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1 | AN ACT concerning public employee benefits. | |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||
4 | Section 5. The Illinois Pension Code is amended by | |||||||||||||||||||
5 | changing Section 16-158 as follows: | |||||||||||||||||||
6 | (40 ILCS 5/16-158) (from Ch. 108 1/2, par. 16-158) | |||||||||||||||||||
7 | Sec. 16-158. Contributions by State and other employing | |||||||||||||||||||
8 | units. | |||||||||||||||||||
9 | (a) The State shall make contributions to the System by | |||||||||||||||||||
10 | means of appropriations from the Common School Fund and other | |||||||||||||||||||
11 | State funds of amounts which, together with other employer | |||||||||||||||||||
12 | contributions, employee contributions, investment income, and | |||||||||||||||||||
13 | other income, will be sufficient to meet the cost of | |||||||||||||||||||
14 | maintaining and administering the System on a 90% funded basis | |||||||||||||||||||
15 | in accordance with actuarial recommendations. | |||||||||||||||||||
16 | The Board shall determine the amount of State | |||||||||||||||||||
17 | contributions required for each fiscal year on the basis of | |||||||||||||||||||
18 | the actuarial tables and other assumptions adopted by the | |||||||||||||||||||
19 | Board and the recommendations of the actuary, using the | |||||||||||||||||||
20 | formula in subsection (b-3). | |||||||||||||||||||
21 | (a-1) Annually, on or before November 15 until November | |||||||||||||||||||
22 | 15, 2011, the Board shall certify to the Governor the amount of | |||||||||||||||||||
23 | the required State contribution for the coming fiscal year. |
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1 | The certification under this subsection (a-1) shall include a | ||||||
2 | copy of the actuarial recommendations upon which it is based | ||||||
3 | and shall specifically identify the System's projected State | ||||||
4 | normal cost for that fiscal year. | ||||||
5 | On or before May 1, 2004, the Board shall recalculate and | ||||||
6 | recertify to the Governor the amount of the required State | ||||||
7 | contribution to the System for State fiscal year 2005, taking | ||||||
8 | into account the amounts appropriated to and received by the | ||||||
9 | System under subsection (d) of Section 7.2 of the General | ||||||
10 | Obligation Bond Act. | ||||||
11 | On or before July 1, 2005, the Board shall recalculate and | ||||||
12 | recertify to the Governor the amount of the required State | ||||||
13 | contribution to the System for State fiscal year 2006, taking | ||||||
14 | into account the changes in required State contributions made | ||||||
15 | by Public Act 94-4. | ||||||
16 | On or before April 1, 2011, the Board shall recalculate | ||||||
17 | and recertify to the Governor the amount of the required State | ||||||
18 | contribution to the System for State fiscal year 2011, | ||||||
19 | applying the changes made by Public Act 96-889 to the System's | ||||||
20 | assets and liabilities as of June 30, 2009 as though Public Act | ||||||
21 | 96-889 was approved on that date. | ||||||
22 | (a-5) On or before November 1 of each year, beginning | ||||||
23 | November 1, 2012, the Board shall submit to the State Actuary, | ||||||
24 | the Governor, and the General Assembly a proposed | ||||||
25 | certification of the amount of the required State contribution | ||||||
26 | to the System for the next fiscal year, along with all of the |
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1 | actuarial assumptions, calculations, and data upon which that | ||||||
2 | proposed certification is based. On or before January 1 of | ||||||
3 | each year, beginning January 1, 2013, the State Actuary shall | ||||||
4 | issue a preliminary report concerning the proposed | ||||||
5 | certification and identifying, if necessary, recommended | ||||||
6 | changes in actuarial assumptions that the Board must consider | ||||||
7 | before finalizing its certification of the required State | ||||||
8 | contributions. On or before January 15, 2013 and each January | ||||||
9 | 15 thereafter, the Board shall certify to the Governor and the | ||||||
10 | General Assembly the amount of the required State contribution | ||||||
11 | for the next fiscal year. The Board's certification must note | ||||||
12 | any deviations from the State Actuary's recommended changes, | ||||||
13 | the reason or reasons for not following the State Actuary's | ||||||
14 | recommended changes, and the fiscal impact of not following | ||||||
15 | the State Actuary's recommended changes on the required State | ||||||
16 | contribution. | ||||||
17 | (a-10) By November 1, 2017, the Board shall recalculate | ||||||
18 | and recertify to the State Actuary, the Governor, and the | ||||||
19 | General Assembly the amount of the State contribution to the | ||||||
20 | System for State fiscal year 2018, taking into account the | ||||||
21 | changes in required State contributions made by Public Act | ||||||
22 | 100-23. The State Actuary shall review the assumptions and | ||||||
