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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
PENSIONS (40 ILCS 5/) Illinois Pension Code. 40 ILCS 5/18-148
(40 ILCS 5/18-148) (from Ch. 108 1/2, par. 18-148)
Sec. 18-148.
To accept gifts.
To accept any gift, grant or bequest of any money or securities for the
purpose designated by the grantor, if such purpose is specified as
providing cash benefits for some or all of the participants or annuitants
of the system, or if no such purpose is designated, for the purpose of
reducing the costs of the State for providing benefits.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/18-149
(40 ILCS 5/18-149) (from Ch. 108 1/2, par. 18-149)
Sec. 18-149.
To submit individual statements.
To submit an individual statement to a participating judge upon his or
her request, showing the accumulations to his or her credit as of the latest
practicable date.
(Source: P.A. 83-1440.)
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40 ILCS 5/18-150
(40 ILCS 5/18-150) (from Ch. 108 1/2, par. 18-150)
Sec. 18-150.
To make rules.
To establish rules and regulations consistent
with this Article and deemed necessary for the
administration of the system, and to generally carry on any other reasonable
activities to accomplish the intent
of this Article.
(Source: P.A. 83-1440.)
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40 ILCS 5/18-151
(40 ILCS 5/18-151) (from Ch. 108 1/2, par. 18-151)
Sec. 18-151.
Duties of secretary.
The secretary shall be in charge of the administration of the
detailed affairs of the system and, in addition to such other powers and
duties delegated by the board, shall:
(1) collect and record the receipt of all payments to the system,
including participants' contributions, State contributions, interest and
principal collections on investments as the same become due and payable,
and other income accruing to the system, and immediately deposit them
with the State Treasurer for its account;
(2) sign vouchers requesting the State Comptroller to draw warrants
upon the State Treasurer in accordance with resolutions of the Board
authorizing payments of benefits, refunds and expenses from the funds of
the system.
(3) certify to each employer the names of the persons from
whose salary deductions
are to be made and the amounts or rates of such deductions.
(Source: P.A. 83-1440.)
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40 ILCS 5/18-152
(40 ILCS 5/18-152) (from Ch. 108 1/2, par. 18-152)
Sec. 18-152. Duties of actuary. The actuary shall be the technical advisor of the Board and, in addition
to supplying general information on technical matters, shall:
(1) make a general investigation at least once every | | 3 years of the mortality, retirement, disability, separation, interest and employee earnings rates and recommend, as a result thereof, the tables to be adopted for all required actuarial calculations; and
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(2) make an annual valuation of the liabilities and
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(Source: P.A. 99-232, eff. 8-3-15.)
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40 ILCS 5/18-153
(40 ILCS 5/18-153) (from Ch. 108 1/2, par. 18-153)
Sec. 18-153.
Duties of Treasurer.
The Treasurer of the State of Illinois shall be ex-officio the
Treasurer of the System and shall:
(1) act as official custodian of the cash and securities of the
system, provide adequate safe deposit facilities for the preservation of
such securities, and hold such cash and securities subject to the order
of the board;
(2) receive from the secretary all items of cash belonging to the
system, as the same are transmitted by the secretary, including participants'
contributions, State contributions, interest and principal
on investments and other income accruing to the system, deposit all such
amounts in a special trust fund for the account of this system, and
notify the board of all such transactions at least once each month;
(3) make payments for purposes specified in this Article upon
warrants or direct deposit transmittals of the State Comptroller issued
in accordance with vouchers signed by the secretary pursuant to resolutions of the board;
(4) furnish a corporate surety bond acceptable to the board of such
amount as the board designates. The bond shall indemnify the board
against any loss which may result from any action or failure to act on
the part of the Treasurer or any of his or her agents. All reasonable charges
incidental to the procuring of the bond shall be paid by the board.
Any cash accruing to the special trust fund representing the system not
required for current expenditures shall be transferred to the
Illinois State Board of Investment for purposes of investment.
Until such transfer is made, those funds shall be invested temporarily by
the Treasurer on behalf of the system and interest earned thereon shall be
credited to the trust fund of the system.
(Source: P.A. 86-273.)
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40 ILCS 5/18-154
(40 ILCS 5/18-154) (from Ch. 108 1/2, par. 18-154)
Sec. 18-154.
Duties of State Comptroller.
The State Comptroller in drawing warrants for salary on payroll
vouchers certified by an employer shall draw such warrants for the salary
specified, less the employee contribution
to be deducted therefrom as certified in the payroll vouchers, and shall
draw a warrant to this system for the total of the
employee contributions so withheld. The warrant drawn to the system, together
with the additional copy of the payroll supplied by the employer, shall
be transmitted immediately to the secretary of the board.
