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1 | AN ACT concerning public employee benefits.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Pension Code is amended by changing | ||||||||||||||||||||||||||||||||||||
5 | Sections 9-121.16, 9-134.2, 9-134.3, and 9-134.4 and adding | ||||||||||||||||||||||||||||||||||||
6 | Sections 9-121.17 and 9-121.18 as follows:
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7 | (40 ILCS 5/9-121.16)
| ||||||||||||||||||||||||||||||||||||
8 | Sec. 9-121.16. Contractual service to the Retirement | ||||||||||||||||||||||||||||||||||||
9 | Board. A person who
has rendered continuous contractual | ||||||||||||||||||||||||||||||||||||
10 | services (other than legal or actuarial
services) to
the | ||||||||||||||||||||||||||||||||||||
11 | Retirement Board for a period of at least 5 years may establish | ||||||||||||||||||||||||||||||||||||
12 | creditable
service in the Fund for up to 10 years of those | ||||||||||||||||||||||||||||||||||||
13 | services by making written
application to the Board before July | ||||||||||||||||||||||||||||||||||||
14 | 1, 2003 and paying to the Fund an amount
to be determined by | ||||||||||||||||||||||||||||||||||||
15 | the Board, equal to the employee contributions that would
have | ||||||||||||||||||||||||||||||||||||
16 | been required if those services had been performed as an | ||||||||||||||||||||||||||||||||||||
17 | employee.
| ||||||||||||||||||||||||||||||||||||
18 | For the purposes of calculating the required payment, the | ||||||||||||||||||||||||||||||||||||
19 | Board may determine
the applicable salary equivalent based on | ||||||||||||||||||||||||||||||||||||
20 | the compensation received by the
person for performing those | ||||||||||||||||||||||||||||||||||||
21 | contractual services. The salary equivalent
calculated under | ||||||||||||||||||||||||||||||||||||
22 | this Section shall not be used for determining final average
| ||||||||||||||||||||||||||||||||||||
23 | salary under Section 9-134 or any other provisions of this | ||||||||||||||||||||||||||||||||||||
24 | Code.
| ||||||||||||||||||||||||||||||||||||
25 | A person may not make optional contributions under Section | ||||||||||||||||||||||||||||||||||||
26 | 9-121.6 , 9-121.17, or
9-179.3 for periods of credit established | ||||||||||||||||||||||||||||||||||||
27 | under this Section.
| ||||||||||||||||||||||||||||||||||||
28 | (Source: P.A. 92-599, eff. 6-28-02.)
| ||||||||||||||||||||||||||||||||||||
29 | (40 ILCS 5/9-121.17 new)
| ||||||||||||||||||||||||||||||||||||
30 | Sec. 9-121.17. Alternative annuity for correctional | ||||||||||||||||||||||||||||||||||||
31 | officers and jail sergeants. |
| |||||||
| |||||||
1 | (a) Any
person employed as a correctional officer with the | ||||||
2 | county department of corrections or by the county as a jail | ||||||
3 | sergeant may elect to establish
alternative credits for an | ||||||
4 | alternative annuity by electing in writing to
make additional | ||||||
5 | optional contributions in accordance with this Section and
| ||||||
6 | procedures established by the board. Such correctional officer | ||||||
7 | or jail sergeant
may discontinue making the additional optional | ||||||
8 | contributions by notifying
the Fund in writing in accordance | ||||||
9 | with this Section and procedures
established by the board.
| ||||||
10 | Additional optional contributions for the alternative | ||||||
11 | annuity shall
be as follows: | ||||||
12 | (1) For service after the option is elected, an | ||||||
13 | additional contribution
of 3% of salary shall be | ||||||
14 | contributed to the Fund on the same basis and
under the | ||||||
15 | same conditions as contributions required under Sections | ||||||
16 | 9-170
and 9-176.
