47
MINUTES Meeting of the Legal & Legislative Committee of the Board of Trustees of the State Universities Retirement System Friday, December 9, 2016, 10:00 a.m. Northern Trust Global Conference Center – 1 st Floor 50 S. LaSalle St., Chicago, IL The following trustees were present: Mr. Tom Cross, Chair; Mr. Aaron Ammons, Mr. Dennis Cullen, Dr. John Engstrom, Dr. J Fred Giertz, Mr. Paul R.T. Johnson Jr., Mr. Craig McCrohon, Ms. Dorinda Miller, Dr. Steven Rock and Mr. Antonio Vasquez. Others present: Mr. Martin Noven, Executive Director; Mr. Andrew Matthews, Chief Operating Officer; Ms. Bianca Green, General Counsel; Mr. Douglas Wesley, Interim Chief Investment Officer; Mr. Steve Hayward, Director of Internal Audit; Ms. Kristin Houch, Legislative Liaison; Ms. Allison Kushner, Compliance and Corporate Governance Officer; Ms. Lori Kern and Ms. Whitney Jones, Executive Assistants; Ms. Mary Pat Burns of Burke, Burns & Pinelli; Ms. Janet Jones and Mr. Steve Zahn of Zahn Governmental Solutions; Ms. Patti Summerville-Koulouris of the Northern Trust Company; Ms. Linda Brookhart of the State Universities Annuitants Association and Ms. Renaye Manley of SEIU. Legal & Legislative Committee roll call attendance was taken. Trustee Cross, present; Trustee Giertz, present; Trustee Johnson, present; Trustee Rock, present; and Trustee Vasquez, present. APPROVAL OF MINUTES Trustee Tom Cross presented the minutes from the Legal and Legislative Committee meeting of September 15, 2016, and Trustee Steven Rock made the following motion: That the minutes from the September 15, 2016 Legal and Legislative Committee meeting be approved, as presented. Trustee Antonio Vasquez seconded and the motion carried with all trustees present voting in favor. CHAIRPERSON’S REPORT Trustee Cross remarked that he did not have a formal Chairperson’s Report.

MINUTES of the Board of Trustees of the - SURS · MINUTES. Meeting of the Legal & Legislative Committee of the Board of Trustees of the. State Universities Retirement System . Friday,

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MINUTES

Meeting of the Legal & Legislative Committee

of the Board of Trustees of the State Universities Retirement System Friday, December 9, 2016, 10:00 a.m.

Northern Trust Global Conference Center – 1st Floor

50 S. LaSalle St., Chicago, IL The following trustees were present: Mr. Tom Cross, Chair; Mr. Aaron Ammons, Mr. Dennis Cullen, Dr. John Engstrom, Dr. J Fred Giertz, Mr. Paul R.T. Johnson Jr., Mr. Craig McCrohon, Ms. Dorinda Miller, Dr. Steven Rock and Mr. Antonio Vasquez. Others present: Mr. Martin Noven, Executive Director; Mr. Andrew Matthews, Chief Operating Officer; Ms. Bianca Green, General Counsel; Mr. Douglas Wesley, Interim Chief Investment Officer; Mr. Steve Hayward, Director of Internal Audit; Ms. Kristin Houch, Legislative Liaison; Ms. Allison Kushner, Compliance and Corporate Governance Officer; Ms. Lori Kern and Ms. Whitney Jones, Executive Assistants; Ms. Mary Pat Burns of Burke, Burns & Pinelli; Ms. Janet Jones and Mr. Steve Zahn of Zahn Governmental Solutions; Ms. Patti Summerville-Koulouris of the Northern Trust Company; Ms. Linda Brookhart of the State Universities Annuitants Association and Ms. Renaye Manley of SEIU. Legal & Legislative Committee roll call attendance was taken. Trustee Cross, present; Trustee Giertz, present; Trustee Johnson, present; Trustee Rock, present; and Trustee Vasquez, present.

APPROVAL OF MINUTES Trustee Tom Cross presented the minutes from the Legal and Legislative Committee meeting of September 15, 2016, and Trustee Steven Rock made the following motion:

That the minutes from the September 15, 2016 Legal and Legislative Committee meeting

be approved, as presented. Trustee Antonio Vasquez seconded and the motion carried with all trustees present voting in favor.

CHAIRPERSON’S REPORT

Trustee Cross remarked that he did not have a formal Chairperson’s Report.

LEGISLATIVE UPDATE

Ms. Kristen Houch presented the following bills that impact SURS members: Senate Bill 1059 (vetoed), House Bill 6602, House Bill 6628, Senate Bill 1751 and Senate Bill 3457. Ms. Houch also presented the current SURS Legislative Platform and Fiduciary Counsel Ms. Mary Patricia Burns elaborated on the principals and proposals as outlined. Discussions regarding these updates and the SURS Legislative Platform continued as Ms. Houch and Mr. Steve Zahn of Zahn Governmental Solutions addressed further questions and concerns raised by the trustees.

A copy of the staff updates titled “Veto Session 2016” as Exhibit 1 and “Legislative Platform” as Exhibit 2; copies of the 2017 Senate and House calendars as Exhibit 3 and Exhibit 4 and a listing of Important Dates for the 2017 Spring Session as Exhibit 5 are incorporated as a part of these minutes.

COGFA SPECIAL PENSION BRIEFING

Ms. Houch highlighted that the Illinois public pension systems are 39.2 percent funded based on actuarial value of assets and 37.6 percent based on the market value of assets. She further noted the ranking of SURS and TRS as the top two funded systems. Ms. Houch highlighted additional items within the report and trustees engaged in additional discussion on this topic.

Trustee Craig McCrohon physically joined the meeting at 10:26 a.m.

A copy of the Commission of Government Forecasting and Accountability’s publication titled “Special Pension Briefing” is incorporated as a part of these minutes as Exhibit 6.

RULEMAKING

Approval of the January 2017 Regulatory Agenda

Ms. Bianca Green presented the draft January 2017 Regulatory Agenda for approval. She noted that SURS is required by law to file a regulatory agenda in January and July each year. The regulatory agenda notifies the public of possible administrative rule changes SURS might seek to make. The regulatory agenda is approved by the board in June and December each year and once approved it must be filed with the Illinois Secretary of State’s Office. It can be amended as needed. Ms. Green highlighted two new items that were added to the proposed January regulatory agenda: Section 1600.200 and Section 1600.720.

Trustee Vasquez moved:

That the January 2017 Regulatory Agenda be approved and filed as presented.

Trustee Rock seconded and the motion carried with all trustees present voting in favor.

Approval of Rulemaking Changes

Ms. Green reminded the committee that the following rules were presented to them for consideration during the September 2016 meeting. She summarized the proposed rulemaking changes found in sections 1600.140, 1600.550 and 1600.605 and recommended approval of the same.

Trustee Rock moved:

That the proposed rulemakings provided by General Counsel be filed with the JointCommittee on Administrative Rules substantially in the form presented.