The Comptroller shall draw warrants or prepare direct deposit transmittals
upon the State Treasurer payable
from the funds of this system for purposes provided in this Article
upon the presentation of vouchers approved by the secretary in
accordance with the resolutions of the board, and
in the exercise of the investment authority, upon presentation of
vouchers approved by the director of the Illinois State Board of
Investment in accordance with the order and direction of said board.
(Source: P.A. 83-1440.)
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40 ILCS 5/18-155
(40 ILCS 5/18-155) (from Ch. 108 1/2, par. 18-155)
Sec. 18-155.
Duties of employers.
Each employer, in preparing payroll vouchers shall indicate, in addition
to other things: (1) the amount of contributions specified to be deducted
from the salary or wages of each participant included in the
voucher; (2) the net amount payable to each participant after
the deduction of such contribution; and (3) the total of all
participant contributions so deducted. An additional certified
copy of each payroll
voucher certified by the State shall be prepared and forwarded together
with the original payroll voucher to the State Comptroller for
transmittal to the board.
Each employer other than the State, in drawing warrants for items of
salary payable to participants, shall draw such warrants for the
salary specified less the participant contribution to be
deducted therefrom as
certified in the payroll vouchers and shall draw a warrant to this
system for the total of the participant contributions so
withheld. The warrant drawn to the system, together with the
additional copy of the payroll supplied by the employer, shall be
transmitted immediately to the secretary of the board.
(Source: P.A. 83-1440.)
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40 ILCS 5/18-156
(40 ILCS 5/18-156) (from Ch. 108 1/2, par. 18-156)
Sec. 18-156.
Effect of participation.
Each participating judge, by virtue
of the payment of the employee contributions required to be paid to this
system, has a vested interest in the refunds provided
under this Article and, in consideration of that interest, authorizes
the deductions from salary
of all contributions payable to this system under this Article.
Payment of salary as prescribed by law or as contracted by an
employer, less the amounts of contributions provided in this Article,
shall, together with such special vested rights in the refunds, be a
full and complete discharge of all claims of
payments for service rendered by a judge during the period covered by any such payment.
(Source: P.A. 83-1440.)
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40 ILCS 5/18-157
(40 ILCS 5/18-157) (from Ch. 108 1/2, par. 18-157)
Sec. 18-157.
Retirement Systems Reciprocal Act.
The "Retirement Systems Reciprocal Act", being Article 20 of this Code,
is adopted and made a part of
this Article; provided that Section 20-131 shall not apply to this system.
(Source: P.A. 83-1440.)
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40 ILCS 5/18-158
(40 ILCS 5/18-158) (from Ch. 108 1/2, par. 18-158)
Sec. 18-158.
No compensation.
Trustees shall serve without compensation, but shall be reimbursed for
any reasonable traveling expenses incurred in attending meetings of the
board.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/18-159
(40 ILCS 5/18-159) (from Ch. 108 1/2, par. 18-159)
Sec. 18-159.
No gain or profit on investments.
No trustee or employee of the board shall have any direct interest in
the income, gains or profits of any investments made in behalf of the
system nor receive any pay or emolument
for services in connection with any
investment. No such trustee or employee shall become an endorser or surety,
or in any manner an obligor for money loaned or borrowed from the system.
Whoever violates any of the provisions of this Section is guilty of a petty
offense.
(Source: P.A. 83-1440.)
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40 ILCS 5/18-160
(40 ILCS 5/18-160) (from Ch. 108 1/2, par. 18-160)
Sec. 18-160.
Undivided interests.
The assets of the system shall be invested as one fund, and no person,
group of persons, or entity shall have any right in any specific security
or property, or in any item of cash, other than an undivided interest in
the whole.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/18-161
(40 ILCS 5/18-161) (from Ch. 108 1/2, par. 18-161)
Sec. 18-161.
Annuities, etc.
- exempt.
Except as provided in this Article, all moneys in the fund created by
this Article, and all securities and other property of the System, and
all annuities and other benefits payable under this Article, and all
accumulated contributions and other credits of participants in this
System, and the right of any person to receive an annuity or other benefit
under this Article, or a refund or return of contributions, shall not be
subject to judgment, execution, garnishment, attachment, or other seizure
by process, in bankruptcy or otherwise, nor to sale, pledge, mortgage or
other alienation, and shall not be assignable. A person receiving an
annuity or benefit, or refund or return of contributions, may authorize
withholding from such annuity, benefit, refund or return of contributions
in accordance with the provisions of the "State Salary and Annuity
Withholding Act", approved August 21, 1961, as now or hereafter amended.
The General Assembly finds and declares that the amendment to this
Section made by this amendatory Act of 1989 is a clarification of existing
law, and an indication of its previous intent in enacting and amending this
Section. Notwithstanding Section 1-103.1, application of this amendment
shall not be limited to persons in service on or after the effective date
of this amendatory Act of 1989.
(Source: P.A. 86-273 .)
