093_HB1397

 
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 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 Section 7-145.1 as follows:

 6        (40 ILCS 5/7-145.1)
 7        Sec. 7-145.1.  Alternative annuity for county officers.
 8        (a)  The  benefits  provided  in this Section and Section
 9    7-145.2 are available only if the county board has filed with
10    the Board of the Fund a  resolution  or  ordinance  expressly
11    consenting  to  the  availability  of  these benefits for its
12    elected county  officers.   The  county  board's  consent  is
13    irrevocable  with  respect  to  persons  participating in the
14    program, but may be revoked  at  any  time  with  respect  to
15    persons who have not paid an additional optional contribution
16    under this Section before the date of revocation.
17        An   elected   county  officer  may  elect  to  establish
18    alternative credits for an alternative annuity by electing in
19    writing  to  make  additional   optional   contributions   in
20    accordance  with  this  Section and procedures established by
21    the board.  These alternative credits are available only  for
22    periods of service as an elected county officer.  The elected
23    county officer may discontinue making the additional optional
24    contributions  by notifying the Fund in writing in accordance
25    with this Section and procedures established by the board.
26        Additional optional  contributions  for  the  alternative
27    annuity shall be as follows:
28             (1)  For  service as an elected county officer after
29        the option is elected, an additional contribution  of  3%
30        of  salary  shall  be contributed to the Fund on the same
31        basis and under  the  same  conditions  as  contributions
 
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 1        required under Section 7-173.
 2             (2)  For service as an elected county officer before
 3        the  option  is elected, an additional contribution of 3%
 4        of the salary for the applicable period of service,  plus
 5        interest  at  the effective rate from the date of service
 6        to the  date  of  payment,  plus  any  additional  amount
 7        required  by  the  county board under paragraph (3).  All
 8        payments for past service must be  paid  in  full  before
 9        credit is given.
10             (3)  With  respect  to  service as an elected county
11        officer before the option is elected, if payment is  made
12        after  the  county  board has filed with the Board of the
13        Fund a resolution or ordinance  requiring  an  additional
14        contribution  under this paragraph, then the contribution
15        required under paragraph (2) shall include an  amount  to
16        be determined by the Fund, equal to the actuarial present
17        value   of   the  additional  employer  cost  that  would
18        otherwise  result  from  the  alternative  credits  being
19        established  for  that   service.    A   county   board's
20        resolution     or    ordinance    requiring    additional
21        contributions under this paragraph (3) is irrevocable.
22        No additional optional contributions may be made for  any
23    period  of  service  for  which  credit  has  been previously
24    forfeited by acceptance of a refund,  unless  the  refund  is
25    repaid  in  full with interest at the effective rate from the
26    date of refund to the date of repayment.
27        (b)  In lieu of the retirement annuity otherwise  payable
28    under  this  Article,  an  elected county officer who (1) has
29    elected to  participate  in  the  Fund  and  make  additional
30    optional  contributions  in accordance with this Section, (2)
31    has held and  made  additional  optional  contributions  with
32    respect  to  the  same  elected  county office for at least 8
33    years, and (3) has attained age 55 with at least 8  years  of
34    service credit (or has attained age 50 with at least 20 years
 
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 1    of service as a sheriff's law enforcement employee) may elect
 2    to  have  his  retirement annuity computed as follows:  3% of
 3    the participant's salary for each of the  first  8  years  of
 4    service credit, plus 4% of that salary for each of the next 4
 5    years of service credit, plus 5% of that salary for each year
 6    of service credit in excess of 12 years, subject to a maximum
 7    of 80% of that salary.
 8        This formula applies only to service in an elected county
 9    office  that  the officer held for at least 8 years, and only
10    to service for which additional optional  contributions  have
11    been  paid  under this Section.  If an elected county officer
12    qualifies to have this formula applied  to  service  in  more
13    than  one elected county office, the qualifying service shall
14    be accumulated for purposes  of  determining  the  applicable
15    accrual  percentages,  but  the  salary  used for each office
16    shall be the separate salary calculated for that  office,  as
17    defined in subsection (g).
18        To the extent that the elected county officer has service
19    credit that does not qualify for this formula, his retirement
20    annuity  will  first  be  determined  in accordance with this
21    formula with respect to the service  to  which  this  formula
22    applies,  and  then in accordance with the remaining Sections
23    of this Article with respect to the  service  to  which  this
24    formula does not apply.
25        (c)  In lieu of the disability benefits otherwise payable
26    under  this  Article,  an  elected county officer who (1) has
27    elected to participate  in  the  Fund,  and  (2)  has  become
28    permanently  disabled  and  as  a  consequence  is  unable to
29    perform the duties of his office, and (3) was making optional
30    contributions in accordance with this Section at the time the
31    disability was incurred, may elect to  receive  a  disability
32    annuity   calculated   in  accordance  with  the  formula  in
33    subsection (b).  For the  purposes  of  this  subsection,  an
34    elected   county  officer  shall  be  considered  permanently
 