Trustee Vasquez seconded and the motion carried with all trustees present voting in favor.

A copy of the State Universities Retirement System January 2017 Regulatory Agenda – redline as Exhibit 7 and the staff memorandum titled “Proposed Rulemakings for Benefits Administration” as Exhibit 8 are incorporated as part of these minutes.

COMPLIANCE UPDATE

Ms. Green directed the committee to the updated stop light report which is a compliance reporting and tracking tool initiated by former interim Executive Director Mr. William Mabe. Ms. Green noted that Ms. Allison Kushner, compliance officer, updates this report monthly and she indicated that SURS is currently in compliance with its reporting requirements.

A copy of the report titled “Compliance Stop Light Report” is incorporated as a part of these minutes as Exhibit 9.

PUBLIC COMMENT

There were no public comments presented to the Legal and Legislative Committee.

Since there was no further business before the Committee, Trustee Vasquez moved that the meeting be adjourned. The motion was seconded by Trustee Dennis Cullen and carried with all trustees present voting in favor.

Respectfully submitted,

Mr. Martin Noven Secretary, Board of Trustees

MMN:wj

Veto Session 2016

Vetoed Bills

Senate Bill 1059 – SURS Self-Managed Plan Lump Sum Distribution Retirees Receive Health Insurance upon Returning to Work Sponsors – Senator Chapin Rose and Representative Bill Mitchell SB 1059 allows SURS members who elect a lump sum distribution of their vested account balances while retirement eligible under the Self-Managed Plan to receive state employee group health insurance benefits upon returning to work with a public employer covered under SURS. Under current law, the only way that a SURS member who is retirement eligible under the Self-Managed Plan can receive state employee group health insurance is if he or she annuitizes his or her vested account balances at distribution. Status: Total Veto Stands as of 11/30/2016.

Bills and Amendments Filed Since July 1, 2016

House Bill 6602 – Survivors Felony Forfeiture Sponsors – Representative David McSweeney HB 6602 prospectively prohibits an individual who would otherwise qualify for a survivor’s benefit from receiving any benefits under the applicable article of the Illinois Pension Code if he or she is convicted of a felony related to, arising out of, or in connection with the service of the employee from whom the benefit results. HB 6602 is identical to Senate Amendment #1 to SB 1049 of the 99th General Assembly. Status: House Referred to Rules Committee on 11/2/2016. House Bill 6628 – Prohibition on Investments with Companies that Build a Border Wall Sponsors – Representative Will Guzzardi

Exhibit 1

HB 6628 amends the Illinois Pension Code to prohibit the state-funded retirement systems from investing in companies that enter into a contract with the federal government to build a wall along the border of Mexico and the United States of America. HB 6628 requires the Illinois Investment Policy Board to make its best efforts to identify all companies that contract to build a border wall and to include those companies in the list of restricted companies distributed to the state-funded retirement systems by April 1, 2017. HB 6628 also amends the Illinois Procurement Code to prohibit state agencies from entering into contracts with businesses that contract to build a border wall. State agencies must consult the restricted companies list produced by the Illinois Investment Policy Board in determining whether a business contracts to build a border wall. The prohibitions contained in HB 6628 expire on January 20, 2021. HB 6628 is identical to HA #2 to SB 1751 of the 99th General Assembly. Status: House Referred to Rules Committee on 11/16/2016. Senate Bill 1751 – Prohibition on Investments with Companies that Build a Border Wall Sponsors – Senator James F. Clayborne, Jr. and Representative Will Guzzardi As it passed the Senate, SB 1751 amends the Children and Family Services Act. House Amendment #2 to SB 1751 replaces the underlying content of the bill. It amends the Illinois Pension Code to prohibit the state-funded retirement systems from investing in companies that enter into a contract with the federal government to build a wall along the border of Mexico and the United States of America. HA #2 requires the Illinois Investment Policy Board to make its best efforts to identify all companies that contract to build a border wall and to include those companies in the list of restricted companies distributed to the state-funded retirement systems by April 1, 2017. HA #2 also amends the Illinois Procurement Code to prohibit state agencies from entering into contracts with businesses that contract to build a border wall. State agencies must consult the restricted companies list produced by the Illinois Investment Policy Board in determining whether a business contracts to build a border wall. The prohibitions contained in HA #2 expire on January 20, 2021. HA #2 to SB 1751 is identical to HB 6628 of the 99th General Assembly, as introduced. HA #3 becomes the bill. It is identical to HA #2 with the following changes: (1) It does not amend the Illinois Procurement Code; and (2) It does not contain an immediate effective date.

Exhibit 1

Status: HA #3 adopted on 12/1/2016; House Placed on Calendar – Consideration Postponed on 12/1/2016. Senate Bill 3457 – Climate Change Risk Minimization Policy Sponsors – Senator Martin A. Sandoval SB 3457 amends the Illinois Pension Code to require all pension funds and retirement systems under the Illinois Pension Code, except for downstate police and firefighters pension funds, to develop a climate change risk minimization policy by December 31, 2017. Under SB 3457, the policy must adhere to the following requirements:

• The National Association of Insurance Commissioners’ Insurer Climate Risk Disclosure Survey must be used as the model for the initial development of the policy.

• The policy must consider the financial risk to the investments held by the pension fund or retirement system under different levels of climate change, as defined by the United Nations Framework Convention on Climate Change.

• The policy must consider the scope of the financial risk and the financial impact of climate-related events, including, but not limited to, severe drought, coastal flooding, and more intense hurricances, on the holdings of the pension fund or retirement system.

• The policy must explain the sources of data used to make long-term projections of the climate and the potential long-term financial impact to the holdings of the pension fund or retirement system from increased climate change. Such data must include, but not be limited to, insurance company projections, the United Nations Framework Convention on Climate Change, and the United States Environmental Protection Agency.

SB 3457 allows each pension fund or retirement system to determine a policy on voting for shareholder resolutions and directors to advance corporate policies that minimize long-term risk to the pension fund or retirement system’s assets from increased climate change. SB 3457 requires the policy to be updated annually and published on the pension fund or retirement system’s website. Previous versions of the policy must remain on the pension fund or retirement system’s website for 5 years. Status: Senate Referred to Senate Assignments Committee on 11/29/2016.

Exhibit 1

Adopted 3/16/2011

LEGISLATIVE PLATFORM

LEGISLATIVE PRINCIPLES These principles are established by the State Universities Retirement System (SURS) Board of Trustees to provide a framework for the consistent evaluation of legislative proposals by staff. The Board’s position on proposed legislation will be determined on a case-by-case basis using these principles as a guide. Legislative Proposals are subject to these Legislative Principles. Some principles may not apply to the SURS defined contribution Self-Managed Plan.

1. Legislatively promised contributions should never be cut or delayed. Decreased or delayed contributions impair the retirement security of SURS members throughout Illinois.

