Bill Text: IL HB0417 | 2021-2022 | 102nd General Assembly | Chaptered

---

Bill Title: Amends the Chicago Park District Act. Authorizes the Chicago Park District to issue bonds in the principal amount of $250,000,000 for the purpose of making contributions to the Chicago Park District Pension Fund without submitting the question of issuing the bonds to the voters of the District. Amends the Property Tax Extension Limitation Law of the Property Tax Code to exclude extensions made for payments of principal and interest on those bonds. Amends the Chicago Park District Article of the Illinois Pension Code. Repeals and removes certain provisions added by Public Act 98-622 that have been held unconstitutional by the Circuit Court of Cook County. For an employee to whom Tier 2 applies who first becomes an employee under the Chicago Park District Article on or after January 1, 2022 or who makes a specified election, decreases the retirement age by 2 years. Makes related changes. For persons who first become an employee on or after January 1, 2022 or who make a specified election, provides that the contribution for a service annuity shall be 9% (instead of 7%) of salary. Provides that in lieu of levying all or a portion of the tax, the employer may deposit an amount not less than the required amount of the employer contributions derived from any source legally available for that purpose. Makes changes to the formula for calculating the amount of the required Park District contribution beginning in payment year 2021. Provides that beginning in levy year 2020, the tax levy shall not exceed the amount of the Park District's total required contribution to the fund (instead of a multiplier of the employee contributions). Reenacts provisions concerning new benefit increases. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2021-08-06 - Public Act . . . . . . . . . 102-0263 [HB0417 Detail]

Download: Illinois-2021-HB0417-Chaptered.html

---

Public Act 102-0263
HB0417 Enrolled LRB102 09987 RPS 15305 b
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 Property Tax Code is amended by changing
Section 18-185 as follows:
(35 ILCS 200/18-185)
Sec. 18-185. Short title; definitions. This Division 5
may be cited as the Property Tax Extension Limitation Law. As
used in this Division 5:
"Consumer Price Index" means the Consumer Price Index for
All Urban Consumers for all items published by the United
States Department of Labor.
"Extension limitation" means (a) the lesser of 5% or the
percentage increase in the Consumer Price Index during the
12-month calendar year preceding the levy year or (b) the rate
of increase approved by voters under Section 18-205.
"Affected county" means a county of 3,000,000 or more
inhabitants or a county contiguous to a county of 3,000,000 or
more inhabitants.
"Taxing district" has the same meaning provided in Section
1-150, except as otherwise provided in this Section. For the
1991 through 1994 levy years only, "taxing district" includes
only each non-home rule taxing district having the majority of

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

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

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

district and those special purpose extensions that are made
annually for the taxing district, excluding special purpose
extensions: (a) made for the taxing district to pay interest
or principal on general obligation bonds that were approved by
referendum; (b) made for any taxing district to pay interest
or principal on general obligation bonds issued before March
1, 1995; (c) made for any taxing district to pay interest or
principal on bonds issued to refund or continue to refund
those bonds issued before March 1, 1995; (d) made for any
taxing district to pay interest or principal on bonds issued
to refund or continue to refund bonds issued after March 1,
1995 that were approved by referendum; (e) made for any taxing
district to pay interest or principal on revenue bonds issued
before March 1, 1995 for payment of which a property tax levy
or the full faith and credit of the unit of local government is
pledged; however, a tax for the payment of interest or
principal on those bonds shall be made only after the
governing body of the unit of local government finds that all
other sources for payment are insufficient to make those
payments; (f) made for payments under a building commission
lease when the lease payments are for the retirement of bonds
issued by the commission before March 1, 1995 to pay for the
building project; (g) made for payments due under installment
contracts entered into before March 1, 1995; (h) made for
payments of principal and interest on bonds issued under the
Metropolitan Water Reclamation District Act to finance

