Bill Text: IL SB1056 | 2021-2022 | 102nd General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Reinserts the provisions of the engrossed bill with the following changes. In provisions amending the State Universities Retirement System Article of the Illinois Pension Code, removes language that changes references to the "optional defined contribution benefit" to "optional defined contribution plan". Amends the State Employees Group Insurance Act of 1971. Deletes language providing that if in any case an error is made in billing a TRS benefit recipient under a provision concerning health benefits for TRS benefit recipients and TRS dependent beneficiaries, the Department shall identify the error and refund the overpaid amount as soon as practicable; and providing that a TRS benefit recipient who has overpaid shall be entitled to a refund of overpayments for up to 7 years of past payments. Provides that if, for any month beginning on or after January 1, 2013, a TRS benefit recipient or TRS dependent beneficiary was enrolled in Medicare Parts A and B and such Medicare coverage was primary to coverage under certain provisions of the Act but payment for that coverage was made at a rate greater than the Medicare primary rate published by the Department of Central Management Services, the TRS benefit recipient or TRS dependent beneficiary shall be eligible for a refund equal to the difference between the amount paid by the TRS benefit recipient or TRS dependent beneficiary and the published Medicare primary rate. Provides that to receive a refund, the TRS benefit recipient or TRS dependent beneficiary must provide documentation to the Department of Central Management Services evidencing the TRS benefit recipient's or TRS dependent beneficiary's Medicare coverage and the amount paid by the TRS benefit recipient or TRS dependent beneficiary during the applicable time period. Certain changes to the Illinois Pension Code and the changes to the State Mandates Act are effective immediately.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2021-07-30 - Public Act . . . . . . . . . 102-0210 [SB1056 Detail]
Download: Illinois-2021-SB1056-Introduced.html
Bill Title: Reinserts the provisions of the engrossed bill with the following changes. In provisions amending the State Universities Retirement System Article of the Illinois Pension Code, removes language that changes references to the "optional defined contribution benefit" to "optional defined contribution plan". Amends the State Employees Group Insurance Act of 1971. Deletes language providing that if in any case an error is made in billing a TRS benefit recipient under a provision concerning health benefits for TRS benefit recipients and TRS dependent beneficiaries, the Department shall identify the error and refund the overpaid amount as soon as practicable; and providing that a TRS benefit recipient who has overpaid shall be entitled to a refund of overpayments for up to 7 years of past payments. Provides that if, for any month beginning on or after January 1, 2013, a TRS benefit recipient or TRS dependent beneficiary was enrolled in Medicare Parts A and B and such Medicare coverage was primary to coverage under certain provisions of the Act but payment for that coverage was made at a rate greater than the Medicare primary rate published by the Department of Central Management Services, the TRS benefit recipient or TRS dependent beneficiary shall be eligible for a refund equal to the difference between the amount paid by the TRS benefit recipient or TRS dependent beneficiary and the published Medicare primary rate. Provides that to receive a refund, the TRS benefit recipient or TRS dependent beneficiary must provide documentation to the Department of Central Management Services evidencing the TRS benefit recipient's or TRS dependent beneficiary's Medicare coverage and the amount paid by the TRS benefit recipient or TRS dependent beneficiary during the applicable time period. Certain changes to the Illinois Pension Code and the changes to the State Mandates Act are effective immediately.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2021-07-30 - Public Act . . . . . . . . . 102-0210 [SB1056 Detail]
Download: Illinois-2021-SB1056-Introduced.html
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1 | AN ACT concerning public employee benefits.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Pension Code is amended by | ||||||||||||||||||||||||
5 | changing Section 14-131 as follows:
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6 | (40 ILCS 5/14-131)
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7 | Sec. 14-131. Contributions by State.