2. Current and proposed benefits should be paid for as they accrue. Proposals must provide

an actuarially sufficient funding mechanism. Costs should not be shifted to future generations of taxpayers or system members.

3. SURS investments should not be constrained by legislative restrictions, mandates or

directives other than the trustees’ fiduciary duties. Political or economic mandates can reduce the likelihood of success in optimizing investment return.

4. The primary goal of SURS is to provide financial security for SURS members in

retirement. Basic financial protection should be provided for system members beyond their normal working years.

5. Benefits and costs should be equitably allocated. Proposals should not discriminate against

certain groups of members or retirees, expend system assets inequitably, or distribute increased costs disproportionately.

6. The financial and operational integrity of SURS must be preserved. Trustee ability to

exercise fiduciary duties solely on behalf of members and beneficiaries of SURS without interference should be advanced.

7. Legislatively promised benefits should not be reduced. Proposals should not diminish benefits for annuitants and current participants.

LEGISLATIVE PROPOSALS The SURS Board of Trustees intends to have introduced and to support passage of the following legislative proposals.

1. A bill providing full funding at SURS certified levels.

2. A bill containing technical corrections to Article 15 of the Illinois Pension code (the “SURS” article).

Exhibit 2

SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY

1

New Year’s Day

2

STATE HOLIDAY

3

4

5

6

7

8

9 SESSION 99th G.A.

10 SESSION 99th G.A.

11

SESSION

100th GA Inaugural

12

SESSION

13

14

15

16

Martin Luther King Jr. Day

STATE HOLIDAY

17

Perfunctory SESSION

18

19

20

Perfunctory SESSION

21

22

23

24

SESSION

25

SESSION

26

SESSION

27

Perfunctory SESSION

28

29

30

31

Perfunctory SESSION

ILLINOIS HOUSE OF REPRESENTATIVES 100th Genera l Assembly Michael J. Madigan, Speaker January 2017

IMPORTANT DATES

25—State of State Address

SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY

1

2

3 Perfunctory SESSION

4

5 6

Perfunctory SESSION

7

8 SESSION

9 SESSION

10

11

12

13

Lincoln’s Birthday STATE HOLIDAY

14

Valentine’s Day

15 SESSION

16 SESSION

17 SESSION

18

19

26

20 Presidents’ Day

STATE HOLIDAY 27

21

28

Consolidated

Primary Election

22 SESSION

23 SESSION

24 SESSION

25

February 2017

March 2017 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY

1

Ash Wednesday

2

3

4

5

6

7 SESSION

8 SESSION

9 SESSION

10

11

12

Daylight Savings Time Begins

13

14 SESSION

15 SESSION

16 SESSION

17

St. Patrick’s Day

18

19

20

21 SESSION

22 SESSION

23 SESSION

24

25

26

27

28 SESSION

29 SESSION

30 SESSION

31 SESSION

HOUSE DEADLINE LRB—Requests

DEADLINE Intro. of House Bills

DEADLINE -Committee Substantive HBs

IMPORTANT DATES

3— LRB requests deadline 10—Introduction of House Bills deadline 15—Budget Address

IMPORTANT DATES

31 Committee Substantive House Bills deadline

Governor’s Budget Address

Governor’s State of State

Exhibit 3

IMPORTANT DATES

19– Deadline Committee Senate Bills 26—Deadline 3rd Reading Senate Bills

SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY

1 2

3

4

5

6

7

8

9 SESSION

10 SESSION

11 SESSION

12 SESSION

13

14

Mother’s Day

15 SESSION

16 SESSION

17 SESSION

18 SESSION

19 SESSION

20

21

22 SESSION

23 SESSION

24 SESSION

25 SESSION

26 SESSION

27 SESSION

28 SESSION

29 SESSION

Memorial Day

STATE HOLIDAY

30 SESSION

31

SESSION ADJOURNMENT

May 2017

DEADLINE 3rd Reading SB’s

ILLINOIS HOUSE OF REPRESENTATIVES 100th General Assembly ~ Michael J . Madigan, Speaker

SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY

1

2

3

4 SESSION

Municipal Election

5 SESSION

6 SESSION

7 SESSION

8

9

Palm Sunday

10

Passover

11

12

13

14

Good Friday

15

16

Easter

17

18

19

20

21

22

23 30

24 SESSION

25 SESSION

26

SESSION

Administrative Professional Day

27 SESSION

28 SESSION

29

April 2017

DEADLINE Committee SB’s

28—Deadline 3rd Reading House Bills

IMPORTANT DATES

DEADLINE 3rd Reading HB’s

Exhibit 3

Exhibit 4

Exhibit 4

Exhibit 4

Exhibit 4

Exhibit 4

Important Dates for the 2017 Spring Session

• January 11th at NOON: 100th General Assembly Inauguration

• January 25th: Governor’s State of the State Address

• February 3rd: House Deadline for LRB Requests

• February 10th: Deadline for the Introduction of Substantive House and Senate Bills

• February 15th: Governor’s Budget Address

• March 17th: Senate Committee Deadline for Substantive Senate Bills

• March 31st: House Committee Deadline for Substantive House Bills

• April 28th: Third Reading Deadline for Substantive House and Senate Bills in the

First Chamber

• May 12th: Senate Committee Deadline for Substantive House Bills

• May 19th: House Committee Deadline for Substantive Senate Bills

• May 26th: Third Reading Deadline for Substantive House and Senate Bills in the

Second Chamber

• May 31st: Adjournment

Exhibit 5

Exhibit 6

Exhibit 6

Exhibit 6

Exhibit 6

Exhibit 6

Exhibit 6

Exhibit 6

Exhibit 6

Exhibit 6

Exhibit 6

Exhibit 6

Exhibit 6

Exhibit 6

Exhibit 6

ILLINOIS REGISTER

STATE UNIVERSITIES RETIREMENT SYSTEM

JANUARY 2017 REGULATORY AGENDA a) Part (Heading and Code Citations): Universities Retirement (80 Ill. Adm. Code 1600)

1) Rulemaking:

A) Description: The System anticipates rulemaking affecting the following:

Revise Section 1600.130 Procurement to modify existing procedures. Add Section 1600.200 Definition of Employee to implement Public Act 99-0897, effective January 1, 2017, regarding the definition of "employee" under Section 15-107 of the Illinois Pension Code. Revise Section 1600.205 Earnings Subject to Withholding and Crediting to address compensation paid under the Public Employee Disability Act (5 ILCS 345/) and unused sick leave paid at the time of termination of employment. Revise Section 1600.300 Effective Beneficiary Designations to address electronic execution and submission of beneficiary designation forms. Revise Section 1600.550 Disability Claims Procedure to clarify the treatment of vacation pay with respect to initial eligibility for benefit payments. Revise Section 1600.420 Making Preliminary Estimated Payments to include procedures for holding payments when the member has not responded to informational requests, and to terminate the benefit after a period of non-compliance with the request. Revise Section 1600.450 Overpayment Recovery to address de minimis revisions to benefit calculations and deductions for overpayments of less than $100. Promulgate rules to establish acceptable documentary evidence for demographic information such as birth dates and marital status. Amend Section 1600.140(h)(6) to add SIMPLE IRAs to the list of “eligible retirement plans” to which SURS can make a direct rollover distribution, effective for distributions after December 18, 2015.