construction projects initiated before October 1, 1991; (h-4)
made for stormwater management purposes by the Metropolitan
Water Reclamation District of Greater Chicago under Section 12
of the Metropolitan Water Reclamation District Act; (i) made
for payments of principal and interest on limited bonds, as
defined in Section 3 of the Local Government Debt Reform Act,
in an amount not to exceed the debt service extension base less
the amount in items (b), (c), and (e) of this definition for
non-referendum obligations, except obligations initially
issued pursuant to referendum and bonds described in
subsection (h) of this definition; (j) made for payments of
principal and interest on bonds issued under Section 15 of the
Local Government Debt Reform Act; (k) made for payments of
principal and interest on bonds authorized by Public Act
88-503 and issued under Section 20a of the Chicago Park
District Act for aquarium or museum projects and bonds issued
under Section 20a of the Chicago Park District Act for the
purpose of making contributions to the pension fund
established under Article 12 of the Illinois Pension Code; (l)
made for payments of principal and interest on bonds
authorized by Public Act 87-1191 or 93-601 and (i) issued
pursuant to Section 21.2 of the Cook County Forest Preserve
District Act, (ii) issued under Section 42 of the Cook County
Forest Preserve District Act for zoological park projects, or
(iii) issued under Section 44.1 of the Cook County Forest
Preserve District Act for botanical gardens projects; (m) made

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

issued before the date on which the referendum making this Law
applicable to the taxing district is held; (c) made for any
taxing district to pay interest or principal on bonds issued
to refund or continue to refund those bonds issued before the
date on which the referendum making this Law applicable to the
taxing district is held; (d) made for any taxing district to
pay interest or principal on bonds issued to refund or
continue to refund bonds issued after the date on which the
referendum making this Law applicable to the taxing district
is held if the bonds were approved by referendum after the date
on which the referendum making this Law applicable to the
taxing district is held; (e) made for any taxing district to
pay interest or principal on revenue bonds issued before the
date on which the referendum making this Law applicable to the
taxing district is held for payment of which a property tax
levy or the full faith and credit of the unit of local
government is pledged; however, a tax for the payment of
interest or principal on those bonds shall be made only after
the governing body of the unit of local government finds that
all other sources for payment are insufficient to make those
payments; (f) made for payments under a building commission
lease when the lease payments are for the retirement of bonds
issued by the commission before the date on which the
referendum making this Law applicable to the taxing district
is held to pay for the building project; (g) made for payments
due under installment contracts entered into before the date

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

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

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

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

constituting an extension for payment of principal and
interest on bonds issued by the park district without
referendum (but not including excluded non-referendum bonds).
A debt service extension base established or increased at any
time pursuant to any provision of this Law, except Section
18-212, shall be increased each year commencing with the later
of (i) the 2009 levy year or (ii) the first levy year in which
this Law becomes applicable to the taxing district, by the
lesser of 5% or the percentage increase in the Consumer Price
Index during the 12-month calendar year preceding the levy
year. The debt service extension base may be established or
increased as provided under Section 18-212. "Excluded
non-referendum bonds" means (i) bonds authorized by Public Act
88-503 and issued under Section 20a of the Chicago Park
District Act for aquarium and museum projects; (ii) bonds
issued under Section 15 of the Local Government Debt Reform
Act; or (iii) refunding obligations issued to refund or to
continue to refund obligations initially issued pursuant to
referendum.
"Special purpose extensions" include, but are not limited
to, extensions for levies made on an annual basis for
unemployment and workers' compensation, self-insurance,
contributions to pension plans, and extensions made pursuant
to Section 6-601 of the Illinois Highway Code for a road
district's permanent road fund whether levied annually or not.
The extension for a special service area is not included in the

