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92_HB3136eng HB3136 Engrossed LRB9206537LDtm 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 Sections 9-121.6, 9-121.15, 9-134, 9-134.3, 9-146.1, 6 9-163, 9-179.3, 9-185, 9-186, 9-187, 9-219, and 14-105.7 and 7 adding Sections 9-121.14, 9-121.16, and 9-134.4 as follows: 8 (40 ILCS 5/9-121.6) (from Ch. 108 1/2, par. 9-121.6) 9 Sec. 9-121.6. Alternative annuity for county officers. 10 (a) Any county officer elected by vote of the people may 11 elect to establish alternative credits for an alternative 12 annuity by electing in writing to make additional optional 13 contributions in accordance with this Section and procedures 14 established by the board. Such elected county officer may 15 discontinue making the additional optional contributions by 16 notifying the Fund in writing in accordance with this Section 17 and procedures established by the board. 18 Additional optional contributions for the alternative 19 annuity shall be as follows: 20 (1) For service after the option is elected, an 21 additional contribution of 3% of salary shall be contributed 22 to the Fund on the same basis and under the same conditions 23 as contributions required under Sections 9-170 and 9-176. 24 (2) For service before the option is elected, an 25 additional contribution of 3% of the salary for the 26 applicable period of service, plus interest at the effective 27 rate from the date of service to the date of payment. All 28 payments for past service must be paid in full before credit 29 is given. No additional optional contributions may be made 30 for any period of service for which credit has been 31 previously forfeited by acceptance of a refund, unless the HB3136 Engrossed -2- LRB9206537LDtm 1 refund is repaid in full with interest at the effective rate 2 from the date of refund to the date of repayment. 3 (b) In lieu of the retirement annuity otherwise payable 4 under this Article, any county officer elected by vote of the 5 people who(1)has elected to participate in the Fund and 6 make additional optional contributions in accordance with 7 this Section,and withdraws from service either (1) before 8 November 30, 2000 having(2) hasattained age 60 with at 9 least 10 years of service credit,orhas attainedage 65 with 10 at least 8 years of service credit or (2) on or after 11 November 30, 2000 having attained age 55 with at least 10 12 years of service credit or age 60 with at least 8 years of 13 service credit, may elect to have his retirement annuity 14 computed as follows: 3% of the participant's salary at the 15 time of termination of service for each of the first 8 years 16 of service credit, plus 4% of such salary for each of the 17 next 4 years of service credit, plus 5% of such salary for 18 each year of service credit in excess of 12 years, subject to 19 a maximum of 80% of such salary. To the extent such elected 20 county officer has made additional optional contributions 21 with respect to only a portion of his years of service 22 credit, his retirement annuity will first be determined in 23 accordance with this Section to the extent such additional 24 optional contributions were made, and then in accordance with 25 the remaining Sections of this Article to the extent of years 26 of service credit with respect to which additional optional 27 contributions were not made. 28 (c) In lieu of the disability benefits otherwise payable 29 under this Article, any county officer elected by vote of the 30 people who (1) has elected to participate in the Fund, and 31 (2) has become permanently disabled and as a consequence is 32 unable to perform the duties of his office, and (3) was 33 making optional contributions in accordance with this Section 34 at the time the disability was incurred, may elect to receive HB3136 Engrossed -3- LRB9206537LDtm 1 a disability annuity calculated in accordance with the 2 formula in subsection (b). For the purposes of this 3 subsection, such elected county officer shall be considered 4 permanently disabled only if: (i) disability occurs while in 5 service as an elected county officer and is of such a nature 6 as to prevent him from reasonably performing the duties of 7 his office at the time; and (ii) the board has received a 8 written certification by at least 2 licensed physicians 9 appointed by it stating that such officer is disabled and 10 that the disability is likely to be permanent. 11 (d) Refunds of additional optional contributions shall 12 be made on the same basis and under the same conditions as 13 provided under Section 9-164, 9-166 and 9-167. Interest shall 14 be credited at the effective rate on the same basis and under 15 the same conditions as for other contributions. Optional 16 contributions shall be accounted for in a separate Elected 17 County Officer Optional Contribution Reserve. Optional 18 contributions under this Section shall be included in the 19 amount of employee contributions used to compute the tax levy 20 under Section 9-169. 21 (e) The effective date of this plan of optional 22 alternative benefits and contributions shall be January 1, 23 1988, or the date upon which approval is received from the 24 U.S. Internal Revenue Service, whichever is later. The plan 25 of optional alternative benefits and contributions shall not 26 be available to any former county officer or employee 27 receiving an annuity from the Fund on the effective date of 28 the plan, unless he re-enters service as an elected county 29 officer and renders at least 3 years of additional service 30 after the date of re-entry. 31 (Source: P.A. 85-964.) 32 (40 ILCS 5/9-121.14 new) 33 Sec. 9-121.14. Benefit processors. An employee with at HB3136 Engrossed -4- LRB9206537LDtm 1 least 5 years of creditable service under this Article may 2 purchase service credit for annuity purposes for up to 5 3 years of time spent working as a benefits processor for a 4 firm under contract with the Fund, by paying to the Fund 5 before July 1, 2002 an amount equal to 8.5% of the salary 6 received for that work or, if that salary is not 7 determinable, 8.5% of the employee's annual salary rate on 8 the first day of service in the Fund for each year of service 9 credit established under this Section. The employee may not 10 make optional contributions under Section 9-121.6 or 9-179.3 11 for periods of credit established under this Section. 12 (40 ILCS 5/9-121.15) 13 Sec. 9-121.15. Transfer of credit from Article 14 system. 14 A current or formerAnemployee shall be entitled to service 15 credit in the Fund for any creditable service transferred to 16 this Fund from the State Employees' Retirement System under 17 Section 14-105.7 of this Code. Credit under this Fund shall 18 be granted upon receipt by the Fund of the amounts required 19 to be transferred under Section 14-105.7; no additional 20 contribution is necessary. 21 (Source: P.A. 90-511, eff. 8-22-97.) 22 (40 ILCS 5/9-121.16 new) 23 Sec. 9-121.16. Contractual service to the Retirement 24 Board. A person who has rendered continuous contractual 25 services (other than legal services) to the Retirement Board 26 for a period of at least 5 years may establish creditable 27 service in the Fund for up to 10 years of those services by 28 making written application to the Board before July 1, 2002 29 and paying to the Fund an amount to be determined by the 30 Board, equal to the employee contributions that would have 31 been required if those services had been performed as an 32 employee. HB3136 Engrossed -5- LRB9206537LDtm 1 For the purposes of calculating the required payment, the 2 Board may determine the applicable salary equivalent based on 3 the compensation received by the person for performing those 4 contractual services. The salary equivalent calculated under 5 this Section shall not be used for determining final average 6 salary under Section 9-134 or any other provisions of this 7 Code. 8 A person may not make optional contributions under 9 Section 9-121.6 or 9-179.3 for periods of credit established 10 under this Section. 