| ||||||
17 | (2) For service before the option is elected, an | ||||||
18 | additional
contribution of 3% of the salary for the | ||||||
19 | applicable period of service, plus
interest at the | ||||||
20 | effective rate from the date of service to the date of
| ||||||
21 | payment. All payments for past service must be paid in full | ||||||
22 | before credit
is given. No additional optional | ||||||
23 | contributions may be made for any period
of service for | ||||||
24 | which credit has been previously forfeited by acceptance of
| ||||||
25 | a refund, unless the refund is repaid in full with interest | ||||||
26 | at the
effective rate from the date of refund to the date | ||||||
27 | of repayment.
| ||||||
28 | (b) In lieu of the retirement annuity otherwise payable | ||||||
29 | under this
Article, any correctional officer with the county | ||||||
30 | department of corrections or jail sergeant who (1) has
elected | ||||||
31 | to make additional optional
contributions in accordance with | ||||||
32 | this Section, and (2)
has attained age 60 with at least 10 | ||||||
33 | years of service credit,
or has attained age 65 with at least 8 | ||||||
34 | years of service credit, may elect
to have his retirement | ||||||
35 | annuity computed as follows: 3% of the
participant's salary at | ||||||
36 | the time of termination of service for each of the
first 8 |
| |||||||
| |||||||
1 | years of service credit, plus 4% of such salary for each of the
| ||||||
2 | next 4 years of service credit, plus
5% of such salary for each | ||||||
3 | year of service credit in excess of 12 years,
subject to a | ||||||
4 | maximum of 80% of such salary. To the extent such correctional | ||||||
5 | officer or jail sergeant has made additional optional | ||||||
6 | contributions with respect to
only a portion of his years of | ||||||
7 | service credit, his retirement annuity will
first be determined | ||||||
8 | in accordance with this Section to the extent such
additional | ||||||
9 | optional contributions were made, and then in accordance with
| ||||||
10 | the remaining Sections of this Article to the extent of years | ||||||
11 | of service
credit with respect to which additional optional | ||||||
12 | contributions were not made. | ||||||
13 | (c) In lieu of the disability benefits otherwise payable | ||||||
14 | under this
Article, any correctional officer with the county | ||||||
15 | department of corrections or jail sergeant who (1) has become
| ||||||
16 | permanently disabled and as a consequence is unable to perform | ||||||
17 | the duties
of his employment and (2) was making optional | ||||||
18 | contributions in accordance with
this Section at the time the | ||||||
19 | disability was incurred, may elect to receive
a disability | ||||||
20 | annuity calculated in
accordance with the formula in subsection | ||||||
21 | (b). For the purposes of this
subsection, such correctional | ||||||
22 | officer or jail sergeant shall be considered permanently
| ||||||
23 | disabled only if: (i) disability occurs while in service as a | ||||||
24 | correctional officer with the county department of corrections | ||||||
25 | or jail sergeant and is of such a nature as to prevent him from | ||||||
26 | reasonably
performing the duties of his employment at the time; | ||||||
27 | and (ii) the board has
received a written certification by at | ||||||
28 | least 2 licensed physicians
appointed by it stating that such | ||||||
29 | correctional officer or jail sergeant is disabled and that the
| ||||||
30 | disability is likely to be permanent. | ||||||
31 | (d) Refunds of additional optional contributions shall be | ||||||
32 | made on the
same basis and under the same conditions as | ||||||
33 | provided under Section 9-164,
9-166 and 9-167. Interest shall | ||||||
34 | be credited at the effective rate on the
same basis and under | ||||||
35 | the same conditions as for other contributions.
