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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 5/11-190
(40 ILCS 5/11-190) (from Ch. 108 1/2, par. 11-190)
Sec. 11-190.
To invest the reserves.
To invest the reserves of the fund in
accordance with Sections 1-109, 1-109.1, 1-109.2, 1-110, 1-111, 1-114, and
1-115 of this Act. Investments made in accordance with Section 1-113 shall be
deemed to be prudent.
The retirement board may sell any security held by it at any time it deems it
desirable.
The board may enter into any agreements and execute any documents that it
determines to be necessary to complete any investment transaction.
All investments shall be clearly held and accounted for to indicate ownership
by the board. The board may direct the registration of securities in its own
name or in the name of a nominee created for the express purpose of
registration of securities by a savings and loan association or national or
State bank or trust company authorized to conduct a trust business in the State
of Illinois.
Investments shall be carried at cost or at book value in accordance with
accounting procedures approved by the board. No adjustments shall be made in
investment carrying values for ordinary current market price fluctuations, but
reserves may be provided to account for possible losses or unrealized gains, as
determined by the board.
The book value of investments held by the fund in commingled investment
accounts shall be the cost of its units of participation in those commingled
accounts as recorded on the books of the board.
The board of trustees of any fund established under this Article may
not transfer its investment authority, nor transfer the assets of the fund,
to any other person or entity for the purpose of consolidating or merging
its assets and management with any other pension fund or public investment
authority, unless the board resolution authorizing that transfer
is submitted for approval to the contributors and retirees of the fund at
elections held not less than 30 days after the adoption of the
resolution by the board and the resolution is approved by a
majority of the votes cast on the question in both the contributors election
and the retirees election. The election procedures and qualifications
governing the election of trustees shall govern the submission of resolutions
for approval under this paragraph, insofar as they may be made applicable.
(Source: P.A. 90-31, eff. 6-27-97.)
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40 ILCS 5/11-190.1
(40 ILCS 5/11-190.1) (from Ch. 108 1/2, par. 11-190.1)
Sec. 11-190.1.
Loan of securities.
The Board may lend securities
owned by the Fund to a
borrower upon such written terms and conditions as may be mutually agreed.
Such agreement shall provide that during the period of such loan the Fund
shall retain the right to receive, or collect from the borrower, all dividends,
interest rights, or any distributions to which the Fund would have otherwise
been entitled. The borrower shall deposit with the Fund, as collateral
for such loan, cash, U.S. Government securities, or letters of credit
equal to the market value of the securities at the time
the loan is made, and shall increase the amount of collateral if and when
the Fund shall request an additional amount because of subsequent increased
market value of the securities.
The period for which the securities may be loaned shall not exceed one
year, and the loan agreement may specify earlier termination by either party
upon mutually agreed conditions.
(Source: P.A. 86-1488.)
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40 ILCS 5/11-191
(40 ILCS 5/11-191) (from Ch. 108 1/2, par. 11-191)
Sec. 11-191.
To have an audit.
To have an audit of the accounts of the fund made at least once each
year by certified public accountants.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/11-192
(40 ILCS 5/11-192) (from Ch. 108 1/2, par. 11-192)
Sec. 11-192.
To authorize payments.
To authorize or suspend the payment of any annuity or benefit in
accordance with this Article. The board shall have exclusive original
jurisdiction in all matters relating to or affecting the fund, including,
in addition to all other matters, all claims for annuities, pensions,
benefits or refunds.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/11-193
(40 ILCS 5/11-193) (from Ch. 108 1/2, par. 11-193)
Sec. 11-193.
To determine service credits.
To require each employee to file a statement concerning service rendered
the employer and the retirement board, prior to the effective date. The
board shall make a determination of the length of such service and
establish, from any available information, the period of service rendered
prior to the effective date. Such determination shall be conclusive unless
the board reconsiders and changes its determination.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/11-194
(40 ILCS 5/11-194) (from Ch. 108 1/2, par. 11-194)
Sec. 11-194.
To issue certificate of prior service.
To issue a certificate showing the entire period of service rendered by
a present employee prior to the effective date and the amounts to his
credit, for prior service and widow's prior service annuity.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/11-195
(40 ILCS 5/11-195) (from Ch. 108 1/2, par. 11-195)
Sec. 11-195.
To submit an annual report.
To submit a report in July of each year to the city council of the city,
as of the close of business on December 31st of the preceding year. The
report shall contain a detailed statement of the affairs of the fund, its
income and expenditures, and assets and liabilities, and the status of the
several reserves. The city council shall have the power to require the
board to submit such report.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/11-196 (40 ILCS 5/11-196) (from Ch. 108 1/2, par. 11-196) Sec. 11-196. To subpoena witnesses and compel the production of records. To issue subpoenas to compel the attendance of witnesses to testify before it and to compel the production of documents and records upon any matter concerning the Fund, including, but not limited to, in conjunction with: (1) a disability claim; (2) an administrative review proceeding; (3) an attempt to obtain information to assist in the | | collection of sums due to the Fund;
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| (4) obtaining any and all personal identifying
| | information necessary for the administration of benefits;
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| (5) the determination of the death of a benefit
| | recipient or a potential benefit recipient; or
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| (6) a felony forfeiture investigation.
The fees of witnesses for attendance and travel shall be the same as the fees of witnesses before the circuit courts of this State and shall be paid by the party seeking the subpoena. The Board may apply to any circuit court in the State for an order requiring compliance with a subpoena issued under this Section. Subpoenas issued under this Section shall be subject to applicable provisions of the Code of Civil Procedure. The president or other members of the Board may administer oaths to witnesses.
(Source: P.A. 103-424, eff. 8-4-23; 103-552, eff. 8-11-23.)
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40 ILCS 5/11-197
(40 ILCS 5/11-197) (from Ch. 108 1/2, par. 11-197)
Sec. 11-197.
To appoint employees.
To appoint such actuarial, medical,
legal, clerical or other employees as are necessary and fix their
compensation. The board shall develop procedures for obtaining, by contract
or employment, any necessary professional assistance including investment
advisors and managers, auditors, actuaries, and medical and legal
professionals, for any vacancies which may arise after December 31, 1987.
(Source: P.A. 85-964.)
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40 ILCS 5/11-197.7 (40 ILCS 5/11-197.7) Sec. 11-197.7. Payment of annuity other than direct. The board, at the written direction and request of any annuitant, may, solely as an accommodation to such annuitant, pay the annuity due him or her to a bank, savings and loan association, or any other financial institution insured by an agency of the federal government, for deposit to his or her account, or to a bank or trust company for deposit in a trust established by him or her for his benefit with such bank, savings and loan association, or trust company, and such annuitant may withdraw such direction at any time. An annuitant who directs the board to pay the annuity due him or her to a financial institution shall hold the board and the fund harmless from any claim or loss related to any error as to whether the financial institution is or continues to be federally insured.
(Source: P.A. 100-23, eff. 7-6-17; 100-1166, eff. 1-4-19.) |
40 ILCS 5/11-198
(40 ILCS 5/11-198) (from Ch. 108 1/2, par. 11-198)
Sec. 11-198.
To make rules.
To make rules and regulations necessary for the administration of the
fund.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/11-199
(40 ILCS 5/11-199) (from Ch. 108 1/2, par. 11-199)
Sec. 11-199.
Moneys to be held on deposit.
To make the payments authorized by this Article, the board may keep and
hold uninvested a sum not in excess of the amounts required to make all
annuity payments which become due in the following 90 days. Such sum or any
part thereof shall be kept on deposit only in banks or savings and loan
associations authorized to do business under the
laws of this State. The amount
which may be deposited in any bank shall not exceed 25% of its paid up
capital and surplus.
No bank or savings and loan association shall receive investment funds
as permitted by this Section, unless it has complied with the requirements,
other than the maximum deposit requirement, established pursuant to Section
6 of "An Act relating to certain investments of public funds by public agencies",
approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 83-541.)
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40 ILCS 5/11-200
(40 ILCS 5/11-200) (from Ch. 108 1/2, par. 11-200)
Sec. 11-200.
Accounting.
An adequate system of accounts and records shall
be established to give effect to the requirements of this Article, and
shall be maintained in accordance with generally accepted accounting
principles. The reserves designated in Sections 11-201 to 11-210,
inclusive, shall be maintained. At the end of each year and at any other
time when necessary the amounts in such reserves shall be improved by their
proper interest accretions.
(Source: P.A. 85-964.)
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40 ILCS 5/11-201
(40 ILCS 5/11-201) (from Ch. 108 1/2, par. 11-201)
Sec. 11-201.
Expense reserve.
Amounts contributed by the city to defray the cost of administration of
the fund shall be credited to this reserve. Expenses of administration
shall be charged to it.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/11-202
(40 ILCS 5/11-202) (from Ch. 108 1/2, par. 11-202)
Sec. 11-202.
City contribution reserve.
Amounts contributed by the
city for age and service annuity, widow's annuity and supplemental
annuity (except those contributed in lieu of deductions from the salary
of an employee who receives duty disability benefit), and all amounts
transferred to this reserve from the investment and interest reserve,
shall be credited to this reserve.
An individual account shall be kept in this reserve for each employee
and each widow for which the city shall contribute for supplemental
annuity to which city contributions shall be credited.
When the annuity for an employee or his widow is fixed, and when
supplemental annuity for a widow first becomes payable, the amount in
this reserve for such annuity shall be transferred to the annuity
payment reserve.
If the credit in this reserve of any employee who withdraws from
service before he attains age 65 is in excess of that required for his
age and service annuity, or in excess of that required for widow's
annuity (either or both), such amounts shall be retained in this reserve
and improved by interest at the effective rate until the employee
becomes age 65, or applies for annuity, or dies, whichever occurs first.
Any such amounts shall then be used to reduce city contributions.
With respect to employees whose wages are funded as participants
under CETA, the board may elect to establish a separate manpower program
reserve or account for funds made available by the federal government
towards the employer's contribution. The manpower program reserve will
be administered as is the City contribution reserve, except that where
at variance it will be administered in accordance with the rules and
regulations established by the Secretary of the United States Department
of Labor or his designee.
At the time that employees previously funded as participants under
CETA lose their participant status and obtain unsubsidized employment
with the employer, unsubsidized employment with another employer
provided that benefits are portable, or obtain vesting status, as
defined by the Secretary of Labor or his designee, a transfer of funds
equivalent to the amount of contributions made for such employees will
be made out of the manpower program reserve. For prior CETA participants
who continue as employees in public service which is covered by a
participating retirement system, the sums will be credited to the
regular City contribution reserve.
(Source: P.A. 81-1536.)
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40 ILCS 5/11-203
(40 ILCS 5/11-203) (from Ch. 108 1/2, par. 11-203)
Sec. 11-203.
Employees' contribution reserve.
Amounts deducted from employee's salaries for age and service annuity
and widow's annuity, or otherwise contributed by employees, amounts
contributed by the city for such annuities for an employee receiving
duty disability benefit, and transfers to this reserve from the
investment and interest reserve, shall be credited to this reserve.
An individual account shall be kept in this reserve for each employee
to which such salary deductions and contributions shall be credited.
When the annuity for any employee or his widow is fixed or granted,
the amount in this reserve for such annuities shall be transferred to
the annuity payment reserve.
There shall be charged to this reserve amounts refunded, except
refunds under Section 11-204.
(Source: P.A. 81-1536.)
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40 ILCS 5/11-204
(40 ILCS 5/11-204) (from Ch. 108 1/2, par. 11-204)
Sec. 11-204.
Annuity payment reserve.
Amounts transferred from the city contribution reserve and the
employees' contribution reserve for annuities which have been fixed,
amounts deducted from an employee's salary after the age and service
annuity has been fixed, and amounts transferred to this reserve from the
investment and interest reserve, shall be credited to this reserve.
Age and service annuities and widow's annuities shall be charged to
this reserve. Amounts refunded in accordance with Sections 11-148,
11-166, 11-172 and 11-149(2) of this Article shall be charged to this
reserve.