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8 | (a) The
The State shall make contributions to the System | ||||||||||||||||||||||||
9 | by appropriations of
amounts which, together with other | ||||||||||||||||||||||||
10 | employer contributions from trust, federal,
and other funds, | ||||||||||||||||||||||||
11 | employee contributions, investment income, and other income,
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12 | will be sufficient to meet the cost of maintaining and | ||||||||||||||||||||||||
13 | administering the System
on a 90% funded basis in accordance | ||||||||||||||||||||||||
14 | with actuarial recommendations. | ||||||||||||||||||||||||
15 | For the purposes of this Section and Section 14-135.08, | ||||||||||||||||||||||||
16 | references to State
contributions refer only to employer | ||||||||||||||||||||||||
17 | contributions and do not include employee
contributions that | ||||||||||||||||||||||||
18 | are picked up or otherwise paid by the State or a
department on | ||||||||||||||||||||||||
19 | behalf of the employee.
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20 | (b) The Board shall determine the total amount of State | ||||||||||||||||||||||||
21 | contributions
required for each fiscal year on the basis of | ||||||||||||||||||||||||
22 | the actuarial tables and other
assumptions adopted by the | ||||||||||||||||||||||||
23 | Board, using the formula in subsection (e).
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1 | The Board shall also determine a State contribution rate | ||||||
2 | for each fiscal
year, expressed as a percentage of payroll, | ||||||
3 | based on the total required State
contribution for that fiscal | ||||||
4 | year (less the amount received by the System from
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5 | appropriations under Section 8.12 of the State Finance Act and | ||||||
6 | Section 1 of the
State Pension Funds Continuing Appropriation | ||||||
7 | Act, if any, for the fiscal year
ending on the June 30 | ||||||
8 | immediately preceding the applicable November 15
certification | ||||||
9 | deadline), the estimated payroll (including all forms of
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10 | compensation) for personal services rendered by eligible | ||||||
11 | employees, and the
recommendations of the actuary.
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12 | For the purposes of this Section and Section 14.1 of the | ||||||
13 | State Finance Act,
the term "eligible employees" includes | ||||||
14 | employees who participate in the System,
persons who may elect | ||||||
15 | to participate in the System but have not so elected,
persons | ||||||
16 | who are serving a qualifying period that is required for | ||||||
17 | participation,
and annuitants employed by a department as | ||||||
18 | described in subdivision (a)(1) or
(a)(2) of Section 14-111.
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19 | (c) Contributions shall be made by the several departments | ||||||
20 | for each pay
period by warrants drawn by the State Comptroller | ||||||
21 | against their respective
funds or appropriations based upon | ||||||
22 | vouchers stating the amount to be so
contributed. These | ||||||
23 | amounts shall be based on the full rate certified by the
Board | ||||||
24 | under Section 14-135.08 for that fiscal year.
From March 5, | ||||||
25 | 2004 (the effective date of Public Act 93-665) through the | ||||||
26 | payment of the final payroll from fiscal year 2004
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1 | appropriations, the several departments shall not make | ||||||
2 | contributions
for the remainder of fiscal year 2004 but shall | ||||||
3 | instead make payments
as required under subsection (a-1) of | ||||||
4 | Section 14.1 of the State Finance Act.
The several departments | ||||||
5 | shall resume those contributions at the commencement of
fiscal | ||||||
6 | year 2005.
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7 | (c-1) Notwithstanding subsection (c) of this Section, for | ||||||
8 | fiscal years 2010, 2012, and each fiscal year thereafter, | ||||||
9 | contributions by the several departments are not required to | ||||||
10 | be made for General Revenue Funds payrolls processed by the | ||||||
11 | Comptroller. Payrolls paid by the several departments from all | ||||||
12 | other State funds must continue to be processed pursuant to | ||||||
13 | subsection (c) of this Section. | ||||||
14 | (c-2) For State fiscal years 2010, 2012, and each fiscal | ||||||
15 | year thereafter, on or as soon as possible after the 15th day | ||||||
16 | of each month, the Board shall submit vouchers for payment of | ||||||
17 | State contributions to the System, in a total monthly amount | ||||||
18 | of one-twelfth of the fiscal year General Revenue Fund | ||||||
19 | contribution as certified by the System pursuant to Section | ||||||
20 | 14-135.08 of the Illinois Pension Code. | ||||||
21 | (d) If an employee is paid from trust funds or federal | ||||||
22 | funds, the
department or other employer shall pay employer | ||||||
23 | contributions from those funds
to the System at the certified | ||||||
24 | rate, unless the terms of the trust or the
federal-State | ||||||
25 | agreement preclude the use of the funds for that purpose, in
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26 | which case the required employer contributions shall be paid |
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1 | by the State.