23 | valuations underlying the Board's revised certification and | ||||||
24 | issue a preliminary report concerning the proposed | ||||||
25 | recertification and identifying, if necessary, recommended | ||||||
26 | changes in actuarial assumptions that the Board must consider |
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1 | before finalizing its certification of the required State | ||||||
2 | contributions. The Board's final certification must note any | ||||||
3 | deviations from the State Actuary's recommended changes, the | ||||||
4 | reason or reasons for not following the State Actuary's | ||||||
5 | recommended changes, and the fiscal impact of not following | ||||||
6 | the State Actuary's recommended changes on the required State | ||||||
7 | contribution. | ||||||
8 | (a-15) On or after June 15, 2019, but no later than June | ||||||
9 | 30, 2019, the Board shall recalculate and recertify to the | ||||||
10 | Governor and the General Assembly the amount of the State | ||||||
11 | contribution to the System for State fiscal year 2019, taking | ||||||
12 | into account the changes in required State contributions made | ||||||
13 | by Public Act 100-587. The recalculation shall be made using | ||||||
14 | assumptions adopted by the Board for the original fiscal year | ||||||
15 | 2019 certification. The monthly voucher for the 12th month of | ||||||
16 | fiscal year 2019 shall be paid by the Comptroller after the | ||||||
17 | recertification required pursuant to this subsection is | ||||||
18 | submitted to the Governor, Comptroller, and General Assembly. | ||||||
19 | The recertification submitted to the General Assembly shall be | ||||||
20 | filed with the Clerk of the House of Representatives and the | ||||||
21 | Secretary of the Senate in electronic form only, in the manner | ||||||
22 | that the Clerk and the Secretary shall direct. | ||||||
23 | (b) Through State fiscal year 1995, the State | ||||||
24 | contributions shall be paid to the System in accordance with | ||||||
25 | Section 18-7 of the School Code. | ||||||
26 | (b-1) Unless otherwise directed by the Comptroller under |
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1 | subsection (b-1.1), the Board shall submit vouchers for | ||||||
2 | payment of State contributions to the System for the | ||||||
3 | applicable month on the 15th day of each month, or as soon | ||||||
4 | thereafter as may be practicable. The amount vouchered for a | ||||||
5 | monthly payment shall total one-twelfth of the required annual | ||||||
6 | State contribution certified under subsection (a-1). | ||||||
7 | (b-1.1) Beginning in State fiscal year 2025, if the | ||||||
8 | Comptroller requests that the Board submit, during a State | ||||||
9 | fiscal year, vouchers for multiple monthly payments for the | ||||||
10 | advance payment of State contributions due to the System for | ||||||
11 | that State fiscal year, then the Board shall submit those | ||||||
12 | additional vouchers as directed by the Comptroller, | ||||||
13 | notwithstanding subsection (b-1). Unless an act of | ||||||
14 | appropriations provides otherwise, nothing in this Section | ||||||
15 | authorizes the Board to submit, in a State fiscal year, | ||||||
16 | vouchers for the payment of State contributions to the System | ||||||
17 | in an amount that exceeds the rate of payroll that is certified | ||||||
18 | by the System under this Section for that State fiscal year. | ||||||
19 | (b-1.2) The vouchers described in subsections (b-1) and | ||||||
20 | (b-1.1) shall be paid by the State Comptroller and Treasurer | ||||||
21 | by warrants drawn on the funds appropriated to the System for | ||||||
22 | that fiscal year. | ||||||
23 | If in any month the amount remaining unexpended from all | ||||||
24 | other appropriations to the System for the applicable fiscal | ||||||
25 | year (including the appropriations to the System under Section | ||||||
26 | 8.12 of the State Finance Act and Section 1 of the State |
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1 | Pension Funds Continuing Appropriation Act) is less than the | ||||||
2 | amount lawfully vouchered under this subsection, the | ||||||
3 | difference shall be paid from the Common School Fund under the | ||||||
4 | continuing appropriation authority provided in Section 1.1 of | ||||||
5 | the State Pension Funds Continuing Appropriation Act. | ||||||
6 | (b-2) Allocations from the Common School Fund apportioned | ||||||
7 | to school districts not coming under this System shall not be | ||||||
8 | diminished or affected by the provisions of this Article. | ||||||
9 | (b-3) For State fiscal years 2012 through 2045, the | ||||||
10 | minimum contribution to the System to be made by the State for | ||||||
11 | each fiscal year shall be an amount determined by the System to | ||||||
12 | be sufficient to bring the total assets of the System up to 90% | ||||||
13 | of the total actuarial liabilities of the System by the end of | ||||||
14 | State fiscal year 2045. In making these determinations, the | ||||||
15 | required State contribution shall be calculated each year as a | ||||||
