Bill Text: IL SB3720 | 2011-2012 | 97th General Assembly | Introduced
Bill Title: Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Illinois Pension Code. Provides for the Philip J. Rock Center and School to participate in the Fund as a participating instrumentality. Includes provisions relating to prior service and inability to pay the required employer contributions. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [SB3720 Detail]
Download: Illinois-2011-SB3720-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 changing | ||||||||||||||||||||||||||
5 | Section 7-132 as follows:
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6 | (40 ILCS 5/7-132)
(from Ch. 108 1/2, par. 7-132)
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7 | Sec. 7-132. Municipalities, instrumentalities and | ||||||||||||||||||||||||||
8 | participating
instrumentalities included and effective dates.
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9 | (A) Municipalities and their instrumentalities.
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10 | (a) The following described municipalities, but not | ||||||||||||||||||||||||||
11 | including any with
more than 1,000,000 inhabitants, and the | ||||||||||||||||||||||||||
12 | instrumentalities thereof,
shall be included within and be | ||||||||||||||||||||||||||
13 | subject to this Article beginning upon the
effective dates | ||||||||||||||||||||||||||
14 | specified by the Board:
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15 | (1) Except as to the municipalities and | ||||||||||||||||||||||||||
16 | instrumentalities thereof
specifically excluded under this | ||||||||||||||||||||||||||
17 | Article, every county shall be subject to
this Article, and | ||||||||||||||||||||||||||
18 | all cities, villages and incorporated towns having a
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19 | population in excess of 5,000 inhabitants as determined by | ||||||||||||||||||||||||||
20 | the last
preceding decennial or subsequent federal census, | ||||||||||||||||||||||||||
21 | shall be subject to this
Article following publication of | ||||||||||||||||||||||||||
22 | the census by the Bureau of the Census.
Within 90 days |
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1 | after publication of the census, the Board shall notify
any | ||||||
2 | municipality that has become subject to this Article as a | ||||||
3 | result of
that census, and shall provide information to the | ||||||
4 | corporate authorities of
the municipality explaining the | ||||||
5 | duties and consequences of participation.
The notification | ||||||
6 | shall also include a proposed date upon which
participation | ||||||
7 | by the municipality will commence.
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8 | However, for any city, village or incorporated town | ||||||
9 | that attains a
population over 5,000 inhabitants after | ||||||
10 | having provided social security
coverage for its employees | ||||||
11 | under the Social Security Enabling Act,
participation | ||||||
12 | under this Article shall not be mandatory but may be | ||||||
13 | elected
in accordance with subparagraph (3) or (4) of this | ||||||
14 | paragraph (a), whichever
is applicable.
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15 | (2) School districts, other than those specifically
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16 | excluded under this Article, shall be subject to this | ||||||
17 | Article, without
election, with respect to all employees | ||||||
18 | thereof.
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19 | (3) Towns and all other bodies politic and corporate | ||||||
20 | which
are formed by vote of, or are subject to control by, | ||||||
21 | the electors in towns
and are located in towns which are | ||||||
22 | not participating municipalities on the
effective date of | ||||||
23 | this Act, may become subject to this Article by
election | ||||||
24 | pursuant to Section 7-132.1.
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25 | (4) Any other municipality (together with its | ||||||
26 | instrumentalities),
other than those specifically excluded |
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1 | from participation and those
described in paragraph (3) | ||||||
2 | above, may elect to be included either by
referendum under | ||||||
3 | Section 7-134 or by the adoption of a resolution or
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4 | ordinance by its governing body. A copy of such resolution | ||||||
5 | or ordinance
duly authenticated and certified by the clerk | ||||||
6 | of the municipality or other
appropriate official of its | ||||||
7 | governing body shall constitute the required
notice to the | ||||||
8 | board of such action.