11 (40 ILCS 5/9-134) (from Ch. 108 1/2, par. 9-134) 12 Sec. 9-134. Minimum annuity - Additional provisions. 13 (a) An employee who withdraws after July 1, 1957 at age 14 60 or more with 20 or more years of service, for whom the 15 amount of age and service and prior service annuity combined 16 is less than the amount stated in this Section from the date 17 of withdrawal, instead of all annuities otherwise provided in 18 this Article, is entitled to receive an annuity for life of 19 an amount equal to 1 2/3% for each year of service, of his 20 highest average annual salary for any 5 consecutive years 21 within the last 10 years of service immediately preceding the 22 date of withdrawal; provided that in the case of any employee 23 who withdraws on or after July 1, 1971, such employee age 60 24 or over with 20 or more years of service, or who withdraws on 25 or after January 1, 1982 and on or after attainment of age 65 26 with 10 or more years of service, shall instead receive an 27 annuity for life equal to 1.67% for each of the first 10 28 years of service; 1.90% for each of the next 10 years of 29 service; 2.10% for each year of service in excess of 20 but 30 not exceeding 30; and 2.30% for each year of service in 31 excess of 30, based on the highest average annual salary for 32 any 4 consecutive years within the last 10 years of service 33 immediately preceding the date of withdrawal. HB3136 Engrossed -6- LRB9206537LDtm 1 An employee who withdraws after July 1, 1957, but prior 2 to January 1, 1988, with 20 or more years of service, before 3 age 60 is entitled to annuity, to begin not earlier than age 4 55, if under such age at withdrawal, as computed in the last 5 preceding paragraph, reduced 1/2 of 1% for each full month or 6 fractional part thereof that his attained age when annuity is 7 to begin is less than 60 to the end that the total reduction 8 at age 55 shall be 30%, except that an employee retiring at 9 age 55 or over but less than age 60, having at least 35 years 10 of service, shall not be subject to the reduction in his 11 retirement annuity because of retirement below age 60. 12 An employee who withdraws on or after January 1, 1988, 13 with 20 or more years of service and before age 60, is 14 entitled to annuity as computed above, to begin not earlier 15 than age 50 if under such age at withdrawal, reduced 1/2 of 16 1% for each full month or fractional part thereof that his 17 attained age when annuity is to begin is less than 60, to the 18 end that the total reduction at age 50 shall be 60%, except 19 that an employee retiring at age 50 or over but less than age 20 60, having at least 30 years of service, shall not be subject 21 to the reduction in retirement annuity because of retirement 22 below age 60. 23 An employee who withdraws on or after January 1, 1992 but 24 before January 1, 1993, at age 60 or over with 5 or more 25 years of service, may elect, in lieu of any other employee 26 annuity provided in this Section, to receive an annuity for 27 life equal to 2.20% for each of the first 20 years of 28 service, and 2.40% for each year of service in excess of 20, 29 based on the highest average annual salary for any 4 30 consecutive years within the last 10 years of service 31 immediately preceding the date of withdrawal. An employee 32 who withdraws on or after January 1, 1992, but before January 33 1, 1993, on or after attainment of age 55 but before 34 attainment of age 60 with 5 or more years of service, is HB3136 Engrossed -7- LRB9206537LDtm 1 entitled to elect such annuity, but the annuity shall be 2 reduced 0.25% for each full month or fractional part thereof 3 that his attained age when the annuity is to begin is less 4 than age 60, to the end that the total reduction at age 55 5 shall be 15%, except that an employee retiring at age 55 or 6 over but less than age 60, having at least 30 years of 7 service, shall not be subject to the reduction in retirement 8 annuity because of retirement below age 60. This annuity 9 benefit formula shall only apply to those employees who are 10 age 55 or over prior to January 1, 1993, and who elect to 11 withdraw at age 55 or over on or after January 1, 1992 but 12 before January 1, 1993. 13 An employee who withdraws on or after July 1, 1996 but 14 before August 1, 1996, at age 55 or over with 8 or more years 15 of service, may elect, in lieu of any other employee annuity 16 provided in this Section, to receive an annuity for life 17 equal to 2.20% for each of the first 20 years of service, and 18 2.40% for each year of service in excess of 20, based on the 19 highest average annual salary for any 4 consecutive years 20 within the last 10 years of service immediately preceding the 21 date of withdrawal, but the annuity shall be reduced by 0.25% 22 for each full month or fractional part thereof that the 23 annuitant's attained age when the annuity is to begin is less 24 than age 60, unless the annuitant has at least 30 years of 25 service. 26 The maximum annuity under this paragraph (a) shall not 27 exceed 70% of highest average annual salary for any 5 28 consecutive years within the last 10 years of service in the 29 case of an employee who withdraws prior to July 1, 1971, and 30 75% of the highest average annual salary for any 4 31 consecutive years within the last 10 years of service 32 immediately preceding the date of withdrawal if withdrawal 33 takes place on or after July 1, 1971 and prior to January 1, 34 1988, and 80% of the highest average annual salary for any 4 HB3136 Engrossed -8- LRB9206537LDtm 1 consecutive years within the last 10 years of service 2 immediately preceding the date of withdrawal if withdrawal 3 takes place on or after January 1, 1988. Fifteen hundred 4 dollars shall be considered the minimum amount of annual 5 salary for any year, and the maximum shall be his salary as 6 defined in this Article, except that for the years before 7 1957 and subsequent to 1952 the maximum annual salary to be 8 considered shall be $6,000, and for any year before the year 9 1953, $4,800. 10 (b) Any employee who withdraws on or after July 1, 1985 11 but prior to January 1, 1988, at age 60 or over with 10 or 12 more years of service, may elect in lieu of the benefit in 13 paragraph (a) to receive an annuity for life equal to 2.00% 14 for each year of service, based on the highest average annual 15 salary for any 4 consecutive years within the last 10 years 16 of service immediately preceding the date of withdrawal. An 17 employee who withdraws on or after July 1, 1985, but prior to 18 January 1, 1988, with 10 or more years of service, but before 19 age 60, is entitled to elect such annuity, to begin not 20 earlier than age 55, but the annuity shall be reduced 0.5% 21 for each full month or fractional part thereof that his 22 attained age when the annuity is to begin is less than 60, to 23 the end that the total reduction at age 55 shall be 30%; 24 except that an employee retiring at age 55 or over but less 25 than age 60, having at least 30 years of service, shall not 26 be subject to the reduction in retirement annuity because of 27 retirement below age 60. 28 An employee who withdraws on or after January 1, 1988, at 29 age 60 or over with 10 or more years of service, may elect, 30 in lieu of the benefit in paragraph (a), to receive an 31 annuity for life equal to 2.20% for each of the first 20 32 years of service, and 2.4% for each year of service in excess 33 of 20, based on the highest average annual salary for any 4 34 consecutive years within the last 10 years of service HB3136 Engrossed -9- LRB9206537LDtm 1 immediately preceding the date of withdrawal. An employee who 2 withdraws on or after January 1, 1988, with 10 or more years 3 of service, but before age 60, is entitled to elect such 4 annuity, to begin not earlier than age 50, but the annuity 5 shall be reduced 0.5% for each full month or fractional part 6 thereof that his attained age when the annuity is to begin is 7 less than 60, to the end that the total reduction at age 50 8 shall be 60%, except that an employee retiring at age 50 or 9 over but less than age 60, having at least 30 years of 10 service, shall not be subject to the reduction in retirement 11 annuity because of retirement below age 60. 