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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 5/18-127
(40 ILCS 5/18-127) (from Ch. 108 1/2, par. 18-127)
Sec. 18-127. Retirement annuity - suspension on reemployment.
(a) A participant receiving a retirement annuity who is regularly
employed for compensation by an employer other than a county, in any
capacity, shall have his or her retirement annuity payments suspended
during such employment. Upon termination of such employment, retirement
annuity payments at the previous rate shall be resumed.
If such a participant resumes service as a judge, he or she
shall receive credit for any additional service. Upon subsequent
retirement, his or her retirement annuity shall be the amount previously
granted, plus the amount earned by the additional judicial service under
the provisions in effect during the period of such additional service.
However, if the participant was receiving the maximum rate of annuity at
the time of re-employment, he or she may elect, in a written direction
filed with the board, not to receive any additional service credit during
the period of re-employment. In such case, contributions shall not be
required during the period of re-employment. Any such election shall be
irrevocable.
(b) Beginning January 1, 1991, any participant receiving a retirement
annuity who accepts temporary employment from an employer other than a
county for a period not exceeding 75 working days in any calendar year
shall not be deemed to be regularly employed for compensation or to have
resumed service as a judge for the purposes of this Article. A day shall
be considered a working day if the annuitant performs on it any of his
duties under the temporary employment agreement.
(c) Except as provided in subsection (a), beginning January 1, 1993,
retirement annuities shall not be subject to suspension upon resumption of
employment for an employer, and any retirement annuity that is then so
suspended shall be reinstated on that date.
(d) The changes made in this Section by this amendatory Act of 1993
shall apply to judges no longer in service on its effective date, as well as to
judges serving on or after that date.
(e) A participant receiving a retirement
annuity under this Article who serves as a part-time employee in any of the following positions: Legislative Inspector General, Special Legislative Inspector General, employee of the Office of the Legislative Inspector General, Executive Director of the Legislative Ethics Commission, or staff of the Legislative Ethics Commission, but has not elected to participate in the Article 14 System with respect to that service, shall not be deemed to be regularly employed for compensation by an employer other than a county, nor to have
resumed service as a judge, on the basis of that service, and the retirement annuity payments and other benefits of that person under this Code shall not be suspended, diminished, or otherwise impaired solely as a consequence of that service. This subsection (e) applies without regard to whether the person is in service as a judge under this Article on or after the effective date of this amendatory Act of the 93rd General Assembly. In this subsection, a "part-time employee" is a person who is not required to work at least 35 hours per week.
(f) A participant receiving a retirement annuity under this Article who has made an election under Section 1-123 and who is serving either as legal counsel in the Office of the Governor or as Chief Deputy Attorney General shall not be deemed to be regularly employed for compensation by an employer other than a county, nor to have resumed service as a judge, on the basis of that service, and the retirement annuity payments and other benefits of that person under this Code shall not be suspended, diminished, or otherwise impaired solely as a consequence of that service. This subsection (f) applies without regard to whether the person is in service as a judge under this Article on or after the effective date of this amendatory Act of the 93rd General Assembly.
(g) Notwithstanding any other provision of this Article, if a person who first becomes a participant under this System on or after January 1, 2011 (the effective date of this amendatory Act of the 96th General Assembly) is receiving a retirement annuity under this Article and becomes a member or participant under this Article or any other Article of this Code and is employed on a full-time basis, then the person's retirement annuity under this System shall be suspended during that employment. Upon termination of that employment, the person's retirement annuity shall resume and, if appropriate, be recalculated under the applicable provisions of this Article. (Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)
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40 ILCS 5/18-128
(40 ILCS 5/18-128) (from Ch. 108 1/2, par. 18-128)
Sec. 18-128. Survivor's annuities; Conditions for payment.
(a) A survivor's annuity shall be payable upon the death of a
participant while in service after June 30, 1967 if the participant had at
least 1 1/2 years of service credit as a judge, or upon death of an
inactive participant who had terminated service as a judge on or after June
30, 1967 with at least 10 years of service credit, or upon the death of an
annuitant whose retirement becomes effective after June 30, 1967.
(b) The surviving spouse of a deceased participant or annuitant is
entitled to a survivor's annuity beginning at the date of death if the
surviving spouse (1) has been married to the participant or annuitant for a
continuous period of at least one year immediately preceding the date of
death, and (2) has attained age 50, or, regardless of age, has in his or
her care an eligible child or children of the decedent as provided under
subsections (c) and (d) of this Section. If the surviving spouse has no
such child in his or her care and has not attained age 50, the survivor's
annuity shall begin upon attainment of age 50. When all such children of
the deceased who are in the care of the surviving spouse no longer qualify
for benefits and the surviving spouse is under 50 years of age, the
surviving spouse's annuity shall be suspended until he or she attains age 50.
