(40 ILCS 5/9-219) (from Ch. 108 1/2, par. 9-219)
(Text of Section WITH the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 9-219. Computation of service.
(1) In computing the term of service of an employee prior to the effective
date, the entire period beginning on the date he was first appointed and
ending on the day before the effective date, except any intervening period
during which he was separated by withdrawal from service, shall be counted
for all purposes of this Article.
(2) In computing the term of service of any employee on or after the
effective date, the following periods of time shall be counted as periods
of service for age and service, widow's and child's annuity purposes:
(a) The time during which he performed the duties of |
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(b) Vacations, leaves of absence with whole or part
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| pay, and leaves of absence without pay not longer than 90 days.
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(c) For an employee who is a member of a county
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| police department or a correctional officer with the county department of corrections, approved leaves of absence without pay during which the employee serves as a full-time officer or employee of an employee association, the membership of which consists of other participants in the Fund, provided that the employee contributes to the Fund (1) the amount that he would have contributed had he remained an active employee in the position he occupied at the time the leave of absence was granted, (2) an amount calculated by the Board representing employer contributions, and (3) regular interest thereon from the date of service to the date of payment. However, if the employee's application to establish credit under this subsection is received by the Fund on or after July 1, 2002 and before July 1, 2003, the amount representing employer contributions specified in item (2) shall be waived.
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For a former member of a county police department who
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| has received a refund under Section 9-164, periods during which the employee serves as head of an employee association, the membership of which consists of other police officers, provided that the employee contributes to the Fund (1) the amount that he would have contributed had he remained an active member of the county police department in the position he occupied at the time he left service, (2) an amount calculated by the Board representing employer contributions, and (3) regular interest thereon from the date of service to the date of payment. However, if the former member of the county police department retires on or after January 1, 1993 but no later than March 1, 1993, the amount representing employer contributions specified in item (2) shall be waived.
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For leaves of absence to which this item (c) applies
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| and for other periods to which this item (c) applies, including those leaves of absence and other periods of service beginning before January 5, 2012 (the effective date of Public Act 97-651), the employee or former member must continue to remain in sworn status, subject to the professional standards of the public employer or those terms established in statute.
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(d) Any period of disability for which he received
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| disability benefit or whole or part pay.
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(e) For a person who first becomes an employee before
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| the effective date of this amendatory Act of the 98th General Assembly, accumulated vacation or other time for which an employee who retires on or after November 1, 1990 receives a lump sum payment at the time of retirement, provided that contributions were made to the fund at the time such lump sum payment was received. The service granted for the lump sum payment shall not change the employee's date of withdrawal for computing the effective date of the annuity.
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(f) An employee who first becomes an employee before
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| the effective date of this amendatory Act of the 98th General Assembly may receive service credit for annuity purposes for accumulated sick leave as of the date of the employee's withdrawal from service, not to exceed a total of 180 days, provided that the amount of such accumulated sick leave is certified by the County Comptroller to the Board and the employee pays an amount equal to 8.5% (9% for members of the County Police Department who are eligible to receive an annuity under Section 9-128.1) of the amount that would have been paid had such accumulated sick leave been paid at the employee's final rate of salary. Such payment shall be made within 30 days after the date of withdrawal and prior to receipt of the first annuity check. The service credit granted for such accumulated sick leave shall not change the employee's date of withdrawal for the purpose of computing the effective date of the annuity.
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(3) In computing the term of service of an employee on or after the
effective date for ordinary disability benefit purposes, the following
periods of time shall be counted as periods of service:
(a) Unless otherwise specified in Section 9-157, the
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| time during which he performed the duties of his position.
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(b) Paid vacations and leaves of absence with whole
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(c) Any period for which he received duty disability
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(d) Any period of disability for which he received
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(4) For an employee who on January 1, 1958, was transferred by Act
of the 70th General Assembly from his position in a department of welfare
of any city located in the county in which this Article is in force and
effect to a similar position in a department of such county, service shall
also be credited for ordinary disability benefit and child's annuity for
such period of department of welfare service during which period he was a
contributor to a statutory annuity and benefit fund in such city and for
which purposes service credit would otherwise not be credited by virtue of
such involuntary transfer.
