093_HB1317

 
                                     LRB093 06277 EFG 06390 b

 1        AN ACT in relation to public employee benefits.

 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 Sections  7-116,  7-142,  7-142.1,  7-144.3,  7-152,
 6    7-156, 7-169, and 7-173.1 as follows:

 7        (40 ILCS 5/7-116) (from Ch. 108 1/2, par. 7-116)
 8        Sec. 7-116. "Final rate of earnings":
 9        (a)  For  retirement  and survivor annuities, the monthly
10    earnings obtained by dividing the total earnings received  by
11    the   employee  during  the  period  of  either  (1)  the  48
12    consecutive months of service within the last 120  months  of
13    service  in  which his total earnings were the highest or (2)
14    the employee's total period of  service,  by  the  number  of
15    months of service in such period.
16        (b)  For   death   benefits,   the  higher  of  the  rate
17    determined under paragraph  (a)  of  this  Section  or  total
18    earnings received in the last 12 months of service divided by
19    twelve.   If the deceased employee has less than 12 months of
20    service, the monthly final rate shall be the monthly rate  of
21    pay the employee was receiving when he began service.
22        (c)  For  disability  benefits,  the  total earnings of a
23    participating employee in the  last  12  calendar  months  of
24    service prior to the date he becomes disabled divided by 12.
25        (d)  For  persons  who  have at least 20 years of service
26    credit as a sheriff's law enforcement employee, the  rate  of
27    earnings  on  the  last  day of service in that capacity, the
28    average rate of earnings during  any  12  consecutive  months
29    within the last 48 months of service in that capacity, or the
30    rate  determined  under the other provisions of this Section,
31    whichever is greater.
 
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 1        (e)  In computing the final rate  of  earnings:  (1)  the
 2    earnings  rate  for  all  periods  of  prior service shall be
 3    considered equal to the average earnings rate for the last  3
 4    calendar  years of prior service for which creditable service
 5    is received under Section 7-139 or, if there is less  than  3
 6    years  of creditable prior service, the average for the total
 7    prior service period for which creditable service is received
 8    under Section  7-139;  (2)  for  out  of  state  service  and
 9    authorized  leave,  the  earnings rate shall be the rate upon
10    which service credits are granted; (3)  periods  of  military
11    leave  shall not be considered; (4) the earnings rate for all
12    periods of disability shall be considered equal to  the  rate
13    of earnings upon which the employee's disability benefits are
14    computed  for such periods; (5) the earnings to be considered
15    for each of the final three  months  of  the  final  earnings
16    period  shall  not exceed 125% of the highest earnings of any
17    other month in the final earnings period; and (6) the  annual
18    amount  of final rate of earnings shall be the monthly amount
19    multiplied by  the  number  of  months  of  service  normally
20    required by the position in a year.
21    (Source: P.A. 90-448, eff. 8-16-97.)

22        (40 ILCS 5/7-142) (from Ch. 108 1/2, par. 7-142)
23        Sec. 7-142.  Retirement annuities - Amount.
24        (a)  The  amount of a retirement annuity shall be the sum
25    of the following, determined in accordance with the actuarial
26    tables in effect at the time of the grant of the annuity:
27             1.  For employees with 8 or more years  of  service,
28        an  annuity  computed pursuant to subparagraphs a or b of
29        this subparagraph 1, whichever is  the  higher,  and  for
30        employees  with  less than 8 years of service the annuity
31        computed pursuant to subparagraph a:
32                  a.  The monthly annuity which can  be  provided
33             from  the total accumulated normal, municipality and
 
