Full Text of HB4568 94th General Assembly
HB4568 94TH GENERAL ASSEMBLY
|
|
|
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4568
Introduced 01/11/06, by Rep. Robert S. Molaro SYNOPSIS AS INTRODUCED: |
|
40 ILCS 5/7-145.1 |
|
30 ILCS 805/8.30 new |
|
|
Amends the Illinois Municipal Retirement Fund
Article of the Illinois Pension Code. Provides that the alternative annuity
that is available to certain county officers is available to members of a board
of commissioners of a forest preserve district who are elected to serve on a
forest preserve district that is located in a county having a population of
more than 800,000 but fewer than 3,000,000 inhabitants. Amends the State
Mandates Act to require implementation without reimbursement. Effective
immediately.
|
| |
|
|
FISCAL NOTE ACT MAY APPLY |
PENSION IMPACT NOTE ACT MAY APPLY |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
|
|
A BILL FOR
|
|
|
|
|
HB4568 |
|
LRB094 15438 AMC 50633 b |
|
| 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 changing | 5 |
| 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
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
| 12 |
| 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.
| 28 |
| 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 |
|
|
|
HB4568 |
- 2 - |
LRB094 15438 AMC 50633 b |
|
| 1 |
| 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.
| 5 |
| Additional optional contributions for the alternative | 6 |
| annuity shall
be as follows:
| 7 |
| (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.
| 12 |
| (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
| 21 |
| 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.
| 26 |
| (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
| 30 |
| 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 |
|
|
|
HB4568 |
- 3 - |
LRB094 15438 AMC 50633 b |
|
| 1 |
| commissioner's resolution or ordinance requiring | 2 |
| additional
contributions under this paragraph (3) is | 3 |
| irrevocable.
| 4 |
| 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.
| 9 |
| (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
| 14 |
| 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
| 19 |
| 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
| 22 |
| excess of 12 years, subject to a maximum of 80% of that salary.
| 23 |
| 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
| 28 |
| 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
| 32 |
| subsection (g).
| 33 |
| 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 |
|
|
|
HB4568 |
- 4 - |
LRB094 15438 AMC 50633 b |
|
| 1 |
| 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.
| 4 |
| (c) In lieu of the disability benefits otherwise payable | 5 |
| under this
Article, an elected county officer who (1) has
| 6 |
| elected to participate in the Fund, and (2) has become
| 7 |
| 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
| 12 |
| (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
| 17 |
| 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.
| 20 |
| (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.
| 25 |
| 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.
| 30 |
| (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 |
|
|
|
HB4568 |
- 5 - |
LRB094 15438 AMC 50633 b |
|
| 1 |
| 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.
| 6 |
| (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.
| 22 |
| (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.
| 30 |
| (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.
| 34 |
| (Source: P.A. 90-32, eff. 6-27-97; 91-685, eff. 1-26-00; | 35 |
| 91-887, eff.
7-6-00.)
|
|
|
|
HB4568 |
- 6 - |
LRB094 15438 AMC 50633 b |
|
| 1 |
| Section 90. The State Mandates Act is amended by adding | 2 |
| Section 8.30 as
follows:
| 3 |
| (30 ILCS 805/8.30 new)
| 4 |
| Sec. 8.30. Exempt mandate. Notwithstanding Sections 6 and 8 | 5 |
| of this
Act, no reimbursement by the State is required for the | 6 |
| implementation of
any mandate created by this amendatory Act of | 7 |
| the 94th General Assembly.
| 8 |
| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law. |
|