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40 ILCS 5/18-162
(40 ILCS 5/18-162) (from Ch. 108 1/2, par. 18-162)
Sec. 18-162.
Fraud.
Any person who knowingly makes any false statement, or falsifies or
permits to be falsified any record of this system, in any attempt to
defraud the system, is guilty of a Class A misdemeanor.
(Source: P.A. 77-2830.)
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40 ILCS 5/18-162.1 (40 ILCS 5/18-162.1) Sec. 18-162.1. Mistake in benefit. If the System mistakenly sets any benefit at an incorrect amount, it shall recalculate the benefit as soon as may be practicable after the mistake is discovered. If the benefit was mistakenly set too low, the System shall make a lump sum payment to the recipient of an amount equal to the difference between the benefits that should have been paid and those actually paid. If the benefit was mistakenly set too high, the System may recover the amount overpaid from the recipient thereof, either directly or by deducting such amount from the remaining benefits payable to the recipient. However, if (1) the amount of the benefit was mistakenly set too high, and (2) the error was undiscovered for 3 years or longer, and (3) the error was not the result of incorrect information supplied by the affected member or beneficiary, then upon discovery of the mistake the benefit shall be adjusted to the correct level, but the recipient of the benefit need not repay to the System the excess amounts received in error. This Section applies to all mistakes in benefit calculations that occur before, on, or after the effective date of this amendatory Act of the 98th General Assembly.
(Source: P.A. 98-1117, eff. 8-26-14.) |
40 ILCS 5/18-163
(40 ILCS 5/18-163) (from Ch. 108 1/2, par. 18-163)
Sec. 18-163. Felony conviction. None of the benefits herein provided shall be paid to any person who is
convicted of any felony relating to or arising out of or in connection with
his or her service as a judge.
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 judge from whom the benefit results. This Section shall not operate to impair any contract or vested right acquired
before July 9, 1955 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 participants entering service subsequent to
July 9, 1955 are deemed to have consented to the provisions
of this Section as a condition
of participation, 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 5/18-164
(40 ILCS 5/18-164) (from Ch. 108 1/2, par. 18-164)
Sec. 18-164.
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 board provided for
under this Article. The term "administrative decision" is defined as in
Section 3-101 of the Code of Civil Procedure.
(Source: P.A. 82-783.)
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40 ILCS 5/18-165
(40 ILCS 5/18-165) (from Ch. 108 1/2, par. 18-165)
Sec. 18-165.
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 5/18-168
(40 ILCS 5/18-168) (from Ch. 108 1/2, par. 18-168)
Sec. 18-168.
Savings clause.
The repeal or amendment of any Section
or provision of this Article by Public Act 83-1440 shall not affect or impair
any pensions, benefits, rights or credits accrued or in effect prior thereto.
(Source: P.A. 87-1265.)
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40 ILCS 5/18-169 (40 ILCS 5/18-169)
Sec. 18-169. 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 94th 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 System of additional funding at least sufficient to fund the resulting annual increase in cost to the System as it accrues. Every new benefit increase is contingent upon the General Assembly providing the additional funding required under this subsection. The Commission on Government Forecasting and Accountability shall analyze whether adequate additional funding has been provided for the new benefit increase and shall report its analysis to the Public Pension Division of the Department of Insurance. A new benefit increase created by a Public Act that does not include the additional funding required under this subsection is null and void. If the Public Pension Division determines that the additional funding provided for a new benefit increase under this subsection 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.
(d) Every new benefit increase shall expire 5 years after its effective date or on such earlier date as may be specified in the language enacting the new benefit increase or provided under subsection (c). This does not prevent the General Assembly from extending or re-creating a new benefit increase by law. (e) Except as otherwise provided in the language creating the new benefit increase, a new benefit increase that expires under this Section continues to apply to persons who applied and qualified for the affected benefit while the new benefit increase was in effect and to the affected beneficiaries and alternate payees of such persons, but does not apply to any other person, including without limitation a person who continues in service after the expiration date and did not apply and qualify for the affected benefit while the new benefit increase was in effect.
(Source: P.A. 103-426, eff. 8-4-23.) |
40 ILCS 5/18-170 (40 ILCS 5/18-170) Sec. 18-170. Termination of plan. Upon plan termination, a participant's interest in the pension fund will be nonforfeitable.
(Source: P.A. 98-1117, eff. 8-26-14.) |
40 ILCS 5/Art. 19
(40 ILCS 5/Art. 19 heading)
ARTICLE 19.
CLOSED FUNDS
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40 ILCS 5/Art. 19 Div. 1
(40 ILCS 5/Art. 19 Div. 1 heading)
DIVISION 1.
HOUSE OF CORRECTION
EMPLOYEES' PENSION FUND
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40 ILCS 5/19-101
(40 ILCS 5/19-101) (from Ch. 108 1/2, par. 19-101)
Sec. 19-101.
