Full Text of SB2818 99th General Assembly
SB2818sam001 99TH GENERAL ASSEMBLY | Sen. Terry Link Filed: 4/13/2016
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| 1 | | AMENDMENT TO SENATE BILL 2818
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2818 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Pension Code is amended by | 5 | | changing Sections 9-169 and 10-107 as follows:
| 6 | | (40 ILCS 5/9-169) (from Ch. 108 1/2, par. 9-169)
| 7 | | Sec. 9-169. Financing - Tax levy. | 8 | | (a) The county board shall levy a
tax annually upon all | 9 | | taxable property in the county at the rate that
will produce a | 10 | | sum which, when added to the amounts deducted from the salaries
| 11 | | of the employees or otherwise contributed by them is sufficient
| 12 | | for the requirements of this Article.
| 13 | | For the years before 1962 the tax rate shall be as provided | 14 | | in "The
1925 Act". For the years 1962 and 1963 the tax rate | 15 | | shall be not more
than .0200 per cent; for the years 1964 and | 16 | | 1965 the tax rate shall be
not more than .0202 per cent; for |
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| 1 | | the years 1966 and 1967 the tax rate
shall be not more than | 2 | | .0207 per cent; for the year 1968 the tax rate
shall be not | 3 | | more than .0220 per cent; for the year 1969 the tax rate
shall | 4 | | be not more than .0233 per cent; for the year 1970 the tax rate
| 5 | | shall be not more than .0255 per cent; for the year 1971 the | 6 | | tax rate
shall be not more than .0268 per cent of the value, as | 7 | | equalized or
assessed by the Department of Revenue upon all | 8 | | taxable
property in the county. Beginning with the year 1972 | 9 | | and for each year
thereafter the county shall levy a tax | 10 | | annually at a rate on the dollar
of the value, as equalized or | 11 | | assessed by the Department of Revenue
of all taxable property | 12 | | within the county that will
produce, when extended, not to | 13 | | exceed an amount equal to the total
amount of contributions | 14 | | made by the employees to the
fund in the calendar year 2 years | 15 | | prior to the year for which the annual
applicable tax is levied | 16 | | multiplied by .8 for the years 1972 through
1976; by .8 for the | 17 | | year 1977; by .87 for the year 1978; by .94 for the
year 1979; | 18 | | by 1.02 for the year 1980 and by 1.10 for the year 1981 and
by | 19 | | 1.18 for the year 1982 and by 1.36 for the year 1983 and by 1.54 | 20 | | for
the years year 1984 through 2015; and by 2.25 for the years | 21 | | 2016 through 2019; and by 3.00 for the years 2020 through 2023 | 22 | | and for each year thereafter .
| 23 | | Beginning in the year 2024 and for each year thereafter, | 24 | | the county shall levy a tax annually upon all taxable property | 25 | | within the county at a rate that will produce a sum that, when | 26 | | added to the amounts deducted from the salaries of the |
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| 1 | | employees or otherwise contributed by them and revenues from | 2 | | other sources, will equal a sum sufficient to meet the annual | 3 | | actuarial requirements of the pension fund as determined by a | 4 | | qualified actuary retained by the pension fund. For the | 5 | | purposes of this subsection (a), the annual actuarial | 6 | | requirements of the pension fund are equal to (1) the | 7 | | employer's normal cost of the pension fund, plus (2) the annual | 8 | | amount necessary to amortize the fund's unfunded accrued | 9 | | liabilities over a period of 30 years from the effective date | 10 | | of the evaluation. | 11 | | This tax shall be levied and collected in like manner with | 12 | | the
general taxes of the county, and shall be in addition to | 13 | | all other taxes
which the county is authorized to levy upon the | 14 | | aggregate valuation of
all taxable property within the county | 15 | | and shall be exclusive of and in
addition to the amount of tax | 16 | | the county is authorized to levy for
general purposes under any | 17 | | laws which may limit the amount of tax which
the county may | 18 | | levy for general purposes. The county clerk, in reducing
tax | 19 | | levies under any Act concerning the levy and extension of | 20 | | taxes,
shall not consider this tax as a part of the general tax | 21 | | levy for county
purposes, and shall not include it within any | 22 | | limitation of the per cent
of the assessed valuation upon which | 23 | | taxes are required to be extended
for the county. It is lawful | 24 | | to extend this tax in addition to the
general county rate fixed | 25 | | by statute, without being authorized as
additional by a vote of | 26 | | the people of the county.