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2 | (e) For State fiscal years 2012 through 2045, the minimum | ||||||
3 | contribution
to the System to be made by the State for each | ||||||
4 | fiscal year shall be an amount
determined by the System to be | ||||||
5 | sufficient to bring the total assets of the
System up to 90% of | ||||||
6 | the total actuarial liabilities of the System by the end
of | ||||||
7 | State fiscal year 2045. In making these determinations, the | ||||||
8 | required State
contribution shall be calculated each year as a | ||||||
9 | level percentage of payroll
over the years remaining to and | ||||||
10 | including fiscal year 2045 and shall be
determined under the | ||||||
11 | projected unit credit actuarial cost method.
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12 | A change in an actuarial or investment assumption that | ||||||
13 | increases or
decreases the required State contribution and | ||||||
14 | first
applies in State fiscal year 2018 or thereafter shall be
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15 | implemented in equal annual amounts over a 5-year period
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16 | beginning in the State fiscal year in which the actuarial
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17 | change first applies to the required State contribution. | ||||||
18 | A change in an actuarial or investment assumption that | ||||||
19 | increases or
decreases the required State contribution and | ||||||
20 | first
applied to the State contribution in fiscal year 2014, | ||||||
21 | 2015, 2016, or 2017 shall be
implemented: | ||||||
22 | (i) as already applied in State fiscal years before | ||||||
23 | 2018; and | ||||||
24 | (ii) in the portion of the 5-year period beginning in | ||||||
25 | the State fiscal year in which the actuarial
change first | ||||||
26 | applied that occurs in State fiscal year 2018 or |
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1 | thereafter, by calculating the change in equal annual | ||||||
2 | amounts over that 5-year period and then implementing it | ||||||
3 | at the resulting annual rate in each of the remaining | ||||||
4 | fiscal years in that 5-year period. | ||||||
5 | For State fiscal years 1996 through 2005, the State | ||||||
6 | contribution to
the System, as a percentage of the applicable | ||||||
7 | employee payroll, shall be
increased in equal annual | ||||||
8 | increments so that by State fiscal year 2011, the
State is | ||||||
9 | contributing at the rate required under this Section; except | ||||||
10 | that
(i) for State fiscal year 1998, for all purposes of this | ||||||
11 | Code and any other
law of this State, the certified percentage | ||||||
12 | of the applicable employee payroll
shall be 5.052% for | ||||||
13 | employees earning eligible creditable service under Section
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14 | 14-110 and 6.500% for all other employees, notwithstanding any | ||||||
15 | contrary
certification made under Section 14-135.08 before | ||||||
16 | July 7, 1997 (the effective date of Public Act 90-65), and (ii)
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17 | in the following specified State fiscal years, the State | ||||||
18 | contribution to
the System shall not be less than the | ||||||
19 | following indicated percentages of the
applicable employee | ||||||
20 | payroll, even if the indicated percentage will produce a
State | ||||||
21 | contribution in excess of the amount otherwise required under | ||||||
22 | this
subsection and subsection (a):
9.8% in FY 1999;
10.0% in | ||||||
23 | FY 2000;
10.2% in FY 2001;
10.4% in FY 2002;
10.6% in FY 2003; | ||||||
24 | and
10.8% in FY 2004.
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25 | Beginning in State fiscal year 2046, the minimum State | ||||||
26 | contribution for
each fiscal year shall be the amount needed |
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1 | to maintain the total assets of
the System at 90% of the total | ||||||
2 | actuarial liabilities of the System.