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9 | (b) A municipality that is about to begin participation | ||||||
10 | shall submit to
the Board an application to participate, in a | ||||||
11 | form acceptable to the Board,
not later than 90 days prior to | ||||||
12 | the proposed effective date of
participation. The Board shall | ||||||
13 | act upon the application within 90 days,
and if it finds that | ||||||
14 | the application is in conformity with its requirements
and the | ||||||
15 | requirements of this Article, participation by the applicant | ||||||
16 | shall
commence on a date acceptable to the municipality and | ||||||
17 | specified by the
Board, but in no event more than one year from | ||||||
18 | the date of application.
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19 | (c) A participating municipality which succeeds to the | ||||||
20 | functions
of a participating municipality which is dissolved or | ||||||
21 | terminates its
existence shall assume and be transferred the | ||||||
22 | net accumulation balance
in the municipality reserve and the | ||||||
23 | municipality account receivable
balance of the terminated | ||||||
24 | municipality.
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25 | (d) In the case of a Veterans Assistance Commission whose | ||||||
26 | employees
were being treated by the Fund on January 1, 1990 as |
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1 | employees of the
county served by the Commission, the Fund may | ||||||
2 | continue to treat the
employees of the Veterans Assistance | ||||||
3 | Commission as county employees for
the purposes of this | ||||||
4 | Article, unless the Commission becomes a participating
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5 | instrumentality in accordance with subsection (B) of this | ||||||
6 | Section.
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7 | (B) Participating instrumentalities.
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8 | (a) The participating instrumentalities designated in
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9 | paragraph (b) of this subsection shall be included within
and | ||||||
10 | be subject to this Article if:
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11 | (1) an application to participate, in a form acceptable | ||||||
12 | to
the Board and adopted by a two-thirds vote of the | ||||||
13 | governing body, is
presented to the Board not later than 90 | ||||||
14 | days prior to the proposed
effective date; and
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15 | (2) the Board finds that the application is in
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16 | conformity with its requirements, that the applicant has | ||||||
17 | reasonable
expectation to continue as a political entity | ||||||
18 | for a period of at least
10 years and has the prospective | ||||||
19 | financial capacity to meet its
current and future | ||||||
20 | obligations to the Fund, and that the actuarial
soundness | ||||||
21 | of the Fund may be reasonably expected to be unimpaired by
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22 | approval of participation by the applicant.
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23 | The Board shall notify the applicant of its findings within | ||||||
24 | 90 days
after receiving the application, and if the
Board | ||||||
25 | approves the application, participation by the applicant shall
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1 | commence on the effective date specified by the Board.
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2 | (b) The following participating instrumentalities, so long | ||||||
3 | as
they meet the requirements of Section 7-108 and the area | ||||||
4 | served by them
or within their jurisdiction is not located | ||||||
5 | entirely within a municipality
having more than one million | ||||||
6 | inhabitants, may be included hereunder:
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7 | i. Township School District Trustees.
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8 | ii. Multiple County and Consolidated Health | ||||||
9 | Departments created
under Division 5-25 of the Counties | ||||||
10 | Code or its predecessor law.
| ||||||
11 | iii. Public Building Commissions created under the | ||||||
12 | Public Building
Commission Act, and located in counties of | ||||||
13 | less
than 1,000,000 inhabitants.
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14 | iv. A multitype, consolidated or cooperative
library | ||||||
15 | system created under the Illinois Library System Act. Any
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16 | library system created under the Illinois Library System | ||||||
17 | Act that has one
or more predecessors that participated in | ||||||
18 | the Fund may participate in the
Fund upon application. The | ||||||
19 | Board shall establish procedures for
implementing the | ||||||
20 | transfer of rights and obligations from the predecessor
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21 | system to the successor system.
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22 | v. Regional Planning Commissions created under | ||||||
23 | Division 5-14 of the
Counties Code or its predecessor law.
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24 | vi. Local Public Housing Authorities created under the | ||||||
25 | Housing
Authorities Act, located in counties of less than | ||||||
26 | 1,000,000 inhabitants.
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1 | vii. Illinois Municipal League.
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2 | viii. Northeastern Illinois Metropolitan Area Planning | ||||||
3 | Commission.
