Illinois General Assembly - Full Text of Public Act 095-0654
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Public Act 095-0654


 

Public Act 0654 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0654
 
HB3578 Enrolled LRB095 11357 AMC 32113 b

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

Effective Date: 1/1/2008