Full Text of HB3578 95th General Assembly
HB3578eng 95TH GENERAL ASSEMBLY
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HB3578 Engrossed |
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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 | 5 |
| 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) | 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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| established by the board.
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| Additional optional contributions for the alternative | 17 |
| annuity shall
be as follows:
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| (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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| (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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LRB095 11357 AMC 32113 b |
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| 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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| 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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| (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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LRB095 11357 AMC 32113 b |
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| 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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| (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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| 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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| (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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LRB095 11357 AMC 32113 b |
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| 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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| (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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| 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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| (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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| (Source: P.A. 85-964.)
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| 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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| implementation of any mandate created by this amendatory Act of | 2 |
| the 95th General Assembly.
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