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4 | ix. Southwestern Illinois Metropolitan Area Planning | ||||||
5 | Commission.
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6 | x. Illinois Association of Park Districts.
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7 | xi. Illinois Supervisors, County Commissioners and | ||||||
8 | Superintendents
of Highways Association.
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9 | xii. Tri-City Regional Port District.
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10 | xiii. An association, or not-for-profit corporation, | ||||||
11 | membership in
which is authorized under Section 85-15 of | ||||||
12 | the Township Code.
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13 | xiv. Drainage Districts operating under the Illinois | ||||||
14 | Drainage
Code.
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15 | xv. Local mass transit districts created under the | ||||||
16 | Local Mass
Transit District Act.
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17 | xvi. Soil and water conservation districts created | ||||||
18 | under the Soil
and Water Conservation Districts Law.
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19 | xvii. Commissions created to provide water supply or | ||||||
20 | sewer services
or both under Division 135 or Division 136 | ||||||
21 | of Article 11 of the Illinois
Municipal Code.
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22 | xviii. Public water districts created under the Public | ||||||
23 | Water
District Act.
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24 | xix. Veterans Assistance Commissions established under | ||||||
25 | Section
9 of the Military Veterans Assistance Act that
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26 | serve counties with a population of less than 1,000,000.
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1 | xx. The governing body of an entity, other than a | ||||||
2 | vocational education
cooperative, created under an | ||||||
3 | intergovernmental cooperative agreement
established | ||||||
4 | between participating municipalities under the
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5 | Intergovernmental Cooperation Act, which by the terms of | ||||||
6 | the agreement is
the employer of the persons performing | ||||||
7 | services under the agreement under
the usual common law | ||||||
8 | rules determining the employer-employee relationship.
The | ||||||
9 | governing body of such an intergovernmental cooperative | ||||||
10 | entity
established prior to July 1, 1988 may make | ||||||
11 | participation retroactive to the
effective date of the | ||||||
12 | agreement and, if so, the effective date of
participation | ||||||
13 | shall be the date the required application is filed with | ||||||
14 | the
fund. If any such entity is unable to pay the required | ||||||
15 | employer
contributions to the fund, then the participating | ||||||
16 | municipalities shall make
payment of the required | ||||||
17 | contributions and the payments shall be allocated
as | ||||||
18 | provided in the agreement or, if not so provided, equally | ||||||
19 | among them.
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20 | xxi. The Illinois Municipal Electric Agency.
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21 | xxii. The Waukegan Port District.
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22 | xxiii. The Fox Waterway Agency created under the Fox | ||||||
23 | Waterway Agency
Act.
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24 | xxiv. The Illinois Municipal Gas Agency.
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25 | xxv. The Kaskaskia Regional Port District.
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26 | xxvi. The Southwestern Illinois Development Authority.
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1 | xxvii. The Cairo Public Utility Company.
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2 | xxviii. Except with respect to employees who elect to | ||||||
3 | participate in the State Employees' Retirement System of | ||||||
4 | Illinois under Section 14-104.13 of this Code, the Chicago | ||||||
5 | Metropolitan Agency for Planning created under the | ||||||
6 | Regional Planning Act, provided that, with respect to the | ||||||
7 | benefits payable pursuant to Sections 7-146, 7-150, and | ||||||
8 | 7-164 and the requirement that eligibility for such | ||||||
9 | benefits is conditional upon satisfying a minimum period of | ||||||
10 | service or a minimum contribution, any employee of the | ||||||
11 | Chicago Metropolitan Agency for Planning that was | ||||||
12 | immediately prior to such employment an employee of the | ||||||
13 | Chicago Area Transportation Study or the Northeastern | ||||||
14 | Illinois Planning Commission, such employee's service at | ||||||
15 | the Chicago Area Transportation Study or the Northeastern | ||||||
16 | Illinois Planning Commission and contributions to the | ||||||
17 | State Employees' Retirement System of Illinois established | ||||||
18 | under Article 14 and the Illinois Municipal Retirement Fund | ||||||
19 | shall count towards the satisfaction of such requirements.
