Public Act 095-0654
 		





HB3578 Enrolled
LRB095 11357 AMC 32113 b






    AN ACT concerning public employee benefits.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:

 
    Section 5. The Illinois Pension Code is amended  by changing 
Section 9-121.6 as follows:
 



    (40 ILCS 5/9-121.6)  (from Ch. 108 1/2, par. 9-121.6)



    Sec. 9-121.6. Alternative annuity for county officers. (a) 
Any
county officer elected by vote of the people may elect to 
establish
alternative credits for an alternative annuity by 
electing in writing to
make additional optional contributions 
in accordance with this Section and
procedures established by 
the board. Such elected county officer
may discontinue making 
the additional optional contributions by notifying
the Fund in 
writing in accordance with this Section and procedures

established by the board.

    Additional optional contributions for the alternative 
annuity shall
be as follows:

    (1) For service after the option is elected, an additional 
contribution
of 3% of salary shall be contributed to the Fund 
on the same basis and
under the same conditions as 
contributions required under Sections 9-170
and 9-176.

    (2) For service before the option is elected, an additional

contribution of 3% of the salary for the applicable period of 
service, plus
interest at the effective rate from the date of 
service to the date of
payment.  All payments for past service 
must be paid in full before credit
is given.  No additional 
optional contributions may be made for any period
of service 
for which credit has been previously forfeited by acceptance of

a refund, unless the refund is repaid in full with interest at 
the
effective rate from the date of refund to the date of 
repayment.

    (b) In lieu of the retirement annuity otherwise payable 
under this
Article, any county officer elected by vote of the 
people who (1) has
elected to participate in the Fund and make 
additional optional
contributions in accordance with this 
Section, and (2)
has attained age 60 with at least 10 years of 
service credit,
or has attained age 65 with at least 8 years of 
service credit, may elect
to have his retirement annuity 
computed as follows:  3% of the
participant's salary at the time 
of termination of service for each of the
first 8 years of 
service credit, plus 4% of such salary for each of the
next 4 
years of service credit, plus
5% of such salary for each year 
of service credit in excess of 12 years,
subject to a maximum 
of 80% of such salary.  To the extent such elected
county 
officer has made additional optional contributions with 
respect to
only a portion of his years of service credit, his 
retirement annuity will
first be determined in accordance with 
this Section to the extent such
additional optional 
contributions were made, and then in accordance with
the 
remaining Sections of this Article to the extent of years of 
service
credit with respect to which additional optional 
contributions were not made.

    (c) In lieu of the disability benefits otherwise payable 
under this
Article, any county officer elected by vote of the 
people who (1) has
elected to participate in the Fund, and (2) 
has become
permanently disabled and as a consequence is unable 
to perform the duties
of his office, and (3) was making 
optional contributions in accordance with
this Section at the 
time the disability was incurred, may elect to receive
a 
disability annuity calculated in
accordance with the formula in 
subsection (b).  For the purposes of this
subsection, such 
elected county officer shall be considered permanently

disabled only if:  (i) disability occurs while in service as an 
elected
county officer and is of such a nature as to prevent 
him from reasonably
performing the duties of his office at the 
time; and (ii)  the board has
received a written certification 
by at least 2 licensed physicians
appointed by it stating that 
such officer is disabled and that the
disability is likely to 
be permanent.

    (d) Refunds of additional optional contributions shall be 
made on the
same basis and under the same conditions as 
provided under Section 9-164,
9-166 and 9-167. Interest shall 
be credited at the effective rate on the
same basis and under 
the same conditions as for other contributions.
Optional 
contributions shall be accounted for in a separate Elected 
County
Officer Optional Contribution Reserve.  Optional 
contributions under this
Section shall be included in the 
amount of employee contributions used to
compute the tax levy 
under Section 9-169.

    (e) The effective date of this plan of optional alternative 
benefits
and contributions shall be January 1, 1988, or the 
date upon which
approval is received from the U.S. Internal 
Revenue Service, whichever is
later.  The plan of optional 
alternative benefits and contributions shall
not be available 
to any former county officer or employee receiving an
annuity 
from the Fund on the effective date of the plan, unless he

re-enters service as an elected county officer and renders at 
least 3 years
of additional service after the date of re-entry.

    (f) The plan of optional alternative benefits and 
contributions authorized under this Section applies only to 
county officers elected by vote of the people on or before the 
effective date of this amendatory Act of the 95th General 
Assembly.

(Source: P.A. 85-964.)

 
    Section 90. The State Mandates Act is amended by adding 
Section 8.31 as follows:
 
    (30 ILCS 805/8.31 new)
    Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 
of this Act, no reimbursement by the State is required for the 
implementation of any mandate created by this amendatory Act of 
the 95th General Assembly.