When an employee whose annuity was fixed or granted, re-enters
service before age 65, an amount determined under the provisions
governing re-entry into service shall be charged to this reserve and
transferred to the city contribution reserve and the salary deduction
reserve, respectively, for age and service annuity. Such amount shall be
divided in said reserves in the same proportion as that in which the
previous transfer from such reserves to this reserve was made.
If the wife of the employee, when he re-enters service, is the same
as that when the widow's annuity was fixed, an amount to be determined
under the provisions governing re-entry into service shall be
transferred from this reserve and credited for widow's annuity in the
city contribution reserve and the employees' contribution reserve,
respectively. Such credit shall be in the same proportion as that in
which the previous transfer was made.
If at the end of any year the credit balance of the annuity payment
reserve exceeds the liabilities chargeable thereto by more than 15% of
such liabilities, the excess shall be transferred to the investment and
interest reserve, expense reserve, ordinary disabling reserve, prior
service annuity reserve, and city contribution reserve, in the order
named, to remove any deficiency existing in any such reserves.
(Source: P.A. 81-1536.)
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40 ILCS 5/11-205
(40 ILCS 5/11-205) (from Ch. 108 1/2, par. 11-205)
Sec. 11-205.
Prior service annuity reserve.
Amounts contributed by the city for prior service annuity, widow's prior
service annuity and minimum annuities, shall be credited to this reserve.
Prior service and widow's prior service annuities payable under this
Article and that part of any minimum annuity which is in excess of the age
and service and prior service annuity shall be charged to this reserve.
If the balance of the investment and interest reserve is not sufficient
to permit a transfer from that reserve to the annuity payment reserve to
make the credit balance of the annuity payment reserve equal to the
liabilities chargeable thereto (including the present values of all
annuities entered upon or fixed and of all annuities not entered upon),
amounts necessary for such purpose shall be transferred from this reserve
to the investment and interest reserve.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/11-206
(40 ILCS 5/11-206) (from Ch. 108 1/2, par. 11-206)
Sec. 11-206.
Child's annuity reserve.
Amounts contributed by the city for child's annuity shall be credited to
this reserve and such annuities shall be charged to it.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/11-207
(40 ILCS 5/11-207) (from Ch. 108 1/2, par. 11-207)
Sec. 11-207.
Duty disability reserve.
Amounts contributed by the city for duty disability benefits and child's
disability benefits, and amounts contributed by the city for compensation
annuity shall be credited to this reserve. Such benefits and annuities
shall be charged to it.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/11-208
(40 ILCS 5/11-208) (from Ch. 108 1/2, par. 11-208)
Sec. 11-208.
Ordinary disability reserve.
Amounts contributed by the city for ordinary disability benefit shall be
credited to this reserve and such benefits shall be charged to it.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/11-209
(40 ILCS 5/11-209) (from Ch. 108 1/2, par. 11-209)
Sec. 11-209.
Gift reserve.
Money or property received by the board for any purpose under other
laws, or as gifts, grants, or bequests, or in any manner other than
provided in any section of this Article shall be credited to this reserve
and used for such purposes of the fund as are approved by the board. The
balance in this reserve shall be improved by interest at 4% per annum.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/11-210
(40 ILCS 5/11-210) (from Ch. 108 1/2, par. 11-210)
Sec. 11-210.
Investment and interest reserve.
(1) Gains from investments and interest earnings shall be credited to
this reserve. Losses from investments shall be charged to it. From this
reserve shall be transferred amounts due in interest upon balances existing
in other reserves of this fund.
(2) Amounts necessary according to the American Experience Table of
Mortality and interest at the rate of 4% per annum or the Combined Annuity
Mortality Table and interest at the rate of 3% per annum, as to those
assets or liabilities to which either table may be applicable in accordance
with the provisions of this Article, to make the annuity payment reserve
equal to its liabilities (including the present values of all annuities
entered upon, or fixed and not entered upon, chargeable to such reserve)
shall be transferred to the annuity payment reserve at least once each
year.
(3) That portion of the annual investment earnings on the fund's
invested assets exclusive of gains or losses on sales or exchanges of
assets during the year on the fund's invested assets, as specified in
Section 11-134.3 of this Article, shall be transferred from the investment
and interest reserve to the Supplementary Payment Reserve set forth in said
Section 11-134.3.
Any balance in the investment and interest reserve shall be either
charged or credited to the Prior Service Annuity Reserve depending on
whether a deficiency or surplus exists in said investment and interest
reserve.
(Source: P.A. 76-1510.)
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40 ILCS 5/11-211
(40 ILCS 5/11-211) (from Ch. 108 1/2, par. 11-211)
Sec. 11-211.
Deficiencies in reserves.
If the balance in the expense reserve, the prior service annuity
reserve, the child's annuity reserve, the duty disability reserve or the
ordinary disability reserve, or either one of these is not sufficient to
provide for expenses, annuities, or benefits chargeable thereto, the
deficiency shall be removed by a transfer from the following reserves in
the order stated: City contribution reserve; prior service annuity
reserve; employees' contribution reserve; annuity payment reserve. When
an excess exists in the said reserves to which a transfer was made, the
excess shall be transferred from any of such reserves to the reserves
from which a transfer had been made until the full sum previously
transferred is restored. Interest of 4% per annum upon such transfers
and retransfers shall be credited to the investment and interest
reserve.
(Source: P.A. 81-1536.)
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40 ILCS 5/11-212
(40 ILCS 5/11-212) (from Ch. 108 1/2, par. 11-212)
Sec. 11-212.
Treasurer of fund.
The city treasurer shall be ex-officio the treasurer and custodian of
the fund and shall furnish to the board a bond of such amount as the board
designates, which shall indemnify the board against any loss which may
result from any action or failure to act by him or any of his agents. Fees
and charges incidental to the procuring of such bond shall be paid by the
board.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/11-213
(40 ILCS 5/11-213) (from Ch. 108 1/2, par. 11-213)
Sec. 11-213.
Attorney.
The chief legal officer of the city shall be the legal advisor of and
attorney for the board. If it shall deem such action necessary or
advisable, the board may, in its discretion, employ another attorney for
special services.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/11-214
(40 ILCS 5/11-214) (from Ch. 108 1/2, par. 11-214)
Sec. 11-214.
Computation of term of service, annual salary and salary
deductions.
For the purpose of this Article, term of service, annual salary and
salary deductions shall be
computed as provided in Sections 11-215 to
11- 218, inclusive.
(Source: P.A. 81-1536.)
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40 ILCS 5/11-215
(40 ILCS 5/11-215) (from Ch. 108 1/2, par. 11-215)
Sec. 11-215. Computation of service.
(a) In computing the term of service of an employee prior to the effective
date, the entire period beginning on the date he was first appointed and ending
on the day before the effective date, except any intervening period during
which he was separated by withdrawal from service, shall be counted for all
purposes of this Article. Only the first year of each period of lay-off or
leave of absence without pay, continuing or extending for a period in excess
of one year, shall be counted as such service.
(b) For a person employed by an employer for whom this Article was in effect
prior to August 1, 1949, from whose salary deductions are first made under
this Article after July 31, 1949, any period of service rendered prior to
the effective date, unless he was in service on the day before the
effective date, shall not be counted as service.
(c) In computing the term of service of an employee subsequent to the day
before the effective date, the following periods of time shall be counted
as periods of service for annuity purposes:
(1) the time during which he performed the duties of | |
(2) leaves of absence with whole or part pay, and
| | leaves of absence without pay not longer than 90 days;
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(3) leaves of absence without pay that begin before
| | the effective date of this amendatory Act of the 97th General Assembly and during which a participant is employed full-time by a local labor organization that represents municipal employees, provided that:
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| (A) the participant continues to make employee
| | contributions to the Fund as though he were an active employee, based on the regular salary rate received by the participant for his municipal employment immediately prior to such leave of absence (and in the case of such employment prior to December 9, 1987, pays to the Fund an amount equal to the employee contributions for such employment plus regular interest thereon as calculated by the board), and based on his current salary with such labor organization after the effective date of this amendatory Act of 1991;
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| (B) the participant, or the labor organization
| | on the participant's behalf, makes contributions to the Fund as though it were the employer, as follows:
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| (i) after January 1, 1989 and prior to levy
| | year 2017, in the same amount and same manner as specified under this Article, based on the regular salary rate received by the participant for his municipal employment immediately prior to such leave of absence, and based on his current salary with such labor organization after the effective date of this amendatory Act of 1991;
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| (ii) beginning in levy year 2017 and until
| | the effective date of this amendatory Act of the 102nd General Assembly, in an amount equal to the contribution by the participant under subparagraph (A) of this paragraph; and
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| (iii) on and after the effective date of
| | this amendatory Act of the 102nd General Assembly, in an amount equal to the difference between the contribution by the participant under subparagraph (A) of this paragraph and the normal cost, which shall be calculated by the Fund's actuary on an aggregate basis specific to the participant's Tier based on the Fund's most recent actuarial valuation and shall be effective on each July 1 after the Board certifies the amount of the contribution to the participant; and
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| (C) the participant does not receive credit in
| | any pension plan established by the local labor organization based on his employment by the organization;
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(4) any period of disability for which he received
| | (i) a disability benefit under this Article, or (ii) a temporary total disability benefit under the Workers' Compensation Act if the disability results from a condition commonly termed heart attack or stroke or any other condition falling within the broad field of coronary involvement or heart disease, or (iii) whole or part pay.
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(d) For a person employed by an employer, or the retirement board, in which
"The 1935 Act" was in effect prior to August 1, 1949, from whose salary
deductions are first made under "The 1935 Act" or this Article after July
31, 1949, any period of service rendered subsequent to the effective date
and prior to August 1, 1949, shall not be counted as a period of service
under this Article, except such period for which he made payment, as
provided in Section 11-221 of this Article, in which case such period
shall be counted as a period of service for all annuity purposes hereunder.
(e) In computing the term of service of an employee subsequent to the day
before the effective date for ordinary disability benefit purposes, the
following periods of time shall be counted as periods of service:
(1) any period during which he performed the duties
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(2) leaves of absence with whole or part pay;
(3) any period of disability for which he received
| | (i) a duty disability benefit under this Article, or (ii) a temporary total disability benefit under the Workers' Compensation Act if the disability results from a condition commonly termed heart attack or stroke or any other condition falling within the broad field of coronary involvement or heart disease, or (iii) whole or part pay.
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However, any period of service rendered by an employee contributor prior to
the date he became a contributor to the fund shall not be counted as a
period of service for ordinary disability purposes, unless the person
made payment for the period as provided in Section 11-221 of this Article, in
which case the period shall be counted as a period of service for ordinary
disability purposes for periods of disability on or after the effective date of
this amendatory Act of 1997.
Overtime or extra service shall not be included in computing any term of
service. Not more than 1 year of service shall be allowed for service
rendered during any calendar year.
For the purposes of this Section, the phrase "any pension plan established by the local labor organization" means any pension plan in which a participant may receive credit as a result of his or her membership in the local labor organization, including, but not limited to, the local labor organization itself and its affiliates at the local, intrastate, State, multi-state, national, or international level. The definition of this phrase is a declaration of existing law and shall not be construed as a new enactment.
(Source: P.A. 102-742, eff. 5-6-22.)
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40 ILCS 5/11-215.1
(40 ILCS 5/11-215.1) (from Ch. 108 1/2, par. 11-215.1)
Sec. 11-215.1.
Concurrent Employment.
If a participant in this fund is employed concurrently by an employer
whose employees are participants in a public retirement system created
under other Articles of the Illinois Pension Code as well as by the
employer, as defined in this Article, any earnings from such other employer
during such period of concurrent employment shall, in no event, be
considered for annuity or benefit purposes under the provisions of this
Article.
(Source: P.A. 76-1509.)
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40 ILCS 5/11-216
(40 ILCS 5/11-216) (from Ch. 108 1/2, par. 11-216)
Sec. 11-216.
