95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1153

 

Introduced 2/8/2007, by Sen. John J. Millner

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/9-128.1   from Ch. 108 1/2, par. 9-128.1
30 ILCS 805/8.31 new

    Amends the Cook County Article of the Illinois Pension Code. Adds corrections officers with the County Department of Corrections who withdraw or retire after December 31, 2007 to provisions concerning annuities for members of the County Police Department. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1     AN ACT concerning 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 changing
5 Section 9-128.1 as follows:
 
6     (40 ILCS 5/9-128.1)  (from Ch. 108 1/2, par. 9-128.1)
7     Sec. 9-128.1. Annuities for members of the County Police
8 Department and the County Department of Corrections.
9     (a) In lieu of the regular or minimum annuity or annuities
10 for any deputy sheriff who is a member of a County Police
11 Department, he may, upon withdrawal from service after not less
12 than 20 years of service in the position of deputy sheriff as
13 defined below, upon or after attainment of age 55, receive a
14 total annuity equal to 2% for each year of service based upon
15 his highest average annual salary for any 4 consecutive years
16 within the last 10 years of service immediately preceding the
17 date of withdrawal from service, subject to a maximum annuity
18 equal to 75% of such average annual salary.
19     (b) Any deputy sheriff who withdraws from the service after
20 July 1, 1979, after having attained age 53 in the service with
21 23 or more years of service credit shall be entitled to an
22 annuity computed as follows if such annuity is greater than
23 that provided in the foregoing paragraphs of this Section

 

 

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1 9-128.1: An annuity equal to 50% of the average salary for the
2 4 highest consecutive years of the last 10 years of service
3 plus additional annuity equal to 2% of such average salary for
4 each completed year of service or fraction thereof rendered
5 after his attainment of age 53 and the completion of 23 years
6 of service, plus an additional annuity equal to 1% of such
7 average salary for each completed year of service or fraction
8 thereof in excess of 23 years up to age 53.
9     (c) Any deputy sheriff who withdraws from the service after
10 December 31, 1987 and any corrections officer with the County
11 Department of Corrections who withdraws from service after
12 December 31, 2007 with a total of 20 or more years of service
13 credit, shall be entitled, upon attainment of age 50, to an
14 annuity computed as follows if such annuity is greater than
15 that provided in the foregoing paragraphs of this Section
16 9-128.1: An annuity equal to 50% of the average salary for the
17 4 highest consecutive years of the last 10 years of service,
18 plus additional annuity equal to 2% of such average salary for
19 each completed year of service or fraction thereof in excess of
20 20 years.
21     (d) A deputy sheriff who reaches compulsory retirement age
22 and a corrections officer with the County Department of
23 Corrections who reaches compulsory retirement age after
24 December 31, 2007 who has less than 23 years of combined
25 service shall be entitled to a minimum annuity equal to an
26 amount determined by the product of (1) his years of service

 

 

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1 and (2) 2% of his average salary for the 4 consecutive highest
2 years of salary within the last 10 years of service immediately
3 prior to his reaching compulsory retirement age.
4     (e) Any deputy sheriff who retires after January 1, 1984
5 and any corrections officer with the County Department of
6 Corrections who retires after December 31, 2007 who elects to
7 receive an annuity under this Section, and who has credits
8 under this Article for service not as a deputy sheriff or a
9 corrections officer with the County Department of Corrections,
10 shall be entitled to receive, in addition to the amount of
11 annuity otherwise provided under this Section, an additional
12 amount of annuity provided from the totals accumulated to his
13 credit for prior service and age and service annuities for such
14 service not as a deputy sheriff.
15     (f) The term "deputy sheriff" means an employee charged
16 with the duty of law enforcement as a deputy sheriff as
17 specified in Section 1 of "An Act in relation to County Police
18 Departments in certain Counties, creating a County Police
19 Department Merit Board and defining its powers and duties",
20 approved August 5, 1963, who rendered service in such position
21 before and after such date.
22     The terms "deputy sheriff" and "member of a County Police
23 Department" shall also include an elected sheriff of the county
24 who has elected to become a contributor and who has submitted
25 to the board his written election to be included within the
26 provisions of this Section. With respect to any such sheriff,

 

 

