(b) In lieu of the retirement annuity otherwise payable under this
Article, any county officer elected by vote of the people who (1) has
elected to participate in the Fund and make additional optional
contributions in accordance with this Section, and (2)
has attained age 60 with at least 10 years of service credit,
or has attained age 65 with at least 8 years of service credit, may elect
to have his retirement annuity computed as follows: 3% of the
participant's salary at the time of termination of service for each of the
first 8 years of service credit, plus 4% of such salary for each of the
next 4 years of service credit, plus
5% of such salary for each year of service credit in excess of 12 years,
subject to a maximum of 80% of such salary. To the extent such elected
county officer has made additional optional contributions with respect to
only a portion of his years of service credit, his retirement annuity will
first be determined in accordance with this Section to the extent such
additional optional contributions were made, and then in accordance with
the remaining Sections of this Article to the extent of years of service
credit with respect to which additional optional contributions were not made.
(c) In lieu of the disability benefits otherwise payable under this
Article, any county officer elected by vote of the people who (1) has
elected to participate in the Fund, and (2) has become
permanently disabled and as a consequence is unable to perform the duties
of his office, and (3) was making optional contributions in accordance with
this Section at the time the disability was incurred, may elect to receive
a disability annuity calculated in
accordance with the formula in subsection (b). For the purposes of this
subsection, such elected county officer shall be considered permanently
disabled only if: (i) disability occurs while in service as an elected
county officer and is of such a nature as to prevent him from reasonably
performing the duties of his office at the time; and (ii) the board has
received a written certification by at least 2 licensed physicians
appointed by it stating that such officer is disabled and that the
disability is likely to be permanent.
(d) Refunds of additional optional contributions shall be made on the
same basis and under the same conditions as provided under Sections 9-164,
9-166, and 9-167. Interest shall be credited at the effective rate on the
same basis and under the same conditions as for other contributions.
Optional contributions under this
Section shall be included in the amount of employee contributions used to
compute the tax levy under Section 9-169.
(e) The effective date of this plan of optional alternative benefits
and contributions shall be January 1, 1988, or the date upon which
approval is received from the U.S. Internal Revenue Service, whichever is
later. The plan of optional alternative benefits and contributions shall
not be available to any former county officer or employee receiving an
annuity from the Fund on the effective date of the plan, unless he
re-enters service as an elected county officer and renders at least 3 years
of additional service after the date of re-entry.
(f) Any elected county officer who was entitled to receive a stipend from the State on or after July 1, 2009 and on or before June 30, 2010 may establish earnings credit for the amount of stipend not received, if the elected county official applies in writing to the fund within 6 months after July 2, 2010 (the effective date of Public Act 96-961) and pays to the fund an amount equal to (i) employee contributions on the amount of stipend not received, (ii) employer contributions determined by the Board equal to the employer's normal cost of the benefit on the amount of stipend not received, plus (iii) interest on items (i) and (ii) at the actuarially assumed rate.
(g) The plan of optional alternative benefits and contributions authorized under this Section applies only to county officers elected by vote of the people on or before January 1, 2008 (the effective date of Public Act 95-654).
(Source: P.A. 100-201, eff. 8-18-17.)
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