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20 | xxix. United Counties Council (formerly the Urban | ||||||
21 | Counties Council), but only if the Council has a ruling | ||||||
22 | from the United States Internal Revenue Service that it is | ||||||
23 | a governmental entity.
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24 | xxx. The Will County Governmental League, but only if | ||||||
25 | the League has a ruling from the United States Internal | ||||||
26 | Revenue Service that it is a governmental entity. |
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1 | (c) The governing boards of special education joint | ||||||
2 | agreements
created under Section 10-22.31 of the School Code | ||||||
3 | without designation of an
administrative district shall be | ||||||
4 | included within and be subject to this
Article as participating | ||||||
5 | instrumentalities when the joint agreement becomes
effective. | ||||||
6 | However, the governing board of any such special education
| ||||||
7 | joint agreement in effect before September 5, 1975 shall not be | ||||||
8 | subject to this
Article unless the joint agreement is modified | ||||||
9 | by the school districts to
provide that the governing board is | ||||||
10 | subject to this Article, except as
otherwise provided by this | ||||||
11 | Section.
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12 | The governing board of the Special Education District of | ||||||
13 | Lake County shall
become subject to this Article as a | ||||||
14 | participating instrumentality on July 1,
1997. Notwithstanding | ||||||
15 | subdivision (a)1 of Section 7-139, on the effective date
of | ||||||
16 | participation, employees of the governing board of the Special | ||||||
17 | Education
District of Lake County shall receive creditable | ||||||
18 | service for their prior
service with that employer, up to a | ||||||
19 | maximum of 5 years, without any employee
contribution. | ||||||
20 | Employees may establish creditable service for the remainder
of | ||||||
21 | their prior service with that employer, if any, by applying in | ||||||
22 | writing and
paying an employee contribution in an amount | ||||||
23 | determined by the Fund, based on
the employee contribution | ||||||
24 | rates in effect at the time of application for the
creditable | ||||||
25 | service and the employee's salary rate on the effective date of
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26 | participation for that employer, plus interest at the effective |
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1 | rate from the
date of the prior service to the date of payment. | ||||||
2 | Application for this
creditable service must be made before | ||||||
3 | July 1, 1998; the payment may be made
at any time while the | ||||||
4 | employee is still in service. The employer may elect to
make | ||||||
5 | the required contribution on behalf of the employee.
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6 | The governing board of a special education joint agreement | ||||||
7 | created
under Section 10-22.31 of the School Code for which an | ||||||
8 | administrative
district has been designated, if there are | ||||||
9 | employees of the cooperative
educational entity who are not | ||||||
10 | employees of the administrative district,
may elect to | ||||||
11 | participate in the Fund and be included within this Article as
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12 | a participating instrumentality, subject to such application | ||||||
13 | procedures and
rules as the Board may prescribe.
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14 | The Boards of Control of cooperative or joint educational | ||||||
15 | programs or
projects created and administered under Section | ||||||
16 | 3-15.14 of the School
Code, whether or not the Boards act as | ||||||
17 | their own administrative district,
shall be included within and | ||||||
18 | be subject to this Article as participating
instrumentalities | ||||||
19 | when the agreement establishing the cooperative or joint
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20 | educational program or project becomes effective.
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21 | The governing board of a special education joint agreement | ||||||
22 | entered into
after June 30, 1984 and prior to September 17, | ||||||
23 | 1985 which provides for
representation on the governing board | ||||||
24 | by less than all the participating
districts shall be included | ||||||
25 | within and subject to this Article as a
participating | ||||||
26 | instrumentality. Such participation shall be effective as of
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1 | the date the joint agreement becomes effective.
