Illinois 94th Regular Session Status: Enacted

SB 49 — PEN CD-IMRF-FELONY CONVICTION

Last action — Public Act . . . . . . . . . 94-1057

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 26, 2005. Enacted.

Prognosis

Likely to advance 80% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 33 sponsors

    0 primary, 33 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the IMRF Article of the Illinois Pension Code. Prohibits a person convicted of a felony relating to or arising out of or in connection with his or her service as an employee who is an employee of more than one employer that participates in the Fund from receiving benefits based on any of his or her service as an employee for all employers that participate in the Fund. Provides that, if, as a result of the felony, the employee is ordered by the court to pay restitution to the employer, then (i) the employer may apply for a refund of employee contributions on the employee's behalf and (ii) pursuant to appropriate documentation from the employer and the court, the Fund shall pay to the employer all or a portion of the refund in a sum sufficient to satisfy the court-ordered restitution. Effective immediately.

Bill Text

What changed in the latest version

902 added · 31 removed

Plain-language change summary

The new version of Bill SB 49 adds a section on early retirement incentives, allowing members of the system who were active in June 2002 to apply for benefits if they terminate their employment before starting their retirement annuity. This change could help eligible employees access retirement benefits sooner, which matters because it provides more flexibility for those looking to retire early, possibly due to personal circumstances or changes in the job market. Additionally, the bill removes specific language regarding felony convictions and benefits, which may impact eligibility for certain individuals. This alteration could open opportunities for those with past convictions to receive benefits, although it may also pose concerns about accountability and the integrity of the benefits system.