12 An employee who withdraws on or after June 30, 2001 with 13 10 or more years of service may elect, in lieu of any other 14 retirement annuity provided under this Article, to receive an 15 annuity for life, beginning no earlier than upon attainment 16 of age 50, equal to 2.40% of his or her highest average 17 annual salary for any 4 consecutive years within the last 10 18 years of service immediately preceding withdrawal, for each 19 year of service. If the employee has less than 30 years of 20 service, the annuity shall be reduced by 0.5% for each full 21 month or remaining fraction thereof that the employee's 22 attained age when the annuity is to begin is less than 60. 23 The maximum annuity under this paragraph (b) shall not 24 exceed 75% of the highest average annual salary for any 4 25 consecutive years within the last 10 years of service 26 immediately preceding the date of withdrawal if withdrawal 27 occurs prior to January 1, 1988, or 80% of the highest 28 average annual salary for any 4 consecutive years within the 29 last 10 years of service immediately preceding the date of 30 withdrawal if withdrawal takes place on or after January 1, 31 1988. 32 The provisions of this paragraph (b) do not apply to any 33 former County employee receiving an annuity from the fund, 34 who re-enters service as a County employee, unless he renders HB3136 Engrossed -10- LRB9206537LDtm 1 at least 3 years of additional service after the date of 2 re-entry. 3 (c) For an employee receiving disability benefit, the 4 salary for annuity purposes under paragraph (a) or (b) of 5 this Section shall, for all periods of disability benefit 6 subsequent to the year 1956, be the amount on which his 7 disability benefit was based. 8 (d) A county employee with 20 or more years of service, 9 whose entire disability benefit credit period expires before 10 attainment of age 50 (age 55 if expiration occurs before 11 January 1, 1988), while still disabled for service is 12 entitled upon withdrawal to the larger of: 13 (1) The minimum annuity provided above, assuming 14 that he is then age 50 (age 55 if expiration occurs 15 before January 1, 1988), and reducing such annuity to its 16 actuarial equivalent at his attained age on such date, or 17 (2) the annuity provided from his age and service 18 and prior service annuity credits. 19 (e) The minimum annuity provisions above do not apply to 20 any former county employee receiving an annuity from the 21 fund, who re-enters service as a county employee, unless he 22 renders at least 3 years of additional service after the date 23 of re-entry. 24 (f) Any employee in service on July 1, 1947, or who 25 enters service thereafter before attaining age 65 and 26 withdraws after age 65 with less than 10 years of service for 27 whom the annuity has been fixed under the foregoing Sections 28 of this Article, shall, instead of the annuity so fixed, 29 receive an annuity as follows: 30 Such amount as he could have received had the accumulated 31 amounts for annuity been improved with interest at the 32 effective rate to the date of withdrawal, or to attainment of 33 age 70, whichever is earlier, and had the county contributed 34 to such earlier date for age and service annuity the amount HB3136 Engrossed -11- LRB9206537LDtm 1 that it would have contributed had he been under age 65, 2 after the date his annuity was fixed in accordance with this 3 Article, and assuming his annuity were computed from such 4 accumulations as of his age on such earlier date. However 5 those employees who before July 1, 1953, made additional 6 contributions in accordance with this Article, the annuity so 7 computed under this paragraph shall not exceed the annuity 8 which would be payable under the other provisions of this 9 Section if the employee concerned was credited with 20 years 10 of service and would qualify for annuity thereunder. 11 (g) Instead of the annuity provided in this or any other 12 Section of this Article, an employee having attained age 65 13 with at least 15 years of service may elect to receive a 14 minimum annual annuity for life equal to 1% of the highest 15 average annual salary for any 4 consecutive years within the 16 last 10 years of service immediately preceding retirement for 17 each year of service, plus the sum of $25 for each year of 18 service provided that no such minimum annual annuity may be 19 greater than 60% of such highest average annual salary. 20 (h) The annuity is payable in equal monthly 21 installments. 22 (i) If, by operation of law, a function of a 23 governmental unit, as defined by Section 20-107 of this Code, 24 is transferred in whole or in part to the county in which 25 this Article 9 is created as set forth in Section 9-101, and 26 employees of the governmental unit are transferred as a class 27 to such county, the earnings credits in the retirement system 28 covering the governmental unit which have been validated 29 under Section 20-109 of this Code shall be considered in 30 determining the highest average annual salary for purposes of 31 this Section 9-134. 32 (j) The annuity being paid to an employee annuitant on 33 July 1, 1988, shall be increased on that date by 1% for each 34 full year that has elapsed from the date the annuity began. HB3136 Engrossed -12- LRB9206537LDtm 1 (k) Notwithstanding anything to the contrary in this 2 Article 9, Section 20-131 shall not apply to an employee who 3 withdraws on or after January 1, 1988, but prior to attaining 4 age 55. Therefore, no employee shall be entitled to elect to 5 have the alternative formula previously set forth in Section 6 20-122 prior to the amendatory Act of 1975 apply to any 7 annuity, the payment of which commenced after January 1, 8 1988, but prior to such employee's attainment of age 55. 9 (Source: P.A. 86-272; 87-794.) 10 (40 ILCS 5/9-134.3) 11 Sec. 9-134.3. Early retirement incentives. 12 (a) To be eligible for the benefits provided in this 13 Section, a person must: 14 (1) be a current contributing member of the Fund 15 established under this Article who, on May 1, 1997 and 16 within 30 days prior to the date of retirement, is (i) in 17 active payroll status in a position of employment under 18 this Article or (ii) receiving disability benefits under 19 Section 9-156 or 9-157; or else be eligible under 20 subsection (g); 21 (2) have not previously retired from the Fund, 22 except as provided under subsection (g); 23 (3) file with the Board before October 1, 1997 (or 24 the date specified in subsection (g), if applicable),a 25 written application requesting the benefits provided in 26 this Section; 27 (4) elect to retire under this Section on or after 28 September 1, 1997 and on or before February 28, 1998 (or 29 the date established under subsection (d) or (g), if 30 applicable); 31 (5) have attained age 55 on or before the date of 32 retirement and before February 28, 1998; and 33 (6) have at least 10 years of creditable service in HB3136 Engrossed -13- LRB9206537LDtm 1 the Fund, excluding service in any of the other 2 participating systems under the Retirement Systems 3 Reciprocal Act, by the effective date of the retirement 4 annuity or February 28, 1998, whichever occurs first. 5 (b) An employee who qualifies for the benefits provided 6 under this Section shall be entitled to the following: 7 (1) The employee's retirement annuity, as 8 calculated under the other provisions of this Article, 9 shall be increased at the time of retirement by an amount 10 equal to 1% of the employee's average annual salary for 11 the highest 4 consecutive years within the last 10 years 12 of service, multiplied by the employee's number of years 13 of service credit in this Fund up to a maximum of 10 14 years; except that the total retirement annuity, 15 including any additional benefits elected under Section 16 9-121.6 or 9-179.3, shall not exceed 80% of that highest 17 average annual salary. 