(40 ILCS 5/12-190.2) (from Ch. 108 1/2, par. 12-190.2)
Sec. 12-190.2.
Overpayment; deduction.
The amount of any overpayment,
of any pension or benefit granted under this Article, due to fraud,
misrepresentation or error, may be deducted from future payments or refunds
made to the recipient of the overpayment. The board also may
withhold payment of any benefits or pensions payable under this Article
where any type of lawsuit or Workers' Compensation suit has been
instituted until the specific liability of the board and the fund for
payments due is established by the adjudication or dismissal of the suit.
Any such action of the board shall relieve and release the board and the
fund from any liability for any moneys deducted or withheld.
(Source: P.A. 86-1488.)
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(40 ILCS 5/12-190.3) (from Ch. 108 1/2, par. 12-190.3)
Sec. 12-190.3. Fraud. Any person who knowingly makes any false
statement or falsifies or permits to be falsified any record of this Fund
in any attempt to defraud the Fund is guilty of a Class A misdemeanor.
None of the benefits provided for in this Article shall be paid to any person who is convicted of any misdemeanor or felony relating to or arising out of or in connection with any attempt to defraud the Fund. This Section shall not operate to impair any contract or vested right previously acquired under any law or laws continued in this Article, nor to preclude the right to a refund. (Source: P.A. 96-1466, eff. 8-20-10.)
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(40 ILCS 5/12-191) (from Ch. 108 1/2, par. 12-191)
Sec. 12-191. Felony conviction.
None of the benefits provided for in this Article shall be paid to any
person who is convicted of any felony relating to or arising out of or in
connection with his service as an employee.
None of the benefits provided for in this Article shall be paid to any person who otherwise would receive a survivor benefit who is convicted of any felony relating to or arising out of or in connection with the service of the employee from whom the benefit results. This Section shall not operate to impair any contract or vested right
heretofore acquired under any law or laws continued in this Article, nor to
preclude the right to a refund, and for the changes under this amendatory Act of the 100th General Assembly, shall not impair any contract or vested right acquired by a survivor prior to the effective date of this amendatory Act of the 100th General Assembly.
All future entrants entering service subsequent to July 11, 1955 shall
be deemed to have consented to the provisions of this section as a
condition of coverage, and all participants entering service subsequent to the effective date of this amendatory Act of the 100th General Assembly shall be deemed to have consented to the provisions of this amendatory Act as a condition of participation.
(Source: P.A. 100-334, eff. 8-25-17.)
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(40 ILCS 5/12-192) (from Ch. 108 1/2, par. 12-192)
Sec. 12-192.
Administrative review.
The provisions of the Administrative
Review Law, and all amendments and modifications thereof and the rules adopted
pursuant thereto, shall apply to and govern all proceedings for the
judicial review of final administrative decisions of the retirement board
provided for under this Article. The term "administrative decision" is as
defined in Section 3-101 of the Code of Civil Procedure.
(Source: P.A. 82-783.)
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(40 ILCS 5/12-193) (from Ch. 108 1/2, par. 12-193)
Sec. 12-193.
General provisions and savings clause.
The provisions of Article 1 and Article 23 of this Code apply to this
Article as though such provisions were fully set forth in this Article as a
part thereof.
(Source: Laws 1963, p. 161.)
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(40 ILCS 5/12-194) (from Ch. 108 1/2, par. 12-194)
Sec. 12-194.
Effective Date of Certain Provisions.
The changes made
by this amendatory Act of 1989 pertaining to the date of fixation of
annuities and the period of time for which disability benefits are payable
shall be effective July 1, 1988.
(Source: P.A. 86-272.)
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(40 ILCS 5/12-195) Sec. 12-195. Application and expiration of new benefit increases. (a) As used in this Section, "new benefit increase" means an increase in the amount of any benefit provided under this Article, or an expansion of the conditions of eligibility for any benefit under this Article, that results from an amendment to this Code that takes effect after the effective date of this amendatory Act of the 98th General Assembly. (b) Notwithstanding any other provision of this Code or any subsequent amendment to this Code, every new benefit increase is subject to this Section and shall be deemed to be granted only in conformance with and contingent upon compliance with the provisions of this Section. (c) The Public Act enacting a new benefit increase must identify and provide for payment to the Fund of additional funding at least sufficient to fund the resulting annual increase in cost to the Fund as it accrues. Every new benefit increase is contingent upon the General Assembly providing the additional funding required under this subsection (c). The State Actuary shall analyze whether adequate additional funding has been provided for the new benefit increase. A new benefit increase created by a Public Act that does not include the additional funding required under this subsection (c) is null and void. If the State Actuary determines that the additional funding provided for a new benefit increase under this subsection (c) is or has become inadequate, it may so certify to the Governor and the State Comptroller and, in the absence of corrective action by the General Assembly, the new benefit increase shall expire at the end of the fiscal year in which the certification is made.