Optional | ||||||
36 | contributions made by jail sergeants shall be accounted for in |
| |||||||
| |||||||
1 | a separate Cook County Jail Sergeant Optional Contribution | ||||||
2 | Reserve. Optional contributions made by correctional officers | ||||||
3 | shall be accounted for in a separate Cook County Correctional | ||||||
4 | Officer Optional Contribution Reserve. Optional contributions | ||||||
5 | under this
Section shall be included in the amount of employee | ||||||
6 | contributions used to
compute the tax levy under Section 9-169. | ||||||
7 | (e) The effective date of this plan of optional alternative | ||||||
8 | benefits
and contributions shall be January 1, 2005, or the | ||||||
9 | date upon which
approval is received from the U.S. Internal | ||||||
10 | Revenue Service, whichever is
later. The plan of optional | ||||||
11 | alternative benefits and contributions shall
not be available | ||||||
12 | to any former correctional officer or jail sergeant receiving | ||||||
13 | an
annuity from the Fund on the effective date of the plan, | ||||||
14 | unless he
re-enters service as a correctional officer with the | ||||||
15 | county department of corrections or jail sergeant and renders | ||||||
16 | at least 3 years
of additional service after the date of | ||||||
17 | re-entry.
| ||||||
18 | (40 ILCS 5/9-121.18 new)
| ||||||
19 | Sec. 9-121.18. Alternative survivor's benefits for | ||||||
20 | survivors of correctional officers or jail sergeants. In lieu | ||||||
21 | of the survivor's benefits otherwise payable under this
| ||||||
22 | Article, the spouse or eligible child of any deceased | ||||||
23 | correctional officer with the county department of corrections | ||||||
24 | or jail sergeant who was either making additional optional | ||||||
25 | contributions in
accordance with Section 9-121.17 on the date | ||||||
26 | of death, or was receiving
an annuity calculated under that | ||||||
27 | Section at the time of death, may elect to
receive an annuity | ||||||
28 | beginning on the date of the
correctional officer's or jail | ||||||
29 | sergeant's death, provided that the spouse and correctional | ||||||
30 | officer or jail sergeant must
have been married on the date of | ||||||
31 | the last termination of his or her service
as a correctional | ||||||
32 | officer or jail sergeant and for a continuous period of at | ||||||
33 | least one year
immediately preceding his or her death. | ||||||
34 | The annuity shall be payable beginning on the date of the | ||||||
35 | correctional officer's or jail sergeant's death if the spouse |
| |||||||
| |||||||
1 | is then age 50 or over, or beginning
at age 50 if the age of the | ||||||
2 | spouse is less than 50 years. If a minor
unmarried child or | ||||||
3 | children of the correctional officer or jail sergeant, under | ||||||
4 | age 18, also
survive, and the child or children are under the | ||||||
5 | care of the eligible
spouse, the annuity shall begin as of the | ||||||
6 | date of death of the correctional officer or jail sergeant | ||||||
7 | without regard to the spouse's age.
| ||||||
8 | The annuity to a spouse shall be 66 2/3% of the amount of | ||||||
9 | retirement
annuity earned by the correctional officer or jail | ||||||
10 | sergeant on the date of death, subject to a
minimum payment of | ||||||
11 | 10% of salary, provided that if an eligible spouse,
regardless | ||||||
12 | of age, has in his or her care at the date of death of the
| ||||||
13 | correctional officer or jail sergeant any unmarried child or | ||||||
14 | children of the correctional officer or jail sergeant, under | ||||||
15 | age 18, the minimum annuity shall be 30% of the correctional | ||||||
16 | officer's or jail sergeant's salary, plus 10% of salary on | ||||||
17 | account of each minor child
of the correctional officer or jail | ||||||
18 | sergeant, subject to a combined total payment on
account of a | ||||||
19 | spouse and minor children not to exceed 50% of the deceased
| ||||||
20 | correctional officer's or jail sergeant's salary. In the event | ||||||
21 | there is no spouse
of the correctional officer or jail sergeant | ||||||
22 | surviving, or should a
spouse remarry or die while eligible | ||||||
23 | minor children still survive the
correctional officer or jail | ||||||
24 | sergeant, each such child shall be entitled to an annuity