18 (2) If the employee's retirement annuity is 19 calculated under Section 9-134, the employee shall not be 20 subject to the reduction in retirement annuity because of 21 retirement below age 60 that is otherwise required under 22 that Section. 23 (c) A person who elects to retire under the provisions 24 of this Section thereby relinquishes his or her right, if 25 any, to have the retirement annuity calculated under the 26 alternative formula formerly set forth in Section 20-122 of 27 the Retirement Systems Reciprocal Act. 28 (d) In the case of an employee whose immediate 29 retirement could jeopardize public safety or create hardship 30 for the employer, the deadline for retirement provided in 31 subdivision (a)(4) of this Section may be extended to a 32 specified date, no later than August 31, 1998, by the 33 employee's department head, with the approval of the 34 President of the County Board. In the case of an employee HB3136 Engrossed -14- LRB9206537LDtm 1 who is not employed by a department of the County, the 2 employee's "department head", for the purposes of this 3 Section, shall be a person designated by the President of the 4 County Board. 5 (e) Notwithstanding Section 9-161, an annuitant who 6 reenters service under this Article after receiving a 7 retirement annuity based on benefits provided under this 8 Section thereby forfeits the right to continue to receive 9 those benefits and shall have his or her retirement annuity 10 recalculated without the benefits provided in this Section. 11 (f) This Section also applies to the Fund established 12 under Article 10 of this Code. 13 (g) A person who (1) was a participating employee on 14 November 30, 1996, (2) was laid off on or after December 1, 15 1996 and before May 1, 1997 due to the elimination of the 16 employee's job or position, (3) meets the requirements of 17 items (3) through (6) of subsection (a), and (4) has not been 18 reinstated as a Cook County employee since being laid off is 19 eligible for the benefits provided under this Section. For 20 such a person, the application required under subdivision 21 (a)(3) of this Section must be filed within 60 days after the 22 effective date of this amendatory Act of the 92nd General 23 Assembly, and the date of retirement must be within 60 days 24 after the effective date of this amendatory Act. 25 In the case of a person eligible under this subsection 26 (g) who began to receive a retirement annuity before the 27 effective date of this amendatory Act, the annuity shall be 28 recalculated to include the increase under this Section, and 29 that increase shall take effect on the first annuity payment 30 date following the date of application. 31 (Source: P.A. 90-32, eff. 6-27-97.) 32 (40 ILCS 5/9-134.4 new) 33 Sec. 9-134.4. Early retirement incentives. HB3136 Engrossed -15- LRB9206537LDtm 1 (a) To be eligible for the benefits provided in this 2 Section, a person must: 3 (1) be a current contributing member of the Fund 4 established under this Article who, on January 1, 2001 5 and within 30 days prior to the date of retirement, is 6 (i) in active payroll status in a position of employment 7 under this Article or (ii) receiving disability benefits 8 under Section 9-156 or 9-157; 9 (2) have not previously retired from the Fund; 10 (3) file with the Board before June 1, 2002 a 11 written application requesting the benefits provided in 12 this Section; 13 (4) elect to retire under this Section on or after 14 June 1, 2002 and on or before November 30, 2002 (or the 15 date established under subsection (d), if applicable); 16 (5) have attained age 50 on or before the date of 17 retirement and before November 30, 2002; and 18 (6) have at least 20 years of creditable service in 19 the Fund, excluding service in any of the other 20 participating systems under the Retirement Systems 21 Reciprocal Act, by the effective date of the retirement 22 annuity or November 30, 2002, whichever occurs first. 23 (b) An employee who qualifies for the benefits provided 24 under this Section shall be entitled to the following: 25 (1) The employee's retirement annuity, as 26 calculated under the other provisions of this Article, 27 shall be increased at the time of retirement by an amount 28 equal to 1% of the employee's average annual salary for 29 the highest 4 consecutive years within the last 10 years 30 of service, multiplied by the employee's number of years 31 of service credit in this Fund up to a maximum of 10 32 years; except that the total retirement annuity, 33 including any additional benefits elected under Section 34 9-121.6 or 9-179.3, shall not exceed 80% of that highest HB3136 Engrossed -16- LRB9206537LDtm 1 average annual salary. 2 (2) If the employee's retirement annuity is 3 calculated under Section 9-134, the employee shall not be 4 subject to the reduction in retirement annuity because of 5 retirement below age 60 that is otherwise required under 6 that Section. 7 (c) A person who elects to retire under the provisions 8 of this Section thereby relinquishes his or her right, if 9 any, to have the retirement annuity calculated under the 10 alternative formula formerly set forth in Section 20-122 of 11 the Retirement Systems Reciprocal Act. 12 (d) In the case of an employee whose immediate 13 retirement could jeopardize public safety or create hardship 14 for the employer, the deadline for retirement provided in 15 subdivision (a)(4) of this Section may be extended to a 16 specified date, no later than May 31, 2003, by the employee's 17 department head, with the approval of the President of the 18 County Board. In the case of an employee who is not employed 19 by a department of the County, the employee's "department 20 head", for the purposes of this Section, shall be a person 21 designated by the President of the County Board. 22 (e) Notwithstanding Section 9-161, an annuitant who 23 reenters service under this Article after receiving a 24 retirement annuity based on benefits provided under this 25 Section thereby forfeits the right to continue to receive 26 those benefits and shall have his or her retirement annuity 27 recalculated without the benefits provided in this Section. 28 (f) This Section also applies to the Fund established 29 under Article 10 of this Code. 30 (40 ILCS 5/9-146.1) (from Ch. 108 1/2, par. 9-146.1) 31 Sec. 9-146.1. Minimum annuities for widows. The widow of 32 an employee who retires from service or dies while in the 33 service subsequent to June 11, 1965, who is otherwise HB3136 Engrossed -17- LRB9206537LDtm 1 eligible for widow's annuity under this Article and for whom 2 the amount of widow's annuity and widow's prior service 3 annuity combined, fixed or provided for such widow under 4 other provisions of this Article 9 is less than the amount 5 hereinafter provided in this Section, shall, from and after 6 the date her otherwise provided annuity would begin, in lieu 7 of such otherwise provided widow's and widow's prior service 8 annuity, be entitled to the following indicated amount of 9 annuity: 10 (a) The widow,of any employee who dies while in the 11 service on or after the date on which he attains the age of 12 60 or more years with at least 20 years of service, or 10 or 13 more years of service if death occurs on or after attainment 14 of age 65 and on or after January 1, 1982, shall be entitled 15 to an annuity equal to one-half of the amount of annuity 16 which her deceased husband would have been entitled to 17 receive had he withdrawn from the service on the day 18 immediately preceding the date of his death, conditional upon 19 such widow having attained the age of 60 or more years on 20 such date. Such amount of widow's annuity shall not, however, 21 exceed the sum of $500 a month if death in service occurs 22 before July 1, 1985. 