(5) An employee described in subsection (e) of Section 9-108 shall receive
credit for child's annuity and ordinary disability benefit for the period of
time for which he was credited with service in the fund from which he was
involuntarily separated through class or group transfer; provided, that no such
credit shall be allowed to the extent that it results in a duplication of
credits or benefits, and neither shall such credit be allowed to the extent
that it was or may be forfeited by the application for and acceptance of a
refund from the fund from which the employee was transferred.
(6) Overtime or extra service shall not be included in computing
service. Not more than 1 year of service shall be allowed for service
rendered during any calendar year.
(7) Unused sick or vacation time shall not be used to
compute the service of an employee who first becomes an
employee on or after the effective date of this amendatory Act
of the 98th General Assembly.
(Source: P.A. 97-651, eff. 1-5-12; 98-599, eff. 6-1-14 .)
(Text of Section WITHOUT the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 9-219. Computation of service.
(1) In computing the term of service of an employee prior to the effective
date, the entire period beginning on the date he was first appointed and
ending on the day before the effective date, except any intervening period
during which he was separated by withdrawal from service, shall be counted
for all purposes of this Article.
(2) In computing the term of service of any employee on or after the
effective date, the following periods of time shall be counted as periods
of service for age and service, widow's and child's annuity purposes:
(a) The time during which he performed the duties of
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|
(b) Vacations, leaves of absence with whole or part
|
| pay, and leaves of absence without pay not longer than 90 days.
|
|
(c) For an employee who is a member of a county
|
| police department or a correctional officer with the county department of corrections, approved leaves of absence without pay during which the employee serves as a full-time officer or employee of an employee association, the membership of which consists of other participants in the Fund, provided that the employee contributes to the Fund (1) the amount that he would have contributed had he remained an active employee in the position he occupied at the time the leave of absence was granted, (2) an amount calculated by the Board representing employer contributions, and (3) regular interest thereon from the date of service to the date of payment. However, if the employee's application to establish credit under this subsection is received by the Fund on or after July 1, 2002 and before July 1, 2003, the amount representing employer contributions specified in item (2) shall be waived.
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For a former member of a county police department who
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| has received a refund under Section 9-164, periods during which the employee serves as head of an employee association, the membership of which consists of other police officers, provided that the employee contributes to the Fund (1) the amount that he would have contributed had he remained an active member of the county police department in the position he occupied at the time he left service, (2) an amount calculated by the Board representing employer contributions, and (3) regular interest thereon from the date of service to the date of payment. However, if the former member of the county police department retires on or after January 1, 1993 but no later than March 1, 1993, the amount representing employer contributions specified in item (2) shall be waived.
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For leaves of absence to which this item (c) applies
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| and for other periods to which this item (c) applies, including those leaves of absence and other periods of service beginning before the effective date of this amendatory Act of the 97th General Assembly, the employee or former member must continue to remain in sworn status, subject to the professional standards of the public employer or those terms established in statute.
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(d) Any period of disability for which he received
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| disability benefit or whole or part pay.
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(e) Accumulated vacation or other time for which an
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| employee who retires on or after November 1, 1990 receives a lump sum payment at the time of retirement, provided that contributions were made to the fund at the time such lump sum payment was received. The service granted for the lump sum payment shall not change the employee's date of withdrawal for computing the effective date of the annuity.
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(f) An employee may receive service credit for
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| annuity purposes for accumulated sick leave as of the date of the employee's withdrawal from service, not to exceed a total of 180 days, provided that the amount of such accumulated sick leave is certified by the County Comptroller to the Board and the employee pays an amount equal to 8.5% (9% for members of the County Police Department who are eligible to receive an annuity under Section 9-128.1) of the amount that would have been paid had such accumulated sick leave been paid at the employee's final rate of salary. Such payment shall be made within 30 days after the date of withdrawal and prior to receipt of the first annuity check. The service credit granted for such accumulated sick leave shall not change the employee's date of withdrawal for the purpose of computing the effective date of the annuity.
