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90_HB0593enr
40 ILCS 5/3-109 from Ch. 108 1/2, par. 3-109
40 ILCS 5/3-109.1 from Ch. 108 1/2, par. 3-109.1
40 ILCS 5/3-110 from Ch. 108 1/2, par. 3-110
40 ILCS 5/3-110.7 new
40 ILCS 5/3-111 from Ch. 108 1/2, par. 3-111
40 ILCS 5/7-109 from Ch. 108 1/2, par. 7-109
40 ILCS 5/7-139.9 new
30 ILCS 805/8.21 new
Amends the Illinois Pension Code to allow active members
to transfer credits between downstate police pension funds.
Requires payment of any resulting additional cost to the
fund. Allows a person with less than 8 years of creditable
service to receive a retirement pension from a police pension
fund, if the person has at least 8 years of credit in another
police pension fund and is receiving a retirement pension.
Allows reinstatement of service terminated by refund. Allows
chiefs who have elected to participate in IMRF to rescind
that election until January 1, 1999 and to transfer certain
credits back to the police pension fund. Amends the State
Mandates Act to require implementation without reimbursement.
Effective immediately.
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1 AN ACT to amend the Illinois Pension Code by changing
2 Sections 3-109, 3-109.1, 3-110, 3-111, 7-109, and 9-179.3 and
3 adding Sections 3-110.7 and 7-139.9 and to amend the State
4 Mandates Act.
5 Be it enacted by the People of the State of Illinois,
6 represented in the General Assembly:
7 Section 5. The Illinois Pension Code is amended by
8 changing Sections 3-109, 3-109.1, 3-110, 3-111, 7-109, and
9 9-179.3 and adding Sections 3-110.7 and 7-139.9 as follows:
10 (40 ILCS 5/3-109) (from Ch. 108 1/2, par. 3-109)
11 Sec. 3-109. Persons excluded.
12 (a) The following persons shall not be eligible to
13 participate in a fund created under this Article:
14 (1) part-time police officers, special police
15 officers, night watchmen, temporary employees, traffic
16 guards or so-called auxiliary police officers specially
17 appointed to aid or direct traffic at or near schools or
18 public functions, or to aid in civil defense, municipal
19 parking lot attendants, clerks or other civilian
20 employees of a police department who perform clerical
21 duties exclusively;
22 (2) any police officer who fails to pay the
23 contributions required under Section 3-125.1, computed
24 (i) for funds established prior to August 5, 1963, from
25 the date the municipality established the fund or the
26 date of a police officer's first appointment (including
27 an appointment on probation), whichever is later, or
28 (ii) for funds established after August 5, 1963, from the
29 date, as determined from the statistics or census
30 provided in Section 3-103, the municipality became
31 subject to this Article by attaining the minimum
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1 population or by referendum, or the date of a police
2 officer's first appointment (including an appointment on
3 probation), whichever is later, and continuing during his
4 or her entire service as a police officer; and
5 (3) any person who has elected under Section 3-109.1
6 to participate in the Illinois Municipal Retirement Fund
7 rather than in a fund established under this Article,
8 without regard to whether the person continues to be
9 employed as chief of police or is employed in some other
10 rank or capacity within the police department, unless the
11 person has lawfully rescinded that election.
12 (b) A police officer who is reappointed shall, before
13 being declared eligible to participate in the pension fund,
14 repay to the fund as required by Section 3-124 any refund
15 received thereunder.
16 (c) Any person otherwise qualified to participate who
17 was excluded from participation by reason of the age
18 restriction removed by Public Act 79-1165 may elect to
19 participate by making a written application to the Board
20 before January 1, 1990. Persons so electing shall begin
21 participation on the first day of the month following the
22 date of application. Such persons may also elect to
23 establish creditable service for periods of employment as a
24 police officer during which they did not participate by
25 paying into the police pension fund, before January 1, 1990,
26 the amount that the person would have contributed had
27 deductions from salary been made for such purpose at the time
28 such service was rendered, together with interest thereon at
29 6% per annum from the time such service was rendered until
30 the date the payment is made.
31 (d) A person otherwise qualified to participate who was
32 excluded from participation by reason of the fitness
33 requirement removed by this amendatory Act of 1995 may elect
34 to participate by making a written application to the Board
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1 before July 1, 1996. Persons so electing shall begin
2 participation on the first day of the month following the
3 month in which the application is received by the Board.