Exhibit 7

ILLINOIS REGISTER

STATE UNIVERSITIES RETIREMENT SYSTEM

JANUARY 2017 REGULATORY AGENDA

Clarify QILDRO rule 1600.605 “Requirements for a Valid Qualified Illinois Domestic Relations Order” and 1600.655 “Expiration of a QILDRO” to accommodate the administration of posthumous QILDRO’s submitted to SURS with reasonable timeframe after date of date. Clarify QILDRO rule 1600.605 “Requirements for a Valid Qualified Illinois Domestic Relations Order” and 1600.635 “QILDROs Against Persons Who Became Members Prior to July 1, 1999” to accept an agreed upon divorce decree and martial property settlement in lieu of a Consent to Issuance of a QILDRO if a member refuses to sign consent. Amend Section 1600.720 Election Materials to permit the electronic distribution of board election materials and the use of electronic balloting measures.

B) Statutory Authority: Article 15 of the Illinois Pension Code, 40 ILCS 5/15-177.

C) Scheduled meeting/hearing dates: Written comments may be submitted

during the 45-day public comment period following publication of the proposed rule in the Illinois Register. No public hearings are anticipated.

D) Date agency anticipates First Notice: Spring 2017 E) Effect on small businesses, small municipalities or not for profit

corporations: None

F) Agency contact person for information:

Bianca T. Green, General Counsel State Universities Retirement System 1901 Fox Drive Champaign, IL 61820 Telephone (217) 378-8825 Email: [email protected] Fax: (217) 378-9801

G) Related rulemakings and other pertinent information: Other Amendments

may be necessary based on emergent issues.

Exhibit 7

MEMORANDUM

To: Legal & Legislative Committee From: Albert J. Lee, Associate General Counsel Date: November 22, 2016 Re: Proposed Rulemakings for Benefits Administration

The proposed rulemakings enclosed with this memorandum make the following changes to Title 80, Part 1600 of the Illinois Administrative Code. The Board approved the subject matter of the proposed rulemakings at the June 2016 Board meetings as part of the July 1, 2016 Regulatory Agenda. I. Expansion of Plans Eligible to Receive a Rollover Distribution from SURS – Section

1600.140 The proposed change to Section 1600.140 adds a new subparagraph (h)(6)(H) to include SIMPLE IRAs as a plan type that can receive direct rollover distributions from SURS. A direct rollover distribution is a tax-favored distribution method whereby amounts that would have otherwise been includible in gross income are transferred to another tax-deferred retirement vehicle. This allows the recipient to continue to delay the tax consequences of the distribution until a more opportune time. On December 18, 2015, the Protecting Americans from Tax Hikes Act of 2015 added SIMPLE IRAs to the list of eligible retirement plans to which qualified plans like SURS can make a rollover distribution. SIMPLE IRAs (Savings Incentive Match Plan for Employees) are IRAs that can be established by small employers on behalf of their employees. Under former tax laws, SIMPLE IRAs could only receive rollovers or transfers from other SIMPLE IRAs. Effective for rollovers made after December 18, 2015, the change under the PATH Act expanded the universe of plans from which the rollovers could be made to make SIMPLE IRAs more attractive to small employers. II. Vacation Payments and Disability Benefit Commencement – Section 1600.550 The proposed change to Section 1600.550 adds a new subsection (h) that provides that if an employee receives payment for unused vacation accrued under the employment from which he or she becomes disabled, then the disability commencement date will be delayed by the number of work days attributable to the payment. Employer policies on whether an employee is required to use up vacation benefits before going on disability leave may differ. This codifies the longstanding SURS practice of treating a member who opts to use vacation benefits before going on disability leave the same as a member who opts to take a cash payout for unused vacation. The proposed change permits SURS to treat all members equally regarding disability benefit commencement, regardless of the differences in the employer's disability leave policy.

Exhibit 8

Legal & Legislative Committee Proposed Rulemakings for Benefits Administration November 22, 2016 Page 2 of 13 III. Posthumous QILDROs and Alternative to QILDRO Consent – Section 1600.605 The proposed change to Section 1600.605(a)(10) permits SURS to deem a posthumous QILDRO or QILDRO Calculation Court Order as if it were validly entered prior to the member's death if (1) the order was entered no later than 6 months after the member's death and (2) either all applicable consent requirements were met before the member's death or the order is accompanied by a certified copy of a divorce decree that incorporates a written marital settlement agreement signed by both parties that directs for the division of SURS benefits under a QILDRO. This proposed change is intended to provide relief to an alternate payee should a member die before a QILDRO could be entered pursuant to a divorce decree that directed that SURS benefits be divided under agreement by both parties. This equitable approach has been upheld in the ERISA context by the United States Courts of Appeals of the Second Circuit in Yale-New Haven Hospital v. Nicholls, 788 F.3d 79 (2nd Cir. 2015). Under Section 1-119(m)(1) of the Illinois Pension Code, a QILDRO cannot divide the benefits of a member who entered SURS prior to July 1, 1999, unless the member signs a QILDRO Consent. The proposed change to Section 1600.605(b)(1) codifies a Third District Appellate Court decision, Plunkett v. Plunkett, 392 Ill. App 3d 100 (2009), that required SURS to honor a QILDRO despite not having received a valid QILDRO Consent because the parties had entered into a marital settlement agreement that stipulated the division of retirement benefits under a QILDRO. The court held that the divorce decree's incorporation of the terms of such a marital settlement agreement substantially complied with the QILDRO consent requirement under the Illinois Pension Code. The proposed change provides that in the event that an alternate payee is unable to obtain a signed consent from a member who became a SURS member prior to July 1, 1999, SURS will accept a certified copy of a decree of marital dissolution that incorporates the terms of a written marital settlement agreement signed by both parties that directs the division of SURS benefits under a QILDRO. Staff Recommendation: That the Legal & Legislative Committee approve the filing of the proposed rulemakings with the Joint Committee on Administrative Rules substantially in the form presented herein.

