HB0417 EnrolledLRB102 09987 RPS 15305 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 Property Tax Code is amended by changing
5Section 18-185 as follows:
 
6    (35 ILCS 200/18-185)
7    Sec. 18-185. Short title; definitions. This Division 5
8may be cited as the Property Tax Extension Limitation Law. As
9used in this Division 5:
10    "Consumer Price Index" means the Consumer Price Index for
11All Urban Consumers for all items published by the United
12States Department of Labor.
13    "Extension limitation" means (a) the lesser of 5% or the
14percentage increase in the Consumer Price Index during the
1512-month calendar year preceding the levy year or (b) the rate
16of increase approved by voters under Section 18-205.
17    "Affected county" means a county of 3,000,000 or more
18inhabitants or a county contiguous to a county of 3,000,000 or
19more inhabitants.
20    "Taxing district" has the same meaning provided in Section
211-150, except as otherwise provided in this Section. For the
221991 through 1994 levy years only, "taxing district" includes
23only each non-home rule taxing district having the majority of

 

 

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1its 1990 equalized assessed value within any county or
2counties contiguous to a county with 3,000,000 or more
3inhabitants. Beginning with the 1995 levy year, "taxing
4district" includes only each non-home rule taxing district
5subject to this Law before the 1995 levy year and each non-home
6rule taxing district not subject to this Law before the 1995
7levy year having the majority of its 1994 equalized assessed
8value in an affected county or counties. Beginning with the
9levy year in which this Law becomes applicable to a taxing
10district as provided in Section 18-213, "taxing district" also
11includes those taxing districts made subject to this Law as
12provided in Section 18-213.
13    "Aggregate extension" for taxing districts to which this
14Law applied before the 1995 levy year means the annual
15corporate extension for the taxing district and those special
16purpose extensions that are made annually for the taxing
17district, excluding special purpose extensions: (a) made for
18the taxing district to pay interest or principal on general
19obligation bonds that were approved by referendum; (b) made
20for any taxing district to pay interest or principal on
21general obligation bonds issued before October 1, 1991; (c)
22made for any taxing district to pay interest or principal on
23bonds issued to refund or continue to refund those bonds
24issued before October 1, 1991; (d) made for any taxing
25district to pay interest or principal on bonds issued to
26refund or continue to refund bonds issued after October 1,

 

 

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11991 that were approved by referendum; (e) made for any taxing
2district to pay interest or principal on revenue bonds issued
3before October 1, 1991 for payment of which a property tax levy
4or the full faith and credit of the unit of local government is
5pledged; however, a tax for the payment of interest or
6principal on those bonds shall be made only after the
7governing body of the unit of local government finds that all
8other sources for payment are insufficient to make those
9payments; (f) made for payments under a building commission
10lease when the lease payments are for the retirement of bonds
11issued by the commission before October 1, 1991, to pay for the
12building project; (g) made for payments due under installment
13contracts entered into before October 1, 1991; (h) made for
14payments of principal and interest on bonds issued under the
15Metropolitan Water Reclamation District Act to finance
16construction projects initiated before October 1, 1991; (i)
17made for payments of principal and interest on limited bonds,
18as defined in Section 3 of the Local Government Debt Reform
19Act, in an amount not to exceed the debt service extension base
20less the amount in items (b), (c), (e), and (h) of this
21definition for non-referendum obligations, except obligations
22initially issued pursuant to referendum; (j) made for payments
23of principal and interest on bonds issued under Section 15 of
24the Local Government Debt Reform Act; (k) made by a school
25district that participates in the Special Education District
26of Lake County, created by special education joint agreement

 

 

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1under Section 10-22.31 of the School Code, for payment of the
2school district's share of the amounts required to be
3contributed by the Special Education District of Lake County
4to the Illinois Municipal Retirement Fund under Article 7 of
5the Illinois Pension Code; the amount of any extension under
6this item (k) shall be certified by the school district to the
7county clerk; (l) made to fund expenses of providing joint
8recreational programs for persons with disabilities under
9Section 5-8 of the Park District Code or Section 11-95-14 of
10the Illinois Municipal Code; (m) made for temporary relocation
11loan repayment purposes pursuant to Sections 2-3.77 and
1217-2.2d of the School Code; (n) made for payment of principal
13and interest on any bonds issued under the authority of
14Section 17-2.2d of the School Code; (o) made for contributions
15to a firefighter's pension fund created under Article 4 of the
16Illinois Pension Code, to the extent of the amount certified
17under item (5) of Section 4-134 of the Illinois Pension Code;
18and (p) made for road purposes in the first year after a
19township assumes the rights, powers, duties, assets, property,
20liabilities, obligations, and responsibilities of a road
21district abolished under the provisions of Section 6-133 of
22the Illinois Highway Code.
23    "Aggregate extension" for the taxing districts to which
24this Law did not apply before the 1995 levy year (except taxing
25districts subject to this Law in accordance with Section
2618-213) means the annual corporate extension for the taxing

 

 

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1district and those special purpose extensions that are made
2annually for the taxing district, excluding special purpose
3extensions: (a) made for the taxing district to pay interest
4or principal on general obligation bonds that were approved by
5referendum; (b) made for any taxing district to pay interest
6or principal on general obligation bonds issued before March
71, 1995; (c) made for any taxing district to pay interest or
8principal on bonds issued to refund or continue to refund
9those bonds issued before March 1, 1995; (d) made for any
10taxing district to pay interest or principal on bonds issued
11to refund or continue to refund bonds issued after March 1,
121995 that were approved by referendum; (e) made for any taxing
13district to pay interest or principal on revenue bonds issued
14before March 1, 1995 for payment of which a property tax levy
15or the full faith and credit of the unit of local government is
16pledged; however, a tax for the payment of interest or
17principal on those bonds shall be made only after the
18governing body of the unit of local government finds that all
19other sources for payment are insufficient to make those
20payments; (f) made for payments under a building commission
21lease when the lease payments are for the retirement of bonds
22issued by the commission before March 1, 1995 to pay for the
23building project; (g) made for payments due under installment
24contracts entered into before March 1, 1995; (h) made for
25payments of principal and interest on bonds issued under the
26Metropolitan Water Reclamation District Act to finance

 

 

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1construction projects initiated before October 1, 1991; (h-4)
2made for stormwater management purposes by the Metropolitan
3Water Reclamation District of Greater Chicago under Section 12
4of the Metropolitan Water Reclamation District Act; (i) made
5for payments of principal and interest on limited bonds, as
6defined in Section 3 of the Local Government Debt Reform Act,
7in an amount not to exceed the debt service extension base less
8the amount in items (b), (c), and (e) of this definition for
9non-referendum obligations, except obligations initially
10issued pursuant to referendum and bonds described in
11subsection (h) of this definition; (j) made for payments of
12principal and interest on bonds issued under Section 15 of the
13Local Government Debt Reform Act; (k) made for payments of
14principal and interest on bonds authorized by Public Act
1588-503 and issued under Section 20a of the Chicago Park
16District Act for aquarium or museum projects and bonds issued
17under Section 20a of the Chicago Park District Act for the
18purpose of making contributions to the pension fund
19established under Article 12 of the Illinois Pension Code; (l)
20made for payments of principal and interest on bonds
21authorized by Public Act 87-1191 or 93-601 and (i) issued
22pursuant to Section 21.2 of the Cook County Forest Preserve
23District Act, (ii) issued under Section 42 of the Cook County
24Forest Preserve District Act for zoological park projects, or
25(iii) issued under Section 44.1 of the Cook County Forest
26Preserve District Act for botanical gardens projects; (m) made

 

 

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1pursuant to Section 34-53.5 of the School Code, whether levied
2annually or not; (n) made to fund expenses of providing joint
3recreational programs for persons with disabilities under
4Section 5-8 of the Park District Code or Section 11-95-14 of
5the Illinois Municipal Code; (o) made by the Chicago Park
6District for recreational programs for persons with
7disabilities under subsection (c) of Section 7.06 of the
8Chicago Park District Act; (p) made for contributions to a
9firefighter's pension fund created under Article 4 of the
10Illinois Pension Code, to the extent of the amount certified
11under item (5) of Section 4-134 of the Illinois Pension Code;
12(q) made by Ford Heights School District 169 under Section
1317-9.02 of the School Code; and (r) made for the purpose of
14making employer contributions to the Public School Teachers'
15Pension and Retirement Fund of Chicago under Section 34-53 of
16the School Code.
17    "Aggregate extension" for all taxing districts to which
18this Law applies in accordance with Section 18-213, except for
19those taxing districts subject to paragraph (2) of subsection
20(e) of Section 18-213, means the annual corporate extension
21for the taxing district and those special purpose extensions
22that are made annually for the taxing district, excluding
23special purpose extensions: (a) made for the taxing district
24to pay interest or principal on general obligation bonds that
25were approved by referendum; (b) made for any taxing district
26to pay interest or principal on general obligation bonds

 

 