aggregate extension.
"Aggregate extension base" means the taxing district's
last preceding aggregate extension as adjusted under Sections
18-135, 18-215, 18-230, and 18-206. An adjustment under
Section 18-135 shall be made for the 2007 levy year and all
subsequent levy years whenever one or more counties within
which a taxing district is located (i) used estimated
valuations or rates when extending taxes in the taxing
district for the last preceding levy year that resulted in the
over or under extension of taxes, or (ii) increased or
decreased the tax extension for the last preceding levy year
as required by Section 18-135(c). Whenever an adjustment is
required under Section 18-135, the aggregate extension base of
the taxing district shall be equal to the amount that the
aggregate extension of the taxing district would have been for
the last preceding levy year if either or both (i) actual,
rather than estimated, valuations or rates had been used to
calculate the extension of taxes for the last levy year, or
(ii) the tax extension for the last preceding levy year had not
been adjusted as required by subsection (c) of Section 18-135.
Notwithstanding any other provision of law, for levy year
2012, the aggregate extension base for West Northfield School
District No. 31 in Cook County shall be $12,654,592.
"Levy year" has the same meaning as "year" under Section
1-155.
"New property" means (i) the assessed value, after final

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

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

shall be increased if a municipality terminated the
designation of an area in 1993 as a redevelopment project area
previously established under the Tax Increment Allocation
Redevelopment Development Act in the Illinois Municipal Code,
previously established under the Industrial Jobs Recovery Law
in the Illinois Municipal Code, or previously established
under the Economic Development Area Tax Increment Allocation
Act, by an amount equal to the 1994 equalized assessed value of
each taxable lot, block, tract, or parcel of real property in
the redevelopment project area over and above the initial
equalized assessed value of each property in the redevelopment
project area. In the first year after a municipality removes a
taxable lot, block, tract, or parcel of real property from a
redevelopment project area established under the Tax Increment
Allocation Redevelopment Development Act in the Illinois
Municipal Code, the Industrial Jobs Recovery Law in the
Illinois Municipal Code, or the Economic Development Area Tax
Increment Allocation Act, "recovered tax increment value"
means the amount of the current year's equalized assessed
value of each taxable lot, block, tract, or parcel of real
property removed from the redevelopment project area over and
above the initial equalized assessed value of that real
property before removal from the redevelopment project area.
Except as otherwise provided in this Section, "limiting
rate" means a fraction the numerator of which is the last
preceding aggregate extension base times an amount equal to

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

voters; this rate shall be the final rate applied by the county
clerk for the aggregate of all capped funds of the district for
tax year 2012.
(Source: P.A. 99-143, eff. 7-27-15; 99-521, eff. 6-1-17;
100-465, eff. 8-31-17; revised 8-12-19.)
Section 10. The Chicago Park District Act is amended by
changing Section 20a as follows:
(70 ILCS 1505/20a) (from Ch. 105, par. 333.20a)
Sec. 20a. Bonds; issuance; interest. Notwithstanding
anything to the contrary in Section 20 of this Act, the Chicago
Park District is authorized to issue from time to time bonds of
such district in the principal amount of $84,000,000 for the
purpose of paying the cost of erecting, enlarging,
ornamenting, building, rebuilding, rehabilitating and
improving any aquarium or any museum or museums of art,
industry, science or natural or other history located within
any public park or parks under the control of the Chicago Park
District, without submitting the question of issuing such
bonds to the voters of the District.
Notwithstanding anything to the contrary in Section 20 of
this Act, and in addition to any other amount of bonds
authorized to be issued under this Act, the Chicago Park
District is authorized to issue from time to time, before
January 1, 2004, bonds of the district in the principal amount