House of correction employees' pension fund created-"Salary"
defined.
The board of inspectors of the various houses of correction, organized
under "An Act to authorize cities to establish houses of correction and
farm colonies within the corporate limits and outside of the corporate
limits within the same county and authorize the confinement of convicted
persons therein", approved April 25, 1871 and maintained thereunder in
cities having a population exceeding 150,000 inhabitants, shall have power,
and it shall be its duty to create a house of correction employees' pension
fund which shall consist of 6% of the salary or wages of the employee,
together with an additional 2% of the salary or wages of male employees,
deducted in equal monthly installments from such salaries or wages at the
regular time or times of the payment thereof, and the net earnings of the
commissary maintained and operated in the house of correction, together
with the proceeds of the tax levy hereinafter provided. The number and
compensation of all employees in such commissary and the use and
disposition of all the funds thereof shall be approved by the board of
trustees of such pension fund.
The word "salary" as used in this section shall mean actual salary but
not to exceed the amount equal to actual salary paid to a Class A guard, as
classified by the Civil Service Commission in Grade 3.
(Source: Laws 1965, p. 935.)
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40 ILCS 5/19-102
(40 ILCS 5/19-102) (from Ch. 108 1/2, par. 19-102)
Sec. 19-102.
The 1911 Act.
For the purposes of this Division the term "The 1911 Act" means "An Act
to provide for the setting apart, formation and disbursement of a house of
correction employees pension fund in cities having a population exceeding
150,000 inhabitants", approved June 10, 1911, as amended.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/19-103
(40 ILCS 5/19-103) (from Ch. 108 1/2, par. 19-103)
Sec. 19-103.
Ineligibility for benefits.
Notwithstanding any other provision of this Division, none of the
benefits herein provided for 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.
This section shall not operate to impair any contract or vested right
acquired prior to July 11, 1955, under "The 1911 Act" nor to preclude the
right to a refund.
All future entrants shall be deemed to have consented to the provisions
of this section as a condition of coverage.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/19-104
(40 ILCS 5/19-104) (from Ch. 108 1/2, par. 19-104)
Sec. 19-104.
Tax levy - disposition of revenue collected - tax
anticipation warrants.
It shall be lawful for any such city to levy a tax upon all taxable
property in such city of not more than .0009 per cent of the value, as
equalized or assessed by the Department of Revenue, of
all taxable property in such city, for the purpose of providing revenue
for the pension fund herein provided for.
For such purpose, the city council of such city shall levy such a tax
annually upon all taxable property in such city at the aforementioned
rate. The tax shall be levied and collected in like manner with the
general taxes of such city, beginning with the first such levy made
subsequent to January 1, 1946, and shall be in addition to all other
taxes which such city is now or may hereafter be authorized to levy on
the aggregate valuation of all taxable property within such city, and
shall be exclusive of and in addition to the amount of tax such city is
now or may hereafter be authorized to levy for general purposes under
and by virtue of any law or laws which limit the amount of tax which
such city may levy for general purposes. The County Clerk of the county
in which such city is located, in reducing tax levies under the
provisions of any Act concerning the levy and extension of taxes, shall
not consider any such tax levied pursuant to this Division as part of
the general tax levy for city purposes, and shall not include the same
in any limitation of the per cent of the assessed valuation upon which
taxes are required to be extended.
The amount of the tax to be levied in each year shall be certified to
the city council of such city by the board of trustees of said pension
fund.
As soon as any revenue derived from the tax shall be collected, the
same shall be paid to the city treasurer of such city and shall be held
by such city treasurer for the benefit of the pension fund herein
provided for, and all such revenue shall be paid into the pension fund.
If the funds available for the purposes of this Division shall be
insufficient during any year to meet the requirements of this Division,
such city may issue tax anticipation warrants, as provided by law
against the tax levy herein provided for, for the current fiscal year.
(Source: P.A. 81-1509.)
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40 ILCS 5/19-105
(40 ILCS 5/19-105) (from Ch. 108 1/2, par. 19-105)
Sec. 19-105.
Term "employee" defined-withdrawal-refund-death.
The term "employee" under this Division, shall include all persons in
the employ of any such house of correction under and by virtue of an Act
entitled "An Act to regulate civil service of cities", approved and in
force March 20, 1895 and for those who were appointed prior to the
passage of such Act and who were in the service of such house of correction
July 1, 1911.
The term "employee" shall also include any person in the employ of such
house of correction who passed the civil service examination, but such
person shall not be eligible to any benefits under this Division until 2
years from the date of becoming a contributor; provided, however, that the
provisions of this Division shall not apply to temporary or probationary
employees, nor to those defined as "60-day employees", nor to any employee
who was 50 or more years of age at the time "The 1911 Act" came in force
and effect and who at said time had not been in the service of such house
of correction for at least 10 years; nor to any employee who shall enter
the service of such house of correction after January 1, 1954; and,
provided, further, that this Division shall apply only to those employees
who voluntarily accept and agree to comply with its provisions.