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1issued before the date on which the referendum making this Law
2applicable to the taxing district is held; (c) made for any
3taxing district to pay interest or principal on bonds issued
4to refund or continue to refund those bonds issued before the
5date on which the referendum making this Law applicable to the
6taxing district is held; (d) made for any taxing district to
7pay interest or principal on bonds issued to refund or
8continue to refund bonds issued after the date on which the
9referendum making this Law applicable to the taxing district
10is held if the bonds were approved by referendum after the date
11on which the referendum making this Law applicable to the
12taxing district is held; (e) made for any taxing district to
13pay interest or principal on revenue bonds issued before the
14date on which the referendum making this Law applicable to the
15taxing district is held for payment of which a property tax
16levy or the full faith and credit of the unit of local
17government is pledged; however, a tax for the payment of
18interest or principal on those bonds shall be made only after
19the governing body of the unit of local government finds that
20all other sources for payment are insufficient to make those
21payments; (f) made for payments under a building commission
22lease when the lease payments are for the retirement of bonds
23issued by the commission before the date on which the
24referendum making this Law applicable to the taxing district
25is held to pay for the building project; (g) made for payments
26due under installment contracts entered into before the date

 

 

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1on which the referendum making this Law applicable to the
2taxing district is held; (h) made for payments of principal
3and interest on limited bonds, as defined in Section 3 of the
4Local Government Debt Reform Act, in an amount not to exceed
5the debt service extension base less the amount in items (b),
6(c), and (e) of this definition for non-referendum
7obligations, except obligations initially issued pursuant to
8referendum; (i) made for payments of principal and interest on
9bonds issued under Section 15 of the Local Government Debt
10Reform Act; (j) made for a qualified airport authority to pay
11interest or principal on general obligation bonds issued for
12the purpose of paying obligations due under, or financing
13airport facilities required to be acquired, constructed,
14installed or equipped pursuant to, contracts entered into
15before March 1, 1996 (but not including any amendments to such
16a contract taking effect on or after that date); (k) made to
17fund expenses of providing joint recreational programs for
18persons with disabilities under Section 5-8 of the Park
19District Code or Section 11-95-14 of the Illinois Municipal
20Code; (l) made for contributions to a firefighter's pension
21fund created under Article 4 of the Illinois Pension Code, to
22the extent of the amount certified under item (5) of Section
234-134 of the Illinois Pension Code; and (m) made for the taxing
24district to pay interest or principal on general obligation
25bonds issued pursuant to Section 19-3.10 of the School Code.
26    "Aggregate extension" for all taxing districts to which

 

 

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1this Law applies in accordance with paragraph (2) of
2subsection (e) of Section 18-213 means the annual corporate
3extension for the taxing district and those special purpose
4extensions that are made annually for the taxing district,
5excluding special purpose extensions: (a) made for the taxing
6district to pay interest or principal on general obligation
7bonds that were approved by referendum; (b) made for any
8taxing district to pay interest or principal on general
9obligation bonds issued before March 7, 1997 (the effective
10date of Public Act 89-718) this amendatory Act of 1997; (c)
11made for any taxing district to pay interest or principal on
12bonds issued to refund or continue to refund those bonds
13issued before March 7, 1997 (the effective date of Public Act
1489-718) this amendatory Act of 1997; (d) made for any taxing
15district to pay interest or principal on bonds issued to
16refund or continue to refund bonds issued after March 7, 1997
17(the effective date of Public Act 89-718) this amendatory Act
18of 1997 if the bonds were approved by referendum after March 7,
191997 (the effective date of Public Act 89-718) this amendatory
20Act of 1997; (e) made for any taxing district to pay interest
21or principal on revenue bonds issued before March 7, 1997 (the
22effective date of Public Act 89-718) this amendatory Act of
231997 for payment of which a property tax levy or the full faith
24and credit of the unit of local government is pledged;
25however, a tax for the payment of interest or principal on
26those bonds shall be made only after the governing body of the

 

 

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1unit of local government finds that all other sources for
2payment are insufficient to make those payments; (f) made for
3payments under a building commission lease when the lease
4payments are for the retirement of bonds issued by the
5commission before March 7, 1997 (the effective date of Public
6Act 89-718) this amendatory Act of 1997 to pay for the building
7project; (g) made for payments due under installment contracts
8entered into before March 7, 1997 (the effective date of
9Public Act 89-718) this amendatory Act of 1997; (h) made for
10payments of principal and interest on limited bonds, as
11defined in Section 3 of the Local Government Debt Reform Act,
12in an amount not to exceed the debt service extension base less
13the amount in items (b), (c), and (e) of this definition for
14non-referendum obligations, except obligations initially
15issued pursuant to referendum; (i) made for payments of
16principal and interest on bonds issued under Section 15 of the
17Local Government Debt Reform Act; (j) made for a qualified
18airport authority to pay interest or principal on general
19obligation bonds issued for the purpose of paying obligations
20due under, or financing airport facilities required to be
21acquired, constructed, installed or equipped pursuant to,
22contracts entered into before March 1, 1996 (but not including
23any amendments to such a contract taking effect on or after
24that date); (k) made to fund expenses of providing joint
25recreational programs for persons with disabilities under
26Section 5-8 of the Park District Code or Section 11-95-14 of

 

 

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1the Illinois Municipal Code; and (l) made for contributions to
2a firefighter's pension fund created under Article 4 of the
3Illinois Pension Code, to the extent of the amount certified
4under item (5) of Section 4-134 of the Illinois Pension Code.
5    "Debt service extension base" means an amount equal to
6that portion of the extension for a taxing district for the
71994 levy year, or for those taxing districts subject to this
8Law in accordance with Section 18-213, except for those
9subject to paragraph (2) of subsection (e) of Section 18-213,
10for the levy year in which the referendum making this Law
11applicable to the taxing district is held, or for those taxing
12districts subject to this Law in accordance with paragraph (2)
13of subsection (e) of Section 18-213 for the 1996 levy year,
14constituting an extension for payment of principal and
15interest on bonds issued by the taxing district without
16referendum, but not including excluded non-referendum bonds.
17For park districts (i) that were first subject to this Law in
181991 or 1995 and (ii) whose extension for the 1994 levy year
19for the payment of principal and interest on bonds issued by
20the park district without referendum (but not including
21excluded non-referendum bonds) was less than 51% of the amount
22for the 1991 levy year constituting an extension for payment
23of principal and interest on bonds issued by the park district
24without referendum (but not including excluded non-referendum
25bonds), "debt service extension base" means an amount equal to
26that portion of the extension for the 1991 levy year

 

 

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1constituting an extension for payment of principal and
2interest on bonds issued by the park district without
3referendum (but not including excluded non-referendum bonds).
4A debt service extension base established or increased at any
5time pursuant to any provision of this Law, except Section
618-212, shall be increased each year commencing with the later
7of (i) the 2009 levy year or (ii) the first levy year in which
8this Law becomes applicable to the taxing district, by the
9lesser of 5% or the percentage increase in the Consumer Price
10Index during the 12-month calendar year preceding the levy
11year. The debt service extension base may be established or
12increased as provided under Section 18-212. "Excluded
13non-referendum bonds" means (i) bonds authorized by Public Act
1488-503 and issued under Section 20a of the Chicago Park
15District Act for aquarium and museum projects; (ii) bonds
16issued under Section 15 of the Local Government Debt Reform
17Act; or (iii) refunding obligations issued to refund or to
18continue to refund obligations initially issued pursuant to
19referendum.
20    "Special purpose extensions" include, but are not limited
21to, extensions for levies made on an annual basis for
22unemployment and workers' compensation, self-insurance,
23contributions to pension plans, and extensions made pursuant
24to Section 6-601 of the Illinois Highway Code for a road
25district's permanent road fund whether levied annually or not.
26The extension for a special service area is not included in the

 

 

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1aggregate extension.
2    "Aggregate extension base" means the taxing district's
3last preceding aggregate extension as adjusted under Sections
418-135, 18-215, 18-230, and 18-206. An adjustment under
5Section 18-135 shall be made for the 2007 levy year and all
6subsequent levy years whenever one or more counties within
7which a taxing district is located (i) used estimated
8valuations or rates when extending taxes in the taxing
9district for the last preceding levy year that resulted in the
10over or under extension of taxes, or (ii) increased or
11decreased the tax extension for the last preceding levy year
12as required by Section 18-135(c). Whenever an adjustment is
13required under Section 18-135, the aggregate extension base of
14the taxing district shall be equal to the amount that the
15aggregate extension of the taxing district would have been for
16the last preceding levy year if either or both (i) actual,
17rather than estimated, valuations or rates had been used to
18calculate the extension of taxes for the last levy year, or
19(ii) the tax extension for the last preceding levy year had not
20been adjusted as required by subsection (c) of Section 18-135.
21    Notwithstanding any other provision of law, for levy year
222012, the aggregate extension base for West Northfield School
23District No. 31 in Cook County shall be $12,654,592.
24    "Levy year" has the same meaning as "year" under Section
251-155.
26    "New property" means (i) the assessed value, after final

 

 

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1board of review or board of appeals action, of new
2improvements or additions to existing improvements on any
3parcel of real property that increase the assessed value of
4that real property during the levy year multiplied by the
5equalization factor issued by the Department under Section
617-30, (ii) the assessed value, after final board of review or
7board of appeals action, of real property not exempt from real
8estate taxation, which real property was exempt from real
9estate taxation for any portion of the immediately preceding
10levy year, multiplied by the equalization factor issued by the
11Department under Section 17-30, including the assessed value,
12upon final stabilization of occupancy after new construction
13is complete, of any real property located within the
14boundaries of an otherwise or previously exempt military
15reservation that is intended for residential use and owned by
16or leased to a private corporation or other entity, (iii) in
17counties that classify in accordance with Section 4 of Article
18IX of the Illinois Constitution, an incentive property's
19additional assessed value resulting from a scheduled increase
20in the level of assessment as applied to the first year final
21board of review market value, and (iv) any increase in
22assessed value due to oil or gas production from an oil or gas
23well required to be permitted under the Hydraulic Fracturing
24Regulatory Act that was not produced in or accounted for
25during the previous levy year. In addition, the county clerk
26in a county containing a population of 3,000,000 or more shall