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 1             prior service credits, as of the attained age of the
 2             employee on the date  the  annuity  begins  provided
 3             that  such annuity shall not exceed 75% of the final
 4             rate of earnings of the employee.
 5                  b.  (i) The monthly annuity  amount  determined
 6             as  follows by multiplying (a) 1 2/3% for annuitants
 7             with not more than 15 years or (b) 1  2/3%  for  the
 8             first  15 years and 2% for each year in excess of 15
 9             years for annuitants with more than 15 years by  the
10             number of years plus fractional years, prorated on a
11             basis  of months, of creditable service and multiply
12             the product thereof by the employee's final rate  of
13             earnings.
14                  (ii)  For  the  sole  purpose  of computing the
15             formula (and not for the purposes of the limitations
16             hereinafter stated) $125  shall  be  considered  the
17             final  rate of earnings in all cases where the final
18             rate of earnings is less than such amount.
19                  (iii)  The   monthly   annuity   computed    in
20             accordance  with  this  subparagraph  b,  shall  not
21             exceed  an  amount equal to 75% of the final rate of
22             earnings.
23                  (iv)  For employees who have less than 35 years
24             of service, the annuity computed in accordance  with
25             this  subparagraph  b  (as reduced by application of
26             subparagraph (iii) above) shall be reduced by  0.25%
27             thereof  (0.5%  if  service  was  terminated  before
28             January  1, 1988) for each month or fraction thereof
29             (1) that the employee's age is less than  60  years,
30             or  (2)  if  the  employee  has at least 30 years of
31             service credit, that the employee's  service  credit
32             is  less  than  35  years, whichever is less, on the
33             date the annuity begins.
34             2.  The annuity which can be provided from the total
 
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 1        accumulated additional credits as of the attained age  of
 2        the employee on the date the annuity begins.
 3        (b)  If  payment  of  an  annuity  begins  prior  to  the
 4    earliest  age  at which the employee will become eligible for
 5    an  old  age  insurance  benefit  under  the  Federal  Social
 6    Security Act, he may elect that  the  annuity  payments  from
 7    this fund shall exceed those payable after his attaining such
 8    age  by  an  amount,  computed  as determined by rules of the
 9    Board, but not in excess of  his  estimated  Social  Security
10    Benefit,  determined as of the effective date of the annuity,
11    provided that in no case shall  the  total  annuity  payments
12    made by this fund exceed in actuarial value the annuity which
13    would have been payable had no such election been made.
14        (c)  The  retirement annuity shall be increased each year
15    by 2%, not compounded, of  the  monthly  amount  of  annuity,
16    taking  into consideration any adjustment under paragraph (b)
17    of this Section.   This  increase  shall  be  effective  each
18    January  1  and  computed  from  the  effective  date  of the
19    retirement annuity, the first increase being 0.167% .167%  of
20    the  monthly  amount  times  the  number  of  months from the
21    effective date to January 1.  Beginning January 1,  1984  and
22    thereafter,  the retirement annuity (including any retirement
23    annuity calculated under Section 7-142.1 or 7-145.1) shall be
24    increased by 3% each year, not compounded; except that for  a
25    person who retires on or after July 1, 2003 with a retirement
26    annuity  calculated  under  Section 7-142.1 (or under Section
27    7-145.1, if the annuitant was otherwise eligible to have  the
28    retirement  annuity  calculated  under  Section 7-142.1), the
29    annual increases under this Section shall be 3% of the  total
30    amount  of  the retirement annuity payable at the time of the
31    increase, including any increases  previously  granted  under
32    this Article.
33        This  increase  shall not be applicable to annuitants who
34    are not in service on or after September 8, 1971.
 
                            -5-      LRB093 06277 EFG 06390 b
 1    (Source: P.A. 91-357, eff. 7-29-99.)