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 1    disabled only if:  (i) disability occurs while in service  as
 2    an  elected  county  officer  and  is  of such a nature as to
 3    prevent him from reasonably  performing  the  duties  of  his
 4    office at the time; and (ii) the board has received a written
 5    certification  by at least 2 licensed physicians appointed by
 6    it  stating  that  the  officer  is  disabled  and  that  the
 7    disability is likely to be permanent.
 8        (d)  Refunds of additional optional  contributions  shall
 9    be  made  on  the same basis and under the same conditions as
10    provided under Section  7-166,  7-167  and  7-168.   Interest
11    shall be credited at the effective rate on the same basis and
12    under the same conditions as for other contributions.
13        If  an  elected  county  officer  fails to hold that same
14    elected county office for at least 8 years, he or  she  shall
15    be  entitled  after leaving office to receive a refund of the
16    additional optional contributions made with respect  to  that
17    office, plus interest at the effective rate.
18        (e)  The   plan  of  optional  alternative  benefits  and
19    contributions shall be available to persons who  are  elected
20    county  officers  and  active  contributors to the Fund on or
21    after November 15, 1994.  A person who was an elected  county
22    officer and an active contributor to the Fund on November 15,
23    1994 but is no longer an active contributor may apply to make
24    additional  optional  contributions under this Section at any
25    time  within  90  days  after  the  effective  date  of  this
26    amendatory Act of 1997; if the person is  an  annuitant,  the
27    resulting  increase  in  annuity shall begin to accrue on the
28    first day of the month  following  the  month  in  which  the
29    required payment is received by the Fund.
30        (f)  For   the  purposes  of  this  Section  and  Section
31    7-145.2, the terms  "elected  county  officer"  and  "elected
32    county  office"  include,  but  are  not  limited to: (1) the
33    county clerk,  recorder,  treasurer,  coroner,  assessor  (if
34    elected),  auditor, sheriff, and State's Attorney; members of
 
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 1    the county board; and the clerk of the circuit court; and (2)
 2    a person who has been appointed  to  fill  a  vacancy  in  an
 3    office  that  is  normally filled by election on a countywide
 4    basis, for the duration of his or her service in that office.
 5    The  terms  "elected  county  officer"  and  "elected  county
 6    office" do not include any officer or office of a county that
 7    has not consented to the availability of benefits under  this
 8    Section and Section 7-145.2.
 9        (g)  For   the  purposes  of  this  Section  and  Section
10    7-145.2, the term "salary" means the final rate  of  earnings
11    for  the  elected  county office held, calculated in a manner
12    consistent with Section 7-116, but for that office only.   If
13    an  elected  county  officer qualifies to have the formula in
14    subsection (b) applied to service in more  than  one  elected
15    county  office,  a  separate  salary  shall be calculated and
16    applied with respect to each such office.
17        (h)  The changes to this Section made by this  amendatory
18    Act  of  the 91st General Assembly apply to persons who first
19    make an additional optional contribution under  this  Section
20    on or after the effective date of this amendatory Act.
21    (Source:  P.A.  90-32,  eff.  6-27-97;  91-685, eff. 1-26-00;
22    91-887, eff. 7-6-00.)

23        Section 99. Effective date.  This Act takes  effect  upon
24    becoming law.