Exhibit 8

Legal & Legislative Committee Proposed Rulemakings for Benefits Administration November 22, 2016 Page 3 of 13

PROPOSED RULEMAKINGS 80 Ill. Adm. Code Part 1600

Section 1600.140 Compliance with the Internal Revenue Code

a) Purpose. This Section is intended to implement qualification requirements under IRC section 401(a) as applicable to governmental plans within the meaning of IRC section 414(d). The System is intended to be a qualified governmental plan under the meaning of those IRC provisions.

b) Exclusive Benefit Rule and Nonreversion of Trust Assets. Prior to the

satisfaction of all liabilities to participants or their beneficiaries, no part of the corpus or income of the System shall be used for, or diverted to, purposes other than for the exclusive benefit of the System's participants or their beneficiaries. No part of the System's assets may revert to the State of Illinois or any employer except in the case of a good faith mistake of fact as permitted by Revenue Ruling 91-4, 1991-1 C.B. 57.

c) Nonforfeitability. Upon termination of the System or upon complete

discontinuance of contributions to the System, the rights of each participant to benefits accrued to the date of the termination or discontinuance are nonforfeitable.

d) USERRA. The provisions of Code Section 1-118 (concerning veterans' rights)

shall be effective with respect to the System beginning December 12, 1994. e) Required Minimum Distributions. The provisions of Code Section 1-116.1

(concerning minimum required distributions) shall be effective with respect to the System beginning January 1, 1987. The System shall pay all benefits in accordance with a reasonable good faith interpretation of the requirements of IRC section 401(a)(9).

f) Federal Contribution and Benefit Limitations. Pursuant to Code Section 1-116,

the System shall comply with the applicable contribution and benefit limitations imposed by IRC section 415 for limitation years beginning on or after January 1, 1976.

g) Mortality Tables and Interest Rates. The mortality tables and interest rates

adopted by the Board of Trustees of the System from time to time in accordance with Code Sections 15-124 and 15-125 shall apply to the System as though those provisions were fully set forth in Article 15 of the Code. This subsection (g) applies beginning July 1, 1963.

h) Direct Transfer of Eligible Rollover Distributions. For distributions made on or

after January 1, 1993, the System shall implement Code Section 1-106(b) (concerning direct rollovers) in accordance with IRC section 401(a)(31), as follows:

Exhibit 8

Legal & Legislative Committee Proposed Rulemakings for Benefits Administration November 22, 2016 Page 4 of 13

1) If a distributee becomes entitled to an eligible rollover distribution, the distributee may elect to have the distribution, or any portion of the distribution, paid directly to an eligible retirement plan specified by the distributee.

2) The election made pursuant to this Section shall be in accordance with the

terms and conditions established by the Board. 3) Upon exercise of the election by a distributee pursuant to this subsection

(h), the distribution from the System of the amount designated by the distributee shall be made in the form of a direct transfer to the specified eligible retirement plan.

4) For purpose of this subsection (h), "distributee" means a member, a

surviving spouse, or a former spouse under a domestic relations order that is treated as a qualified domestic relations order to the extent provided in IRC section 414(p)(11). For plan years beginning on or after January 1, 2010, a distributee further includes a nonspouse beneficiary who is a designated beneficiary as defined by IRC section 401(a)(9)(E). However, a nonspouse beneficiary may only make a direct rollover to an individual retirement account or individual retirement annuity established for the purpose of receiving the distribution, and the account or annuity shall be treated as an "inherited" individual retirement account or annuity.

5) Eligible Rollover Distribution

A) For purposes of this subsection (h), "eligible rollover distribution" means a distribution from the retirement fund that constitutes an eligible rollover distribution within the meaning of IRC section 401(a)(31)(D), i.e., any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include:

i) any distribution that is one of a series of substantially equal

periodic payments (not less frequently than annually) made: • for the life (or life expectancy) of the distributee or the

joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary; or

• for a specified period of 10 years or more;

ii) any distribution to the extent the distribution is required

under IRC section 401(a)(9);

iii) the portion of any distribution that is not includible in gross income; or

Exhibit 8

Legal & Legislative Committee Proposed Rulemakings for Benefits Administration November 22, 2016 Page 5 of 13

iv) any distribution that is reasonably expected to total less

than $200 during the year.

B) Effective January 1, 2002, a portion of a distribution shall not fail to be an eligible distribution merely because a portion consists of after-tax contributions that are not includible in gross income. However, that portion may be transferred only:

i) to an individual retirement account or annuity described in

IRC section 408(a) or (b) or to a qualified defined contribution plan described in IRC section 401(a) that agrees to separately account for amounts so transferred (and earnings on those amounts), including separately accounting for the portion of the distribution that is includible in gross income and the portion of the distribution that is not so includible;

ii) on or after January 1, 2007, to a qualified defined benefit

plan described in IRC section 401(a) or to an annuity contract described in IRC section 403(b) that agrees to separately account for amounts transferred (and earnings on those amounts), including separately accounting for the portion of the distribution that is includible in gross income and the portion of the distribution that is not includible; or

iii) on or after January 1, 2008, to a Roth IRA described in

IRC section 408A.

6) For purposes of this subsection (h), "eligible retirement plan" means a plan that constitutes an eligible retirement plan within the meaning of IRC section 401(a)(31)(E), the terms of which permit the acceptance of rollover distribution and is limited to the following:

A) an individual retirement account described in IRC section 408(a); B) an individual retirement annuity described in IRC section 408(b); C) an annuity plan described in IRC section 403(a); D) a qualified trust described in IRC section 401(a); E) effective January 1, 2002, an annuity contract described in IRC

section 403(b); F) effective January 1, 2002, an eligible deferred compensation plan

described in IRC section 457(b) that is maintained by an eligible employer described in IRC section 457(e)(1)(A) that agrees to

Exhibit 8

Legal & Legislative Committee Proposed Rulemakings for Benefits Administration November 22, 2016 Page 6 of 13

separately account for amounts transferred into that plan from the System; or

G) effective January 1, 2008, a Roth IRA described in IRC section

408A. H) effective December 19, 2015, a SIMPLE IRA described in IRC

section 408(p)(1), provided that the rollover contribution is made after the 2-year period described in IRC section 72(t)(6).

i) Qualified Illinois Domestic Relations Orders. If benefits are payable pursuant to

a QILDRO that satisfies the requirements of "domestic relations order" as defined in IRC section 414(p), then the applicable requirements of IRC section 414(p) shall be followed by the System.

(Source: Added at 37 Ill. Reg. 1309, effective January 15, 2013)

Exhibit 8

Legal & Legislative Committee Proposed Rulemakings for Benefits Administration November 22, 2016 Page 7 of 13 Section 1600.550 Disability Claims Procedure

a) Pursuant to Section 15-150 of the Code, a participant may be granted a disability benefit if, while a participating employee, he or she becomes physically or mentally incapacitated and unable to perform the duties of his or her assigned position for any period exceeding 60 consecutive calendar days and the employee had completed 2 years of service at the time of disability, unless the disability is a result of an accident. An employee shall be considered disabled only during the period for which the Board determines, based upon the evidence listed in this Section, that the employee is unable to reasonably perform the duties of his or her assigned position as a result of a physical or mental disability. This determination shall be based upon:

1) a written certificate from one or more licensed and practicing physicians

appointed by or acceptable to the Board, stating that the employee is disabled and unable to reasonably perform the duties of his or her assigned position;

2) a written certificate from the employer stating that the employee is unable

to perform the duties of his or her assigned position; and

3) any other medical examinations, hospital records, laboratory results, or other information necessary for determining the employment capacity and condition of the employee.

b) Application Filing Requirements

1) An application for disability benefits must include the certifications described in subsections (a)(1) and (a)(2), and supporting documentation described in subsection (a)(3), all as explained in more detail in this Section, for each disabling condition as well as for the entire period of disability.