 2        (40 ILCS 5/7-142.1) (from Ch. 108 1/2, par. 7-142.1)
 3        Sec. 7-142.1.  Sheriff's law enforcement employees.
 4        (a)  In  lieu  of  the  retirement  annuity  provided  by
 5    subparagraph 1 of paragraph (a) of Section 7-142:
 6        Any sheriff's law enforcement employee who has 20 or more
 7    years of service in that capacity and who terminates  service
 8    prior  to  January 1, 1988 shall be entitled at his option to
 9    receive a monthly retirement annuity for  his  service  as  a
10    sheriff's law enforcement employee computed by multiplying 2%
11    for each year of such service up to 10 years, 2 1/4% for each
12    year of such service above 10 years and up to 20 years, and 2
13    1/2%  for  each  year  of such service above 20 years, by his
14    annual final rate of earnings and dividing by 12.
15        Any sheriff's law enforcement employee who has 20 or more
16    years of service in that capacity and who terminates  service
17    on  or after January 1, 1988 and before July 1, 2003 shall be
18    entitled at  his  option  to  receive  a  monthly  retirement
19    annuity  for  his  service  as  a  sheriff's  law enforcement
20    employee computed by multiplying 2.5% for each year  of  such
21    service  up  to  20  years,  2% for each year of such service
22    above 20 years and up to 30 years, and 1% for  each  year  of
23    such  service  above  30  years,  by his annual final rate of
24    earnings and dividing by 12.
25        Any sheriff's law enforcement employee who has 20 or more
26    years of service in that capacity and who terminates  service
27    on  or  after  July  1,  2003 shall be entitled at his or her
28    option to receive a monthly retirement annuity for service as
29    a sheriff's law enforcement employee computed by  multiplying
30    2.5%  for  each year of such service by his annual final rate
31    of earnings and dividing by 12.
32        If a sheriff's law enforcement employee  has  service  in
33    any  other  capacity, his retirement annuity for service as a
 
                            -6-      LRB093 06277 EFG 06390 b
 1    sheriff's law enforcement employee may be computed under this
 2    Section and the retirement  annuity  for  his  other  service
 3    under Section 7-142.
 4        In  no  case  shall  the total monthly retirement annuity
 5    exceed 75% of the monthly final rate of earnings.
 6        (b)  Whenever  continued  group  insurance  coverage   is
 7    elected  in accordance with the provisions of Section 367h of
 8    the Illinois Insurance Code, as now or hereafter amended, the
 9    total monthly premium  for  such  continued  group  insurance
10    coverage  or  such  portion  thereof  as  is  not paid by the
11    municipality shall, upon request of the person electing  such
12    continued  group  insurance  coverage,  be  deducted from any
13    monthly pension benefit  otherwise  payable  to  such  person
14    pursuant  to  this Section, to be remitted by the Fund to the
15    insurance  company  or  other  entity  providing  the   group
16    insurance coverage.
17        (c)  A sheriff's law enforcement employee who has service
18    in  any  other  capacity  may  convert up to 10 years of that
19    service into service as a sheriff's law enforcement  employee
20    by  paying  to  the  Fund  an  amount equal to the additional
21    contribution required under Section 7-173.1, plus interest at
22    the prescribed rate from the date of the service to the  date
23    of payment.
24    (Source: P.A. 85-941.)

25        (40 ILCS 5/7-144.3) (from Ch. 108 1/2, par. 7-144.3)
26        Sec. 7-144.3. Supplemental benefit payment.
27        (a)  A  supplemental benefit payment, consisting of a sum
28    calculated as provided in subsection (c), shall be payable to
29    each  eligible  retirement  annuitant  and  surviving  spouse
30    annuitant on July 1, 1993, and on each  subsequent  July  1.;
31    except   that   if   this  Code  is  amended  to  change  the
32    uncompounded annual increase in retirement annuity granted in
33    subsection (c)  of  Section  7-142  to  a  compounded  annual
 