23 If such widow of such described employee shall not be 60 24 or more years of age on such date of death, the amount 25 provided in the immediately preceding paragraph for a widow 26 60 or more years of age, shall, in the case of such younger 27 widow, be reduced by 1/2 of 1 per cent for each month that 28 her then attained age is less than 60 years; except that such 29 younger widow of an employee who dies while in service on or 30 after July 1, 1985 with at least 30 years of service, shall 31 not be subject to the reduction in widow's annuity because of 32 her age less than 60 on the date of the employee's death. 33 (b) The widow, of any employee who dies subsequent to 34 the date of his retirement on annuity, and who so retired on HB3136 Engrossed -18- LRB9206537LDtm 1 or after the date on which he attained the age of 60 or more 2 years with at least 20 years of service, or 10 or more years 3 of service if retirement occurs on or after attainment of age 4 65 and on or after January 1, 1982, shall be entitled to an 5 annuity equal to one-half of the amount of annuity which her 6 deceased husband received as of the date of his retirement on 7 annuity, conditional upon such widow having attained the age 8 of 60 or more years on the date of her husband's retirement 9 on annuity. Such amount of widow's annuity shall not, 10 however, exceed the sum of $500 a month if the death occurs 11 before the effective date of this amendatory Act of 1991. 12 If such widow of such described employee shall not have 13 attained such age of 60 or more years on such date of her 14 husband's retirement on annuity, the amount provided in the 15 immediately preceding paragraph for a widow 60 or more years 16 of age on the date of her husband's retirement on annuity, 17 shall, in the case of such then younger widow, be reduced by 18 1/2 of 1 per cent for each month that her then attained age 19 was less than 60 years; except that such younger widow of an 20 employee retiring on or after July 1, 1985 with at least 30 21 years of service, shall not be subject to the reduction in 22 widow's annuity because of her age less than 60 on the date 23 of the employee's retirement. 24 (c) The foregoing provisions relating to minimum 25 annuities for widows shall not apply to the widow of any 26 former county employee receiving an annuity from the Fund on 27 June 11, 1965, who re-enters service as a county employee, 28 unless such employee renders at least 3 years of additional 29 service after the date of re-entry. 30 (d) An annuity being paid to a surviving spouse on 31 January 1, 1984 shall be increased by 10% and shall 32 thereafter be paid at the increased rate until the 33 termination of the annuity by death or other cause. The 34 annuity for a qualifying widow shall not exceed $500 per HB3136 Engrossed -19- LRB9206537LDtm 1 month. 2 (e) The widow of any employee who dies while in service 3 on or after July 1, 1985 but prior to January 1, 1988, and 4 the widow of an employee who retires on or after July 1, 1985 5 but prior to January 1, 1988 with at least 10 years of 6 service, and the widow of an employee who retires on or after 7 January 1, 1984 but prior to July 1, 1985 with at least 30 8 years of service, shall be entitled to an annuity equal to 9 one-half of the amount of annuity which her deceased husband 10 would have received had he retired immediately prior to his 11 death or one-half the amount of the originally granted 12 retirement annuity, whichever is applicable. Such widow's 13 annuity will be reduced 0.5% for each month that the widow's 14 attained age is less than age 60 on the date of the 15 employee's death in service or retirement if the employee's 16 death in service or retirement is before January 1, 1988; 17 except that such younger widow of an employee with at least 18 30 years of service shall not be subject to the reduction in 19 widow's annuity because of her age less than 60 on the date 20 of the employee's death in service or retirement. 21 The widow of an employee who dies in service on or after 22 January 1, 1988, or retires on or after January 1, 1988 with 23 at least 10 years of service, shall be entitled to an annuity 24 equal to 1/2 of the amount of annuity which her deceased 25 husband would have received had he retired immediately prior 26 to his death or 1/2 of the amount of the annuity which her 27 deceased husband received as of the date of his death, 28 whichever is applicable. Such widow's annuity shall be 29 reduced 0.5% for each month that the widow's attained age is 30 less than age 60 on the date of the employee's death if 31 employee's death in service or retirement is after January 1, 32 1988; except that such younger widow of an employee with at 33 least 30 years of service shall not be subject to the 34 reduction in widow's annuity because of her age on the date HB3136 Engrossed -20- LRB9206537LDtm 1 of the employee's death. 2 In lieu of any other annuity provided by this Article, 3 the widow of an employee who dies in service on or after 4 January 1, 1992, or retires on or after January 1, 1992 with 5 at least 10 years of service, shall be entitled to an annuity 6 equal to 1/2 of the amount of annuity which her deceased 7 husband would have received had he retired immediately prior 8 to his death or 1/2 of the amount of the annuity which her 9 deceased husband received as of the date of his death, 10 whichever is applicable. Such widow's annuity shall be 11 reduced 0.5% for each month that the widow's attained age is 12 less than age 55 on the date of the employee's death; except 13 that such younger widow of an employee with at least 30 years 14 of service shall not be subject to the reduction in widow's 15 annuity because of her age on the date of the employee's 16 death. 17 In lieu of any other annuity provided by this Article, 18 the widow of an employee who dies in service or withdraws 19 from service on or after January 1, 1992 but before January 20 1, 1993 at age 55 or over with at least 5 but less than 10 21 years of service, shall be entitled to an annuity equal to 22 half of the amount of annuity which her deceased husband 23 would have received had he retired immediately prior to his 24 death or half of the amount of the annuity which her deceased 25 husband received as of the date of his death, whichever is 26 applicable. This widow's annuity shall be reduced 0.5% for 27 each month that the widow's attained age is less than 60 on 28 the date of the employee's death. 29 However, in the case of an employee dying in service, the 30 amount of widow's annuity shall not be less than 10% of the 31 highest average annual salary for any 4 consecutive years 32 within the last 10 years of service immediately preceding the 33 date of withdrawal. The maximum amount of annuity under this 34 paragraph shall not be limited to a dollar maximum. The HB3136 Engrossed -21- LRB9206537LDtm 1 provisions of this paragraph shall not apply to the widow of 2 any former County employee receiving an annuity from the fund 3 who re-enters service as a County employee, unless such 4 employee renders at least 3 years of additional service after 5 the date of re-entry. 6 (f) An annuity being paid to a surviving spouse on July 7 1, 1988, shall be increased on that date by 1% for each full 8 year that has elapsed from the date the annuity began. 9 (g) In lieu of any other annuity provided under this 10 Article, if the deceased employee was receiving a retirement 11 annuity at the time of his death and that death occurs on or 12 after January 1, 1993, the widow's annuity shall be 50% of 13 the deceased employee's retirement annuity at the time of 14 death, reduced by 0.5% for each month that the widow's age on 15 the date of death is less than 55, except that the reduction 16 does not apply if the deceased employee had at least 30 years 17 of service. 