 

 

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1include in the 1997 recovered tax increment value for any
2school district, any recovered tax increment value that was
3applicable to the 1995 tax year calculations.
4    "Qualified airport authority" means an airport authority
5organized under the Airport Authorities Act and located in a
6county bordering on the State of Wisconsin and having a
7population in excess of 200,000 and not greater than 500,000.
8    "Recovered tax increment value" means, except as otherwise
9provided in this paragraph, the amount of the current year's
10equalized assessed value, in the first year after a
11municipality terminates the designation of an area as a
12redevelopment project area previously established under the
13Tax Increment Allocation Redevelopment Development Act in the
14Illinois Municipal Code, previously established under the
15Industrial Jobs Recovery Law in the Illinois Municipal Code,
16previously established under the Economic Development Project
17Area Tax Increment Act of 1995, or previously established
18under the Economic Development Area Tax Increment Allocation
19Act, of each taxable lot, block, tract, or parcel of real
20property in the redevelopment project area over and above the
21initial equalized assessed value of each property in the
22redevelopment project area. For the taxes which are extended
23for the 1997 levy year, the recovered tax increment value for a
24non-home rule taxing district that first became subject to
25this Law for the 1995 levy year because a majority of its 1994
26equalized assessed value was in an affected county or counties

 

 

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1shall be increased if a municipality terminated the
2designation of an area in 1993 as a redevelopment project area
3previously established under the Tax Increment Allocation
4Redevelopment Development Act in the Illinois Municipal Code,
5previously established under the Industrial Jobs Recovery Law
6in the Illinois Municipal Code, or previously established
7under the Economic Development Area Tax Increment Allocation
8Act, by an amount equal to the 1994 equalized assessed value of
9each taxable lot, block, tract, or parcel of real property in
10the redevelopment project area over and above the initial
11equalized assessed value of each property in the redevelopment
12project area. In the first year after a municipality removes a
13taxable lot, block, tract, or parcel of real property from a
14redevelopment project area established under the Tax Increment
15Allocation Redevelopment Development Act in the Illinois
16Municipal Code, the Industrial Jobs Recovery Law in the
17Illinois Municipal Code, or the Economic Development Area Tax
18Increment Allocation Act, "recovered tax increment value"
19means the amount of the current year's equalized assessed
20value of each taxable lot, block, tract, or parcel of real
21property removed from the redevelopment project area over and
22above the initial equalized assessed value of that real
23property before removal from the redevelopment project area.
24    Except as otherwise provided in this Section, "limiting
25rate" means a fraction the numerator of which is the last
26preceding aggregate extension base times an amount equal to

 

 

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1one plus the extension limitation defined in this Section and
2the denominator of which is the current year's equalized
3assessed value of all real property in the territory under the
4jurisdiction of the taxing district during the prior levy
5year. For those taxing districts that reduced their aggregate
6extension for the last preceding levy year, except for school
7districts that reduced their extension for educational
8purposes pursuant to Section 18-206, the highest aggregate
9extension in any of the last 3 preceding levy years shall be
10used for the purpose of computing the limiting rate. The
11denominator shall not include new property or the recovered
12tax increment value. If a new rate, a rate decrease, or a
13limiting rate increase has been approved at an election held
14after March 21, 2006, then (i) the otherwise applicable
15limiting rate shall be increased by the amount of the new rate
16or shall be reduced by the amount of the rate decrease, as the
17case may be, or (ii) in the case of a limiting rate increase,
18the limiting rate shall be equal to the rate set forth in the
19proposition approved by the voters for each of the years
20specified in the proposition, after which the limiting rate of
21the taxing district shall be calculated as otherwise provided.
22In the case of a taxing district that obtained referendum
23approval for an increased limiting rate on March 20, 2012, the
24limiting rate for tax year 2012 shall be the rate that
25generates the approximate total amount of taxes extendable for
26that tax year, as set forth in the proposition approved by the

 

 

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1voters; this rate shall be the final rate applied by the county
2clerk for the aggregate of all capped funds of the district for
3tax year 2012.
4(Source: P.A. 99-143, eff. 7-27-15; 99-521, eff. 6-1-17;
5100-465, eff. 8-31-17; revised 8-12-19.)
 
6    Section 10. The Chicago Park District Act is amended by
7changing Section 20a as follows:
 
8    (70 ILCS 1505/20a)  (from Ch. 105, par. 333.20a)
9    Sec. 20a. Bonds; issuance; interest. Notwithstanding
10anything to the contrary in Section 20 of this Act, the Chicago
11Park District is authorized to issue from time to time bonds of
12such district in the principal amount of $84,000,000 for the
13purpose of paying the cost of erecting, enlarging,
14ornamenting, building, rebuilding, rehabilitating and
15improving any aquarium or any museum or museums of art,
16industry, science or natural or other history located within
17any public park or parks under the control of the Chicago Park
18District, without submitting the question of issuing such
19bonds to the voters of the District.
20    Notwithstanding anything to the contrary in Section 20 of
21this Act, and in addition to any other amount of bonds
22authorized to be issued under this Act, the Chicago Park
23District is authorized to issue from time to time, before
24January 1, 2004, bonds of the district in the principal amount

 

 

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1of $128,000,000 for the purpose of paying the cost of
2erecting, enlarging, ornamenting, building, rebuilding,
3rehabilitating, and improving any aquarium or any museum or
4museums of art, industry, science, or natural or other history
5located within any public park or parks under the control of
6the Chicago Park District, without submitting the question of
7issuing the bonds to the voters of the District.
8    Notwithstanding anything to the contrary in Section 20 of
9this Act, and in addition to any other amount of bonds
10authorized to be issued under this Act, the Chicago Park
11District is authorized to issue from time to time bonds of the
12district in the principal amount of $250,000,000 for the
13purpose of making contributions to the pension fund
14established under Article 12 of the Illinois Pension Code
15without submitting the question of issuing the bonds to the
16voters of the District; except that in any one year, the
17Chicago Park District may not issue bonds in excess of
18$75,000,000. Any bond issuances under this subsection are
19intended to decrease the unfunded liability of the pension
20fund and shall not decrease the amount of the employer
21contributions required in any given year under Section 12-149
22of the Illinois Pension Code.
23    The bonds authorized under this Section shall be of such
24denomination or denominations, may be registerable as to
25principal only, and shall mature serially within a period of
26not to exceed 20 years or, for bonds issued after the effective

 

 

HB0417 Enrolled- 21 -LRB102 09987 RPS 15305 b

1date of this amendatory Act of the 93rd General Assembly,
2within a period of not to exceed 30 years, may be redeemable
3prior to maturity with or without premium at the option of the
4commissioners on such terms and conditions as the
5commissioners of the Chicago Park District shall fix by the
6ordinance authorizing the issuance of such bonds. The bonds
7shall bear interest at the rate of not to exceed that permitted
8in "An Act to authorize public corporations to issue bonds,
9other evidences of indebtedness and tax anticipation warrants
10subject to interest rate limitations set forth therein",
11approved May 26, 1970, as now or hereafter amended.
12    Such bonds shall be executed for and on behalf of the Park
13District by such officers as shall be specified in the bond
14ordinance, and one of such officers may be authorized to
15execute the bonds by his facsimile signature, which officer
16shall adopt as and for his official manual signature the
17facsimile signature as it appears upon the bonds.
18    The ordinance authorizing the issuance of the bonds shall
19provide for the levy and collection, in each of the years any
20of such bonds shall be outstanding, a tax without limitation
21as to rate or amount and in addition to all other taxes upon
22all the taxable property within the corporate boundaries of
23the Chicago Park District, sufficient to pay the principal of
24and the interest upon such bonds as the same matures and
25becomes due.
26    A certified copy of the ordinance providing for the

 

 

HB0417 Enrolled- 22 -LRB102 09987 RPS 15305 b

1issuance of the bonds and the levying and collecting of the tax
2to pay the same shall be filed with the County Clerk of the
3county in which the Chicago Park District is located or with
4the respective County Clerks of each county in which the
5Chicago Park District is located. Such ordinance shall be
6irrevocable and upon receipt of the certified copy thereof the
7County Clerk or County Clerks, as the case may be, shall
8provide for, assess and extend the tax as therein provided
9upon all the taxable property located within the corporate
10boundaries of the Chicago Park District, in the same manner as
11other park taxes by law shall be provided for, assessed and
12extended, and such taxes shall be collected and paid out in the
13same manner as other park taxes by law shall be collected and
14paid.
15    The interest on any unexpended proceeds of bonds issued
16under this Section shall be credited to the Chicago Park
17District and shall be paid into the District's general
18corporate fund. The Chicago Park District may transfer such
19amount of interest from the general corporate fund to the
20aquarium and museum bond fund.
21    The amount of the outstanding bonded indebtedness of the
22Chicago Park District issued under this Section shall not be
23included in the bonded indebtedness of the District in
24determining whether or not the District has exceeded its
25limitation of 1/2 of 1% of the assessed valuation of all
26taxable property in the District as last equalized and

 

 

HB0417 Enrolled- 23 -LRB102 09987 RPS 15305 b

1determined by the Department of Revenue for the issuance of
2any bonds authorized under the provisions of Section 20 of
3this Act without submitting the question to the legal voters
4for approval.
5(Source: P.A. 93-338, eff. 7-24-03.)
 