                            -7-      LRB093 06277 EFG 06390 b
 1    increase,   No  supplemental benefit shall be paid under this
 2    Section to a person who retires on or after July 1, 2003 with
 3    a retirement annuity calculated  under  Section  7-142.1  (or
 4    under   Section  7-145.1,  if  the  annuitant  was  otherwise
 5    eligible to have  the  retirement  annuity  calculated  under
 6    Section  7-142.1);  but  this exclusion does not apply to the
 7    surviving spouses of those persons on any July 1 occurring on
 8    or after the effective date of that amendment.  The amount of
 9    the supplemental benefit payment, and a person's  eligibility
10    to   receive  the  supplemental  benefit  payment,  shall  be
11    redetermined for each year in which the benefit is payable.
12        (b)  To be eligible to  receive  a  supplemental  benefit
13    payment,  a  person  must be entitled to receive a retirement
14    annuity or surviving spouse annuity from the Fund on the July
15    1 supplemental benefit  payment  date,  and  must  have  been
16    receiving   that   annuity  during  each  of  the  12  months
17    immediately preceding that  date;  except  that  a  surviving
18    spouse  annuitant  whose  surviving spouse annuity began less
19    than one year before the July 1 supplemental benefit  payment
20    date  shall  be  eligible  if  the deceased spouse received a
21    retirement annuity from the Fund during the period  from  the
22    previous  July  1  until  the  start  of the surviving spouse
23    annuity.
24        (c)  The amount of the supplemental benefit payment shall
25    be determined by the Board as follows:
26             (1)  The total amount available for the  payment  of
27        supplemental  benefit  payments under this Section in any
28        year shall be 0.62%  of  the  last  annual  participating
29        payroll   for   all   participating   municipalities  and
30        participating   instrumentalities   in   the   Fund,   as
31        determined and reconciled by the Fund.
32             (2)  The amount of the supplemental benefit  payment
33        to  each  eligible person shall be a portion of the total
34        amount available  under  paragraph  (1),  equal  to  that
 
                            -8-      LRB093 06277 EFG 06390 b
 1        portion  of  the  total amount payable by the Fund to all
 2        eligible persons  for  retirement  and  surviving  spouse
 3        annuities  in  the June preceding the July 1 supplemental
 4        benefit payment date, that is  payable  to  the  eligible
 5        person in that month.
 6             (3)  Notwithstanding  paragraph  (2),  the amount of
 7        any supplemental benefit payment  paid  to  an  annuitant
 8        under   this   Section   shall  not  exceed  any  benefit
 9        limitations established by  the  federal  government  for
10        qualified public pension plans.
11    (Source: P.A. 87-850.)

12        (40 ILCS 5/7-152) (from Ch. 108 1/2, par. 7-152)
13        Sec. 7-152.  Disability benefits - Amount.  The amount of
14    the  monthly  temporary  and  total  and permanent disability
15    benefits shall be 50% of the participating  employee's  final
16    rate of earnings on the date disability was incurred, subject
17    to the following adjustments:
18        (a)  If  the participating employee has a reduced rate of
19    earnings  at  the  time  his  employment  ceases  because  of
20    disability, the rate of earnings shall  be  computed  on  the
21    basis of his last 12 month period of full-time employment.
22        (b)  If  the  participating  employee  is  eligible for a
23    disability benefit under the federal Social Security Act, the
24    amount of monthly disability benefits shall be  reduced,  but
25    not  to  less  than  $10  a  month, by the amount he would be
26    eligible to receive as a disability benefit under the federal
27    Social Security Act, whether or not because of service  as  a
28    covered  employee under this Article.  The reduction shall be
29    effective as of the month the employee is eligible for Social
30    Security  disability  benefits.   The  Board  may  make  such
31    reduction if it appears that the employee may be so  eligible
32    pending  determination of eligibility and make an appropriate
33    adjustment if necessary after  such  determination.   If  the
 