Any employee on sick leave or leave of absence from such house of
correction who has contributed to said pension fund, will be considered a
member of said pension fund, and will be entitled to all benefits and
annuities under this Division, while he or she remains on said sick leave
or leave of absence from said house of correction: Provided, the said
employee does not take employment other than at such house of correction
while on sick leave or leave of absence from such house of correction, and
if said employee goes to work at employment other than at such house of
correction while on said sick leave or leave of absence, from such house of
correction, he or she will not be considered an employee of such house of
correction, and will not be entitled to any benefits under this Division:
And, provided, further, that any woman employee contributing to said
pension fund, who marries and then takes a leave of absence for reasons
other than sickness of self, will not be entitled to any benefits or
annuities under this Division, while on such leave of absence, unless she
is employed at least 3 months of each year at such house of correction.
Any employee, a part of whose salary may be set apart hereafter to
provide for such fund, shall be released from the necessity of making
further payments to said fund by filing a written notice of his or her
desire to withdraw from complying with the provisions of this Division,
with the board of trustees hereinafter mentioned, which resignation shall
operate and go into effect immediately upon its receipt by said board of
trustees.
Any employee who has contributed to the said fund who shall be dismissed
or resigned from the service of said house of correction, may, upon
application made, receive the total amount paid into said fund by such
person so dismissed or resigned. If an employee dies after having
contributed to said fund his nearest heir or heirs according to the law of
descent in Illinois may, upon application made after said employee's death,
receive the total amount paid into said fund by each deceased employee less
the amount or amounts paid to him and/or his widow or children in the form
of annuity.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/19-106
(40 ILCS 5/19-106) (from Ch. 108 1/2, par. 19-106)
Sec. 19-106.
Custodian of fund-duty-bond-where filed.
The city treasurer, subject to the control and direction of the board of
trustees hereinafter mentioned, shall be the custodian of said pension fund
and shall secure and safely keep same and shall keep books and accounts
concerning said funds in such manner as may be prescribed by said board of
trustees, which said books and accounts shall always be subject to the
inspection of said board of trustees, or any member thereof.
The city treasurer shall within 10 days after his election or
appointment, execute a bond to the city, with good and sufficient
securities, in such penal sum as the said board of trustees shall direct,
and shall be conditioned for the faithful performance of the duties of said
office, and that he will safely keep and well and truly account for all
moneys belonging to said pension fund, and all interest thereon, which may
come into his hands, as such treasurer, and on the expiration of his term
of office, or upon his retirement therefrom for any cause, he will
surrender and deliver over to his successor all unexpended moneys, with
such interest as he may have received thereon, and all property which may
come into his hands as treasurer of said pension fund.
Such bond shall be filed in the office of the city clerk of said city
for the use of said board of trustees, or any person or persons injured by
such breach.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/19-107
(40 ILCS 5/19-107) (from Ch. 108 1/2, par. 19-107)
Sec. 19-107.
Board of trustees-powers-custodian of funds.
The board of inspectors of any such house of correction shall, in the
month of September immediately following the date of "The 1911 Act" going
into effect, arrange for the election of a board of trustees of said
pension fund composed of 7 members to be chosen as hereinafter provided,
which election shall be held not later than 2 months after "The 1911 Act"
goes into effect. The same board of trustees shall have power, and it shall
be its duty to administer said fund and to carry out the provisions of this
Division for the purpose of enabling such board of trustees to perform the
duties imposed and exercise the powers created by this Division. The board
of trustees shall be and is hereby created a body politic and corporate,
and said board of trustees may invest the accumulation of said funds in the
government, State, county or municipal bonds, and the city treasurer shall
be the custodian of said securities.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/19-108
(40 ILCS 5/19-108) (from Ch. 108 1/2, par. 19-108)
Sec. 19-108.
Board, how composed-Term.
The said board of trustees shall consist of the chairman of the board of
inspectors and the superintendent of the house of correction, four
employees contributing to the fund and one member from the beneficiaries.
The chairman of said board of inspectors and the superintendent of the
house of correction shall be ex-officio members of such board of trustees,
and the 5 other members of such board of trustees shall be elected by
ballot, the members of the contributors to be elected by the employees
contributing to said fund at the time and for the terms respectively as
follows:
At the first election the contributors to the said fund shall elect 1 of
their number to serve for the term of 4 years, 1 for a term of 3 years, 1
for a term of 2 years and 1 of their number for the term of 1 year, and
annually thereafter said contributors shall elect 1 of their number to hold
office for the term of 4 years. Provided, that in such cities prior to July
1, 1937, the contributors shall, at the expiration of the term of office in
1937 of the member elected by them, elect 3 members for terms of 2, 3 and 4
years respectively, and annually thereafter, as the term of a member
expires, a successor shall be elected for a term of 4 years. At each
election the beneficiaries shall elect 1 of their number to serve as a
member of such board of trustees for a term of 1 year. And in case the
beneficiary or beneficiaries be a child or children the guardian of such
child or children may cast the votes to which such child or children may be
entitled.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/19-109
(40 ILCS 5/19-109) (from Ch. 108 1/2, par. 19-109)
Sec. 19-109.