(c) A child's annuity is payable for an unmarried child of an
annuitant or participant so long as the child is (i) under age 18,
(ii) under age 22 and a full time student, or (iii) age 18 or over
if dependent by reason of physical or mental disability. Disability means
inability to engage in any substantial gainful activity by reason of any
medically determinable physical or mental impairment which can expected to
result in death or which has lasted or can be expected to last for a
continuous period of not less than 12 months.
(d) (Blank).
(e) Remarriage prior to attainment of age 50 that occurs before the
effective date of this amendatory Act of the 91st General Assembly shall
disqualify a surviving spouse for the receipt of a survivor's annuity.
The change made to this subsection by this amendatory Act of the 91st
General Assembly applies without regard to whether the deceased judge was
in service on or after the effective date of this amendatory Act of the 91st
General Assembly.
(f) The changes made in survivor's annuity provisions by Public Act
82-306 shall apply to the survivors of a deceased participant or annuitant
whose death occurs on or after August 21, 1981 and whose service as a judge
terminates on or after July 1, 1967.
The provision of child's annuities for dependent students under age 22
by this amendatory Act of 1991 shall apply to all eligible students
beginning January 1, 1992, without regard to whether the deceased judge was
in service on or after the effective date of this amendatory Act.
(Source: P.A. 95-279, eff. 1-1-08.)
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40 ILCS 5/18-128.01
(40 ILCS 5/18-128.01) (from Ch. 108 1/2, par. 18-128.01)
Sec. 18-128.01. Amount of survivor's annuity.
(a) Upon the death of
an annuitant, his or her surviving spouse shall be entitled to a survivor's
annuity of 66 2/3% of the annuity the annuitant was receiving immediately
prior to his or her death, inclusive of annual increases in the retirement
annuity to the date of death.
(b) Upon the death of an active participant, his or her surviving spouse
shall receive a survivor's annuity of 66 2/3% of the annuity earned by the
participant as of the date of his or her death, determined without regard
to whether the participant had attained age 60 as of that time, or 7 1/2%
of the last salary of the decedent, whichever is greater.
(c) Upon the death of a participant who had terminated service with at
least 10 years of service, his or her surviving spouse shall be entitled
to a survivor's annuity of 66 2/3% of the annuity earned by the deceased
participant at the date of death.
(d) Upon the death of an annuitant, active participant, or participant
who had terminated service with at least 10 years of service, each surviving
child under the age of 18 or disabled as defined in Section 18-128 shall
be entitled to a child's annuity in an amount equal to 5% of the decedent's
final salary, not to exceed in total for all such children the greater of
20% of the decedent's last salary or 66 2/3% of the annuity received or
earned by the decedent as provided under subsections (a) and (b) of this
Section. This child's annuity shall be paid whether or not a survivor's
annuity was elected under Section 18-123.
(e) The changes made in the survivor's annuity provisions by Public Act
82-306 shall apply to the survivors of a deceased participant or annuitant
whose death occurs on or after August 21, 1981.
(f) Beginning January 1, 1990, every survivor's annuity shall be
increased
(1) on each January 1 occurring on or after the commencement of the annuity if
the deceased member died while receiving a retirement annuity, or (2) in other cases,
on each January 1 occurring on or after the first anniversary of
the commencement of the annuity, by an amount equal to 3% of the current
amount of the annuity, including any previous increases under this Article.
Such increases shall apply without regard to whether the deceased member
was in service on or after the effective date of this amendatory Act of
1991, but shall not accrue for any period prior to January 1, 1990.
(g) Notwithstanding any other provision of this Article, the initial survivor's annuity for a survivor of a participant who first serves as a judge after January 1, 2011 (the effective date of Public Act 96-889) shall be in the amount of 66 2/3% of the annuity received or earned by the decedent, and shall be increased (1) on each January 1 occurring on or after the commencement of the annuity if
the deceased participant died while receiving a retirement annuity, or (2) in other cases,
on each January 1 occurring on or after the first anniversary of
the commencement of the annuity, but in no event prior to age 67, by an amount equal to 3% or the annual unadjusted percentage increase in the consumer price index-u as determined by the Public Pension Division of the Department of Insurance under subsection (b-5) of Section 18-125, whichever is less, of the survivor's annuity then being paid. (Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)
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40 ILCS 5/18-128.1
(40 ILCS 5/18-128.1) (from Ch. 108 1/2, par. 18-128.1)
Sec. 18-128.1.
