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91_SB1103enr
SB1103 Enrolled LRB9102714EGfg
1 AN ACT to amend the Illinois Pension Code.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Pension Code is amended by
5 changing Section 7-145.1 as follows:
6 (40 ILCS 5/7-145.1)
7 Sec. 7-145.1. Alternative annuity for county officers.
8 (a) The benefits provided in this Section and Section
9 7-145.2 are available only if the county board has filed with
10 the Board of the Fund a resolution or ordinance expressly
11 consenting to the availability of these benefits for its
12 elected county officers. The county board's consent is
13 irrevocable with respect to persons participating in the
14 program, but may be revoked at any time with respect to
15 persons who have not paid an additional optional contribution
16 under this Section before the date of revocation.
17 An elected county officer may elect to establish
18 alternative credits for an alternative annuity by electing in
19 writing to make additional optional contributions in
20 accordance with this Section and procedures established by
21 the board. These alternative credits are available only for
22 periods of service as an elected county officer. The elected
23 county officer may discontinue making the additional optional
24 contributions by notifying the Fund in writing in accordance
25 with this Section and procedures established by the board.
26 Additional optional contributions for the alternative
27 annuity shall be as follows:
28 (1) For service as an elected county officer after
29 the option is elected, an additional contribution of 3%
30 of salary shall be contributed to the Fund on the same
31 basis and under the same conditions as contributions
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1 required under Section 7-173.
2 (2) For service as an elected county officer before
3 the option is elected, an additional contribution of 3%
4 of the salary for the applicable period of service, plus
5 interest at the effective rate from the date of service
6 to the date of payment. All payments for past service
7 must be paid in full before credit is given. No
8 additional optional contributions may be made for any
9 period of service for which credit has been previously
10 forfeited by acceptance of a refund, unless the refund is
11 repaid in full with interest at the effective rate from
12 the date of refund to the date of repayment.
13 (b) In lieu of the retirement annuity otherwise payable
14 under this Article, an elected county officer who (1) has
15 elected to participate in the Fund and make additional
16 optional contributions in accordance with this Section, (2)
17 has held and made additional optional contributions with
18 respect to the same elected county office for at least 8
19 years, and (3) (2) has attained age 55 with at least 8 years
20 of service credit (or has attained age 50 with at least 20
21 years of service as a sheriff's law enforcement employee) may
22 elect to have his retirement annuity computed as follows: 3%
23 of the participant's salary at the time of termination of
24 service for each of the first 8 years of service credit, plus
25 4% of that salary for each of the next 4 years of service
26 credit, plus 5% of that salary for each year of service
27 credit in excess of 12 years, subject to a maximum of 80% of
28 that salary.
29 This formula applies only to service in an elected county
30 office that the officer held for at least 8 years, and only
31 to service for which additional optional contributions have
32 been paid under this Section. If an elected county officer
33 qualifies to have this formula applied to service in more
34 than one elected county office, the qualifying service shall
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1 be accumulated for purposes of determining the applicable
2 accrual percentages, but the salary used for each office
3 shall be the separate salary calculated for that office, as
4 defined in subsection (g).
5 To the extent that the elected county officer has service
6 credit that does not qualify for this formula, made
7 additional optional contributions with respect to only a
8 portion of his years of service credit, his retirement
9 annuity will first be determined in accordance with this
10 formula with respect to the service to which this formula
11 applies Section to the extent that additional optional
12 contributions were made, and then in accordance with the
13 remaining Sections of this Article to the extent of years of
14 service credit with respect to the service to which this
15 formula does not apply additional optional contributions were
16 not made.
17 (c) In lieu of the disability benefits otherwise payable
18 under this Article, an elected county officer who (1) has
19 elected to participate in the Fund, and (2) has become
20 permanently disabled and as a consequence is unable to
21 perform the duties of his office, and (3) was making optional
22 contributions in accordance with this Section at the time the
23 disability was incurred, may elect to receive a disability
24 annuity calculated in accordance with the formula in
25 subsection (b). For the purposes of this subsection, an
26 elected county officer shall be considered permanently
27 disabled only if: (i) disability occurs while in service as
28 an elected county officer and is of such a nature as to
29 prevent him from reasonably performing the duties of his
30 office at the time; and (ii) the board has received a written
31 certification by at least 2 licensed physicians appointed by
32 it stating that the officer is disabled and that the
33 disability is likely to be permanent.
34 (d) Refunds of additional optional contributions shall
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1 be made on the same basis and under the same conditions as
2 provided under Section 7-166, 7-167 and 7-168. Interest
3 shall be credited at the effective rate on the same basis and
4 under the same conditions as for other contributions.
5 If an elected county officer fails to hold that same
6 elected county office for at least 8 years, he or she shall
7 be entitled after leaving office to receive a refund of the
8 additional optional contributions made with respect to that
9 office, plus interest at the effective rate.
10 (e) The plan of optional alternative benefits and
11 contributions shall be available to persons who are elected
12 county officers and active contributors to the Fund on or
13 after November 15, 1994. A person who was an elected county
14 officer and an active contributor to the Fund on November 15,
15 1994 but is no longer an active contributor may apply to make
16 additional optional contributions under this Section at any
17 time within 90 days after the effective date of this
18 amendatory Act of 1997; if the person is an annuitant, the
19 resulting increase in annuity shall begin to accrue on the
20 first day of the month following the month in which the
21 required payment is received by the Fund.
22 (f) For the purposes of this Section and Section
23 7-145.2, the terms "elected county officer" and "elected
24 county office" include, but are not limited to: (1) the
25 county clerk, recorder, treasurer, coroner, assessor (if
26 elected), auditor, sheriff, and State's Attorney; members of
27 the county board; and the clerk of the circuit court; and (2)
28 a person who has been appointed to fill a vacancy in an
29 office that is normally filled by election on a countywide
30 basis, for the duration of his or her service in that office.
31 The terms "elected county officer" and "elected county
32 office" do not include any officer or office of a county that
33 has not consented to the availability of benefits under this
34 Section and Section 7-145.2.
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1 (g) For the purposes of this Section and Section
2 7-145.2, the term "salary" means the final rate of earnings
3 for the elected county office held, calculated in a manner
4 consistent with Section 7-116, but for that office only. If
5 an elected county officer qualifies to have the formula in
6 subsection (b) applied to service in more than one elected
7 county office, a separate salary shall be calculated and
8 applied with respect to each such office.
9 (h) The changes to this Section made by this amendatory
10 Act of the 91st General Assembly apply to persons who first
11 make an additional optional contribution under this Section
12 on or after the effective date of this amendatory Act.
13 (Source: P.A. 90-32, eff. 6-27-97.)
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.
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