18 (h) In lieu of any other annuity provided under this 19 Article, the widow of an employee who dies in service on or 20 after January 1, 2002 or has at least 10 years of service and 21 dies on or after January 1, 2002 while receiving an annuity 22 shall be entitled to a widow's annuity equal to 65% of the 23 amount of annuity which her deceased husband would have 24 received had he retired immediately prior to his death or 65% 25 of the amount of the annuity which her deceased husband 26 received as of the date of his death, whichever is 27 applicable. This widow's annuity shall be reduced by 0.5% 28 for each month that the widow's age on the date of the 29 employee's death is less than 55, unless the deceased husband 30 had at least 30 years of service. 31 (Source: P.A. 86-273; 87-794; 87-1265.) 32 (40 ILCS 5/9-163) (from Ch. 108 1/2, par. 9-163) 33 Sec. 9-163. Restoration of rights. An employee who has HB3136 Engrossed -22- LRB9206537LDtm 1 withdrawn as a refund the amounts credited for annuity 2 purposes, and who re-enters service and serves for periods 3 comprising at least 2 years after the date of the last refund 4 paid to him, may have his annuity rights restored by making 5 application to the board in writing for the privilege of 6 reinstating such rights and by compliance with the following 7 provisions: 8 (a) The employee shall repay in full to the fund 9 while in service all refunds received, together with 10 interest at the effective rate from the application date 11 of such refund or refunds to the date of repayment. 12 (b) If payment is not made in a single sum, the 13 repayment may be made in installments by deductions from 14 salary or otherwise in such amounts as the employee may 15 elect to pay, with interest at the effective rate 16 accruing on unpaid balances. 17 (c) If the employee withdraws from service or dies 18 in service before full repayment is made, or during the 19 required return to service, the amounts repaid, including 20 interest repaid but without further interest, shall be 21 refunded in accordance with the refund provisions of this 22 Article. 23 For an employee who applies to the Fund to reinstate 24 credit and repay a refund between January 1, 1993 and March 25 1, 1993, the 2 year minimum period of subsequent service 26 required under item (a) shall be instead a period of 6 27 months. 28 A person who establishes service credit under Section 29 9-121.16 may, at the same time, reinstate credit in this Fund 30 and repay a refund without a return to service, 31 notwithstanding the other provisions of this Section. 32 (Source: P.A. 87-1265.) 33 (40 ILCS 5/9-179.3) (from Ch. 108 1/2, par. 9-179.3) HB3136 Engrossed -23- LRB9206537LDtm 1 Sec. 9-179.3. Optional plan of additional benefits and 2 contributions. 3 (a) While this plan is in effect, an employee may 4 establish additional optional credit for additional optional 5 benefits by electing in writing at any time to make 6 additional optional contributions. The employee may 7 discontinue making the additional optional contributions at 8 any time by notifying the fund in writing. 9 (b) Additional optional contributions for the additional 10 optional benefits shall be as follows: 11 (1) For service after the option is elected, an 12 additional contribution of 3% of salary shall be 13 contributed to the fund on the same basis and under the 14 same conditions as contributions required under Sections 15 9-170 and 9-176. 16 (2) For service before the option is elected, an 17 additional contribution of 3% of the salary for the 18 applicable period of service, plus interest at the 19 effective rate from the date of service to the date of 20 payment. All payments for past service must be paid in 21 full before credit is given. No additional optional 22 contributions may be made for any period of service for 23 which credit has been previously forfeited by acceptance 24 of a refund, unless the refund is repaid in full with 25 interest at the effective rate from the date of refund to 26 the date of repayment. 27 (c) Additional optional benefits shall accrue for all 28 periods of eligible service for which additional 29 contributions are paid in full. The additional benefit shall 30 consist of an additional 1% for each year of service for 31 which optional contributions have been paid, based on the 32 highest average annual salary for any 4 consecutive years 33 within the last 10 years of service immediately preceding the 34 date of withdrawal, to be added to the employee retirement HB3136 Engrossed -24- LRB9206537LDtm 1 annuity benefits as otherwise computed under this Article. 2 The calculation of these additional benefits shall be subject 3 to the same terms and conditions as are used in the 4 calculation of retirement annuity under Section 9-134. The 5 additional benefit shall be included in the calculation of 6 the automatic annual increase in annuity, and in the 7 calculation of widow's annuity, where applicable. However no 8 additional benefits will be granted which produce a total 9 annuity greater than the applicable maximum established for 10 that type of annuity in this Article, and additional benefits 11 shall not apply to any benefit computed under Section 12 9-128.1. 13 (d) Refunds of additional optional contributions shall 14 be made on the same basis and under the same conditions as 15 provided under Sections 9-164, 9-166 and 9-167. Interest 16 shall be credited at the effective rate on the same basis and 17 under the same conditions as for other contributions. 18 (e) Optional contributions shall be accounted for in a 19 separate Optional Contribution Reserve. 20 (f) The tax levy, computed under Section 9-169, shall be 21 based on employee contributions including the amount of 22 optional additional employee contributions. 23 (g) Service eligible under this Section may include only 24 service as an employee of the County as defined in Section 25 9-108, and subject to Sections 9-219 and 9-220. No service 26 granted under Section 9-121.1, 9-121.4 or 9-179.2 shall be 27 eligible for optional service credit. No optional service 28 credit may be established for any military service, or for 29 any service under any other Article of this Code. Optional 30 service credit may be established for any period of 31 disability paid from this fund, if the employee makes 32 additional optional contributions for such periods of 33 disability. 34 (h) This plan of optional benefits and contributions HB3136 Engrossed -25- LRB9206537LDtm 1 shall not apply to any former county employee receiving an 2 annuity from the fund, who re-enters service as a County 3 employee, unless he renders at least 3 years of additional 4 service after the date of re-entry. 5 (i) The effective date of the optional plan of 6 additional benefits and contributions shall be July 1, 1985, 7 or the date upon which approval is received from the Internal 8 Revenue Service, whichever is later. 9 (j) This plan of additional benefits and contributions 10 shall expire July 1, 20052002. No additional contributions 11 may be made after that date, and no additional benefits will 12 accrue after that date. 13 (Source: P.A. 90-32, eff. 6-27-97; 90-460, eff. 8-17-97.) 14 (40 ILCS 5/9-185) (from Ch. 108 1/2, par. 9-185) 15 Sec. 9-185. Board created. 16 (a) A board of 97members shall constitute the board of 17 trustees authorized to carry out the provisions of this 18 Article. The board of trustees shall be known as "The 19 Retirement Board of the County Employees' Annuity and Benefit 20 Fund of .... County". The board shall consist of 2 members 21 appointed and 75members elected as hereinafter prescribed. 22 (b) The appointed members shall be appointed as follows: 23 One member shall be appointed by the comptroller of such 24 county, who may be the comptroller or some person chosen by 25 him from among employees of the county, who are versed in the 26 affairs of the comptroller's office; and one member shall be 27 appointed by the treasurer of such county, who may be the 28 treasurer or some person chosen by him from among employees 29 of the County who are versed in the affairs of the 30 treasurer's office. 