Limitations.
Payment of a widow's or survivor's annuity shall begin to accrue from the date on
which salary or annuity payments to or on account of a deceased judge
are terminated.
Annuity payments to a spouse shall in no event be made for any period of
time for which supplementary salary is granted or paid to the spouse
following the death of the judge.
(Source: P.A. 83-427.)
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40 ILCS 5/18-128.2
(40 ILCS 5/18-128.2) (from Ch. 108 1/2, par. 18-128.2)
Sec. 18-128.2.
Reduction of disability and survivor's benefits for
corresponding
benefits payable under Workers' Compensation and Workers' Occupational Diseases
Acts. Whenever a person is entitled to a disability or survivor's benefit
under this Article and to benefits under the Workers' Compensation Act
or the Workers' Occupational Diseases Act for the same injury or disease,
the benefits payable under this Article shall be reduced by the amount of
benefits payable under either of those Acts. There shall be no reduction,
however, for payments for medical, surgical and hospital services, non-medical
remedial care and treatment rendered in accordance with a religious method
of healing recognized by the laws of this State and for artificial appliances,
and fixed statutory payments for the loss of or the permanent and complete
loss of the use of any bodily member. If the benefits deductible under this
Section are stated in a weekly amount, the monthly amount for the purposes
of this Section shall be 4 1/3 times the weekly amount.
(Source: P.A. 83-1440.)
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40 ILCS 5/18-128.3
(40 ILCS 5/18-128.3) (from Ch. 108 1/2, par. 18-128.3)
Sec. 18-128.3. Required distributions. (a) A person who would be
eligible to receive a survivor's annuity under this Article but for the
fact that the person has not yet attained age 50, shall be eligible for a
monthly distribution under this subsection (a), provided that the payment
of such distribution is required by federal law.
The distribution shall become payable on (i) July 1, 1987, (ii) December
1 of the calendar year immediately following the calendar year in which the
deceased spouse died, or (iii) December 1 of the calendar year in which the
deceased spouse would have attained age 72, whichever occurs last, and
shall remain payable until the first of the following to occur: (1) the
person becomes eligible to receive a survivor's annuity under this Article;
(2) the end of the month in which the person ceases to be eligible to
receive a survivor's annuity upon attainment of age 50, due to remarriage
or death; or (3) the end of the month in which such distribution ceases to
be required by federal law.
The amount of the distribution shall be fixed at the time the
distribution first becomes payable, and shall be calculated in the same
manner as a survivor's annuity under Sections 18-128 through 18-128.2,
but excluding: (A) any requirement for
an application for the distribution; (B) any automatic annual increases,
supplemental increases, or one-time increases that may be provided by law
for survivor's annuities; and (C) any lump-sum or death benefit.
(b) For the purpose of this Section, a distribution shall be deemed to be
required by federal law if: (1) directly mandated by federal statute, rule,
or administrative or court decision; or (2) indirectly mandated through
imposition of substantial tax or other penalties for noncompliance.
(c) Notwithstanding Section 1-103.1 of this Code, a member need not be
in service on or after the effective date of this amendatory Act of 1989
for the member's surviving spouse to be eligible for a
distribution under this Section.
(Source: P.A. 102-210, eff. 7-30-21.)
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40 ILCS 5/18-129
(40 ILCS 5/18-129) (from Ch. 108 1/2, par. 18-129)
Sec. 18-129.
Refund of contributions; repayment.
(a) A participant who ceases to be a judge may, upon application to the
Board, receive a refund of his or her total contributions to the System
including the contributions made towards the automatic increase in
retirement annuity and contributions for the survivor's annuity,
without interest, provided he or she is not then immediately eligible to
receive a retirement annuity.
Upon receipt of a refund, the applicant shall cease to be a participant
and shall thereupon relinquish all rights in the System. However, upon
again becoming a participant, the judge shall receive credit for all
previous judicial service upon payment to the System of the amount refunded
together with interest at 4% per annum from the time of the refund to the
date of repayment.
(b) Upon death of a participant who did not become an annuitant, where
no spouse or other beneficiaries eligible for an annuity survive,
the participant's designated beneficiary or estate shall be
entitled to a refund of his or her total contributions to the System,
including contributions made towards the automatic increase in retirement
annuity and contributions for the survivor's annuity, without interest.