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

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

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

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

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

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

(6) In Section 22-207, "wages or salary received by
him at the date of retirement or discharge".
(b-5) Beginning on January 1, 2011, for all purposes under
this Code (including without limitation the calculation of
benefits and employee contributions), the annual earnings,
salary, or wages (based on the plan year) of a member or
participant to whom this Section applies shall not exceed
$106,800; however, that amount shall annually thereafter be
increased by the lesser of (i) 3% of that amount, including all
previous adjustments, or (ii) one-half the annual unadjusted
percentage increase (but not less than zero) in the consumer
price index-u for the 12 months ending with the September
preceding each November 1, including all previous adjustments.
For the purposes of this Section, "consumer price index-u"
means the index published by the Bureau of Labor Statistics of
the United States Department of Labor that measures the
average change in prices of goods and services purchased by
all urban consumers, United States city average, all items,
1982-84 = 100. The new amount resulting from each annual
adjustment shall be determined by the Public Pension Division
of the Department of Insurance and made available to the
boards of the retirement systems and pension funds by November
1 of each year.
(c) A member or participant is entitled to a retirement
annuity upon written application if he or she has attained age
67 (age 65, with respect to service under Article 12 that is

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

10 years of service credit and is otherwise eligible under the
requirements of Article 8 or Article 11 of this Code,
whichever is applicable.
(d) The retirement annuity of a member or participant who
is retiring after attaining age 62 (age 60, with respect to
service under Article 12 that is subject to this Section, for a
member or participant under Article 12 who first becomes a
member or participant under Article 12 on or after January 1,
2022 or who makes the election under item (i) of subsection
(d-15) of this Section) (beginning January 1, 2015, age 60
with respect to service under Article 12 of this Code that is
subject to this Section) with at least 10 years of service
credit shall be reduced by one-half of 1% for each full month
that the member's age is under age 67 (age 65, with respect to
service under Article 12 that is subject to this Section, for a
member or participant under Article 12 who first becomes a
member or participant under Article 12 on or after January 1,
2022 or who makes the election under item (i) of subsection
(d-15) of this Section) (beginning January 1, 2015, age 65
with respect to service under Article 12 of this Code that is
subject to this Section).
(d-5) The retirement annuity payable under Article 8 or
Article 11 to an eligible person subject to subsection (c-5)
of this Section who is retiring at age 60 with at least 10
years of service credit shall be reduced by one-half of 1% for
each full month that the member's age is under age 65.

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

election within the time specified in this subsection shall be
deemed to have made the election under item (ii).
(d-15) Each person who first becomes a member or
participant under Article 12 on or after January 1, 2011 and
prior to January 1, 2022 shall make an irrevocable election
either:
(i) to be eligible for the reduced retirement age
specified in subsections (c) and (d) of this Section, the
eligibility for which is conditioned upon the member or
participant agreeing to the increase in employee
contributions for service annuities specified in
subsection (b) of Section 12-150; or
(ii) to not agree to item (i) of this subsection
(d-15), in which case the member or participant shall not
be eligible for the reduced retirement age specified in
subsections (c) and (d) of this Section and shall not be
subject to the increase in employee contributions for
service annuities specified in subsection (b) of Section
12-150.
The election provided for in this subsection shall be made
between January 1, 2022 and April 1, 2022. A person subject to
this subsection who makes the required election shall remain
bound by that election. A person subject to this subsection
who fails for any reason to make the required election within
the time specified in this subsection shall be deemed to have
made the election under item (ii).

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

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

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

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

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

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

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

the month of January or the month of July, whichever first
occurs next following or coincidental with the first
anniversary of retirement. Effective January 1, 1972, the
annual rate of increase in annuity thereafter shall be 2% of
the basic retirement annuity, provided that beginning as of
January 1, 1976, the annual rate of increase shall be 3% of the
basic retirement annuity.
(b-1) Notwithstanding subsection (b), all automatic annual
increases payable under this Section on or after January 1,
2015 shall be calculated at 3% or one-half the annual
unadjusted percentage increase (but not less than 0) in the
Consumer Price Index-U for the 12 months ending with the
September preceding each November 1, whichever is less, of the
originally granted retirement annuity.
For the purposes of this Article, "Consumer Price Index-U"
means the index published by the Bureau of Labor Statistics of
the United States Department of Labor that measures the
average change in prices of goods and services purchased by
all urban consumers, United States city average, all items,
1982-84 = 100. The new amount resulting from each annual
adjustment shall be determined by the Public Pension Division
of the Department of Insurance.
Notwithstanding Section 1-103.1, this subsection (b-1) is
applicable without regard to whether the employee was in
active service on or after the effective date of this
amendatory Act of the 98th General Assembly. This subsection