                            -9-      LRB093 06277 EFG 06390 b
 1    employee,  because  of  his  refusal to accept rehabilitation
 2    services under the federal Rehabilitation Act of 1973 or  the
 3    federal  Social  Security  Act,  or  because  he is receiving
 4    workers'  compensation  benefits,  has  his  Social  Security
 5    benefits reduced or terminated, the disability benefit  shall
 6    be  reduced as if the employee were receiving his full Social
 7    Security disability benefit.
 8        (c)  If the employee (i) is  over  the  age  for  a  full
 9    Social  Security  old-age  insurance  benefit,  (ii)  was not
10    eligible for a Social Security disability benefit immediately
11    before reaching that age, and (iii) is eligible  for  a  full
12    Social Security old-age insurance benefit, then the amount of
13    the  monthly  disability benefit shall be reduced, but not to
14    less than $10 a month, by the amount of the old-age insurance
15    benefit to which the employee is entitled, whether or not the
16    employee applies for the Social  Security  old-age  insurance
17    benefit.  This reduction shall be made in the month after the
18    month in which the employee attains the age for a full Social
19    Security old-age insurance benefit.  However, if the employee
20    was  receiving  a  Social  Security disability benefit before
21    reaching the age for a full Social Security old-age insurance
22    benefit, the disability benefits  after  that  age  shall  be
23    determined under subsection (b) of this Section.
24        (d)  The  amount  of  disability  benefits  shall  not be
25    reduced by reason of any increase, other than  one  resulting
26    from  a  correction  in  the  employee's wage records, in the
27    amount of disability or old-age insurance benefits under  the
28    federal  Social  Security  Act  which  takes effect after the
29    month of the initial reduction under paragraph (b) or (c)  of
30    this Section.
31        (e)  If  the  employee in any month receives compensation
32    from gainful employment which is more than 25% of  the  final
33    rate  of earnings on which his disability benefits are based,
34    the temporary disability benefit payable for that month shall
 
                            -10-     LRB093 06277 EFG 06390 b
 1    be reduced by an amount equal to such excess.
 2        (f)  An employee who has been disabled for  at  least  30
 3    days may return to work for the employer on a part-time basis
 4    for  a  trial work period of up to one year, during which the
 5    disability shall be deemed to continue.  Service credit shall
 6    continue to accrue and the disability benefit shall  continue
 7    to  be  paid  during  the  trial work period, but the benefit
 8    shall be reduced by the amount of earnings  received  by  the
 9    disabled  employee.   Return  to service on a full-time basis
10    shall terminate the trial work period.  The  reduction  under
11    this  subsection  (f)  shall  be in lieu of the reduction, if
12    any, required under subsection (e).
13        (g)  Beginning January 1, 1988, every total and permanent
14    disability benefit shall be increased by 3% of  the  original
15    amount  of  the  benefit,  not  compounded, on each January 1
16    following the later of (1) the date the total  and  permanent
17    disability  benefit  begins,  or  (2)  the date the total and
18    permanent disability benefit would have begun if the employee
19    had been paid a temporary disability benefit for 30 months.
20        (h)  Beginning July 1, 2003, the basic disability benefit
21    for a sheriff's law enforcement employee whose disability  is
22    the  result  of  sickness, accident, or injury incurred in or
23    resulting from the performance of an act of duty shall be 65%
24    of the employee's final rate of  earnings  on  the  date  the
25    disability  was  incurred,  rather  than  the  50%  otherwise
26    provided  under  this  Section.   A sheriff's law enforcement
27    employee who meets the requirement of this subsection (h) and
28    is receiving a disability benefit on that date shall have the
29    benefit increased accordingly.
30    (Source: P.A. 92-424, eff. 8-17-01.)

31        (40 ILCS 5/7-156) (from Ch. 108 1/2, par. 7-156)
32        Sec. 7-156.  Surviving spouse annuities - amount.
33        (a)  The amount of surviving spouse annuity shall be:
 