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| 1 | | Revenues derived from this tax shall be paid to the | 2 | | treasurer of the
county and held by him for the benefit of the | 3 | | fund.
| 4 | | If the payments on account of taxes are insufficient during | 5 | | any year
to meet the requirements of this Article, the county | 6 | | may issue tax
anticipation warrants against the current tax | 7 | | levy.
| 8 | | (b) By January 10, annually, the board shall notify the | 9 | | county board
of the requirement of this Article that this tax | 10 | | shall be levied. The
board shall make an annual determination
| 11 | | of the required county contributions, and shall certify the | 12 | | results
thereof to the county board.
| 13 | | (c) The various sums to be contributed by the county board | 14 | | and
allocated for the purposes of this Article and any interest | 15 | | to be
contributed by the county shall be taken from the revenue | 16 | | derived from
this tax or from any revenue source, including, | 17 | | but not limited to, other tax revenue, proceeds of county | 18 | | borrowings or and no money of the county derived from any | 19 | | source other than
the levy and collection of this tax or the | 20 | | sale of tax anticipation
warrants, except state or federal | 21 | | funds contributed for annuity and
benefit purposes for | 22 | | employees of a county department of public aid
under "The | 23 | | Illinois Public Aid Code", approved April 11, 1967, as now or
| 24 | | hereafter amended, may be used to provide revenue for the fund .
| 25 | | If it is not possible or practicable for the county to make
| 26 | | contributions for age and service annuity and widow's annuity
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| 1 | | concurrently with the employee contributions made for such | 2 | | purposes,
such county shall make such contributions as soon as | 3 | | possible and
practicable thereafter with interest thereon at | 4 | | the effective rate until
the time it shall be made.
| 5 | | (d) With respect to employees whose wages are funded as | 6 | | participants
under the Comprehensive Employment and Training | 7 | | Act of 1973, as amended
(P.L. 93-203, 87 Stat. 839, P.L. | 8 | | 93-567, 88 Stat. 1845), hereinafter
referred to as CETA, | 9 | | subsequent to October 1, 1978, and in instances
where the board | 10 | | has elected to establish a manpower program reserve, the
board | 11 | | shall compute the amounts necessary to be credited to the | 12 | | manpower
program reserves established and maintained as herein | 13 | | provided, and
shall make a periodic determination of the amount | 14 | | of required
contributions from the County to the reserve to be | 15 | | reimbursed by the
federal government in accordance with rules | 16 | | and regulations established
by the Secretary of the United | 17 | | States Department of Labor or his
designee, and certify the | 18 | | results thereof to the County Board. Any such
amounts shall | 19 | | become a credit to the County and will be used to reduce
the | 20 | | amount which the County would otherwise contribute during | 21 | | succeeding
years for all employees.
| 22 | | (e) In lieu of establishing a manpower program reserve with | 23 | | respect
to employees whose wages are funded as participants | 24 | | under the
Comprehensive Employment and Training Act of 1973, as | 25 | | authorized by
subsection (d), the board may elect to establish | 26 | | a special County
contribution rate for all such employees. If |
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| 1 | | this option is elected, the
County shall contribute to the Fund | 2 | | from federal funds provided under
the Comprehensive Employment | 3 | | and Training Act program at the special
rate so established and | 4 | | such contributions shall become a credit to the
County and be | 5 | | used to reduce the amount which the County would otherwise
| 6 | | contribute during succeeding years for all employees.
| 7 | | (Source: P.A. 95-369, eff. 8-23-07.)
