Section 1600.202  Return to Employment

Purpose.  This Section defines terms used in Section 15-139 of the Code [40 ILCS 5/15-139] concerning annuitants who return to employment.

a)         For the purposes of Section 15-139 of the Code:

1)         "Annuitant" means a person who is receiving a retirement annuity or who has received a lump-sum retirement benefit from SURS, or, if the retirement annuity payment or payments have not yet been paid due to SURS processing, a person whose retirement annuity payment period has commenced.  However:

A)        a person who has received a lump-sum retirement benefit is not an annuitant for purposes of Section 15-139(b) of the Code; and

B)        a person who is receiving or who has received retirement benefits under the Self-Managed Plan is not an annuitant.

2)         "Retirement annuity payment period" means the annuity payment period beginning on the date specified by the participant submitting a written application, which date shall not be prior to termination of employment or more than one year before the application is received by the Board; however, if the participant is not an employee of an employer participating in this System or in a participating system as defined in Article 20 of the Code on April 1 of the calendar year next following the calendar year in which the participant attains age 70½, the annuity payment period shall begin on that date regardless of whether an application has been filed  [40 ILCS 5/15-135(b)].

3)         "Employee" means an employee as defined by Section 15-107 of the Code.

4)         "Employment" means a relationship with any "employer" (as defined by Section 15-106 of the Code) that would qualify the annuitant as an employee, except for service as a member of the Illinois Educational Labor Relations Board.

5)         "Compensation" means any remuneration paid by an employer that is reportable by the employer as "wages, tips, or other compensation" on Internal Revenue Service Form W-2, unless the remuneration is received for serving as a member of the Illinois Educational Labor Relations Board. 

b)         For purposes of Section 15-139(c) of the Code only, "reemployed" means the annuitant has established a relationship with any employer that would qualify the annuitant as an employee under applicable law; except, the employment must be on a permanent and continuous basis or in a position in which the annuitant is expected to serve for at least 9 months.

c)         It shall be the duty of the employer and employee to notify SURS in a timely manner of any employment that could result in the cancellation or reduction of the retirement annuity under Section 15-139 of the Code.

(Source:  Added at 32 Ill. Reg. 16515, effective September 25, 2008)