Full Text of SB1355 94th General Assembly
SB1355eng 94TH GENERAL ASSEMBLY
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Section 7-145.1
as follows:
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| (40 ILCS 5/7-145.1)
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| Sec. 7-145.1. Alternative annuity for county officers.
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| (a) The benefits provided in this Section and Section | 9 |
| 7-145.2 are available
to elected county officers other than | 10 |
| members of a board of commissioners of
a forest preserve | 11 |
| district who are elected pursuant to Section 3c of the
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| Downstate Forest Preserve District Act only if the county board | 13 |
| has filed
with the
Board of the Fund a resolution or ordinance | 14 |
| expressly consenting to the
availability of these benefits for | 15 |
| its elected county officers. The benefits
provided in this | 16 |
| Section and Section 7-145.2 are available to members of a
board | 17 |
| of commissioners of a forest preserve district who are elected | 18 |
| pursuant
to Section 3c of the Downstate Forest Preserve | 19 |
| District Act only if that board
of commissioners has filed with | 20 |
| the Board of the Fund a resolution or ordinance
expressly | 21 |
| consenting to the availability of these benefits for its | 22 |
| elected
county officers. The county board's or board of | 23 |
| commissioners of a forest
preserve district's consent is | 24 |
| irrevocable with respect to persons
participating in the | 25 |
| program, but may be revoked at any time with respect to
persons | 26 |
| who have not paid an additional optional contribution under | 27 |
| this
Section before the date of revocation.
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| An elected county officer may elect to establish | 29 |
| alternative credits for
an alternative annuity by electing in | 30 |
| writing to make additional optional
contributions in | 31 |
| accordance with this Section and procedures established
by the | 32 |
| board. These alternative credits are available only for periods |
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| of
service as an elected county officer. The elected county | 2 |
| officer may
discontinue making the additional optional | 3 |
| contributions by notifying the
Fund in writing in accordance | 4 |
| with this Section and procedures established
by the board.
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| Additional optional contributions for the alternative | 6 |
| annuity shall
be as follows:
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| (1) For service as an elected county officer after the | 8 |
| option is
elected, an additional contribution of 3% of | 9 |
| salary shall be contributed
to the Fund on the same basis | 10 |
| and under the same conditions as contributions
required | 11 |
| under Section 7-173.
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| (2) For service as an elected county officer before the | 13 |
| option is
elected, an additional contribution of 3% of the | 14 |
| salary for the applicable
period of service, plus interest | 15 |
| at the effective rate from the date of
service to the date | 16 |
| of payment, plus any additional amount required by
the | 17 |
| county board under paragraph (3) in the case of elected | 18 |
| county officers
other than members of a forest preserve | 19 |
| district who are elected pursuant to
Section 3c of the | 20 |
| Downstate Forest Preserve District Act or by the board of
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| forest preserve commissioners in the case of elected county | 22 |
| officers who are
members of a forest preserve district who | 23 |
| are elected pursuant to Section 3c of
the Downstate Forest | 24 |
| Preserve District Act . All payments for past service
must | 25 |
| be paid in full before credit is given.
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| (3) With respect to service as an elected county | 27 |
| officer before the
option is elected, if payment is made | 28 |
| after the county board or board of
forest preserve | 29 |
| commissioners has filed with the Board of the Fund a
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| resolution or ordinance requiring an additional | 31 |
| contribution under this
paragraph, then the contribution | 32 |
| required under paragraph (2) shall include an
amount to be | 33 |
| determined by the Fund, equal to the actuarial present | 34 |
| value of
the additional employer cost that would otherwise | 35 |
| result from the alternative
credits being established for | 36 |
| that service. A county board's or board of
forest preserve |
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| commissioner's resolution or ordinance requiring | 2 |
| additional
contributions under this paragraph (3) is | 3 |
| irrevocable.
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| No additional optional contributions may be made for any | 5 |
| period of service
for which credit has been previously | 6 |
| forfeited by acceptance of a refund,
unless the refund is | 7 |
| repaid in full with interest at the effective rate from
the | 8 |
| date of refund to the date of repayment.