6    Section 15. The Illinois Pension Code is amended by
7changing Sections 1-160, 12-130, 12-133.1, 12-133.2, 12-140,
812-149, and 12-150 as follows:
 
9    (40 ILCS 5/1-160)
10    Sec. 1-160. Provisions applicable to new hires.
11    (a) The provisions of this Section apply to a person who,
12on or after January 1, 2011, first becomes a member or a
13participant under any reciprocal retirement system or pension
14fund established under this Code, other than a retirement
15system or pension fund established under Article 2, 3, 4, 5, 6,
1615 or 18 of this Code, notwithstanding any other provision of
17this Code to the contrary, but do not apply to any self-managed
18plan established under this Code, to any person with respect
19to service as a sheriff's law enforcement employee under
20Article 7, or to any participant of the retirement plan
21established under Section 22-101. Notwithstanding anything to
22the contrary in this Section, for purposes of this Section, a
23person who participated in a retirement system under Article
2415 prior to January 1, 2011 shall be deemed a person who first

 

 

HB0417 Enrolled- 24 -LRB102 09987 RPS 15305 b

1became a member or participant prior to January 1, 2011 under
2any retirement system or pension fund subject to this Section.
3The changes made to this Section by Public Act 98-596 are a
4clarification of existing law and are intended to be
5retroactive to January 1, 2011 (the effective date of Public
6Act 96-889), notwithstanding the provisions of Section 1-103.1
7of this Code.
8    This Section does not apply to a person who first becomes a
9noncovered employee under Article 14 on or after the
10implementation date of the plan created under Section 1-161
11for that Article, unless that person elects under subsection
12(b) of Section 1-161 to instead receive the benefits provided
13under this Section and the applicable provisions of that
14Article.
15    This Section does not apply to a person who first becomes a
16member or participant under Article 16 on or after the
17implementation date of the plan created under Section 1-161
18for that Article, unless that person elects under subsection
19(b) of Section 1-161 to instead receive the benefits provided
20under this Section and the applicable provisions of that
21Article.
22    This Section does not apply to a person who elects under
23subsection (c-5) of Section 1-161 to receive the benefits
24under Section 1-161.
25    This Section does not apply to a person who first becomes a
26member or participant of an affected pension fund on or after 6

 

 

HB0417 Enrolled- 25 -LRB102 09987 RPS 15305 b

1months after the resolution or ordinance date, as defined in
2Section 1-162, unless that person elects under subsection (c)
3of Section 1-162 to receive the benefits provided under this
4Section and the applicable provisions of the Article under
5which he or she is a member or participant.
6    (b) "Final average salary" means the average monthly (or
7annual) salary obtained by dividing the total salary or
8earnings calculated under the Article applicable to the member
9or participant during the 96 consecutive months (or 8
10consecutive years) of service within the last 120 months (or
1110 years) of service in which the total salary or earnings
12calculated under the applicable Article was the highest by the
13number of months (or years) of service in that period. For the
14purposes of a person who first becomes a member or participant
15of any retirement system or pension fund to which this Section
16applies on or after January 1, 2011, in this Code, "final
17average salary" shall be substituted for the following:
18        (1) In Article 7 (except for service as sheriff's law
19    enforcement employees), "final rate of earnings".
20        (2) In Articles 8, 9, 10, 11, and 12, "highest average
21    annual salary for any 4 consecutive years within the last
22    10 years of service immediately preceding the date of
23    withdrawal".
24        (3) In Article 13, "average final salary".
25        (4) In Article 14, "final average compensation".
26        (5) In Article 17, "average salary".

 

 

HB0417 Enrolled- 26 -LRB102 09987 RPS 15305 b

1        (6) In Section 22-207, "wages or salary received by
2    him at the date of retirement or discharge".
3    (b-5) Beginning on January 1, 2011, for all purposes under
4this Code (including without limitation the calculation of
5benefits and employee contributions), the annual earnings,
6salary, or wages (based on the plan year) of a member or
7participant to whom this Section applies shall not exceed
8$106,800; however, that amount shall annually thereafter be
9increased by the lesser of (i) 3% of that amount, including all
10previous adjustments, or (ii) one-half the annual unadjusted
11percentage increase (but not less than zero) in the consumer
12price index-u for the 12 months ending with the September
13preceding each November 1, including all previous adjustments.
14    For the purposes of this Section, "consumer price index-u"
15means the index published by the Bureau of Labor Statistics of
16the United States Department of Labor that measures the
17average change in prices of goods and services purchased by
18all urban consumers, United States city average, all items,
191982-84 = 100. The new amount resulting from each annual
20adjustment shall be determined by the Public Pension Division
21of the Department of Insurance and made available to the
22boards of the retirement systems and pension funds by November
231 of each year.
24    (c) A member or participant is entitled to a retirement
25annuity upon written application if he or she has attained age
2667 (age 65, with respect to service under Article 12 that is

 

 

HB0417 Enrolled- 27 -LRB102 09987 RPS 15305 b

1subject to this Section, for a member or participant under
2Article 12 who first becomes a member or participant under
3Article 12 on or after January 1, 2022 or who makes the
4election under item (i) of subsection (d-15) of this Section)
5(beginning January 1, 2015, age 65 with respect to service
6under Article 12 of this Code that is subject to this Section)
7and has at least 10 years of service credit and is otherwise
8eligible under the requirements of the applicable Article.
9    A member or participant who has attained age 62 (age 60,
10with respect to service under Article 12 that is subject to
11this Section, for a member or participant under Article 12 who
12first becomes a member or participant under Article 12 on or
13after January 1, 2022 or who makes the election under item (i)
14of subsection (d-15) of this Section) (beginning January 1,
152015, age 60 with respect to service under Article 12 of this
16Code that is subject to this Section) and has at least 10 years
17of service credit and is otherwise eligible under the
18requirements of the applicable Article may elect to receive
19the lower retirement annuity provided in subsection (d) of
20this Section.
21    (c-5) A person who first becomes a member or a participant
22subject to this Section on or after July 6, 2017 (the effective
23date of Public Act 100-23), notwithstanding any other
24provision of this Code to the contrary, is entitled to a
25retirement annuity under Article 8 or Article 11 upon written
26application if he or she has attained age 65 and has at least

 

 

HB0417 Enrolled- 28 -LRB102 09987 RPS 15305 b

110 years of service credit and is otherwise eligible under the
2requirements of Article 8 or Article 11 of this Code,
3whichever is applicable.
4    (d) The retirement annuity of a member or participant who
5is retiring after attaining age 62 (age 60, with respect to
6service under Article 12 that is subject to this Section, for a
7member or participant under Article 12 who first becomes a
8member or participant under Article 12 on or after January 1,
92022 or who makes the election under item (i) of subsection
10(d-15) of this Section) (beginning January 1, 2015, age 60
11with respect to service under Article 12 of this Code that is
12subject to this Section) with at least 10 years of service
13credit shall be reduced by one-half of 1% for each full month
14that the member's age is under age 67 (age 65, with respect to
15service under Article 12 that is subject to this Section, for a
16member or participant under Article 12 who first becomes a
17member or participant under Article 12 on or after January 1,
182022 or who makes the election under item (i) of subsection
19(d-15) of this Section) (beginning January 1, 2015, age 65
20with respect to service under Article 12 of this Code that is
21subject to this Section).
22    (d-5) The retirement annuity payable under Article 8 or
23Article 11 to an eligible person subject to subsection (c-5)
24of this Section who is retiring at age 60 with at least 10
25years of service credit shall be reduced by one-half of 1% for
26each full month that the member's age is under age 65.

 

 

HB0417 Enrolled- 29 -LRB102 09987 RPS 15305 b

1    (d-10) Each person who first became a member or
2participant under Article 8 or Article 11 of this Code on or
3after January 1, 2011 and prior to the effective date of this
4amendatory Act of the 100th General Assembly shall make an
5irrevocable election either:
6        (i) to be eligible for the reduced retirement age
7    provided in subsections (c-5) and (d-5) of this Section,
8    the eligibility for which is conditioned upon the member
9    or participant agreeing to the increases in employee
10    contributions for age and service annuities provided in
11    subsection (a-5) of Section 8-174 of this Code (for
12    service under Article 8) or subsection (a-5) of Section
13    11-170 of this Code (for service under Article 11); or
14        (ii) to not agree to item (i) of this subsection
15    (d-10), in which case the member or participant shall
16    continue to be subject to the retirement age provisions in
17    subsections (c) and (d) of this Section and the employee
18    contributions for age and service annuity as provided in
19    subsection (a) of Section 8-174 of this Code (for service
20    under Article 8) or subsection (a) of Section 11-170 of
21    this Code (for service under Article 11).
22    The election provided for in this subsection shall be made
23between October 1, 2017 and November 15, 2017. A person
24subject to this subsection who makes the required election
25shall remain bound by that election. A person subject to this
26subsection who fails for any reason to make the required

 

 

HB0417 Enrolled- 30 -LRB102 09987 RPS 15305 b

1election within the time specified in this subsection shall be
2deemed to have made the election under item (ii).
3    (d-15) Each person who first becomes a member or
4participant under Article 12 on or after January 1, 2011 and
5prior to January 1, 2022 shall make an irrevocable election
6either:
7        (i) to be eligible for the reduced retirement age
8    specified in subsections (c) and (d) of this Section, the
9    eligibility for which is conditioned upon the member or
10    participant agreeing to the increase in employee
11    contributions for service annuities specified in
12    subsection (b) of Section 12-150; or
13        (ii) to not agree to item (i) of this subsection
14    (d-15), in which case the member or participant shall not
15    be eligible for the reduced retirement age specified in
16    subsections (c) and (d) of this Section and shall not be
17    subject to the increase in employee contributions for
18    service annuities specified in subsection (b) of Section
19    12-150.
20    The election provided for in this subsection shall be made
21between January 1, 2022 and April 1, 2022. A person subject to
22this subsection who makes the required election shall remain
23bound by that election. A person subject to this subsection
24who fails for any reason to make the required election within
25the time specified in this subsection shall be deemed to have
26made the election under item (ii).