(c) Upon death of an annuitant, where no spouse or other beneficiaries
eligible for an annuity survive, the designated beneficiary or estate
shall receive a refund of the contributions made for the survivor's annuity,
without interest. If the annuitant received annuity
payments in the aggregate less than his or her contributions
for retirement annuity and the contributions towards the
automatic increase in the retirement annuity, the designated beneficiary
or estate shall also be refunded the difference between the total of such
contributions, excluding interest, and the sum of annuity payments made.
(d) A participant or annuitant whose marriage is terminated by death or
dissolution, an unmarried participant, and an annuitant who was not married
while he or she was a judge shall, upon application to the Board, receive
a refund of his or her contributions for the survivor's annuity, without
interest. Upon the issuance of a refund under this subsection, the recipient's
credit for survivor's annuity purposes shall terminate and the recipient shall
not thereafter make contributions for survivor's annuity, except in accordance
with subsection (f) or (g). Upon the death of a participant or annuitant who
received such a refund, any eligible children shall nevertheless be entitled to
the child's annuities provided in Section 18-128.01.
(e) Upon the death of a surviving spouse who, together with the
deceased judge, did not receive annuity payments in the aggregate equal to
the judge's total contributions to the System, the estate of the surviving
spouse shall be refunded the difference between the total payments and
total contributions, excluding interest.
(f) Upon marriage or remarriage, a participant or annuitant shall
receive full credit for survivor's annuity purposes upon:
(1) in the case of a participant, making the | | contributions required under Section 18-123 beginning on the date of the marriage or remarriage;
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(2) repaying in full any survivor's annuity
| | contributions that have been refunded; and
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(3) making survivor's annuity contributions for the
| | period of participation during which he or she was unmarried, together with interest thereon at 3% per annum.
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The time and manner of making such repayments shall be prescribed by
the Board.
(g) Upon marriage or remarriage, a participant who does not make the
payments required for full survivor's annuity credit under subsection (f)
may receive partial credit for survivor's annuity by making survivor's
annuity contributions under Section 18-123 beginning on the date of the
marriage or remarriage.
Notwithstanding any other provision of this Article, the survivor's
annuity (but not any child's annuity) payable under this Article on behalf
of a deceased person with only partial credit for survivor's annuity shall
be reduced by multiplying the amount of the survivor's annuity that would
have been payable if the person had full credit by a fraction, the
numerator of which is the number of months of service for which survivor's
annuity contributions have been credited in this System, and the
denominator of which is the total number of months of service in this System.
(Source: P.A. 90-766, eff. 8-14-98.)
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40 ILCS 5/18-131
(40 ILCS 5/18-131) (from Ch. 108 1/2, par. 18-131)
Sec. 18-131. Financing; employer contributions.
(a) The State of Illinois shall make contributions to this System by
appropriations of the amounts which, together with the contributions of
participants, net earnings on investments, and other income, will meet the
costs of maintaining and administering this System on a 90% funded basis in
accordance with actuarial recommendations.
(b) The Board shall determine the amount of State contributions
required for each fiscal year on the basis of the actuarial tables and other
assumptions adopted by the Board and the prescribed rate of interest, using
the formula in subsection (c).
(c) For State fiscal years 2012 through 2045, the minimum contribution
to the System to be made by the State for each fiscal year shall be an amount
determined by the System to be sufficient to bring the total assets of the
System up to 90% of the total actuarial liabilities of the System by the end of
State fiscal year 2045. In making these determinations, the required State
contribution shall be calculated each year as a level percentage of payroll
over the years remaining to and including fiscal year 2045 and shall be
determined under the projected unit credit actuarial cost method.
A change in an actuarial or investment assumption that increases or
decreases the required State contribution and first
applies in State fiscal year 2018 or thereafter shall be
implemented in equal annual amounts over a 5-year period
beginning in the State fiscal year in which the actuarial
change first applies to the required State contribution. A change in an actuarial or investment assumption that increases or
decreases the required State contribution and first
applied to the State contribution in fiscal year 2014, 2015, 2016, or 2017 shall be
implemented: (i) as already applied in State fiscal years before | | (ii) in the portion of the 5-year period beginning in
| | the State fiscal year in which the actuarial change first applied that occurs in State fiscal year 2018 or thereafter, by calculating the change in equal annual amounts over that 5-year period and then implementing it at the resulting annual rate in each of the remaining fiscal years in that 5-year period.