4 These persons may also elect to establish creditable service
5 for periods of employment as a police officer during which
6 they did not participate by paying into the police pension
7 fund, before January 1, 1997, the amount that the person
8 would have contributed had deductions from salary been made
9 for this purpose at the time the service was rendered,
10 together with interest thereon at 6% per annum, compounded
11 annually, from the time the service was rendered until the
12 date of payment.
13 (Source: P.A. 89-52, eff. 6-30-95.)
14 (40 ILCS 5/3-109.1) (from Ch. 108 1/2, par. 3-109.1)
15 Sec. 3-109.1. Chief of police.
16 (a) Beginning January 1, 1990, any person who is
17 employed as the chief of police of a "participating
18 municipality" as defined in Section 7-106 of this Code, may
19 elect to participate in the Illinois Municipal Retirement
20 Fund rather than in a fund created under this Article 3.
21 Except as provided in subsection (b), this Such election
22 shall be irrevocable, and shall be filed in writing with the
23 Board of the Illinois Municipal Retirement Fund.
24 (b) Until January 1, 1999, a chief of police who has
25 elected under this Section to participate in IMRF rather than
26 a fund created under this Article may elect to rescind that
27 election and transfer his or her participation to the police
28 pension fund established under this Article by the employing
29 municipality. The chief must notify the boards of trustees
30 of both funds in writing of his or her decision to rescind
31 the election and transfer participation. A chief of police
32 who transfers participation under this subsection (b) shall
33 not be deemed ineligible to participate in the police pension
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1 fund by reason of having failed to apply within the 3-month
2 period specified in Section 3-106.
3 (Source: P.A. 86-273.)
4 (40 ILCS 5/3-110) (from Ch. 108 1/2, par. 3-110)
5 Sec. 3-110. Creditable service.
6 (a) "Creditable service" is the time served by a police
7 officer as a member of a regularly constituted police force
8 of a municipality. In computing creditable service furloughs
9 without pay exceeding 30 days shall not be counted, but all
10 leaves of absence for illness or accident, regardless of
11 length, and all periods of disability retirement for which a
12 police officer has received no disability pension payments
13 under this Article shall be counted.
14 (b) Creditable service includes all periods of service
15 in the military, naval or air forces of the United States
16 entered upon while an active police officer of a
17 municipality, provided that upon applying for a permanent
18 pension, and in accordance with the rules of the board, the
19 police officer pays into the fund the amount the officer
20 would have contributed if he or she had been a regular
21 contributor during such period, to the extent that the
22 municipality which the police officer served has not made
23 such contributions in the officer's behalf. The total amount
24 of such creditable service shall not exceed 5 years, except
25 that any police officer who on July 1, 1973 had more than 5
26 years of such creditable service shall receive the total
27 amount thereof.
28 (c) Creditable service also includes service rendered by
29 a police officer while on leave of absence from a police
30 department to serve as an executive of an organization whose
31 membership consists of members of a police department,
32 subject to the following conditions: (i) the police officer
33 is a participant of a fund established under this Article
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1 with at least 10 years of service as a police officer; (ii)
2 the police officer received no credit for such service under
3 any other retirement system, pension fund, or annuity and
4 benefit fund included in this Code; (iii) pursuant to the
5 rules of the board the police officer pays to the fund the
6 amount he or she would have contributed had the officer been
7 an active member of the police department; and (iv) the
8 organization pays a contribution equal to the municipality's
9 normal cost for that period of service.
10 (d)(1) Creditable service also includes periods of
11 service originally established in another police pension fund
12 under this Article or in the Fund established under Article 7
13 of this Code for which (i) the contributions have been
14 transferred under Section 3-110.7 or Section 7-139.9 and (ii)
15 any additional contribution required under paragraph (2) of
16 this subsection has been paid in full in accordance with the
17 requirements of this subsection (d).
18 (2) If the board of the pension fund to which creditable
19 service and related contributions are transferred under
20 Section 3-110.7 or 7-139.9 determines that the amount
21 transferred is less than the true cost to the pension fund of
22 allowing that creditable service to be established, then in
23 order to establish that creditable service the police officer
24 must pay to the pension fund, within the payment period
25 specified in paragraph (3) of this subsection, an additional
26 contribution equal to the difference, as determined by the
27 board in accordance with the rules and procedures adopted
28 under paragraph (6) of this subsection.