 

 

HB0417 Enrolled- 31 -LRB102 09987 RPS 15305 b

1    (e) Any retirement annuity or supplemental annuity shall
2be subject to annual increases on the January 1 occurring
3either on or after the attainment of age 67 (age 65, with
4respect to service under Article 12 that is subject to this
5Section, for a member or participant under Article 12 who
6first becomes a member or participant under Article 12 on or
7after January 1, 2022 or who makes the election under item (i)
8of subsection (d-15); beginning January 1, 2015, age 65 with
9respect to service under Article 12 of this Code that is
10subject to this Section and beginning on the effective date of
11this amendatory Act of the 100th General Assembly, age 65 with
12respect to service under Article 8 or Article 11 for eligible
13persons who: (i) are subject to subsection (c-5) of this
14Section; or (ii) made the election under item (i) of
15subsection (d-10) of this Section) or the first anniversary of
16the annuity start date, whichever is later. Each annual
17increase shall be calculated at 3% or one-half the annual
18unadjusted percentage increase (but not less than zero) in the
19consumer price index-u for the 12 months ending with the
20September preceding each November 1, whichever is less, of the
21originally granted retirement annuity. If the annual
22unadjusted percentage change in the consumer price index-u for
23the 12 months ending with the September preceding each
24November 1 is zero or there is a decrease, then the annuity
25shall not be increased.
26    For the purposes of Section 1-103.1 of this Code, the

 

 

HB0417 Enrolled- 32 -LRB102 09987 RPS 15305 b

1changes made to this Section by this amendatory Act of the
2102nd General Assembly are applicable without regard to
3whether the employee was in active service on or after the
4effective date of this amendatory Act of the 102nd General
5Assembly.
6    For the purposes of Section 1-103.1 of this Code, the
7changes made to this Section by this amendatory Act of the
8100th General Assembly are applicable without regard to
9whether the employee was in active service on or after the
10effective date of this amendatory Act of the 100th General
11Assembly.
12    (f) The initial survivor's or widow's annuity of an
13otherwise eligible survivor or widow of a retired member or
14participant who first became a member or participant on or
15after January 1, 2011 shall be in the amount of 66 2/3% of the
16retired member's or participant's retirement annuity at the
17date of death. In the case of the death of a member or
18participant who has not retired and who first became a member
19or participant on or after January 1, 2011, eligibility for a
20survivor's or widow's annuity shall be determined by the
21applicable Article of this Code. The initial benefit shall be
2266 2/3% of the earned annuity without a reduction due to age. A
23child's annuity of an otherwise eligible child shall be in the
24amount prescribed under each Article if applicable. Any
25survivor's or widow's annuity shall be increased (1) on each
26January 1 occurring on or after the commencement of the

 

 

HB0417 Enrolled- 33 -LRB102 09987 RPS 15305 b

1annuity if the deceased member died while receiving a
2retirement annuity or (2) in other cases, on each January 1
3occurring after the first anniversary of the commencement of
4the annuity. Each annual increase shall be calculated at 3% or
5one-half the annual unadjusted percentage increase (but not
6less than zero) in the consumer price index-u for the 12 months
7ending with the September preceding each November 1, whichever
8is less, of the originally granted survivor's annuity. If the
9annual unadjusted percentage change in the consumer price
10index-u for the 12 months ending with the September preceding
11each November 1 is zero or there is a decrease, then the
12annuity shall not be increased.
13    (g) The benefits in Section 14-110 apply only if the
14person is a State policeman, a fire fighter in the fire
15protection service of a department, a conservation police
16officer, an investigator for the Secretary of State, an arson
17investigator, a Commerce Commission police officer,
18investigator for the Department of Revenue or the Illinois
19Gaming Board, a security employee of the Department of
20Corrections or the Department of Juvenile Justice, or a
21security employee of the Department of Innovation and
22Technology, as those terms are defined in subsection (b) and
23subsection (c) of Section 14-110. A person who meets the
24requirements of this Section is entitled to an annuity
25calculated under the provisions of Section 14-110, in lieu of
26the regular or minimum retirement annuity, only if the person

 

 

HB0417 Enrolled- 34 -LRB102 09987 RPS 15305 b

1has withdrawn from service with not less than 20 years of
2eligible creditable service and has attained age 60,
3regardless of whether the attainment of age 60 occurs while
4the person is still in service.
5    (h) If a person who first becomes a member or a participant
6of a retirement system or pension fund subject to this Section
7on or after January 1, 2011 is receiving a retirement annuity
8or retirement pension under that system or fund and becomes a
9member or participant under any other system or fund created
10by this Code and is employed on a full-time basis, except for
11those members or participants exempted from the provisions of
12this Section under subsection (a) of this Section, then the
13person's retirement annuity or retirement pension under that
14system or fund shall be suspended during that employment. Upon
15termination of that employment, the person's retirement
16annuity or retirement pension payments shall resume and be
17recalculated if recalculation is provided for under the
18applicable Article of this Code.
19    If a person who first becomes a member of a retirement
20system or pension fund subject to this Section on or after
21January 1, 2012 and is receiving a retirement annuity or
22retirement pension under that system or fund and accepts on a
23contractual basis a position to provide services to a
24governmental entity from which he or she has retired, then
25that person's annuity or retirement pension earned as an
26active employee of the employer shall be suspended during that

 

 

HB0417 Enrolled- 35 -LRB102 09987 RPS 15305 b

1contractual service. A person receiving an annuity or
2retirement pension under this Code shall notify the pension
3fund or retirement system from which he or she is receiving an
4annuity or retirement pension, as well as his or her
5contractual employer, of his or her retirement status before
6accepting contractual employment. A person who fails to submit
7such notification shall be guilty of a Class A misdemeanor and
8required to pay a fine of $1,000. Upon termination of that
9contractual employment, the person's retirement annuity or
10retirement pension payments shall resume and, if appropriate,
11be recalculated under the applicable provisions of this Code.
12    (i) (Blank).
13    (j) In the case of a conflict between the provisions of
14this Section and any other provision of this Code, the
15provisions of this Section shall control.
16(Source: P.A. 100-23, eff. 7-6-17; 100-201, eff. 8-18-17;
17100-563, eff. 12-8-17; 100-611, eff. 7-20-18; 100-1166, eff.
181-4-19; 101-610, eff. 1-1-20.)
 
19    (40 ILCS 5/12-130)  (from Ch. 108 1/2, par. 12-130)
20    Sec. 12-130. Retirement prior to age 60. An employee
21withdrawing prior to January 1, 1990 with at least 10 years of
22service and before attainment of age 55 shall be entitled at
23his option to a retirement annuity beginning at age 55.
24    An employee withdrawing prior to January 1, 1990 with at
25least 10 years of service upon or after attainment of age 55,

 

 

HB0417 Enrolled- 36 -LRB102 09987 RPS 15305 b

1and before age 60, shall be entitled to a retirement annuity
2beginning at any time thereafter.
3    An employee who withdraws on or after January 1, 1990 and
4has attained age 45 before January 1, 2015 with at least 10
5years of service and prior to age 60 shall be entitled, at his
6option, to a retirement annuity beginning at any time after
7withdrawal or attainment of age 50, whichever occurs later. An
8employee who has not attained age 45 before January 1, 2015 and
9withdraws on or after that date with at least 10 years of
10service and prior to age 60 shall be entitled, at his option,
11to a retirement annuity beginning at any time after withdrawal
12or attainment of age 58, whichever occurs later.
13    Notwithstanding Section 1-103.1, the changes to this
14Section made by this amendatory Act of the 98th General
15Assembly apply regardless of whether the employee was in
16active service on or after the effective date of this
17amendatory Act, but do not apply to a person whose service
18under this Article is subject to Section 1-160.
19    Any employee upon withdrawal after at least 15 years of
20service, upon or after attainment of age 50, and before
21attainment of age 55, who received ordinary disability benefit
22for the maximum period of time provided herein, and who
23continues to be disabled, shall be entitled to a retirement
24annuity.
25    The amount of retirement annuity for any employee who
26entered service prior to July 1, 1971 shall be provided from

 

 

HB0417 Enrolled- 37 -LRB102 09987 RPS 15305 b

1the total of the accumulations as stated in this Section, at
2the employee's attained age on the date of retirement:
3        (a) the accumulation from employee contributions for
4    service annuity on the date of withdrawal, improved by
5    regular interest from the date the employee withdraws to
6    the date he enters upon annuity;
7        (b) 1/10 of the accumulation, on the date of
8    withdrawal, from employer contributions for service
9    annuity, for each complete year of service above 10 years
10    up to 100% of such accumulation, improved by regular
11    interest from the date the employee withdraws to the date
12    he enters upon annuity.
13(Source: P.A. 86-272; 86-1028.)
 