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SB0049 Engrossed LRB094 05344 AMC 35388 b AN ACT concerning public employee benefits.
SB0049 Enrolled LRB094 05344 AMC 35388 b AN ACT concerning public employee benefits.
The Illinois Pension Code is amended by changing Section 7-219 as follows:
The Illinois Pension Code is amended by changing Sections 14-108.3, 15-155, 15-168.1, 16-128, 16-158, and 16-169.1 as follows:
(40 ILCS 5/7-219) (from Ch.
(40 ILCS 5/14-108.3) Sec.
14-108.3.
Early retirement incentives.
(a) To be eligible for the benefits provided in this Section, a person must:
(1) be a member of this System who, on any day during June, 2002, is (i) in active payroll status in a position of employment with a department and an active contributor to this System with respect to that employment, and terminates that employment before the retirement annuity under this Article begins, or (ii) on layoff status from such a position with a right of re-employment or recall to service, or (iii) receiving benefits under Section 14-123, 14-123.1 or 14-124, but only if the member has not been receiving those benefits for a continuous period of more than 2 years as of the date of application;
(2) not have received any retirement annuity under this Article beginning earlier than August 1, 2002;
(3) file with the Board on or before December 31, 2002 a written application requesting the benefits provided in this Section;
(4) terminate employment under this Article no later than December 31, 2002 (or the date established under subsection (d), if applicable);
(5) by the date of termination of service, have at least 8 years of creditable service under this Article, without the use of any creditable service established under SB0049 Enrolled - 2 - LRB094 05344 AMC 35388 b this Section;
(6) by the date of termination of service, have at least 5 years of membership service earned while an employee under this Article, which may include military service for which credit is established under Section 14-105(b), service during the qualifying period for which credit is established under Section 14-104(a), and service for which credit has been established by repaying a refund under Section 14-130, but shall not include service for which any other optional service credit has been established;
and (7) not receive any early retirement benefit under Section 16-133.3 of this Code.
(b)   An eligible person may establish up to 5 years of creditable service under this Article, in increments of one month, by making the contributions specified in subsection (c).
In addition, for each month of creditable service established under this Section, a person’s age at retirement shall be deemed to be one month older than it actually is.
The creditable service established under this Section may be used for all purposes under this Article and the Retirement Systems Reciprocal Act, except for the computation of final average compensation under Section 14-103.12 or the determination of compensation under this or any other Article of this Code.
The age enhancement established under this Section may not be used to enable any person to begin receiving a retirement annuity calculated under Section 14-110 before actually attaining age 50 (without any age enhancement under this Section).
The age enhancement established under this Section may be used for all other purposes under this Article (including calculation of a proportionate annuity payable by this System under the Retirement Systems Reciprocal Act), except for purposes of the level income option in Section 14-112, the reversionary annuity under Section 14-113, and the required distributions under Section 14-121.1.
SB0049 Enrolled - 3 - LRB094 05344 AMC 35388 b The age enhancement established under this Section may be used in determining benefits payable under Article 16 of this Code under the Retirement Systems Reciprocal Act, if the person has at least 5 years of service credit in the Article 16 system that was earned while participating in that system as a teacher (as defined in Section 16-106) employed by a department (as defined in Section 14-103.04).
Age enhancement established under this Section shall not otherwise be used in determining benefits payable under other Articles of this Code under the Retirement Systems Reciprocal Act.
(c) For all creditable service established under this Section, a person must pay to the System an employee contribution to be determined by the System, based on the member’s rate of compensation on June 1, 2002 (or the last date before June 1, 2002 for which a rate can be determined) and the retirement contribution rate in effect on June 1, 2002 for the member (or for members with the same social security and alternative formula status as the member).
If the member receives a lump sum payment for accumulated vacation, sick leave and personal leave upon withdrawal from service, and the net amount of that lump sum payment is at least as great as the amount of the contribution required under this Section, the entire contribution must be paid by the employee by payroll deduction.
If there is no such lump sum payment, or if it is less than the contribution required under this Section, the member shall make an initial payment by payroll deduction, equal to the net amount of the lump sum payment for accumulated vacation, sick leave, and personal leave, and have the remaining amount due treated as a reduction from the retirement annuity in 24 equal monthly installments beginning in the month in which the retirement annuity takes effect.
The required contribution may be paid as a pre-tax deduction from earnings.
For federal and Illinois tax purposes, the monthly amount by which the annuitant’s benefit is reduced shall not be treated as a contribution by the annuitant, but rather as a reduction of the annuitant’s monthly benefit.
SB0049 Enrolled - 4 - LRB094 05344 AMC 35388 b (c-5) The reduction in retirement annuity provided in subsection (c) of Section 14-108 does not apply to the annuity of a person who retires under this Section.
A person who has received any age enhancement or creditable service under this Section may begin to receive an unreduced retirement annuity upon attainment of age 55 with at least 25 years of creditable service (including any age enhancement and creditable service established under this Section).
(d) In order to ensure that the efficient operation of State government is not jeopardized by the simultaneous retirement of large numbers of key personnel, the director or other head of a department may, for key employees of that department, extend the December 31, 2002 deadline for terminating employment under this Article established in subdivision (a)(4) of this Section to a date not later than April 30, 2003 by so notifying the System in writing by December 31, 2002.
(e) Notwithstanding Section 14-111, a person who has received any age enhancement or creditable service under this Section and who reenters service under this Article (or as an employee of a department under Article 16) other than as a temporary employee thereby forfeits that age enhancement and creditable service and is entitled to a refund of the contributions made pursuant to this Section.
(f) The System shall determine the amount of the increase in the present value of future benefits resulting from the granting of early retirement incentives under this Section and shall report that amount to the Governor and the Commission on Government Forecasting and Accountability on or after the effective date of this amendatory Act of the 93rd General Assembly and on or before November 15, 2004.
Beginning with State fiscal year 2008, the increase reported under this subsection (f) shall be included in the calculation of the required State contribution under Section 14-131.
(g) In addition to the contributions otherwise required under this Article, the State shall appropriate and pay to the SB0049 Enrolled - 5 - LRB094 05344 AMC 35388 b System an amount equal to $70,000,000 in State fiscal years 2004 and 2005.
(h) The Commission on Government Forecasting and Accountability (i) shall hold one or more hearings on or before the last session day during the fall veto session of 2004 to review recommendations relating to funding of early retirement incentives under this Section and (ii) shall file its report with the General Assembly on or before December 31, 2004 making its recommendations relating to funding of early retirement incentives under this Section;
the Commission’s report may contain both majority recommendations and minority recommendations.
The System shall recalculate and recertify to the Governor by January 31, 2005 the amount of the required State contribution to the System for State fiscal year 2005 with respect to those incentives.
The Pension Laws Commission (or its successor, the Commission on Government Forecasting and Accountability) shall determine and report to the General Assembly, on or before January 1, 2004 and annually thereafter through the year 2006 2013, its estimate of (1) the annual amount of payroll savings likely to be realized by the State as a result of the early retirement of persons receiving early retirement incentives under this Section and (2) the net annual savings or cost to the State from the program of early retirement incentives created under this Section.
The System, the Department of Central Management Services, the Governor’s Office of Management and Budget (formerly Bureau of the Budget), and all other departments shall provide to the Commission any assistance that the Commission may request with respect to its reports under this Section.
The Commission may require departments to provide it with any information that it deems necessary or useful with respect to its reports under this Section, including without limitation information about (1) the final earnings of former department employees who elected to receive benefits under this Section, (2) the earnings of current department employees holding the positions vacated by persons who elected to receive benefits under this SB0049 Enrolled - 6 - LRB094 05344 AMC 35388 b Section, and (3) positions vacated by persons who elected to receive benefits under this Section that have not yet been refilled.
(i) The changes made to this Section by this amendatory Act of the 92nd General Assembly do not apply to persons who retired under this Section on or before May 1, 1992.
(Source:
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Latest
P.A.
93-632, eff.
2-1-04;
93-839, eff.
7-30-04;
93-1067, eff.
1-15-05;
94-4, eff.
6-1-05.) (40 ILCS 5/15-155) (from Ch.
7-219) Sec.
15-155) Sec.
7-219.
15-155.
Felony conviction.
Employer contributions.
None of the benefits provided for in this Article shall be paid to any person who is convicted of any felony relating to or arising out of or in connection with his service as an employee.
(a) The State of Illinois shall make contributions by appropriations of amounts which, together with the other employer contributions from trust, federal, and other funds, employee contributions, income from investments, and other income of this System, will be sufficient to meet the cost of maintaining and administering the System on a 90% funded basis in accordance with actuarial recommendations.
If the person convicted of such a felony is an employee of more than one employer that participates in the Fund, then the person may not receive benefits based on any of his or her service as an employee for all employers that participate in the Fund.
The Board shall determine the amount of State contributions required for each fiscal year on the basis of the actuarial tables and other assumptions adopted by the Board and the recommendations of the actuary, using the formula in subsection (a-1).
This Section shall not operate to impair any contract or vested right heretofore acquired under any law or laws continued in this Article, nor to preclude the right to a refund;
(a-1) For State fiscal years 2011 through 2045, the minimum contribution to the System to be made by the State for each fiscal year shall be an amount determined by the System to be sufficient to bring the total assets of the System up to 90% of the total actuarial liabilities of the System by the end of State fiscal year 2045.
except that, notwithstanding Section 7-217 and the other provisions of this Code, if, as a result of the felony, the person is ordered by the court to pay restitution to the employer, then (i) the employer may apply for a refund of employee contributions on the employee’s behalf and (ii) pursuant to appropriate documentation from the employer and the court, the Fund shall pay to the employer all or a portion of the refund in a sum sufficient to satisfy the court-ordered restitution.