29 (3) Except as provided in paragraph (4), the additional
30 contribution must be paid to the board (i) within 5 years
31 from the date of the transfer of contributions under Section
32 3-110.7 or 7-139.9 and (ii) before the police officer
33 terminates service with the fund. The additional
34 contribution may be paid in a lump sum or in accordance with
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1 a schedule of installment payments authorized by the board.
2 (4) If the police officer dies in service before payment
3 in full has been made and before the expiration of the 5-year
4 payment period, the surviving spouse of the officer may elect
5 to pay the unpaid amount on the officer's behalf within 6
6 months after the date of death, in which case the creditable
7 service shall be granted as though the deceased police
8 officer had paid the remaining balance on the day before the
9 date of death.
10 (5) If the additional contribution is not paid in full
11 within the required time, the creditable service shall not be
12 granted and the police officer (or the officer's surviving
13 spouse or estate) shall be entitled to receive a refund of
14 (i) any partial payment of the additional contribution that
15 has been made by the police officer and (ii) those portions
16 of the amounts transferred under subdivision (a)(1) of
17 Section 3-110.7 or subdivisions (a)(1) and (a)(3) of Section
18 7-139.9 that represent employee contributions paid by the
19 police officer (but not the accumulated interest on those
20 contributions) and interest paid by the police officer to the
21 prior pension fund in order to reinstate service terminated
22 by acceptance of a refund.
23 Transferred credit that is not granted due to failure to
24 pay the additional contribution within the required time is
25 lost; it may not be transferred to another pension fund and
26 may not be reinstated in the pension fund from which it was
27 transferred.
28 (6) The Public Employee Pension Fund Division of the
29 Department of Insurance shall establish by rule the manner of
30 making the calculation required under paragraph (2) of this
31 subsection, taking into account the appropriate actuarial
32 assumptions; the police officer's service, age, and salary
33 history; the level of funding of the pension fund to which
34 the credits are being transferred; and any other factors that
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1 the Division determines to be relevant. The rules may
2 require that all calculations made under paragraph (2) be
3 reported to the Division by the board performing the
4 calculation, together with documentation of the creditable
5 service to be transferred, the amounts of contributions and
6 interest to be transferred, the manner in which the
7 calculation was performed, the numbers relied upon in making
8 the calculation, the results of the calculation, and any
9 other information the Division may deem useful.
10 (Source: P.A. 89-52, eff. 6-30-95.)
11 (40 ILCS 5/3-110.7 new)
12 Sec. 3-110.7. Transfer between Article 3 funds.
13 (a) An active member of a pension fund established under
14 this Article may apply for transfer to that fund of his or
15 her creditable service and related contributions accumulated
16 in any other police pension fund established under this
17 Article, except that a police officer may not transfer
18 creditable service under this Section from a pension fund
19 unless (i) the police officer actively served in the police
20 department under that fund for at least 2 years, (ii) the
21 police officer actively served in the police department under
22 that fund for less than 2 years but was laid off or otherwise
23 involuntarily terminated for a reason other than the fault of
24 the officer, or (iii) the police officer was not in service
25 in the police department under that fund on or after the
26 effective date of this Section. Upon receiving the
27 application, that other pension fund shall transfer to the
28 pension fund in which the applicant currently participates an
29 amount equal to:
30 (1) the amounts actually contributed by or on
31 behalf of the applicant to the fund as employee
32 contributions (including any interest paid by the
33 applicant in order to reinstate service), plus interest
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1 on those amounts at the rate of 6% per year, compounded
2 annually, from the date of contribution to the date of
3 transfer; plus
4 (2) an amount representing employer contributions,
5 equal to the total amount determined under subdivision
6 (1).
7 Participation in that other pension fund shall terminate on
8 the date of transfer.
9 (b) An active member of a pension fund established under
10 this Article may reinstate service in any other pension fund
11 established under this Article that was terminated by receipt
12 of a refund, by paying to that other pension fund the amount
13 of the refund plus interest thereon at the rate of 6% per
14 year, compounded annually, from the date of refund to the
15 date of payment.