14    (40 ILCS 5/12-133.1)  (from Ch. 108 1/2, par. 12-133.1)
15    Sec. 12-133.1. Annual increase in basic retirement
16annuity.
17    (a) Any employee upon withdrawal from service on or after
18July 1, 1965, and retiring on a retirement annuity, shall be
19entitled to an annual increase in his basic retirement annuity
20as defined herein while he is in receipt of such annuity.
21    The term "basic retirement annuity" shall mean the
22retirement annuity of the amount fixed and payable at date of
23retirement of the employee.
24    (b) The annual increase in annuity shall be 1 1/2% of the
25basic retirement annuity. The increase shall first occur in

 

 

HB0417 Enrolled- 38 -LRB102 09987 RPS 15305 b

1the month of January or the month of July, whichever first
2occurs next following or coincidental with the first
3anniversary of retirement. Effective January 1, 1972, the
4annual rate of increase in annuity thereafter shall be 2% of
5the basic retirement annuity, provided that beginning as of
6January 1, 1976, the annual rate of increase shall be 3% of the
7basic retirement annuity.
8    (b-1) Notwithstanding subsection (b), all automatic annual
9increases payable under this Section on or after January 1,
102015 shall be calculated at 3% or one-half the annual
11unadjusted percentage increase (but not less than 0) in the
12Consumer Price Index-U for the 12 months ending with the
13September preceding each November 1, whichever is less, of the
14originally granted retirement annuity.
15    For the purposes of this Article, "Consumer Price Index-U"
16means the index published by the Bureau of Labor Statistics of
17the United States Department of Labor that measures the
18average change in prices of goods and services purchased by
19all urban consumers, United States city average, all items,
201982-84 = 100. The new amount resulting from each annual
21adjustment shall be determined by the Public Pension Division
22of the Department of Insurance.
23    Notwithstanding Section 1-103.1, this subsection (b-1) is
24applicable without regard to whether the employee was in
25active service on or after the effective date of this
26amendatory Act of the 98th General Assembly. This subsection

 

 

HB0417 Enrolled- 39 -LRB102 09987 RPS 15305 b

1(b-1) is also applicable to any former employee who on or after
2the effective date of this amendatory Act of the 98th General
3Assembly is receiving a retirement annuity pursuant to the
4provisions of this Section.
5    (b-2) Notwithstanding any other provision of this Article,
6no automatic annual increase in retirement annuity payable
7under this Section shall be granted to any person by the Fund
8in 2015, 2017, and 2019 under this Article or under Section
91-160 of this Code as it applies to this Article. In the years
102016, 2018, 2020, and thereafter, the Fund shall continue to
11pay amounts accruing from automatic annual increases in the
12manner provided by this Code.
13    Notwithstanding Section 1-103.1, this subsection (b-2) is
14applicable without regard to whether the employee was in
15active service on or after the effective date of this
16amendatory Act of the 98th General Assembly. This subsection
17(b-2) is also applicable to any former employee who on or after
18the effective date of this amendatory Act of the 98th General
19Assembly is receiving a retirement annuity pursuant to the
20provisions of this Article.
21    (c) For an employee who retires with less than 30 years of
22service, the increase in the basic retirement annuity shall
23begin not earlier than in the month of January or the month of
24July, whichever occurs first, following or coincidental with
25the employee's attainment of age 60.
26    For Subject to the provisions of subsection (b-2), for an

 

 

HB0417 Enrolled- 40 -LRB102 09987 RPS 15305 b

1employee who retires with at least 30 years of service, the
2annual increase under this Section shall begin in the month of
3January or the month of July, whichever first occurs next
4following or coincidental with the later of (1) the first
5anniversary of retirement or (2) July 1, 1998, without regard
6to the attainment of age 60 and without regard to whether or
7not the employee was in service on or after the effective date
8of this amendatory Act of 1998.
9    (d) The increase in the basic retirement annuity shall not
10be applicable unless the employee otherwise qualified has made
11contributions to the fund as provided herein for an equivalent
12period of one full year. If such contributions were not made,
13the employee may make the required payment to the fund at the
14time of retirement, in a single sum, without interest.
15    (e) The additional contributions by an employee towards
16the annual increase in basic retirement annuity shall not be
17refundable, except to an employee who withdraws and applies
18for a refund under this Article, or dies while in service, and
19also in cases where a temporary annuity becomes payable. In
20such cases his contributions shall be refunded without
21interest.
22(Source: P.A. 90-766, eff. 8-14-98.)
 
23    (40 ILCS 5/12-133.2)  (from Ch. 108 1/2, par. 12-133.2)
24    Sec. 12-133.2. Increases to employee annuitants. The
25provisions of subsections (b-1) and (b-2) of Section 12-133.1

 

 

HB0417 Enrolled- 41 -LRB102 09987 RPS 15305 b

1also apply to the benefits provided under this Section.
2    Employees who retired on service retirement annuity prior
3to July 1, 1965 who were at least 55 years of age at date of
4retirement and had at least 20 years of credited service, who
5shall have attained age 65, and any employee retired on or
6after such date who meets such qualifying conditions and who
7is not eligible for an annual increase in basic retirement
8annuity otherwise provided in this Article, shall be entitled
9to receive benefits under this Section.
10    These benefits shall be in an amount equal to 1 1/2% of the
11service retirement annuity multiplied by the number of full
12years that the annuitant was in receipt of such annuity. This
13payment shall begin in January of 1970, and an additional 1
141/2% based upon the original grant of annuity shall be added in
15January of each year thereafter. Beginning January 1, 1972,
16the annual rate of increase in annuity shall be 2% of the
17original grant of annuity and shall also apply thereafter to
18any person who shall have had at least 15 years of credited
19service and less than 20 years on the same basis as was
20applicable to persons retired with 20 or more years of
21service; provided that beginning January 1, 1976, the annual
22rate of increase in retirement annuity shall be 3% of the basic
23retirement annuity.
24    An employee annuitant who otherwise qualifies for the
25aforesaid benefit shall make a one-time contribution of 1% of
26the final monthly average salary multiplied by the number of

 

 

HB0417 Enrolled- 42 -LRB102 09987 RPS 15305 b

1completed years of service forming the basis of his service
2retirement annuity, provided that if the annuity was computed
3on any other basis, the contribution shall be 1% of the rate of
4monthly salary in effect on the date of retirement multiplied
5by the number of completed years of service forming the basis
6of his service retirement annuity.
7(Source: P.A. 87-1265.)
 
8    (40 ILCS 5/12-140)  (from Ch. 108 1/2, par. 12-140)
9    Sec. 12-140. Duty disability benefit. An employee who
10becomes disabled as the direct result of injury incurred in
11the performance of an act of duty and cannot perform the duties
12of the regularly assigned position, is entitled to receive,
13while so disabled, a benefit of 75% of the salary at the date
14when such duty disability benefits commence, subject to the
15conditions hereinafter stated, except that beginning January
161, 2015, such duty disability benefits shall be reduced to 74%
17of that salary; beginning January 1, 2017, such duty
18disability benefits shall be reduced to 73% of that salary;
19and beginning January 1, 2019, such duty disability benefits
20shall be reduced to 72% of that salary.
21    In the event an employee returns to service from any duty
22disability and renders actual employment in pay status
23performing the duties of the regularly assigned position for
24at least 60 days, and again becomes disabled, whether due to
25the previous disability or a new disability, the salary to be

 

 

HB0417 Enrolled- 43 -LRB102 09987 RPS 15305 b

1used in the computation of the benefit shall be the salary in
2effect at the date of the last day of service prior to the
3latest disability.
4    The employee shall also receive a further benefit of $20
5per month on account of each eligible minor child as
6prescribed in Section 12-137, but the combined benefit to
7employee and children shall not exceed the annual salary at
8the date of such disability less the sums that would be
9deducted from his salary for service annuity and spouse's
10service annuity.
11    The benefit prescribed herein shall be payable during
12disability until the employee attains age 65, if disability is
13incurred before age 60, or for a period of 5 years if
14disability is incurred at age 60 or older. If the disability is
15incurred after age 65, this 5 year period may be reduced if
16such reduction can be justified on the basis of actuarial cost
17data approved by the board upon the recommendation of the
18actuary. At such time if the employee remains disabled the
19employee may retire on a retirement annuity.
20    If an employee dies as the direct result of injury
21incurred in the performance of an act of duty, or if death
22results from any cause which is compensable under the Workers'
23Occupational Diseases Act, a surviving spouse shall be
24entitled to a benefit (subject to the modifications stated in
25Section 12-141) of 50% of the employee's salary as it was at
26the date of injury resulting in death, until the date when the

 

 

HB0417 Enrolled- 44 -LRB102 09987 RPS 15305 b

1employee would have attained age 65, if injury was incurred
2under age 60, or for a period of 5 years if disability is
3incurred at age 60 or older. After such date, the spouse shall
4be entitled to receive the reversionary annuity that would
5have been fixed had the employee continued in service at the
6rate of salary received at the date of his injury resulting in
7death, until the employee attained age 65 or as stated herein
8and had then retired.
9    If a spouse remarries while under age 55 while in receipt
10of a benefit under this section, the benefit shall terminate.
11Such termination shall be final and shall not be affected by
12any change thereafter in his or her marital status.
13    Notwithstanding Section 1-103.1, the changes to this
14Section made by this amendatory Act of the 98th General
15Assembly apply to duty disability benefits payable on or after
16January 1, 2015, regardless of whether the recipient is deemed
17to be in service on or after the effective date of this
18amendatory Act.
19(Source: P.A. 86-272.)
 