Basis of service credit.
(a) In computing the period of service of any employee for the minimum
annuities, the following provisions shall govern:
(1) all periods prior to the effective date shall be | | computed in accordance with the provisions governing the computation of such service, except for a re-entrant or future entrant who was not in service on the day before the effective date; provided that no period of lay-off or leave of absence in excess of one year shall be counted in such period of service.
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(2) Service subsequent to the day before the
| | effective date, shall include: (A) the actual period the employee performs the duties of his position and makes required contributions or performs such duties and is given a city contribution for age and service annuity purposes or minimum annuity purposes; (B) leaves of absence from duty, or vacation, for which an employee receives all or part of his salary; (C) periods during which the employee is temporarily assigned to another position in the service and permitted to make contributions to the fund; (D) periods during which the employee has had contributions for annuity purposes made for him in accordance with law while on military leave of absence during World War II; (E) periods during which the employee receives a disability benefit under this Article, or a temporary total disability benefit under the Workers' Compensation Act if the disability results from a condition commonly termed heart attack or stroke or any other condition falling within the broad field of coronary involvement or heart disease; and (F) any period included under item (c)(3) of Section 11-215.
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(b) Service during 6 or more months in any year shall constitute a year
of service, and service of less than 6 months and at least 1 month in any
year shall constitute a half year of service. However, the right to have
certain periods of time considered as service as stated in paragraph 2 of
Section 11-164 shall not apply for minimum annuity purposes.
(c) For all other annuity purposes of this Article, the following
schedule shall govern the computation of a year of service of an employee
whose salary or wages is on the basis stated, and any fractional part of a
year of service shall be determined according to said schedule:
Annual or Monthly Basis: Service during 4 months in any one calendar
year;
Weekly Basis: Service during any 17 weeks of any 1 calendar year, and
service during any week shall constitute a week of service;
Daily Basis: Service during 100 days in any 1 calendar year, and service
during any day shall constitute a day of service;
Hourly Basis: Service during 700 hours in any 1 calendar year and
service during any hour shall constitute an hour of service.
(Source: P.A. 85-964; 86-1488.)
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40 ILCS 5/11-217
(40 ILCS 5/11-217) (from Ch. 108 1/2, par. 11-217)
Sec. 11-217. Basis of annual salary. For the purpose of this Article,
the annual salary of an employee whose salary or wage is
appropriated, fixed, or arranged in the annual appropriation ordinance upon
other than an annual basis shall be determined as follows:
(a) If the employee is paid on a monthly basis, the annual salary
is 12 times the monthly salary. If
the employee is paid on a weekly basis, the annual salary is 52 times
the weekly salary.
"Monthly salary" means the amount of compensation or salary
appropriated and payable for a normal and regular month's work in the
employee's position in the service. "Weekly salary" means
the amount of compensation or salary appropriated and payable
for a normal and regular week's work in the employee's position in the
service. If the work is on a regularly scheduled part time basis, then "monthly salary" and "weekly salary" refer,
respectively, to the part time monthly or weekly salary.
If the appropriation for the position is for a shorter period than 12
months a year, or 52 weeks a year if on a weekly basis, or the employee is
in a class, grade, or category in which the employee normally works for fewer than 12
months or 52 weeks a year, then the basis shall be adjusted
downward to the extent that the appropriated or
customary work period is less than the normal 12 months or 52
weeks of service in a year.
Compensation for overtime, at regular or overtime rates, that is paid in
addition to the appropriated regular and normal monthly or weekly salary
shall not be considered.
(b) If the employee is paid on a daily basis, the annual salary
is 260 times the daily wage. If the
employee is paid on an hourly basis, the annual salary is 2080 times
the hourly wage.
The norm is based on a 12-month per year, 5-day work week of 8 hours per
day and 40 hours per week, with consideration given only to time
compensated for at the straight time rate of compensation or wage. The
norm shall be increased (subject to a maximum of 300 days or 2400 hours per
year) or decreased for an employee
to the extent that the normal and established work period, at the
straight time compensation or wage for the position held in the
class, grade, or category in which the employee is assigned, is
for a greater or lesser number of months, weeks, days, or hours than
the period on which the established norm is based.
"Daily wage" and "hourly wage" mean,
respectively, the normal, regular, or basic straight time rate of
compensation or wage appropriated and payable for a normal and regular
day's work, or hour's work, in the employee's position in the service.
Any time worked in excess of the norm (or the increased or decreased
norm, whichever is applicable) that is compensated for at overtime,
premium, or other than regular or basic straight time rates shall not be
considered as time worked, and the compensation for that work shall not
be considered as salary or wage. Such time and compensation shall in
every case and for all purposes be considered overtime and shall be
excluded for all purposes under this Article. However, the
straight time portion of compensation or wage, for time worked on holidays
that fall within an employee's established norm, shall be
included for all purposes under this Article.
(c) For minimum annuity purposes under Section 11-134, where a
salary rate change occurs during the year, it shall be considered that the
annual salary for that year is (1) the annual
equivalent of the monthly, weekly, daily, or hourly salary or
wage rate that was applicable for the greater number of months,
weeks, days, or hours (whichever is applicable) in
the year under consideration, or (2) the annual equivalent
of the average salary or wage rate in effect for the employee during the
year, whichever is greater. The average salary or wage rate shall be
calculated by multiplying each salary or wage rate in effect for the
employee during the year by the number of months, weeks, days, or hours
(whichever is applicable) during which that rate was in effect, and
dividing the sum of the resulting products by the total number of months,
weeks, days, or hours (whichever is applicable) worked by the employee
during the year.
(d) The changes to subsection (c) made by this amendatory Act of 1997
apply to persons withdrawing from service on or after July 1, 1990 and for each
such person are intended to be retroactive to the date upon which the affected
annuity began. The Fund shall recompute the affected annuity and shall pay the
additional amount due for the period before the increase resulting from this
amendatory Act in a lump sum, without interest.
(e) This Article shall not be construed to authorize a salary paid by an entity other than an employer, as defined in Section 11-107, to be used to calculate the highest average annual salary of a participant. This subsection (e) is a declaration of existing law and shall not be construed as a new enactment. (Source: P.A. 97-651, eff. 1-5-12.)
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40 ILCS 5/11-218
(40 ILCS 5/11-218) (from Ch. 108 1/2, par. 11-218)
Sec. 11-218.
Basis of salary deduction.
The total of salary deductions for employee contributions for annuity
purposes for any 1 calendar year shall not exceed that produced by the
application of the proper salary deduction rates to
the highest annual
salary considered for annuity purposes for such year.
(Source: P.A. 81-1536.)
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40 ILCS 5/11-219
(40 ILCS 5/11-219) (from Ch. 108 1/2, par. 11-219)
Sec. 11-219.
Retirement Systems Reciprocal Act.
The "Retirement Systems Reciprocal Act", being Article 20 of this Code,
as now enacted or hereafter amended, is hereby adopted and made a part of
this Article; provided that where there is a direct conflict in the
provisions of such Act and the specific provisions of this Article, such
latter provisions shall prevail.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/11-220
(40 ILCS 5/11-220) (from Ch. 108 1/2, par. 11-220)
Sec. 11-220.
Employees in territory annexed.
Whenever territory is annexed to the city, any person then employed as a
laborer by such annexed territory, who shall be employed by the city on the
date of annexation shall automatically come under this Article, and any
service rendered for annexed territory shall be considered, for the purpose
of this Article, as service rendered to the city.
Such laborer shall be treated, as of the date such annexation comes into
effect, as a present employee of the city on the effective date.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/11-221
(40 ILCS 5/11-221) (from Ch. 108 1/2, par. 11-221)
Sec. 11-221.
Employees under Act.
(a) Any contributor becoming employed on or after the effective date
(except a participant in any other annuity, retirement or pension fund
in operation in such city) shall be subject to the provisions of this
Article. Any such contributor shall continue as a contributor to this
fund, in the event that he shall be employed by an employer in any
capacity, other than as a member of the police department, or as a
member of the fire department or as a public school teacher.
(b) Beginning August 1, 1949, any contributor shall have the right
to contribute for service rendered an employer or retirement board after
July 1, 1935, by virtue of appointment to a position which did not
include him under the provisions of "The 1935 Act". Such contributions
shall be the amounts he would have contributed for annuity purposes had
deductions from his salary been made for the purposes of the fund in
accordance with the provisions of "The 1935 Act" relating to future
entrants and present employees during the period such service was
rendered.
Periods of service for the aforesaid employee shall include service
in the armed forces of the United States if he left the employment of an
employer to enter the armed forces and returned to the employ of the
employer within 90 days after his discharge from such armed forces, and
if such employer has not made such payment on his behalf. Those periods
for which he has received and retains credit in some other annuity or
pension fund in operation in such city for the benefit of employees of
an employer shall not be included. Upon making such payments such
employee shall be credited with concurrent city contributions at the
rates in effect for contributors during the period of time such service
was rendered. Such payments and concurrent city contributions shall be
made with interest at the effective rate and shall together with all
other amounts contributed by or for such employee for all annuity
purposes, be considered in computing the annuity or annuities to which
such employee or his widow shall have a right. Any such period of
service for which payment is made by such employee shall be counted as a
period of service for annuity purposes under this Article.
Until the effective date of this amendatory Act of 1991,
in order to be credited for a minimum annuity, all such payments by a
contributor must be made in full while such contributor is still in the
service; if payment is not made in full while such contributor is
in service, any payments made shall be refunded to him when he withdraws
from the service or to his widow in the event of his death or if no
widow in accordance with the other refund provisions of this Article.
Such employee may elect to have such partial payments together with the
concurrent city contributions and interest, credited and applied for age
and service and widow's annuity, for himself and his wife, on the
assumption that the payments made shall apply to his earliest service.
In the event of his death while in the service, his widow may elect to
have such payments and related city contributions and interest, credited
for widow's annuity, to the extent that they do not increase her annuity
above that which she could have received if such amounts were included,
and an annuity were fixed for her on the assumption that her deceased
husband had continued in service at the rate of his final salary until
he became 65 years of age.
Beginning on the effective date of this amendatory Act of 1991, an
employee who is still in service may elect to establish credit under this
Section for only a
fraction of the service that he or she is eligible to establish under this
Section. In such cases, the credit established shall be deemed to relate
to the earliest service for which credit may be established. In no event
shall such credit be granted until the corresponding employee contributions
have been paid.
Beginning on the effective date of this amendatory Act of 1997, any
employee who is in service, or within 90 days after withdrawing from service,
or who is an active contributor to a participating system
as defined in the Retirement Systems Reciprocal Act, may make payments and
establish credit under this Section.
(c) Any employee, who shall become a participant in any other
annuity, retirement or pension fund now or hereafter in operation in
such city for the benefit of employees of an employer, shall have the
right, notwithstanding other provisions of this Article relating to
participation in other funds, to elect to receive a refund or an annuity
from this fund in the same manner as he would if he had then resigned
from his position in the service and had not become a participant in any
such other fund. No credit shall be allowed for any period of service as
a participant in this fund for which he shall receive credit in such
other fund. No annuity payments shall be paid to such participant during
the time he holds a position in the service which entitles him to
participation in such other fund.
(Source: P.A. 90-31, eff. 6-27-97.)
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40 ILCS 5/11-221.1
(40 ILCS 5/11-221.1) (from Ch. 108 1/2, par. 11-221.1)
Sec. 11-221.1.
Right of employees to contribute for certain other service.
Any employee in the service, after having made contributions covering a period
of 10 or more years to the annuity and benefit fund herein provided
for, may elect to pay for and receive credit for all annuity purposes for
service theretofore rendered by the employee to the Chicago Transit
Authority created by the Metropolitan Transit Authority Act; provided that if the employee
has more than 10 years of such service, only the last 10 years of such service shall be credited. Such service credit may be
paid for and granted on the same basis and conditions as are applicable in
the case of employees who make payment for past service under the provisions of
Section 11-221, but on the assumption
that the employee's salary throughout all of his or her
service with the Authority was at the rate of the employee's salary at the date of his or her entrance into the service as an
employee. In no event, however, shall such service be credited if the employee
has not forfeited and relinquished pension credit for service
covering such period under any pension or retirement plan applicable to the
Authority and instituted and maintained by the Authority
for the benefit of its employees.