16 (40 ILCS 5/3-111) (from Ch. 108 1/2, par. 3-111)
17 Sec. 3-111. Pension.
18 (a) A police officer age 50 or more with 20 or more
19 years of creditable service, who is no longer in service as a
20 police officer, shall receive a pension of 1/2 of the salary
21 attached to the rank held by the officer on the police force
22 for one year immediately prior to retirement or, beginning
23 July 1, 1987 for persons terminating service on or after that
24 date, the salary attached to the rank held on the last day of
25 service or for one year prior to the last day, whichever is
26 greater. The pension shall be increased by 2% of such salary
27 for each additional year of service over 20 years, up to 30
28 years, and 1% of such salary for each additional year of
29 service over 30 years, to a maximum of 75% of such salary.
30 No pension in effect on or granted after June 30, l973 shall
31 be less than $200 per month. Beginning July 1, 1987, the
32 minimum retirement pension for a police officer having at
33 least 20 years of creditable service shall be $400 per month,
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1 without regard to whether or not retirement occurred prior to
2 that date.
3 (b) A police officer mandatorily retired from service
4 due to age by operation of law, having at least 8 but less
5 than 20 years of creditable service, shall receive a pension
6 equal to 2 1/2% of the salary attached to the rank he or she
7 held on the police force for one year immediately prior to
8 retirement or, beginning July 1, 1987 for persons terminating
9 service on or after that date, the salary attached to the
10 rank held on the last day of service or for one year prior to
11 the last day, whichever is greater, for each year of
12 creditable service.
13 A police officer who retires or is separated from service
14 having at least 8 years but less than 20 years of creditable
15 service, who is not mandatorily retired due to age by
16 operation of law, and who does not apply for a refund of
17 contributions at his or her last separation from police
18 service, shall receive a pension upon attaining age 60 equal
19 to 2.5% of the salary attached to the rank held by the police
20 officer on the police force for one year immediately prior to
21 retirement or, beginning July 1, 1987 for persons terminating
22 service on or after that date, the salary attached to the
23 rank held on the last day of service or for one year prior to
24 the last day, whichever is greater, for each year of
25 creditable service.
26 (c) A police officer no longer in service who has at
27 least one but less than 8 years of creditable service in a
28 police pension fund but meets the requirements of this
29 subsection (c) shall be eligible to receive a pension from
30 that fund equal to 2.5% of the salary attached to the rank
31 held on the last day of service under that fund or for one
32 year prior to that last day, whichever is greater, for each
33 year of creditable service in that fund. The pension shall
34 begin no earlier than upon attainment of age 60 (or upon
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1 mandatory retirement from the fund by operation of law due to
2 age, if that occurs before age 60) and in no event before the
3 effective date of this amendatory Act of 1997.
4 In order to be eligible for a pension under this
5 subsection (c), the police officer must have at least 8 years
6 of creditable service in a second police pension fund under
7 this Article and be receiving a pension under subsection (a)
8 or (b) of this Section from that second fund. The police
9 officer need not be in service on or after the effective date
10 of this amendatory Act of 1997.
11 (Source: P.A. 85-941.)
12 (40 ILCS 5/7-109) (from Ch. 108 1/2, par. 7-109)
13 Sec. 7-109. Employee.
14 (1) "Employee" means any person who:
15 (a) 1. Receives earnings as payment for the
16 performance of personal services or official duties
17 out of the general fund of a municipality, or out of
18 any special fund or funds controlled by a
19 municipality, or by an instrumentality thereof, or a
20 participating instrumentality, including, in
21 counties, the fees or earnings of any county fee
22 office; and
23 2. Under the usual common law rules applicable
24 in determining the employer-employee relationship,
25 has the status of an employee with a municipality,
26 or any instrumentality thereof, or a participating
27 instrumentality, including aldermen, county
28 supervisors and other persons (excepting those
29 employed as independent contractors) who are paid
30 compensation, fees, allowances or other emolument
31 for official duties, and, in counties, the several
32 county fee offices.
33 (b) Serves as a township treasurer appointed under
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1 the School Code, as heretofore or hereafter amended, and
2 who receives for such services regular compensation as
3 distinguished from per diem compensation, and any regular
4 employee in the office of any township treasurer whether
5 or not his earnings are paid from the income of the
6 permanent township fund or from funds subject to
7 distribution to the several school districts and parts of
8 school districts as provided in the School Code, or from
9 both such sources.