20    (40 ILCS 5/12-149)   (from Ch. 108 1/2, par. 12-149)
21    Sec. 12-149. Financing.
22    (a) (a) The board of park commissioners of any such park
23district shall annually levy a tax (in addition to the taxes
24now authorized by law) upon all taxable property embraced in
25the district, at the rate which, when added to the employee

 

 

HB0417 Enrolled- 45 -LRB102 09987 RPS 15305 b

1contributions under this Article and applied to the fund
2created hereunder, shall be sufficient to provide for the
3purposes of this Article in accordance with the provisions
4thereof. Such tax shall be levied and collected with and in
5like manner as the general taxes of such district, and shall
6not in any event be included within any limitations of rate for
7general park purposes as now or hereafter provided by law, but
8shall be excluded therefrom and be in addition thereto.
9    The amount of such annual tax to and including the year
101977 shall not exceed .0275% of the value, as equalized or
11assessed by the Department of Revenue, of all taxable property
12embraced within the park district, provided that for the year
131978, and for each year thereafter, the amount of such annual
14tax shall be at a rate on the dollar of assessed valuation of
15all taxable property that will produce, when extended, for the
16year 1978 the following sum: 0.825 times the amount of
17employee contributions during the fiscal year 1976; for the
18year 1979, 0.85 times the amount of employee contributions
19during the fiscal year 1977; for the year 1980, 0.90 times the
20amount of employee contributions during the fiscal year 1978;
21for the year 1981, 0.95 times the amount of employee
22contributions during the fiscal year 1979; for the year 1982,
231.00 times the amount of employee contributions during the
24fiscal year 1980; for the year 1983, 1.05 times the amount of
25contributions made on behalf of employees during the fiscal
26year 1981; and for the year 1984 and each year thereafter

 

 

HB0417 Enrolled- 46 -LRB102 09987 RPS 15305 b

1through the year 2019 2013, an amount equal to 1.10 times the
2employee contributions during the fiscal year 2-years prior to
3the year for which the applicable tax is levied. Beginning in
4levy year 2020, and in each year thereafter, the levy shall not
5exceed the amount of the Park District's total required
6contribution to the Fund for the next payment year, as
7determined under this subsection. Beginning payment year 2021,
8the Park District's required annual contribution shall be as
9follows: For the year 2014, this calculation shall be 1.10
10times the amount of employee contributions during the 12-month
11fiscal year ending June 30, 2012; and for the year 2015, this
12calculation shall be 1.70 times the amount of employee
13contributions during the 12-month fiscal year ending December
1431, 2013. For the year 2016, this calculation shall be an
15amount equal to 1.70 times; for the years 2017 and 2018, this
16calculation shall be an amount equal to 2.30 times; and for the
17year 2019 and each year thereafter, until the Fund attains a
18funded ratio of at least 90% with the funded ratio being the
19ratio of the actuarial value of assets to the total actuarial
20liability, this calculation shall be an amount equal to 2.90
21times the employee contributions during the fiscal year 2
22years prior to the year for which the applicable tax is levied.
23Beginning in the fiscal year in which the Fund attains a
24funding ratio of at least 90%, the contribution shall be the
25lesser of (1) 2.90 times the employee contributions during the
26fiscal year 2 years prior to the year for which the applicable

 

 

HB0417 Enrolled- 47 -LRB102 09987 RPS 15305 b

1tax is levied, or (2) the amount needed to maintain a funded
2ratio of 90%.
3    For payment year 2021, the Park District's required annual
4contribution to the Fund shall be one-fourth of the amount, as
5determined by an actuary retained by the Fund, equal to the sum
6of (i) the Park District's portion of the projected normal
7cost for that fiscal year, plus (ii) an amount determined by an
8actuary retained by the Fund, using a 35-year period starting
9on December 31, 2020 with the entry age normal actuarial cost
10method, that is sufficient to bring the total actuarial assets
11of the Fund up to 100% of the total actuarial accrued
12liabilities of the Fund by the end of 2055.
13    For payment year 2022, the Park District's required annual
14contribution to the Fund shall be one-half of the amount, as
15determined by an actuary retained by the Fund, equal to the sum
16of (i) the Park District's portion of the projected normal
17cost for that fiscal year, plus (ii) an amount determined by an
18actuary retained by the Fund, using a 35-year period starting
19on December 31, 2021 with the entry age normal actuarial cost
20method, that is sufficient to bring the total actuarial assets
21of the Fund up to 100% of the total actuarial accrued
22liabilities of the Fund by the end of 2056.
23    For payment year 2023, the Park District's required annual
24contribution to the Fund shall be three-fourths of the amount,
25as determined by an actuary retained by the Fund, equal to the
26sum of (i) the Park District's portion of the projected normal

 

 

HB0417 Enrolled- 48 -LRB102 09987 RPS 15305 b

1cost for that fiscal year, plus (ii) an amount determined by an
2actuary retained by the Fund, using a 35-year period starting
3on December 31, 2022 with the entry age normal actuarial cost
4method, that is sufficient to bring the total actuarial assets
5of the Fund up to 100% of the total actuarial accrued
6liabilities of the Fund by the end of 2057.
7    For payment years 2024 through 2058, the Park District's
8required annual contribution to the Fund shall be the amount,
9as determined by an actuary retained by the Fund, equal to the
10sum of (i) the Park District's portion of the projected normal
11cost for that fiscal year, plus (ii) an amount determined by an
12actuary retained by the Fund, using a 35-year period starting
13on December 31, 2023 with the entry age normal actuarial cost
14method, that is sufficient to bring the total actuarial assets
15of the Fund up to 100% of the total actuarial accrued
16liabilities of the Fund by the end of 2058.
17    For payment year 2059 and each year thereafter, the Park
18District's required annual contribution to the Fund shall be
19the amount, as determined by an actuary retained by the Fund,
20if any, needed to bring the total actuarial assets of the Fund
21up to 100% of the total actuarial accrued liabilities of the
22Fund, using the entry age normal actuarial cost method, as of
23the end of the year.
24    In making determinations under this subsection, any
25actuarial gains or losses from investment returns that differ
26from the expected investment returns incurred in a fiscal year

 

 

HB0417 Enrolled- 49 -LRB102 09987 RPS 15305 b

1shall be recognized in equal annual amounts over the 5-year
2period following the fiscal year.
3    As used in this Section, "payment year" means the year
4immediately following the levy year.
5    (b) In addition to the contributions required under the
6other provisions of this Article, no later than November 1,
72021 the employer shall contribute $40,000,000 to the Fund.
8The additional employer contributions required under this
9subsection (b) are intended to decrease the unfunded liability
10of the Fund and shall not decrease the amount of the employer
11contributions required under the other provisions of this
12Article. The additional employer contributions made under this
13subsection (b) may be used by the Fund for any of its lawful
14purposes. In addition to the contributions required under the
15other provisions of this Article, by November 1 of the
16following specified years, the employer shall contribute to
17the Fund the following specified amounts: $12,500,000 in 2015;
18$12,500,000 in 2016; and $50,000,000 in 2019. The additional
19employer contributions required under this subsection (a) are
20intended to decrease the unfunded liability of the Fund and
21shall not decrease the amount of the employer contributions
22required under the other provisions of this Article. The
23additional employer contributions made under this subsection
24(a) may be used by the Fund for any of its lawful purposes.
25    (c) (b) As used in this Section, the term "employee
26contributions" means contributions by employees for retirement

 

 

HB0417 Enrolled- 50 -LRB102 09987 RPS 15305 b

1annuity, spouse's annuity, automatic increase in retirement
2annuity, and death benefit.
3    In making required contributions under this Section, the
4employer may, in lieu of levying all or a portion of the tax
5required under this Section, deposit an amount not less than
6the required amount of employer contributions derived from any
7source legally available for that purpose. In making required
8contributions under this Section, the employer may, in lieu of
9levying all or a portion of the tax required under this
10Section, deposit an amount not less than the required amount
11of employer contributions derived from any source legally
12available for that purpose.
13    (d) (c) In respect to park district employees, other than
14policemen, who are transferred to the employment of a city by
15virtue of the "Exchange of Functions Act of 1957", the
16corporate authorities of the city shall annually levy a tax
17upon all taxable property embraced in the city, as equalized
18or assessed by the Department of Revenue, at such rate per cent
19of the value of such property as shall be sufficient, when
20added to the amounts deducted from the salary or wages of such
21employees, to provide the benefits to which such employees,
22their dependents and beneficiaries are entitled under the
23provisions of this Article. The park district shall not levy a
24tax hereunder in respect to such employees. The tax levied by
25the city under authority of this Article shall be in addition
26to and exclusive of all other taxes authorized by law to be

 

 

HB0417 Enrolled- 51 -LRB102 09987 RPS 15305 b

1levied by the city for corporate, annuity fund or other
2purposes.
3    (e) (d) All moneys accruing from the levy and collection
4of taxes, pursuant to this section, shall be remitted to the
5board by the employers as soon as they are received. Where a
6city has levied a tax pursuant to this Section in respect to
7park district employees transferred to the employment of a
8city, the treasurer of such city or other authorized officer
9shall remit the moneys accruing from the levy and collection
10of such tax as soon as they are received. Such remittances
11shall be made upon a pro rata share basis, whereby each
12employer shall pay to the board such employer's proportionate
13percentage of each payment of taxes received by it, according
14to the ratio which its tax levy for this fund bears to the
15total tax levy of such employer.
16    (f) (e) Should any board of park commissioners included
17under the provisions of this Article be without authority to
18levy the tax provided in this Section the corporation
19authorities (meaning the supervisor, clerk and assessor) of
20the town or towns for which such board shall be the board of
21park commissioners shall levy such tax.
22    (g) (f) Employer contributions to the Fund may be reduced
23by $5,000,000 for calendar years 2004 and 2005.
24(Source: P.A. 97-973, eff. 8-16-12.)
 