(Source: P.A. 90-655, eff. 7-30-98.)
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40 ILCS 5/11-221.2
(40 ILCS 5/11-221.2) (from Ch. 108 1/2, par. 11-221.2)
Sec. 11-221.2.
Establishment and restoration of service credit.
(a) Beginning on the effective date of this amendatory Act of 1991, an
employee who is still in service and is eligible to establish optional
service credit under this Article for any period during which he was not an
active participant in the Fund need not establish credit for the entire
period for which he is eligible, but may instead elect to establish credit
for only a fraction of that period. In such cases, the credit established
shall be deemed to relate to the earliest period for which that type of
credit may be established. However, in no event shall any such credit be
granted until the employee contributions required for that credit, if any,
have been paid.
(b) Notwithstanding Section 11-163 or any other provision of this
Article, beginning on the effective date of this amendatory Act of 1991, an
employee who has returned to service and is required (or authorized) to
restore service credit that was surrendered upon payment of a refund need
not restore such credit in full, but may instead elect to restore only a
fraction of the surrendered service credit, or none of it. If only some of
the surrendered credit is to be restored, the credit shall be restored in
the order in which it was earned, and the board shall determine the amount
that must be repaid by the employee to the Fund in order to restore the
credit, based on the corresponding fraction of the refund, plus interest as
required by the other provisions of this Article. In no event shall any
such credit be restored until the payment required for that credit has been
paid, and in no event shall any benefit be granted based on surrendered
credit that has not been restored.
(Source: P.A. 86-1488.)
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40 ILCS 5/11-221.3
(40 ILCS 5/11-221.3)
Sec. 11-221.3.
Payments and rollovers.
(a) The Board may adopt rules prescribing the manner of repaying refunds
and purchasing any other credits permitted under this Article. The rules may
prescribe the manner of calculating interest when payments or repayments
are made in installments.
(b) Rollover contributions from other retirement plans qualified under the
Internal Revenue Code of 1986 may be used to purchase any optional credit or
repay any refund permitted under this Article.
(Source: P.A. 90-31, eff. 6-27-97.)
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40 ILCS 5/11-222
(40 ILCS 5/11-222) (from Ch. 108 1/2, par. 11-222)
Sec. 11-222.
Certain park district employees.
The "Exchange of Functions Act of 1957", to the extent that it applies
to the fund, is incorporated into and made a part of this Article by
express reference. Employees of a city who are members of the fund and who
are transferred to the employment of a park district pursuant to the
aforesaid Act shall remain members of the fund, and their rights, credits
and equities shall remain unimpaired by such transfer of employment.
After such transfer of employment, the city shall assume no further
financial responsibility or obligation for such employees under this
Article, but such financial responsibility and obligation shall become the
duty of the park district by which they are employed. Wherever, as to such
employees, reference is made in this Article to the exercise of a function,
power, responsibility or duty by the city, such reference shall apply,
effective January 1, 1959, to the governing board of the park district by
which such persons are employed.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/11-223
(40 ILCS 5/11-223) (from Ch. 108 1/2, par. 11-223)
Sec. 11-223.
Annuities, etc., exempt.
(a) All annuities, refunds, pensions, and disability benefits
granted under this Article shall be exempt from attachment or
garnishment process and shall not be seized, taken, subjected to,
detained, or levied upon by virtue of any judgment, or any process or
proceeding whatsoever issued out of or by any court in this State, for
the payment and satisfaction in whole or in part of any debt, damage,
claim, demand, or judgment against any annuitant, participant, refund
applicant, or other beneficiary hereunder.
No annuitant, refund applicant, or other beneficiary may
transfer or assign his annuity, refund, or
disability benefit or any part thereof by way of mortgage or otherwise,
except as provided in Section 11-223.1, and except in the case of refunds,
when a participant has pledged by assignment, power of attorney, or otherwise,
as security for a loan from a legally operating credit union making loans
only to participants in certain public employee pension funds described
in the Illinois Pension Code, all or part of any refund which may become
payable to him in the event of his separation from service.
The board in its discretion may, however, pay to the wife or to the
unmarried child under 18 years of age of any annuitant, refund
applicant, or disability beneficiary, such an amount out of her
husband's annuity refund, or disability benefit as any court may order,
or such an amount as the board may consider necessary for the support of
his wife or children or both in the event of his disappearance or
unexplained absence or of his failure to support such wife or children.
(b) The board may retain out of any future annuity, refund, or
disability benefit payments such amount or amounts as it may require
for the repayment of any moneys paid to any annuitant, pensioner, refund
applicant, or disability beneficiary through misrepresentation, fraud or
error. Any such action of the board shall relieve and release the board
and the fund from any liability for any moneys so withheld.
(c) Whenever an annuity or disability benefit is payable to a minor or
to a person certified by a medical doctor to be under legal
disability, the board, in its discretion and when it is in the best
interest of the person concerned, may waive guardianship or conservatorship
proceedings and pay the annuity or benefit to the person providing or caring
for the minor or person under legal disability.
In the event that a person certified by a medical doctor to be under legal
disability (i) has no spouse, blood relative, or other person providing or
caring for him or her, (ii) has no guardian of his or her estate, and (iii) is
confined to a Medicare approved, State certified nursing home or to a publicly
owned and operated nursing home, hospital, or mental institution, the Board
may pay any benefit due that person to the nursing home, hospital, or mental
institution, to be used for the sole benefit of the person under legal
disability.
Payment in accordance with this subsection to a person, nursing
home, hospital, or mental institution for the benefit of a minor or person
under legal disability shall be an absolute discharge of the Fund's liability
with respect to the amount so paid. Any person, nursing home, hospital, or
mental institution accepting payment under this subsection shall notify the
Fund of the death or any other relevant change in the status of the minor or
person under legal disability.
(d) Whenever an annuitant, applicant for refund or disability
beneficiary disappears and his whereabouts are unknown, and it cannot be
ascertained that he is alive, there shall be paid to his wife or
children or both such amount as will not be in excess of the amount
payable to them in the event such annuitant, applicant for refund or
disability beneficiary had died on the date of disappearance. If he
returns, or upon satisfactory proof of his being alive, the amount
theretofore paid to such beneficiaries shall be charged against any
moneys payable to him under this Article as though such payment to such
beneficiaries had been an allowance to them out of the moneys payable to
the employee as an annuitant, applicant for refund or disability
beneficiary.
(Source: P.A. 91-887, eff. 7-6-00.)
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40 ILCS 5/11-223.1
(40 ILCS 5/11-223.1) (from Ch. 108 1/2, par. 11-223.1)
Sec. 11-223.1. Assignment for health, hospital, and medical insurance. The board may provide, by regulation, that any annuitant or pensioner
may assign his annuity or disability benefit, or any part thereof, for the
purpose of premium payment for a membership for the annuitant, and his or
her spouse and children, in a hospital care plan or
medical surgical plan, provided, however, that the board may, in its
discretion, terminate the right of assignment. Any such hospital or medical
insurance plan may include provision for the beneficiaries thereof who rely
on treatment by spiritual means alone through prayer for healing in
accordance with the tenets and practice of a well-recognized religious
denomination.
Upon the adoption of a regulation permitting such assignment, the board
shall establish and administer a plan for the maintenance of the insurance
plan membership by the annuitant or pensioner.
(Source: P.A. 100-23, eff. 7-6-17; 100-863, eff. 8-14-18.)
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40 ILCS 5/11-223.2
(40 ILCS 5/11-223.2) (from Ch. 108 1/2, par. 11-223.2)
Sec. 11-223.2.
Notification of assignment.
The annuitant or pensioner shall notify the board in writing of the
assignment of his annuity or disability benefit for payment of health,
hospital or medical insurance premiums. Such notification of assignment is
authorization for the board to make insurance premium payments for the
benefit of the annuitant or pensioner out of his annuity or disability
benefit.
(Source: Laws 1965, p. 2290.)
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40 ILCS 5/11-223.3
(40 ILCS 5/11-223.3) (from Ch. 108 1/2, par. 11-223.3)
Sec. 11-223.3.
Termination of assignment.
Any notification of assignment and authorization to make insurance
premium payments shall cease;
(a) upon written notice to the board of termination of the assignment by
the annuitant or pensioner, or
(b) upon expiration of the time during which such assignment and payment
of premiums is authorized.
(Source: Laws 1965, p. 2290.)
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40 ILCS 5/11-223.4
(40 ILCS 5/11-223.4) (from Ch. 108 1/2, par. 11-223.4)
Sec. 11-223.4.
Notification forms.
The board shall prescribe a form or forms to be used for the
notification of assignment required by Section 11-223.2. The board shall
also prescribe a form or forms to be used for the notification of
termination of assignment and authorization to make insurance premium
payments as provided in Section 11-223.3.
(Source: Laws 1965, p. 2290.)
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40 ILCS 5/11-224
(40 ILCS 5/11-224) (from Ch. 108 1/2, par. 11-224)
Sec. 11-224.
Board members-No compensation.
No member of the board shall receive any moneys from the fund as salary
for service performed as a member or as an employee of the board.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/11-225
(40 ILCS 5/11-225) (from Ch. 108 1/2, par. 11-225)
Sec. 11-225.
No commissions on investments.
No member of the board, and no person officially connected with the
board, as employee, legal advisor, custodian of the fund or otherwise,
shall have any right to receive any commission or other remuneration on
account of any investment made by the board, nor shall any such person act
as the agent of any other person concerning any such investment.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/11-226
(40 ILCS 5/11-226) (from Ch. 108 1/2, par. 11-226)
Sec. 11-226.
Duties of municipal officers.
The proper officers of the city and of the board of education and of
the retirement board without cost to the fund, shall:
(a) deduct all sums required to be deducted from the
salaries of
employees, and pay such sums to the board in such manner as the board
shall specify;
(b) furnish the board on the first day of each month, information
regarding the employment of any employee, and of all discharges,
resignations and suspensions from the service, deaths, and changes in
salary which have occurred during the preceding month, with the dates
thereof;
(c) procure for the board in such form as the board specifies, all
information on an employee as to the service, age, salary, residence,
marital status and data concerning their dependents, including
information relative to the service rendered by the employee prior to
the effective date;
(d) keep such records concerning employees as the board may
reasonably require and shall specify.
(Source: P.A. 81-1536.)
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40 ILCS 5/11-227
(40 ILCS 5/11-227) (from Ch. 108 1/2, par. 11-227)
Sec. 11-227.
Age of employee.
For any employee who has filed an application for appointment to the
service of an employer or retirement board, the age stated therein shall be
conclusive evidence against the employee of his age for the purposes of
this Article, but the board may decide any claim for any annuity, benefit,
refund or payment according to the age of the employee as shown by other
evidence satisfactory to it.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/11-228
(40 ILCS 5/11-228) (from Ch. 108 1/2, par. 11-228)
Sec. 11-228.
Office facilities.
Suitable rooms for office and meetings of the board shall be assigned by
the mayor of the city.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/11-229
(40 ILCS 5/11-229) (from Ch. 108 1/2, par. 11-229)
Sec. 11-229.
Compliance with article.
All officers, officials, and employees of the city or of such board of
education or of any retirement board concerned shall perform any and all
acts required to carry out the intent and purposes of this Article.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/11-230
(40 ILCS 5/11-230) (from Ch. 108 1/2, par. 11-230)
Sec. 11-230. Felony conviction. None of the benefits provided in this Article shall be paid to any
person who is convicted of any felony relating to or arising out of or in
connection with his service as employee.