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2 | The governing boards of educational service centers | ||||||
3 | established under
Section 2-3.62 of the School Code shall be | ||||||
4 | included within and subject to
this Article as participating | ||||||
5 | instrumentalities. The governing boards of
vocational | ||||||
6 | education cooperative agreements created under the
| ||||||
7 | Intergovernmental Cooperation Act and approved by the State | ||||||
8 | Board of
Education shall be included within and be subject to | ||||||
9 | this
Article as participating instrumentalities. If any such | ||||||
10 | governing boards
or boards of control are unable to pay the | ||||||
11 | required employer contributions
to the fund, then the school | ||||||
12 | districts served by such boards shall make
payment of required | ||||||
13 | contributions as provided in Section 7-172. The
payments shall | ||||||
14 | be allocated among the several school districts in
proportion | ||||||
15 | to the number of students in average daily attendance for the
| ||||||
16 | last full school year for each district in relation to the | ||||||
17 | total number of
students in average attendance for such period | ||||||
18 | for all districts served.
If such educational service centers, | ||||||
19 | vocational education cooperatives or
cooperative or joint | ||||||
20 | educational programs or projects created and
administered | ||||||
21 | under Section 3-15.14 of the School Code are dissolved, the
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22 | assets and obligations shall be distributed among the districts | ||||||
23 | in the
same proportions unless otherwise provided.
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24 | The governing board of Paris Cooperative High School shall | ||||||
25 | be included within and be subject to this
Article as a | ||||||
26 | participating instrumentality on the effective date of this |
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1 | amendatory Act of the 96th General Assembly. If the governing | ||||||
2 | board of Paris Cooperative High School is unable to pay the | ||||||
3 | required employer contributions
to the fund, then the school | ||||||
4 | districts served shall make
payment of required contributions | ||||||
5 | as provided in Section 7-172. The
payments shall be allocated | ||||||
6 | among the several school districts in
proportion to the number | ||||||
7 | of students in average daily attendance for the
last full | ||||||
8 | school year for each district in relation to the total number | ||||||
9 | of
students in average attendance for such period for all | ||||||
10 | districts served.
If Paris Cooperative High School is | ||||||
11 | dissolved, then the
assets and obligations shall be distributed | ||||||
12 | among the districts in the
same proportions unless otherwise | ||||||
13 | provided. | ||||||
14 | The Philip J. Rock Center and School shall be included | ||||||
15 | within and be subject to this Article as a participating | ||||||
16 | instrumentality on the effective date of this amendatory Act of | ||||||
17 | the 97th General Assembly. The Philip J. Rock Center and School | ||||||
18 | shall certify to the Fund the dates of service of all employees | ||||||
19 | within 90 days of the effective date of this amendatory Act of | ||||||
20 | the 97th General Assembly. The Fund shall transfer to the IMRF | ||||||
21 | account of the Philip J. Rock Center and School all creditable | ||||||
22 | service and all employer contributions made on behalf of the | ||||||
23 | employees for service at the Philip J. Rock Center and School | ||||||
24 | that were reported and paid to IMRF by another employer prior | ||||||
25 | to this date. If the Philip J. Rock Center and School is unable | ||||||
26 | to pay the required employer contributions to the Fund, then |
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1 | the amount due will be paid by all employers as defined in item | ||||||
2 | (2) of paragraph (a) of subsection (A) of this Section. The | ||||||
3 | payments shall be allocated among these employers in proportion | ||||||
4 | to the number of students in average daily attendance for the | ||||||
5 | last full school year for each district in relation to the | ||||||
6 | total number of students in average attendance for such period | ||||||
7 | for all districts. If the Philip J. Rock Center and School is | ||||||
8 | dissolved, then its IMRF assets and obligations shall be | ||||||
9 | distributed in the same proportions unless otherwise provided. | ||||||
10 | Financial Oversight Panels established under Article 1H of | ||||||
11 | the School Code shall be included within and be subject to this | ||||||
12 | Article as a participating instrumentality on the effective | ||||||
13 | date of this amendatory Act of the 97th General Assembly. If | ||||||
14 | the Financial Oversight Panel is unable to pay the required | ||||||
15 | employer contributions to the fund, then the school districts | ||||||
16 | served shall make payment of required contributions as provided | ||||||
17 | in Section 7-172. If the Financial Oversight Panel is | ||||||
18 | dissolved, then the assets and obligations shall be distributed | ||||||
19 | to the district served. | ||||||
20 | (d) The governing boards of special recreation joint | ||||||
21 | agreements
created under Section 8-10b of the Park District | ||||||
22 | Code, operating
without
designation of an administrative | ||||||
23 | district or an administrative
municipality appointed to | ||||||
24 | administer the program operating under the
authority of such | ||||||
25 | joint agreement shall be included within and be
subject to this | ||||||
26 | Article as participating instrumentalities when the
joint |
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1 | agreement becomes effective. However, the governing board of | ||||||
2 | any
such special recreation joint agreement in effect before | ||||||
3 | January 1,
1980 shall not be subject to this Article unless the | ||||||
4 | joint agreement is
modified, by the districts and | ||||||
5 | municipalities which are parties to the
agreement, to provide | ||||||
6 | that the governing board is subject to this Article.