10 (c) Holds an elective office in a municipality,
11 instrumentality thereof or participating instrumentality.
12 (2) "Employee" does not include persons who:
13 (a) Are eligible for inclusion under any of the
14 following laws:
15 1. "An Act in relation to an Illinois State
16 Teachers' Pension and Retirement Fund", approved May
17 27, 1915, as amended;
18 2. Articles 15 and 16 of this Code.
19 However, such persons shall be included as employees
20 to the extent of earnings that are not eligible for
21 inclusion under the foregoing laws for services not of an
22 instructional nature of any kind.
23 However, any member of the armed forces who is
24 employed as a teacher of subjects in the Reserve Officers
25 Training Corps of any school and who is not certified
26 under the law governing the certification of teachers
27 shall be included as an employee.
28 (b) Are designated by the governing body of a
29 municipality in which a pension fund is required by law
30 to be established for policemen or firemen, respectively,
31 as performing police or fire protection duties, except
32 that when such persons are the heads of the police or
33 fire department and are not eligible to be included
34 within any such pension fund, they shall be included
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1 within this Article; provided, that such persons shall
2 not be excluded to the extent of concurrent service and
3 earnings not designated as being for police or fire
4 protection duties. However, (i) any head of a police
5 department who was a participant under this Article
6 immediately before October 1, 1977 and did not elect,
7 under Section 3-109 of this Act, to participate in a
8 police pension fund shall be an "employee", and (ii) any
9 chief of police who elects to participate in this Fund
10 under Section 3-109.1 of this Code, regardless of whether
11 such person continues to be employed as chief of police
12 or is employed in some other rank or capacity within the
13 police department, shall be an employee under this
14 Article for so long as such person is employed to perform
15 police duties by a participating municipality and has not
16 lawfully rescinded that election.
17 (3) All persons, including, without limitation, public
18 defenders and probation officers, who receive earnings from
19 general or special funds of a county for performance of
20 personal services or official duties within the territorial
21 limits of the county, are employees of the county (unless
22 excluded by subsection (2) of this Section) notwithstanding
23 that they may be appointed by and are subject to the
24 direction of a person or persons other than a county board or
25 a county officer. It is hereby established that an
26 employer-employee relationship under the usual common law
27 rules exists between such employees and the county paying
28 their salaries by reason of the fact that the county boards
29 fix their rates of compensation, appropriate funds for
30 payment of their earnings and otherwise exercise control over
31 them. This finding and this amendatory Act shall apply to
32 all such employees from the date of appointment whether such
33 date is prior to or after the effective date of this
34 amendatory Act and is intended to clarify existing law
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1 pertaining to their status as participating employees in the
2 Fund.
3 (Source: P.A. 86-273; 86-820; 86-1028.)
4 (40 ILCS 5/7-139.9 new)
5 Sec. 7-139.9. Transfer to Article 3 pension fund.
6 (a) Until January 1, 1999, a person who has lawfully
7 rescinded an election to participate in this Fund under
8 Section 3-109.1 and has become an active participant in a
9 police pension fund established under Article 3 of this Code
10 may apply for transfer to that Article 3 fund of his or her
11 creditable service accumulated under this Article for
12 municipal law enforcement service. At the time of the
13 transfer the Fund shall pay to the police pension fund an
14 amount equal to:
15 (1) the amounts accumulated to the credit of the
16 applicant for municipal law enforcement service,
17 including interest; and
18 (2) the municipality credits based on that service,
19 including interest; and
20 (3) any interest paid by the applicant in order to
21 reinstate that service.
22 Participation in this Fund with respect to the transferred
23 credits shall terminate on the date of transfer.
24 For the purposes of this Section, "municipal law
25 enforcement service" means service with the police department
26 of a participating municipality for which the applicant
27 established creditable service under this Article as a result
28 of an election under Section 3-109.1 of this Code.
29 (b) An active member of a pension fund established under
30 Article 3 of this Code may reinstate municipal law
31 enforcement service under this Article that was terminated by
32 receipt of a refund, by paying to the Fund the amount of the
33 refund plus interest thereon at the rate of 6% per year,
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1 compounded annually, from the date of refund to the date of
2 payment.