Membership on board ceases, when - Vacancies - Powers and
duties - Amount of annuities.
Whenever any elective member of the board of trustees shall cease to be
in the employ of or to be a member of the board of inspectors of the house
of correction, or a beneficiary of the house of correction employees' fund,
his or her membership in the board of trustees shall cease. All vacancies
in the board of trustees shall be filled by a ballot as aforesaid.
The board of trustees shall have power and it shall be its duty:
1. To make all payments from the pension fund pursuant to the provisions
of this Division.
2. To administer and invest, to purchase, hold, sell or assign and
transfer any part of the pension fund remaining in the hands of the
treasurer or any of the securities in which the fund, or any part thereof,
may be invested.
3. To pay all necessary expenses in connection with the administration
of the fund and in carrying out the provisions of this Division for which
provisions are not otherwise made.
4. To take by gift, grant or bequest, or otherwise, any money or
property of any kind and hold the same for the benefit of the fund.
5. To make and establish all such rules for the transactions of its
business and such other rules, regulations and bylaws as may be necessary
for the proper administration of the fund committed to its charge, and the
performance of the duties imposed upon it.
6. To see that there is no restitution of deductions from salaries after
the contributor has become eligible to an annuity under this Division.
7. It shall keep full and complete records of its meetings and of the
receipts and disbursements on account of such fund, and also a complete
list of all contributors to the fund, and of all annuitants receiving
benefits therefrom, and such other records as in its judgment shall seem
necessary and shall make and publish annually a full and complete statement
of its financial transactions.
8. The board shall hear and determine all applications for benefits
given under this Division, on account of disability and shall have power to
suspend any annuity given on account of disability whenever in its judgment
the disability of the beneficiary has ceased, or for any other good cause.
9. Any contributor to the fund who is at least 55 years of age and who
has been in the service of the house of correction for a period of 25
years, and has contributed to the fund for the same period, shall have the
right to retire and become a beneficiary under this Division as follows:
Any such contributor who retires and becomes a beneficiary of this fund
after July 1, 1951, shall receive a benefit or annuity of 40% of salary per
annum; provided, if such contributor remains in the service until he serves
30 years or attains an age of 60 years, he shall receive a benefit or
annuity of 45% of salary; and provided further if such contributor remains
in the service until he serves 35 years or attains an age of 65 years, the
amount of such benefit shall be 50% of salary, as defined in this Division.
The annuities are to be paid in equal monthly installments, and in case of
insufficient funds in the treasury, the treasurer shall be empowered to pay
to the beneficiaries a pro rata amount of the sum in the treasury, such pro
rata amount to be divided equally among the beneficiaries entitled to the
same.
Any contributor to the fund who has been in the service of the house of
correction for a period of more than 10 years but less than 25 years and
has contributed to the fund during his entire period of service shall have
a right to receive from this fund after the attainment of age 55 years an
annuity of an amount equal to 1/15 of the amount he would have received had
he remained a contributor to this fund until he had been in the service for
25 years, for each year of service over 10 years; provided, however, that
service for a period of 8 months in any 1 calendar year shall be considered
as a year of service for that year.
Any male contributor to this fund who retires on annuity and at that
time is single and does not have a child or children under the age of 18
years, shall be entitled to receive a refund of the additional 2% which he
has contributed to this fund from and after the effective date of this
Amendatory Act.
(Source: Laws 1965, p. 937 .)
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40 ILCS 5/19-110
(40 ILCS 5/19-110) (from Ch. 108 1/2, par. 19-110)
Sec. 19-110.
Annuity payments.
Upon the death of any contributor or any beneficiary who before becoming
a beneficiary contributed to said fund for at least 2 years the said board
of trustees shall pay, as hereinafter provided, an annuity not to exceed
$75.00 per month to the widow as long as she remains unmarried: Provided if
at the time of his death such contributor shall have been in the service of
the house of correction for a period of 15 or more years, the board of
trustees shall pay as hereinafter provided an annuity of $125.00 a month to
such widow as long as she remains unmarried; provided she was the wife of
such contributor or beneficiary during the period of time he was an
employee of the house of correction and a contributor to this fund and had
been his wife 2 years before his death, and if there is no widow eligible
to receive such benefits, said board of trustees shall pay such annuity to
the child or children of such deceased contributor or beneficiary, until
such time as the youngest child shall reach the age 18 years. If there be
no widow or child or children eligible, and there is a dependent parent or
parents of the deceased contributor or beneficiary, such dependent parent
or parents may be paid the sum of $25.00 per month upon their furnishing
proof satisfactory to the board of trustees of their dependency upon the
deceased contributor;
Provided, further, that upon the death of any contributor or beneficiary
no annuity shall be paid to the widow, child or children or dependent
parent or parents unless such contributor or beneficiary shall have been in
the service of the house of correction for a period of at least 2 years,
and shall have contributed to said fund for the same period: 50% of the
maximum annuity shall be paid as hereinabove provided if the death of such
contributor or beneficiary occurs before the deceased contributor or
beneficiary shall have served 10 years as an employee of the house of
correction; and the maximum annuity shall be paid, as hereinabove provided,
if the death of such contributor or beneficiary occurs within or after the
11th year next after such contributor or beneficiary became an employee.