equal | ||||||
25 | to 20% of salary of the correctional officer or jail sergeant | ||||||
26 | subject to a combined total
payment on account of all such | ||||||
27 | children not to exceed 50% of salary of the
correctional | ||||||
28 | officer or jail sergeant. The salary to be used in the | ||||||
29 | calculation of these
benefits shall be the same as that | ||||||
30 | prescribed for determining a retirement
annuity as provided in | ||||||
31 | Section 9-121.17. | ||||||
32 | Upon the death of a correctional officer or jail sergeant | ||||||
33 | occurring after termination
of service or while in receipt of a | ||||||
34 | retirement annuity, the combined total
payment to a spouse and | ||||||
35 | minor children, or to minor children alone if no
eligible | ||||||
36 | spouse survives, shall be limited to 75% of the amount of
|
| |||||||
| |||||||
1 | retirement annuity earned by the correctional officer or jail | ||||||
2 | sergeant. | ||||||
3 | Adopted children shall have status as children of the | ||||||
4 | correctional officer or jail sergeant only if the proceedings | ||||||
5 | for adoption were commenced at least one
year prior to the date | ||||||
6 | of the correctional officer's or jail sergeant's death. | ||||||
7 | Marriage of a child or attainment of age 18, whichever | ||||||
8 | first occurs,
shall render the child ineligible for further | ||||||
9 | consideration in the payment
of an annuity to a spouse or in | ||||||
10 | the increase in the amount thereof. Upon
attainment of | ||||||
11 | ineligibility of the youngest minor child of the correctional | ||||||
12 | officer or jail sergeant, the annuity shall immediately revert | ||||||
13 | to the amount payable
upon death of a correctional officer or | ||||||
14 | jail sergeant leaving no minor children surviving
him or her. | ||||||
15 | If the spouse is under age 50 at such time, the annuity as
| ||||||
16 | revised shall be deferred until such age is attained. | ||||||
17 | Remarriage of a
widow or widower prior to attainment of age 55 | ||||||
18 | shall disqualify the spouse
from the receipt of an annuity.
| ||||||
19 | (40 ILCS 5/9-134.2) (from Ch. 108 1/2, par. 9-134.2)
| ||||||
20 | Sec. 9-134.2. Early retirement incentives.
| ||||||
21 | (a) To be eligible for the benefits provided in this | ||||||
22 | Section, a person must:
| ||||||
23 | (1) be a current contributing member of this Fund who, | ||||||
24 | on May 1,
1992 and within 30 days prior to the date of | ||||||
25 | retirement, is (i) in active
payroll status in a position | ||||||
26 | of employment under this Article, or (ii)
receiving | ||||||
27 | disability benefits under Section 9-156 or 9-157;
| ||||||
28 | (2) have not previously retired under this Article;
| ||||||
29 | (3) file with the Board before May 1, 1993, a written | ||||||
30 | application
requesting the benefits provided in this | ||||||
31 | Section;
| ||||||
32 | (4) elect to retire under this Section on or after | ||||||
33 | December
1, 1992 and on or before May 29, 1993 (or the date | ||||||
34 | established under
subsection (c), if applicable);
| ||||||
35 | (5) have attained age 55 on or before the date of |
| |||||||
| |||||||
1 | retirement; and
| ||||||
2 | (6) have at least 10 years of creditable service under | ||||||
3 | this Fund or
any of the participating systems under the | ||||||
4 | Retirement Systems Reciprocal
Act by the effective date of | ||||||
5 | the retirement annuity.
| ||||||
6 | (b) An employee who qualifies for the benefits provided | ||||||
7 | under this
Section shall be entitled to the following:
| ||||||
8 | (1) The employee's retirement annuity, as calculated | ||||||
9 | under the other
provisions of this Article, shall be | ||||||
10 | increased at the time of retirement by
an amount equal to | ||||||
11 | 1% of the employee's average annual salary for the
highest | ||||||
12 | 4 consecutive years within the last 10 years of service,
| ||||||
13 | multiplied by the employee's number of years of service | ||||||
14 | credit in this Fund up
to a maximum of 10 years; except | ||||||
15 | that the total retirement annuity, including
any | ||||||
16 | additional benefits elected under Section 9-121.6 , | ||||||
17 | 9-121.17, or 9-179.3, shall not
exceed 80% of that highest | ||||||
18 | average annual salary.
