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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
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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
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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
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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.