99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2437

 

Introduced 2/9/2016, by Sen. Martin A. Sandoval

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/17-132  from Ch. 108 1/2, par. 17-132

    Amends the Chicago Teacher Article of the Illinois Pension Code. Provides that, in addition to certain listed items, reported payroll data must include any and all other data necessary for the Fund to calculate pension benefits. Provides that any necessary amendments or corrections to certified data provided by the employer must be made within one year after the certified data is received by the Fund. Effective immediately.


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PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2437LRB099 17093 EFG 41451 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 changing
5Section 17-132 as follows:
 
6    (40 ILCS 5/17-132)  (from Ch. 108 1/2, par. 17-132)
7    Sec. 17-132. Payments and certification of salary
8deductions.
9    (a) An Employer shall cause the Fund to receive all
10members' payroll records and pension contributions within 30
11calendar days after each predesignated payday. For purposes of
12this Section, the predesignated payday shall be determined in
13accordance with each Employer's payroll schedule for
14contributions to the Fund.
15    (b) An Employer that fails to timely certify and submit
16payroll records to the Fund is subject to a statutory penalty
17in the amount of $100 per day for each day that a required
18certification and submission is late.
19    Amounts not received by the 30th calendar day after the
20predesignated payday shall be deemed delinquent and subject to
21a penalty consisting of interest, which shall accrue on a
22monthly basis at the Fund's then effective actuarial rate of
23return, and liquidated damages in the amount of $100 per day,

 

 

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1not to exceed 20% of the principal contributions due, which
2shall be mandatory except for good cause shown and in the
3discretion of the Board.
4    An Employer in possession of member contributions deducted
5from payroll checks is holding Fund assets, and thus becomes a
6fiduciary over those assets.
7    (c) The payroll records shall report (1) all pensionable
8salary earned in that pay period, exclusive of salaries for
9overtime, special services, or any employment on an optional
10basis, such as in summer school; (2) adjustments to pensionable
11salary, exclusive of salaries for overtime, special services,
12or any employment on an optional basis, such as in summer
13school, made in a pay period for any prior pay periods; (3)
14pension contributions attributable to pensionable salary
15earned in the reported pay period or the adjusted pay period as
16required by subsection (b) of Section 17-131; and (4) any
17salary paid by an Employer if that salary is compensation for
18validated service and is exclusive of salary for overtime,
19special services, or any employment on an optional basis, such
20as in summer school; and (5) any and all other data necessary
21for the Fund to calculate pension benefits. Payroll records
22required by item (4) of this paragraph shall identify the
23number of days of service rendered by the member and whether
24each day of service represents a partial or whole day of
25service.
26    Any necessary amendments or corrections to certified data

 

 

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1provided by the employer must be made within one year after the
2certified data is received by the Fund.
3    (d) The appropriate officers of the Employer shall certify
4and submit the payroll records no later than 30 calendar days
5after each predesignated payday. The certification shall
6constitute a confirmation of the accuracy of such deductions
7according to the provisions of this Article.
8    Each Charter School shall designate an administrator as a
9"Pension Officer". The Pension Officer shall be responsible for
10certifying all payroll information, including contributions
11due and certified sick days payable pursuant to Section 17-134,
12and assuring resolution of reported payroll and contribution
13deficiencies.
14    (e) The Board has the authority to conduct payroll audits
15of a charter school to determine the existence of any
16delinquencies in contributions to the Fund, and such charter
17school shall be required to provide such books and records and
18contribution information as the Board or its authorized
19representative may require. The Board is also authorized to
20collect delinquent contributions from charter schools and
21develop procedures for the collection of such delinquencies.
22Collection procedures may include legal proceedings in the
23courts of the State of Illinois. Expenses, including reasonable
24attorneys' fees, incurred in the collection of delinquent
25contributions may be assessed by the Board against the charter
26school.

 

 

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1(Source: P.A. 98-427, eff. 8-16-13; 99-176, eff. 7-29-15.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.