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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 | Section 9-121.6 as follows:
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6 | (40 ILCS 5/9-121.6) (from Ch. 108 1/2, par. 9-121.6)
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7 | Sec. 9-121.6. Alternative annuity for county officers. (a) | ||||||
8 | Any
county officer elected by vote of the people may elect to | ||||||
9 | establish
alternative credits for an alternative annuity by | ||||||
10 | electing in writing to
make additional optional contributions | ||||||
11 | in accordance with this Section and
procedures established by | ||||||
12 | the board. Such elected county officer
may discontinue making | ||||||
13 | the additional optional contributions by notifying
the Fund in | ||||||
14 | writing in accordance with this Section and procedures
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15 | established by the board.
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16 | Additional optional contributions for the alternative | ||||||
17 | annuity shall
be as follows:
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18 | (1) For service after the option is elected, an additional | ||||||
19 | contribution
of 3% of salary shall be contributed to the Fund | ||||||
20 | on the same basis and
under the same conditions as | ||||||
21 | contributions required under Sections 9-170
and 9-176.
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22 | (2) For service before the option is elected, an additional
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23 | contribution of 3% of the salary for the applicable period of |
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1 | service, plus
interest at the effective rate from the date of | ||||||
2 | service to the date of
payment. All payments for past service | ||||||
3 | must be paid in full before credit
is given. No additional | ||||||
4 | optional contributions may be made for any period
of service | ||||||
5 | for which credit has been previously forfeited by acceptance of
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6 | a refund, unless the refund is repaid in full with interest at | ||||||
7 | the
effective rate from the date of refund to the date of | ||||||
8 | repayment.
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9 | (b) In lieu of the retirement annuity otherwise payable | ||||||
10 | under this
Article, any county officer elected by vote of the | ||||||
11 | people who (1) has
elected to participate in the Fund and make | ||||||
12 | additional optional
contributions in accordance with this | ||||||
13 | Section, and (2)
has attained age 60 with at least 10 years of | ||||||
14 | service credit,
or has attained age 65 with at least 8 years of | ||||||
15 | service credit, may elect
to have his retirement annuity | ||||||
16 | computed as follows: 3% of the
participant's salary at the time | ||||||
17 | of termination of service for each of the
first 8 years of | ||||||
18 | service credit, plus 4% of such salary for each of the
next 4 | ||||||
19 | years of service credit, plus
5% of such salary for each year | ||||||
20 | of service credit in excess of 12 years,
subject to a maximum | ||||||
21 | of 80% of such salary. To the extent such elected
county | ||||||
22 | officer has made additional optional contributions with | ||||||
23 | respect to
only a portion of his years of service credit, his | ||||||
24 | retirement annuity will
first be determined in accordance with | ||||||
25 | this Section to the extent such
additional optional | ||||||
26 | contributions were made, and then in accordance with
the |
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1 | remaining Sections of this Article to the extent of years of | ||||||
2 | service
credit with respect to which additional optional | ||||||
3 | contributions were not made.
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4 | (c) In lieu of the disability benefits otherwise payable | ||||||
5 | under this
Article, any county officer elected by vote of the | ||||||
6 | people who (1) has
elected to participate in the Fund, and (2) | ||||||
7 | has become
permanently disabled and as a consequence is unable | ||||||
8 | to perform the duties
of his office, and (3) was making | ||||||
9 | optional contributions in accordance with
this Section at the | ||||||
10 | time the disability was incurred, may elect to receive
a | ||||||
11 | disability annuity calculated in
accordance with the formula in | ||||||
12 | subsection (b). For the purposes of this
subsection, such | ||||||
13 | elected county officer shall be considered permanently
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14 | disabled only if: (i) disability occurs while in service as an | ||||||
15 | elected
county officer and is of such a nature as to prevent | ||||||
16 | him from reasonably
performing the duties of his office at the | ||||||
17 | time; and (ii) the board has
received a written certification | ||||||
18 | by at least 2 licensed physicians
appointed by it stating that | ||||||
19 | such officer is disabled and that the
disability is likely to | ||||||
20 | be permanent.
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21 | (d) Refunds of additional optional contributions shall be | ||||||
22 | made on the
same basis and under the same conditions as | ||||||
23 | provided under Section 9-164,
9-166 and 9-167. Interest shall | ||||||
24 | be credited at the effective rate on the
same basis and under | ||||||
25 | the same conditions as for other contributions.
Optional | ||||||
26 | contributions shall be accounted for in a separate Elected |
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1 | County
Officer Optional Contribution Reserve. Optional | ||||||
2 | contributions under this
Section shall be included in the | ||||||
3 | amount of employee contributions used to
compute the tax levy | ||||||
4 | under Section 9-169.
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5 | (e) The effective date of this plan of optional alternative | ||||||
6 | benefits
and contributions shall be January 1, 1988, or the | ||||||
7 | date upon which
approval is received from the U.S. Internal | ||||||
8 | Revenue Service, whichever is
later. The plan of optional | ||||||
9 | alternative benefits and contributions shall
not be available | ||||||
10 | to any former county officer or employee receiving an
annuity | ||||||
11 | from the Fund on the effective date of the plan, unless he
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12 | re-enters service as an elected county officer and renders at | ||||||
13 | least 3 years
of additional service after the date of re-entry.
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14 | (f) The plan of optional alternative benefits and | ||||||
15 | contributions authorized under this Section applies only to | ||||||
16 | county officers elected by vote of the people on or before the | ||||||
17 | effective date of this amendatory Act of the 95th General | ||||||
18 | Assembly.
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19 | (Source: P.A. 85-964.)
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20 | Section 90. The State Mandates Act is amended by adding | ||||||
21 | Section 8.31 as follows: | ||||||
22 | (30 ILCS 805/8.31 new) | ||||||
23 | Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
24 | of this Act, no reimbursement by the State is required for the |
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1 | implementation of any mandate created by this amendatory Act of | ||||||
2 | the 95th General Assembly.
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