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90_HB1104
40 ILCS 5/9-128.1 from Ch. 108 1/2, par. 9-128.1
30 ILCS 805/8.21 new
Amends the Cook County Article of the Pension Code to
provide that pensions calculated under the special formula
for deputy sheriffs shall be based on the average salary for
the highest 12 months (rather than 4 years) within the last
10 years of service. 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 Section 9-128.1 and to amend the State Mandates Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Pension Code is amended by
6 changing Section 9-128.1 as follows:
7 (40 ILCS 5/9-128.1) (from Ch. 108 1/2, par. 9-128.1)
8 Sec. 9-128.1. Annuities for members of the County Police
9 Department.
10 (a) In lieu of the regular or minimum annuity or
11 annuities for any deputy sheriff who is a member of a County
12 Police Department, he may, upon withdrawal from service
13 after not less than 20 years of service in the position of
14 deputy sheriff as defined below, upon or after attainment of
15 age 55, receive a total annuity equal to 2% for each year of
16 service based upon his highest average annual salary for any
17 4 consecutive years within the last 10 years of service
18 immediately preceding the date of withdrawal from service,
19 subject to a maximum annuity equal to 75% of such average
20 annual salary.
21 (b) Any deputy sheriff who withdraws from the service
22 after July 1, 1979, after having attained age 53 in the
23 service with 23 or more years of service credit shall be
24 entitled to an annuity computed as follows if such annuity is
25 greater than that provided in the foregoing paragraphs of
26 this Section 9-128.1: An annuity equal to 50% of the average
27 salary for the 4 highest consecutive years of the last 10
28 years of service plus additional annuity equal to 2% of such
29 average salary for each completed year of service or fraction
30 thereof rendered after his attainment of age 53 and the
31 completion of 23 years of service, plus an additional annuity
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1 equal to 1% of such average salary for each completed year of
2 service or fraction thereof in excess of 23 years up to age
3 53.
4 (c) Any deputy sheriff who withdraws from the service
5 after December 31, 1987 with 20 or more years of service
6 credit, shall be entitled, upon attainment of age 50, to an
7 annuity computed as follows if such annuity is greater than
8 that provided in the foregoing paragraphs of this Section
9 9-128.1: An annuity equal to 50% of the average salary for
10 the 4 highest consecutive years of the last 10 years of
11 service, plus additional annuity equal to 2% of such average
12 salary for each completed year of service or fraction thereof
13 in excess of 20 years.
14 (d) A deputy sheriff who reaches compulsory retirement
15 age and who has less than 23 years of service shall be
16 entitled to a minimum annuity equal to an amount determined
17 by the product of (1) his years of service and (2) 2% of his
18 average salary for the 4 consecutive highest years of salary
19 within the last 10 years of service immediately prior to his
20 reaching compulsory retirement age.
21 (e) Any deputy sheriff who retires after January 1, 1984
22 and elects to receive an annuity under this Section, and who
23 has credits under this Article for service not as a deputy
24 sheriff, shall be entitled to receive, in addition to the
25 amount of annuity otherwise provided under this Section, an
26 additional amount of annuity provided from the totals
27 accumulated to his credit for prior service and age and
28 service annuities for such service not as a deputy sheriff.
29 (f) The term "deputy sheriff" means an employee charged
30 with the duty of law enforcement as a deputy sheriff as
31 specified in Section 1 of "An Act in relation to County
32 Police Departments in certain Counties, creating a County
33 Police Department Merit Board and defining its powers and
34 duties", approved August 5, 1963, who rendered service in
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1 such position before and after such date.
2 The terms "deputy sheriff" and "member of a County Police
3 Department" shall also include an elected sheriff of the
4 county who has elected to become a contributor and who has
5 submitted to the board his written election to be included
6 within the provisions of this Section. With respect to any
7 such sheriff, service as the elected sheriff of the county
8 shall be deemed to be service in the position of deputy
9 sheriff for the purposes of this Section provided that the
10 employee contributions therefor are made at the rate
11 prescribed for members of the County Police Department. A
12 sheriff electing to be included under this Section may also
13 elect to have his service as sheriff of the county before the
14 date of such election included as service as a deputy sheriff
15 for the purposes of this Section, by making an additional
16 contribution for each year of such service, equal to the
17 difference between the amount he would have contributed to
18 the Fund during such year had he been contributing at the
19 rate then in effect for members of the County Police
20 Department and the amount actually contributed, plus interest
21 thereon at the rate of 6% per annum from the end of such year
22 to the date of payment.
23 (g) In no case shall an annual annuity provided in this
24 Section 9-128.1 exceed 80% of the average annual salary for
25 any 4 consecutive years within the last 10 years of service
26 immediately preceding the date of withdrawal from service.