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3 | Amounts received by the System pursuant to Section 25 of | ||||||
4 | the Budget Stabilization Act or Section 8.12 of the State | ||||||
5 | Finance Act in any fiscal year do not reduce and do not | ||||||
6 | constitute payment of any portion of the minimum State | ||||||
7 | contribution required under this Article in that fiscal year. | ||||||
8 | Such amounts shall not reduce, and shall not be included in the | ||||||
9 | calculation of, the required State contributions under this | ||||||
10 | Article in any future year until the System has reached a | ||||||
11 | funding ratio of at least 90%. A reference in this Article to | ||||||
12 | the "required State contribution" or any substantially similar | ||||||
13 | term does not include or apply to any amounts payable to the | ||||||
14 | System under Section 25 of the Budget Stabilization Act.
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15 | Notwithstanding any other provision of this Section, the | ||||||
16 | required State
contribution for State fiscal year 2005 and for | ||||||
17 | fiscal year 2008 and each fiscal year thereafter, as
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18 | calculated under this Section and
certified under Section | ||||||
19 | 14-135.08, shall not exceed an amount equal to (i) the
amount | ||||||
20 | of the required State contribution that would have been | ||||||
21 | calculated under
this Section for that fiscal year if the | ||||||
22 | System had not received any payments
under subsection (d) of | ||||||
23 | Section 7.2 of the General Obligation Bond Act, minus
(ii) the | ||||||
24 | portion of the State's total debt service payments for that | ||||||
25 | fiscal
year on the bonds issued in fiscal year 2003 for the | ||||||
26 | purposes of that Section 7.2, as determined
and certified by |
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1 | the Comptroller, that is the same as the System's portion of
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2 | the total moneys distributed under subsection (d) of Section | ||||||
3 | 7.2 of the General
Obligation Bond Act.
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4 | (f) (Blank).
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5 | (g) For purposes of determining the required State | ||||||
6 | contribution to the System, the value of the System's assets | ||||||
7 | shall be equal to the actuarial value of the System's assets, | ||||||
8 | which shall be calculated as follows: | ||||||
9 | As of June 30, 2008, the actuarial value of the System's | ||||||
10 | assets shall be equal to the market value of the assets as of | ||||||
11 | that date. In determining the actuarial value of the System's | ||||||
12 | assets for fiscal years after June 30, 2008, any actuarial | ||||||
13 | gains or losses from investment return incurred in a fiscal | ||||||
14 | year shall be recognized in equal annual amounts over the | ||||||
15 | 5-year period following that fiscal year. | ||||||
16 | (h) For purposes of determining the required State | ||||||
17 | contribution to the System for a particular year, the | ||||||
18 | actuarial value of assets shall be assumed to earn a rate of | ||||||
19 | return equal to the System's actuarially assumed rate of | ||||||
20 | return. | ||||||
21 | (i) (Blank). | ||||||
22 | (j) (Blank). | ||||||
23 | (k) For fiscal year 2012 and each fiscal year thereafter, | ||||||
24 | after the submission of all payments for eligible employees | ||||||
25 | from personal services line items paid from the General | ||||||
26 | Revenue Fund in the fiscal year have been made, the |
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1 | Comptroller shall provide to the System a certification of the | ||||||
2 | sum of all expenditures in the fiscal year for personal | ||||||
3 | services. Upon receipt of the certification, the System shall | ||||||
4 | determine the amount due to the System based on the full rate | ||||||
5 | certified by the Board under Section 14-135.08 for the fiscal | ||||||
6 | year in order to meet the State's obligation under this | ||||||
7 | Section. The System shall compare this amount due to the | ||||||
8 | amount received by the System for the fiscal year. If the | ||||||
9 | amount due is more than the amount received, the difference | ||||||
10 | shall be termed the "Prior Fiscal Year Shortfall" for purposes | ||||||
11 | of this Section, and the Prior Fiscal Year Shortfall shall be | ||||||
12 | satisfied under Section 1.2 of the State Pension Funds | ||||||
13 | Continuing Appropriation Act. If the amount due is less than | ||||||
14 | the amount received, the difference shall be termed the "Prior | ||||||
15 | Fiscal Year Overpayment" for purposes of this Section, and the | ||||||
16 | Prior Fiscal Year Overpayment shall be repaid by the System to | ||||||
17 | the General Revenue Fund as soon as practicable after the | ||||||
18 | certification. | ||||||
19 | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; | ||||||
20 | 101-10, eff. 6-5-19.)
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