Bill Text: IL HB0228 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the State Employees Article of the Illinois Pension Code. Provides that the term "employee" does not include any person who becomes a director of the Illinois State Toll Highway Authority on or after the effective date of the amendatory Act. Amends the Toll Highway Act. Provides that, beginning on the effective date of the amendatory Act, the chairman and other directors of the Illinois State Toll Highway Authority shall receive no annual salary or other compensation for their service in office, except that they shall be reimbursed for actual expenses incurred in the performance of their duties. Provides that no service or contribution shall be credited in any retirement system or pension fund, under the Illinois Pension Code or otherwise, to the chairman and the directors for service in that office beginning on or after the effective date of the amendatory Act, and no public funds shall be appropriated, expended, or otherwise obligated for such a retirement system or pension fund credit. Prohibits the chairman and directors from receiving financial benefit or perquisite for service in that office, including without limitation participation in a program of life or health insurance. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Failed) 2013-01-08 - Session Sine Die [HB0228 Detail]

Download: Illinois-2011-HB0228-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB0228 Introduced , by Rep. Jack D. Franks SYNOPSIS AS INTRODUCED:
40 ILCS 5/14-103.05 from Ch. 108 1/2, par. 14-103.05
605 ILCS 10/4 from Ch. 121, par. 100-4
605 ILCS 10/5 from Ch. 121, par. 100-5
Amends the State Employees Article of the Illinois Pension Code. Provides that the term "employee" does not include any person who becomes a director of the Illinois State Toll Highway Authority on or after the effective date of the amendatory Act. Amends the Toll Highway Act. Provides that, beginning on the effective date of the amendatory Act, the chairman and other directors of the Illinois State Toll Highway Authority shall receive no annual salary or other compensation for their service in office, except that they shall be reimbursed for actual expenses incurred in the performance of their duties. Provides that no service or contribution shall be credited in any retirement system or pension fund, under the Illinois Pension Code or otherwise, to the chairman and the directors for service in that office beginning on or after the effective date of the amendatory Act, and no public funds shall be appropriated, expended, or otherwise obligated for such a retirement system or pension fund credit. Prohibits the chairman and directors from receiving financial benefit or perquisite for service in that office, including without limitation participation in a program of life or health insurance. Effective immediately.
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FISCAL NOTE ACT MAY APPLY PENSION IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning public employee benefits.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Pension Code is amended by changing
Section 14-103.05 as follows:
(40 ILCS 5/14-103.05) (from Ch. 108 1/2, par. 14-103.05)
Sec. 14-103.05. Employee.
(a) Any person employed by a Department who receives salary
for personal services rendered to the Department on a warrant
issued pursuant to a payroll voucher certified by a Department
and drawn by the State Comptroller upon the State Treasurer,
including an elected official described in subparagraph (d) of
Section 14-104, shall become an employee for purpose of
membership in the Retirement System on the first day of such
employment.
A person entering service on or after January 1, 1972 and
prior to January 1, 1984 shall become a member as a condition
of employment and shall begin making contributions as of the
first day of employment.
A person entering service on or after January 1, 1984
shall, upon completion of 6 months of continuous service which
is not interrupted by a break of more than 2 months, become a
member as a condition of employment. Contributions shall begin

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the first of the month after completion of the qualifying
period.
A person employed by the Chicago Metropolitan Agency for
Planning on the effective date of this amendatory Act of the
95th General Assembly who was a member of this System as an
employee of the Chicago Area Transportation Study and makes an
election under Section 14-104.13 to participate in this System
for his or her employment with the Chicago Metropolitan Agency
for Planning.
The qualifying period of 6 months of service is not
applicable to: (1) a person who has been granted credit for
service in a position covered by the State Universities
Retirement System, the Teachers' Retirement System of the State
of Illinois, the General Assembly Retirement System, or the
Judges Retirement System of Illinois unless that service has
been forfeited under the laws of those systems; (2) a person
entering service on or after July 1, 1991 in a noncovered
position; (3) a person to whom Section 14-108.2a or 14-108.2b
applies; or (4) a person to whom subsection (a-5) of this
Section applies.
(a-5) A person entering service on or after December 1,
2010 shall become a member as a condition of employment and
shall begin making contributions as of the first day of
employment. A person serving in the qualifying period on
December 1, 2010 will become a member on December 1, 2010 and
shall begin making contributions as of December 1, 2010.