(b-1) is also applicable to any former employee who on or after
the effective date of this amendatory Act of the 98th General
Assembly is receiving a retirement annuity pursuant to the
provisions of this Section.
(b-2) Notwithstanding any other provision of this Article,
no automatic annual increase in retirement annuity payable
under this Section shall be granted to any person by the Fund
in 2015, 2017, and 2019 under this Article or under Section
1-160 of this Code as it applies to this Article. In the years
2016, 2018, 2020, and thereafter, the Fund shall continue to
pay amounts accruing from automatic annual increases in the
manner provided by this Code.
Notwithstanding Section 1-103.1, this subsection (b-2) is
applicable without regard to whether the employee was in
active service on or after the effective date of this
amendatory Act of the 98th General Assembly. This subsection
(b-2) is also applicable to any former employee who on or after
the effective date of this amendatory Act of the 98th General
Assembly is receiving a retirement annuity pursuant to the
provisions of this Article.
(c) For an employee who retires with less than 30 years of
service, the increase in the basic retirement annuity shall
begin not earlier than in the month of January or the month of
July, whichever occurs first, following or coincidental with
the employee's attainment of age 60.
For Subject to the provisions of subsection (b-2), for an

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

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

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

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

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

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

through the year 2019 2013, an amount equal to 1.10 times the
employee contributions during the fiscal year 2-years prior to
the year for which the applicable tax is levied. Beginning in
levy year 2020, and in each year thereafter, the levy shall not
exceed the amount of the Park District's total required
contribution to the Fund for the next payment year, as
determined under this subsection. Beginning payment year 2021,
the Park District's required annual contribution shall be as
follows: For the year 2014, this calculation shall be 1.10
times the amount of employee contributions during the 12-month
fiscal year ending June 30, 2012; and for the year 2015, this
calculation shall be 1.70 times the amount of employee
contributions during the 12-month fiscal year ending December
31, 2013. For the year 2016, this calculation shall be an
amount equal to 1.70 times; for the years 2017 and 2018, this
calculation shall be an amount equal to 2.30 times; and for the
year 2019 and each year thereafter, until the Fund attains a
funded ratio of at least 90% with the funded ratio being the
ratio of the actuarial value of assets to the total actuarial
liability, this calculation shall be an amount equal to 2.90
times the employee contributions during the fiscal year 2
years prior to the year for which the applicable tax is levied.
Beginning in the fiscal year in which the Fund attains a
funding ratio of at least 90%, the contribution shall be the
lesser of (1) 2.90 times the employee contributions during the
fiscal year 2 years prior to the year for which the applicable

tax is levied, or (2) the amount needed to maintain a funded
ratio of 90%.
For payment year 2021, the Park District's required annual
contribution to the Fund shall be one-fourth of the amount, as
determined by an actuary retained by the Fund, equal to the sum
of (i) the Park District's portion of the projected normal
cost for that fiscal year, plus (ii) an amount determined by an
actuary retained by the Fund, using a 35-year period starting
on December 31, 2020 with the entry age normal actuarial cost
method, that is sufficient to bring the total actuarial assets
of the Fund up to 100% of the total actuarial accrued
liabilities of the Fund by the end of 2055.
For payment year 2022, the Park District's required annual
contribution to the Fund shall be one-half of the amount, as
determined by an actuary retained by the Fund, equal to the sum
of (i) the Park District's portion of the projected normal
cost for that fiscal year, plus (ii) an amount determined by an
actuary retained by the Fund, using a 35-year period starting
on December 31, 2021 with the entry age normal actuarial cost
method, that is sufficient to bring the total actuarial assets
of the Fund up to 100% of the total actuarial accrued
liabilities of the Fund by the end of 2056.
For payment year 2023, the Park District's required annual
contribution to the Fund shall be three-fourths of the amount,
as determined by an actuary retained by the Fund, equal to the
sum of (i) the Park District's portion of the projected normal