| ||||||
19 | (2) If the employee's retirement annuity is calculated | ||||||
20 | under Section
9-134, the employee shall not be subject to | ||||||
21 | the reduction in retirement
annuity because of retirement | ||||||
22 | below age 60 that is otherwise required under
that Section.
| ||||||
23 | (c) In the case of an employee whose immediate retirement | ||||||
24 | could
jeopardize public safety or create hardship for the | ||||||
25 | employer, the deadline
for retirement provided in subdivision | ||||||
26 | (a)(4) of this Section may be
extended to a specified date, no | ||||||
27 | later than November 30, 1993, by the
employee's department | ||||||
28 | head, with the approval of the President of the
County Board. | ||||||
29 | In the case of an employee who is not employed by a
department | ||||||
30 | of the County, the employee's "department head", for the
| ||||||
31 | purposes of this Section, shall be a person designated by the | ||||||
32 | President of
the County Board.
| ||||||
33 | (d) Notwithstanding Section 9-161, an annuitant who | ||||||
34 | reenters service
under this Article after receiving a | ||||||
35 | retirement annuity based on benefits
provided under this | ||||||
36 | Section thereby forfeits the right to continue to
receive those |
| |||||||
| |||||||
1 | benefits, and shall have his or her retirement annuity
| ||||||
2 | recalculated without the benefits provided in this Section.
| ||||||
3 | (Source: P.A. 87-1130.)
| ||||||
4 | (40 ILCS 5/9-134.3)
| ||||||
5 | Sec. 9-134.3. Early retirement incentives.
| ||||||
6 | (a) To be eligible for the benefits provided in this | ||||||
7 | Section, a person must:
| ||||||
8 | (1) be a current contributing member of the Fund | ||||||
9 | established under this
Article who, on May 1, 1997 and | ||||||
10 | within 30 days prior to the date of retirement,
is (i) in | ||||||
11 | active payroll status in a position of employment under | ||||||
12 | this Article
or (ii) receiving disability benefits under | ||||||
13 | Section 9-156 or 9-157; or else
be eligible under | ||||||
14 | subsection (g);
| ||||||
15 | (2) have not previously retired from the Fund, except | ||||||
16 | as provided under
subsection (g);
| ||||||
17 | (3) file with the Board before October 1, 1997 (or the | ||||||
18 | date specified
in subsection (g), if applicable) a written | ||||||
19 | application requesting the
benefits provided in this | ||||||
20 | Section;
| ||||||
21 | (4) elect to retire under this Section on or after | ||||||
22 | September 1, 1997 and
on or before February 28, 1998 (or | ||||||
23 | the date established under subsection (d)
or (g), if | ||||||
24 | applicable);
| ||||||
25 | (5) have attained age 55 on or before the date of | ||||||
26 | retirement and before
February 28, 1998; and
| ||||||
27 | (6) have at least 10 years of creditable service in the | ||||||
28 | Fund, excluding
service in any of the other participating | ||||||
29 | systems under the Retirement Systems
Reciprocal Act, by the | ||||||
30 | effective date of the retirement annuity or February 28,
| ||||||
31 | 1998, whichever occurs first.
| ||||||
32 | (b) An employee who qualifies for the benefits provided | ||||||
33 | under this Section
shall be entitled to the following:
| ||||||
34 | (1) The employee's retirement annuity, as calculated | ||||||
35 | under the other
provisions of this Article, shall be |
| |||||||
| |||||||
1 | increased at the time of retirement by
an amount equal to | ||||||
2 | 1% of the employee's average annual salary for the highest
| ||||||
3 | 4 consecutive years within the last 10 years of service, | ||||||
4 | multiplied by the
employee's number of years of service | ||||||
5 | credit in this Fund up to a maximum of
10 years; except | ||||||
6 | that the total retirement annuity, including any | ||||||
7 | additional
benefits elected under Section 9-121.6 , | ||||||
8 | 9-121.17, or 9-179.3, shall not exceed 80% of
that highest | ||||||
9 | average annual salary.