                            -11-     LRB093 06277 EFG 06390 b
 1        1.  Upon the death  of  an  employee  annuitant  or  such
 2    person entitled, upon application, to a retirement annuity at
 3    date  of  death, (i) an amount equal to 1/2 of the retirement
 4    annuity (in the case of such a person who dies  on  or  after
 5    July 1, 2003 with at least 20 years of service as a sheriff's
 6    law  enforcement  employee,  66%  of  the retirement annuity)
 7    which was or would have been payable exclusive of the  amount
 8    so  payable  which  was provided from additional credits, and
 9    disregarding any election made under paragraph (b) of Section
10    7-142, plus (ii) an annuity which could be  provided  at  the
11    then attained age of the surviving spouse and under actuarial
12    tables  then  in  effect,  from  the excess of the additional
13    credits,  (excluding  any  such  credits  used  to  create  a
14    reversionary annuity) used to  provide  the  annuity  granted
15    pursuant  to  paragraph  (a)  (2)  of  Section  7-142 of this
16    article  over  the  total  annuity  payments  made   pursuant
17    thereto.
18        2.  Upon  the  death  of  a  participating employee on or
19    after attainment of age 55, an amount equal  to  1/2  of  the
20    retirement  annuity (in the case of such a person who dies on
21    or after July 1, 2003 with at least 20 years of service as  a
22    sheriff's  law  enforcement  employee,  66% of the retirement
23    annuity) which he could have had as of the date of death  had
24    he  then  retired  and  applied for annuity, exclusive of the
25    portion  thereof  which  could  have   been   provided   from
26    additional credits, and disregarding paragraph (b) of Section
27    7-142,  plus  an  amount  equal to the annuity which could be
28    provided from the total of his accumulated additional credits
29    at date of death, on the basis of the  attained  age  of  the
30    surviving spouse on such date.
31        3.  Upon the death of a participating employee before age
32    55,  an amount equal to 1/2 of the retirement annuity (in the
33    case of such a person who dies on or after July 1, 2003  with
34    at  least  20 years of service as a sheriff's law enforcement
 
                            -12-     LRB093 06277 EFG 06390 b
 1    employee, 66% of the retirement annuity) which he could  have
 2    had  as of his attained age on the date of death, had he then
 3    retired and applied for annuity, and the provisions  of  this
 4    Article  that  no such annuity shall begin until the employee
 5    has attained at least age 55 were not  applicable,  exclusive
 6    of  the  portion  thereof which could have been provided from
 7    additional credits and disregarding paragraph (b) of  Section
 8    7-142,  plus  an  amount  equal to the annuity which could be
 9    provided from the total of his accumulated additional credits
10    at date of death, on the basis of the  attained  age  of  the
11    surviving spouse on such date.
12        In  the case of the surviving spouse of a person who dies
13    before the effective date of this amendatory Act of the  93rd
14    General  Assembly,  if  the a surviving spouse is more than 5
15    years younger than the deceased, that portion of the  annuity
16    which  is not based on additional credits shall be reduced in
17    the ratio of the value of a life annuity of $1 per year at an
18    age of 5 years less than the attained age of the deceased, at
19    the earlier of  the  date  of  the  death  or  the  date  his
20    retirement  annuity begins, to the value of a life annuity of
21    $1 per year at the attained age of the  surviving  spouse  on
22    such  date,  according  to  actuarial  tables approved by the
23    Board.  This reduction does not apply to the surviving spouse
24    of a person who dies on or after the effective date  of  this
25    amendatory Act of the 93rd General Assembly.
26        In  computing  the  amount of a surviving spouse annuity,
27    incremental increases of retirement annuities to the date  of
28    death of the employee annuitant shall be considered.
29        (b)  Each  surviving spouse annuity payable on January 1,
30    1988 shall be increased on that date by 3%  of  the  original
31    amount  of  the  annuity.  Each surviving spouse annuity that
32    begins after January  1,  1988  shall  be  increased  on  the
33    January  1  next  occurring  after  the annuity begins, by an
34    amount equal to (i) 3% of the original amount thereof if  the
 
                            -13-     LRB093 06277 EFG 06390 b
 1    deceased  employee  was receiving a retirement annuity at the
 2    time of his death; otherwise  (ii)  0.167%  of  the  original
 3    amount  thereof  for  each  complete  month which has elapsed
 4    since the date the annuity began.
 5        On each January 1 after the date of the initial  increase
 6    under this subsection, each surviving spouse annuity shall be
 7    increased  by  3%  of  the  originally  granted amount of the
 8    annuity.
 9    (Source: P.A. 85-941.)

