2023 Illinois Compiled Statutes › Chapter 30 - FINANCE › 30 ILCS 122/ - Budget Stabilization Act.

(30 ILCS 122/1)
Sec. 1. Short title.  This Act may be cited as the
Budget Stabilization Act.
(Source: P.A. 93-660, eff. 7-1-04.)
(30 ILCS 122/5)
Sec. 5. Budget Stabilization Fund.  The Budget
Stabilization Fund is a special fund in the State treasury
established for the purpose of reducing the need for future
tax increases, maintaining the highest possible bond rating,
reducing the need for short term borrowing, providing
available resources to meet State obligations whenever casual
deficits or failures in revenue occur, and providing the
means of addressing budgetary shortfalls. In authorizing
transfers from the Budget Stabilization Fund, whenever
possible, priority consideration should be given to meeting
obligations for secondary and elementary education, child
care, and other programs that may provide a direct benefit to
children.
(Source: P.A. 93-660, eff. 7-1-04.)
(30 ILCS 122/10)
Sec. 10. Budget limitations.
(a) Except as provided in subsection (b-5), in addition to Section 50-5 of the State Budget Law
of the Civil Administrative Code of Illinois, the General
Assembly's appropriations and transfers or diversions as required by
law from general funds shall not exceed
99%

of the estimated general funds revenues for the fiscal
year when revenue estimates of the State's general funds
revenues exceed the prior fiscal year's estimated general
funds revenues by more than 4%.
(b) Except as provided in subsection (b-5), the General Assembly's appropriations and transfers or
diversions as required by law from general
funds shall not exceed 98% of the estimated general funds
revenues for the fiscal year when revenue estimates of the
State's general funds revenues exceed the prior fiscal year's
estimated general funds revenues by more than 4% for 2 or
more consecutive fiscal years.
(b-5) The limitations on appropriations and transfers or diversions set forth under subsections (a) and (b) do not apply for State fiscal year 2008.
(c) For the purpose of this Act, "estimated general funds revenues"
include, for each budget year, all taxes, fees, and other revenues
expected to be deposited into the State's general funds, including
recurring transfers from other State funds into the general funds.
Year-over-year comparisons used to determine the percentage growth
factor of estimated general funds revenues shall exclude the sum of the
following: (i) expected revenues resulting from new taxes or fees or
from tax or fee increases during the first year of the change, (ii)
expected revenues resulting from one-time receipts or non-recurring
transfers in, (iii) expected proceeds resulting from borrowing, and
(iv) increases in federal grants that must be completely appropriated
based on the terms of the grants.
(Source: P.A. 94-839, eff. 6-6-06; 95-707, eff. 1-11-08.)
(30 ILCS 122/15)
Sec. 15. Transfers to Budget Stabilization Fund.
In furtherance of the State's objective for the Budget Stabilization
Fund to have resources representing 7.5% of the State's annual general
funds revenues:
(a) For each fiscal year when the General Assembly's
appropriations and transfers or diversions as required by law
from general funds do not exceed 99% of the
estimated general funds revenues pursuant to subsection (a)
of Section 10, the Comptroller shall transfer from the
General Revenue Fund as provided by this Section a total
amount equal to 0.5% of the estimated general funds revenues
to the Budget Stabilization Fund.
(b) For each fiscal year when the General Assembly's
appropriations and transfers or diversions as required by law
from general funds do not exceed 98% of the
estimated general funds revenues pursuant to subsection (b)
of Section 10, the Comptroller shall transfer from the
General Revenue Fund as provided by this Section a total
amount equal to 1% of the estimated general funds revenues to
the Budget Stabilization Fund.
(c) The Comptroller shall transfer 1/12 of the total
amount to be transferred each fiscal year under this Section
into the Budget Stabilization Fund on the first day of each
month of that fiscal year or as soon thereafter as possible.
The balance of the Budget Stabilization Fund shall not exceed 7.5%
 of the total of general funds revenues estimated for that
fiscal year except as provided by subsection (d) of this Section.