| ||||||
10 | (2) If the employee's retirement annuity is calculated | ||||||
11 | under Section
9-134, the employee shall not be subject to | ||||||
12 | the reduction in retirement annuity
because of retirement | ||||||
13 | below age 60 that is otherwise required under that
Section.
| ||||||
14 | (c) A person who elects to retire under the provisions of | ||||||
15 | this Section
thereby relinquishes his or her right, if any, to | ||||||
16 | have the retirement
annuity calculated under the alternative | ||||||
17 | formula formerly set forth in Section
20-122 of the Retirement | ||||||
18 | Systems Reciprocal Act.
| ||||||
19 | (d) In the case of an employee whose immediate retirement | ||||||
20 | could jeopardize
public safety or create hardship for the | ||||||
21 | employer, the deadline for retirement
provided in subdivision | ||||||
22 | (a)(4) of this Section may be extended to a specified
date, no | ||||||
23 | later than August 31, 1998, by the employee's department head, | ||||||
24 | with
the approval of the President of the County Board. In the | ||||||
25 | case of an employee
who is not employed by a department of the | ||||||
26 | County, the employee's "department
head", for the purposes of | ||||||
27 | this Section, shall be a person designated by the
President of | ||||||
28 | the County Board.
| ||||||
29 | (e) Notwithstanding Section 9-161, an annuitant who | ||||||
30 | reenters service under
this Article after receiving a | ||||||
31 | retirement annuity based on benefits provided
under this | ||||||
32 | Section thereby forfeits the right to continue to receive those
| ||||||
33 | benefits and shall have his or her retirement annuity | ||||||
34 | recalculated without the
benefits provided in this Section.
| ||||||
35 | (f) This Section also applies to the Fund established under
| ||||||
36 | Article 10 of this Code.
|
| |||||||
| |||||||
1 | (g) A person who (1) was a participating employee on | ||||||
2 | November 30, 1996,
(2) was laid off on or after December 1, | ||||||
3 | 1996 and before May 1, 1997 due to
the elimination of the | ||||||
4 | employee's job or position, (3) meets the requirements
of items | ||||||
5 | (3) through (6) of subsection (a), and (4) has not been | ||||||
6 | reinstated
as a Cook County employee since being laid off is | ||||||
7 | eligible for the benefits
provided under this Section. For such | ||||||
8 | a person, the application required under
subdivision (a)(3) of | ||||||
9 | this Section must be filed within 60 days after the
effective | ||||||
10 | date of this amendatory Act of the 92nd General Assembly, and | ||||||
11 | the
date of retirement must be within 60 days after the | ||||||
12 | effective date of this
amendatory Act.
| ||||||
13 | In the case of a person eligible under this subsection (g) | ||||||
14 | who began to
receive a retirement annuity before the effective | ||||||
15 | date of this amendatory Act,
the annuity shall be recalculated | ||||||
16 | to include the increase under this Section,
and that increase | ||||||
17 | shall take effect on the first annuity payment date following
| ||||||
18 | the date of application.
| ||||||
19 | (Source: P.A. 92-599, eff. 6-28-02.)
| ||||||
20 | (40 ILCS 5/9-134.4)
| ||||||
21 | Sec. 9-134.4. Early retirement incentives.