In making these determinations, the required State contribution shall be calculated each year as a level percentage of payroll over the years remaining to and including fiscal year 2045 and shall be determined under the projected unit credit actuarial cost method.
All future entrants entering service subsequent to July 9, 1955 shall be deemed to have consented to the provisions of this Section as a condition of coverage.
For State fiscal years 1996 through 2005, the State contribution to the System, as a percentage of the applicable employee payroll, shall be increased in equal annual increments SB0049 Enrolled - 7 - LRB094 05344 AMC 35388 b so that by State fiscal year 2011, the State is contributing at the rate required under this Section.
Notwithstanding any other provision of this Article, the total required State contribution for State fiscal year 2006 is $166,641,900.
Notwithstanding any other provision of this Article, the total required State contribution for State fiscal year 2007 is $252,064,100.
For each of State fiscal years 2008 through 2010, the State contribution to the System, as a percentage of the applicable employee payroll, shall be increased in equal annual increments from the required State contribution for State fiscal year 2007, so that by State fiscal year 2011, the State is contributing at the rate otherwise required under this Section.
Beginning in State fiscal year 2046, the minimum State contribution for each fiscal year shall be the amount needed to maintain the total assets of the System at 90% of the total actuarial liabilities of the System.
Notwithstanding any other provision of this Section, the required State contribution for State fiscal year 2005 and for fiscal year 2008 and each fiscal year thereafter, as calculated under this Section and certified under Section 15-165, shall not exceed an amount equal to (i) the amount of the required State contribution that would have been calculated under this Section for that fiscal year if the System had not received any payments under subsection (d) of Section 7.2 of the General Obligation Bond Act, minus (ii) the portion of the State’s total debt service payments for that fiscal year on the bonds issued for the purposes of that Section 7.2, as determined and certified by the Comptroller, that is the same as the System’s portion of the total moneys distributed under subsection (d) of Section 7.2 of the General Obligation Bond Act.
In determining this maximum for State fiscal years 2008 through 2010, however, the amount referred to in item (i) shall be increased, as a percentage of the applicable employee payroll, in equal increments calculated from the sum of the required State SB0049 Enrolled - 8 - LRB094 05344 AMC 35388 b contribution for State fiscal year 2007 plus the applicable portion of the State’s total debt service payments for fiscal year 2007 on the bonds issued for the purposes of Section 7.2 of the General Obligation Bond Act, so that, by State fiscal year 2011, the State is contributing at the rate otherwise required under this Section.
(b) If an employee is paid from trust or federal funds, the employer shall pay to the Board contributions from those funds which are sufficient to cover the accruing normal costs on behalf of the employee.
However, universities having employees who are compensated out of local auxiliary funds, income funds, or service enterprise funds are not required to pay such contributions on behalf of those employees.
The local auxiliary funds, income funds, and service enterprise funds of universities shall not be considered trust funds for the purpose of this Article, but funds of alumni associations, foundations, and athletic associations which are affiliated with the universities included as employers under this Article and other employers which do not receive State appropriations are considered to be trust funds for the purpose of this Article.
(b-1) The City of Urbana and the City of Champaign shall each make employer contributions to this System for their respective firefighter employees who participate in this System pursuant to subsection (h) of Section 15-107.
The rate of contributions to be made by those municipalities shall be determined annually by the Board on the basis of the actuarial assumptions adopted by the Board and the recommendations of the actuary, and shall be expressed as a percentage of salary for each such employee.
The Board shall certify the rate to the affected municipalities as soon as may be practical.
The employer contributions required under this subsection shall be remitted by the municipality to the System at the same time and in the same manner as employee contributions.
(c) Through State fiscal year 1995:
The total employer contribution shall be apportioned among the various funds of SB0049 Enrolled - 9 - LRB094 05344 AMC 35388 b the State and other employers, whether trust, federal, or other funds, in accordance with actuarial procedures approved by the Board.
State of Illinois contributions for employers receiving State appropriations for personal services shall be payable from appropriations made to the employers or to the System.
The contributions for Class I community colleges covering earnings other than those paid from trust and federal funds, shall be payable solely from appropriations to the Illinois Community College Board or the System for employer contributions.
(d) Beginning in State fiscal year 1996, the required State contributions to the System shall be appropriated directly to the System and shall be payable through vouchers issued in accordance with subsection (c) of Section 15-165, except as provided in subsection (g).
(e) The State Comptroller shall draw warrants payable to the System upon proper certification by the System or by the employer in accordance with the appropriation laws and this Code.
(f) Normal costs under this Section means liability for pensions and other benefits which accrues to the System because of the credits earned for service rendered by the participants during the fiscal year and expenses of administering the System, but shall not include the principal of or any redemption premium or interest on any bonds issued by the Board or any expenses incurred or deposits required in connection therewith.
(g) If the amount of a participant’s earnings for any academic year used to determine the final rate of earnings, determined on a full-time equivalent basis, exceeds the amount of his or her earnings with the same employer for the previous academic year, determined on a full-time equivalent basis, by more than 6%, the participant’s employer shall pay to the System, in addition to all other payments required under this Section and in accordance with guidelines established by the System, the present value of the increase in benefits resulting from the portion of the increase in earnings that is in excess SB0049 Enrolled - 10 - LRB094 05344 AMC 35388 b of 6%.
This present value shall be computed by the System on the basis of the actuarial assumptions and tables used in the most recent actuarial valuation of the System that is available at the time of the computation.
The System may require the employer to provide any pertinent information or documentation.
Whenever it determines that a payment is or may be required under this subsection (g), the System shall calculate the amount of the payment and bill the employer for that amount.
The bill shall specify the calculations used to determine the amount due.
If the employer disputes the amount of the bill, it may, within 30 days after receipt of the bill, apply to the System in writing for a recalculation.
The application must specify in detail the grounds of the dispute and, if the employer asserts that the calculation is subject to subsection (h) or (i) of this Section, must include an affidavit setting forth and attesting to all facts within the employer’s knowledge that are pertinent to the applicability of subsection (h) or (i).
Upon receiving a timely application for recalculation, the System shall review the application and, if appropriate, recalculate the amount due.
The employer contributions required under this subsection (f) may be paid in the form of a lump sum within 90 days after receipt of the bill.
If the employer contributions are not paid within 90 days after receipt of the bill, then interest will be charged at a rate equal to the System’s annual actuarially assumed rate of return on investment compounded annually from the 91st day after receipt of the bill.
Payments must be concluded within 3 years after the employer’s receipt of the bill.
The employer contributions required under this subsection (g) shall be paid in the form of a lump sum within 30 days after receipt of the bill after the participant begins receiving benefits under this Article.
(h) This subsection (h) applies only to payments made or salary increases given on or after June 1, 2005 but before July SB0049 Enrolled - 11 - LRB094 05344 AMC 35388 b 1, 2011.
The changes made by this amendatory Act of the 94th General Assembly shall not require the System to refund any payments received before the effective date of this amendatory Act.
When assessing payment for any amount due under subsection (g), the System shall exclude The provisions of this subsection (g) do not apply to earnings increases paid to participants under contracts or collective bargaining agreements entered into, amended, or renewed before June 1, 2005 the effective date of this amendatory Act of the 94th General Assembly.
When assessing payment for any amount due under subsection (g), the System shall exclude earnings increases paid to a participant at a time when the participant is 10 or more years from retirement eligibility under Section 15-135.
When assessing payment for any amount due under subsection (g), the System shall exclude earnings increases resulting from overload work, including a contract for summer teaching, or overtime when the employer has certified to the System, and the System has approved the certification, that:
(i) in the case of overloads (A) the overload work is for the sole purpose of academic instruction in excess of the standard number of instruction hours for a full-time employee occurring during the academic year that the overload is paid and (B) the earnings increases are equal to or less than the rate of pay for academic instruction computed using the participant’s current salary rate and work schedule;
and (ii) in the case of overtime, the overtime was necessary for the educational mission.
When assessing payment for any amount due under subsection (g), the System shall exclude any earnings increase resulting from (i) a promotion for which the employee moves from one classification to a higher classification under the State Universities Civil Service System, (ii) a promotion in academic rank for a tenured or tenure-track faculty position, or (iii) a promotion that the Illinois Community College Board has recommended in accordance with subsection (k) of this Section.
SB0049 Enrolled - 12 - LRB094 05344 AMC 35388 b These earnings increases shall be excluded only if the promotion is to a position that has existed and been filled by a member for no less than one complete academic year and the earnings increase as a result of the promotion is an increase that results in an amount no greater than the average salary paid for other similar positions.
(i) When assessing payment for any amount due under subsection (g), the System shall exclude any salary increase described in subsection (h) of this Section given on or after July 1, 2011 but before July 1, 2014 under a contract or collective bargaining agreement entered into, amended, or renewed on or after June 1, 2005 but before July 1, 2011.
Notwithstanding any other provision of this Section, any payments made or salary increases given after June 30, 2014 shall be used in assessing payment for any amount due under subsection (g) of this Section.
(j) The System shall prepare a report and file copies of the report with the Governor and the General Assembly by January 1, 2007 that contains all of the following information:
(1) The number of recalculations required by the changes made to this Section by this amendatory Act of the 94th General Assembly for each employer.
(2) The dollar amount by which each employer’s contribution to the System was changed due to recalculations required by this amendatory Act of the 94th General Assembly.
(3) The total amount the System received from each employer as a result of the changes made to this Section by Public Act 94-4.
(4) The increase in the required State contribution resulting from the changes made to this Section by this amendatory Act of the 94th General Assembly.
(k) The Illinois Community College Board shall adopt rules for recommending lists of promotional positions submitted to the Board by community colleges and for reviewing the promotional lists on an annual basis.
