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91_SB1219
LRB9106219EGfg
1 AN ACT to amend the Illinois Pension Code.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Pension Code is amended by
5 changing Section 7-145.1 as follows:
6 (40 ILCS 5/7-145.1)
7 Sec. 7-145.1. Alternative annuity for county officers.
8 (a) The benefits provided in this Section and Section
9 7-145.2 are available only if the county board has filed with
10 the Board of the Fund a resolution or ordinance expressly
11 consenting to the availability of these benefits for its
12 elected county officers. The county board's consent is
13 irrevocable with respect to persons participating in the
14 program, but may be revoked at any time with respect to
15 persons who have not paid an additional optional contribution
16 under this Section before the date of revocation.
17 An elected county officer may elect to establish
18 alternative credits for an alternative annuity by electing in
19 writing to make additional optional contributions in
20 accordance with this Section and procedures established by
21 the board. The elected county officer may discontinue making
22 the additional optional contributions by notifying the Fund
23 in writing in accordance with this Section and procedures
24 established by the board.
25 Additional optional contributions for the alternative
26 annuity shall be as follows:
27 (1) For service after the option is elected, an
28 additional contribution of 3% of salary shall be
29 contributed to the Fund on the same basis and under the
30 same conditions as contributions required under Section
31 7-173.
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1 (2) For service before the option is elected, an
2 additional contribution of 3% of the salary for the
3 applicable period of service, plus interest at the
4 effective rate from the date of service to the date of
5 payment. All payments for past service must be paid in
6 full before credit is given. No additional optional
7 contributions may be made for any period of service for
8 which credit has been previously forfeited by acceptance
9 of a refund, unless the refund is repaid in full with
10 interest at the effective rate from the date of refund to
11 the date of repayment.
12 (b) In lieu of the retirement annuity otherwise payable
13 under this Article, an elected county officer who (1) has
14 elected to participate in the Fund and make additional
15 optional contributions in accordance with this Section and
16 (2) has attained age 55 with at least 8 years of service
17 credit (or has attained age 50 with at least 20 years of
18 service as a sheriff's law enforcement employee) may elect to
19 have his retirement annuity computed as follows: 3% of the
20 participant's salary at the time of termination of service
21 for each of the first 8 years of service credit, plus 4% of
22 that salary for each of the next 4 years of service credit,
23 plus 5% of that salary for each year of service credit in
24 excess of 12 years, subject to a maximum of 80% of that
25 salary. To the extent that the elected county officer has
26 made additional optional contributions with respect to only a
27 portion of his years of service credit, his retirement
28 annuity will first be determined in accordance with this
29 Section to the extent that additional optional contributions
30 were made, and then in accordance with the remaining Sections
31 of this Article to the extent of years of service credit with
32 respect to which additional optional contributions were not
33 made.
34 (c) In lieu of the disability benefits otherwise payable
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1 under this Article, an elected county officer who (1) has
2 elected to participate in the Fund, and (2) has become
3 permanently disabled and as a consequence is unable to
4 perform the duties of his office, and (3) was making optional
5 contributions in accordance with this Section at the time the
6 disability was incurred, may elect to receive a disability
7 annuity calculated in accordance with the formula in
8 subsection (b). For the purposes of this subsection, an
9 elected county officer shall be considered permanently
10 disabled only if: (i) disability occurs while in service as
11 an elected county officer and is of such a nature as to
12 prevent him from reasonably performing the duties of his
13 office at the time; and (ii) the board has received a written
14 certification by at least 2 licensed physicians appointed by
15 it stating that the officer is disabled and that the
16 disability is likely to be permanent.
17 (d) Refunds of additional optional contributions shall
18 be made on the same basis and under the same conditions as
19 provided under Section 7-166, 7-167 and 7-168. Interest
20 shall be credited at the effective rate on the same basis and
21 under the same conditions as for other contributions.
22 (e) The plan of optional alternative benefits and
23 contributions shall be available to persons who are elected
24 county officers and active contributors to the Fund on or
25 after November 15, 1994. A person who was an elected county
26 officer and an active contributor to the Fund on November 15,
27 1994 but is no longer an active contributor may apply to make
28 additional optional contributions under this Section at any
29 time within 90 days after the effective date of this
30 amendatory Act of 1997; if the person is an annuitant, the
31 resulting increase in annuity shall begin to accrue on the
32 first day of the month following the month in which the
33 required payment is received by the Fund.
34 (f) For the purposes of this Section and Section
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1 7-145.2, the terms "elected county officer" and "elected
2 county office" include, but are not limited to: (1) the
3 county clerk, recorder, treasurer, coroner, assessor (if
4 elected), auditor, sheriff, and State's Attorney; members of
5 the county board; and the clerk of the circuit court; and (2)
6 a person who has been appointed to fill a vacancy in an
7 office that is normally filled by election on a countywide
8 basis, for the duration of his or her service in that office.
9 The terms "elected county officer" and "elected county
10 office" do not include any officer or office of a county that
11 has not consented to the availability of benefits under this
12 Section and Section 7-145.2.
13 (Source: P.A. 90-32, eff. 6-27-97.)
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.