(d) If the balance of the Budget Stabilization Fund
exceeds 7.5% of the total general funds revenues estimated for that
fiscal year, the additional transfers are not required unless there are
outstanding liabilities under Section 25 of the State Finance Act from prior
fiscal years. If there are such outstanding Section 25 liabilities, then the
Comptroller shall continue to transfer 1/12 of the total amount identified
for transfer to the Budget Stabilization Fund on the first day of each month
of that fiscal year or as soon thereafter as possible to be reserved for
those Section 25 liabilities. Nothing in this Act prohibits the General
Assembly from appropriating additional moneys into the Budget Stabilization
Fund.
(e) On or before August 31 of each fiscal year, the amount
determined to be transferred to the Budget Stabilization Fund shall be
reconciled to actual general funds revenues for that fiscal year. The
final transfer for each fiscal year shall be adjusted so that the
total amount transferred under this Section is equal to the percentage specified in subsection
(a) or (b) of this Section, as applicable, based on actual
general funds revenues calculated consistently with subsection (c) of
Section 10 of this Act for each fiscal year.
(f) For the fiscal year beginning July 1, 2006 and for each fiscal
year thereafter, the budget proposal to the General Assembly shall identify
liabilities incurred in a
prior fiscal year under Section 25 of the State Finance Act and the budget
proposal shall provide
funding as allowable pursuant to subsection (d) of this Section, if
applicable.
(Source: P.A. 102-1115, eff. 1-9-23.)
(30 ILCS 122/20)
(Text of Section WITH the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 20. Pension Stabilization Fund.
(a) The Pension Stabilization Fund is hereby created as a special fund in the State treasury. Moneys in the fund shall be used for the sole purpose of making payments to the designated  retirement systems as provided in Section 25.
(b) For each fiscal year through State fiscal year 2014, when the General Assembly's
appropriations and transfers or diversions as required by law
from general funds do not exceed 99% of the
estimated general funds revenues pursuant to subsection (a)
of Section 10, the Comptroller shall transfer from the
General Revenue Fund as provided by this Section a total
amount equal to 0.5% of the estimated general funds revenues
to the Pension Stabilization Fund.
(c) For each fiscal year through State fiscal year 2014, when the General Assembly's
appropriations and transfers or diversions as required by law
from general funds do not exceed 98% of the
estimated general funds revenues pursuant to subsection (b)
of Section 10, the Comptroller shall transfer from the
General Revenue Fund as provided by this Section a total
amount equal to 1.0% of the estimated general funds revenues
to the Pension Stabilization Fund.
(c-5)  In addition to any other amounts required to be transferred under this Section, in State fiscal year 2016 and each fiscal year thereafter through State fiscal year 2045,  or when each of the designated retirement systems, as
defined in Section 25, has achieved 100% funding, whichever occurs
first,  the State Comptroller shall order transferred and the State Treasurer shall transfer from the General Revenue Fund to the Pension Stabilization Fund an amount  equal to 10% of (1) the sum of the amounts certified by the designated retirement systems under subsection (a-5) of Section 2-134, subsection (a-10) of Section 14-135.08, subsection (a-10) of Section 15-165, and subsection (a-10) of Section 16-158 of this Code for that fiscal year minus (2) the sum of (i) the transfer required under subsection (c-10) of this Section for that fiscal year and (ii) the sum of the required State contributions certified by the retirement systems under subsection (a) of Section 2-134, subsection (a-5) of Section 14-135.08, subsection (a-5) of Section 15-165, and subsection (a-5) of Section 16-158 of this Code for that fiscal year. The transferred amount is intended to  represent one-tenth of the annual savings to the State resulting from the enactment of this amendatory Act of the 98th General Assembly.
(c-10)  In State fiscal year 2019, the State Comptroller shall order transferred and the State Treasurer shall transfer $364,000,000 from the General Revenue Fund to the Pension Stabilization Fund. In State fiscal year 2020 and each fiscal year thereafter until terminated under subsection (c-15), the State Comptroller shall order transferred and the State Treasurer shall transfer $1,000,000,000 from the General Revenue Fund to the Pension Stabilization Fund.