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| For State fiscal years 1996 through 2005, the State contribution to
the System, as a percentage of the applicable employee payroll, shall be
increased in equal annual increments so that by State fiscal year 2011, the
State is contributing at the rate required under this Section.
Notwithstanding any other provision of this Article, the total required State
contribution for State fiscal year 2006 is $29,189,400.
Notwithstanding any other provision of this Article, the total required State
contribution for State fiscal year 2007 is $35,236,800.
For each of State fiscal years 2008 through 2009, the State contribution to
the System, as a percentage of the applicable employee payroll, shall be
increased in equal annual increments from the required State contribution for State fiscal year 2007, so that by State fiscal year 2011, the
State is contributing at the rate otherwise required under this Section.
Notwithstanding any other provision of this Article, the total required State contribution for State fiscal year 2010 is $78,832,000 and shall be made from the proceeds of bonds sold in fiscal year 2010 pursuant to Section 7.2 of the General Obligation Bond Act, less (i) the pro rata share of bond sale expenses determined by the System's share of total bond proceeds, (ii) any amounts received from the General Revenue Fund in fiscal year 2010, and (iii) any reduction in bond proceeds due to the issuance of discounted bonds, if applicable.
Notwithstanding any other provision of this Article, the total required State contribution for State fiscal year 2011 is
the amount recertified by the System on or before April 1, 2011 pursuant to Section 18-140 and shall be made from the proceeds of bonds sold
in fiscal year 2011 pursuant to Section 7.2 of the General
Obligation Bond Act, less (i) the pro rata share of bond sale
expenses determined by the System's share of total bond
proceeds, (ii) any amounts received from the General Revenue
Fund in fiscal year 2011, and (iii) any reduction in bond
proceeds due to the issuance of discounted bonds, if
applicable.
Beginning in State fiscal year 2046, the minimum State contribution for
each fiscal year shall be the amount needed to maintain the total assets of
the System at 90% of the total actuarial liabilities of the System.
Amounts received by the System pursuant to Section 25 of the Budget Stabilization Act or Section 8.12 of the State Finance Act in any fiscal year do not reduce and do not constitute payment of any portion of the minimum State contribution required under this Article in that fiscal year. Such amounts shall not reduce, and shall not be included in the calculation of, the required State contributions under this Article in any future year until the System has reached a funding ratio of at least 90%. A reference in this Article to the "required State contribution" or any substantially similar term does not include or apply to any amounts payable to the System under Section 25 of the Budget Stabilization Act.
Notwithstanding any other provision of this Section, the required State
contribution for State fiscal year 2005 and for fiscal year 2008 and each fiscal year thereafter, as
calculated under this Section and
certified under Section 18-140, shall not exceed an amount equal to (i) the
amount of the required State contribution that would have been calculated under
this Section for that fiscal year if the System had not received any payments
under subsection (d) of Section 7.2 of the General Obligation Bond Act, minus
(ii) the portion of the State's total debt service payments for that fiscal
year on the bonds issued in fiscal year 2003 for the purposes of that Section 7.2, as determined
and certified by the Comptroller, that is the same as the System's portion of
the total moneys distributed under subsection (d) of Section 7.2 of the General
Obligation Bond Act. In determining this maximum for State fiscal years 2008 through 2010, however, the amount referred to in item (i) shall be increased, as a percentage of the applicable employee payroll, in equal increments calculated from the sum of the required State contribution for State fiscal year 2007 plus the applicable portion of the State's total debt service payments for fiscal year 2007 on the bonds issued in fiscal year 2003 for the purposes of Section 7.2 of the General
Obligation Bond Act, so that, by State fiscal year 2011, the
State is contributing at the rate otherwise required under this Section.
(d) For purposes of determining the required State contribution to the System, the value of the System's assets shall be equal to the actuarial value of the System's assets, which shall be calculated as follows:
As of June 30, 2008, the actuarial value of the System's assets shall be equal to the market value of the assets as of that date. In determining the actuarial value of the System's assets for fiscal years after June 30, 2008, any actuarial gains or losses from investment return incurred in a fiscal year shall be recognized in equal annual amounts over the 5-year period following that fiscal year.
(e) For purposes of determining the required State contribution to the system for a particular year, the actuarial value of assets shall be assumed to earn a rate of return equal to the system's actuarially assumed rate of return.
(Source: P.A. 100-23, eff. 7-6-17.)
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40 ILCS 5/18-132
(40 ILCS 5/18-132) (from Ch. 108 1/2, par. 18-132)
Sec. 18-132.