16 | level percentage of payroll over the years remaining to and | ||||||
17 | including fiscal year 2045 and shall be determined under the | ||||||
18 | projected unit credit actuarial cost method. | ||||||
19 | For each of State fiscal years 2018, 2019, and 2020, the | ||||||
20 | State shall make an additional contribution to the System | ||||||
21 | equal to 2% of the total payroll of each employee who is deemed | ||||||
22 | to have elected the benefits under Section 1-161 or who has | ||||||
23 | made the election under subsection (c) of Section 1-161. | ||||||
24 | A change in an actuarial or investment assumption that | ||||||
25 | increases or decreases the required State contribution and | ||||||
26 | first applies in State fiscal year 2018 or thereafter shall be |
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1 | implemented in equal annual amounts over a 5-year period | ||||||
2 | beginning in the State fiscal year in which the actuarial | ||||||
3 | change first applies to the required State contribution. | ||||||
4 | A change in an actuarial or investment assumption that | ||||||
5 | increases or decreases the required State contribution and | ||||||
6 | first applied to the State contribution in fiscal year 2014, | ||||||
7 | 2015, 2016, or 2017 shall be implemented: | ||||||
8 | (i) as already applied in State fiscal years before | ||||||
9 | 2018; and | ||||||
10 | (ii) in the portion of the 5-year period beginning in | ||||||
11 | the State fiscal year in which the actuarial change first | ||||||
12 | applied that occurs in State fiscal year 2018 or | ||||||
13 | thereafter, by calculating the change in equal annual | ||||||
14 | amounts over that 5-year period and then implementing it | ||||||
15 | at the resulting annual rate in each of the remaining | ||||||
16 | fiscal years in that 5-year period. | ||||||
17 | For State fiscal years 1996 through 2005, the State | ||||||
18 | contribution to the System, as a percentage of the applicable | ||||||
19 | employee payroll, shall be increased in equal annual | ||||||
20 | increments so that by State fiscal year 2011, the State is | ||||||
21 | contributing at the rate required under this Section; except | ||||||
22 | that in the following specified State fiscal years, the State | ||||||
23 | contribution to the System shall not be less than the | ||||||
24 | following indicated percentages of the applicable employee | ||||||
25 | payroll, even if the indicated percentage will produce a State | ||||||
26 | contribution in excess of the amount otherwise required under |
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1 | this subsection and subsection (a), and notwithstanding any | ||||||
2 | contrary certification made under subsection (a-1) before May | ||||||
3 | 27, 1998 (the effective date of Public Act 90-582): 10.02% in | ||||||
4 | FY 1999; 10.77% in FY 2000; 11.47% in FY 2001; 12.16% in FY | ||||||
5 | 2002; 12.86% in FY 2003; and 13.56% in FY 2004. | ||||||
6 | Notwithstanding any other provision of this Article, the | ||||||
7 | total required State contribution for State fiscal year 2006 | ||||||
8 | is $534,627,700. | ||||||
9 | Notwithstanding any other provision of this Article, the | ||||||
10 | total required State contribution for State fiscal year 2007 | ||||||
11 | is $738,014,500. | ||||||
12 | For each of State fiscal years 2008 through 2009, the | ||||||
13 | State contribution to the System, as a percentage of the | ||||||
14 | applicable employee payroll, shall be increased in equal | ||||||
15 | annual increments from the required State contribution for | ||||||
16 | State fiscal year 2007, so that by State fiscal year 2011, the | ||||||
17 | State is contributing at the rate otherwise required under | ||||||
18 | this Section. | ||||||
19 | Notwithstanding any other provision of this Article, the | ||||||
20 | total required State contribution for State fiscal year 2010 | ||||||
21 | is $2,089,268,000 and shall be made from the proceeds of bonds | ||||||
22 | sold in fiscal year 2010 pursuant to Section 7.2 of the General | ||||||
23 | Obligation Bond Act, less (i) the pro rata share of bond sale | ||||||
24 | expenses determined by the System's share of total bond | ||||||
25 | proceeds, (ii) any amounts received from the Common School | ||||||
26 | Fund in fiscal year 2010, and (iii) any reduction in bond |
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1 | proceeds due to the issuance of discounted bonds, if | ||||||
2 | applicable. | ||||||
3 | Notwithstanding any other provision of this Article, the | ||||||
4 | total required State contribution for State fiscal year 2011 | ||||||
5 | is the amount recertified by the System on or before April 1, | ||||||
6 | 2011 pursuant to subsection (a-1) of this Section and shall be | ||||||
7 | made from the proceeds of bonds sold in fiscal year 2011 | ||||||
8 | pursuant to Section 7.2 of the General Obligation Bond Act, | ||||||
9 | less (i) the pro rata share of bond sale expenses determined by | ||||||
10 | the System's share of total bond proceeds, (ii) any amounts | ||||||
11 | received from the Common School Fund in fiscal year 2011, and | ||||||