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(3) In computing the term of service of an employee on or after the
effective date for ordinary disability benefit purposes, the following
periods of time shall be counted as periods of service:
(a) Unless otherwise specified in Section 9-157, the
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| time during which he performed the duties of his position.
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(b) Paid vacations and leaves of absence with whole
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(c) Any period for which he received duty disability
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(d) Any period of disability for which he received
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(4) For an employee who on January 1, 1958, was transferred by Act
of the 70th General Assembly from his position in a department of welfare
of any city located in the county in which this Article is in force and
effect to a similar position in a department of such county, service shall
also be credited for ordinary disability benefit and child's annuity for
such period of department of welfare service during which period he was a
contributor to a statutory annuity and benefit fund in such city and for
which purposes service credit would otherwise not be credited by virtue of
such involuntary transfer.
(5) An employee described in subsection (e) of Section 9-108 shall receive
credit for child's annuity and ordinary disability benefit for the period of
time for which he was credited with service in the fund from which he was
involuntarily separated through class or group transfer; provided, that no such
credit shall be allowed to the extent that it results in a duplication of
credits or benefits, and neither shall such credit be allowed to the extent
that it was or may be forfeited by the application for and acceptance of a
refund from the fund from which the employee was transferred.
(6) Overtime or extra service shall not be included in computing
service. Not more than 1 year of service shall be allowed for service
rendered during any calendar year.
(Source: P.A. 97-651, eff. 1-5-12.)
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(40 ILCS 5/9-220) (from Ch. 108 1/2, par. 9-220)
(Text of Section WITH the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 9-220. Basis of service credit.
(a) In computing the period of service of any employee for annuity
purposes under Section 9-134, the following provisions shall govern:
(1) All periods prior to the effective date shall be |
| computed in accordance with the provisions governing the computation of such service.
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(2) Service on or after the effective date shall
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(i) The actual period of time the employee
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| contributes or has contributed to the fund for service rendered to age 65 plus the actual period of time after age 65 for which the employee performs the duties of his position or performs such duties and is given a county contribution for age and service annuity or minimum annuity purposes.
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(ii) Leaves of absence from duty, or vacation,
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| for which an employee receives all or part of his salary.
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(iii) For a person who first becomes an employee
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| before the effective date of this amendatory Act of the 98th General Assembly, accumulated vacation or other time for which an employee who retires on or after November 1, 1990 receives a lump sum payment at the time of retirement, provided that contributions were made to the fund at the time such lump sum payment was received. The service granted for the lump sum payment shall not change the employee's date of withdrawal for computing the effective date of the annuity.
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(iv) For a person who first becomes an employee
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| before the effective date of this amendatory Act of the 98th General Assembly, accumulated sick leave as of the date of the employee's withdrawal from service, not to exceed a total of 180 days, provided that the amount of such accumulated sick leave is certified by the County Comptroller to the Board and the employee pays an amount equal to 8.5% (9% for members of the County Police Department who are eligible to receive an annuity under Section 9-128.1) of the amount that would have been paid had such accumulated sick leave been paid at the employee's final rate of salary. Such payment shall be made within 30 days after the date of withdrawal and prior to receipt of the first annuity check. The service credit granted for such accumulated sick leave shall not change the employee's date of withdrawal for the purpose of computing the effective date of the annuity.
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(v) Periods during which the employee has had
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| contributions for annuity purposes made for him in accordance with law while on military leave of absence during World War II.
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(vi) Periods during which the employee receives a
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| disability benefit under this Article.
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(vii) For any person who first becomes a member
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| on or after January 1, 2011, the actual period of time the employee contributes or has contributed to the fund for service rendered up to the limitation on salary in subsection (b-5) of Section 1-160 plus the actual period of time thereafter for which the employee performs the duties of his position and ceased contributing due to the salary limitation in subsection (b-5) of Section 1-160.
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(3) The right to have certain periods of time
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| considered as service as stated in paragraph (2) of Section 9-164 shall not apply for annuity purposes unless the refunds shall have been repaid in accordance with this Article.