(Source: P.A. 102-263, eff. 8-6-21.) |
(40 ILCS 5/Art. 13 heading) ARTICLE 13. METROPOLITAN WATER RECLAMATION
DISTRICT RETIREMENT FUND
(Source: P.A. 95-331, eff. 8-21-07.) |
(40 ILCS 5/Art. 13 Pt. I heading) Part I.
General Provisions.
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(40 ILCS 5/13-101) (from Ch. 108 1/2, par. 13-101)
Sec. 13-101.
Creation of Fund.
In each sanitary district organized
under the Metropolitan Water Reclamation District Act, a Sanitary District
Employees' and Trustees' Annuity and Benefit Fund shall be created, set
apart, maintained and administered, in the manner prescribed in this
Article for the benefit of the employees herein designated and their
beneficiaries. Beginning January 1, 1992, the Fund shall be known as the
Metropolitan Water Reclamation District Retirement Fund.
(Source: P.A. 87-794.)
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(40 ILCS 5/13-102) (from Ch. 108 1/2, par. 13-102)
Sec. 13-102.
Amendatory Act of 1991.
This amendatory Act of 1991
is intended to clarify and restate the provisions of this Article 13
and to make certain substantive changes. This amendatory Act shall
not be applied to deprive any person of eligibility for an annuity
or benefit, to reduce the annuity or benefit, or to deprive a
person of any right to which that person would have been entitled
prior to the effective date of this amendatory Act of 1991, if
the person from whose employment the annuity, benefit or right
derives was an employee prior to that date.
(Source: P.A. 87-794.)
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(40 ILCS 5/Art. 13 Pt. II heading) Part II.
Definitions.
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(40 ILCS 5/13-201) (from Ch. 108 1/2, par. 13-201)
Sec. 13-201.
Terms defined.
The terms used in this Article shall have
the meanings ascribed to them in this Part II, except when the context
otherwise indicates.
(Source: P.A. 87-794.)
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(40 ILCS 5/13-202) (from Ch. 108 1/2, par. 13-202)
Sec. 13-202.
"Fund":
The Metropolitan Water Reclamation District
Retirement Fund, formerly known as the "Sanitary District Employees' and
Trustees' Annuity and Benefit Fund" which was heretofore created for the
benefit of the employees herein designated and their beneficiaries.
(Source: P.A. 87-794.)
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(40 ILCS 5/13-203) (from Ch. 108 1/2, par. 13-203)
Sec. 13-203.
"Employer":
The Metropolitan Water Reclamation District
of Greater Chicago, a unit of local government organized pursuant to the
provisions of the Metropolitan Water Reclamation District Act, hereinafter
sometimes referred to as Water Reclamation District or District. With
respect to those persons employed by the Retirement Board, the Retirement
Board is the Employer.
(Source: P.A. 87-794.)
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(40 ILCS 5/13-204) (from Ch. 108 1/2, par. 13-204)
Sec. 13-204.
"Employee":
(a) Any employee of the Water Reclamation
District appointed to the classified civil service under the Metropolitan
Water Reclamation District Act or any employee exempt from civil service
under that Act, including any person absent from such position due to
assignment to any other position of employment for the District; (b) any
temporary employee of the District; (c) all appointed officers or acting
officers of the District; (d) any employee of the Retirement Board; and (e)
any member of the Board of Commissioners of the District who elects to
participate in the Fund within 90 days after becoming a member.
No person shall be an employee hereunder whose duties will not ordinarily
permit 120 days of service during one calendar year.
A member of the Civil Service Board of the District who is first appointed
to that office on or after the effective date of this amendatory Act of 1997
is not, by virtue of holding that office, an "employee" for the purposes of
this Article.
(Source: P.A. 90-12, eff. 6-13-97.)
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(40 ILCS 5/13-205) (from Ch. 108 1/2, par. 13-205)
Sec. 13-205.
"Retirement Board" or "Board":
The Board of Trustees of
the Metropolitan Water Reclamation District Retirement Fund.
(Source: P.A. 87-794.)
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