27 A deputy sheriff may in addition, be entitled to the
28 benefits provided by Section 9-133 or 9-133.1 if he so
29 qualifies under such Sections.
30 (h) A deputy sheriff may elect, between January 1 and
31 January 15, 1983, to transfer his creditable service as a
32 member of the State Employees' Retirement System of Illinois
33 to any Fund established under this Article of which he is a
34 member, and such transferred creditable service shall be
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1 included as service for the purpose of calculating his
2 benefits under this Article to the extent that the payment
3 specified in Section 14-105.3 has been received by such Fund.
4 (i) An active deputy sheriff who has at least 15 years
5 of service credit in that capacity may elect to have any or
6 all of his credits under this Article for service not as a
7 deputy sheriff deemed to be credits for service as a deputy
8 sheriff, by filing a written election with the Board,
9 accompanied by payment of an amount to be determined by the
10 Board, equal to (1) the difference between the amount of
11 employee contributions actually contributed by the applicant
12 for such service not as a deputy sheriff, and the amounts
13 that would have been contributed had such contributions been
14 made at the rates applicable to service as a deputy sheriff,
15 plus (2) interest thereon at the rate of 3% per annum,
16 compounded annually, from the date of service to the date of
17 payment.
18 (j) Beginning on the effective date of this amendatory
19 Act of 1996, the terms "deputy sheriff" and "member of a
20 County Police Department" shall also include any chief of the
21 County Police Department or undersheriff of the County
22 Sheriff's Department who has submitted to the board his or
23 her written election to be included within the provisions of
24 this Section. With respect to any such police chief or
25 undersheriff, service as a chief of the County Police
26 Department or an undersheriff of the County Sheriff's
27 Department shall be deemed to be service in the position of
28 deputy sheriff for the purposes of this Section, provided
29 that the employee contributions therefor are made at the rate
30 prescribed for members of the County Police Department.
31 A chief of the County Police Department or undersheriff
32 of the County Sheriff's Department electing to be included
33 under this Section may also elect to have his or her service
34 as chief of the County Police Department or undersheriff of
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1 the County Sheriff's Department before the date of the
2 election included as service as a deputy sheriff for the
3 purposes of this Section, by making an additional
4 contribution for each year of such service, equal to the
5 difference between the amount that he or she would have
6 contributed to the Fund during that year at the rate then in
7 effect for members of the County Police Department and the
8 amount actually contributed, plus interest thereon at the
9 rate of 6% per year, compounded annually, from the end of
10 that year to the date of payment.
11 A chief of the County Police Department or undersheriff
12 of the County Sheriff's Department who has elected to be
13 included within the provisions of this Section may transfer
14 to this Fund credits and creditable service accumulated under
15 any pension fund or retirement system established under
16 Article 3, 7, 8, 14, or 15, upon payment to the Fund of (1)
17 the amount by which the employee contributions that would
18 have been required if he or she had participated in this Fund
19 during the period for which credit is being transferred, plus
20 interest, plus an equal amount for employer contributions,
21 exceeds the amounts actually transferred from that other fund
22 or system to this Fund, plus (2) interest thereon at 6% per
23 year, compounded annually, from the date of transfer to the
24 date of payment.
25 A chief of the County Police Department or undersheriff
26 of the County Sheriff's Department may purchase credits and
27 creditable service for up to 2 years of public employment
28 rendered to an out-of-state public agency. Payment for that
29 service shall be at the applicable rates in effect for
30 employee and employer contributions during the period for
31 which credit is being purchased, plus interest at the rate of
32 6% per year, compounded annually, from the date of service
33 until the date of payment.
34 (k) For the purposes of this Section, "average salary"
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1 means:
2 (1) For a person who withdraws from service before
3 the effective date of this amendatory Act of 1997, the
4 average annual salary for the highest 4 consecutive years
5 within the last 10 years of service immediately preceding
6 the date of withdrawal from service.
7 (2) For a person who withdraws from service on or
8 after the effective date of this amendatory Act of 1997,
9 the average annual salary for the highest 12 consecutive
10 months within the last 10 years of service immediately
11 preceding the date of withdrawal from service.
12 (Source: P.A. 89-643, eff. 8-9-96.)
13 Section 90. The State Mandates Act is amended by adding
14 Section 8.21 as follows:
15 (30 ILCS 805/8.21 new)
16 Sec. 8.21. Exempt mandate. Notwithstanding Sections 6
17 and 8 of this Act, no reimbursement by the State is required
18 for the implementation of any mandate created by this
19 amendatory Act of 1997.
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.