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91_SB1103ham002
LRB9102714EGfgam06
1 AMENDMENT TO SENATE BILL 1103
2 AMENDMENT NO. . Amend Senate Bill 1103, AS AMENDED,
3 in the introductory portion of Section 5, by changing "and
4 7-139.1" to "7-139.1, and 7-145.1"; and
5 in Section 5, by inserting after the end of Sec. 7-139.1 the
6 following:
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 with respect to persons participating in the
15 program, but may be revoked at any time with respect to
16 persons who have not paid an additional optional contribution
17 under this Section before the date of revocation.
18 An elected county officer may elect to establish
19 alternative credits for an alternative annuity by electing in
20 writing to make additional optional contributions in
21 accordance with this Section and procedures established by
22 the board. These alternative credits are available only for
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1 periods of service as an elected county officer. The elected
2 county officer may discontinue making the additional optional
3 contributions by notifying the Fund in writing in accordance
4 with this Section and procedures established by the board.
5 Additional optional contributions for the alternative
6 annuity shall be as follows:
7 (1) For service as an elected county officer after
8 the option is elected, an additional contribution of 3%
9 of salary shall be contributed to the Fund on the same
10 basis and under the same conditions as contributions
11 required under Section 7-173.
12 (2) For service as an elected county officer before
13 the option is elected, an additional contribution of 3%
14 of the salary for the applicable period of service, plus
15 interest at the effective rate from the date of service
16 to the date of payment. All payments for past service
17 must be paid in full before credit is given. No
18 additional optional contributions may be made for any
19 period of service for which credit has been previously
20 forfeited by acceptance of a refund, unless the refund is
21 repaid in full with interest at the effective rate from
22 the date of refund to the date of repayment.
23 (b) In lieu of the retirement annuity otherwise payable
24 under this Article, an elected county officer who (1) has
25 elected to participate in the Fund and make additional
26 optional contributions in accordance with this Section, (2)
27 has held and made additional optional contributions with
28 respect to the same elected county office for at least 8
29 years, and (3) (2) has attained age 55 with at least 8 years
30 of service credit (or has attained age 50 with at least 20
31 years of service as a sheriff's law enforcement employee) may
32 elect to have his retirement annuity computed as follows: 3%
33 of the participant's salary at the time of termination of
34 service for each of the first 8 years of service credit, plus
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1 4% of that salary for each of the next 4 years of service
2 credit, plus 5% of that salary for each year of service
3 credit in excess of 12 years, subject to a maximum of 80% of
4 that salary.
5 This formula applies only to service in an elected county
6 office that the officer held for at least 8 years, and only
7 to service for which additional optional contributions have
8 been paid under this Section. If an elected county officer
9 qualifies to have this formula applied to service in more
10 than one elected county office, the qualifying service shall
11 be accumulated for purposes of determining the applicable
12 accrual percentages, but the salary used for each office
13 shall be the separate salary calculated for that office, as
14 defined in subsection (g).
15 To the extent that the elected county officer has service
16 credit that does not qualify for this formula, made
17 additional optional contributions with respect to only a
18 portion of his years of service credit, his retirement
19 annuity will first be determined in accordance with this
20 formula with respect to the service to which this formula
21 applies Section to the extent that additional optional
22 contributions were made, and then in accordance with the
23 remaining Sections of this Article to the extent of years of
24 service credit with respect to the service to which this
25 formula does not apply additional optional contributions were
26 not made.
27 (c) In lieu of the disability benefits otherwise payable
28 under this Article, an elected county officer who (1) has
29 elected to participate in the Fund, and (2) has become
30 permanently disabled and as a consequence is unable to
31 perform the duties of his office, and (3) was making optional
32 contributions in accordance with this Section at the time the
33 disability was incurred, may elect to receive a disability
34 annuity calculated in accordance with the formula in
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1 subsection (b). For the purposes of this subsection, an
2 elected county officer shall be considered permanently
3 disabled only if: (i) disability occurs while in service as
4 an elected county officer and is of such a nature as to
5 prevent him from reasonably performing the duties of his
6 office at the time; and (ii) the board has received a written
7 certification by at least 2 licensed physicians appointed by
8 it stating that the officer is disabled and that the
9 disability is likely to be permanent.
10 (d) Refunds of additional optional contributions shall
11 be made on the same basis and under the same conditions as
12 provided under Section 7-166, 7-167 and 7-168. Interest
13 shall be credited at the effective rate on the same basis and
14 under the same conditions as for other contributions.
15 If an elected county officer fails to hold that same
16 elected county office for at least 8 years, he or she shall
17 be entitled after leaving office to receive a refund of the
18 additional optional contributions made with respect to that
19 office, plus interest at the effective rate.
20 (e) The plan of optional alternative benefits and
21 contributions shall be available to persons who are elected
22 county officers and active contributors to the Fund on or
23 after November 15, 1994. A person who was an elected county
24 officer and an active contributor to the Fund on November 15,
25 1994 but is no longer an active contributor may apply to make
26 additional optional contributions under this Section at any
27 time within 90 days after the effective date of this
28 amendatory Act of 1997; if the person is an annuitant, the
29 resulting increase in annuity shall begin to accrue on the
30 first day of the month following the month in which the
31 required payment is received by the Fund.
32 (f) For the purposes of this Section and Section
33 7-145.2, the terms "elected county officer" and "elected
34 county office" include, but are not limited to: (1) the
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1 county clerk, recorder, treasurer, coroner, assessor (if
2 elected), auditor, sheriff, and State's Attorney; members of
3 the county board; and the clerk of the circuit court; and (2)
4 a person who has been appointed to fill a vacancy in an
5 office that is normally filled by election on a countywide
6 basis, for the duration of his or her service in that office.
7 The terms "elected county officer" and "elected county
8 office" do not include any officer or office of a county that
9 has not consented to the availability of benefits under this
10 Section and Section 7-145.2.
11 (g) For the purposes of this Section and Section
12 7-145.2, the term "salary" means the final rate of earnings
13 for the elected county office held, calculated in a manner
14 consistent with Section 7-116, but for that office only. If
15 an elected county officer qualifies to have the formula in
16 subsection (b) applied to service in more than one elected
17 county office, a separate salary shall be calculated and
18 applied with respect to each such office.
19 (h) The changes to this Section made by this amendatory
20 Act of the 91st General Assembly apply to persons who first
21 make an additional optional contribution under this Section
22 on or after the effective date of this amendatory Act.
23 (Source: P.A. 90-32, eff. 6-27-97.)".