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1 service as the elected sheriff of the county shall be deemed to
2 be service in the position of deputy sheriff for the purposes
3 of this Section provided that the employee contributions
4 therefor are made at the rate prescribed for members of the
5 County Police Department. A sheriff electing to be included
6 under this Section may also elect to have his service as
7 sheriff of the county before the date of such election included
8 as service as a deputy sheriff for the purposes of this
9 Section, by making an additional contribution for each year of
10 such service, equal to the difference between the amount he
11 would have contributed to the Fund during such year had he been
12 contributing at the rate then in effect for members of the
13 County Police Department and the amount actually contributed,
14 plus interest thereon at the rate of 6% per annum from the end
15 of such year to the date of payment.
16     (g) In no case shall an annual annuity provided in this
17 Section 9-128.1 exceed 80% of the average annual salary for any
18 4 consecutive years within the last 10 years of service
19 immediately preceding the date of withdrawal from service.
20     A deputy sheriff may in addition, be entitled to the
21 benefits provided by Section 9-133 or 9-133.1 if he so
22 qualifies under such Sections.
23     (h) A deputy sheriff may elect, between January 1 and
24 January 15, 1983, to transfer his creditable service as a
25 member of the State Employees' Retirement System of Illinois to
26 any Fund established under this Article of which he is a

 

 

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1 member, and such transferred creditable service shall be
2 included as service for the purpose of calculating his benefits
3 under this Article to the extent that the payment specified in
4 Section 14-105.3 has been received by such Fund.
5     (i) An active deputy sheriff who has at least 15 years of
6 service credit in that capacity may elect to have any or all of
7 his credits under this Article for service not as a deputy
8 sheriff deemed to be credits for service as a deputy sheriff,
9 by filing a written election with the Board, accompanied by
10 payment of an amount to be determined by the Board, equal to
11 (1) the difference between the amount of employee contributions
12 actually contributed by the applicant for such service not as a
13 deputy sheriff, and the amounts that would have been
14 contributed had such contributions been made at the rates
15 applicable to service as a deputy sheriff, plus (2) interest
16 thereon at the rate of 3% per annum, compounded annually, from
17 the date of service to the date of payment.
18     (j) Beginning on the effective date of this amendatory Act
19 of 1996, the terms "deputy sheriff" and "member of a County
20 Police Department" shall also include any chief of the County
21 Police Department or undersheriff of the County Sheriff's
22 Department who has submitted to the board his or her written
23 election to be included within the provisions of this Section.
24 With respect to any such police chief or undersheriff, service
25 as a chief of the County Police Department or an undersheriff
26 of the County Sheriff's Department shall be deemed to be

 

 

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1 service in the position of deputy sheriff for the purposes of
2 this Section, provided that the employee contributions
3 therefor are made at the rate prescribed for members of the
4 County Police Department.
5     A chief of the County Police Department or undersheriff of
6 the County Sheriff's Department electing to be included under
7 this Section may also elect to have his or her service as chief
8 of the County Police Department or undersheriff of the County
9 Sheriff's Department before the date of the election included
10 as service as a deputy sheriff for the purposes of this
11 Section, by making an additional contribution for each year of
12 such service, equal to the difference between the amount that
13 he or she would have contributed to the Fund during that year
14 at the rate then in effect for members of the County Police
15 Department and the amount actually contributed, plus interest
16 thereon at the rate of 6% per year, compounded annually, from
17 the end of that year to the date of payment.
18     A chief of the County Police Department or undersheriff of
19 the County Sheriff's Department who has elected to be included
20 within the provisions of this Section may transfer to this Fund
21 credits and creditable service accumulated under any pension
22 fund or retirement system established under Article 3, 7, 8,
23 14, or 15, upon payment to the Fund of (1) the amount by which
24 the employee contributions that would have been required if he
25 or she had participated in this Fund during the period for
26 which credit is being transferred, plus interest, plus an equal

 

 

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1 amount for employer contributions, exceeds the amounts
2 actually transferred from that other fund or system to this
3 Fund, plus (2) interest thereon at 6% per year, compounded
4 annually, from the date of transfer to the date of payment.
5     A chief of the County Police Department or undersheriff of
6 the County Sheriff's Department may purchase credits and
7 creditable service for up to 2 years of public employment
8 rendered to an out-of-state public agency. Payment for that
9 service shall be at the applicable rates in effect for employee
10 and employer contributions during the period for which credit
11 is being purchased, plus interest at the rate of 6% per year,
12 compounded annually, from the date of service until the date of
13 payment.
14     (k) The changes made to this Section by this amendatory Act
15 of the 95th General Assembly apply without regard to whether
16 the member was in service on or after its effective date. Any
17 increase attributable to the additional service allowable
18 under this amendatory Act of the 95th General Assembly shall be
19 included in the calculation of automatic annual increases
20 accruing after the effective date of the recalculation.
21 (Source: P.A. 89-643, eff. 8-9-96.)
 
22     Section 90. The State Mandates Act is amended by adding
23 Section 8.31 as follows:
 
24     (30 ILCS 805/8.31 new)

 

 

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1     Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8
2 of this Act, no reimbursement by the State is required for the
3 implementation of any mandate created by this amendatory Act of
4 the 95th General Assembly.
 
5     Section 99. Effective date. This Act takes effect upon
6 becoming law.