| ||||||
22 | (a) To be eligible for the benefits provided in this | ||||||
23 | Section, a person must:
| ||||||
24 | (1) be a current contributing member of the Fund | ||||||
25 | established under this
Article who, on January 1, 2001 and | ||||||
26 | within 30 days prior to the date of
retirement, is (i) in | ||||||
27 | active payroll status in a position of employment under
| ||||||
28 | this Article or (ii) receiving disability benefits under | ||||||
29 | Section 9-156 or
9-157;
| ||||||
30 | (2) have not previously retired from the Fund;
| ||||||
31 | (3) file with the Board before March 1, 2003 a written | ||||||
32 | application
requesting the benefits provided in this | ||||||
33 | Section;
| ||||||
34 | (4) elect to retire under this Section on or after | ||||||
35 | November 30, 2002 and
on or before March 31, 2003 (or the |
| |||||||
| |||||||
1 | date established under subsection (d),
if applicable);
| ||||||
2 | (5) have attained age 50 on or before the date of | ||||||
3 | retirement and
on or before March 31, 2003; and
| ||||||
4 | (6) have at least 20 years of creditable service in the | ||||||
5 | Fund, excluding
service in any of the other participating | ||||||
6 | systems under the Retirement Systems
Reciprocal Act, by the | ||||||
7 | effective date of the retirement annuity or March 31,
2003, | ||||||
8 | whichever occurs first.
| ||||||
9 | (b) An employee who qualifies for the benefits provided | ||||||
10 | under this Section
shall be entitled to the following:
| ||||||
11 | (1) The employee's retirement annuity, as calculated | ||||||
12 | under the other
provisions of this Article, shall be | ||||||
13 | increased at the time of retirement by
an amount equal to | ||||||
14 | 1% of the employee's average annual salary for the highest
| ||||||
15 | 4 consecutive years within the last 10 years of service, | ||||||
16 | multiplied by the
employee's number of years of service | ||||||
17 | credit in this Fund up to a maximum of
10 years; except | ||||||
18 | that the total retirement annuity, including any | ||||||
19 | additional
benefits elected under Section 9-121.6 , | ||||||
20 | 9-121.17, or 9-179.3, shall not exceed 80% of
that highest | ||||||
21 | average annual salary.
| ||||||
22 | (2) If the employee's retirement annuity is calculated | ||||||
23 | under Section
9-134, the employee shall not be subject to | ||||||
24 | the reduction in retirement
annuity because of retirement | ||||||
25 | below age 60 that is otherwise required under
that Section.
| ||||||
26 | (c) A person who elects to retire under the provisions of | ||||||
27 | this Section
thereby relinquishes his or her right, if any, to | ||||||
28 | have the retirement
annuity calculated under the alternative | ||||||
29 | formula formerly set forth in Section
20-122 of the Retirement | ||||||
30 | Systems Reciprocal Act.
| ||||||
31 | (d) In the case of an employee whose immediate retirement | ||||||
32 | could jeopardize
public safety or create hardship for the | ||||||
33 | employer, the deadline for retirement
provided in subdivision | ||||||
34 | (a)(4) of this Section may be extended to a specified
date, no | ||||||
35 | later than September 30, 2003, by the employee's department | ||||||
36 | head, with
the approval of the President of the County Board. |
| |||||||
| |||||||
1 | In the case of an employee
who is not employed by a department | ||||||
2 | of the County, the employee's "department
head", for the | ||||||
3 | purposes of this Section, shall be a person designated by the
| ||||||
4 | President of the County Board.
| ||||||
5 | (e) Notwithstanding Section 9-161, an annuitant who | ||||||
6 | reenters service under
this Article after receiving a | ||||||
7 | retirement annuity based on benefits provided
under this | ||||||
8 | Section thereby forfeits the right to continue to receive those
| ||||||
9 | benefits and shall have his or her retirement annuity | ||||||
10 | recalculated without the
benefits provided in this Section.
| ||||||
11 | (f) This Section also applies to the Fund established under | ||||||
12 | Article 10 of
this Code.
| ||||||
13 | (Source: P.A. 92-599, eff. 6-28-02.)
| ||||||
14 | Section 90. The State Mandates Act is amended by adding | ||||||
15 | Section 8.28 as
follows:
| ||||||
16 | (30 ILCS 805/8.28 new)
| ||||||
17 | Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
18 | of this
Act, no reimbursement by the State is required for the | ||||||
19 | implementation of
any mandate created by this amendatory Act of | ||||||
20 | the 93rd General Assembly.
| ||||||
21 | Section 99. Effective date. This Act takes effect upon | ||||||
22 | becoming law.
|