25    (40 ILCS 5/12-150)  (from Ch. 108 1/2, par. 12-150)

 

 

HB0417 Enrolled- 52 -LRB102 09987 RPS 15305 b

1    Sec. 12-150. Contributions by employees for service
2annuity.
3    (a) From each payment of salary to a present employee
4beginning August 4, 1961, and prior to September 1, 1971,
5there shall be deducted as contributions for service annuity
66% of such payment. Beginning September 1, 1971, the deduction
7shall be 6 1/2% of salary. Beginning January 1, 2015, the
8deduction shall be 8% of salary. Beginning January 1, 2017,
9the deduction shall be 9% of salary. Beginning January 1,
102019, the deduction shall be 10% of salary. These
11contributions shall continue until the amounts thus deducted
12will provide an accumulation, at regular interest, at least
13equal to the amount that would be provided on such date from
14employee contributions, assuming regular interest to such
15date, if such employee had been contributing in accordance
16with the provisions of "The 1919 Act" and this Article from the
17beginning of his service and the salary of the employee during
18his prior service was the same as it was on July 1, 1919, or on
19July 1, 1937 in the case of an employee of the board.
20    (b) From each payment of salary to a future entrant
21beginning August 4, 1961, and prior to September 1, 1971,
22there shall be deducted as contributions for service annuity
236% of such payment. Beginning September 1, 1971, the deduction
24shall be 6 1/2% of salary. Beginning January 1, 1990, the
25deduction shall be 7% of salary, except that the deduction
26shall be 9% of salary for a person who first becomes an

 

 

HB0417 Enrolled- 53 -LRB102 09987 RPS 15305 b

1employee on or after January 1, 2022 or who makes the election
2under item (i) of subsection (d-15) of Section 1-160.
3Beginning January 1, 2015, the deduction shall be 8% of
4salary. Beginning January 1, 2017, the deduction shall be 9%
5of salary. Beginning January 1, 2019, the deduction shall be
610% of salary. Beginning with the first pay period on or after
7the date when the funded ratio of the Fund is first determined
8to have reached the 90% funding goal, and each pay period
9thereafter for as long as the Fund maintains a funding ratio of
1090% or more, employee contributions shall be 8.5% of salary
11for the service annuity. If the funding ratio falls below 90%,
12then employee contributions for the service annuity shall
13revert to 10% of salary until such time as the Fund once again
14is determined to have reached the 90% funding goal, at which
15time the 8.5% of salary employee contribution for the service
16annuity shall resume.
17    (c) For service rendered prior to August 4, 1961, the
18rates of contribution by employees for service annuity shall
19be as follows: July 1, 1919 to July 20, 1947, inclusive, 4% of
20salary; July 21, 1947 to August 3, 1961, inclusive, 5% of
21salary.
22    For the period from July 1, 1919, to August 4, 1961 such
23deductions for a present employee shall continue until such
24date as the amounts deducted will provide an accumulation at
25least equal to that which would be provided on such date,
26assuming regular interest to such date, from deductions from

 

 

HB0417 Enrolled- 54 -LRB102 09987 RPS 15305 b

1salary of such employee if such employee had been under the
2provisions of "The 1919 Act" and this Article from the
3beginning of his service and the salary of such employee
4during his period of prior service was the same as it was on
5July 1, 1919 or on July 1, 1937 in the case of an employee of
6the board.
7    (d) Any employee shall have the option to contribute for
8service annuity an amount, together with regular interest,
9equal to the difference between the amount he had accumulated
10in the fund on June 30, 1947, from contributions at the rate of
114% of salary, together with regular interest, and the amount
12he would have accumulated, together with regular interest, if
13he had made contributions at the rate of 5% of salary. All such
14contributions shall be subject to salary limitations and other
15conditions in effect prior to July 1, 1947. Upon making such
16contribution the employer of such employee shall contribute in
17the ratio of 2 to 1 with such employee.
18(Source: P.A. 86-272.)
 
19    Section 20. (a) Public Act 98-622 added Section 12-195 to
20the Illinois Pension Code. Section 97 of Public Act 98-622
21provided:
22        The changes made by this amendatory Act are
23    inseverable, except that Section 12-195 of the Illinois
24    Pension Code is severable under Section 1.31 of the
25    Statute on Statutes.

 

 

HB0417 Enrolled- 55 -LRB102 09987 RPS 15305 b

1    (b) On March 1, 2018, the Circuit Court of Cook County
2entered a Memorandum and Order in David Biedron, et al. v. Park
3Employees' and Retirement Board Employees' Annuity and Benefit
4Fund, et al., case number 15 CH 14869. The Memorandum and
5Order, inter alia, held:
6        The legislative history of Public Act 098-0622 is
7    clear that its purpose was to establish a comprehensive
8    scheme to reform the Fund and enable it to achieve
9    long-term financial stability. (District's MSJ. Ex, B). It
10    is clear from the Act itself and the legislative history
11    that the provisions of the Act were intended to work
12    together to achieve this purpose. Section 12-195, the sole
13    remaining provision of the Act, cannot by itself
14    accomplish the General Assembly's purpose in enacting
15    Public Act 098-0622. The invalidation of every provision
16    of the Act except §12-195 severely undercuts the General
17    Assembly's purpose in enacting Public Act 098-0622 and,
18    therefore, §12-195 is also inseverable.
19        Based on Public Act 098-0622's severability provision
20    and Illinois case law, the unchallenged sections of Public
21    Act 098-0622 are not severable and the entire Act must be
22    declared void. Plaintiffs are entitled to a declaration
23    that Public Act 098-0622 is unconstitutional and
24    unenforceable in its entirety under the Pension Clause.
25    An Agreed Order was entered in that case on January 8, 2019
26to resolve certain matters.

 

 

HB0417 Enrolled- 56 -LRB102 09987 RPS 15305 b

1    (c) The purpose of the reenactment of Section 12-195 of
2the Illinois Pension Code in Section 20 of this Act is to
3remove any question as to the validity or content of Section
412-195 of the Illinois Pension Code. This Act is not intended
5to supersede any other Public Act that amends the text of
6Section 12-195 of the Illinois Pension Code.
 
7    Section 25. Section 12-195 of the Illinois Pension Code is
8reenacted as follows:
 
9    (40 ILCS 5/12-195)
10    Sec. 12-195. Application and expiration of new benefit
11increases.
12    (a) As used in this Section, "new benefit increase" means
13an increase in the amount of any benefit provided under this
14Article, or an expansion of the conditions of eligibility for
15any benefit under this Article, that results from an amendment
16to this Code that takes effect after the effective date of this
17amendatory Act of the 98th General Assembly.
18    (b) Notwithstanding any other provision of this Code or
19any subsequent amendment to this Code, every new benefit
20increase is subject to this Section and shall be deemed to be
21granted only in conformance with and contingent upon
22compliance with the provisions of this Section.
23    (c) The Public Act enacting a new benefit increase must
24identify and provide for payment to the Fund of additional

 

 

HB0417 Enrolled- 57 -LRB102 09987 RPS 15305 b

1funding at least sufficient to fund the resulting annual
2increase in cost to the Fund as it accrues.
3    Every new benefit increase is contingent upon the General
4Assembly providing the additional funding required under this
5subsection (c). The State Actuary shall analyze whether
6adequate additional funding has been provided for the new
7benefit increase. A new benefit increase created by a Public
8Act that does not include the additional funding required
9under this subsection (c) is null and void. If the State
10Actuary determines that the additional funding provided for a
11new benefit increase under this subsection (c) is or has
12become inadequate, it may so certify to the Governor and the
13State Comptroller and, in the absence of corrective action by
14the General Assembly, the new benefit increase shall expire at
15the end of the fiscal year in which the certification is made.
16(Source: P.A. 98-622, eff. 6-1-14.)
 
17    (40 ILCS 5/12-150.5 rep.)
18    (40 ILCS 5/12-155.5 rep.)
19    Section 30. The Illinois Pension Code is amended by
20repealing Sections 12-150.5 and 12-155.5.
 
21    Section 90. The State Mandates Act is amended by adding
22Section 8.45 as follows:
 
23    (30 ILCS 805/8.45 new)

 

 

HB0417 Enrolled- 58 -LRB102 09987 RPS 15305 b

1    Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and
28 of this Act, no reimbursement by the State is required for
3the implementation of any mandate created by this amendatory
4Act of the 102nd General Assembly.
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.