(c-15)  The transfers made beginning in State fiscal year 2020  pursuant to subsection (c-10) of
this Section shall terminate at the end of State fiscal year
2045 or when each of the designated retirement systems, as
defined in Section 25, has achieved 100% funding, whichever occurs
first.
(d) The Comptroller shall transfer 1/12 of the total
amount to be transferred each fiscal year under this Section
into the Pension Stabilization Fund on the first day of each
month of that fiscal year or as soon thereafter as possible; except that the final transfer of the fiscal year shall be made as soon as practical after the August 31 following the end of the  fiscal year.
Until State fiscal year 2015, before the final transfer for a fiscal year is made, the Comptroller shall reconcile the estimated general funds revenues used in calculating the other transfers under this Section for that fiscal year with the actual general funds revenues for that fiscal year. The
final transfer for the fiscal year shall be adjusted so that the
total amount transferred under this Section for that fiscal year is equal to the percentage specified in subsection
(b) or (c) of this Section, whichever is applicable, of the actual
general funds revenues for that fiscal year.  The actual general funds revenues for the fiscal year shall be calculated in a manner consistent with subsection (c) of
Section 10 of this Act.
(Source: P.A. 98-599, eff. 6-1-14.)
(Text of Section WITHOUT the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 20. Pension Stabilization Fund.
(a) The Pension Stabilization Fund is hereby created as a special fund in the State treasury. Moneys in the fund shall be used for the sole purpose of making payments to the designated  retirement systems as provided in Section 25.
(b) For each fiscal year when the General Assembly's
appropriations and transfers or diversions as required by law
from general funds do not exceed 99% of the
estimated general funds revenues pursuant to subsection (a)
of Section 10, the Comptroller shall transfer from the
General Revenue Fund as provided by this Section a total
amount equal to 0.5% of the estimated general funds revenues
to the Pension Stabilization Fund.
(c) For each fiscal year when the General Assembly's
appropriations and transfers or diversions as required by law
from general funds do not exceed 98% of the
estimated general funds revenues pursuant to subsection (b)
of Section 10, the Comptroller shall transfer from the
General Revenue Fund as provided by this Section a total
amount equal to 1.0% of the estimated general funds revenues
to the Pension Stabilization Fund.
(d) The Comptroller shall transfer 1/12 of the total
amount to be transferred each fiscal year under this Section
into the Pension Stabilization Fund on the first day of each
month of that fiscal year or as soon thereafter as possible; except that the final transfer of the fiscal year shall be made as soon as practical after the August 31 following the end of the  fiscal year.
Before the final transfer for a fiscal year is made, the Comptroller shall reconcile the estimated general funds revenues used in calculating the other transfers under this Section for that fiscal year with the actual general funds revenues for that fiscal year. The
final transfer for the fiscal year shall be adjusted so that the
total amount transferred under this Section for that fiscal year is equal to the percentage specified in subsection
(b) or (c) of this Section, whichever is applicable, of the actual
general funds revenues for that fiscal year.  The actual general funds revenues for the fiscal year shall be calculated in a manner consistent with subsection (c) of
Section 10 of this Act.
(Source: P.A. 94-839, eff. 6-6-06.)
(30 ILCS 122/25)
(Text of Section WITH the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 25. Transfers from the Pension Stabilization Fund.
(a) As used in this Section, "designated retirement systems" means:
(1) the State Employees' Retirement System of         Illinois;
(2) the Teachers' Retirement System of the State of          Illinois;
(3) the State Universities Retirement System;
(4) the Judges Retirement System of Illinois; and
(5) the General Assembly Retirement System.