None of the benefits provided for in this Article shall be paid to any person who otherwise would receive a survivor benefit who is convicted of any felony relating to or arising out of or in connection with the service of the employee from whom the benefit results. This Section shall not operate to impair any contract or vested right
heretofore acquired under any law or laws continued in this Article, nor to
preclude the right to a refund, and for the changes under Public Act 100-334, shall not impair any contract or vested right acquired by a survivor prior to August 25, 2017 (the effective date of Public Act 100-334).
Any refund required under this Article shall be calculated based on that person's contributions to the Fund, less the amount of any annuity benefit previously received by the person or his or beneficiaries. The changes made to this Section by Public Act 100-23 apply only to persons who first become members or participants under this Article on or after July 6, 2017 (the effective date of Public Act 100-23). All future entrants entering service after July 11, 1955, shall be
deemed to have consented to the provisions of this Section as a condition
of coverage, and all participants entering service subsequent to August 25, 2017 (the effective date of Public Act 100-334) shall be deemed to have consented to the provisions of Public Act 100-334 as a condition of participation.
(Source: P.A. 100-23, eff. 7-6-17; 100-334, eff. 8-25-17; 100-863, eff. 8-14-18.)
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40 ILCS 5/11-231
(40 ILCS 5/11-231) (from Ch. 108 1/2, par. 11-231)
Sec. 11-231.
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
as defined in Section 3-101 of the Code of Civil Procedure.
(Source: P.A. 82-783.)
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40 ILCS 5/11-232
(40 ILCS 5/11-232) (from Ch. 108 1/2, par. 11-232)
Sec. 11-232.
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/Art. 12
(40 ILCS 5/Art. 12 heading)
ARTICLE 12.
PARK EMPLOYEES' AND RETIREMENT BOARD EMPLOYEES' ANNUITY AND
BENEFIT FUND--CITIES OVER 500,000
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40 ILCS 5/12-101
(40 ILCS 5/12-101) (from Ch. 108 1/2, par. 12-101)
Sec. 12-101.
Creation of fund.
In each city of more than 500,000
population, and having a board of park commissioners, under and in
pursuance of an Act of the General Assembly, for the purpose of locating,
establishing and enclosing, improving or maintaining any public park,
boulevard, driveway, or highway or other public work or improvement, an
annuity and benefit fund, hereinafter referred to as the "fund", shall be
created, maintained, administered and disbursed in the manner described in
this Article for the employees of such board as described in "An Act
relating to the civil service in park systems", approved June 10, 1911, as
amended, including employees in the classified service, and all persons in
exempt positions, and employees of the retirement board charged herein with
the duty of administering such fund, and for the surviving spouses and
children of such employees.
It is the intention of this Article that any employee or former
employee of a board of park commissioners or of the retirement board,
shall be deemed to have been an employee during all time heretofore that
the employee shall have been in such service, and that this Article
shall be construed to be retroactive in effect.
Participation in the fund by any person entering the service of the board
of park commissioners or the retirement board shall be effective only upon
completion of 6 months of continuous service, except that beginning July 1,
1991, this 6-month qualification period shall not apply to any person
employed in a position requiring service for 6 months or more in a calendar
year who would be exempted from mandatory participation in the federal
Social Security program by virtue of his participation in the fund.
Contributions to the fund shall begin with the payroll period next
following that in which the qualification period ends, or if no
qualification period is required, upon the commencement of employment.
The right to any annuity or benefit shall accrue from the date when such
contributions begin.
Any employee shall have the right to make contributions for retirement
and spouse's annuity purposes for the qualification period
prior to membership upon completing 10 years of service or attaining age 60
whichever event first occurs. Any person who entered service for the first
time on or before September 16, 1980 at age 60 or over may contribute and
receive credit for all service rendered prior to his date of entry into
the fund. These contributions shall be based upon the salary and rate
of contributions in effect at the date of his entry into the fund, plus
regular interest compounded annually from the end of the waiting period to
the date the contributions are made, whereupon credit as service for such
period shall be granted the employee.
The provisions of the "Exchange of Functions Act of 1957", approved
July 5, 1957, as heretofore or hereafter amended, to the extent that
they apply to and affect the fund herein established, are incorporated
into and made a part of this Article by express reference. Employees of
a park district, other than park policemen, transferred to the
employment of a city pursuant to said Act, if members of the fund herein
established, shall remain members of said fund, and their rights,
credits and equities therein shall remain unimpaired by such transfer of
employment.
(Source: P.A. 87-794.)
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40 ILCS 5/12-102
(40 ILCS 5/12-102) (from Ch. 108 1/2, par. 12-102)
Sec. 12-102.
Terms defined.
The terms used in this Article shall have the meanings ascribed to them
in Sections 12-103 to 12-126, inclusive, except when the context
otherwise requires.
(Source: Laws 1963, p. 161 .)
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40 ILCS 5/12-103
(40 ILCS 5/12-103) (from Ch. 108 1/2, par. 12-103)
Sec. 12-103.
The 1919 Act.
"The 1919 Act": "An Act to provide for the creation, setting apart,
formation, administration and disbursement of a park employees' and
retirement board employees' annuity and benefit fund", approved June 21,
1919, as amended.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/12-104
(40 ILCS 5/12-104) (from Ch. 108 1/2, par. 12-104)
Sec. 12-104.
Exchange of Functions Act of 1957.
"Exchange of Functions Act of 1957": "An Act in relation to an exchange
of certain functions, property and personnel among cities and park
districts having coextensive geographic areas and populations in excess of
500,000", approved July 5, 1957, as amended.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/12-105
(40 ILCS 5/12-105) (from Ch. 108 1/2, par. 12-105)
Sec. 12-105.
Retirement board or board.
"Retirement board" or "board": The board of trustees of the Park
Employees' and Retirement Board Employees' Annuity and Benefit Fund as
created and constituted in this Article.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/12-106
(40 ILCS 5/12-106) (from Ch. 108 1/2, par. 12-106)
Sec. 12-106.
Actuarial tables.
"Actuarial tables": The American Experience Table of Mortality and 4%
interest for any present employee or future entrant who was a
participant or contributor to the fund on June 30, 1959, and for their
widows or other beneficiaries, except as to reserves on annuities for
the computation of which the Combined Annuity Mortality Table and 4%
interest shall be used, and the Combined Annuity Mortality Table and 4%
interest for any future entrant whose first participation in the fund
began on or after July 1, 1959, and for his widow or other
beneficiaries.
All annuities and reserves on annuities, present or prospective,
except as may otherwise be provided, shall be computed according to such
actuarial tables and regular interest, as herein defined: provided, however,
that effective as of July 1, 1979 the actuarial table and rate of interest
to be used shall be that adopted by the retirement board upon recommendation
of the actuary.
(Source: P.A. 81-698.)
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40 ILCS 5/12-107
(40 ILCS 5/12-107) (from Ch. 108 1/2, par. 12-107)
Sec. 12-107.
Reserve.
"Reserve": when applied to an annuity means the present value, according
to the applicable actuarial tables and rate of interest, of the payments to
be made on account of such annuity.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/12-108
(40 ILCS 5/12-108) (from Ch. 108 1/2, par. 12-108)
Sec. 12-108.
Highest salary.
"Highest salary": The highest rate of salary received by an employee
during his total service.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/12-109
(40 ILCS 5/12-109) (from Ch. 108 1/2, par. 12-109)
Sec. 12-109.
Service.
"Service": Employment by an employer in a position
covered by this Article, including (a) actual employment in pay status,
(b) periods of approved leaves of absence for which contributions are made
by the employee, (c) periods of military
service for which credit is granted, and (d) periods for which contribution
credits are granted during disability.
(Source: P.A. 81-1536.)
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40 ILCS 5/12-111
(40 ILCS 5/12-111) (from Ch. 108 1/2, par. 12-111)
Sec. 12-111.
Withdrawal or withdraws.
"Withdrawal" or "withdraws": Resignation, separation or discharge from
service as an employee from any position to which a person has civil
service status and may be subject to re-employment in the classified civil
service under "An Act relating to the civil service in park systems",
approved June 10, 1911, as amended.
(Source: Laws 1963, p. 2177.)
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40 ILCS 5/12-112
(40 ILCS 5/12-112) (from Ch. 108 1/2, par. 12-112)
Sec. 12-112.
Future entrant.
"Future entrant": An employee who entered service after July 1, 1919,
or, as applied to an employee of the board, an employee who entered service
after July 1, 1937.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/12-114
(40 ILCS 5/12-114) (from Ch. 108 1/2, par. 12-114)
Sec. 12-114.
Regular interest.
"Regular interest": Interest at the rate
prescribed by the Board upon recommendation of the actuary for all employees,
spouses or other beneficiaries.
(Source: P.A. 87-1265.)
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40 ILCS 5/12-115
(40 ILCS 5/12-115) (from Ch. 108 1/2, par. 12-115)
Sec. 12-115.
Present value.
"Present value": The amount of funds presently required to provide an
annuity or benefit at some future date when computed according to the
actuarial tables.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/12-116
(40 ILCS 5/12-116) (from Ch. 108 1/2, par. 12-116)
Sec. 12-116. Fiscal year.
"Fiscal year": For periods prior to July 1, 2012, the year commencing with July 1st and ending with June
30th next following. Beginning January 1, 2013, the year commencing January 1 and ending December 31. The fiscal year which begins July 1, 2012 shall end December 31, 2012.
(Source: P.A. 97-973, eff. 8-16-12.)
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40 ILCS 5/12-117
(40 ILCS 5/12-117) (from Ch. 108 1/2, par. 12-117)
Sec. 12-117.
Contributions.
"Contributions": Amounts deducted from the salary or amounts otherwise
paid by an employee for the purposes
of this Article.
(Source: P.A. 81-1536.)
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40 ILCS 5/12-118
(40 ILCS 5/12-118) (from Ch. 108 1/2, par. 12-118)
Sec. 12-118.
Employee.
"Employee": Any person in the service of a board
of park commissioners as described in Section 12-101, or employees of the
board, except (a) any person employed in any position requiring service of
less than 90 hours during a monthly period, or, beginning July 1, 1991, in
any position requiring service of less than 6 months during a calendar
year, unless that person is already a member of the fund, and (b) any
employee of a city or district transferred to the employment of a park
district by virtue of the Exchange of Functions Act of 1957.
(Source: P.A. 86-272; 87-794.)
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40 ILCS 5/12-118.1
(40 ILCS 5/12-118.1) (from Ch. 108 1/2, par. 12-118.1)
Sec. 12-118.1.
Employee annuitant.
"Employee annuitant": An employee who has withdrawn from service and has
been granted a service retirement annuity.
(Source: Laws 1965, p. 1936.)
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40 ILCS 5/12-118.2
(40 ILCS 5/12-118.2) (from Ch. 108 1/2, par. 12-118.2)
Sec. 12-118.2.
Gender.
The masculine gender whenever used in this Article includes the feminine
gender and all annuities and other benefits applicable to male employees
and their survivors, and the contributions to be made for widows' annuities
or other annuities, benefits, and refunds shall apply with equal force to
female employees and their survivors, without any modification or
distinction whatsoever.
(Source: P.A. 78-1129.)
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40 ILCS 5/12-119
(40 ILCS 5/12-119) (from Ch. 108 1/2, par. 12-119)
Sec. 12-119.
Transferred employee.
"Transferred employee": An employee who was transferred to the
employment of a city by virtue of "An Act in relation to an exchange of
certain functions, property and personnel among cities and park districts
having coextensive geographic areas and populations in excess of 500,000",
approved July 5, 1957, as amended. A park policeman shall not be included
as being a transferred employee within the meaning of this Article.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/12-120
(40 ILCS 5/12-120) (from Ch. 108 1/2, par. 12-120)
Sec. 12-120.
Employer.
"Employer": Any board of park commissioners referred to in this Article
and the retirement board defined in this Article. Effective January 1,
1959, "employer" shall also include any city to which is transferred by
virtue of the "Exchange of Functions Act of 1957" the employment of
employees of a park district (other than park policemen) who are members of
the fund established by "The 1919 Act".
(Source: Laws 1963, p. 161.)
