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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB3578
Introduced 2/28/2007, by Rep. John A. Fritchey SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/9-121.6 |
from Ch. 108 1/2, par. 9-121.6 |
30 ILCS 805/8.31 new |
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Amends the Cook County Article of the Illinois Pension Code. Provides that the plan of optional alternative benefits and contributions for Cook county officers elected by vote of the people only applies to county officers elected by vote of the people on or before the effective date of the amendatory Act. Amends the State Mandates Act to require implementation without reimbursement.
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FISCAL NOTE ACT MAY APPLY |
PENSION IMPACT NOTE ACT MAY APPLY |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB3578 |
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LRB095 11357 AMC 32113 b |
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| AN ACT concerning public employee benefits.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing |
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| Section 9-121.6 as follows:
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| (40 ILCS 5/9-121.6) (from Ch. 108 1/2, par. 9-121.6)
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| Sec. 9-121.6. Alternative annuity for county officers. (a) |
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| Any
county officer elected by vote of the people may elect to |
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| establish
alternative credits for an alternative annuity by |
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| electing in writing to
make additional optional contributions |
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| in accordance with this Section and
procedures established by |
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| the board. Such elected county officer
may discontinue making |
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| the additional optional contributions by notifying
the Fund in |
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| writing in accordance with this Section and procedures
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| established by the board.
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| Additional optional contributions for the alternative |
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| annuity shall
be as follows:
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| (1) For service after the option is elected, an additional |
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| contribution
of 3% of salary shall be contributed to the Fund |
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| on the same basis and
under the same conditions as |
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| contributions required under Sections 9-170
and 9-176.
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| (2) For service before the option is elected, an additional
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| contribution of 3% of the salary for the applicable period of |
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HB3578 |
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LRB095 11357 AMC 32113 b |
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| service, plus
interest at the effective rate from the date of |
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| service to the date of
payment. All payments for past service |
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| must be paid in full before credit
is given. No additional |
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| optional contributions may be made for any period
of service |
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| for which credit has been previously forfeited by acceptance of
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| a refund, unless the refund is repaid in full with interest at |
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| the
effective rate from the date of refund to the date of |
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| repayment.
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| (b) In lieu of the retirement annuity otherwise payable |
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| under this
Article, any county officer elected by vote of the |
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| people who (1) has
elected to participate in the Fund and make |
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| additional optional
contributions in accordance with this |
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| Section, and (2)
has attained age 60 with at least 10 years of |
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| service credit,
or has attained age 65 with at least 8 years of |
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| service credit, may elect
to have his retirement annuity |
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| computed as follows: 3% of the
participant's salary at the time |
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| of termination of service for each of the
first 8 years of |
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| service credit, plus 4% of such salary for each of the
next 4 |
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| years of service credit, plus
5% of such salary for each year |
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| of service credit in excess of 12 years,
subject to a maximum |
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| of 80% of such salary. To the extent such elected
county |
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| officer has made additional optional contributions with |
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| respect to
only a portion of his years of service credit, his |
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| retirement annuity will
first be determined in accordance with |
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| this Section to the extent such
additional optional |
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| contributions were made, and then in accordance with
the |
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HB3578 |
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LRB095 11357 AMC 32113 b |
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| remaining Sections of this Article to the extent of years of |
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| service
credit with respect to which additional optional |
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| contributions were not made.
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| (c) In lieu of the disability benefits otherwise payable |
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| under this
Article, any county officer elected by vote of the |
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| people who (1) has
elected to participate in the Fund, and (2) |
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| has become
permanently disabled and as a consequence is unable |
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| to perform the duties
of his office, and (3) was making |
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| optional contributions in accordance with
this Section at the |
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| time the disability was incurred, may elect to receive
a |
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| disability annuity calculated in
accordance with the formula in |
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| subsection (b). For the purposes of this
subsection, such |
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| elected county officer shall be considered permanently
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| disabled only if: (i) disability occurs while in service as an |
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| elected
county officer and is of such a nature as to prevent |
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| him from reasonably
performing the duties of his office at the |
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| time; and (ii) the board has
received a written certification |
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| by at least 2 licensed physicians
appointed by it stating that |
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| such officer is disabled and that the
disability is likely to |
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| be permanent.
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| (d) Refunds of additional optional contributions shall be |
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| made on the
same basis and under the same conditions as |
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| provided under Section 9-164,
9-166 and 9-167. Interest shall |
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| be credited at the effective rate on the
same basis and under |
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| the same conditions as for other contributions.
Optional |
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| contributions shall be accounted for in a separate Elected |
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HB3578 |
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LRB095 11357 AMC 32113 b |
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| County
Officer Optional Contribution Reserve. Optional |
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| contributions under this
Section shall be included in the |
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| amount of employee contributions used to
compute the tax levy |
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| under Section 9-169.
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| (e) The effective date of this plan of optional alternative |
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| benefits
and contributions shall be January 1, 1988, or the |
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| date upon which
approval is received from the U.S. Internal |
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| Revenue Service, whichever is
later. The plan of optional |
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| alternative benefits and contributions shall
not be available |
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| to any former county officer or employee receiving an
annuity |
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| from the Fund on the effective date of the plan, unless he
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| re-enters service as an elected county officer and renders at |
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| least 3 years
of additional service after the date of re-entry.
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| (f) The plan of optional alternative benefits and |
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| contributions authorized under this Section applies only to |
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| county officers elected by vote of the people on or before the |
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| effective date of this amendatory Act of the 95th General |
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| Assembly.
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| (Source: P.A. 85-964.)
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| Section 90. The State Mandates Act is amended by adding |
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| Section 8.31 as follows: |
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| (30 ILCS 805/8.31 new) |
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| Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 |
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| of this Act, no reimbursement by the State is required for the |