12 | (iii) any reduction in bond proceeds due to the issuance of | ||||||
13 | discounted bonds, if applicable. This amount shall include, in | ||||||
14 | addition to the amount certified by the System, an amount | ||||||
15 | necessary to meet employer contributions required by the State | ||||||
16 | as an employer under paragraph (e) of this Section, which may | ||||||
17 | also be used by the System for contributions required by | ||||||
18 | paragraph (a) of Section 16-127. | ||||||
19 | Beginning in State fiscal year 2046, the minimum State | ||||||
20 | contribution for each fiscal year shall be the amount needed | ||||||
21 | to maintain the total assets of the System at 90% of the total | ||||||
22 | actuarial liabilities of the System. | ||||||
23 | Amounts received by the System pursuant to Section 25 of | ||||||
24 | the Budget Stabilization Act or Section 8.12 of the State | ||||||
25 | Finance Act in any fiscal year do not reduce and do not | ||||||
26 | constitute payment of any portion of the minimum State |
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1 | contribution required under this Article in that fiscal year. | ||||||
2 | Such amounts shall not reduce, and shall not be included in the | ||||||
3 | calculation of, the required State contributions under this | ||||||
4 | Article in any future year until the System has reached a | ||||||
5 | funding ratio of at least 90%. A reference in this Article to | ||||||
6 | the "required State contribution" or any substantially similar | ||||||
7 | term does not include or apply to any amounts payable to the | ||||||
8 | System under Section 25 of the Budget Stabilization Act. | ||||||
9 | Notwithstanding any other provision of this Section, the | ||||||
10 | required State contribution for State fiscal year 2005 and for | ||||||
11 | fiscal year 2008 and each fiscal year thereafter, as | ||||||
12 | calculated under this Section and certified under subsection | ||||||
13 | (a-1), shall not exceed an amount equal to (i) the amount of | ||||||
14 | the required State contribution that would have been | ||||||
15 | calculated under this Section for that fiscal year if the | ||||||
16 | System had not received any payments under subsection (d) of | ||||||
17 | Section 7.2 of the General Obligation Bond Act, minus (ii) the | ||||||
18 | portion of the State's total debt service payments for that | ||||||
19 | fiscal year on the bonds issued in fiscal year 2003 for the | ||||||
20 | purposes of that Section 7.2, as determined and certified by | ||||||
21 | the Comptroller, that is the same as the System's portion of | ||||||
22 | the total moneys distributed under subsection (d) of Section | ||||||
23 | 7.2 of the General Obligation Bond Act. In determining this | ||||||
24 | maximum for State fiscal years 2008 through 2010, however, the | ||||||
25 | amount referred to in item (i) shall be increased, as a | ||||||
26 | percentage of the applicable employee payroll, in equal |
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1 | increments calculated from the sum of the required State | ||||||
2 | contribution for State fiscal year 2007 plus the applicable | ||||||
3 | portion of the State's total debt service payments for fiscal | ||||||
4 | year 2007 on the bonds issued in fiscal year 2003 for the | ||||||
5 | purposes of Section 7.2 of the General Obligation Bond Act, so | ||||||
6 | that, by State fiscal year 2011, the State is contributing at | ||||||
7 | the rate otherwise required under this Section. | ||||||
8 | (b-4) Beginning in fiscal year 2018, each employer under | ||||||
9 | this Article shall pay to the System a required contribution | ||||||
10 | determined as a percentage of projected payroll and sufficient | ||||||
11 | to produce an annual amount equal to: | ||||||
12 | (i) for each of fiscal years 2018, 2019, and 2020, the | ||||||
13 | defined benefit normal cost of the defined benefit plan, | ||||||
14 | less the employee contribution, for each employee of that | ||||||
15 | employer who has elected or who is deemed to have elected | ||||||
16 | the benefits under Section 1-161 or who has made the | ||||||
17 | election under subsection (b) of Section 1-161; for fiscal | ||||||
18 | year 2021 and each fiscal year thereafter, the defined | ||||||
19 | benefit normal cost of the defined benefit plan, less the | ||||||
20 | employee contribution, plus 2%, for each employee of that | ||||||
21 | employer who has elected or who is deemed to have elected | ||||||
22 | the benefits under Section 1-161 or who has made the | ||||||
23 | election under subsection (b) of Section 1-161; plus | ||||||
24 | (ii) the amount required for that fiscal year to | ||||||
25 | amortize any unfunded actuarial accrued liability | ||||||
26 | associated with the present value of liabilities |
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1 | attributable to the employer's account under Section | ||||||
2 | 16-158.3, determined as a level percentage of payroll over | ||||||
3 | a 30-year rolling amortization period. | ||||||
4 | In determining contributions required under item (i) of | ||||||