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| (b) In lieu of the retirement annuity otherwise payable | 10 |
| under this Article,
an elected county officer who (1) has | 11 |
| elected to participate in the Fund and
make additional optional | 12 |
| contributions in accordance with this Section, (2)
has held and | 13 |
| made additional optional contributions with respect to the same
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| elected county office for at least 8 years, and (3) has | 15 |
| attained
age 55 with at least 8 years of service credit (or has | 16 |
| attained age 50 with at
least 20 years of service as a | 17 |
| sheriff's law enforcement employee) may elect
to have his | 18 |
| retirement annuity computed as follows: 3% of the participant's
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| salary for each of the first 8 years
of service credit, plus 4% | 20 |
| of that salary for each of the next 4 years of
service credit, | 21 |
| plus 5% of that salary for each year of service credit in
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| excess of 12 years, subject to a maximum of 80% of that salary.
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| This formula applies only to service in an elected county | 24 |
| office that the
officer held for at least 8 years, and only to | 25 |
| service for which additional
optional contributions have been | 26 |
| paid under this Section. If an elected county
officer qualifies | 27 |
| to have this formula applied to service in more than one
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| elected county office, the qualifying service shall be | 29 |
| accumulated for purposes
of determining the applicable accrual | 30 |
| percentages, but the salary used for each
office shall be the | 31 |
| separate salary calculated for that office, as defined in
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| subsection (g).
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| To the extent that the elected county officer has service | 34 |
| credit that does
not qualify for this formula, his retirement | 35 |
| annuity will first be determined
in accordance with this | 36 |
| formula with respect to the service to which this
formula |
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| applies, and then in accordance with the remaining Sections of | 2 |
| this
Article with respect to the service to which this formula | 3 |
| does not apply.
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| (c) In lieu of the disability benefits otherwise payable | 5 |
| under this
Article, an elected county officer who (1) has
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| elected to participate in the Fund, and (2) has become
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| permanently disabled and as a consequence is unable to perform | 8 |
| the duties
of his office, and (3) was making optional | 9 |
| contributions in accordance with
this Section at the time the | 10 |
| disability was incurred, may elect to receive
a disability | 11 |
| annuity calculated in accordance with the formula in subsection
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| (b). For the purposes of this subsection, an elected county | 13 |
| officer shall be
considered permanently disabled only if: (i) | 14 |
| disability occurs while in
service as an elected county officer | 15 |
| and is of such a nature as to prevent him
from reasonably | 16 |
| performing the duties of his office at the time; and (ii) the
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| board has received a written certification by at least 2 | 18 |
| licensed physicians
appointed by it stating that the officer is | 19 |
| disabled and that the disability
is likely to be permanent.
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| (d) Refunds of additional optional contributions shall be | 21 |
| made on the
same basis and under the same conditions as | 22 |
| provided under Section 7-166,
7-167 and 7-168. Interest shall | 23 |
| be credited at the effective rate on the
same basis and under | 24 |
| the same conditions as for other contributions.
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| If an elected county officer fails to hold that same | 26 |
| elected county
office for at least 8 years, he or she shall be | 27 |
| entitled after leaving office
to receive a refund of the | 28 |
| additional optional contributions made with respect
to that | 29 |
| office, plus interest at the effective rate.
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| (e) The plan of optional alternative benefits and | 31 |
| contributions shall be
available to persons who are elected | 32 |
| county officers and active contributors
to the Fund on or after | 33 |
| November 15, 1994. A person who was an elected county
officer | 34 |
| and an active contributor to the Fund on November 15, 1994 but | 35 |
| is
no longer an active contributor may apply to make additional | 36 |
| optional
contributions under this Section at any time within 90 |
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| days after the
effective date of this amendatory Act of 1997; | 2 |
| if the person is an annuitant,
the resulting increase in | 3 |
| annuity shall begin to accrue on the first day of
the month | 4 |
| following the month in which the required payment is received | 5 |
| by the
Fund.
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| (f) For the purposes of this Section and Section 7-145.2, | 7 |
| the terms "elected
county officer" and "elected county office" | 8 |
| include, but are not limited to:
(1) the county clerk, | 9 |
| recorder, treasurer, coroner, assessor (if elected),
auditor, | 10 |
| sheriff, and State's Attorney; members of the county board; | 11 |
| members
of a board of commissioners of a forest preserve | 12 |
| district who are elected
pursuant to Section 3c of the | 13 |
| Downstate Forest Preserve District Act; and the
clerk of the | 14 |
| circuit court; and (2) a person who has been appointed to fill | 15 |
| a
vacancy in an office that is normally filled by election on a | 16 |
| countywide basis,
for the duration of his or her service in | 17 |
| that office. The terms "elected
county officer" and "elected | 18 |
| county office" do not include any officer or
office of a county | 19 |
| or forest preserve district that has not consented to
the | 20 |
| availability of benefits under this Section and Section | 21 |
| 7-145.2.