Obligations of State.
The payment of (1) the required State contributions, (2) all benefits
granted under this system and (3) all expenses in connection with the
administration and operation thereof are the obligations of the State to
the extent specified in this Article.
(Source: P.A. 83-1440.)
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40 ILCS 5/18-133
(40 ILCS 5/18-133) (from Ch. 108 1/2, par. 18-133)
Sec. 18-133. Financing; employee contributions.
(a) Effective July 1, 1967, each participant is required to contribute
7 1/2% of each payment of salary toward the retirement annuity. Such
contributions shall continue during the entire time the participant is in
service, with the following exceptions:
(1) Contributions for the retirement annuity are not | | required on salary received after 18 years of service by persons who were participants before January 2, 1954.
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(2) A participant who continues to serve as a judge
| | after becoming eligible to receive the maximum rate of annuity may elect, through a written direction filed with the Board, to discontinue contributing to the System. Any such option elected by a judge shall be irrevocable unless prior to January 1, 2000, and while continuing to serve as judge, the judge (A) files with the Board a letter cancelling the direction to discontinue contributing to the System and requesting that such contributing resume, and (B) pays into the System an amount equal to the total of the discontinued contributions plus interest thereon at 5% per annum. Service credits earned in any other "participating system" as defined in Article 20 of this Code shall be considered for purposes of determining a judge's eligibility to discontinue contributions under this subdivision (a)(2).
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(3) A participant who (i) has attained age 60, (ii)
| | continues to serve as a judge after becoming eligible to receive the maximum rate of annuity, and (iii) has not elected to discontinue contributing to the System under subdivision (a)(2) of this Section (or has revoked any such election) may elect, through a written direction filed with the Board, to make contributions to the System based only on the amount of the increases in salary received by the judge on or after the date of the election, rather than the total salary received. If a judge who is making contributions to the System on the effective date of this amendatory Act of the 91st General Assembly makes an election to limit contributions under this subdivision (a)(3) within 90 days after that effective date, the election shall be deemed to become effective on that effective date and the judge shall be entitled to receive a refund of any excess contributions paid to the System during that 90-day period; any other election under this subdivision (a)(3) becomes effective on the first of the month following the date of the election. An election to limit contributions under this subdivision (a)(3) is irrevocable. Service credits earned in any other participating system as defined in Article 20 of this Code shall be considered for purposes of determining a judge's eligibility to make an election under this subdivision (a)(3).
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(b) Beginning July 1, 1969, each participant is required to contribute
1% of each payment of salary towards the automatic increase in annuity
provided in Section 18-125.1. However, such contributions need not be made
by any participant who has elected prior to September 15, 1969, not to be
subject to the automatic increase in annuity provisions.
(c) Effective July 13, 1953, each married participant subject to the
survivor's annuity provisions is required to contribute 2 1/2% of each
payment of salary, whether or not he or she is required to make any other
contributions under this Section. Such contributions shall be made
concurrently with the contributions made for annuity purposes.
(d) Notwithstanding any other provision of this Article, the required contributions for a participant who first becomes a participant on or after January 1, 2011 shall not exceed the contributions that would be due under this Article if that participant's highest salary for annuity purposes were $106,800, plus any increase in that amount under Section 18-125.
(Source: P.A. 96-1490, eff. 1-1-11.)
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40 ILCS 5/18-133.1
(40 ILCS 5/18-133.1) (from Ch. 108 1/2, par. 18-133.1)
Sec. 18-133.1.
Pickup of contributions.
(a) Each employer may pick up the participant contributions required
under Section 18-133 for all salary earned after December 31, 1981. If an
employer decides not to pick up the contributions, the employee contributions
shall continue to be deducted from salary. If contributions are picked up they
shall be treated as employer contributions in determining tax treatment under
the United States Internal Revenue Code. However, the employer shall continue
to withhold Federal and State income taxes based upon these contributions until
the Internal Revenue Service or the Federal courts rule that pursuant to
Section 414(h) of the United States Internal Revenue Code, these contributions
shall not be included as gross income of the participant until such time as
they are distributed or made available. The employer shall pay these
participant contributions from the same source of funds which is used in paying
earnings to the participant. The employer may pick up these contributions by a
reduction in the cash salary of the participant or by an offset against a
future salary increase or by a combination of a reduction in salary and offset
against a future salary increase. If participant contributions are picked up
they shall be treated for all purposes of this Article as participant
contributions were considered prior to the time they were picked up.