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40 ILCS 5/12-121
(40 ILCS 5/12-121) (from Ch. 108 1/2, par. 12-121)
Sec. 12-121.
Leave of absence.
"Leave of absence": Absence from service for a temporary period on
permission given by the employer upon written request of the employee.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/12-122
(40 ILCS 5/12-122) (from Ch. 108 1/2, par. 12-122)
Sec. 12-122.
Salary.
"Salary":
(a) The annual salary of any employee whose salary is on a yearly basis;
(b) 12 times the amount of the salary per month of an employee whose salary
is on a monthly basis; (c) 52 times the amount of the salary per week of an
employee whose salary is on a weekly basis; (d) 260 times the amount of the
salary per day of an employee whose salary is on a daily basis or 2,080
times the amount of the salary per hour of an employee whose salary is on
an hourly basis. The number of days or hours in excess of the maximum
prescribed by the employer shall not be considered; (e) the maximum annual
salary when arranged on a yearly basis to be considered for contributions
and benefits for the various purposes of this Article for the periods
specified shall be as follows: July 1, 1919 to June 30, 1921, inclusive,
$2,500; July 1, 1921 to July 20, 1947, inclusive, $3,000; July 21, 1947, to
June 30, 1951, inclusive, $4,800; July 1, 1951 to June 30, 1957, inclusive,
$6,000; July 1, 1957 and thereafter, no maximum limitation; (f) the maximum
annual salary where arranged on other than a yearly basis to be considered
for contributions and benefits for the various purposes of this Article for
the periods prior to the effective date of the formulas specified in
paragraph (b), (c) or (d) of this section, shall be computed in accordance
with the applicable law in force during such periods.
Salary for part-time employment in positions of a seasonal or part-time
character shall be computed in accordance with the foregoing standards as
the same may be applicable for the respective periods of employment under
rules established by the board.
(Source: P.A. 78-266.)
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40 ILCS 5/12-123
(40 ILCS 5/12-123) (from Ch. 108 1/2, par. 12-123)
Sec. 12-123.
Age.
"Age": Age at the latest birthday. In the computation of any
retirement annuity, the actuarial factor shall be prorated for the
number of days between the employee's last birthday and his age on the
effective date of the annuity.
(Source: P.A. 86-272.)
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40 ILCS 5/12-123.1
(40 ILCS 5/12-123.1) (from Ch. 108 1/2, par. 12-123.1)
Sec. 12-123.1.
Surviving spouse.
Surviving spouse: The spouse of an
active employee on the date of the employee's death; the spouse of an
inactive member on the date of separation from park service, unless the
member has subsequent service with another pension fund or retirement system
under the Retirement Systems Reciprocal Act and elects to receive a
retirement annuity calculated under that Act; the spouse of an annuitant on the
date of retirement. If the marriage terminates after the inactive member
separates from service or the member retires, the former spouse is no longer
eligible for benefits as the surviving spouse. The term "widow" means
"surviving spouse" for the purposes of this Article.
(Source: P.A. 87-1265.)
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40 ILCS 5/12-124
(40 ILCS 5/12-124) (from Ch. 108 1/2, par. 12-124)
Sec. 12-124.
Fixation of annuity; limitation on reversionary annuity.
"Fixation of annuity": As applied to a service annuity or prior
service annuity or a surviving spouse's annuity, the final
determination of the annuity at the date of retirement.
A reversionary annuity calculated after January 1, 1990 may not be
more than 75% of the service annuity granted to the employee annuitant on
the date of retirement unless the minimum annuity to the surviving spouse
payable under Section 12-135.1 exceeds the 75% maximum payable, in which
case the minimum will be payable.
(Source: P.A. 90-655, eff. 7-30-98.)
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40 ILCS 5/12-125
(40 ILCS 5/12-125) (from Ch. 108 1/2, par. 12-125)
Sec. 12-125.
Reversionary annuity.
"Reversionary annuity": A deferred annuity
computed according to the applicable actuarial table, based on employee and
employer contributions for surviving spouse's service annuity and surviving
spouse's prior service annuity, and payable to the beneficiary during lifetime,
or other stated period, only if the beneficiary survives the employee receiving
a retirement annuity and qualifies as the surviving spouse under Section
12-123.1.
(Source: P.A. 87-1265.)
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40 ILCS 5/12-125.1
(40 ILCS 5/12-125.1) (from Ch. 108 1/2, par. 12-125.1)
Sec. 12-125.1.
Optional reversionary annuity.
"Optional reversionary annuity": A deferred annuity derived from part of
the actuarial value of an employee's retirement annuity, computed according
to the applicable actuarial tables and payable during the lifetime of the
beneficiary only if the beneficiary survives the employee receiving a
retirement annuity and qualifies as the surviving spouse under
Section 12-123.1.
(Source: P.A. 87-1265.)
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40 ILCS 5/12-126
(40 ILCS 5/12-126) (from Ch. 108 1/2, par. 12-126)
Sec. 12-126.
Actuarial equivalent.
"Actuarial equivalent": An annuity or benefit of equal value to the
accumulated contributions, annuity or other benefit, when computed upon the
basis of the actuarial tables in use by the fund.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/12-127
(40 ILCS 5/12-127) (from Ch. 108 1/2, par. 12-127)
Sec. 12-127. Computation of service.
(a) If an employee during any leave of absence for 30 days or more
without pay who is not receiving ordinary disability or duty disability
benefits contributes the percentage of salary theretofore deducted from
his salary for annuity purposes, the employer shall contribute
corresponding amounts for such purposes. Payment for any approved leave
of absence shall not be valid unless made during such absence or within
30 days from expiration thereof. The aggregate of leaves of absence for
which contributions may be made during the entire employee's service
shall be 1 year.
(b) In computing service, credit shall be given for all leaves of
absence subject to the limitations specified in the following paragraph
during the time an employee was engaged in the military or naval service
of the United States of America during the years 1914 to 1919,
inclusive, or between September 16, 1940, and July 25, 1947, or between
June 25, 1950, and January 31, 1955, and any such service rendered after
January 31, 1955, and who within 180 days subsequent to the completion of
military or naval service re-enters the service of the employer.
The total credit any employee shall receive for military or naval
service during the entire term of service as an employee shall be
subject to the following conditions and limitations:
(1) if entry into military or naval service occurs | | after July 1, 1961, the total credit shall not exceed 3 years;
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(2) if entry into military or naval service occurred
| | on or prior to July 1, 1961, the total credit shall not exceed 5 years;
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(3) an employee who on July 1, 1961, had accrued more
| | than 5 years of such military or naval service shall be entitled to the total amount of such accrued credit.
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The contributions an employee would have made during the period of
such military or naval service, together with the prescribed employer
contributions, shall be made by the employer and shall be based on the
salary for the position occupied by the employee on the date of
commencement of the leave of absence.
(c) For all purposes of this Article except the provisions of
Section 12-133, the following shall constitute a year of service in any
fiscal year for salary payable according to the basis specified: Monthly
Basis: 4 months; Weekly Basis: 17 weeks; Daily Basis: 100 days; Hourly
Basis: 800 hours, except that in the case of an employee becoming a
participant of the fund on and after July 1, 1973, the following
schedule shall govern for all purposes of this Article: Service during 9
months or more in any fiscal year shall constitute a year of service; 6
to 8 months, inclusive, 3/4 of a year; 3 to 5 months, inclusive, 1/2
year; less than 3 months, 1/4 of a year; 15 days or more in any month, a
month of service. However, for the 6-month fiscal year July 1, 2012 through December 31, 2012, the amount of service earned shall not exceed 1/2 year.
(d) The periods an employee received ordinary or duty disability
benefit shall be included in the computation of service.
(e) Upon receipt of the specified payment, credits transferred to a
fund established under this Article pursuant to subsection (d) of Section
8-226.1, subsection (d) of Section 9-121.1, or Section
14-105.1 of this Code shall be included in the computation
of service.
(f) A contributing employee may establish additional
service credit for a period of up to 2 years spent in active military
service for which he or she does not qualify for credit under subsection
(b), provided that (1) the person was not dishonorably discharged from the
military service, and (2) the amount of service credit established by the
person under this subsection (f), when added to the amount of any military
service credit granted to the person under subsection (b), shall not exceed
5 years. In order to establish military service credit under this
subsection (f), the applicant must submit a written application to the
Fund, including a copy of the applicant's discharge from military service,
and pay to the Fund (1) employee contributions at the rates provided in
this Article based upon the person's salary on the last date as a
participating employee prior to the military service, or on the first date
as a participating employee after the military service, whichever is
greater, plus (2) an amount determined by the board to be equal to the
employer's normal cost of the benefits accrued for such military service,
plus (3) regular interest on items (1) and (2) from the date of conclusion
of the military service to the date of payment. Contributions must be paid
in a single lump sum before the credit will be granted. Credit established
under this subsection may be used for pension purposes only.
(g) A contributing employee may establish additional service credit for a
period of up to 5 years of employment by the United States federal government
for which he or she does not qualify for credit under any other provision of
this Article, provided that (1) the amount of service credit established by the
person under this subsection (g), when added to the amount of all military
service credit granted to the person under subsections (b) and (f), shall not
exceed 5 years, and (2) any credit received for the federal employment in any
other public pension fund or retirement system has been terminated or
relinquished.
In order to establish service credit under this subsection (g), the
applicant must submit a written application to the Fund, including such
documentation of the federal employment as the Board may require, and pay
to the Fund (1) employee contributions at the rates provided in
this Article based upon the person's salary on the last date as a
participating employee prior to the federal service, or on the first date
as a participating employee after the federal service, whichever is
greater, plus (2) an amount determined by the Board to be equal to the
employer's normal cost of the benefits accrued for such federal service,
plus (3) regular interest on items (1) and (2) from the date of conclusion
of the federal service to the date of payment. Contributions must be paid
in a single lump sum before the credit is granted. Credit established
under this subsection may be used for pension purposes only.
(Source: P.A. 97-973, eff. 8-16-12.)
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40 ILCS 5/12-127.1
(40 ILCS 5/12-127.1) (from Ch. 108 1/2, par. 12-127.1)
Sec. 12-127.1.
Transfer to General Assembly Retirement System.
(a) Any active (and until April 1, 1993, any former) member of the
General Assembly Retirement System may apply for transfer of his credits
and creditable service accumulated under this Fund to the General Assembly
System. Such credits and creditable service shall be transferred
forthwith. Payment by this Fund to the General Assembly Retirement System
shall be made at the same time and shall consist of:
(1) the amounts accumulated to the credit of the | | applicant, including interest, on the books of the Fund on the date of transfer, but excluding any additional or optional credits, which credits shall be refunded to the applicant; and
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(2) municipality credits computed and credited under
| | this Article, including interest, on the books of the Fund on the date the member terminated service under the Fund.
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Participation in this Fund as to any credits transferred under this
Section shall terminate on the date of transfer.
(b) An active (and until April 1, 1993, a former) member of the General
Assembly who has service credits and creditable service under the Fund may
establish additional service credits and creditable service for periods during
which he was an elected official and could have elected to participate but did
not so elect. Service credits and creditable service may be established by
payment to the fund of an amount equal to the contributions he would have made
if he had elected to participate, plus interest to the date of payment.
(c) An active (and until April 1, 1993, a former) member of the General
Assembly may reinstate service and service credits terminated upon receipt of a
separation benefit, by payment to the Fund of the amount of the separation
benefit plus interest thereon to the date of payment.
(d) An active member of the General Assembly having no service credits
or creditable service in the Fund may establish service credit and
creditable service for periods during which he was employed by the board of
park commissioners or the retirement board but did not participate in the
Fund, by paying to the Fund prior to July 1, 1992 an amount equal to the
contributions he would have made if he had participated, plus interest
thereon at 6% per annum compounded annually from such period to the date of
payment.