When recommending SB0049 Enrolled - 13 - LRB094 05344 AMC 35388 b promotional lists, the Board shall consider the similarity of the positions submitted to those positions recognized for State universities by the State Universities Civil Service System.
The Illinois Community College Board shall file a copy of its findings with the System.
The System shall consider the findings of the Illinois Community College Board when making determinations under this Section.
The System shall not exclude any earnings increases resulting from a promotion when the promotion was not submitted by a community college.
Nothing in this subsection (k) shall require any community college to submit any information to the Community College Board.
Laws 1963, p.
P.A.
161.) Section 99.
93-2, eff.
4-7-03;
94-4, eff.
6-1-05.) (40 ILCS 5/15-168.1) Sec.
15-168.1.
Testimony and the production of records.
The secretary of the Board shall have the power to issue subpoenas to compel the attendance of witnesses and the production of documents and records, including law enforcement records maintained by law enforcement agencies, in conjunction with the determination of employer payments required under subsection (g) of Section 15-155, a disability claim, an administrative review proceeding proceedings, or a felony forfeiture investigation.
The fees of witnesses for attendance and travel shall be the same as the fees of witnesses before the circuit courts of this State and shall be paid by the party seeking the subpoena.
The Board may apply to any circuit court in the State for an order requiring compliance with a subpoena issued under this Section.
Subpoenas issued under this Section shall be subject to applicable provisions of the Code of Civil Procedure.
(Source:
P.A.
90-65, eff.
7-7-97;
90-511, eff.
8-22-97.) (40 ILCS 5/16-128) (from Ch.
108 1/2, par.
16-128) Sec.
16-128.
Creditable service - required contributions.
(a) In order to receive the creditable service specified under subsection (b) of Section 16-127, a member is required to SB0049 Enrolled - 14 - LRB094 05344 AMC 35388 b make the following contributions:
(i) an amount equal to the contributions which would have been required had such service been rendered as a member under this System;
(ii) for military service not immediately following employment and for service established under subdivision (b)(10) of Section 16-127, an amount determined by the Board to be equal to the employer’s normal cost of the benefits accrued for such service;
and (iii) interest from the date the contributions would have been due (or, in the case of a person establishing credit for military service under subdivision (b)(3) of Section 16-127, the date of first membership in the System, if that date is later) to the date of payment, at the following rate of interest, compounded annually:
for periods prior to July 1, 1965, regular interest;
from July 1, 1965 to June 30, 1977, 4% per year;
on and after July 1, 1977, regular interest.
(b) In order to receive creditable service under paragraph (2) of subsection (b) of Section 16-127 for those who were not members on June 30, 1963, the minimum required contribution shall be $420 per year of service together with interest at 4% per year compounded annually from July 1, preceding the date of membership until June 30, 1977 and at regular interest compounded annually thereafter to the date of payment.
(c) In determining the contribution required in order to receive creditable service under paragraph (3) of subsection (b) of Section 16-127, the salary rate for the remainder of the school term in which a member enters military service shall be assumed to be equal to the member’s salary rate at the time of entering military service.
However, for military service not immediately following employment, the salary rate on the last date as a participating teacher prior to such military service, or on the first date as a participating teacher after such military service, whichever is greater, shall be assumed to be equal to the member’s salary rate at the time of entering military service.
For each school term thereafter, the member’s salary rate shall be assumed to be 5% higher than the salary rate in the previous school term.
SB0049 Enrolled - 15 - LRB094 05344 AMC 35388 b (d) In determining the contribution required in order to receive creditable service under paragraph (5) of subsection (b) of Section 16-127, a member’s salary rate during the period for which credit is being established shall be assumed to be equal to the member’s last salary rate immediately preceding that period.
(d-5) For each year of service credit to be established under subsection (b-1) of Section 16-127, a member is required to contribute to the System (i) 16.5% of the annual salary rate during the first year of full-time employment as a teacher under this Article following the private school service, plus (ii) interest thereon from the date of first full-time employment as a teacher under this Article following the private school service to the date of payment, compounded annually, at the rate of 8.5% per year for periods before the effective date of this amendatory Act of the 92nd General Assembly, and for subsequent periods at a rate equal to the System’s actuarially assumed rate of return on investments.
(d-10) For service credit established under paragraph (6) of subsection (b) of Section 16-127 for days granted by an employer in excess of the member’s normal annual sick leave allotment, the employer is required to pay the normal cost of benefits based upon such service credit.
This subsection (d-10) does not apply to sick leave granted to teachers under contracts or collective bargaining agreements entered into, amended, or renewed before June 1, 2005 (the effective date of Public Act 94-4) this amendatory Act of the 94th General Assembly.
The employer contributions required under this subsection (d-10) shall be paid in the form of a lump sum within 30 days after receipt of the bill after the teacher begins receiving benefits under this Article.
(e) Except for contributions under subsection (d-10), the The contributions required under this Section may be made from the date the statement for such creditable service is issued until retirement date.
All such required contributions must be made before any retirement annuity is granted.
SB0049 Enrolled - 16 - LRB094 05344 AMC 35388 b (Source:
P.A.
94-4, eff.
6-1-05.) (40 ILCS 5/16-158) (from Ch.
108 1/2, par.
16-158) Sec.
16-158.
Contributions by State and other employing units.
(a) The State shall make contributions to the System by means of appropriations from the Common School Fund and other State funds of amounts which, together with other employer contributions, employee contributions, investment income, and other income, will be sufficient to meet the cost of maintaining and administering the System on a 90% funded basis in accordance with actuarial recommendations.
The Board shall determine the amount of State contributions required for each fiscal year on the basis of the actuarial tables and other assumptions adopted by the Board and the recommendations of the actuary, using the formula in subsection (b-3).
(a-1) Annually, on or before November 15, the Board shall certify to the Governor the amount of the required State contribution for the coming fiscal year.
The certification shall include a copy of the actuarial recommendations upon which it is based.
On or before May 1, 2004, the Board shall recalculate and recertify to the Governor the amount of the required State contribution to the System for State fiscal year 2005, taking into account the amounts appropriated to and received by the System under subsection (d) of Section 7.2 of the General Obligation Bond Act.
On or before July 1, 2005, the Board shall recalculate and recertify to the Governor the amount of the required State contribution to the System for State fiscal year 2006, taking into account the changes in required State contributions made by this amendatory Act of the 94th General Assembly.
(b) Through State fiscal year 1995, the State contributions shall be paid to the System in accordance with Section 18-7 of the School Code.
SB0049 Enrolled - 17 - LRB094 05344 AMC 35388 b (b-1) Beginning in State fiscal year 1996, on the 15th day of each month, or as soon thereafter as may be practicable, the Board shall submit vouchers for payment of State contributions to the System, in a total monthly amount of one-twelfth of the required annual State contribution certified under subsection (a-1).
From the effective date of this amendatory Act of the 93rd General Assembly through June 30, 2004, the Board shall not submit vouchers for the remainder of fiscal year 2004 in excess of the fiscal year 2004 certified contribution amount determined under this Section after taking into consideration the transfer to the System under subsection (a) of Section 6z-61 of the State Finance Act.
These vouchers shall be paid by the State Comptroller and Treasurer by warrants drawn on the funds appropriated to the System for that fiscal year.
If in any month the amount remaining unexpended from all other appropriations to the System for the applicable fiscal year (including the appropriations to the System under Section 8.12 of the State Finance Act and Section 1 of the State Pension Funds Continuing Appropriation Act) is less than the amount lawfully vouchered under this subsection, the difference shall be paid from the Common School Fund under the continuing appropriation authority provided in Section 1.1 of the State Pension Funds Continuing Appropriation Act.
(b-2) Allocations from the Common School Fund apportioned to school districts not coming under this System shall not be diminished or affected by the provisions of this Article.
(b-3) For State fiscal years 2011 through 2045, the minimum contribution to the System to be made by the State for each fiscal year shall be an amount determined by the System to be sufficient to bring the total assets of the System up to 90% of the total actuarial liabilities of the System by the end of State fiscal year 2045.
In making these determinations, the required State contribution shall be calculated each year as a level percentage of payroll over the years remaining to and including fiscal year 2045 and shall be determined under the projected unit credit actuarial cost method.
SB0049 Enrolled - 18 - LRB094 05344 AMC 35388 b For State fiscal years 1996 through 2005, the State contribution to the System, as a percentage of the applicable employee payroll, shall be increased in equal annual increments so that by State fiscal year 2011, the State is contributing at the rate required under this Section;
except that in the following specified State fiscal years, the State contribution to the System shall not be less than the following indicated percentages of the applicable employee payroll, even if the indicated percentage will produce a State contribution in excess of the amount otherwise required under this subsection and subsection (a), and notwithstanding any contrary certification made under subsection (a-1) before the effective date of this amendatory Act of 1998:
10.02% in FY 1999;
10.77% in FY 2000;
11.47% in FY 2001;
12.16% in FY 2002;
12.86% in FY 2003;
and 13.56% in FY 2004.
Notwithstanding any other provision of this Article, the total required State contribution for State fiscal year 2006 is $534,627,700.
Notwithstanding any other provision of this Article, the total required State contribution for State fiscal year 2007 is $738,014,500.
For each of State fiscal years 2008 through 2010, the State contribution to the System, as a percentage of the applicable employee payroll, shall be increased in equal annual increments from the required State contribution for State fiscal year 2007, so that by State fiscal year 2011, the State is contributing at the rate otherwise required under this Section.
Beginning in State fiscal year 2046, the minimum State contribution for each fiscal year shall be the amount needed to maintain the total assets of the System at 90% of the total actuarial liabilities of the System.
Notwithstanding any other provision of this Section, the required State contribution for State fiscal year 2005 and for fiscal year 2008 and each fiscal year thereafter, as calculated under this Section and certified under subsection (a-1), shall not exceed an amount equal to (i) the amount of the required SB0049 Enrolled - 19 - LRB094 05344 AMC 35388 b State contribution that would have been calculated under this Section for that fiscal year if the System had not received any payments under subsection (d) of Section 7.2 of the General Obligation Bond Act, minus (ii) the portion of the State’s total debt service payments for that fiscal year on the bonds issued for the purposes of that Section 7.2, as determined and certified by the Comptroller, that is the same as the System’s portion of the total moneys distributed under subsection (d) of Section 7.2 of the General Obligation Bond Act.