(b) Subject to the requirements of federal law, a participant may elect to
have the employer pick up optional contributions that the participant has
elected to pay to the System, and the contributions so picked up shall be
treated as employer contributions for the purposes of determining federal tax
treatment. The employer shall pick up the contributions by a reduction in the
cash salary of the participant and shall pay the contributions from the same
fund that is used to pay earnings to the participant. The election to have
optional contributions picked up is irrevocable and the
optional contributions may not thereafter be prepaid, by direct payment or
otherwise. If the provision authorizing the optional contribution requires
payment by a stated date (rather than the date of withdrawal or retirement),
that requirement shall be deemed to have been satisfied if (i) on or before the
stated date the participant executes a valid irrevocable election to have the
contributions picked up under this subsection, and (ii) the picked-up
contributions are in fact paid to the System as provided in the election.
(Source: P.A. 90-448, eff. 8-16-97; 90-766, eff. 8-14-98.)
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40 ILCS 5/18-135
(40 ILCS 5/18-135) (from Ch. 108 1/2, par. 18-135)
Sec. 18-135.
Board created.
This system shall be administered by a Board of Trustees, of
5 members as follows: the State Treasurer, the Chief Justice
of the Supreme
Court, and 3 participating judges. The State Treasurer and the Chief
Justice shall be ex-officio members and shall serve as trustees during
their respective terms of office. Each participating judge
trustee shall serve for a term of 3 years. Their successors shall
be appointed by the Supreme Court not more than 3 months nor
less than one month prior to the expiration of their respective terms of office.
Each trustee shall take an oath of office. The filing of a certified
copy of the oath with
the secretary of the board shall qualify the person as a trustee. The
oath shall state that the person will diligently and
honestly administer the affairs of the retirement system, and will not
knowingly violate or wilfully permit any of the provisions
of this Article to be violated.
A participant trustee shall be disqualified as a trustee immediately
upon termination
of employment as a judge. The vacancy so created shall be filled
for the unexpired term
by the Supreme Court.
Each trustee shall have one vote on all actions of the board and at
least 3 concurring votes shall be necessary for any action by the board at
any meeting. No decision or action shall become effective unless presented
and so approved by the board.
(Source: P.A. 83-1440.)
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40 ILCS 5/18-136
(40 ILCS 5/18-136) (from Ch. 108 1/2, par. 18-136)
Sec. 18-136.
Powers and duties of board.
The board has the powers and duties
stated in Sections 18-137 through 18-150, in addition to the other powers and
duties granted it in this Article.
(Source: P.A. 83-1440.)
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40 ILCS 5/18-137
(40 ILCS 5/18-137) (from Ch. 108 1/2, par. 18-137)
Sec. 18-137.
To hold meetings.
To hold regular meetings at least quarterly in each year and special
meetings at such times as it deems necessary. At least 10 days' notice of
each meeting shall be given to each trustee. All meetings shall be open to
the public and shall be held in the office of the board.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/18-138
(40 ILCS 5/18-138) (from Ch. 108 1/2, par. 18-138)
Sec. 18-138.
To consider applications.
To consider and pass on all applications for annuities and refunds,
authorize the granting thereof and suspend any payment or payments, all in
accordance with this Article.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/18-139
(40 ILCS 5/18-139) (from Ch. 108 1/2, par. 18-139)
Sec. 18-139.
To certify interest rate and adopt actuarial tables.