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(4) All service shall be computed in whole calendar
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| months, and at least 15 days of service in any one calendar month shall constitute one calendar month of service, and 1 year of service shall be equal to the number of months, days or hours for which an appropriation was made in the annual appropriation ordinance for the position held by the employee.
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(5) Unused sick or vacation time shall not be used to
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| compute the service of an employee who first becomes an employee on or after the effective date of this amendatory Act of the 98th General Assembly.
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(b) For all other annuity purposes of this Article the following
schedule shall govern the computation of a year of service of an
employee whose salary or wages is on the basis stated, and any
fractional part of a year of service shall be determined according to
said schedule:
Annual or Monthly Basis: Service during 4 months in any 1 calendar
year;
Weekly Basis: Service during any 17 weeks of any 1 calendar year, and
service during any week shall constitute a week of service;
Daily Basis: Service during 100 days in any 1 calendar year, and
service during any day shall constitute a day of service;
Hourly Basis: Service during 800 hours in any 1 calendar year, and
service during any hour shall constitute an hour of service.
(Source: P.A. 98-599, eff. 6-1-14 .)
(Text of Section WITHOUT the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 9-220. Basis of service credit.
(a) In computing the period of service of any employee for annuity
purposes under Section 9-134, the following provisions shall govern:
(1) All periods prior to the effective date shall be
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| computed in accordance with the provisions governing the computation of such service.
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(2) Service on or after the effective date shall
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(i) The actual period of time the employee
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| contributes or has contributed to the fund for service rendered to age 65 plus the actual period of time after age 65 for which the employee performs the duties of his position or performs such duties and is given a county contribution for age and service annuity or minimum annuity purposes.
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(ii) Leaves of absence from duty, or vacation,
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| for which an employee receives all or part of his salary.
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(iii) Accumulated vacation or other time for
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| which an employee who retires on or after November 1, 1990 receives a lump sum payment at the time of retirement, provided that contributions were made to the fund at the time such lump sum payment was received. The service granted for the lump sum payment shall not change the employee's date of withdrawal for computing the effective date of the annuity.
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(iv) Accumulated sick leave as of the date of the
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| employee's withdrawal from service, not to exceed a total of 180 days, provided that the amount of such accumulated sick leave is certified by the County Comptroller to the Board and the employee pays an amount equal to 8.5% (9% for members of the County Police Department who are eligible to receive an annuity under Section 9-128.1) of the amount that would have been paid had such accumulated sick leave been paid at the employee's final rate of salary. Such payment shall be made within 30 days after the date of withdrawal and prior to receipt of the first annuity check. The service credit granted for such accumulated sick leave shall not change the employee's date of withdrawal for the purpose of computing the effective date of the annuity.
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(v) Periods during which the employee has had
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| contributions for annuity purposes made for him in accordance with law while on military leave of absence during World War II.
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(vi) Periods during which the employee receives a
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| disability benefit under this Article.
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(vii) For any person who first becomes a member
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| on or after January 1, 2011, the actual period of time the employee contributes or has contributed to the fund for service rendered up to the limitation on salary in subsection (b-5) of Section 1-160 plus the actual period of time thereafter for which the employee performs the duties of his position and ceased contributing due to the salary limitation in subsection (b-5) of Section 1-160.
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(3) The right to have certain periods of time
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| considered as service as stated in paragraph (2) of Section 9-164 shall not apply for annuity purposes unless the refunds shall have been repaid in accordance with this Article.
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(4) All service shall be computed in whole calendar
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| months, and at least 15 days of service in any one calendar month shall constitute one calendar month of service, and 1 year of service shall be equal to the number of months, days or hours for which an appropriation was made in the annual appropriation ordinance for the position held by the employee.
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(b) For all other annuity purposes of this Article the following
schedule shall govern the computation of a year of service of an
employee whose salary or wages is on the basis stated, and any
fractional part of a year of service shall be determined according to
said schedule:
Annual or Monthly Basis: Service during 4 months in any 1 calendar
year;
Weekly Basis: Service during any 17 weeks of any 1 calendar year, and
service during any week shall constitute a week of service;
Daily Basis: Service during 100 days in any 1 calendar year, and
service during any day shall constitute a day of service;
Hourly Basis: Service during 800 hours in any 1 calendar year, and
service during any hour shall constitute an hour of service.