In determining this maximum for State fiscal years 2008 through 2010, however, the amount referred to in item (i) shall be increased, as a percentage of the applicable employee payroll, in equal increments calculated from the sum of the required State contribution for State fiscal year 2007 plus the applicable portion of the State’s total debt service payments for fiscal year 2007 on the bonds issued for the purposes of Section 7.2 of the General Obligation Bond Act, so that, by State fiscal year 2011, the State is contributing at the rate otherwise required under this Section.
(c) Payment of the required State contributions and of all pensions, retirement annuities, death benefits, refunds, and other benefits granted under or assumed by this System, and all expenses in connection with the administration and operation thereof, are obligations of the State.
If members are paid from special trust or federal funds which are administered by the employing unit, whether school district or other unit, the employing unit shall pay to the System from such funds the full accruing retirement costs based upon that service, as determined by the System.
Employer contributions, based on salary paid to members from federal funds, may be forwarded by the distributing agency of the State of Illinois to the System prior to allocation, in an amount determined in accordance with guidelines established by such agency and the System.
(d) Effective July 1, 1986, any employer of a teacher as defined in paragraph (8) of Section 16-106 shall pay the SB0049 Enrolled - 20 - LRB094 05344 AMC 35388 b employer’s normal cost of benefits based upon the teacher’s service, in addition to employee contributions, as determined by the System.
Such employer contributions shall be forwarded monthly in accordance with guidelines established by the System.
However, with respect to benefits granted under Section 16-133.4 or 16-133.5 to a teacher as defined in paragraph (8) of Section 16-106, the employer’s contribution shall be 12% (rather than 20%) of the member’s highest annual salary rate for each year of creditable service granted, and the employer shall also pay the required employee contribution on behalf of the teacher.
For the purposes of Sections 16-133.4 and 16-133.5, a teacher as defined in paragraph (8) of Section 16-106 who is serving in that capacity while on leave of absence from another employer under this Article shall not be considered an employee of the employer from which the teacher is on leave.
(e) Beginning July 1, 1998, every employer of a teacher shall pay to the System an employer contribution computed as follows:
(1) Beginning July 1, 1998 through June 30, 1999, the employer contribution shall be equal to 0.3% of each teacher’s salary.
(2) Beginning July 1, 1999 and thereafter, the employer contribution shall be equal to 0.58% of each teacher’s salary.
The school district or other employing unit may pay these employer contributions out of any source of funding available for that purpose and shall forward the contributions to the System on the schedule established for the payment of member contributions.
These employer contributions are intended to offset a portion of the cost to the System of the increases in retirement benefits resulting from this amendatory Act of 1998.
Each employer of teachers is entitled to a credit against the contributions required under this subsection (e) with SB0049 Enrolled - 21 - LRB094 05344 AMC 35388 b respect to salaries paid to teachers for the period January 1, 2002 through June 30, 2003, equal to the amount paid by that employer under subsection (a-5) of Section 6.6 of the State Employees Group Insurance Act of 1971 with respect to salaries paid to teachers for that period.
The additional 1% employee contribution required under Section 16-152 by this amendatory Act of 1998 is the responsibility of the teacher and not the teacher’s employer, unless the employer agrees, through collective bargaining or otherwise, to make the contribution on behalf of the teacher.
If an employer is required by a contract in effect on May 1, 1998 between the employer and an employee organization to pay, on behalf of all its full-time employees covered by this Article, all mandatory employee contributions required under this Article, then the employer shall be excused from paying the employer contribution required under this subsection (e) for the balance of the term of that contract.
The employer and the employee organization shall jointly certify to the System the existence of the contractual requirement, in such form as the System may prescribe.
This exclusion shall cease upon the termination, extension, or renewal of the contract at any time after May 1, 1998.
(f) If the amount of a teacher’s salary for any school year used to determine final average salary exceeds the member’s annual full-time salary rate amount of his or her salary with the same employer for the previous school year by more than 6%, the teacher’s employer shall pay to the System, in addition to all other payments required under this Section and in accordance with guidelines established by the System, the present value of the increase in benefits resulting from the portion of the increase in salary that is in excess of 6%.
This present value shall be computed by the System on the basis of the actuarial assumptions and tables used in the most recent actuarial valuation of the System that is available at the time of the computation.
For the purposes of this Section, change in employment under Section 10-21.12 of the School Code shall SB0049 Enrolled - 22 - LRB094 05344 AMC 35388 b constitute a change in employer.
The System may require the employer to provide any pertinent information or documentation.
Whenever it determines that a payment is or may be required under this subsection, the System shall calculate the amount of the payment and bill the employer for that amount.
The bill shall specify the calculations used to determine the amount due.
If the employer disputes the amount of the bill, it may, within 30 days after receipt of the bill, apply to the System in writing for a recalculation.
The application must specify in detail the grounds of the dispute and, if the employer asserts that the calculation is subject to subsection (g) or (h) of this Section, must include an affidavit setting forth and attesting to all facts within the employer’s knowledge that are pertinent to the applicability of that subsection.
Upon receiving a timely application for recalculation, the System shall review the application and, if appropriate, recalculate the amount due.
The employer contributions required under this subsection (f) may be paid in the form of a lump sum within 90 days after receipt of the bill.
If the employer contributions are not paid within 90 days after receipt of the bill, then interest will be charged at a rate equal to the System’s annual actuarially assumed rate of return on investment compounded annually from the 91st day after receipt of the bill.
Payments must be concluded within 3 years after the employer’s receipt of the bill.
The employer contributions required under this subsection (f) shall be paid in the form of a lump sum within 30 days after receipt of the bill after the teacher begins receiving benefits under this Article.
(g) This subsection (g) applies only to payments made or salary increases given on or after June 1, 2005 but before July 1, 2011.
The changes made by this amendatory Act of the 94th General Assembly shall not require the System to refund any payments received before the effective date of this amendatory Act.
SB0049 Enrolled - 23 - LRB094 05344 AMC 35388 b When assessing payment for any amount due under subsection (f), the System shall exclude The provisions of this subsection (f) do not apply to salary increases paid to teachers under contracts or collective bargaining agreements entered into, amended, or renewed before June 1, 2005 the effective date of this amendatory Act of the 94th General Assembly.
When assessing payment for any amount due under subsection (f), the System shall exclude salary increases paid to a teacher at a time when the teacher is 10 or more years from retirement eligibility under Section 16-132 or 16-133.2.
When assessing payment for any amount due under subsection (f), the System shall exclude salary increases resulting from overload work, including summer school, when the school district has certified to the System, and the System has approved the certification, that (i) the overload work is for the sole purpose of classroom instruction in excess of the standard number of classes for a full-time teacher in a school district during a school year and (ii) the salary increases are equal to or less than the rate of pay for classroom instruction computed on the teacher’s current salary and work schedule.
When assessing payment for any amount due under subsection (f), the System shall exclude a salary increase resulting from a promotion (i) for which the employee is required to hold a certificate or supervisory endorsement issued by the State Teacher Certification Board that is a different certification or supervisory endorsement than is required for the teacher’s previous position and (ii) to a position that has existed and been filled by a member for no less than one complete academic year and the salary increase from the promotion is an increase that results in an amount no greater than the lesser of the average salary paid for other similar positions in the district requiring the same certification or the amount stipulated in the collective bargaining agreement for a similar position requiring the same certification.
When assessing payment for any amount due under subsection (f), the System shall exclude any payment to the teacher from SB0049 Enrolled - 24 - LRB094 05344 AMC 35388 b the State of Illinois or the State Board of Education over which the employer does not have discretion, notwithstanding that the payment is included in the computation of final average salary.
(h) When assessing payment for any amount due under subsection (f), the System shall exclude any salary increase described in subsection (g) of this Section given on or after July 1, 2011 but before July 1, 2014 under a contract or collective bargaining agreement entered into, amended, or renewed on or after June 1, 2005 but before July 1, 2011.
Notwithstanding any other provision of this Section, any payments made or salary increases given after June 30, 2014 shall be used in assessing payment for any amount due under subsection (f) of this Section.
(i) The System shall prepare a report and file copies of the report with the Governor and the General Assembly by January 1, 2007 that contains all of the following information:
(1) The number of recalculations required by the changes made to this Section by this amendatory Act of the 94th General Assembly for each employer.
(2) The dollar amount by which each employer’s contribution to the System was changed due to recalculations required by this amendatory Act of the 94th General Assembly.
(3) The total amount the System received from each employer as a result of the changes made to this Section by Public Act 94-4.
(4) The increase in the required State contribution resulting from the changes made to this Section by this amendatory Act of the 94th General Assembly.
(Source:
P.A.
93-2, eff.
4-7-03;
93-665, eff.
3-5-04;
94-4, eff.
6-1-05.) (40 ILCS 5/16-169.1) Sec.
16-169.1.
Testimony and the production of records.
The secretary of the Board shall have the power to issue subpoenas SB0049 Enrolled - 25 - LRB094 05344 AMC 35388 b to compel the attendance of witnesses and the production of documents and records, including law enforcement records maintained by law enforcement agencies, in conjunction with the determination of employer payments required under subsection (f) of Section 16-158, a disability claim, an administrative review proceeding, or a felony forfeiture investigation.
The fees of witnesses for attendance and travel shall be the same as the fees of witnesses before the circuit courts of this State and shall be paid by the party seeking the subpoena.
The Board may apply to any circuit court in the State for an order requiring compliance with a subpoena issued under this Section.
Subpoenas issued under this Section shall be subject to applicable provisions of the Code of Civil Procedure.
(Source:
P.A.
90-448, eff.
8-16-97.) Section 99.
This Act takes effect upon SB0049 Engrossed - 2 - LRB094 05344 AMC 35388 b becoming law.
This Act takes effect upon becoming law.
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Action History