5 | this subsection, the System shall determine an aggregate rate | ||||||
6 | for all employers, expressed as a percentage of projected | ||||||
7 | payroll. | ||||||
8 | In determining the contributions required under item (ii) | ||||||
9 | of this subsection, the amount shall be computed by the System | ||||||
10 | on the basis of the actuarial assumptions and tables used in | ||||||
11 | the most recent actuarial valuation of the System that is | ||||||
12 | available at the time of the computation. | ||||||
13 | The contributions required under this subsection (b-4) | ||||||
14 | shall be paid by an employer concurrently with that employer's | ||||||
15 | payroll payment period. The State, as the actual employer of | ||||||
16 | an employee, shall make the required contributions under this | ||||||
17 | subsection. | ||||||
18 | (c) Payment of the required State contributions and of all | ||||||
19 | pensions, retirement annuities, death benefits, refunds, and | ||||||
20 | other benefits granted under or assumed by this System, and | ||||||
21 | all expenses in connection with the administration and | ||||||
22 | operation thereof, are obligations of the State. | ||||||
23 | If members are paid from special trust or federal funds | ||||||
24 | which are administered by the employing unit, whether school | ||||||
25 | district or other unit, the employing unit shall pay to the | ||||||
26 | System from such funds the full accruing retirement costs |
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1 | based upon that service, which, beginning July 1, 2017, shall | ||||||
2 | be at a rate, expressed as a percentage of salary, equal to the | ||||||
3 | total employer's normal cost, expressed as a percentage of | ||||||
4 | payroll, as determined by the System. Employer contributions, | ||||||
5 | based on salary paid to members from federal funds, may be | ||||||
6 | forwarded by the distributing agency of the State of Illinois | ||||||
7 | to the System prior to allocation, in an amount determined in | ||||||
8 | accordance with guidelines established by such agency and the | ||||||
9 | System. Any contribution for fiscal year 2015 collected as a | ||||||
10 | result of the change made by Public Act 98-674 shall be | ||||||
11 | considered a State contribution under subsection (b-3) of this | ||||||
12 | Section. | ||||||
13 | (d) Effective July 1, 1986, any employer of a teacher as | ||||||
14 | defined in paragraph (8) of Section 16-106 shall pay the | ||||||
15 | employer's normal cost of benefits based upon the teacher's | ||||||
16 | service, in addition to employee contributions, as determined | ||||||
17 | by the System. Such employer contributions shall be forwarded | ||||||
18 | monthly in accordance with guidelines established by the | ||||||
19 | System. | ||||||
20 | However, with respect to benefits granted under Section | ||||||
21 | 16-133.4 or 16-133.5 to a teacher as defined in paragraph (8) | ||||||
22 | of Section 16-106, the employer's contribution shall be 12% | ||||||
23 | (rather than 20%) of the member's highest annual salary rate | ||||||
24 | for each year of creditable service granted, and the employer | ||||||
25 | shall also pay the required employee contribution on behalf of | ||||||
26 | the teacher. For the purposes of Sections 16-133.4 and |
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1 | 16-133.5, a teacher as defined in paragraph (8) of Section | ||||||
2 | 16-106 who is serving in that capacity while on leave of | ||||||
3 | absence from another employer under this Article shall not be | ||||||
4 | considered an employee of the employer from which the teacher | ||||||
5 | is on leave. | ||||||
6 | (e) Beginning July 1, 1998, every employer of a teacher | ||||||
7 | shall pay to the System an employer contribution computed as | ||||||
8 | follows: | ||||||
9 | (1) Beginning July 1, 1998 through June 30, 1999, the | ||||||
10 | employer contribution shall be equal to 0.3% of each | ||||||
11 | teacher's salary. | ||||||
12 | (2) Beginning July 1, 1999 and thereafter, the | ||||||
13 | employer contribution shall be equal to 0.58% of each | ||||||
14 | teacher's salary. | ||||||
15 | The school district or other employing unit may pay these | ||||||
16 | employer contributions out of any source of funding available | ||||||
17 | for that purpose and shall forward the contributions to the | ||||||
18 | System on the schedule established for the payment of member | ||||||
19 | contributions. | ||||||
20 | These employer contributions are intended to offset a | ||||||
21 | portion of the cost to the System of the increases in | ||||||
22 | retirement benefits resulting from Public Act 90-582. | ||||||
23 | Each employer of teachers is entitled to a credit against | ||||||
24 | the contributions required under this subsection (e) with | ||||||
25 | respect to salaries paid to teachers for the period January 1, | ||||||
26 | 2002 through June 30, 2003, equal to the amount paid by that |
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1 | employer under subsection (a-5) of Section 6.6 of the State | ||||||
2 | Employees Group Insurance Act of 1971 with respect to salaries | ||||||