| ||||||
7 | If the Board returns any employer and employee | ||||||
8 | contributions to any
employer which erroneously submitted such | ||||||
9 | contributions on behalf of a
special recreation joint | ||||||
10 | agreement, the Board shall include interest
computed from the | ||||||
11 | end of each year to the date of payment, not compounded,
at the | ||||||
12 | rate of 7% per annum.
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13 | (e) Each multi-township assessment district, the board of
| ||||||
14 | trustees of which has adopted this Article by ordinance prior | ||||||
15 | to April 1,
1982, shall be a participating instrumentality | ||||||
16 | included within and subject
to this Article effective December | ||||||
17 | 1, 1981. The contributions required
under Section 7-172 shall | ||||||
18 | be included in the budget prepared under and
allocated in | ||||||
19 | accordance with Section 2-30 of the Property Tax Code.
| ||||||
20 | (f) The Illinois Medical District Commission created under | ||||||
21 | the Illinois Medical District Act may be included within and | ||||||
22 | subject to
this Article as a participating instrumentality, | ||||||
23 | notwithstanding that the location of the District is entirely | ||||||
24 | within the City of Chicago. To become a participating | ||||||
25 | instrumentality, the Commission must apply to the Board in the | ||||||
26 | manner set forth in paragraph (a) of this subsection (B). If |
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1 | the
Board approves the application, under the criteria and | ||||||
2 | procedures set forth in paragraph (a) and any other applicable | ||||||
3 | rules, criteria, and procedures of the Board, participation by | ||||||
4 | the Commission shall
commence on the effective date specified | ||||||
5 | by the Board.
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6 | (C) Prospective participants. | ||||||
7 | Beginning January 1, 1992, each prospective participating
| ||||||
8 | municipality or participating instrumentality shall pay to the | ||||||
9 | Fund the
cost, as determined by the Board, of a study prepared | ||||||
10 | by the Fund or its
actuary, detailing the prospective costs of | ||||||
11 | participation in the Fund to be
expected by the municipality or | ||||||
12 | instrumentality.
| ||||||
13 | (Source: P.A. 96-211, eff. 8-10-09; 96-551, eff. 8-17-09; | ||||||
14 | 96-1000, eff. 7-2-10; 96-1046, eff. 7-14-10; 97-429, eff. | ||||||
15 | 8-16-11.)
| ||||||
16 | Section 90. The State Mandates Act is amended by adding | ||||||
17 | Section 8.36 as follows:
| ||||||
18 | (30 ILCS 805/8.36 new) | ||||||
19 | Sec. 8.36. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
20 | of this Act, no reimbursement by the State is required for the | ||||||
21 | implementation of any mandate created by this amendatory Act of | ||||||
22 | the 97th General Assembly.
| ||||||
23 | Section 99. Effective date. This Act takes effect upon |
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| |||||||
1 | becoming law.
|