  1. Public Act . . . . . . . . . 94-1057

  2. Effective Date July 31, 2006

  3. Governor Approved

  4. Sent to the Governor

  5. Added Alternate Co-Sponsor Rep. Terry R. Parke

  6. Added Alternate Co-Sponsor Rep. Aaron Schock

  7. Added Alternate Co-Sponsor Rep. Ronald A. Wait

  8. Passed Both Houses

  9. Added as Co-Sponsor Sen. Edward D. Maloney

  10. Added as Co-Sponsor Sen. Arthur J. Wilhelmi

  11. Added as Co-Sponsor Sen. Miguel del Valle

  12. Added as Co-Sponsor Sen. Louis S. Viverito

  13. Added as Co-Sponsor Sen. Donne E. Trotter

  14. Added as Co-Sponsor Sen. Martin A. Sandoval

  15. Added as Co-Sponsor Sen. Debbie DeFrancesco Halvorson

  16. Added as Co-Sponsor Sen. James F. Clayborne, Jr.

  17. Added as Co-Sponsor Sen. George P. Shadid

  18. Added as Co-Sponsor Sen. Carol Ronen

  19. Added as Co-Sponsor Sen. James T. Meeks

  20. Added as Co-Sponsor Sen. Ira I. Silverstein

  21. Added as Co-Sponsor Sen. Emil Jones, Jr.

  22. Added as Co-Sponsor Sen. Mattie Hunter

  23. Added as Co-Sponsor Sen. Mike Jacobs

  24. Added as Co-Sponsor Sen. John J. Cullerton

  25. Added as Co-Sponsor Sen. Susan Garrett

  26. Added as Co-Sponsor Sen. Iris Y. Martinez

  27. Added as Co-Sponsor Sen. James A. DeLeo

  28. Added as Co-Sponsor Sen. Kimberly A. Lightford

  29. Added as Co-Sponsor Sen. Terry Link

  30. Added as Co-Sponsor Sen. Rickey R. Hendon

  31. Added as Co-Sponsor Sen. Antonio Munoz

  32. Added as Co-Sponsor Sen. William R. Haine

  33. Added as Co-Sponsor Sen. Pamela J. Althoff

  34. Added as Co-Sponsor Sen. Gary G. Dahl

  35. Added as Co-Sponsor Sen. Frank C. Watson

  36. Added as Co-Sponsor Sen. M. Maggie Crotty

  37. Added as Co-Sponsor Sen. Bill Brady

  38. Added as Co-Sponsor Sen. Gary Forby

  39. House Floor Amendment No. 1 Senate Concurs 058-000-000

  40. Added as Co-Sponsor Sen. David Luechtefeld

  41. Added as Co-Sponsor Sen. John O. Jones

  42. Added as Co-Sponsor Sen. Cheryl Axley

  43. Added as Chief Co-Sponsor Sen. Jacqueline Y. Collins

  44. Added as Chief Co-Sponsor Sen. Kwame Raoul

  45. Added as Co-Sponsor Sen. John M. Sullivan

  46. House Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Pensions & Investments; 008-000-000

  47. Added as Chief Co-Sponsor Sen. Deanna Demuzio

  48. Sponsor Removed Sen. Deanna Demuzio

  49. Added as Chief Co-Sponsor Sen. Don Harmon

  50. Added as Co-Sponsor Sen. Deanna Demuzio

  51. Housing Affordability Impact Note Filed as amended by House Amendment No. 1 from the Illinois Housing Development Authority