3 | paid to teachers for that period. | ||||||
4 | The additional 1% employee contribution required under | ||||||
5 | Section 16-152 by Public Act 90-582 is the responsibility of | ||||||
6 | the teacher and not the teacher's employer, unless the | ||||||
7 | employer agrees, through collective bargaining or otherwise, | ||||||
8 | to make the contribution on behalf of the teacher. | ||||||
9 | If an employer is required by a contract in effect on May | ||||||
10 | 1, 1998 between the employer and an employee organization to | ||||||
11 | pay, on behalf of all its full-time employees covered by this | ||||||
12 | Article, all mandatory employee contributions required under | ||||||
13 | this Article, then the employer shall be excused from paying | ||||||
14 | the employer contribution required under this subsection (e) | ||||||
15 | for the balance of the term of that contract. The employer and | ||||||
16 | the employee organization shall jointly certify to the System | ||||||
17 | the existence of the contractual requirement, in such form as | ||||||
18 | the System may prescribe. This exclusion shall cease upon the | ||||||
19 | termination, extension, or renewal of the contract at any time | ||||||
20 | after May 1, 1998. | ||||||
21 | (f) If the amount of a teacher's salary for any school year | ||||||
22 | used to determine final average salary exceeds the member's | ||||||
23 | annual full-time salary rate with the same employer for the | ||||||
24 | previous school year by more than 6%, the teacher's employer | ||||||
25 | shall pay to the System, in addition to all other payments | ||||||
26 | required under this Section and in accordance with guidelines |
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1 | established by the System, the present value of the increase | ||||||
2 | in benefits resulting from the portion of the increase in | ||||||
3 | salary that is in excess of 6%. This present value shall be | ||||||
4 | computed by the System on the basis of the actuarial | ||||||
5 | assumptions and tables used in the most recent actuarial | ||||||
6 | valuation of the System that is available at the time of the | ||||||
7 | computation. If a teacher's salary for the 2005-2006 school | ||||||
8 | year is used to determine final average salary under this | ||||||
9 | subsection (f), then the changes made to this subsection (f) | ||||||
10 | by Public Act 94-1057 shall apply in calculating whether the | ||||||
11 | increase in his or her salary is in excess of 6%. For the | ||||||
12 | purposes of this Section, change in employment under Section | ||||||
13 | 10-21.12 of the School Code on or after June 1, 2005 shall | ||||||
14 | constitute a change in employer. The System may require the | ||||||
15 | employer to provide any pertinent information or | ||||||
16 | documentation. The changes made to this subsection (f) by | ||||||
17 | Public Act 94-1111 apply without regard to whether the teacher | ||||||
18 | was in service on or after its effective date. | ||||||
19 | Whenever it determines that a payment is or may be | ||||||
20 | required under this subsection, the System shall calculate the | ||||||
21 | amount of the payment and bill the employer for that amount. | ||||||
22 | The bill shall specify the calculations used to determine the | ||||||
23 | amount due. If the employer disputes the amount of the bill, it | ||||||
24 | may, within 30 days after receipt of the bill, apply to the | ||||||
25 | System in writing for a recalculation. The application must | ||||||
26 | specify in detail the grounds of the dispute and, if the |
| |||||||
| |||||||
1 | employer asserts that the calculation is subject to subsection | ||||||
2 | (g), (g-5), (g-10), (g-15), (g-20), (g-25), or (h) of this | ||||||
3 | Section, must include an affidavit setting forth and attesting | ||||||
4 | to all facts within the employer's knowledge that are | ||||||
5 | pertinent to the applicability of that subsection. Upon | ||||||
6 | receiving a timely application for recalculation, the System | ||||||
7 | shall review the application and, if appropriate, recalculate | ||||||
8 | the amount due. | ||||||
9 | The employer contributions required under this subsection | ||||||
10 | (f) may be paid in the form of a lump sum within 90 days after | ||||||
11 | receipt of the bill. If the employer contributions are not | ||||||
12 | paid within 90 days after receipt of the bill, then interest | ||||||
13 | will be charged at a rate equal to the System's annual | ||||||
14 | actuarially assumed rate of return on investment compounded | ||||||
15 | annually from the 91st day after receipt of the bill. Payments | ||||||
16 | must be concluded within 3 years after the employer's receipt | ||||||
17 | of the bill. | ||||||
18 | (f-1) (Blank). | ||||||
19 | (g) This subsection (g) applies only to payments made or | ||||||
20 | salary increases given on or after June 1, 2005 but before July | ||||||
21 | 1, 2011. The changes made by Public Act 94-1057 shall not | ||||||
22 | require the System to refund any payments received before July | ||||||