cost for that fiscal year, plus (ii) an amount determined by an
actuary retained by the Fund, using a 35-year period starting
on December 31, 2022 with the entry age normal actuarial cost
method, that is sufficient to bring the total actuarial assets
of the Fund up to 100% of the total actuarial accrued
liabilities of the Fund by the end of 2057.
For payment years 2024 through 2058, the Park District's
required annual contribution to the Fund shall be the amount,
as determined by an actuary retained by the Fund, equal to the
sum of (i) the Park District's portion of the projected normal
cost for that fiscal year, plus (ii) an amount determined by an
actuary retained by the Fund, using a 35-year period starting
on December 31, 2023 with the entry age normal actuarial cost
method, that is sufficient to bring the total actuarial assets
of the Fund up to 100% of the total actuarial accrued
liabilities of the Fund by the end of 2058.
For payment year 2059 and each year thereafter, the Park
District's required annual contribution to the Fund shall be
the amount, as determined by an actuary retained by the Fund,
if any, needed to bring the total actuarial assets of the Fund
up to 100% of the total actuarial accrued liabilities of the
Fund, using the entry age normal actuarial cost method, as of
the end of the year.
In making determinations under this subsection, any
actuarial gains or losses from investment returns that differ
from the expected investment returns incurred in a fiscal year

shall be recognized in equal annual amounts over the 5-year
period following the fiscal year.
As used in this Section, "payment year" means the year
immediately following the levy year.
(b) In addition to the contributions required under the
other provisions of this Article, no later than November 1,
2021 the employer shall contribute $40,000,000 to the Fund.
The additional employer contributions required under this
subsection (b) are intended to decrease the unfunded liability
of the Fund and shall not decrease the amount of the employer
contributions required under the other provisions of this
Article. The additional employer contributions made under this
subsection (b) may be used by the Fund for any of its lawful
purposes. In addition to the contributions required under the
other provisions of this Article, by November 1 of the
following specified years, the employer shall contribute to
the Fund the following specified amounts: $12,500,000 in 2015;
$12,500,000 in 2016; and $50,000,000 in 2019. The additional
employer contributions required under this subsection (a) are
intended to decrease the unfunded liability of the Fund and
shall not decrease the amount of the employer contributions
required under the other provisions of this Article. The
additional employer contributions made under this subsection
(a) may be used by the Fund for any of its lawful purposes.
(c) (b) As used in this Section, the term "employee
contributions" means contributions by employees for retirement

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

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

Sec. 12-150. Contributions by employees for service
annuity.
(a) From each payment of salary to a present employee
beginning August 4, 1961, and prior to September 1, 1971,
there shall be deducted as contributions for service annuity
6% of such payment. Beginning September 1, 1971, the deduction
shall be 6 1/2% of salary. Beginning January 1, 2015, the
deduction shall be 8% of salary. Beginning January 1, 2017,
the deduction shall be 9% of salary. Beginning January 1,
2019, the deduction shall be 10% of salary. These
contributions shall continue until the amounts thus deducted
will provide an accumulation, at regular interest, at least
equal to the amount that would be provided on such date from
employee contributions, assuming regular interest to such
date, if such employee had been contributing in accordance
with the provisions of "The 1919 Act" and this Article from the
beginning of his service and the salary of the employee during
his prior service was the same as it was on July 1, 1919, or on
July 1, 1937 in the case of an employee of the board.
(b) From each payment of salary to a future entrant
beginning August 4, 1961, and prior to September 1, 1971,
there shall be deducted as contributions for service annuity
6% of such payment. Beginning September 1, 1971, the deduction
shall be 6 1/2% of salary. Beginning January 1, 1990, the
deduction shall be 7% of salary, except that the deduction
shall be 9% of salary for a person who first becomes an

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

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

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

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

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

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