  52. Judicial Note Filed as amended by House Amendment No. 1 from the Administrative Office of the Courts

  53. Pension Note Filed as amended by House Amendment No. 1 from the Commission on Government Forecasting and Accountability

  54. State Debt Impact Note Filed as amended by House Amendment No. 1 from the Commission on Government Forecasting and Accountability

  55. Added as Co-Sponsor Sen. Todd Sieben

  56. House Floor Amendment No. 1 Motion to Concur Rules Referred to Pensions & Investments

  57. House Floor Amendment No. 1 Motion to Concur Referred to Rules

  58. House Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. Jeffrey M. Schoenberg

  59. Added Alternate Co-Sponsor Rep. Charles E. Jefferson

  60. Chief Sponsor Changed to Sen. Jeffrey M. Schoenberg

  61. Placed on Calendar Order of Concurrence House Amendment(s) 1-May 3, 2006

  62. Secretary's Desk - Concurrence House Amendment(s) 1

  63. Third Reading - Short Debate - Passed 106-000-000

  64. Placed on Calendar Order of 3rd Reading - Short Debate

  65. House Floor Amendment No. 1 Adopted by Voice Vote

  66. Added Alternate Co-Sponsor Rep. Patricia R. Bellock

  67. Added Alternate Co-Sponsor Rep. Shane Cultra

  68. Added Alternate Co-Sponsor Rep. Wyvetter H. Younge

  69. Added Alternate Co-Sponsor Rep. Julie Hamos

  70. Added Alternate Co-Sponsor Rep. William B. Black

  71. Added Alternate Co-Sponsor Rep. Kathleen A. Ryg

  72. Added Alternate Co-Sponsor Rep. Robert F. Flider

  73. Added Alternate Co-Sponsor Rep. Naomi D. Jakobsson

  74. Added Alternate Co-Sponsor Rep. Mike Boland

  75. Added Alternate Co-Sponsor Rep. Jim Sacia

  76. Added Alternate Co-Sponsor Rep. Paul D. Froehlich

  77. Added Alternate Co-Sponsor Rep. Donald L. Moffitt

  78. Added Alternate Co-Sponsor Rep. Frank J. Mautino

  79. Added Alternate Co-Sponsor Rep. Elaine Nekritz

  80. Added Alternate Co-Sponsor Rep. Michael K. Smith

  81. Added Alternate Co-Sponsor Rep. Thomas Holbrook

  82. Added Alternate Co-Sponsor Rep. Brandon W. Phelps

  83. Added Alternate Co-Sponsor Rep. Patrick J Verschoore

  84. Added Alternate Co-Sponsor Rep. Karen May

  85. Added Alternate Co-Sponsor Rep. Linda Chapa LaVia

  86. Added Alternate Co-Sponsor Rep. Jack D. Franks

  87. Added Alternate Co-Sponsor Rep. John E. Bradley

  88. Added Alternate Co-Sponsor Rep. Daniel V. Beiser

  89. Added Alternate Co-Sponsor Rep. Kurt M. Granberg

  90. Added Alternate Co-Sponsor Rep. Lou Lang

  91. Added Alternate Co-Sponsor Rep. Jerry L. Mitchell

  92. Added Alternate Co-Sponsor Rep. Roger L. Eddy

  93. Added Alternate Co-Sponsor Rep. Robert W. Pritchard

  94. Added Alternate Chief Co-Sponsor Rep. Lisa M. Dugan

  95. Added Alternate Chief Co-Sponsor Rep. Dan Reitz

  96. House Floor Amendment No. 1 Recommends Be Adopted Personnel and Pensions Committee; 005-000-000

  97. Added Alternate Chief Co-Sponsor Rep. Marlow H. Colvin

  98. Added Alternate Chief Co-Sponsor Rep. Jay C. Hoffman

  99. Alternate Chief Sponsor Changed to Rep. Careen M Gordon

  100. House Floor Amendment No. 1 Rules Refers to Personnel and Pensions Committee

  101. House Floor Amendment No. 1 Referred to Rules Committee

  102. House Floor Amendment No. 1 Filed with Clerk by Rep. Careen M Gordon

  103. Final Action Deadline Extended-9(b) May 5, 2006

  104. Final Action Deadline Extended-9(b) April 30, 2006

  105. Placed on Calendar 2nd Reading - Short Debate

  106. Approved for Consideration Rules Committee; 003-001-000

  107. Final Action Deadline Extended-9(b) April 13, 2006

  108. Rule 19(b) / Re-referred to Rules Committee

  109. Held on Calendar Order of Second Reading - Short Debate

  110. Recalled to Second Reading - Short Debate

  111. Placed on Calendar Order of 3rd Reading - Short Debate

  112. Approved for Consideration Rules Committee; 005-000-000

  113. Final Action Deadline Extended-9(b) January 11, 2006

  114. Rule 19(a) / Re-referred to Rules Committee

  115. Final Action Deadline Extended-9(b) May 31, 2005

  116. Placed on Calendar Order of 3rd Reading - Short Debate

  117. Second Reading - Short Debate

  118. Placed on Calendar 2nd Reading - Short Debate

  119. Do Pass / Short Debate Personnel and Pensions Committee; 004-000-000

  120. Assigned to Personnel and Pensions Committee

  121. Referred to Rules Committee

  122. First Reading

  123. Chief House Sponsor Rep. Marlow H. Colvin

  124. Placed on Calendar Order of First Reading

  125. Arrived in House

  126. Third Reading - Passed; 054-000-000

  127. Placed on Calendar Order of 3rd Reading April 7, 2005

  128. Second Reading

  129. Pension Note Filed from the Commission on Government Forecasting and Accountability.

  130. Placed on Calendar Order of 2nd Reading March 3, 2005

  131. Do Pass Pensions & Investments; 007-000-000

  132. Postponed - Pensions & Investments

  133. Assigned to Pensions & Investments

  134. Referred to Rules

  135. First Reading

  136. Filed with Secretary by Sen. Ira I. Silverstein

Sponsors

  • Jeffrey M. Schoenberg · Cosponsor
  • Robert W. Pritchard · Cosponsor
  • Roger L. Eddy · Cosponsor
  • Jerry L. Mitchell · Cosponsor
  • Lou Lang · Cosponsor
  • Kurt M. Granberg · Cosponsor
  • Daniel V. Beiser · Cosponsor
  • John E. Bradley · Cosponsor
  • Jack D. Franks · Cosponsor
  • Karen May · Cosponsor
  • Patrick J Verschoore · Cosponsor
  • Brandon W. Phelps · Cosponsor
  • Thomas Holbrook · Cosponsor
  • Michael K. Smith · Cosponsor
  • Elaine Nekritz · Cosponsor
  • Frank J. Mautino · Cosponsor
  • Donald L. Moffitt · Cosponsor
  • Paul D. Froehlich · Cosponsor
  • Jim Sacia · Cosponsor
  • Mike Boland · Cosponsor
  • Naomi D. Jakobsson · Cosponsor
  • Robert F. Flider · Cosponsor
  • Kathleen A. Ryg · Cosponsor
  • William B. Black · Cosponsor
  • Julie Hamos · Cosponsor
  • Wyvetter H. Younge · Cosponsor
  • Shane Cultra · Cosponsor
  • Patricia R. Bellock · Cosponsor
  • Charles E. Jefferson · Cosponsor
  • Ronald A. Wait · Cosponsor
  • Aaron Schock · Cosponsor
  • Terry R. Parke · Cosponsor
  • Chapa LaVia · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 33 co-sponsors · 150 not signed on

Sponsors (0)

None.