(b) As soon as may be practical after any money is deposited into the Pension Stabilization Fund, the State Comptroller shall apportion the deposited  amount among the designated retirement systems and the State Comptroller and State Treasurer shall pay the apportioned amounts to the designated retirement systems.  The amount deposited shall be apportioned among the designated retirement systems in the same proportion as their respective portions of the
total actuarial reserve deficiency of the designated retirement systems, as most
recently determined by the Governor's Office of Management and
Budget. Amounts received by a designated retirement system under this Section shall be used for funding the unfunded liabilities of the retirement system. Payments under this Section are authorized by the continuing appropriation under Section 1.7 of the State Pension Funds Continuing Appropriation Act.
(c) At the request of the State Comptroller, the Governor's Office of Management and Budget shall
determine the individual and total actuarial reserve deficiencies of the
designated retirement systems. For this purpose, the
Governor's Office of Management and Budget shall consider  the
latest available audit and actuarial reports of each of the
retirement systems and the relevant reports and statistics of

the Public Pension Division of the Department of
Insurance.
(d) Payments to the designated retirement systems  under this Section shall be in addition to, and not in lieu of, any State contributions required under Section 2-124, 14-131, 15-155, 16-158, or 18-131 of the Illinois Pension Code.
Payments to the designated retirement systems under this Section received after the effective date of this amendatory Act of the 98th General Assembly, and any investment earnings attributable to such payments, do not reduce and do not constitute payment of any portion of the required State contribution under Article 2, 14, 15, 16, or 18 of the Illinois Pension Code in the current fiscal year. Such amounts shall not reduce, and shall not be included in the calculation of, the required State contribution under Article 2, 14, 15, 16, or 18 of the Illinois Pension Code in any future fiscal year, until the designated retirement system has reached the targeted funding ratio as prescribed by law for that retirement system. Such payments may be invested in the same manner as other assets of the designated retirement system and shall be used in the calculation of the system's funding ratio for the purposes of this Section and Section 20 of this Act. Payments under this Section may be used for any associated administrative costs.
(Source: P.A. 98-599, eff. 6-1-14.)
(Text of Section WITHOUT the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 25. Transfers from the Pension Stabilization Fund.
(a) As used in this Section, "designated retirement systems" means:
(1) the State Employees' Retirement System of         Illinois;
(2) the Teachers' Retirement System of the State of          Illinois;
(3) the State Universities Retirement System;
(4) the Judges Retirement System of Illinois; and
(5) the General Assembly Retirement System.
(b) As soon as may be practical after any money is deposited into the Pension Stabilization Fund, the State Comptroller shall apportion the deposited  amount among the designated retirement systems and the State Comptroller and State Treasurer shall pay the apportioned amounts to the designated retirement systems.  The amount deposited shall be apportioned among the designated retirement systems in the same proportion as their respective portions of the
total actuarial reserve deficiency of the designated retirement systems, as most
recently determined by the Governor's Office of Management and
Budget. Amounts received by a designated retirement system under this Section shall be used for funding the unfunded liabilities of the retirement system. Payments under this Section are authorized by the continuing appropriation under Section 1.7 of the State Pension Funds Continuing Appropriation Act.
(c) At the request of the State Comptroller, the Governor's Office of Management and Budget shall
determine the individual and total actuarial reserve deficiencies of the
designated retirement systems. For this purpose, the
Governor's Office of Management and Budget shall consider  the
latest available audit and actuarial reports of each of the
retirement systems and the relevant reports and statistics of

the Public Pension Division of the Department of
Financial and Professional Regulation.
(d) Payments to the designated retirement systems  under this Section shall be in addition to, and not in lieu of, any State contributions required under Section 2-124, 14-131, 15-155, 16-158, or 18-131 of the Illinois Pension Code.
(Source: P.A. 94-839, eff. 6-6-06.)
(30 ILCS 122/90)
Sec. 90. 
	(Amendatory provisions; text omitted).
(Source: P.A. 93-660, eff. 7-1-04.)
(30 ILCS 122/99)
Sec. 99. Effective date.   This Act takes effect July 1, 2004.
(Source: P.A. 93-660, eff. 7-1-04.)