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|  |  | SB0493 Engrossed |  | LRB095 05366 AMC 25453 b |  | 
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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 6-165 as follows:
 
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| 6 |  |     (40 ILCS 5/6-165)
  (from Ch. 108 1/2, par. 6-165)
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| 7 |  |     Sec. 6-165. Financing; tax. 
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| 8 |  |     (a) Except as expressly provided in this
Section, each city  | 
| 9 |  | shall levy a tax annually upon all
taxable property therein for  | 
| 10 |  | the purpose of providing revenue for the
fund.  For the years  | 
| 11 |  | prior to the year 1960, the tax rate shall be as
provided for  | 
| 12 |  | in the "Firemen's Annuity and Benefit Fund of the Illinois
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| 13 |  | Municipal Code".  The tax, from and after January 1, 1968 to and
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| 14 |  | including the year 1971, shall not exceed .0863% of the value,  | 
| 15 |  | as
equalized or assessed by the Department of Revenue, of
all  | 
| 16 |  | taxable property in the city.  Beginning with the year 1972 and  | 
| 17 |  | each
year thereafter the city shall levy a tax annually at a  | 
| 18 |  | rate on the
dollar of the value, as equalized or assessed by  | 
| 19 |  | the Department of Revenue
of all taxable property within such  | 
| 20 |  | city that will
produce, when extended, not to exceed an amount  | 
| 21 |  | equal to the total
amount of contributions by the employees to  | 
| 22 |  | the fund made in the
calendar year 2 years prior to the year  | 
| 23 |  | for which the annual applicable
tax is levied, multiplied by  | 
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| 1 |  | 2.23 through the calendar year 1981, and by
2.26 for the year  | 
| 2 |  | 1982 and for each year thereafter.
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| 3 |  |     To provide revenue for the ordinary death benefit  | 
| 4 |  | established by
Section 6-150 of this Article, in addition to  | 
| 5 |  | the contributions by the firemen
for this purpose, the city  | 
| 6 |  | council shall for the
year 1962 and each year thereafter  | 
| 7 |  | annually levy a tax, which shall be
in addition to and  | 
| 8 |  | exclusive of the taxes authorized to be levied under
the  | 
| 9 |  | foregoing provisions of this Section, upon all taxable property  | 
| 10 |  | in
the city, as equalized or assessed by the Department of  | 
| 11 |  | Revenue, at such
rate per cent of the value of such property as  | 
| 12 |  | shall be
sufficient to produce for each year the sum of  | 
| 13 |  | $142,000.
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| 14 |  |     The amounts produced by the taxes levied annually, together  | 
| 15 |  | with the
deposit expressly authorized in this Section, shall be
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| 16 |  | sufficient, when added to the amounts deducted from the  | 
| 17 |  | salaries of
firemen and applied to the fund, to provide for the  | 
| 18 |  | purposes of the
fund.
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| 19 |  |     (b) The taxes shall be levied and collected in like manner  | 
| 20 |  | with the
general taxes of the city, and shall be in addition to  | 
| 21 |  | all other taxes
which the city may levy upon all taxable  | 
| 22 |  | property therein and shall be
exclusive of and in addition to  | 
| 23 |  | the amount of tax the city may levy for
general purposes under  | 
| 24 |  | Section 8-3-1 of the Illinois Municipal Code,
approved May 29,  | 
| 25 |  | 1961, as amended, or under any other law or laws which
may  | 
| 26 |  | limit the amount of tax which the city may levy for general
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| 1 |  | purposes.
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| 2 |  |     (c) The amounts of the taxes to be levied in each year  | 
| 3 |  | shall be
certified to the city council by the board. The board  | 
| 4 |  | shall publish in a newspaper of general circulation the amounts  | 
| 5 |  | certified to the city council under this Section.
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| 6 |  |     (d) As soon as any revenue derived from such taxes is  | 
| 7 |  | collected, it
shall be paid to the city treasurer and held for  | 
| 8 |  | the benefit of the fund, and
all such revenue shall be paid  | 
| 9 |  | into the fund in accordance with the
provisions of this  | 
| 10 |  | Article.