3 (c) A chief of police who participates in this Fund as a
4 result of an election under Section 3-109.1 may rescind that
5 election and transfer his or her participation from this Fund
6 to a police pension fund established under Article 3 of this
7 Code in which he or she is eligible to participate, as
8 provided in Section 3-109.1(b). A transfer of participation
9 under this subsection (c) and Section 3-109.1(b) is
10 irrevocable.
11 (40 ILCS 5/9-179.3) (from Ch. 108 1/2, par. 9-179.3)
12 Sec. 9-179.3. Optional plan of additional benefits and
13 contributions.
14 (a) While this plan is in effect, an employee may
15 establish additional optional credit for additional optional
16 benefits by electing in writing at any time to make
17 additional optional contributions. The employee may
18 discontinue making the additional optional contributions at
19 any time by notifying the fund in writing.
20 (b) Additional optional contributions for the additional
21 optional benefits shall be as follows:
22 (1) For service after the option is elected, an
23 additional contribution of 3% of salary shall be
24 contributed to the fund on the same basis and under the
25 same conditions as contributions required under Sections
26 9-170 and 9-176.
27 (2) For service before the option is elected, an
28 additional contribution of 3% of the salary for the
29 applicable period of service, plus interest at the
30 effective rate from the date of service to the date of
31 payment. All payments for past service must be paid in
32 full before credit is given. No additional optional
33 contributions may be made for any period of service for
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1 which credit has been previously forfeited by acceptance
2 of a refund, unless the refund is repaid in full with
3 interest at the effective rate from the date of refund to
4 the date of repayment.
5 (c) Additional optional benefits shall accrue for all
6 periods of eligible service for which additional
7 contributions are paid in full. The additional benefit shall
8 consist of an additional 1% for each year of service for
9 which optional contributions have been paid, based on the
10 highest average annual salary for any 4 consecutive years
11 within the last 10 years of service immediately preceding the
12 date of withdrawal, to be added to the employee retirement
13 annuity benefits as otherwise computed under this Article.
14 The calculation of these additional benefits shall be subject
15 to the same terms and conditions as are used in the
16 calculation of retirement annuity under Section 9-134. The
17 additional benefit shall be included in the calculation of
18 the automatic annual increase in annuity, and in the
19 calculation of widow's annuity, where applicable. However no
20 additional benefits will be granted which produce a total
21 annuity greater than the applicable maximum established for
22 that type of annuity in this Article, and additional benefits
23 shall not apply to any benefit computed under Section
24 9-128.1.
25 (d) Refunds of additional optional contributions shall
26 be made on the same basis and under the same conditions as
27 provided under Sections 9-164, 9-166 and 9-167. Interest
28 shall be credited at the effective rate on the same basis and
29 under the same conditions as for other contributions.
30 (e) Optional contributions shall be accounted for in a
31 separate Optional Contribution Reserve.
32 (f) The tax levy, computed under Section 9-169, shall be
33 based on employee contributions including the amount of
34 optional additional employee contributions.
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1 (g) Service eligible under this Section may include only
2 service as an employee of the County as defined in Section
3 9-108, and subject to Sections 9-219 and 9-220. No service
4 granted under Section 9-121.1, 9-121.4 or 9-179.2 shall be
5 eligible for optional service credit. No optional service
6 credit may be established for any military service, or for
7 any service under any other Article of this Code. Optional
8 service credit may be established for any period of
9 disability paid from this fund, if the employee makes
10 additional optional contributions for such periods of
11 disability.
12 (h) This plan of optional benefits and contributions
13 shall not apply to any former county employee receiving an
14 annuity from the fund, who re-enters service as a County
15 employee, unless he renders at least 3 years of additional
16 service after the date of re-entry.
17 (i) The effective date of the optional plan of
18 additional benefits and contributions shall be July 1, 1985,
19 or the date upon which approval is received from the Internal
20 Revenue Service, whichever is later.
21 (j) This plan of additional benefits and contributions
22 shall expire July 1, 2002 1997. No additional contributions
23 may be made after that date, and no additional benefits will
24 accrue after that date.
25 (Source: P.A. 86-1027; 87-794.)
26 Section 90. The State Mandates Act is amended by adding
27 Section 8.21 as follows:
28 (30 ILCS 805/8.21 new)
29 Sec. 8.21. Exempt mandate. Notwithstanding Sections 6
30 and 8 of this Act, no reimbursement by the State is required
31 for the implementation of any mandate created by this
32 amendatory Act of 1997.
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.
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