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(b) The term "employee" does not include the following:
(1) members of the State Legislature, and persons
electing to become members of the General Assembly
Retirement System pursuant to Section 2-105;
(2) incumbents of offices normally filled by vote of
the people;
(3) except as otherwise provided in this Section, any
person appointed by the Governor with the advice and
consent of the Senate unless that person elects to
participate in this system;
(3.1) any person serving as a commissioner of an ethics
commission created under the State Officials and Employees
Ethics Act unless that person elects to participate in this
system with respect to that service as a commissioner;
(3.2) any person serving as a part-time employee in any
of the following positions: Legislative Inspector General,
Special Legislative Inspector General, employee of the
Office of the Legislative Inspector General, Executive
Director of the Legislative Ethics Commission, or staff of
the Legislative Ethics Commission, regardless of whether
he or she is in active service on or after July 8, 2004
(the effective date of Public Act 93-685), unless that
person elects to participate in this System with respect to
that service; in this item (3.2), a "part-time employee" is
a person who is not required to work at least 35 hours per
week;

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(3.3) any person who has made an election under Section
1-123 and who is serving either as legal counsel in the
Office of the Governor or as Chief Deputy Attorney General;
(4) except as provided in Section 14-108.2 or
14-108.2c, any person who is covered or eligible to be
covered by the Teachers' Retirement System of the State of
Illinois, the State Universities Retirement System, or the
Judges Retirement System of Illinois;
(5) an employee of a municipality or any other
political subdivision of the State;
(6) any person who becomes an employee after June 30,
1979 as a public service employment program participant
under the Federal Comprehensive Employment and Training
Act and whose wages or fringe benefits are paid in whole or
in part by funds provided under such Act;
(7) enrollees of the Illinois Young Adult Conservation
Corps program, administered by the Department of Natural
Resources, authorized grantee pursuant to Title VIII of the
"Comprehensive Employment and Training Act of 1973", 29 USC
993, as now or hereafter amended;
(8) enrollees and temporary staff of programs
administered by the Department of Natural Resources under
the Youth Conservation Corps Act of 1970;
(9) any person who is a member of any professional
licensing or disciplinary board created under an Act
administered by the Department of Professional Regulation

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or a successor agency or created or re-created after the
effective date of this amendatory Act of 1997, and who
receives per diem compensation rather than a salary,
notwithstanding that such per diem compensation is paid by
warrant issued pursuant to a payroll voucher; such persons
have never been included in the membership of this System,
and this amendatory Act of 1987 (P.A. 84-1472) is not
intended to effect any change in the status of such
persons;
(10) any person who is a member of the Illinois Health
Care Cost Containment Council, and receives per diem
compensation rather than a salary, notwithstanding that
such per diem compensation is paid by warrant issued
pursuant to a payroll voucher; such persons have never been
included in the membership of this System, and this
amendatory Act of 1987 is not intended to effect any change
in the status of such persons;
(11) any person who is a member of the Oil and Gas
Board created by Section 1.2 of the Illinois Oil and Gas
Act, and receives per diem compensation rather than a
salary, notwithstanding that such per diem compensation is
paid by warrant issued pursuant to a payroll voucher; or
(12) a person employed by the State Board of Higher
Education in a position with the Illinois Century Network
as of June 30, 2004, who remains continuously employed
after that date by the Department of Central Management

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Services in a position with the Illinois Century Network
and participates in the Article 15 system with respect to
that employment; or .
(13) any person who becomes a director of the Illinois
State Toll Highway Authority on or after the effective date
of this amendatory Act of the 97th General Assembly.
(c) An individual who represents or is employed as an
officer or employee of a statewide labor organization that
represents members of this System may participate in the System
and shall be deemed an employee, provided that (1) the
individual has previously earned creditable service under this
Article, (2) the individual files with the System an
irrevocable election to become a participant within 6 months
after the effective date of this amendatory Act of the 94th
General Assembly, and (3) the individual does not receive
credit for that employment under any other provisions of this
Code. An employee under this subsection (c) is responsible for
paying to the System both (i) employee contributions based on
the actual compensation received for service with the labor
organization and (ii) employer contributions based on the
percentage of payroll certified by the board; all or any part
of these contributions may be paid on the employee's behalf or
picked up for tax purposes (if authorized under federal law) by
the labor organization.
A person who is an employee as defined in this subsection
(c) may establish service credit for similar employment prior

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to becoming an employee under this subsection by paying to the
System for that employment the contributions specified in this
subsection, plus interest at the effective rate from the date
of service to the date of payment. However, credit shall not be
granted under this subsection (c) for any such prior employment
for which the applicant received credit under any other
provision of this Code or during which the applicant was on a
leave of absence.
(Source: P.A. 95-677, eff. 10-11-07; 96-1490, eff. 1-1-11.)
Section 10. The Toll Highway Act is amended by changing
Sections 4 and 5 as follows:
(605 ILCS 10/4) (from Ch. 121, par. 100-4)
Sec. 4. Of the directors appointed by the Governor, one
such director shall be appointed by the Governor as chairman
and shall hold office for 4 years from the date of his
appointment, and until his successor shall be duly appointed
and qualified, but shall be subject to removal by the Governor
for incompetency, neglect of duty or malfeasance.
The chairman shall preside at all meetings of the Board of
Directors of the Authority; shall exercise general supervision
over all powers, duties, obligations and functions of the
Authority; and shall approve or disapprove all resolutions,
by-laws, rules, rates and regulations made and established by
the Board of Directors, and if he shall approve thereof, he