Co-sponsors (33)

  • Jeffrey M. Schoenberg
  • Robert W. Pritchard
  • Roger L. Eddy
  • Jerry L. Mitchell
  • Lou Lang
  • Kurt M. Granberg
  • Daniel V. Beiser
  • John E. Bradley
  • Jack D. Franks
  • Karen May
  • Patrick J Verschoore
  • Brandon W. Phelps
  • Thomas Holbrook
  • Michael K. Smith
  • Elaine Nekritz
  • Frank J. Mautino
  • Donald L. Moffitt
  • Paul D. Froehlich
  • Jim Sacia
  • Mike Boland
  • Naomi D. Jakobsson
  • Robert F. Flider
  • Kathleen A. Ryg
  • William B. Black
  • Julie Hamos
  • Wyvetter H. Younge
  • Shane Cultra
  • Patricia R. Bellock
  • Charles E. Jefferson
  • Ronald A. Wait
  • Aaron Schock
  • Terry R. Parke
  • Chapa LaVia

Not signed on (150)

150 members have not signed on to this bill.

Show all 150 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence, Amendment 1

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 52001
Democrat 5000
Republican 1000
Total 58001
% of votes cast 98%0%0%2%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Lauzen — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Axley — Yea
Bomke — Yea
Burzynski — Yea
Forby — Yea
Link — Yea
Luechtefeld — Yea
Brady — Yea
Munoz — Yea
Meeks — Yea
Millner — Yea
Peterson — Not Voting
Sullivan — Yea
Schoenberg — Yea
Petka — Yea
Shadid — Yea
Sieben — Yea
Jacobs — Yea
Silverstein — Yea
Jones, J. — Yea
Cullerton — Yea
Watson — Yea
Jones, W. — Yea
Trotter — Yea
Demuzio — Yea
Viverito — Yea
Wilhelmi — Yea
Winkel — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Garrett — Yea
Geo-Karis — Yea
Haine — Yea
Halvorson — Yea
Hendon — Yea
Pankau — Yea
Radogno — Yea
Raoul — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 106 Yea · 0 Nay · 12 Other
Party YeaNayPresentNot Voting
Unaffiliated 950011
Democrat 8001
Republican 3000
Total 1060012
% of votes cast 90%0%0%10%
How each member voted (118)
Member Party Vote
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Schock — Yea
Scully — Yea
Sommer — Yea
Soto — Yea
Leitch — Yea
Krause — Yea
Acevedo — Yea
Bassi — Not Voting
Mathias — Not Voting
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Mendoza — Yea
Molaro — Yea
Giles — Not Voting
Hamos — Yea
Myers — Yea
Holbrook — Yea
Jefferson — Yea
Kosel — Yea
Lang — Yea
Lindner — Yea
Reitz — Yea
Lyons — Yea
Dugan — Yea
Dunkin — Yea
Durkin — Yea
Eddy — Yea
Mautino — Yea
McAuliffe — Yea
McCarthy — Yea
McKeon — Yea
Meyer — Yea
Moffitt — Yea
Mulligan — Yea
Munson — Yea
Nekritz — Yea
Osmond — Yea
McGuire — Yea
Tenhouse — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Tryon — Yea
Brady — Yea
Turner — Yea
Verschoore — Yea
Washington — Yea
Mitchell, Bill — Yea
Burke — Yea
Mitchell, Jerry — Yea
Sullivan — Yea
Hannig — Yea
Howard — Yea
Watson — Yea
Chavez — Yea
Colvin — Yea
Cross — Yea
Cultra — Yea
Flider — Yea
Flowers — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Golar — Yea
Gordon — Yea
Graham — Yea
Granberg — Yea
Hassert — Yea
Hultgren — Yea
Jakobsson — Yea
Davis, Monique — Yea
Madigan — Yea
Jones — Not Voting
Phelps — Yea
Pihos — Not Voting
Wait — Not Voting
Winters — Yea
Yarbrough — Yea
Younge — Yea
Churchill — Not Voting
Coulson — Not Voting
Currie — Yea
D'Amico — Yea
Daniels — Yea
Dunn — Not Voting
Jenisch — Not Voting
Osterman — Yea
Parke — Yea
Patterson — Not Voting
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reis — Yea
Ryg — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Not Voting
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

Official roll call →

Third Reading

Passed 54 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 50003
Democrat 4001
Republican 0001
Total 54005
% of votes cast 92%0%0%8%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
Cronin — Not Voting
DeLeo — Not Voting
Halvorson — Yea
Meeks — Yea
Schoenberg — Yea
Shadid — Yea
Sieben — Yea
Silverstein — Yea
Munoz — Yea
Trotter — Yea
Brady — Yea
Viverito — Yea
Sullivan, D. — Yea
Sullivan, J. — Yea
Petka — Yea
Jacobs — Yea
Jones, J. — Yea
Cullerton — Yea
Watson — Yea
Jones, W. — Yea
Clayborne — Yea
Crotty — Yea
Dahl — Yea
Garrett — Yea
Geo-Karis — Yea
Haine — Yea
Hendon — Yea
Demuzio — Yea
Lauzen — Yea
Link — Yea
Luechtefeld — Yea
Maloney — Yea
Wilhelmi — Yea
Dillard — Yea
Forby — Yea
Winkel — Yea
Wojcik — Not Voting
Pankau — Yea
Peterson — Yea
Radogno — Yea
Raoul — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Not Voting
Dave Syverson Republican Not Voting

Official roll call →

Subjects

finance labor
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Frequently asked questions

What does SB 49 do?
Amends the IMRF Article of the Illinois Pension Code. Prohibits a person convicted of a felony relating to or arising out of or in connection with his or her service as an employee who is an employee of more than one employer that participates in the Fund from receiving benefits based on any of his or her service as an employee for all employers that participate in the Fund. Provides that, if, as a result of the felony, the employee is ordered by the court to pay restitution to the employer, then (i) the employer may apply for a refund of employee contributions on the employee's behalf and (ii) pursuant to appropriate documentation from the employer and the court, the Fund shall pay to the employer all or a portion of the refund in a sum sufficient to satisfy the court-ordered restitution. Effective immediately.
Who sponsors SB 49?
SB 49 is sponsored by Jeffrey M. Schoenberg, Robert W. Pritchard, Roger L. Eddy, Jerry L. Mitchell, Lou Lang, Kurt M. Granberg, Daniel V. Beiser, John E. Bradley, Jack D. Franks, Karen May, Patrick J Verschoore, Brandon W. Phelps, Thomas Holbrook, Michael K. Smith, Elaine Nekritz, Frank J. Mautino, Donald L. Moffitt, Paul D. Froehlich, Jim Sacia, Mike Boland, Naomi D. Jakobsson, Robert F. Flider, Kathleen A. Ryg, William B. Black, Julie Hamos, Wyvetter H. Younge, Shane Cultra, Patricia R. Bellock, Charles E. Jefferson, Ronald A. Wait, Aaron Schock, Terry R. Parke, and Chapa LaVia.
What is the current status of SB 49?
This bill has been enacted into law. Introduced January 26, 2005. Enacted.
Where can I track SB 49?
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