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| 96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010SB1530
  Introduced 2/18/2009, by Sen. Iris Y. Martinez  SYNOPSIS AS INTRODUCED: 
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40 ILCS 5/5-168 | 
  from Ch. 108 1/2, par. 5-168 | 
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    Amends the Chicago Police Article of the Illinois Pension Code to increase
the multiplier used to calculate the maximum allowable pension tax, from
2.00 to 3.00.  Effective immediately.
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|  | PENSION IMPACT NOTE ACT MAY APPLY |  |  |  |  |  
|    A BILL FOR |    | 
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|  |  | SB1530 |  | LRB096 06183 AMC 16265 b |  | 
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| 1 |  |     AN ACT in relation to public employee benefits. 
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| 2 |  |     Be it enacted by the People of the State of Illinois,  | 
| 3 |  | represented in the General Assembly: 
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| 4 |  |     Section 5. The Illinois Pension Code is amended by changing  | 
| 5 |  | Section 5-168
as follows:
 
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| 6 |  |     (40 ILCS 5/5-168)
  (from Ch. 108 1/2, par. 5-168)
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| 7 |  |     Sec. 5-168. Financing. 
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| 8 |  |     (a) Except as expressly provided in this Section, the city  | 
| 9 |  | shall levy a
tax annually upon all taxable property therein for  | 
| 10 |  | the purpose of providing
revenue for the fund.
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| 11 |  |     The tax shall be at a rate that will produce a sum which,  | 
| 12 |  | when added to the
amounts deducted from the policemen's  | 
| 13 |  | salaries and the amounts deposited in
accordance with  | 
| 14 |  | subsection (g), is sufficient for the purposes of the fund.
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| 15 |  |     For the years 1968 and 1969, the city council shall levy a  | 
| 16 |  | tax
annually at a rate on the dollar of the assessed
valuation  | 
| 17 |  | of all taxable property that will produce, when extended, not
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| 18 |  | to exceed $9,700,000.  Beginning with the year 1970 and each  | 
| 19 |  | year
thereafter the city council shall levy a tax annually at a  | 
| 20 |  | rate on the
dollar of the assessed valuation of all taxable  | 
| 21 |  | property that will
produce when extended an amount not to  | 
| 22 |  | exceed the total amount of
contributions by the policemen to  | 
| 23 |  | the Fund made in the calendar year 2
years before the year for  | 
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| 1 |  | which the applicable annual tax is levied,
multiplied by 1.40  | 
| 2 |  | for the tax levy year 1970; by 1.50 for the year
1971; by 1.65  | 
| 3 |  | for 1972; by 1.85 for 1973; by 1.90 for 1974; by 1.97 for
1975  | 
| 4 |  | through 1981; by 2.00 for 1982 through 2009; and by 3.00 for  | 
| 5 |  | 2010 and each year thereafter.
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| 6 |  |     (b) The tax shall be levied and collected in like manner  | 
| 7 |  | with the
general taxes of the city, and is in addition to all  | 
| 8 |  | other taxes which the
city is now or may hereafter be  | 
| 9 |  | authorized to levy upon all taxable property
therein, and is  | 
| 10 |  | exclusive of and in addition to the amount of tax the city is
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| 11 |  | now or may hereafter be authorized to levy for general purposes  | 
| 12 |  | under any
law which may limit the amount of tax which the city  | 
| 13 |  | may levy for general
purposes.  The county clerk of the county  | 
| 14 |  | in which the city is located, in
reducing tax levies under  | 
| 15 |  | Section 8-3-1 of the Illinois
Municipal Code, shall not  | 
| 16 |  | consider the tax herein authorized as a part
of the general tax  | 
| 17 |  | levy for city purposes, and shall not include the tax
in any  | 
| 18 |  | limitation of the percent of the assessed valuation upon which
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| 19 |  | taxes are required to be extended for the city.
