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91_SB1103ham003
LRB9102714EGfgam07
1 AMENDMENT TO SENATE BILL 1103
2 AMENDMENT NO. . Amend Senate Bill 1103, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT to amend the Illinois Pension Code."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Illinois Pension Code is amended by
8 changing Section 7-145.1 as follows:
9 (40 ILCS 5/7-145.1)
10 Sec. 7-145.1. Alternative annuity for county officers.
11 (a) The benefits provided in this Section and Section
12 7-145.2 are available only if the county board has filed with
13 the Board of the Fund a resolution or ordinance expressly
14 consenting to the availability of these benefits for its
15 elected county officers. The county board's consent is
16 irrevocable with respect to persons participating in the
17 program, but may be revoked at any time with respect to
18 persons who have not paid an additional optional contribution
19 under this Section before the date of revocation.
20 An elected county officer may elect to establish
21 alternative credits for an alternative annuity by electing in
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1 writing to make additional optional contributions in
2 accordance with this Section and procedures established by
3 the board. These alternative credits are available only for
4 periods of service as an elected county officer. The elected
5 county officer may discontinue making the additional optional
6 contributions by notifying the Fund in writing in accordance
7 with this Section and procedures established by the board.
8 Additional optional contributions for the alternative
9 annuity shall be as follows:
10 (1) For service as an elected county officer after
11 the option is elected, an additional contribution of 3%
12 of salary shall be contributed to the Fund on the same
13 basis and under the same conditions as contributions
14 required under Section 7-173.
15 (2) For service as an elected county officer before
16 the option is elected, an additional contribution of 3%
17 of the salary for the applicable period of service, plus
18 interest at the effective rate from the date of service
19 to the date of payment. All payments for past service
20 must be paid in full before credit is given. No
21 additional optional contributions may be made for any
22 period of service for which credit has been previously
23 forfeited by acceptance of a refund, unless the refund is
24 repaid in full with interest at the effective rate from
25 the date of refund to the date of repayment.
26 (b) In lieu of the retirement annuity otherwise payable
27 under this Article, an elected county officer who (1) has
28 elected to participate in the Fund and make additional
29 optional contributions in accordance with this Section, (2)
30 has held and made additional optional contributions with
31 respect to the same elected county office for at least 8
32 years, and (3) (2) has attained age 55 with at least 8 years
33 of service credit (or has attained age 50 with at least 20
34 years of service as a sheriff's law enforcement employee) may
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1 elect to have his retirement annuity computed as follows: 3%
2 of the participant's salary at the time of termination of
3 service for each of the first 8 years of service credit, plus
4 4% of that salary for each of the next 4 years of service
5 credit, plus 5% of that salary for each year of service
6 credit in excess of 12 years, subject to a maximum of 80% of
7 that salary.
8 This formula applies only to service in an elected county
9 office that the officer held for at least 8 years, and only
10 to service for which additional optional contributions have
11 been paid under this Section. If an elected county officer
12 qualifies to have this formula applied to service in more
13 than one elected county office, the qualifying service shall
14 be accumulated for purposes of determining the applicable
15 accrual percentages, but the salary used for each office
16 shall be the separate salary calculated for that office, as
17 defined in subsection (g).
18 To the extent that the elected county officer has service
19 credit that does not qualify for this formula, made
20 additional optional contributions with respect to only a
21 portion of his years of service credit, his retirement
22 annuity will first be determined in accordance with this
23 formula with respect to the service to which this formula
24 applies Section to the extent that additional optional
25 contributions were made, and then in accordance with the
26 remaining Sections of this Article to the extent of years of
27 service credit with respect to the service to which this
28 formula does not apply additional optional contributions were
29 not made.
30 (c) In lieu of the disability benefits otherwise payable
31 under this Article, an elected county officer who (1) has
32 elected to participate in the Fund, and (2) has become
33 permanently disabled and as a consequence is unable to
34 perform the duties of his office, and (3) was making optional
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1 contributions in accordance with this Section at the time the
2 disability was incurred, may elect to receive a disability
3 annuity calculated in accordance with the formula in
4 subsection (b). For the purposes of this subsection, an
5 elected county officer shall be considered permanently
6 disabled only if: (i) disability occurs while in service as
7 an elected county officer and is of such a nature as to
8 prevent him from reasonably performing the duties of his
9 office at the time; and (ii) the board has received a written
10 certification by at least 2 licensed physicians appointed by
11 it stating that the officer is disabled and that the
12 disability is likely to be permanent.
13 (d) Refunds of additional optional contributions shall
14 be made on the same basis and under the same conditions as
15 provided under Section 7-166, 7-167 and 7-168. Interest
16 shall be credited at the effective rate on the same basis and
17 under the same conditions as for other contributions.
18 If an elected county officer fails to hold that same
19 elected county office for at least 8 years, he or she shall
20 be entitled after leaving office to receive a refund of the
21 additional optional contributions made with respect to that
22 office, plus interest at the effective rate.
23 (e) The plan of optional alternative benefits and
24 contributions shall be available to persons who are elected
25 county officers and active contributors to the Fund on or
26 after November 15, 1994. A person who was an elected county
27 officer and an active contributor to the Fund on November 15,
28 1994 but is no longer an active contributor may apply to make
29 additional optional contributions under this Section at any
30 time within 90 days after the effective date of this
31 amendatory Act of 1997; if the person is an annuitant, the
32 resulting increase in annuity shall begin to accrue on the
33 first day of the month following the month in which the
34 required payment is received by the Fund.
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1 (f) For the purposes of this Section and Section
2 7-145.2, the terms "elected county officer" and "elected
3 county office" include, but are not limited to: (1) the
4 county clerk, recorder, treasurer, coroner, assessor (if
5 elected), auditor, sheriff, and State's Attorney; members of
6 the county board; and the clerk of the circuit court; and (2)
7 a person who has been appointed to fill a vacancy in an
8 office that is normally filled by election on a countywide
9 basis, for the duration of his or her service in that office.
10 The terms "elected county officer" and "elected county
11 office" do not include any officer or office of a county that
12 has not consented to the availability of benefits under this
13 Section and Section 7-145.2.
14 (g) For the purposes of this Section and Section
15 7-145.2, the term "salary" means the final rate of earnings
16 for the elected county office held, calculated in a manner
17 consistent with Section 7-116, but for that office only. If
18 an elected county officer qualifies to have the formula in
19 subsection (b) applied to service in more than one elected
20 county office, a separate salary shall be calculated and
21 applied with respect to each such office.
22 (h) The changes to this Section made by this amendatory
23 Act of the 91st General Assembly apply to persons who first
24 make an additional optional contribution under this Section
25 on or after the effective date of this amendatory Act.
26 (Source: P.A. 90-32, eff. 6-27-97.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.".