2) The application must be filed within one calendar year after the date on

which the disability occurred. This limitation may be waived upon a showing of good cause, including, but not limited to, circumstances in which the applicant was under some physical, mental or medical infirmity or legal status that prevented the applicant from filing within the time period.

c) Certification By Physicians. For purposes of subsection (a)(1), the following

shall apply:

1) Physicians acceptable to the Board are attending physicians, physicians designated by the participant and physicians to whom the participant was referred by the attending or designated physician. Physicians appointed by SURS staff to examine the participant are deemed to be physicians appointed by the Board. The physician must be licensed to practice and be

Exhibit 8

Legal & Legislative Committee Proposed Rulemakings for Benefits Administration November 22, 2016 Page 8 of 13

currently practicing in the field of expertise related to the underlying physical or mental condition for which disability benefits are sought.

2) The certification must be signed by a physician described in subsection

(c)(1) or an authorized representative of the physician and must state the following:

A) the medical diagnosis of the physical or mental condition;

B) the prognosis of the physical or mental condition;

C) the physical or mental limitations to which the participant should

adhere; and

D) that the participant is disabled and is unable to reasonably perform the duties of his or her assigned position as a result of the physical or mental disability.

3) The certification must be accompanied by a report containing the

following:

A) the date of examination;

B) the medical history of the participant;

C) the results of any diagnostic tests used;

D) the diagnosis of the physical or mental condition;

E) the plan of treatment for the physical or mental condition and prognosis in response to the treatment plan;

F) an evaluation of the physical or mental condition as it bears upon

the participant's ability to reasonably perform the duties of his or her assigned position; and

G) any existing documentation of objective medically demonstrable

anatomical, physiological or psychological abnormalities manifested as test results or laboratory findings apart from self-reported symptoms.

d) Certification by Employers. For purposes of subsection (a)(2), the certification

must be signed by an officer authorized by the employer and must state the following:

1) the physical or mental performance requirements for the reasonable

performance of the participant's assigned position;

Exhibit 8

Legal & Legislative Committee Proposed Rulemakings for Benefits Administration November 22, 2016 Page 9 of 13

2) whether the participant is able to satisfy each physical or mental performance requirement for the reasonable performance of his or her assigned position to the best of the employer's knowledge or belief and the reason for that knowledge or belief; and

3) whether the participant is able to reasonably perform the duties of his or

her assigned position based on the provisions of subsections (d)(1) and (d)(2).

e) Determination of Disability. If the participant establishes, by a preponderence

preponderance of the evidence, that he or she is physically or mentally disabled and unable to perform the duties of his or her assigned position as a result of the disability, the participant shall be determined eligible for disability benefits under Section 15-150 of the Code.

1) SURS staff shall determine whether certifications made under subsections

(a)(1) and (a)(2) and supporting documentation described in subsection (a)(3) establish eligibility for disability benefits.

2) At the discretion of SURS staff, the participant may be required to submit

to additional examinations by staff appointed physicians or specialists to aid in the determination process.

3) Physical or mental conditions resulting from self-inflicted injuries,

substance abuse, or any act for which the participant was convicted of a misdemeanor or felony are not the result of an accident for purposes of Section 15-150 of the Code.

f) Subsequent Re-examination of Disabled Participants

1) SURS staff shall secure from one or more physicians, periodically, re-evaluation reports concerning the continued disability of the participant. The date of re-evaluation shall be determined by SURS staff on the basis of the medical reports received previously, the nature of the disability, and other relevant information.

2) In the re-evaluation of disability claims, the examining physician shall be

the attending physician or the physician designated by the participant, but, if the nature of the disability or other circumstances justifies the appointment of someone other than the participant's attending physician or designated physician as the examining physician, SURS staff shall make the appointment. All other procedures that may be applicable in processing the initial claim for disability benefits shall be followed in re-evaluation of the claim.

g) Release of Medical Information. The participant may be required to authorize the

release of all medical or other information related to the disability claim, including but not limited to medical reports, hospital records, Department of

Exhibit 8

Legal & Legislative Committee Proposed Rulemakings for Benefits Administration November 22, 2016 Page 10 of 13

Employment Security earnings statements, income tax records, unemployment records, and any record deemed necessary to the administration of the disability claim. The failure of the participant to submit to a re-evaluation examination or a treatment plan, to produce records, or to approve release of information required may result in the suspension of disability benefit payments.

h) Vacation Payments and Disability Benefit Commencement. If an employee

receives payment for unused vacation leave accrued under the employment from which the employee is disabled, the date of the "termination of payment of salary or sick leave benefits" under Section 15-151 of the Code shall be delayed by the number of work days attributable to the vacation payment.

(Source: Section 1600.550 renumbered from Section 1600.320 at 38 Ill. Reg. 16375, effective July 17, 2014)

Exhibit 8

Legal & Legislative Committee Proposed Rulemakings for Benefits Administration November 22, 2016 Page 11 of 13 Section 1600.605 Requirements for a Valid Qualified Illinois Domestic Relations Order SURS will accept a court order as a valid QILDRO or QILDRO Calculation Court Order if it meets all of the following requirements:

a) The following requirements apply to the QILDRO and the QILDRO Calculation Court Order:

1) The order must be accompanied by a $50 non-refundable processing fee,

by check or money order payable to the State Universities Retirement System.

2) The order must be a certified copy of the original.

3) The order must have been issued by an Illinois court of competent

jurisdiction in a proceeding for declaration of invalidity of marriage, legal separation or dissolution of marriage that provides for the distribution of property, or any proceeding to amend or enforce the property distribution. A judgment, order or notice of income withholding for support under a support enforcement mechanism under Title IV-D of the Social Security Act (42 USC 666) or any other state law that purports to divide or garnish the member's retirement benefit under any proceeding for the declaration of invalidity of marriage, legal separation or dissolution of marriage will not be honored by SURS unless the judgment, order or notice is accompanied by a QILDRO (and if applicable, a QILDRO Calculation Court Order) issued by an Illinois court.

4) The order must contain the name, residence address and Social Security

number of the member.

5) The order must contain the name, residence address and Social Security number of the alternate payee.

6) The order must identify the State Universities Retirement System as the

retirement system to which it is directed.

7) The order must identify the court that issued it.

8) The order must apply only to benefits that are statutorily subject to QILDROs, as provided in Section 1-119(b)(1) of the Pension Code.

9) The orders and, if applicable, the Consent to Issuance of QILDRO, must

be in the form adopted by SURS as of the date the order is received. Any alterations will invalidate the order.