(Source: Laws 1965, p. 937.)
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40 ILCS 5/19-111
(40 ILCS 5/19-111) (from Ch. 108 1/2, par. 19-111)
Sec. 19-111.
Retirement after ten years-Notice to board.
Any person who is at least 55 years of age and who has been an employee
of said house of correction for a period of 10 years or more and has
contributed to said fund for a period of not less than the full term of
service, or shall pay into the fund the amount of money such person would
have paid had contributions been made by him at the prevailing rate from
the first day of his employment, together with interest at 4% on each such
contribution from the time it should have been paid until it was paid, may
retire from the service of said house of correction upon 60 days notice, to
be given to said board of trustees (unless such notice is waived by said
board of trustees) and become an annuitant under this Division.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/19-112
(40 ILCS 5/19-112) (from Ch. 108 1/2, par. 19-112)
Sec. 19-112.
Temporary employees-Certification and appointment to permanent
position.
Any person who is certified and appointed to a position as an employee
of the house of correction, as employee is defined in this Division, who
has served as an employee of the house of correction by virtue of temporary
appointment prior to such certification and appointment, shall have the
right to have credited to such employee for pension and widow's pension
purposes the period of time such employee served in such position by virtue
of temporary appointment, upon such employee paying into the house of
correction employees' pension fund such amount of money as he would have
paid into such pension fund had he been a member of such pension fund
during such period of temporary employment, together with interest at the
rate of 4% per annum upon each such payment from the time such payment
would have been made had he been a participant in the fund, until such
payment is made; provided, however, such right to receive credit must be
exercised by such employee on or before July 1, 1952, or within 3 years
after the date of his appointment and certification, whichever is the later
date.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/19-113
(40 ILCS 5/19-113) (from Ch. 108 1/2, par. 19-113)
Sec. 19-113.
Retirement account of disability.
Any person who has contributed to said fund for a period of 3 years or
more may retire from the service of said house of correction on account of
serious disability rendering him or her unable to properly discharge his or
her duties. If such disability is incurred as the result of the performance
of any act or acts of duty, such disabled person shall be entitled to
receive an amount equal to 75% of salary as salary is defined in Section
19-101 of this Division, until such person shall recover from such
disability or shall attain an age of 65 years, at which time he shall
retire from the service and be entitled to receive a pension as provided
for in Section 19-109 of this Division. If such disability shall not be
the result of the performance of an act or acts of duty, and is not due to
alcoholism or pregnancy, such person shall be entitled to receive ordinary
disability pension in the amount of 44% of said contributor's salary per
month for a period of time equal to 1/2 of his period of service, but not
to exceed 5 years.
Neither duty disability pension nor ordinary disability pension shall be
paid to any contributor to this fund after such contributor has attained
the age of 65 years; provided, however, that any person in receipt of
ordinary disability pension or duty disability pension from this fund, if
he shall still be disabled upon attainment of age 65 and shall have a
period of service of 10 years or more (which period of service shall
consist of actual service plus the period of time such person received
disability pension,) shall be retired upon the annuity provided for in
Section 19-109 of this Division.
In the event any person receiving ordinary disability pension shall
continue to be disabled after the expiration of the period of time for
which he shall be entitled to receive disability pension, and before the
attainment by such person of the age of 55 years, such person shall be
entitled to retire upon the annuity provided for in Section 19-109 of this
Division as though such disabled person had attained 55 years of age;
provided, if such annuity shall be less than $300 per year, the employee
concerned may, at his option, in lieu of such annuity, withdraw the
contributions he shall have made to the fund together with the interest
thereon. Such disabled person must be found to be disabled and unable to
discharge the duties of his position upon an examination made by a
physician appointed by the board of trustees. During the period any person
is in receipt of ordinary disability pension, such person shall continue to
make the contributions provided under Section 19-101 of this Division.
When such disabled person shall have recovered from such disability he or
she shall be removed from the disability roll and shall be restored to his
or her position in the service.
(Source: Laws 1963, p. 161 .)