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| (g) For the purposes of this Section and Section 7-145.2, | 23 |
| the term
"salary" means the final rate of earnings for the | 24 |
| elected county office held,
calculated in a manner consistent | 25 |
| with Section 7-116, but for that office
only. If an elected | 26 |
| county officer qualifies to have the formula in subsection
(b) | 27 |
| applied to service in more than one elected county office, a | 28 |
| separate
salary shall be calculated and applied with respect to | 29 |
| each such office.
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| (h) The changes to this Section made by this amendatory Act | 31 |
| of the 91st
General Assembly apply to persons who first make an | 32 |
| additional optional
contribution under this Section on or after | 33 |
| the effective date of this
amendatory Act.
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| (Source: P.A. 90-32, eff. 6-27-97; 91-685, eff. 1-26-00; | 35 |
| 91-887, eff.
7-6-00.)
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| Section 10. The Downstate Forest Preserve District Act is | 2 |
| amended by changing Sections 3c and 5e as follows:
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| (70 ILCS 805/3c)
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| Sec. 3c. Elected board of commissioners in certain | 5 |
| counties. If the boundaries of a district are co-extensive with | 6 |
| the boundaries of a
county having a population of more than | 7 |
| 800,000 but less than 3,000,000,
all commissioners of the | 8 |
| forest preserve district shall be elected from the
same
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| districts as members of the county board beginning with the | 10 |
| general election
held in 2002 and each succeeding general | 11 |
| election. One commissioner shall be
elected from each district. | 12 |
| At their first meeting after their election in
2002 and | 13 |
| following each subsequent decennial reapportionment of the | 14 |
| county
under Division 2-3 of the
Counties Code, the elected | 15 |
| commissioners shall publicly by lot divide
themselves
into 2 | 16 |
| groups, as equal in size as possible. Commissioners from the
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| first
group
shall serve for terms of 2, 4, and 4 years; and | 18 |
| commissioners from the second
group
shall serve terms of 4, 4, | 19 |
| and 2 years. Beginning with the general election in 2002, the
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| president of the board of commissioners of the forest
preserve | 21 |
| district shall be elected by the voters of the county, rather | 22 |
| than by
the commissioners. The president shall be a resident of | 23 |
| the county and shall
be elected throughout the county for a
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| 4-year term without having been first elected as commissioner | 25 |
| of the forest
preserve
district.
Each commissioner shall be a | 26 |
| resident of the county board district from which
he or she was | 27 |
| elected not later than the date of the commencement of the term
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| of office. The term of office for the president and | 29 |
| commissioners elected
under this
Section shall commence on the | 30 |
| first Monday
of the month following the month of election.
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| Neither a commissioner nor the president of the board of
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| commissioners of that forest preserve
district
shall serve | 33 |
| simultaneously as member or chairman of the county board. No
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| person shall seek election to both the forest preserve | 35 |
| commission and the
county board at the same election. The
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| compensation for the president shall be an amount equal to 85% | 2 |
| of the annual
salary of
the county board chairman.
The | 3 |
| president, with the advice and consent of the
board of | 4 |
| commissioners shall appoint a secretary,
treasurer, and such | 5 |
| other officers as deemed necessary by the board of
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| commissioners, which officers need not be members of the board | 7 |
| of
commissioners. The president shall have the powers and | 8 |
| duties as specified in
Section 12 of this Act.
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| Candidates for president and commissioner shall be | 10 |
| candidates of
established political
parties.
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| If a vacancy in the office of president or commissioner | 12 |
| occurs, other
than by expiration
of the president's or | 13 |
| commissioner's term, the
forest preserve district board of | 14 |
| commissioners shall declare that a vacancy
exists and | 15 |
| notification of the vacancy shall be given to the county | 16 |
| central
committee of each established political party within 3 | 17 |
| business days after the
occurrence of the vacancy. If the | 18 |
| vacancy occurs in the office of forest
preserve
district | 19 |
| commissioner, the
president of the board
of commissioners | 20 |
| shall,
within 60 days after the date of the vacancy,
with the | 21 |
| advice and consent of other commissioners then serving, appoint | 22 |
| a
person to serve for the remainder of the unexpired term.