23 | 31, 2006 (the effective date of Public Act 94-1057). | ||||||
24 | When assessing payment for any amount due under subsection | ||||||
25 | (f), the System shall exclude salary increases paid to | ||||||
26 | teachers under contracts or collective bargaining agreements |
| |||||||
| |||||||
1 | entered into, amended, or renewed before June 1, 2005. | ||||||
2 | When assessing payment for any amount due under subsection | ||||||
3 | (f), the System shall exclude salary increases paid to a | ||||||
4 | teacher at a time when the teacher is 10 or more years from | ||||||
5 | retirement eligibility under Section 16-132 or 16-133.2. | ||||||
6 | When assessing payment for any amount due under subsection | ||||||
7 | (f), the System shall exclude salary increases resulting from | ||||||
8 | overload work, including summer school, when the school | ||||||
9 | district has certified to the System, and the System has | ||||||
10 | approved the certification, that (i) the overload work is for | ||||||
11 | the sole purpose of classroom instruction in excess of the | ||||||
12 | standard number of classes for a full-time teacher in a school | ||||||
13 | district during a school year and (ii) the salary increases | ||||||
14 | are equal to or less than the rate of pay for classroom | ||||||
15 | instruction computed on the teacher's current salary and work | ||||||
16 | schedule. | ||||||
17 | When assessing payment for any amount due under subsection | ||||||
18 | (f), the System shall exclude a salary increase resulting from | ||||||
19 | a promotion (i) for which the employee is required to hold a | ||||||
20 | certificate or supervisory endorsement issued by the State | ||||||
21 | Teacher Certification Board that is a different certification | ||||||
22 | or supervisory endorsement than is required for the teacher's | ||||||
23 | previous position and (ii) to a position that has existed and | ||||||
24 | been filled by a member for no less than one complete academic | ||||||
25 | year and the salary increase from the promotion is an increase | ||||||
26 | that results in an amount no greater than the lesser of the |
| |||||||
| |||||||
1 | average salary paid for other similar positions in the | ||||||
2 | district requiring the same certification or the amount | ||||||
3 | stipulated in the collective bargaining agreement for a | ||||||
4 | similar position requiring the same certification. | ||||||
5 | When assessing payment for any amount due under subsection | ||||||
6 | (f), the System shall exclude any payment to the teacher from | ||||||
7 | the State of Illinois or the State Board of Education over | ||||||
8 | which the employer does not have discretion, notwithstanding | ||||||
9 | that the payment is included in the computation of final | ||||||
10 | average salary. | ||||||
11 | (g-5) When assessing payment for any amount due under | ||||||
12 | subsection (f), the System shall exclude salary increases | ||||||
13 | resulting from overload or stipend work performed in a school | ||||||
14 | year subsequent to a school year in which the employer was | ||||||
15 | unable to offer or allow to be conducted overload or stipend | ||||||
16 | work due to an emergency declaration limiting such activities. | ||||||
17 | (g-10) When assessing payment for any amount due under | ||||||
18 | subsection (f), the System shall exclude salary increases | ||||||
19 | resulting from increased instructional time that exceeded the | ||||||
20 | instructional time required during the 2019-2020 school year. | ||||||
21 | (g-15) When assessing payment for any amount due under | ||||||
22 | subsection (f), the System shall exclude salary increases | ||||||
23 | resulting from teaching summer school on or after May 1, 2021 | ||||||
24 | and before September 15, 2022. | ||||||
25 | (g-20) When assessing payment for any amount due under | ||||||
26 | subsection (f), the System shall exclude salary increases |
| |||||||
| |||||||
1 | necessary to bring a school board in compliance with Public | ||||||
2 | Act 101-443 or this amendatory Act of the 103rd General | ||||||
3 | Assembly. | ||||||
4 | (g-25) When assessing payment for any amount due under | ||||||
5 | subsection (f), the System shall exclude salary increases | ||||||
6 | given on or after July 1, 2025 resulting from overload work, | ||||||
7 | including summer school, when the school district has | ||||||
8 | certified to the System, and the System has approved the | ||||||
9 | certification, that (i) the overload work is for the sole | ||||||
10 | purpose of classroom instruction in excess of the standard | ||||||
11 | number of classes for a full-time teacher in a school district | ||||||
12 | during a school year and (ii) the salary increases are equal to | ||||||
13 | or less than the rate of pay for classroom instruction | ||||||
14 | computed on the teacher's current salary and work schedule. | ||||||
15 | (h) When assessing payment for any amount due under | ||||||
16 | subsection (f), the System shall exclude any salary increase | ||||||
17 | described in subsection (g) of this Section given on or after | ||||||
18 | July 1, 2011 but before July 1, 2014 under a contract or | ||||||
