State of Illinois
92nd General Assembly
Legislation

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92_SB0484

 
                                               LRB9203905EGfg

 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 9-179.3 as follows:

 6        (40 ILCS 5/9-179.3) (from Ch. 108 1/2, par. 9-179.3)
 7        Sec. 9-179.3.  Optional plan of additional  benefits  and
 8    contributions.
 9        (a)  While  this  plan  is  in  effect,  an  employee may
10    establish additional optional credit for additional  optional
11    benefits   by  electing  in  writing  at  any  time  to  make
12    additional  optional   contributions.    The   employee   may
13    discontinue  making  the additional optional contributions at
14    any time by notifying the fund in writing.
15        (b)  Additional optional contributions for the additional
16    optional benefits shall be as follows:
17             (1)  For service after the  option  is  elected,  an
18        additional   contribution   of  3%  of  salary  shall  be
19        contributed to the fund on the same basis and  under  the
20        same  conditions as contributions required under Sections
21        9-170 and 9-176.
22             (2)  For service before the option  is  elected,  an
23        additional  contribution  of  3%  of  the  salary for the
24        applicable  period  of  service,  plus  interest  at  the
25        effective rate from the date of service to  the  date  of
26        payment.   All  payments for past service must be paid in
27        full before  credit  is  given.  No  additional  optional
28        contributions  may  be made for any period of service for
29        which credit has been previously forfeited by  acceptance
30        of  a  refund,  unless  the refund is repaid in full with
31        interest at the effective rate from the date of refund to
 
                            -2-                LRB9203905EGfg
 1        the date of repayment.
 2        (c)  Additional optional benefits shall  accrue  for  all
 3    periods    of   eligible   service   for   which   additional
 4    contributions are paid in full.  The additional benefit shall
 5    consist of an additional 1% for  each  year  of  service  for
 6    which  optional  contributions  have  been paid, based on the
 7    highest average annual salary for  any  4  consecutive  years
 8    within the last 10 years of service immediately preceding the
 9    date  of  withdrawal,  to be added to the employee retirement
10    annuity benefits as otherwise computed  under  this  Article.
11    The calculation of these additional benefits shall be subject
12    to  the  same  terms  and  conditions  as  are  used  in  the
13    calculation  of  retirement annuity under Section 9-134.  The
14    additional benefit shall be included in  the  calculation  of
15    the   automatic  annual  increase  in  annuity,  and  in  the
16    calculation of widow's annuity, where applicable.  However no
17    additional benefits will be granted  which  produce  a  total
18    annuity  greater  than the applicable maximum established for
19    that type of annuity in this Article, and additional benefits
20    shall  not  apply  to  any  benefit  computed  under  Section
21    9-128.1.
22        (d)  Refunds of additional optional  contributions  shall
23    be  made  on  the same basis and under the same conditions as
24    provided under Sections 9-164,  9-166  and  9-167.   Interest
25    shall be credited at the effective rate on the same basis and
26    under the same conditions as for other contributions.
27        (e)  Optional  contributions  shall be accounted for in a
28    separate Optional Contribution Reserve.
29        (f)  The tax levy, computed under Section 9-169, shall be
30    based on  employee  contributions  including  the  amount  of
31    optional additional employee contributions.
32        (g)  Service eligible under this Section may include only
33    service  as  an  employee of the County as defined in Section
34    9-108, and subject to Sections 9-219 and 9-220.   No  service
 
                            -3-                LRB9203905EGfg
 1    granted  under  Section  9-121.1, 9-121.4 or 9-179.2 shall be
 2    eligible for optional service credit.   No  optional  service
 3    credit  may  be  established for any military service, or for
 4    any service under any other Article of this  Code.   Optional
 5    service   credit   may  be  established  for  any  period  of
 6    disability  paid  from  this  fund,  if  the  employee  makes
 7    additional  optional  contributions  for  such   periods   of
 8    disability.
 9        (h)  This  plan  of  optional  benefits and contributions
10    shall not apply to any former county  employee  receiving  an
11    annuity  from  the  fund,  who  re-enters service as a County
12    employee, unless he renders at least 3  years  of  additional
13    service after the date of re-entry.
14        (i)  The   effective   date   of  the  optional  plan  of
15    additional benefits and contributions shall be July 1,  1985,
16    or the date upon which approval is received from the Internal
17    Revenue Service, whichever is later.
18        (j)  This  plan  of additional benefits and contributions
19    shall expire July 1, 2005 2002.  No additional  contributions
20    may  be made after that date, and no additional benefits will
21    accrue after that date.
22    (Source: P.A. 90-32, eff. 6-27-97; 90-460, eff. 8-17-97.)

23        Section 90.  The State Mandates Act is amended by  adding
24    Section 8.25 as follows:

25        (30 ILCS 805/8.25 new)
26        Sec.  8.25.  Exempt  mandate.  Notwithstanding Sections 6
27    and 8 of this Act, no reimbursement by the State is  required
28    for  the  implementation  of  any  mandate  created  by  this
29    amendatory Act of the 92nd General Assembly.

30        Section  99.  Effective date.  This Act takes effect upon
31    becoming law.

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