10) The effective date of the order must be after July 1, 1999, and before the

date of death of the member. If the effective date of the order is on or after the member's date of death, SURS shall deem the effective date of

Exhibit 8

Legal & Legislative Committee Proposed Rulemakings for Benefits Administration November 22, 2016 Page 12 of 13

the posthumous order as if it had been entered on the day immediately prior to the member's date of death if the order is dated no later than 6 months after the date of death and—

i) any applicable consent requirements under subsection (b)(1) were

met prior to the member's date of the death; or

ii) the order is accompanied by a certified copy of a decree of dissolution of marriage that is dated before the date of death of the member and incorporates the terms of a written marital settlement agreement that was signed by both parties before the date of death of the member and provides direction for the division of the member's SURS benefits under a QILDRO.

b) The following additional requirements apply only to the QILDRO:

1) If the QILDRO applies to a person who became a SURS member before July 1, 1999, it must be accompanied by the original Consent to Issuance of QILDRO form signed by the member, or a certified copy of the original. The consent cannot be signed by a judge, sheriff or any person other than the member. A QILDRO issued on or after July 1, 2006 that modifies a QILDRO issued prior to July 1, 2006 must be accompanied by an original Consent to Issuance of QILDRO signed by the member on or after July 1, 2006. If the alternate payee is unable to obtain a signed consent from the member, the required consent can be established if the QILDRO is accompanied by a certified copy of a decree of dissolution of marriage that incorporates the terms of a written marital settlement agreement that was signed by both parties and provides direction for the division of the member's SURS benefits under a QILDRO.

2) The QILDRO must specify each benefit to which it applies, and it must

specify only one method by which the benefit shall be paid to the alternate payee.

3) If any benefit is to be paid using the Marital Portion Benefit Calculation,

the QILDRO must comply with Section 1-119(n)IX of the Pension Code and the QILDRO must contain language in conformance with Section 1-119(n)IX(1) and (2) properly completed. The "other" option must only be checked for the purpose of using a combination of permissive service and regular service. If the "other" option is checked, a supplemental order stating the details of the combination must accompany the QILDRO. The supplemental order must not purport to establish a formula differing from the ones appearing under Section 1-119(n) of the Pension Code or purport to create new classes of service credit.

4) If the member is a participant of the Traditional or Portable Benefit

Package, the order must designate whether the alternate payee will receive

Exhibit 8

Legal & Legislative Committee Proposed Rulemakings for Benefits Administration November 22, 2016 Page 13 of 13

automatic annual increases as provided under Section 1-119(n)IV of the Pension Code.

5) If the member is a participant of the Self-Managed Plan who has an

account balance, then the QILDRO may only provide for the division of the account balance as of a certain date. If the Self-Managed Plan member is receiving benefits under an annuity contract, then the QILDRO may only divide the member's retirement benefit or death benefit, if any, or both.

c) The following additional requirements apply only to the QILDRO Calculation

Court Order: 1) The QILDRO Calculation Court Order must allocate benefits consistent

with the underlying QILDRO. Benefits that will never become payable on or after the date the QILDRO Calculation Court Order is filed need not be allocated under the QILDRO Calculation Court Order

2) Benefits allocated using a calculation method on the QILDRO Calculation

Court Order must contain a clear result of the equation. SURS is not obligated to review or verify the equations or assist in the calculations to determine the benefits.

(Source: Amended at 33 Ill. Reg. 10757, effective July 1, 2009)

Exhibit 8

Complete/Next due > 30 days Due < 30 days Past Due/MissedReport Owner: Compliance Officer * indicates new requirement/change in requirement EOQ= End of Quarter EOM=End of M

Department Report Filed With Frequency Statute/Rule Last Filed Next Due StatusAdministration Travel Exception Report IHETCB Quarterly 80 IL 2900.105 10/11/2016 1/7/2017

Administration Drivers License & Insurance Certification U of I Annual 625 ILCS 5/7-203 & JCAR 44 Sec 5040.500 6/30/2016 6/30/2017

Administration Certification of Board Training Requirement DFPR-Public Pension/Insurance Div Annual 40 ILCS 5/1/113.18 6/30/2016 6/30/2017Administration Notice of Regularly Scheduled Board Meetings State Newspaper & SURS website Annual 5 ILCS 120.202 Sep-16 Sep-17Administration Oath of Office Internal Ad Hoc 40 ILCS 5/15-159(h) 3/15/2016 As neededAdministration Disclosure of Appointee Interest in State Contracts SOS Ad Hoc 5 ILCS 420/3A.30 4/15/2016 As needed

Administration Trustee Indemnification Agreements Internal & Fiduciary Council Ad Hoc 40 ILCS 5/1-107 & Board Governance Bylaws 1.1 3/15/2016 As needed

Administration IPad User Agreements Internal Ad Hoc Internal Requirement 3/15/2016 As neededAudit Deceased Annuitant ID Process* Internal Monthly 30 ILCS 805/8.40 N/A 1/31/2017Audit Fiscal Year Audit Completion Report Internal/ED approval? A& R Committee Annual Fiscal Control & Auditing Act 9/16/2016 9/30/2017Audit FCIAA Internal Control Certification Auditor General Annual FCIAA 4/26/2016 5/1/2017Audit Two Year Audit Plan Internal/ ED approval/A & R Committee Annual 30 ILCS 10/2003 6/30/2016 6/30/2017

Audit Submission of System Audit (due after FY end) Governor AnnualState Auditing Act and 30 ILCS

5/3-14 FY2015 FY2016

Finance CAFR (statement of condition, actuarial statement, IRS 945, Cert CIP/ Agency Report Pension Division of Illinois Dept. of Ins. Annual 40 ILCS 5 FY 2015 1/15/2017

Finance GAAP Comptroller Annual (by 10/15)PA 097-1055/ Financial Reporting Standards Board Act 9/30/2016 10/15/2017