10        (40 ILCS 5/7-169) (from Ch. 108 1/2, par. 7-169)
11        Sec. 7-169.   Separation  benefits;  repayments.   If  an
12    employee  who  has received a separation benefit subsequently
13    becomes a participating employee,  and  renders  at  least  2
14    years of contributing service from the date of such re-entry,
15    he  may pay to the fund the amount of the separation benefit,
16    plus interest at the effective rate for each  year  from  the
17    date  of  payment  of  the  separation benefit to the date of
18    repayment.  Upon payment  his  creditable  service  shall  be
19    reinstated  and  the payment shall be credited to his account
20    as  normal  contributions.   Beginning  July  1,  2003,   the
21    requirement of returning to service for at least 2 years does
22    not apply to persons who return to service as a sheriff's law
23    enforcement employee.
24    (Source: P.A. 84-1028.)

25        (40 ILCS 5/7-173.1) (from Ch. 108 1/2, par. 7-173.1)
26        Sec.  7-173.1.  Additional  contribution by sheriff's law
27    enforcement employees.
28        (a)  Each sheriff's law enforcement employee  shall  make
29    an  additional contribution of 1% of earnings, which shall be
30    considered as normal contributions.  For earnings on or after
31    July 1, 1988, the additional  contribution  shall  be  2%  of
32    earnings.   For  earnings  on  or  after  July  1,  2003, the
 
                            -14-     LRB093 06277 EFG 06390 b
 1    additional contribution  shall  be  3.1%  of  earnings;  this
 2    increase  is intended to defray the employee's portion of the
 3    cost of the benefit increases provided by this amendatory Act
 4    of the 93rd General Assembly.
 5        This  additional  contribution  shall  be   payable   for
 6    retroactive  service  periods  which  the  employee elects to
 7    establish and to periods of authorized leave of absence.
 8        (b)  If the employee  is  awarded  a  retirement  annuity
 9    under  Section  7-142 and not under Section 7-142.1, then the
10    additional contribution required under this Section shall  be
11    refunded with interest or paid as provided in subsection (c).
12    If  the  employee  returns  to  a  participating  status as a
13    sheriff's law enforcement employee, the  employee  may  repay
14    the   amount  refunded  with  interest  and  upon  subsequent
15    retirement be entitled to a recomputation of  the  retirement
16    annuity  under  Section  7-142.1  if  the  total service as a
17    sheriff's law enforcement employee meets the requirements  of
18    that Section.
19        (c)  Instead  of  a  refund  under  subsection  (b),  the
20    retiring  employee  may  elect  to  convert the amount of the
21    refund  into  an  annuity,  payable   separately   from   the
22    retirement   annuity.   If  the  annuitant  dies  before  the
23    guaranteed amount has been distributed, the  remainder  shall
24    be  paid  in  a lump sum to the designated beneficiary of the
25    annuitant.  The Board shall adopt any rules necessary for the
26    implementation of this subsection.
27    (Source: P.A. 90-766, eff. 8-14-98.)

28        Section 90.  The State Mandates Act is amended by  adding
29    Section 8.27 as follows:

30        (30 ILCS 805/8.27 new)
31        Sec.  8.27.  Exempt  mandate.  Notwithstanding Sections 6
32    and 8 of this Act, no reimbursement by the State is  required
 
                            -15-     LRB093 06277 EFG 06390 b
 1    for  the  implementation  of  any  mandate  created  by  this
 2    amendatory Act of the 93rd General Assembly.

 3        Section  99.  Effective date.  This Act takes effect upon
 4    becoming law.