Any active member of the General Assembly may apply for transfer of his
credits and creditable service established under this subsection (d) to any
annuity and benefit fund established under Article 8 of this Act. Such
credits and creditable service shall be transferred forthwith, together
with a payment from this Fund to the designated Article 8 fund consisting
of the amounts accumulated to the credit of the applicant under this
subsection (d), including the corresponding employer contributions and
interest, on the books of the Fund on the date of transfer. Participation
in this Fund as to any credits transferred under this subsection shall
terminate on the date of transfer.
(Source: P.A. 86-1488; 87-1265.)
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40 ILCS 5/12-127.5
(40 ILCS 5/12-127.5) (from Ch. 108 1/2, par. 12-127.5)
Sec. 12-127.5.
Transfer of creditable service to Article 5 fund.
Pursuant to Section 5-234 of this Code, a police officer who is a
participant in a pension fund established under
Article 5 of this Code may apply for transfer of his credits and creditable
service accumulated under this Fund to such Article 5 fund. Such
creditable service shall be transferred forthwith. Payment by this Fund to
the Article 5 fund shall be made at the same time and shall consist of:
(1) the amounts accumulated to the credit of the applicant, including
interest, on the books of the Fund on the date of transfer, but excluding
any additional or optional credits, which credits shall be refunded to the
applicant; and
(2) employer contribution credits computed and credited under this Article,
including interest, on the books of the Fund on the date the member
terminated service under the Fund.
Participation in this Fund as to any credits transferred under this
Section shall terminate on the date of transfer.
(Source: P.A. 86-272.)
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40 ILCS 5/12-128
(40 ILCS 5/12-128) (from Ch. 108 1/2, par. 12-128)
Sec. 12-128.
Annuities provided.
A service annuity shall be provided for
future entrants and present employees.
A prior service annuity shall be provided for present employees. A
widow's prior service annuity shall be provided for widows of present
employees. A widow's service annuity shall be provided for widows of future
entrants and present employees.
A retirement annuity shall consist of a service annuity and a prior
service annuity where applicable, and a widow's annuity shall consist of a
widow's service annuity and a widow's prior service annuity, where
applicable.
If the total annuities to an employee from accumulation for prior
service annuity and service annuity, or to a widow for widow's service
annuity and widow's prior service annuity, as an actuarial equivalent of
such accumulations, effective on or after July 1, 1983 are
less than $100 per month, a temporary annuity of $100
per month shall be payable to the employee or widow, except in the case
of a reciprocal pension.
Except as to a temporary annuity, the annuity payable to an employee or
widow shall consist of equal monthly payments for life or widowhood,
provided that upon termination thereof due to death or other cause, payment
shall be made for the period from the date of the last payment to the date
of termination. The first payment of any annuity shall be due and payable 1
month after the occurrence of the event upon which payment thereof depends;
provided, that as to annuities effective July 1, 1973, and thereafter
payments shall be made as of the first day of each calendar month during
the annuity payment period, the first payment to be made as of the first
day of the calendar month coincidental with or next following the first day
of the annuity payment period and the last payment to be made as of the
first day of the calendar month in which the annuitant dies or the annuity
payment period ends.
(Source: P.A. 86-272.)
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40 ILCS 5/12-130
(40 ILCS 5/12-130) (from Ch. 108 1/2, par. 12-130)
Sec. 12-130. Retirement prior to age 60. An employee withdrawing prior
to January 1, 1990 with at least 10 years of service and before attainment
of age 55 shall be entitled at his option to a retirement annuity beginning at age 55.
An employee withdrawing prior to January 1, 1990 with at least 10 years
of service upon or after attainment of age 55, and before age 60, shall be
entitled to a retirement annuity beginning at any time thereafter.
An employee who withdraws on or after January 1, 1990 with at least 10
years of service and prior to age 60 shall be entitled, at his option, to a
retirement annuity beginning at any time after withdrawal or attainment of
age 50, whichever occurs later.
Any employee upon withdrawal after at least 15 years of service, upon
or after attainment of age 50, and before attainment of age 55, who
received ordinary disability benefit for the maximum period of time
provided herein, and who continues to be disabled, shall be entitled to
a retirement annuity.
The amount of retirement annuity for any employee who entered service
prior to July 1, 1971 shall be provided from the total of the
accumulations as stated in this Section, at the employee's attained age
on the date of retirement:
(a) the accumulation from employee contributions for | | service annuity on the date of withdrawal, improved by regular interest from the date the employee withdraws to the date he enters upon annuity;
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(b) 1/10 of the accumulation, on the date of
| | withdrawal, from employer contributions for service annuity, for each complete year of service above 10 years up to 100% of such accumulation, improved by regular interest from the date the employee withdraws to the date he enters upon annuity.
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(Source: P.A. 102-263, eff. 8-6-21.)
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40 ILCS 5/12-131
(40 ILCS 5/12-131) (from Ch. 108 1/2, par. 12-131)
Sec. 12-131.
Retirement at age 60 or over.
An employee, upon
withdrawal upon or after age 60 with 4 or more years of service, shall
be entitled to a retirement annuity. Such annuity for an employee who
entered service prior to July 1, 1971 shall be that provided, as of his
age on the date of retirement, from the total of the accumulations
described below:
(a) the accumulation from employee contributions for service annuity
on the date of withdrawal, improved by
regular interest to the date when he enters upon retirement annuity;
(b) the accumulation from the contributions by the employer for
service annuity, on the date of the employee's withdrawal, improved by
regular interest to the date when he enters upon retirement annuity.
(Source: P.A. 86-272.)
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40 ILCS 5/12-132.1
(40 ILCS 5/12-132.1) (from Ch. 108 1/2, par. 12-132.1)
Sec. 12-132.1.
Employees still in service whose annuities were fixed
at age 70 prior to July 1, 1988. For all employees who have not withdrawn
from service or retired, whose annuities were fixed under prior law at age
70, prior to July 1, 1988, contributions and service credits shall be
resumed on January 1, 1990. However, no contributions or service credits
shall be permitted from the time that annuities were fixed to January 1, 1990.
(Source: P.A. 86-272.)
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40 ILCS 5/12-133
(40 ILCS 5/12-133)
(from Ch. 108 1/2, par. 12-133)
Sec. 12-133. Fixed benefit retirement annuity.
(a) Subject to the provisions of paragraph (b) of this Section, the
retirement annuity for any employee who withdraws from service on or after
January 1, 1983 and before January 1, 1990, at age 60 or over, having at
least 4 years of service, shall be 1.70% for each of the first 10 years of
service; 2.00% for each of the next 10 years of service; 2.40% for each
year of service in excess of 20 but not exceeding 30; and 2.80% for each
year of service in excess of 30, with a pro-rated amount for service of
less than a full year, based upon the highest average annual salary for any
4 consecutive years within the last 10 years of service immediately
preceding the date of withdrawal, provided that: (1) if retirement of the
employee occurs below age 60, such annuity shall be reduced 1/2 of 1% for
each month or fraction thereof that the employee's age is less than 60,
except that an employee retiring at age 55 or over but less than age 60,
having at least 35 years of service, shall not be subject to the reduction
in his retirement annuity because of retirement below age 60; (2) the
annuity shall not exceed 75% of such average annual salary; (3) the actual
salary shall be considered in the computation of this annuity.
The retirement annuity for any employee who withdraws from service on or
after January 1, 1990 and prior to December 31, 2003 at age 50 or over with
at least 10 years of service, or
at age 60 or over with at least 4 years of service, shall be 1.90%
for each of the first 10 years of service, 2.20% for each of the next 10 years
of service, 2.40% for each of the next 10 years of service, and
2.80% for each year of service in excess of 30, with a pro-rated amount for
service of less than a full year, based upon the highest average annual
salary for any 4 consecutive years within the last 10 years of service
immediately preceding the date of withdrawal, provided that:
(1) if retirement of the employee occurs below age | | 60, such annuity shall be reduced 1/4 of 1% (1/2 of 1% in the case of withdrawal from service before January 1, 1991) for each month or fraction thereof that the employee's age is less than 60, except that an employee retiring at age 50 or over having at least 30 years of service shall not be subject to the reduction in retirement annuity because of retirement below age 60;
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(2) the annuity shall not exceed 80% of such average
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(3) the actual salary shall be considered in the
| | computation of this annuity.
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An employee who withdraws from service on or after December 31, 2003, at
age 50 or over with at least 10 years of service or at age 60 or over with at
least 4 years of service, shall receive, in lieu of any other retirement
annuity provided for in this Section, a retirement annuity calculated as
follows: for each year of service immediately preceding the date of withdrawal,
2.40% of the highest average annual salary for any 4 consecutive years within
the last 10 years of service immediately preceding the date of withdrawal, with
a prorated amount for service of less than a full year, provided that:
(1) if retirement of the employee occurs below age
| | 60, such annuity shall be reduced 1/4 of 1% for each month or fraction thereof that the employee's age is less than 60, except that an employee retiring at age 50 or over having at least 30 years of service shall not be subject to the reduction in retirement annuity because of retirement below age 60;
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(2) the annuity shall not exceed 80% of such average
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(3) the actual salary shall be considered in the
| | computation of this annuity.
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Notwithstanding any other formula, the annuity for employees retiring on or
after January 31, 2004 and on or before February 29, 2004 with at least 30 years of
service shall be 80% of average annual salary for any 4 consecutive years
within the last 10 years of service immediately preceding the date of
withdrawal.
(b) In lieu of the retirement annuity provided as an actuarial
equivalent of the total accumulations from contributions by the employee,
contributions by the employer, and prior service annuity plus regular
interest, an employee in service prior to July 1, 1971 shall be entitled to
the largest applicable retirement annuity provided in this Section if the
same is larger than the annuity provided in other Sections of this Article.
(c) The following schedule shall govern the computation of service
for the fixed benefit annuities provided by this Section: Service during
9 months or more during any fiscal year shall constitute a year of
service; 6 to 8 months, inclusive, 3/4 of a year; 3 to 5 months,
inclusive, 1/2 year; less than 3 months, 1/4 of a year; 15 days or more
in any month, a month of service. However, for the 6-month fiscal year July 1, 2012 through December 31, 2012, the amount of service earned shall not exceed 1/2 year.
(d) The other provisions of this Section shall not apply in the case of
any former employee who is receiving a retirement annuity from the fund
and who re-enters service as an employee, unless the employee renders
from and after the date of re-entry, at least 3 years of additional
service.
(Source: P.A. 97-973, eff. 8-16-12.)
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40 ILCS 5/12-133.1
(40 ILCS 5/12-133.1) (from Ch. 108 1/2, par. 12-133.1)
Sec. 12-133.1. Annual increase in basic retirement annuity.
(a) Any employee upon withdrawal from service on or after July 1,
1965, and retiring on a retirement annuity, shall be entitled to an annual
increase in his basic retirement annuity as defined herein while he is
in receipt of such annuity.
The term "basic retirement annuity" shall mean the retirement
annuity of the amount fixed and payable at date of retirement of the
employee.
(b) The annual increase in annuity shall be 1 1/2% of the basic retirement
annuity. The increase shall first occur in the month of January or the month
of July, whichever first occurs next following or coincidental with the first
anniversary of retirement. Effective January 1, 1972, the annual rate of
increase in annuity thereafter shall be 2% of the basic retirement annuity,
provided that beginning as of January 1, 1976, the annual rate of increase
shall be 3% of the basic retirement annuity.
(c) For an employee who retires with less than 30 years of service, the increase in the basic retirement annuity shall begin
not earlier than in the month of January or the month of July, whichever occurs
first, following or coincidental with the employee's attainment of age 60.
For an employee who retires with at least 30 years of service, the
annual increase under this Section shall begin in the month of January or the
month of July, whichever first occurs next following or coincidental with the
later of (1) the first anniversary of retirement or (2) July 1, 1998, without
regard to the attainment of age 60 and without regard to whether or not the
employee was in service on or after the effective date of this amendatory Act
of 1998.
(d) The increase in the basic retirement annuity shall not be applicable
unless the employee otherwise qualified has made contributions to the fund as
provided herein for an equivalent period of one full year. If such
contributions were not made, the employee may make the required payment to the
fund at the time of retirement, in a single sum, without interest.
