State of Illinois
91st General Assembly
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91_HB1133

 
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 1        AN  ACT  to  amend  the Illinois Pension Code by changing
 2    Section 7-145.1.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.   The  Illinois  Pension  Code  is amended by
 6    changing Section 7-145.1 as follows:

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

13        Section 99. Effective date.  This Act takes  effect  upon
14    becoming law.

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