To certify the prescribed interest rate, and adopt the necessary
actuarial tables in accordance with certifications of the actuary.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/18-140 (40 ILCS 5/18-140) (from Ch. 108 1/2, par. 18-140) Sec. 18-140. To certify required State contributions and submit vouchers. (a) The Board shall certify to the Governor, on or before November 15 of each year until November 15, 2011, the amount of the required State contribution to the System for the following fiscal year and shall specifically identify the System's projected State normal cost for that fiscal year. The certification shall include a copy of the actuarial recommendations upon which it is based and shall specifically identify the System's projected State normal cost for that fiscal year. On or before November 1 of each year, beginning November 1, 2012, the Board shall submit to the State Actuary, the Governor, and the General Assembly a proposed certification of the amount of the required State contribution to the System for the next fiscal year, along with all of the actuarial assumptions, calculations, and data upon which that proposed certification is based. On or before January 1 of each year beginning January 1, 2013, the State Actuary shall issue a preliminary report concerning the proposed certification and identifying, if necessary, recommended changes in actuarial assumptions that the Board must consider before finalizing its certification of the required State contributions. On or before January 15, 2013 and every January 15 thereafter, the Board shall certify to the Governor and the General Assembly the amount of the required State contribution for the next fiscal year. The Board's certification must note any deviations from the State Actuary's recommended changes, the reason or reasons for not following the State Actuary's recommended changes, and the fiscal impact of not following the State Actuary's recommended changes on the required State contribution. On or before May 1, 2004, the Board shall recalculate and recertify to the Governor the amount of the required State contribution to the System for State fiscal year 2005, taking into account the amounts appropriated to and received by the System under subsection (d) of Section 7.2 of the General Obligation Bond Act. On or before July 1, 2005, the Board shall recalculate and recertify to the Governor the amount of the required State contribution to the System for State fiscal year 2006, taking into account the changes in required State contributions made by this amendatory Act of the 94th General Assembly. On or before April 1, 2011, the Board shall recalculate and recertify to the Governor the amount of the required State contribution to the System for State fiscal year 2011, applying the changes made by Public Act 96-889 to the System's assets and liabilities as of June 30, 2009 as though Public Act 96-889 was approved on that date. By November 1, 2017, the Board shall recalculate and recertify to the State Actuary, the Governor, and the General Assembly the amount of the State contribution to the System for State fiscal year 2018, taking into account the changes in required State contributions made by this amendatory Act of the 100th General Assembly. The State Actuary shall review the assumptions and valuations underlying the Board's revised certification and issue a preliminary report concerning the proposed recertification and identifying, if necessary, recommended changes in actuarial assumptions that the Board must consider before finalizing its certification of the required State contributions. The Board's final certification must note any deviations from the State Actuary's recommended changes, the reason or reasons for not following the State Actuary's recommended changes, and the fiscal impact of not following the State Actuary's recommended changes on the required State contribution. (b) Unless otherwise directed by the Comptroller under subsection (b-1), the Board shall submit vouchers for payment of State contributions to the System for the applicable month on the 15th day of each month, or as soon thereafter as may be practicable. The amount vouchered for a monthly payment shall total one-twelfth of the required annual State contribution certified under subsection (a). (b-1) Beginning in State fiscal year 2025, if the Comptroller requests that the Board submit, during a State fiscal year, vouchers for multiple monthly payments for the advance payment of State contributions due to the System for that State fiscal year, then the Board shall submit those additional vouchers as directed by the Comptroller, notwithstanding subsection (b). Unless an act of appropriations provides otherwise, nothing in this Section authorizes the Board to submit, in a State fiscal year, vouchers for the payment of State contributions to the System in an amount that exceeds the rate of payroll that is certified by the System under this Section for that State fiscal year. (b-2) The vouchers described in subsections (b) and (b-1) shall be paid by the State Comptroller and Treasurer by warrants drawn on the funds appropriated to the System for that fiscal year. If in any month the amount remaining unexpended from all other appropriations to the System for the applicable fiscal year (including the appropriations to the System under Section 8.12 of the State Finance Act and Section 1 of the State Pension Funds Continuing Appropriation Act) is less than the amount lawfully vouchered under this Section, the difference shall be paid from the General Revenue Fund under the continuing appropriation authority provided in Section 1.1 of the State Pension Funds Continuing Appropriation Act. (Source: P.A. 103-588, eff. 6-5-24.) |
40 ILCS 5/18-142
(40 ILCS 5/18-142) (from Ch. 108 1/2, par. 18-142)
Sec. 18-142.
To request information.
To request such information from any participating judge or from any
officer, department head or other persons in authority, of any employer as
is necessary for the proper operation of the system.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/18-143
(40 ILCS 5/18-143) (from Ch. 108 1/2, par. 18-143)
Sec. 18-143.
To provide examinations.
To provide for the examination of persons receiving disability annuities
prior to age 60, by one or more licensed and practicing physicians
designated by the board at least once each year during the continuance of
disability.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/18-144
(40 ILCS 5/18-144) (from Ch. 108 1/2, par. 18-144)
Sec. 18-144.
To establish office.
To establish an office or offices with suitable space for the board
meetings and for the necessary administrative personnel. All books and
records shall be kept in such offices.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/18-145
(40 ILCS 5/18-145) (from Ch. 108 1/2, par. 18-145)
Sec. 18-145.
To employ staff.
To appoint a secretary and employ such actuarial, medical, legal,
clerical or other help as is required for the efficient administration of
the system, and determine their rates of pay.
(Source: P.A. 83-1440.)
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