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40 ILCS 5/19-114
(40 ILCS 5/19-114) (from Ch. 108 1/2, par. 19-114)
Sec. 19-114.
Certificate of disability.
No contributor shall receive any benefit from said fund on account of
disability unless there be filed with the board of trustees of the fund a
certificate of his disability which certificate shall be subscribed and
sworn to by the house of correction physician (if there be one) and one
practicing physician of the city where such house of correction is located.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/19-115
(40 ILCS 5/19-115) (from Ch. 108 1/2, par. 19-115)
Sec. 19-115. Marriage of beneficiary.
When any contributor to said fund, who has been in the service of the
house of correction for a period of 20 years, has contributed to said fund
for the same period and has retired and become a beneficiary under "The
1911 Act" or this Division, shall then marry, such wife of such marriage
shall after his death receive no benefit nor annuity from said fund.
Any widow or child or children receiving benefits or annuities, under
"The 1911 Act", shall continue to receive such benefits or annuities, which
shall be increased from $480 per year to not more than $720 per year and
paid in accordance with the provisions of Section 19-110 of this Division.
The term "child" or "children" under this Division shall not include
adopted child or children, nor shall it include a stepchild or stepchildren
of any contributor to aforesaid pension fund.
(Source: P.A. 95-279, eff. 1-1-08.)
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40 ILCS 5/19-116
(40 ILCS 5/19-116) (from Ch. 108 1/2, par. 19-116)
Sec. 19-116.
Deductions certified monthly to treasurer.
The chairman of the board of inspectors and the superintendent of the
house of correction shall certify monthly to the treasurer all amounts
deducted in accordance with the provisions of this Division from the
salaries paid by the house of correction, which amounts, as well as all
other sums contributed to said fund under the provisions of this Division,
shall be set apart and held by said treasurer for the purpose hereinbefore
specified, subject to the order of said board of trustees and shall be paid
out upon warrants signed by the president and secretary of said board of
trustees.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/19-117
(40 ILCS 5/19-117) (from Ch. 108 1/2, par. 19-117)
Sec. 19-117.
Exemptions-Assignments.
All annuities granted under the provisions of this Division shall be
exempt from attachment and garnishment process and no annuitant shall have
the right to transfer or assign his or her annuity either by way of
mortgage or otherwise.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/19-118
(40 ILCS 5/19-118) (from Ch. 108 1/2, par. 19-118)
Sec. 19-118.
Interference with enforcement-Penalties-Repeal.
Any person who shall directly or indirectly avoid or seek to avoid any
or all the provisions of this Division, or shall directly or indirectly
interfere with, or obstruct the enforcement of any of the provisions of
this Division, shall be guilty of a Class B misdemeanor.
This law shall take preference over all other laws and all laws and
parts of laws which are inconsistent with this Division or any provisions
hereof are hereby repealed.
(Source: P.A. 77-2560.)
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40 ILCS 5/19-119
(40 ILCS 5/19-119) (from Ch. 108 1/2, par. 19-119)
Sec. 19-119.
General provisions and savings clause.
The provisions of Article 1 and Article 23 of this Code apply to this
Division as though such provisions were fully set forth in this Division as
a part thereof.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/19-120
(40 ILCS 5/19-120) (from Ch. 108 1/2, par. 19-120)
Sec. 19-120.
House of Correction Employees' Pension Fund superseded.
Any House of Correction Employees' Pension Fund in operation on December
31, 1968, in a city having a population exceeding 150,000 inhabitants, by
virtue of and under the provisions of this Article 19, Division 1, Sec.
19-101 to 19-119, both inclusive, of the "Illinois Pension Code",
approved March 18, 1963, as amended, shall be superseded by and merged,
effective and as of January 1, 1969, into the fund in operation in such
city for municipal employees on such date under the provisions of and by
virtue of Article 8, Sec. 8-101 to 8-253, both inclusive, of the
"Illinois Pension Code", approved March 18, 1963, as amended.
On such January 1, 1969, or as soon as possible and practicable
thereafter, all monies, securities, assets, records, and other property of
such house of correction employees' pension fund shall be transferred by
the board of trustees of such fund to the custody and ownership of the
retirement board of the annuity and benefit fund, in operation in such city
under and by virtue of the provisions of the aforementioned Article 8 of
the "Illinois Pension Code", and such house of correction employees'
pension fund shall thereupon cease to exist as a separate fund.
The retirement board of the fund into which said house of correction
employees' pension fund is to be merged, shall assume all of the
liabilities of such superseded fund, and all annuities, pensions, refunds
and benefits allowed by the board of trustees of the superseded fund prior
to January 1, 1969, shall, from and after such date, be paid by the
retirement board in accordance with the law then applicable thereto, and if
allowed shall be paid from the fund superseding the house of correction
employees' pension fund.
(Source: Laws 1968, p. 179 .)
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