(Source: P.A. 96-1490, eff. 1-1-11.)
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(40 ILCS 5/9-228) (from Ch. 108 1/2, par. 9-228)
Sec. 9-228. Attachment; withholding.
(a) The annuities, pensions, refunds, and disability benefits granted
under this Article shall be exempt from attachment or garnishment process
and shall not be seized, taken, subjected to, detained, or levied upon by
virtue of any judgment, or any process or proceeding whatsoever issued out
of or by any court in this State, for the payment and satisfaction in whole
or in part of any debt, damage, claim, demand, or judgment against any
annuitant, pensioner, person entitled to a refund, or other beneficiary
hereunder.
(b) No annuitant, pensioner, person entitled to a refund, or other
beneficiary shall have any right to transfer or assign his annuity or
disability benefit or any part thereof by way of mortgage or otherwise
except that an annuitant or a widow annuitant who elects to participate in
any group hospitalization plan or group medical surgical plan shall have
the right to authorize the Board to deduct the cost to him of such plan
from the annuity check and to pay such deducted amount to the group
insurance carrier, provided, however, that the Board in its discretion may
terminate such right; provided, that the board in its discretion may pay to
the wife of any annuitant, pensioner, refund applicant, or disability
beneficiary such an amount out of her husband's annuity, pension, refund,
or disability benefit as any court may order, or such an amount as the
board may consider necessary for the support of his wife or children or
both in the event of his disappearance or unexplained absence or his
failure to support such wife or children.
(c) The board may retain out of any future annuity, pension, refund or
disability benefit payments, such amount, or amounts, as it may require for
the repayment of any moneys paid to any annuitant, pensioner, refund
applicant, or disability beneficiary through misrepresentation, fraud or
error. Any such action of the board shall relieve and release the board and
the fund from any liability for any moneys so withheld.
(d) Whenever an annuity, pension, refund, or disability benefit is
payable to a minor or to a person adjudged to be under legal disability,
the board, in its discretion and when to the best interest of the person
concerned, may waive guardianship proceedings and pay the annuity, pension,
refund or benefit to the person providing or caring for the minor and to
the wife, parent or blood relative providing or caring for the person.
In the event that a person certified by a medical doctor to be under legal disability (i) has no spouse, blood relative, or other person providing or caring for him or her, (ii) has no guardian of his or her estate, and (iii) is confined to a Medicare-certified, State-licensed nursing home or to a publicly owned and operated nursing home, hospital, or mental institution, the Board may pay any benefit due that person to the nursing home, hospital, or mental institution, to be used for the sole benefit of the person under legal disability. Payment in accordance with this subsection to a person, nursing home, hospital, or mental institution for the benefit of a minor or person under legal disability shall be an absolute discharge of the Fund's liability with respect to the amount so paid. Any person, nursing home, hospital, or mental institution accepting payment under this subsection shall notify the Fund of the death or any other relevant change in the status of the minor or person under legal disability. (e) An annuitant may authorize the withholding of a portion of his
annuity for payment of dues to any labor organization designated by the
annuitant; however, no portion of annuities may be withheld pursuant to
this subsection for payment to any one labor organization unless a minimum
of 100 annuitants authorize such withholding, except that the Board may
allow such withholding for less than 100 annuitants during a probationary
period of between 3 and 6 months, as determined by the Board. The Board
shall prescribe a form for the authorization of such withholding, and shall
provide such forms to employees, annuitants and labor organizations upon
request. Amounts withheld by the Board under this subsection shall be
promptly paid over to the designated organizations.
Any such labor organization shall have access to the Fund's mailing list
of annuitants, upon such terms as the Board may approve. The expenses of
any mailing conducted by the labor organization shall be borne by the labor
organization.
(Source: P.A. 100-794, eff. 8-10-18.)
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