[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_HB1995
LRB9103074EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Section 7-145.1 and to amend the State Mandates Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Pension Code is amended by
6 changing Section 7-145.1 as follows:
7 (40 ILCS 5/7-145.1)
8 Sec. 7-145.1. Alternative annuity for county officers.
9 (a) The benefits provided in this Section and Section
10 7-145.2 are available only if the county board has filed with
11 the Board of the Fund a resolution or ordinance expressly
12 consenting to the availability of these benefits for its
13 elected county officers. The county board's consent is
14 irrevocable.
15 An elected county officer may elect to establish
16 alternative credits for an alternative annuity by electing in
17 writing to make additional optional contributions in
18 accordance with this Section and procedures established by
19 the board. The elected county officer may discontinue making
20 the additional optional contributions by notifying the Fund
21 in writing in accordance with this Section and procedures
22 established by the board.
23 Additional optional contributions for the alternative
24 annuity shall be as follows:
25 (1) For service after the option is elected, an
26 additional contribution of 3% of salary shall be
27 contributed to the Fund on the same basis and under the
28 same conditions as contributions required under Section
29 7-173.
30 (2) For service before the option is elected, an
31 additional contribution of 3% of the salary for the
-2- LRB9103074EGfg
1 applicable period of service, plus interest at the
2 effective rate from the date of service to the date of
3 payment. All payments for past service must be paid in
4 full before credit is given. No additional optional
5 contributions may be made for any period of service for
6 which credit has been previously forfeited by acceptance
7 of a refund, unless the refund is repaid in full with
8 interest at the effective rate from the date of refund to
9 the date of repayment.
10 (b) In lieu of the retirement annuity otherwise payable
11 under this Article, an elected county officer who (1) has
12 elected to participate in the Fund and make additional
13 optional contributions in accordance with this Section and
14 (2) has attained age 55 with at least 8 years of service
15 credit (or has attained age 50 with at least 20 years of
16 service as a sheriff's law enforcement employee) may elect to
17 have his retirement annuity computed as follows: 3% of the
18 participant's salary at the time of termination of service
19 for each of the first 8 years of service credit, plus 4% of
20 that salary for each of the next 4 years of service credit,
21 plus 5% of that salary for each year of service credit in
22 excess of 12 years, subject to a maximum of 80% of that
23 salary.
24 In the case of a person who first makes an additional
25 optional contribution under this Section on or after the
26 effective date of this amendatory Act of the 91st General
27 Assembly, the determination of the person's "salary at the
28 time of termination of service" shall not be based on salary
29 received for any period during which the person was appointed
30 rather than elected to an elected county office.
31 To the extent that the elected county officer has made
32 additional optional contributions with respect to only a
33 portion of his years of service credit, his retirement
34 annuity will first be determined in accordance with this
-3- LRB9103074EGfg
1 Section to the extent that additional optional contributions
2 were made, and then in accordance with the remaining Sections
3 of this Article to the extent of years of service credit with
4 respect to which additional optional contributions were not
5 made.
6 (c) In lieu of the disability benefits otherwise payable
7 under this Article, an elected county officer who (1) has
8 elected to participate in the Fund, and (2) has become
9 permanently disabled and as a consequence is unable to
10 perform the duties of his office, and (3) was making optional
11 contributions in accordance with this Section at the time the
12 disability was incurred, may elect to receive a disability
13 annuity calculated in accordance with the formula in
14 subsection (b). For the purposes of this subsection, an
15 elected county officer shall be considered permanently
16 disabled only if: (i) disability occurs while in service as
17 an elected county officer and is of such a nature as to
18 prevent him from reasonably performing the duties of his
19 office at the time; and (ii) the board has received a written
20 certification by at least 2 licensed physicians appointed by
21 it stating that the officer is disabled and that the
22 disability is likely to be permanent.
23 (d) Refunds of additional optional contributions shall
24 be made on the same basis and under the same conditions as
25 provided under Section 7-166, 7-167 and 7-168. Interest
26 shall be credited at the effective rate on the same basis and
27 under the same conditions as for other contributions.
28 (e) The plan of optional alternative benefits and
29 contributions shall be available to persons who are elected
30 county officers and active contributors to the Fund on or
31 after November 15, 1994. A person who was an elected county
32 officer and an active contributor to the Fund on November 15,
33 1994 but is no longer an active contributor may apply to make
34 additional optional contributions under this Section at any
-4- LRB9103074EGfg
1 time within 90 days after the effective date of this
2 amendatory Act of 1997; if the person is an annuitant, the
3 resulting increase in annuity shall begin to accrue on the
4 first day of the month following the month in which the
5 required payment is received by the Fund.
6 (f) For the purposes of this Section and Section
7 7-145.2, the terms "elected county officer" and "elected
8 county office" include, but are not limited to: (1) the
9 county clerk, recorder, treasurer, coroner, assessor (if
10 elected), auditor, sheriff, and State's Attorney; members of
11 the county board; and the clerk of the circuit court; and (2)
12 a person who has been appointed to fill a vacancy in an
13 office that is normally filled by election on a countywide
14 basis, for the duration of his or her service in that office.
15 The terms "elected county officer" and "elected county
16 office" do not include any officer or office of a county that
17 has not consented to the availability of benefits under this
18 Section and Section 7-145.2.
19 (Source: P.A. 90-32, eff. 6-27-97.)
20 Section 90. The State Mandates Act is amended by adding
21 Section 8.23 as follows:
22 (30 ILCS 805/8.23 new)
23 Sec. 8.23. Exempt mandate. Notwithstanding Sections 6
24 and 8 of this Act, no reimbursement by the State is required
25 for the implementation of any mandate created by this
26 amendatory Act of the 91st General Assembly.
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.