31 The member appointed by the comptroller shall hold office 32 for a term ending on December 1st of the first year following 33 the year of appointment. The member appointed by the county HB3136 Engrossed -26- LRB9206537LDtm 1 treasurer shall hold office for a term ending on December 1st 2 of the second year following the year of appointment. 3 Thereafter, each appointed member shall be appointed by 4 the officer that appointed his predecessor for a term of 2 5 years. 6 (c) Three county employee members of the board shall be 7 elected as follows: within 30 days from and after the date 8 upon which this Article comes into effect in the county, the 9 clerk of the county shall arrange for and hold an election. 10 One employee shall be elected for a term ending on the first 11 day in the month of December of the first year next following 12 the effective date; one for a term ending on December 1st of 13 the following year; and one for a term ending December 1st of 14 the second following year. 15 (d) Beginning December 1, 1988, and every 3 years 16 thereafter, an annuitant member of the board shall be elected 17 as follows: the board shall arrange for and hold an election 18 in which only those participants who are currently receiving 19 retirement or disability benefits under this Article shall be 20 eligible to vote and be elected. Each such member shall be 21 elected to a term ending on the first day in the month of 22 December of the third following year. 23 (d-1) Beginning December 1, 2001, and every 3 years 24 thereafter, an annuitant member of the board shall be elected 25 as follows: the board shall arrange for and hold an election 26 in which only those participants who are currently receiving 27 retirement benefits under this Article shall be eligible to 28 vote and be elected. Each such member shall be elected to a 29 term ending on the first day in the month of December of the 30 third following year. Until December 1, 2001, the position 31 created under this subsection (d-1) may be filled by the 32 board as in the case of a vacancy. 33 (e) Beginning December 1, 1988, if a Forest Preserve 34 District Employees' Annuity and Benefit Fund shall be in HB3136 Engrossed -27- LRB9206537LDtm 1 force in such county and the board of this fund is charged 2 with administering the affairs of such annuity and benefit 3 fund for employees of such forest preserve district, a forest 4 preserve district member of the board shall be elected as of 5 December 1, 1988, and every 3 years thereafter as follows: 6 the board shall arrange for and hold an election in which 7 only those employees of such forest preserve district who are 8 contributors to the annuity and benefit fund for employees of 9 such forest preserve district shall be eligible to vote and 10 be elected. Each such member shall be elected to a term 11 ending on the first day in the month of December of the third 12 following year. 13 (f) Beginning December 1, 2001, and every 3 years 14 thereafter, if a Forest Preserve District Employees' Annuity 15 and Benefit Fund is in force in the county and the board of 16 this Fund is charged with administering the affairs of that 17 annuity and benefit fund for employees of the forest preserve 18 district, a forest preserve district annuitant member of the 19 board shall be elected as follows: the board shall arrange 20 for and hold an election in which only those participants who 21 are currently receiving retirement benefits under Article 10 22 shall be eligible to vote and be elected. Each such member 23 shall be elected to a term ending on the first day in the 24 month of December of the third following year. Until 25 December 1, 2001, the position created under this subsection 26 (f) may be filled by the board as in the case of a vacancy. 27 (Source: P.A. 85-964; 86-1488.) 28 (40 ILCS 5/9-186) (from Ch. 108 1/2, par. 9-186) 29 Sec. 9-186. Board elections. In each year, the board 30 shall conduct a regular election, under rules adopted by it, 31 at least 30 days prior to the expiration of the term of each 32 elected employee or annuitant member. 33 To be eligible to be a county employee member, a person HB3136 Engrossed -28- LRB9206537LDtm 1 must be an employee of the county and must have at least 5 2 years of service credit in that capacity by December 1 of the 3 year of election. To be eligible to be a forest preserve 4 district member, a person must be an employee of the forest 5 preserve district and must have at least 5 years of service 6 credit in that capacity by December 1 of the year of 7 election. 8 Only those persons who are employees of the county shall 9 be eligible to vote for the 3 county employee members, only 10 those persons who are employees of the forest preserve 11 district shall be eligible to vote for the forest preserve 12 district member,andonly those persons who are currently 13 receiving retirement or disability benefits under this 14 Article shall be eligible to vote for the annuitant members 15 elected under subsections (d) and (d-1) of Section 9-185, and 16 only those persons who are currently receiving retirement 17 benefits under Article 10 shall be eligible to vote for the 18 forest preserve district annuitant member elected under 19 subsection (f) of Section 9-185. The ballot shall be of 20 secret character. 21 Except as otherwise provided in Section 9-187, each 22 member of the board shall hold office until his successor is 23 chosen and has qualified. 24 Any person elected or appointed a member of the board 25 shall qualify for the office by taking an oath of office to 26 be administered by the county clerk or a person designated by 27 him. A copy thereof shall be kept in the office of the 28 county clerk. Any appointment or notice of election shall be 29 in writing and the written instrument shall be filed with the 30 oath. 31 (Source: P.A. 85-964; 86-1488.) 32 (40 ILCS 5/9-187) (from Ch. 108 1/2, par. 9-187) 33 Sec. 9-187. Board vacancy. HB3136 Engrossed -29- LRB9206537LDtm 1 (a) A vacancy in the membership of the board shall be 2 filled as follows: 3 If the vacancy is that of an appointive member, the 4 official who appointed him shall appoint a person to serve 5 for the unexpired term. 6 If the vacancy is that of a county employee member, the 7 remaining members of the board shall appoint a successor from 8 among the employees of the county, who shall serve during the 9 remainder of the unexpired term. 10 If the vacancy is that of a forest preserve district 11 member, the remaining members of the board shall appoint a 12 successor from among the employees of the forest preserve 13 district, who shall serve during the remainder of the 14 unexpired term. 15 If the vacancy is that of an annuitant member other than 16 a forest preserve district annuitant member, the remaining 17 members of the board shall appoint a successor from among 18 those persons who are currently receiving retirement or 19 disability benefits under this Article. 20 If the vacancy is that of a forest preserve district 21 annuitant member, the remaining members of the board shall 22 appoint a successor from among those persons who are 23 currently receiving retirement benefits under Article 10. 24 (b) Any county or forest preserve district member who 25 withdraws from service shall automatically cease to be a 26 member of the board. Any annuitant member other than a 27 forest preserve district annuitant member whose retirement or 28 disability benefits cease under this Article, and any forest 29 preserve district annuitant member whose retirement benefits 30 cease under Article 10, shall also automatically cease to be 31 a member of the Board. 32 (Source: P.A. 85-964; 86-1488.) 33 (40 ILCS 5/9-219) (from Ch. 108 1/2, par. 9-219) HB3136 Engrossed -30- LRB9206537LDtm 1 Sec. 9-219. Computation of service. 2 (1) In computing the term of service of an employee 3 prior to the effective date, the entire period beginning on 4 the date he was first appointed and ending on the day before 5 the effective date, except any intervening period during 6 which he was separated by withdrawal from service, shall be 7 counted for all purposes of this Article. 