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shall sign the same, and such as he shall not approve he shall
return to the Board of Directors with his objections thereto in
writing at the next regular meeting of the Board of Directors
occurring after the passage thereof. Such veto may extend to
any one or more items contained in such resolution, by-law,
rule, rate or regulation, or to its entirety; and in case the
veto extends to a part of such resolution, by-law, rule, rate
or regulation, the residue thereof shall take effect and be in
force, but in case the chairman shall fail to return any
resolution, by-law, rule, rate or regulation with his
objections thereto by the time aforesaid, he shall be deemed to
have approved the same, and the same shall take effect
accordingly. Upon the return of any resolution, by-law, rule,
rate or regulation by the chairman, the vote by which the same
was passed shall be reconsidered by the Board of Directors, and
if upon such reconsideration two-thirds of all the Directors
agree by yeas and nays to pass the same, it shall go into
effect notwithstanding the chairman's refusal to approve
thereof.
Until the effective date of this amendatory Act of the 97th
General Assembly, the The chairman shall receive a salary of
$18,000 per annum, or as set by the Compensation Review Board,
whichever is greater, payable in monthly installments,
together with reimbursement for necessary expenses incurred in
the performance of his duties. Beginning on the effective date
of this amendatory Act of the 97th General Assembly, the

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chairman of the Illinois State Toll Highway Authority shall
receive no annual salary or other compensation for his or her
service in office, except that the chairman shall be reimbursed
for actual expenses incurred in the performance of his or her
duties.
No service or contribution shall be credited in any
retirement system or pension fund, under the Illinois Pension
Code or otherwise, to the chairman for service in that office
beginning on or after the effective date of this amendatory Act
of the 97th General Assembly, and no public funds shall be
appropriated, expended, or otherwise obligated for such a
retirement system or pension fund credit. Except as otherwise
provided in this Act, beginning on the effective date of this
amendatory Act of the 97th General Assembly, the chairman shall
receive no financial benefit or perquisite for his or her
service in that office, including without limitation
participation in a program of life or health insurance.
The chairman shall be eligible for reappointment.
(Source: P.A. 83-1177.)
(605 ILCS 10/5) (from Ch. 121, par. 100-5)
Sec. 5. Of the original directors, other than the chairman,
so appointed by the Governor, 3 shall hold office for 2 years
and 3 shall hold office for 4 years, from the date of their
appointment and until their respective successors shall be duly
appointed and qualified, but shall be subject to removal by the

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Governor for incompetency, neglect of duty or malfeasance. In
case of vacancies in such offices during the recess of the
Senate, the Governor shall make a temporary appointment until
the next meeting of the Senate when he shall nominate some
person to fill such office and any person so nominated, who is
confirmed by the Senate, shall hold office during the remainder
of the term and until his successor shall be appointed and
qualified. The respective term of the first directors appointed
shall be designated by the Governor at the time of appointment,
but their successors shall each be appointed for a term of four
years, except that any person appointed to fill a vacancy shall
serve only for the unexpired term. Directors shall be eligible
for reappointment.
In making the initial appointments of the 2 additional
directors provided for by this amendatory Act of 1980, the
respective terms of the 2 additional directors first appointed
shall be designated by the Governor at the time of appointment
in such manner that the term of one such additional director
shall expire at the same time as the terms of 4 of the other
directors and the term of the other additional director shall
expire at the same time as the terms of 3 of the other
directors; thereafter the terms shall be 4 years.
Until the effective date of this amendatory Act of the 97th
General Assembly, each Each such director, other than ex
officio members shall receive an annual salary of $15,000, or
as set by the Compensation Review Board, whichever is greater,

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payable in monthly installments, and shall be reimbursed for
necessary expenses incurred in the performance of his duties.
Beginning on the effective date of this amendatory Act of the
97th General Assembly, directors of the Illinois State Toll
Highway Authority shall receive no annual salary or other
compensation for their service in office, except that each
director shall be reimbursed for actual expenses incurred in
the performance of his or her duties.
No service or contribution shall be credited in any
retirement system or pension fund, under the Illinois Pension
Code or otherwise, to a director for service in that office
beginning on or after the effective date of this amendatory Act
of the 97th General Assembly, and no public funds shall be
appropriated, expended, or otherwise obligated for such a
retirement system or pension fund credit. Except as otherwise
provided in this Act, beginning on the effective date of this
amendatory Act of the 97th General Assembly, a Director shall
receive no financial benefit or perquisite for his or her
service in such office, including without limitation
participation in a program of life or health insurance.
(Source: P.A. 86-1164.)
Section 99. Effective date. This Act takes effect upon
becoming law.