or contributions collected by it from its participating
11employees for the purposes of this Article for more than 120
12days after the payment of those contributions is due, the
13Board, after giving notice to that employer, may certify to the
14State Comptroller the amounts of such delinquent payments in
15accordance with any applicable rules of the Comptroller, and
16the Comptroller shall deduct the amounts so certified or any
17part thereof from any payments of State funds to the employer
18involved and shall remit the amount so deducted to the System.
19If State funds from which such deductions may be made are not
20available or if deductions are delayed for longer than 120 days
21after the date of the certification to the Comptroller, the
22Board may proceed against the employer to recover the amounts
23of such delinquent payments in the appropriate circuit court.

 

 

SB2954- 2 -LRB100 17269 RPS 32428 b

1    (b) Except as otherwise specified, if any employer that is
2a community college district fails to transmit to the System
3contributions required of it under this Article or
4contributions collected by it from its participating employees
5for the purposes of this Article for more than 120 days after
6the payment of those contributions is due, the Board, after
7giving notice to that employer, may certify the fact of such
8delinquent payment to the county treasurer of the county in
9which that employer is located, who shall thereafter remit the
10amounts collected from any taxes levied by the employer
11directly to the System. If the funds from which such
12remittances may be made are not available or if the remittances
13are delayed for longer than 120 days after the date of the
14certification to the county treasurer, the Board may proceed
15against the employer to recover the amounts of such delinquent
16payments in the appropriate circuit court.
17    (c) Nothing in this Section prohibits the Board from
18proceeding against an employer to recover the amounts of any
19delinquent payments in the appropriate circuit court.
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.