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| 11 |  |     (e) If the funds available are insufficient during any year  | 
| 12 |  | to
meet the requirements of this Article, the city may issue  | 
| 13 |  | tax anticipation
warrants, against the tax levies herein  | 
| 14 |  | authorized for the current
fiscal year.
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| 15 |  |     (f) The various sums, hereinafter stated, including  | 
| 16 |  | interest, to be
contributed by the city, shall be taken from  | 
| 17 |  | the revenue derived from the taxes
or otherwise as expressly  | 
| 18 |  | provided in this Section.  Except for defraying the
cost of  | 
| 19 |  | administration of the fund during the calendar year in which a  | 
| 20 |  | city
first attains a population of 500,000 and comes under the  | 
| 21 |  | provisions of this
Article and the first calendar year  | 
| 22 |  | thereafter, any money of the city derived
from any source other  | 
| 23 |  | than these taxes or the sale of tax anticipation warrants
shall  | 
| 24 |  | not be used to provide revenue for the fund, nor to pay any  | 
| 25 |  | part of the
cost of administration thereof, unless applied to  | 
| 26 |  | make the deposit expressly
authorized in this Section
or the  | 
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|  |  | SB0493 Engrossed | - 4 - | LRB095 05366 AMC 25453 b |  | 
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| 1 |  | additional city contributions required under subsection (h).
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| 2 |  |     (g) In lieu of levying all or a portion of the tax required  | 
| 3 |  | under this
Section in any year, the city may deposit with the  | 
| 4 |  | city treasurer no later than
March 1 of that year for the  | 
| 5 |  | benefit of the fund, to be held in accordance with
this  | 
| 6 |  | Article, an amount that, together with the taxes levied under  | 
| 7 |  | this Section
for that year, is not less than the amount of the  | 
| 8 |  | city contributions for that
year as certified by the board to  | 
| 9 |  | the city council.  The deposit may be derived
from any source  | 
| 10 |  | legally available for that purpose, including, but not limited
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| 11 |  | to, the proceeds of city borrowings.  The making of a deposit  | 
| 12 |  | shall satisfy
fully the requirements of this Section for that  | 
| 13 |  | year to the extent of the
amounts so deposited.  Amounts  | 
| 14 |  | deposited under this subsection may be used
by the fund for any  | 
| 15 |  | of the purposes for which the proceeds of the taxes levied
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| 16 |  | under this Section may be used, including the payment of any  | 
| 17 |  | amount that is
otherwise required by this Article to be paid  | 
| 18 |  | from the proceeds of those
taxes.
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| 19 |  |     (h) In addition to the contributions required under the  | 
| 20 |  | other provisions
of this Article, by November 1 of the  | 
| 21 |  | following specified years, the city shall
deposit with the city  | 
| 22 |  | treasurer for the benefit of the fund, to be held and
used in  | 
| 23 |  | accordance with this Article, the following specified amounts:
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| 24 |  | $6,300,000 in 1999;
$5,880,000 in 2000;
$5,460,000 in 2001;
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| 25 |  | $5,040,000 in 2002; and
$4,620,000 in 2003.
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| 26 |  |     The additional city contributions required under this  | 
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| 1 |  | subsection are
intended to decrease the unfunded liability of  | 
| 2 |  | the fund and shall not decrease
the amount of the city  | 
| 3 |  | contributions required under the other provisions of
this  | 
| 4 |  | Article.  The additional city contributions made under this  | 
| 5 |  | subsection
may be used by the fund for any of its lawful  | 
| 6 |  | purposes.
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| 7 |  | (Source: P.A. 93-654, eff. 1-16-04.)
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| 8 |  |     Section 90. The State Mandates Act is amended by adding  | 
| 9 |  | Section 8.31 as follows:
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| 10 |  |     (30 ILCS 805/8.31 new) | 
| 11 |  |     Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8  | 
| 12 |  | of this Act, no reimbursement by the State is required for the  | 
| 13 |  | implementation of any mandate created by this amendatory Act of  | 
| 14 |  | the 95th General Assembly.
 
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| 15 |  |     Section 99. Effective date. This Act takes effect upon  | 
| 16 |  | becoming law.
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