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90_HB3488
40 ILCS 5/7-145.1
Amends the IMRF Article of the Pension Code. Provides
that a person may at any time revoke his or her election to
participate in the program of additional benefits for elected
county officers. Limits participation in the program to
persons who first became elected county officers before
November 1, 1998. Effective immediately.
LRB9011514EGfg
LRB9011514EGfg
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 elected county officer who is eligible under this
16 Section may elect to establish alternative credits for an
17 alternative annuity by electing in writing to make additional
18 optional contributions in accordance with this Section and
19 procedures established by the board. The elected county
20 officer may discontinue making the additional optional
21 contributions by notifying the Fund in writing in accordance
22 with this Section and procedures established by the board.
23 Additional optional contributions for the alternative
24 annuity shall be as follows:
25 (1) For service after the option is elected, an
26 additional contribution of 3% of salary shall be
27 contributed to the Fund on the same basis and under the
28 same conditions as contributions required under Section
29 7-173.
30 (2) For service before the option is elected, an
31 additional contribution of 3% of the salary for the
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1 applicable period of service, plus interest at the
2 effective rate from the date of service to the date of
3 payment. All payments for past service must be paid in
4 full before credit is given. No additional optional
5 contributions may be made for any period of service for
6 which credit has been previously forfeited by acceptance
7 of a refund, unless the refund is repaid in full with
8 interest at the effective rate from the date of refund to
9 the date of repayment.
10 (b) In lieu of the retirement annuity otherwise payable
11 under this Article, an elected county officer who (1) has
12 elected to participate in the Fund and make additional
13 optional contributions in accordance with this Section and
14 (2) has attained age 55 with at least 8 years of service
15 credit (or has attained age 50 with at least 20 years of
16 service as a sheriff's law enforcement employee) may elect to
17 have his retirement annuity computed as follows: 3% of the
18 participant's salary at the time of termination of service
19 for each of the first 8 years of service credit, plus 4% of
20 that salary for each of the next 4 years of service credit,
21 plus 5% of that salary for each year of service credit in
22 excess of 12 years, subject to a maximum of 80% of that
23 salary. To the extent that the elected county officer has
24 made additional optional contributions with respect to only a
25 portion of his years of service credit, his retirement
26 annuity will first be determined in accordance with this
27 Section to the extent that additional optional contributions
28 were made, and then in accordance with the remaining Sections
29 of this Article to the extent of years of service credit with
30 respect to which additional optional contributions were not
31 made.
32 (c) In lieu of the disability benefits otherwise payable
33 under this Article, an elected county officer who (1) has
34 elected to participate in the Fund, and (2) has become
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1 permanently disabled and as a consequence is unable to
2 perform the duties of his office, and (3) was making optional
3 contributions in accordance with this Section at the time the
4 disability was incurred, may elect to receive a disability
5 annuity calculated in accordance with the formula in
6 subsection (b). For the purposes of this subsection, an
7 elected county officer shall be considered permanently
8 disabled only if: (i) disability occurs while in service as
9 an elected county officer and is of such a nature as to
10 prevent him from reasonably performing the duties of his
11 office at the time; and (ii) the board has received a written
12 certification by at least 2 licensed physicians appointed by
13 it stating that the officer is disabled and that the
14 disability is likely to be permanent.
15 (d) Refunds of additional optional contributions shall
16 be made on the same basis and under the same conditions as
17 provided under Section 7-166, 7-167 and 7-168, or as provided
18 in subsection (d-5). Interest shall be credited at the
19 effective rate on the same basis and under the same
20 conditions as for other contributions.
21 (d-5) An elected county officer may at any time revoke
22 his or her election to make additional optional contributions
23 under this Section. Upon receiving written notice of the
24 revocation, the Fund shall refund to the officer all such
25 contributions already paid. An elected county officer who
26 revokes an election under this Section may not resume making
27 additional optional contributions under this Section, and the
28 officer and his or her survivors and dependents shall not be
29 eligible for any of the benefits provided under this Section
30 or Section 7-145.2.
31 (e) The plan of optional alternative benefits and
32 contributions shall be available only to persons who are
33 elected county officers and active contributors to the Fund
34 on or after November 15, 1994 and before November 1, 1998.
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1 The plan is not available to a person who first becomes an
2 elected county officer on or after November 1, 1998. A
3 person who was an elected county officer and an active
4 contributor to the Fund on November 1, 1998 15, 1994 but is
5 no longer an active contributor may apply to make additional
6 optional contributions under this Section at any time before
7 January 1, 1999 within 90 days after the effective date of
8 this amendatory Act of 1997; if the person is an annuitant,
9 the resulting increase in annuity shall begin to accrue on
10 the first day of the month following the month in which the
11 required payment is received by the Fund.
12 (f) For the purposes of this Section and Section
13 7-145.2, the terms "elected county officer" and "elected
14 county office" include, but are not limited to: (1) the
15 county clerk, recorder, treasurer, coroner, assessor (if
16 elected), auditor, sheriff, and State's Attorney; members of
17 the county board; and the clerk of the circuit court; and (2)
18 a person who has been appointed to fill a vacancy in an
19 office that is normally filled by election on a countywide
20 basis, for the duration of his or her service in that office.
21 The terms "elected county officer" and "elected county
22 office" do not include any officer or office of a county that
23 has not consented to the availability of benefits under this
24 Section and Section 7-145.2.
25 (Source: P.A. 90-32, eff. 6-27-97.)
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.