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| 20 |  |     (c) On or before January 10 of each year, the board shall  | 
| 21 |  | notify the
city council of the requirement that the tax herein  | 
| 22 |  | authorized be levied by
the city council for that current year.   | 
| 23 |  | The board shall compute the
amounts necessary for the purposes  | 
| 24 |  | of this fund to be credited to the
reserves established and  | 
| 25 |  | maintained within the fund; shall make an
annual determination  | 
| 26 |  | of the amount of the required city contributions;
and shall  | 
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| 1 |  | certify the results thereof to the city council.
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| 2 |  |     As soon as any revenue derived from the tax is collected it  | 
| 3 |  | shall be
paid to the city treasurer of the city and shall be  | 
| 4 |  | held by him for the
benefit of the fund in accordance with this  | 
| 5 |  | Article.
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| 6 |  |     (d) If the funds available are insufficient during any year  | 
| 7 |  | to meet the
requirements of this Article, the city may issue  | 
| 8 |  | tax anticipation warrants
against the tax levy for the current  | 
| 9 |  | fiscal year.
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| 10 |  |     (e) The various sums, including interest, to be contributed  | 
| 11 |  | by the city,
shall be taken from the revenue derived from such  | 
| 12 |  | tax or otherwise as expressly
provided in this Section.  Any  | 
| 13 |  | moneys of the city derived from any source other
than the tax  | 
| 14 |  | herein authorized shall not be used for any purpose of the fund
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| 15 |  | nor the cost of administration thereof, unless applied to make  | 
| 16 |  | the deposit
expressly authorized in this Section
or the  | 
| 17 |  | additional city contributions required under subsection (h).
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| 18 |  |     (f) If it is not possible or practicable for the city to  | 
| 19 |  | make its
contributions at the time that salary deductions are  | 
| 20 |  | made, the city
shall make such contributions as soon as  | 
| 21 |  | possible thereafter, with
interest thereon to the time it is  | 
| 22 |  | made.
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| 23 |  |     (g) In lieu of levying all or a portion of the tax required  | 
| 24 |  | under this
Section in any year, the city may deposit with the  | 
| 25 |  | city treasurer no later than
March 1 of that year for the  | 
| 26 |  | benefit of the fund, to be held in accordance with
this  | 
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| 1 |  | Article, an amount that, together with the taxes levied under  | 
| 2 |  | this Section
for that year, is not less than the amount of the  | 
| 3 |  | city contributions for that
year as certified by the board to  | 
| 4 |  | the city council.  The deposit may be derived
from any source  | 
| 5 |  | legally available for that purpose, including, but not limited
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| 6 |  | to, the proceeds of city borrowings.  The making of a deposit  | 
| 7 |  | shall satisfy
fully the requirements of this Section for that  | 
| 8 |  | year to the extent of the
amounts so deposited.  Amounts  | 
| 9 |  | deposited under this subsection may be used by
the fund for any  | 
| 10 |  | of the purposes for which the proceeds of the tax levied under
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| 11 |  | this Section may be used, including the payment of any amount  | 
| 12 |  | that is otherwise
required by this Article to be paid from the  | 
| 13 |  | proceeds of that tax.
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| 14 |  |     (h) In addition to the contributions required under the  | 
| 15 |  | other provisions
of this Article, by November 1 of the  | 
| 16 |  | following specified years, the city shall
deposit with the city  | 
| 17 |  | treasurer for the benefit of the fund, to be held and
used in  | 
| 18 |  | accordance with this Article, the following specified amounts:
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| 19 |  | $6,300,000 in 1999;
$5,880,000 in 2000;
$5,460,000 in 2001;
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| 20 |  | $5,040,000 in 2002; and
$4,620,000 in 2003.
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| 21 |  |     The additional city contributions required under this  | 
| 22 |  | subsection are
intended to decrease the unfunded liability of  | 
| 23 |  | the fund and shall not decrease
the amount of the city  | 
| 24 |  | contributions required under the other provisions of
this  | 
| 25 |  | Article.  The additional city contributions made under this  | 
| 26 |  | subsection
may be used by the fund for any of its lawful  |