The | 23 |
| appointee
shall be affiliated with the same political party as | 24 |
| the commissioner in whose
office the vacancy occurred and be a | 25 |
| resident of such district. If a vacancy
in the office of | 26 |
| president occurs, other than by expiration of the president's
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| term, the remaining members of
the board of commissioners | 28 |
| shall, within 60 days after the vacancy,
appoint one of the | 29 |
| commissioners to serve as
president for the remainder of
the | 30 |
| unexpired term.
In that case, the office of the commissioner | 31 |
| who is appointed to serve
as president shall be deemed vacant | 32 |
| and shall be filled within 60 days by
appointment of the | 33 |
| president with the advice and consent of the other forest
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| preserve district commissioners. The commissioner who is | 35 |
| appointed to fill a
vacancy in
the office of president shall be | 36 |
| affiliated with the same political party as
the person who |
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| occupied the office of president prior to the vacancy. A person
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| appointed to fill a vacancy in the office of president or | 3 |
| commissioner shall
establish his or her party affiliation by | 4 |
| his or her record of voting in
primary elections or by holding | 5 |
| or having held an office in an established
political party | 6 |
| organization before the appointment. If the appointee has not
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| voted in a party primary election or is not holding or has not | 8 |
| held an office
in an established political party organization | 9 |
| before the appointment, the
appointee shall establish his or | 10 |
| her political party affiliation by his or her
record of | 11 |
| participating in an established political party's nomination | 12 |
| or
election caucus.
If, however, more than 28 months remain in | 13 |
| the unexpired
term of a commissioner or the president, the
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| appointment shall be until the next general election, at
which | 15 |
| time the
vacated office of commissioner or president shall be | 16 |
| filled by election for the
remainder of the term.
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| Notwithstanding any law to the contrary, if a vacancy occurs | 18 |
| after
the last day provided in Section 7-12 of the Election | 19 |
| Code for filing
nomination papers for the office of president | 20 |
| of a forest
preserve district where that office is elected as | 21 |
| provided for in this
Section, or as set forth in Section 7-61 | 22 |
| of the Election Code, a vacancy in
nomination shall be filled | 23 |
| by the passage of a resolution by the nominating
committee of | 24 |
| the affected political party within the time periods specified | 25 |
| in
the Election Code. The nominating committee shall consist of | 26 |
| the chairman of
the county central committee and the township | 27 |
| chairmen of the affected
political party. All other vacancies | 28 |
| in nomination shall be filled in
accordance with the provisions | 29 |
| of the Election Code.
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| The president and commissioners elected under this Section | 31 |
| may be reimbursed
for their reasonable expenses actually | 32 |
| incurred in performing their official
duties under this Act in | 33 |
| accordance with the provisions of Section 3a. The
reimbursement | 34 |
| paid under this Section shall be paid by the forest preserve
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| district.
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| Compensation for the president and the forest preserve |
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| commissioners elected under this Section
shall be established | 2 |
| by the board of commissioners of the forest preserve district
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| the same as that of county board members of the county with | 4 |
| which the
forest
preserve district's boundaries are | 5 |
| co-extensive .
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| (Source: P.A. 91-933, eff. 12-30-00; 92-583, eff. 6-26-02.)
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| (70 ILCS 805/5e) (from Ch. 96 1/2, par. 6308e)
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| Sec. 5e. Property owned by a forest preserve district and | 9 |
| property in which a forest preserve district is the grantee of | 10 |
| a conservation easement or the grantee of a conservation right, | 11 |
| as defined in subsection (a) of Section 1 of the Real Property | 12 |
| Conservation Rights Act, shall not be
subject to eminent domain | 13 |
| or condemnation proceedings, except as otherwise
provided in | 14 |
| Section 15 of the O'Hare Modernization Act.
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| (Source: P.A. 93-450, eff. 8-6-03.)
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| Section 90. The State Mandates Act is amended by adding | 17 |
| Section 8.29 as
follows:
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| (30 ILCS 805/8.29 new)
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| Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 | 20 |
| of this
Act, no reimbursement by the State is required for the | 21 |
| implementation of
any mandate created by this amendatory Act of | 22 |
| the 94th General Assembly.
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