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91_HB4078 LRB9110712EGfg 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 county officers. 9 (a) The benefits provided in this Section and Section 10 7-145.2 are available only if the county board has filed with 11 the Board of the Fund a resolution or ordinance expressly 12 consenting to the availability of these benefits for its 13 elected county officers. The county board's consent is 14 irrevocable. 15 An amendment to this Section or Section 7-145.2 that 16 takes effect after the county board of a county has given its 17 consent under this Section does not apply to the elected 18 county officers of that county unless the county board 19 thereafter files with the Board of the Fund a resolution or 20 ordinance expressly consenting to the application of the 21 amendment. The county board's consent to the application of 22 an amendment is irrevocable. 23 An elected county officer may elect to establish 24 alternative credits for an alternative annuity by electing in 25 writing to make additional optional contributions in 26 accordance with this Section and procedures established by 27 the board. The elected county officer may discontinue making 28 the additional optional contributions by notifying the Fund 29 in writing in accordance with this Section and procedures 30 established by the board. 31 Additional optional contributions for the alternative -2- LRB9110712EGfg 1 annuity shall be as follows: 2 (1) For service after the option is elected, an 3 additional contribution of 3% of salary shall be 4 contributed to the Fund on the same basis and under the 5 same conditions as contributions required under Section 6 7-173. 7 (2) For service before the option is elected, an 8 additional contribution of 3% of the salary for the 9 applicable period of service, plus interest at the 10 effective rate from the date of service to the date of 11 payment. All payments for past service must be paid in 12 full before credit is given. No additional optional 13 contributions may be made for any period of service for 14 which credit has been previously forfeited by acceptance 15 of a refund, unless the refund is repaid in full with 16 interest at the effective rate from the date of refund to 17 the date of repayment. 18 (b) In lieu of the retirement annuity otherwise payable 19 under this Article, an elected county officer who (1) has 20 elected to participate in the Fund and make additional 21 optional contributions in accordance with this Section and 22 (2) has attained age 55 with at least 8 years of service 23 credit (or has attained age 50 with at least 20 years of 24 service as a sheriff's law enforcement employee) may elect to 25 have his retirement annuity computed as follows: 3% of the 26 participant's salary at the time of termination of service 27 for each of the first 8 years of service credit, plus 4% of 28 that salary for each of the next 4 years of service credit, 29 plus 5% of that salary for each year of service credit in 30 excess of 12 years, subject to a maximum of 80% of that 31 salary. To the extent that the elected county officer has 32 made additional optional contributions with respect to only a 33 portion of his years of service credit, his retirement 34 annuity will first be determined in accordance with this -3- LRB9110712EGfg 1 Section to the extent that additional optional contributions 2 were made, and then in accordance with the remaining Sections 3 of this Article to the extent of years of service credit with 4 respect to which additional optional contributions were not 5 made. 6 (c) In lieu of the disability benefits otherwise payable 7 under this Article, an elected county officer who (1) has 8 elected to participate in the Fund, and (2) has become 9 permanently disabled and as a consequence is unable to 10 perform the duties of his office, and (3) was making optional 11 contributions in accordance with this Section at the time the 12 disability was incurred, may elect to receive a disability 13 annuity calculated in accordance with the formula in 14 subsection (b). For the purposes of this subsection, an 15 elected county officer shall be considered permanently 16 disabled only if: (i) disability occurs while in service as 17 an elected county officer and is of such a nature as to 18 prevent him from reasonably performing the duties of his 19 office at the time; and (ii) the board has received a written 20 certification by at least 2 licensed physicians appointed by 21 it stating that the officer is disabled and that the 22 disability is likely to be permanent. 23 (d) Refunds of additional optional contributions shall 24 be made on the same basis and under the same conditions as 25 provided under Section 7-166, 7-167 and 7-168. Interest 26 shall be credited at the effective rate on the same basis and 27 under the same conditions as for other contributions. 28 (e) The plan of optional alternative benefits and 29 contributions shall be available to persons who are elected 30 county officers and active contributors to the Fund on or 31 after November 15, 1994. A person who was an elected county 32 officer and an active contributor to the Fund on November 15, 33 1994 but is no longer an active contributor may apply to make 34 additional optional contributions under this Section at any -4- LRB9110712EGfg 1 time within 90 days after the effective date of this 2 amendatory Act of 1997; if the person is an annuitant, the 3 resulting increase in annuity shall begin to accrue on the 4 first day of the month following the month in which the 5 required payment is received by the Fund. 6 (f) For the purposes of this Section and Section 7 7-145.2, the terms "elected county officer" and "elected 8 county office" include, but are not limited to: (1) the 9 county clerk, recorder, treasurer, coroner, assessor 10 (regardless of whether that position is elective
if elected), 11 auditor, sheriff, and State's Attorney; members of the county 12 board; and the clerk of the circuit court; and (2) a person 13 who has been appointed to fill a vacancy in an office that is 14 normally filled by election on a countywide basis, for the 15 duration of his or her service in that office. The terms 16 "elected county officer" and "elected county office" do not 17 include any officer or office of a county that has not 18 consented to the availability of benefits under this Section 19 and Section 7-145.2. 20 (Source: P.A. 90-32, eff. 6-27-97.) 21 Section 99. Effective date. This Act takes effect upon 22 becoming law.
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