093_HB2141

 
                                     LRB093 07357 LRD 07519 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
 5    changing Section 9-121.6 as follows:

 6        (40 ILCS 5/9-121.6) (from Ch. 108 1/2, par. 9-121.6)
 7        Sec. 9-121.6.  Alternative annuity for county officers.
 8        (a)  Any county officer elected by vote of the people may
 9    elect to establish alternative  credits  for  an  alternative
10    annuity  by  electing  in writing to make additional optional
11    contributions in accordance with this Section and  procedures
12    established  by  the  board.  Such elected county officer may
13    discontinue making the additional optional  contributions  by
14    notifying the Fund in writing in accordance with this Section
15    and procedures established by the board.
16        Additional  optional  contributions  for  the alternative
17    annuity shall be as follows:
18        (1)  For  service  after  the  option  is   elected,   an
19    additional  contribution of 3% of salary shall be contributed
20    to the Fund on the same basis and under the  same  conditions
21    as contributions required under Sections 9-170 and 9-176.
22        (2)  For   service  before  the  option  is  elected,  an
23    additional  contribution  of  3%  of  the  salary   for   the
24    applicable  period of service, plus interest at the effective
25    rate from the date of service to the date  of  payment.   All
26    payments  for past service must be paid in full before credit
27    is given.  No additional optional contributions may  be  made
28    for   any  period  of  service  for  which  credit  has  been
29    previously forfeited by acceptance of a  refund,  unless  the
30    refund  is repaid in full with interest at the effective rate
31    from the date of refund to the date of repayment.
 
                            -2-      LRB093 07357 LRD 07519 b
 1        (b)  In lieu of the retirement annuity otherwise  payable
 2    under this Article, any county officer elected by vote of the
 3    people  who  (1)  has  elected to participate in the Fund and
 4    make additional optional  contributions  in  accordance  with
 5    this  Section,  and  withdraws from service either (1) before
 6    November 30, 2000 having (2) has  attained  age  60  with  at
 7    least 10 years of service credit, or has attained age 65 with
 8    at  least  8  years  of  service  credit  or  (2) on or after
 9    November 30, 2000 having attained age 55  with  at  least  10
10    years  of  service  credit or age 60 with at least 8 years of
11    service credit, may elect  to  have  his  retirement  annuity
12    computed  as  follows:  3% of the participant's salary at the
13    time of termination of service for each of the first 8  years
14    of  service  credit,  plus  4% of such salary for each of the
15    next 4 years of service credit, plus 5% of  such  salary  for
16    each year of service credit in excess of 12 years, subject to
17    a  maximum of 80% of such salary.  To the extent such elected
18    county officer has  made  additional  optional  contributions
19    with  respect  to  only  a  portion  of  his years of service
20    credit, his retirement annuity will first  be  determined  in
21    accordance  with  this  Section to the extent such additional
22    optional contributions were made, and then in accordance with
23    the remaining Sections of this Article to the extent of years
24    of service credit with respect to which  additional  optional
25    contributions were not made.
26        (c)  In lieu of the disability benefits otherwise payable
27    under this Article, any county officer elected by vote of the
28    people  who  (1)  has elected to participate in the Fund, and
29    (2) has become permanently disabled and as a  consequence  is
30    unable  to  perform  the  duties  of  his office, and (3) was
31    making optional contributions in accordance with this Section
32    at the time the disability was incurred, may elect to receive
33    a  disability  annuity  calculated  in  accordance  with  the
34    formula  in  subsection  (b).   For  the  purposes  of   this
 
                            -3-      LRB093 07357 LRD 07519 b
 1    subsection,  such  elected county officer shall be considered
 2    permanently disabled only if:  (i) disability occurs while in
 3    service as an elected county officer and is of such a  nature
 4    as  to  prevent  him from reasonably performing the duties of
 5    his office at the time; and (ii)  the board  has  received  a
 6    written  certification  by  at  least  2  licensed physicians
 7    appointed by it stating that such  officer  is  disabled  and
 8    that the disability is likely to be permanent.
 9        (d)  Refunds  of  additional optional contributions shall
10    be made on the same basis and under the  same  conditions  as
11    provided under Section 9-164, 9-166 and 9-167. Interest shall
12    be credited at the effective rate on the same basis and under
13    the  same  conditions  as  for other contributions.  Optional
14    contributions shall be accounted for in  a  separate  Elected
15    County   Officer  Optional  Contribution  Reserve.   Optional
16    contributions under this Section shall  be  included  in  the
17    amount of employee contributions used to compute the tax levy
18    under Section 9-169.
19        (e)  The   effective   date  of  this  plan  of  optional
20    alternative benefits and contributions shall  be  January  1,
21    1988,  or  the  date upon which approval is received from the
22    U.S. Internal Revenue Service, whichever is later.  The  plan
23    of  optional alternative benefits and contributions shall not
24    be  available  to  any  former  county  officer  or  employee
25    receiving an annuity from the Fund on the effective  date  of
26    the  plan,  unless  he re-enters service as an elected county
27    officer and renders at least 3 years  of  additional  service
28    after the date of re-entry.
29    (Source: P.A. 85-964.)

30        Section  90.  The State Mandates Act is amended by adding
31    Section 8.27 as follows:

32        (30 ILCS 805/8.27 new)
 
                            -4-      LRB093 07357 LRD 07519 b
 1        Sec. 8.27. Exempt mandate.   Notwithstanding  Sections  6
 2    and  8 of this Act, no reimbursement by the State is required
 3    for  the  implementation  of  any  mandate  created  by  this
 4    amendatory Act of the 93rd General Assembly.

 5        Section 99. Effective date.  This Act takes  effect  upon
 6    becoming law.