Finance Public Accountability Report Comptroller Annual (by 10/15) SAMS 10/14/2016 10/15/2017Finance IRS Form 941-Employer Fed Tax Return Form IRS Quarterly IRS CODE 10/26/2016 1/30/2016Finance Cash Receipts and Disbursement Reports Comptroller Quarterly SAMS 9/30/2016 1/30/2016Finance Agency Fixed Asset Report Comptroller Quarterly SAMS 10/27/2016 1/30/2017Finance Accounts Receivable Comptroller Quarterly SAMS 10/28/2016 1/30/2017Finance Report on SMP Participation Rate COGFA Annual 40 ILCS 5/15 10/21/2016 11/1/2018Finance Cert. of State Contribution and CIP Governor, CMS, and Comptroller Annual (final by 1/15) 40 ILCS 5/14A 10/21/2016 1/15/2018Finance Statement of the Financial Condition of the Fund Pension Division of Illinois Dept. of Ins. Annual 40 ILCS 5 12/21/2015 12/30/2016Finance Actuarial Statement (part of Annual Fin. Statement) Pension Division of Illinois Dept. of Ins. Annual 40 ILCS 5 12/21/2015 12/30/2016Finance Department of Insurance Report Comptroller Annual 15 ILCS 405/19.5 12/14/2015 12/31/2016Finance IRS Form 1099R (FIRE) IRS Annual IRS CODE 2/18/2016 2/28/2017Finance IRS 1042: Withholding US income of Foreign Persons IRS Annual IRS CODE ?? 3/15/2017Finance Report on Voluntary Deductions Comptroller Annual (by 3/31) 5 ILCS 340/8 1/29/2016 3/31/2017Finance Comptroller Agency Invoice Comptroller Annual PA 98-0228 6/30/2016 6/30/2017Finance Fee Imposition Report Comptroller Annual by 9/1 15 ILCS 405/16.2 7/14/2016 7/31/2017Finance 5 year review of 90% funding target COGFA 5 years 40 ICLS 1-103.3 12/31/2015 12/31/2020Finance Certification of Overpayments Internal and Board of Trustees Annual 80 Ill Adm. Code Sec.1600.450 6/31/2016 06/31/2017Finance IRS W-3 IRS Annual IRS Code 2/22/2016 1/31/17 (adjusted dl)Finance Information to COGFA COGFA Ad Hoc/At will 40 ILCS 5/22-803 6/16/2016 As neededFinance/Mem Serv Fin. Stmts to Participants/ Serv. Cred Stmts Annuitants As requested 40 ILCS 5/15-175 Ongoing ongoingFinance/Mem Serv Reports to Reciprocals Recip Systems As requested 40 ILCS 5/20-126 Ongoing ongoingHuman Resources Separation Report State Universities Civil Service System Monthly (w/n 10 days EOM) Civil Service Rule 250.30 11/15/2016 12/15/2016Human Resources Form UI-3 IDES taxnet Online Quarterly IDES/IRS 10/13/2016 1/20/2016Human Resources Report of Employee Served State Universities Civil Service System Quarterly (w/n 10 days EOQ) Civil Service Rule 250.30 9/27/2016 1/10/2016Human Resources Exempt Employees Report State Universities Civil Service System Quarterly 110 ILCS 70/36€ 9/27/2016 1/10/2017Human Resources Occupational Ethnic and Gender Report State Universities Civil Service System Quarterly (w/n 10 days EOQ) Civil Service Rule 250.3.1 9/27/2016 1/10/2017Human Resources Agency Workforce Report Secretary of State; Office of Governor Annual 5 ILCS 410/20 12/16/2015 (FY 2015 12/31/2016Human Resources TA-2 Legislative Audit Commission Bi-Annually St. Fin. Act 30 ILCS 105/12-3 7/11/2016 1/15/2017Human Resources BLS 790G New Hire Reporting BLS/IDES website Ad Hoc w/n 20 days of hire 29 USC 2 Time of Hire As neededHuman Resources I-9 Eligibility Internal In File Ad Hoc w/n 20 days of hire Dept. Homeland Security Time of Hire As neededHuman Resources SSA 1945 Internal In File Ad Hoc w/n 20 days of hire SSA Time of Hire As neededInvestments Investments Update -Monthly Online Surs.org Monthly 30 ILCS 237/10 PA 93-049 11/15/2016 12/15/2016Investments Report to Gov. on MWBE Firms/HR/Vendors Governor Annual 40 ILCS 5/1-109 9/13/2015 12/30/2016Investments Quinquennial Rep. US Owned Foreign Securities Federal Reserve Bank 5 years 22 USC Sec 3101 2012 3/1/2017Investments Restricted Companies Divestiture Reporting* Illinois Investment Policy Board Annual 40 ILCS 5/1-110.16 N/A 4/1/2017Investments Illinois Finance Entity/High Risk Home Loan Act Cert. DFPR-Public Pension/Insurance Div Annual 40 ILCS 5/1-110.10; PA 95-521 7/25/2016 7/31/2017Investments Invest in Illinois Governor Annual PA 96-0753 8/22/2016 9/1/2017Investments PRI Annual Assessment UNPRI.org Annual UNPRI Signatory Rules 3/20/2016 04/31/2017Investments Public Disclosure of Investments SURS.org website Quarterly 15 ICLS 520 6/31/2016 9/31/2016Investments Written Investment Policies Illinois Department of Insurance Ad Hoc 40 ILCS 5/1-113.6 9/11/2015 As needed

Exhibit 9

Investments IS Policy Exemptions, Forms and Contract Summaries Illinois Procurement Policy Board Ad Hoc 40 ILCS 5/1-113.14 Ongoing As neededInvestments Qualified FOF Mgmt. Services Contract Summaries SURS.org website Ongoing 40 ILCS 5/1-113.15 N/A As neededLegal & Ethics Ethics Training for Registered Lobbyists Secretary of State Annual 25 ILCS 170 2016 Complete 2017Legal & Ethics Lobbying Expenditure Report (20th) Secretary of State Monthly 25 ILCS 170/6 10/3/2016 11/20/2016Legal & Ethics Lobbying Expenditure Report (5th) Secretary of State Monthly 25 ILCS 170/6 10/17/2016 12/5/2016Legal & Ethics Statement of Economic Interests (Board and Execs) Secretary of State Annual 5 ILCS 420/4A-101 4/30/2016 4/30/2017Legal & Ethics Annual Ethics Training for Trustees Internal-Cert of Completion to EO Annual 5 ILCS 430/5-10 5/3/16-6/13/16 5/3/2017Legal & Ethics Ethics Training Plan/Ethics Training State Employees Office of the Inspector General Annual 5 ILCS 430/5-10 4/29/2016 6/30/2017Legal & Ethics ARDC Registration ARDC Annual 128 Ill.2d 351, 538 NE 2d 1152 7/31/2016 7/31/2017Legal & Ethics FOIA Officer Training & Annual Certification IAG Annual 5 ILCS 140/3.5 9/2/16 &11/23/15 9/2/17 & 11/23/16Legal & Ethics Ethics Officer Designation Notice IL Executive Ethics Commission As Needed/Ad Hoc 2 IL 1620.83 10/19/2015 as neededLegal & Ethics Revolving Door Policy Sign off Executive Inspector General As Needed/Ad Hoc 5 ILCS 430/5-5-45 Time of Hire As neededLegal & Ethics Ex Parte Communications Reports Executive Ethics Commission As Needed/Ad Hoc 5 ILCS 430/5-50 At time of occurrence As neededLegal & Ethics OMA Trustee Training IAG One Time 5 ILCS 120/1.05 current various dates As neededLegal & Ethics QUILDRO Forms Electronic Availability SURS.org website Ongoing requirement 40 ILCS 5/1-119 current as updatedLegal & Ethics OMA Officer Training IAG Annual 5 ILCS 120/1.05 MPB 10-15-16 10/15/2017

Exhibit 9

Month

Exhibit 9