8 (2) In computing the term of service of any employee on 9 or after the effective date, the following periods of time 10 shall be counted as periods of service for age and service, 11 widow's and child's annuity purposes: 12 (a) The time during which he performed the duties 13 of his position. 14 (b) Vacations, leaves of absence with whole or part 15 pay, and leaves of absence without pay not longer than 90 16 days. 17 (c) For an employee who is a member of a county 18 police department or a correctional officer with the 19 county department of corrections, approved leaves of 20 absence without pay during which the employee serves as a 21 full-time officer or employeeheadof an employee 22 association, the membership of which consists of other 23 participants in the Fundpolice officers, provided that 24 the employee contributes to the Fund (1) the amount that 25 he would have contributed had he remained an active 26 employeemember of the county police departmentin the 27 position he occupied at the time the leave of absence was 28 granted, (2) an amount calculated by the Board 29 representing employer contributions, and (3) regular 30 interest thereon from the date of service to the date of 31 payment. However, if the employee's application to 32 establish credit under this subsection is received by the 33 Fund on or after January 1, 2002 and before July 1, 2002, 34 the amount representing employer contributions specified HB3136 Engrossed -31- LRB9206537LDtm 1 in item (2) shall be waived. 2 For a former member of a county police department 3 who has received a refund under Section 9-164, periods 4 during which the employee serves as head of an employee 5 association, the membership of which consists of other 6 police officers, provided that the employee contributes 7 to the Fund (1) the amount that he would have contributed 8 had he remained an active member of the county police 9 department in the position he occupied at the time he 10 left service, (2) an amount calculated by the Board 11 representing employer contributions, and (3) regular 12 interest thereon from the date of service to the date of 13 payment. However, if the former member of the county 14 police department retires on or after January 1, 1993 but 15 no later than March 1, 1993, the amount representing 16 employer contributions specified in item (2) shall be 17 waived. 18 (d) Any period of disability for which he received 19 disability benefit or whole or part pay. 20 (e) Accumulated vacation or other time for which an 21 employee who retires on or after November 1, 1990 22 receives a lump sum payment at the time of retirement, 23 provided that contributions were made to the fund at the 24 time such lump sum payment was received. The service 25 granted for the lump sum payment shall not change the 26 employee's date of withdrawal for computing the effective 27 date of the annuity. 28 (f) An employee may receive service credit for 29 annuity purposes for accumulated sick leave as of the 30 date of the employee's withdrawal from service, not to 31 exceed a total of 180 days, provided that the amount of 32 such accumulated sick leave is certified by the County 33 Comptroller to the Board and the employee pays an amount 34 equal to 8.5% (9% for members of the County Police HB3136 Engrossed -32- LRB9206537LDtm 1 Department who are eligible to receive an annuity under 2 Section 9-128.1) of the amount that would have been paid 3 had such accumulated sick leave been paid at the 4 employee's final rate of salary. Such payment shall be 5 made within 30 days after the date of withdrawal and 6 prior to receipt of the first annuity check. The service 7 credit granted for such accumulated sick leave shall not 8 change the employee's date of withdrawal for the purpose 9 of computing the effective date of the annuity. 10 (3) In computing the term of service of an employee on 11 or after the effective date for ordinary disability benefit 12 purposes, the following periods of time shall be counted as 13 periods of service: 14 (a) Unless otherwise specified in Section 9-157, 15 the time during which he performed the duties of his 16 position. 17 (b) Paid vacations and leaves of absence with whole 18 or part pay. 19 (c) Any period for which he received duty 20 disability benefit. 21 (d) Any period of disability for which he received 22 whole or part pay. 23 (4) For an employee who on January 1, 1958, was 24 transferred by Act of the 70th General Assembly from his 25 position in a department of welfare of any city located in 26 the county in which this Article is in force and effect to a 27 similar position in a department of such county, service 28 shall also be credited for ordinary disability benefit and 29 child's annuity for such period of department of welfare 30 service during which period he was a contributor to a 31 statutory annuity and benefit fund in such city and for which 32 purposes service credit would otherwise not be credited by 33 virtue of such involuntary transfer. 34 (5) An employee described in subsection (e) of Section HB3136 Engrossed -33- LRB9206537LDtm 1 9-108 shall receive credit for child's annuity and ordinary 2 disability benefit for the period of time for which he was 3 credited with service in the fund from which he was 4 involuntarily separated through class or group transfer; 5 provided, that no such credit shall be allowed to the extent 6 that it results in a duplication of credits or benefits, and 7 neither shall such credit be allowed to the extent that it 8 was or may be forfeited by the application for and acceptance 9 of a refund from the fund from which the employee was 10 transferred. 11 (6) Overtime or extra service shall not be included in 12 computing service. Not more than 1 year of service shall be 13 allowed for service rendered during any calendar year. 14 (Source: P.A. 86-1488; 87-794; 87-1265.) 15 (40 ILCS 5/14-105.7) 16 Sec. 14-105.7. Transfer to Article 9 fund. 17 (a) Until July 1, 20021998, any active or inactive 18 member of the System who has established creditable service 19 under paragraph (i) of Section 14-104 (relating to 20 contractual service to the General Assembly) and is an active 21 or former contributor to the pension fund established under 22 Article 9 of this Code may apply to the Board for transfer of 23 all of his or her creditable service accumulated under this 24 System to the Article 9 fund. The creditable service shall 25 be transferred forthwith. Payment by this System to the 26 Article 9 fund shall be made at the same time and shall 27 consist of: 28 (1) the amounts accumulated to the credit of the 29 applicant for that service, including regular interest, 30 on the books of the System on the date of transfer; plus 31 (2) employer contributions in an amount equal to 32 the amount determined under item (1). 33 Participation in this System as to the credits transferred HB3136 Engrossed -34- LRB9206537LDtm 1 under this Section terminates on the date of transfer. 2 (b) Any person transferring credit under this Section 3 may reinstate credits and creditable service terminated upon 4 receipt of a refund, by paying to the System, before July 1, 5 20021998, the amount of the refund plus regular interest 6 from the date of refund to the date of payment. 7 (c) The changes to this Section and Section 9-121.15 8 made by this amendatory Act of the 92nd General Assembly 9 apply without regard to whether the person is in active 10 service, under this System or the Article 9 Fund, on or after 11 the effective date of this amendatory Act. 12 (Source: P.A. 90-511, eff. 8-22-97.) 13 Section 90. The State Mandates Act is amended by adding 14 Section 8.25 as follows: 15 (30 ILCS 805/8.25 new) 16 Sec. 8.25. Exempt mandate. Notwithstanding Sections 6 17 and 8 of this Act, no reimbursement by the State is required 18 for the implementation of any mandate created by this 19 amendatory Act of the 92nd General Assembly. 20 Section 99. Effective date. This Act takes effect upon 21 becoming law.