19 | collective bargaining agreement entered into, amended, or | ||||||
20 | renewed on or after June 1, 2005 but before July 1, 2011. | ||||||
21 | Notwithstanding any other provision of this Section, any | ||||||
22 | payments made or salary increases given after June 30, 2014 | ||||||
23 | shall be used in assessing payment for any amount due under | ||||||
24 | subsection (f) of this Section. | ||||||
25 | (i) The System shall prepare a report and file copies of | ||||||
26 | the report with the Governor and the General Assembly by |
| |||||||
| |||||||
1 | January 1, 2007 that contains all of the following | ||||||
2 | information: | ||||||
3 | (1) The number of recalculations required by the | ||||||
4 | changes made to this Section by Public Act 94-1057 for | ||||||
5 | each employer. | ||||||
6 | (2) The dollar amount by which each employer's | ||||||
7 | contribution to the System was changed due to | ||||||
8 | recalculations required by Public Act 94-1057. | ||||||
9 | (3) The total amount the System received from each | ||||||
10 | employer as a result of the changes made to this Section by | ||||||
11 | Public Act 94-4. | ||||||
12 | (4) The increase in the required State contribution | ||||||
13 | resulting from the changes made to this Section by Public | ||||||
14 | Act 94-1057. | ||||||
15 | (i-5) For school years beginning on or after July 1, 2017, | ||||||
16 | if the amount of a participant's salary for any school year | ||||||
17 | exceeds the amount of the salary set for the Governor, the | ||||||
18 | participant's employer shall pay to the System, in addition to | ||||||
19 | all other payments required under this Section and in | ||||||
20 | accordance with guidelines established by the System, an | ||||||
21 | amount determined by the System to be equal to the employer | ||||||
22 | normal cost, as established by the System and expressed as a | ||||||
23 | total percentage of payroll, multiplied by the amount of | ||||||
24 | salary in excess of the amount of the salary set for the | ||||||
25 | Governor. This amount shall be computed by the System on the | ||||||
26 | basis of the actuarial assumptions and tables used in the most |
| |||||||
| |||||||
1 | recent actuarial valuation of the System that is available at | ||||||
2 | the time of the computation. The System may require the | ||||||
3 | employer to provide any pertinent information or | ||||||
4 | documentation. | ||||||
5 | Whenever it determines that a payment is or may be | ||||||
6 | required under this subsection, the System shall calculate the | ||||||
7 | amount of the payment and bill the employer for that amount. | ||||||
8 | The bill shall specify the calculations used to determine the | ||||||
9 | amount due. If the employer disputes the amount of the bill, it | ||||||
10 | may, within 30 days after receipt of the bill, apply to the | ||||||
11 | System in writing for a recalculation. The application must | ||||||
12 | specify in detail the grounds of the dispute. Upon receiving a | ||||||
13 | timely application for recalculation, the System shall review | ||||||
14 | the application and, if appropriate, recalculate the amount | ||||||
15 | due. | ||||||
16 | The employer contributions required under this subsection | ||||||
17 | may be paid in the form of a lump sum within 90 days after | ||||||
18 | receipt of the bill. If the employer contributions are not | ||||||
19 | paid within 90 days after receipt of the bill, then interest | ||||||
20 | will be charged at a rate equal to the System's annual | ||||||
21 | actuarially assumed rate of return on investment compounded | ||||||
22 | annually from the 91st day after receipt of the bill. Payments | ||||||
23 | must be concluded within 3 years after the employer's receipt | ||||||
24 | of the bill. | ||||||
25 | (j) For purposes of determining the required State | ||||||
26 | contribution to the System, the value of the System's assets |
| |||||||
| |||||||
1 | shall be equal to the actuarial value of the System's assets, | ||||||
2 | which shall be calculated as follows: | ||||||
3 | As of June 30, 2008, the actuarial value of the System's | ||||||
4 | assets shall be equal to the market value of the assets as of | ||||||
5 | that date. In determining the actuarial value of the System's | ||||||
6 | assets for fiscal years after June 30, 2008, any actuarial | ||||||
7 | gains or losses from investment return incurred in a fiscal | ||||||
8 | year shall be recognized in equal annual amounts over the | ||||||
9 | 5-year period following that fiscal year. | ||||||
10 | (k) For purposes of determining the required State | ||||||
11 | contribution to the system for a particular year, the | ||||||
12 | actuarial value of assets shall be assumed to earn a rate of | ||||||
13 | return equal to the system's actuarially assumed rate of | ||||||
14 | return. | ||||||
15 | (Source: P.A. 102-16, eff. 6-17-21; 102-525, eff. 8-20-21; | ||||||
16 | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-515, eff. | ||||||
17 | 8-11-23; 103-588, eff. 6-5-24.) | ||||||
18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law. |