| 8 | | (40 ILCS 5/10-107) (from Ch. 108 1/2, par. 10-107)
| 9 | | Sec. 10-107. Financing - Tax levy. The forest preserve | 10 | | district may
levy an annual tax on the value, as equalized or | 11 | | assessed by the
Department of Revenue, of all taxable property | 12 | | in the
district for the purpose of providing revenue for the | 13 | | fund. The rate of
such tax in any year may not exceed the rate | 14 | | herein specified for that
year or the rate which will produce, | 15 | | when extended, the sum herein
stated for that year, whichever | 16 | | is higher: for any year prior to 1970,
.00103% or $195,000; for | 17 | | the year 1970, .00111% or $210,000; for the
year 1971, .00116% | 18 | | or $220,000. For the year 1972 and each year
thereafter, the | 19 | | Forest Preserve District shall levy a tax annually at a
rate on | 20 | | the dollar of the value, as equalized or assessed by the
| 21 | | Department of Revenue upon all taxable property in the
county, | 22 | | when extended, not to exceed an amount equal to the total | 23 | | amount
of contributions by the employees to the fund made in | 24 | | the calendar year
2 years prior to the year for which the | 25 | | annual applicable tax is levied,
multiplied by 1.25 for the |
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| 1 | | year 1972; and by 1.30 for the years year 1973 through 2015; | 2 | | and by 2.25 for the years 2016 through 2019; and by 3.00 for | 3 | | the years 2020 through 2023. and
for each year thereafter .
| 4 | | Beginning in the year 2024 and for each year thereafter, | 5 | | the forest preserve district shall levy a tax annually upon all | 6 | | taxable property within the district at a rate that will | 7 | | produce a sum that, when added to the amounts deducted from the | 8 | | salaries of the employees or otherwise contributed by them, and | 9 | | revenues from other sources, will equal a sum sufficient to | 10 | | meet the annual actuarial requirements of the pension fund as | 11 | | determined by a qualified actuary retained by the pension fund. | 12 | | For the purposes of this Section, the annual actuarial | 13 | | requirements of the pension fund are equal to (1) the | 14 | | employer's normal cost of the pension fund, plus (2) the annual | 15 | | amount necessary to amortize the fund's unfunded accrued | 16 | | liabilities over a period of 30 years from the effective date | 17 | | of the evaluation. | 18 | | The tax shall be levied and collected in like manner with | 19 | | the general
taxes of the district and shall be in addition to | 20 | | the maximum of all
other tax rates which the district may levy | 21 | | upon the aggregate valuation
of all taxable property and shall | 22 | | be exclusive of and in addition to the
maximum amount and rate | 23 | | of taxes the district may levy for general
purposes or under | 24 | | and by virtue of any laws which limit the amount of
tax which | 25 | | the district may levy for general purposes. The county clerk
of | 26 | | the county in which the forest preserve district is located in
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| 1 | | reducing tax levies under the provisions of "An Act concerning | 2 | | the levy
and extension of taxes", approved May 9, 1901, as | 3 | | amended, shall not
consider any such tax as a part of the | 4 | | general tax levy for forest
preserve purposes, and shall not | 5 | | include the same in the limitation of
1% of the assessed | 6 | | valuation upon which taxes are required to be
extended, and | 7 | | shall not reduce the same under the provisions of that
Act. The | 8 | | proceeds of the tax herein authorized shall be kept as a
| 9 | | separate fund.
| 10 | | The Board may establish a manpower program reserve, or a | 11 | | special
forest preserve district contribution rate, with | 12 | | respect to employees
whose wages are funded as program | 13 | | participants under the Comprehensive
Employment and Training | 14 | | Act of 1973 in the manner provided in subsection
(d) or (e), | 15 | | respectively, of Section 9-169.
| 16 | | (Source: P.A. 81-1509.)
| 17 | | Section 90. The State Mandates Act is amended by adding | 18 | | Section 8.40 as follows: | 19 | | (30 ILCS 805/8.40 new) | 20 | | Sec. 8.40. Exempt mandate. Notwithstanding Sections 6 and 8 | 21 | | of this Act, no reimbursement by the State is required for the | 22 | | implementation of any mandate created by this amendatory Act of | 23 | | the 99th General Assembly.
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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