(e) The additional contributions by an employee towards the annual
increase in basic retirement annuity shall not be refundable, except to
an employee who withdraws and applies for a refund under this Article,
or dies while in service, and also in cases where a temporary annuity
becomes payable. In such cases his contributions shall be refunded
without interest.
(Source: P.A. 102-263, eff. 8-6-21.)
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40 ILCS 5/12-133.2
(40 ILCS 5/12-133.2) (from Ch. 108 1/2, par. 12-133.2)
Sec. 12-133.2. Increases to employee annuitants. Employees who
retired on service retirement annuity prior to July 1, 1965 who were at
least 55 years of age at date of retirement and had at least 20 years of
credited service, who shall have attained age 65, and any employee retired
on or after such date who meets such qualifying conditions and who is not
eligible for an annual increase in basic retirement annuity otherwise
provided in this Article, shall be entitled to receive benefits under this
Section.
These benefits shall be in an amount equal to 1 1/2% of the service
retirement annuity multiplied by the number of full years that the annuitant
was in receipt of such annuity. This payment shall begin in January of 1970,
and an additional 1 1/2% based upon the original grant of annuity shall be
added in January of each year thereafter. Beginning January 1, 1972, the
annual rate of increase in annuity shall be 2% of the original grant of annuity
and shall also apply thereafter to any person who shall have had at least 15
years of credited service and less than 20 years on the same basis as was
applicable to persons retired with 20 or more years of service; provided that
beginning January 1, 1976, the annual rate of increase in retirement annuity
shall be 3% of the basic retirement annuity.
An employee annuitant who otherwise qualifies for the aforesaid
benefit shall make a one-time contribution of 1% of the final monthly average
salary multiplied by the number of completed years of service forming the
basis of his service retirement annuity, provided that if the annuity was
computed on any other basis, the contribution shall be 1% of the rate of
monthly salary in effect on the date of retirement multiplied by the number of
completed years of service forming the basis of his service retirement annuity.
(Source: P.A. 102-263, eff. 8-6-21.)
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40 ILCS 5/12-133.3
(40 ILCS 5/12-133.3) (from Ch. 108 1/2, par. 12-133.3)
Sec. 12-133.3.
Early retirement incentive.
(a) To be eligible for the benefits provided in this Section, an
employee must:
(1) be a current contributor to the Fund who, on | | November 1, 1992, is (i) in active payroll status as an employee or (ii) receiving ordinary or duty disability benefits under Section 12-140, 12-142, or 12-143;
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(2) have not previously retired under this Article;
(3) file with the Board before June 1, 1993, a
| | written application requesting the benefits provided in this Section;
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(4) withdraw from service on or after December 31,
| | 1992 and on or before June 30, 1993;
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(5) have attained age 55 on or before the date of
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(6) by the date of withdrawal, have at least 10 years
| | of creditable service in this Fund and a total of at least 15 years of creditable service in one or more of the participating systems under the Retirement Systems Reciprocal Act, without including any creditable service established under this Section.
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A person is not eligible for the benefits provided in this Section if the
person elects to receive a retirement annuity calculated under the
alternative formula formerly set forth in Section 20-122.
(b) An eligible employee may establish up to 5 years of creditable
service under this Section, in increments of one month, by making the
contributions specified in subsection (d). An eligible person must
establish at least the amount of creditable service necessary to bring his
or her total creditable service, including service in this Fund, service
established under this Section, and service in any of the other participating
systems under the Retirement Systems Reciprocal Act, to a minimum of 20 years.
The creditable service under this Section may be used for all
purposes under this Article and the Retirement Systems Reciprocal Act,
except for the computation of average annual salary and the determination
of salary, earnings, or compensation under this or any other Article of
this Code.
(c) An eligible employee shall be entitled to have his or her retirement
annuity calculated in accordance with the formula provided in Section
12-133, but the annuity shall not be subject to reduction because of
withdrawal or commencement of the annuity before attainment of age 60.
(d) For each month of creditable service established under this Section,
the employee must pay to the Fund an employee contribution, to be calculated
by the Fund, equal to 4.25% of the member's monthly salary rate on November
1, 1992. The employee may elect to pay the entire contribution before the
retirement annuity commences, or to have it deducted from the annuity over
a period not longer than 24 months. If the retired employee dies before the
contribution has been paid in full, the unpaid installments may be deducted
from any annuity or other benefit payable to the employee's survivors.
All employee contributions paid under this Section shall be deemed
contributions made by employees for annuity purposes under Section 12-149
and shall be made and credited to a special reserve, without interest.
Employee contributions paid under this Section may be refunded under the
same terms and conditions as are applicable to other employee contributions
for retirement annuity.
(e) Notwithstanding Section 12-146, an annuitant who reenters service under
this Article after receiving a retirement annuity based on benefits provided
under this Section thereby forfeits the right to continue to receive those
benefits, and shall have his or her retirement annuity recalculated at the
appropriate time without the benefits provided in this Section.
(Source: P.A. 87-1265.)
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40 ILCS 5/12-133.4
(40 ILCS 5/12-133.4)
Sec. 12-133.4.
Early retirement incentives.
(a) To be eligible for the benefits provided in this Section, a person
must:
(1) have been, on March 1, 1994, an employee (i) | | contributing to the Fund in active payroll status in a position of employment under this Article, or (ii) receiving duty or ordinary disability benefits under Section 12-140 or 12-143;
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(2) not have begun to receive a retirement annuity
| | under this Article before March 1, 1994;
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(3) file with the Board, within 90 days after the
| | effective date of this Section, a written election requesting the benefits provided in this Section;
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(4) withdraw from service on or after April 30, 1994
| | and no later than 90 days after the effective date of this Section;
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(5) have attained age 50 on or before the date of
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(6) have at least 25 years of creditable service
| | under this Fund as defined in Sections 12-109 and 12-127 (not including any creditable service established under this Section) by the date of withdrawal.
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(b) An eligible person may establish up to 5 years of creditable service
under this Article, in increments of one month, by making the contributions
specified in subsection (c).
The creditable service established under this Section may be used for all
purposes under this Article and the Retirement Systems Reciprocal Act, except
for the computation of the highest average annual salary under Section 12-133
or the determination of salary under this or any other Article of this Code.
(c) For each month of creditable service established under this Section, the
person must pay to the Fund an employee contribution to be determined by the
Fund, equal to 4.50% of the person's monthly salary rate in effect on the date
of withdrawal. Subject to the requirements of subsection (d), the person may
elect to pay the required employee contribution before the retirement annuity
begins or through deduction from the retirement annuity over a period of up to
24 months.
If a person who retires under this Section dies before all payments of
employee contribution have been made, the remaining payments shall be deducted
from any survivor or death benefits payable to the person's surviving spouse or
beneficiary.
All employee contributions paid under this Section shall be
deemed employee contributions for the purposes of determining the tax levy
under Section 12-149. Employee contributions made under this Section may be
refunded under the same terms and conditions as other employee contributions
under this Article.
(d) In the case of a person who begins receiving a retirement annuity under
the other provisions of this Article on or after March 1, 1994 and qualifies
for benefits under this Section after that retirement annuity begins, the
increase in retirement annuity resulting from this Section shall be applied
retroactively to the date the retirement annuity began.
If a person who has retired under this Section receives a retroactive
increase in salary, the person's retirement annuity shall be recalculated to
reflect the retroactive salary increase, and the resulting increase in
retirement annuity, if any, shall be applied retroactively to the date the
retirement annuity began. If the retroactive salary increase affects the
monthly salary rate that was in effect for the person on the date of
withdrawal, the employee contribution required under subsection (c), if any,
shall also be recalculated.
The amount due the annuitant as a result of a retroactive increase in
retirement annuity under this subsection shall first be applied against any
part of the employee contribution required under this Section that remains
unpaid; the remainder shall be paid to the annuitant in a lump sum, without
interest.
(e) A person who retires under the provisions of this Section shall have
his or her retirement annuity calculated under the provisions of Section
12-133, except that the retirement annuity shall not be subject to the
reduction for retirement under age 60 that is specified in Section 12-133.
(f) Notwithstanding Section 12-146 of this Article, an annuitant who
re-enters service under this Article after receiving a retirement annuity based
on the additional benefits provided under this Section thereby forfeits the
right to continue to receive those additional benefits and upon again retiring
shall have his or her retirement annuity recalculated without the additional
benefits provided in this Section.
(Source: P.A. 89-136, eff. 7-14-95.)
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40 ILCS 5/12-133.5
(40 ILCS 5/12-133.5)
Sec. 12-133.5.
Early retirement incentives.
(a) To be eligible for the benefits provided in this Section, a person
must:
(1) have been, on July 1, 1998, an employee (i) | | contributing to the Fund in active payroll status in a position of employment under this Article, or (ii) receiving duty or ordinary disability benefits under Section 12-140, 12-142, or 12-143;
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(2) not have begun to receive a retirement annuity
| | under this Article before August 31, 1998;
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(3) file with the Board, within 90 days after the
| | effective date of this Section, a written election requesting the benefits provided in this Section;
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(4) withdraw from service on or after August 31, 1998
| | and no later than December 31, 1998;
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(5) have attained age 50 on or before the date of
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(6) have, by the date of withdrawal, a total of at
| | least 20 years of creditable service with participating systems under the Retirement Systems Reciprocal Act, of which at least 15 years must be under this Fund (not including any creditable service established under this Section).
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(b) An eligible person may establish up to 5 years of creditable service
under this Article, in increments of one month, by making the contributions
specified in subsection (c).
The creditable service established under this Section may be used for all
purposes under this Article and the Retirement Systems Reciprocal Act, except
for the computation of the highest average annual salary under Section 12-133
or the determination of salary under this or any other Article of this Code.
(c) For each month of creditable service established under this Section, the
person must pay to the Fund an employee contribution to be determined by the
Fund, equal to 4.50% of the person's monthly salary rate in effect on the date
of withdrawal. Subject to the requirements of subsection (d), the person may
elect to pay the required employee contribution before the retirement annuity
begins or through deduction from the retirement annuity over a period of up to
24 months.
If a person who retires under this Section dies before all payments of
employee contribution have been made, the remaining payments shall be deducted
from any survivor or death benefits payable to the person's surviving spouse or
beneficiary.
All employee contributions paid under this Section shall be
deemed employee contributions for the purposes of determining the tax levy
under Section 12-149. Employee contributions made under this Section may be
refunded under the same terms and conditions as other employee contributions
under this Article.
(d) A person who retires under the provisions of this Section shall have
his or her retirement annuity calculated under the provisions of Section
12-133, except that the retirement annuity shall not be subject to the
reduction for retirement under age 60 that is specified in Section 12-133.
(e) Notwithstanding Section 12-146 of this Article, an annuitant who
re-enters service under this Article after receiving a retirement annuity based
on the additional benefits provided under this Section thereby forfeits the
right to continue to receive those additional benefits and upon again retiring
shall have his or her retirement annuity recalculated without the additional
benefits provided in this Section.
(Source: P.A. 90-766, eff. 8-14-98.)
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40 ILCS 5/12-133.6
(40 ILCS 5/12-133.6)
Sec. 12-133.6. Early retirement incentive.
(a) To be eligible for the benefits provided in this Section, a person
must:
(1) have been, on November 1, 2003, an employee (i) | | contributing to the Fund in active payroll status in a position of employment under this Article, (ii) returning to active payroll status from an approved leave of absence prior to December 1, 2003, (iii) receiving ordinary or duty disability benefits under Section 12-140, 12-142, or 12-143 or (iv) or have been subjected to an involuntary termination or layoff by the employer and restored to service by his or her employer prior to January 31, 2004;
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(2) have not previously retired under this Article;
(3) file with the Board before January 31, 2004 a
| | written election requesting the benefits provided in this Section;
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(4) withdraw from service on or after January 31,
| | 2004 and on or before February 29, 2004 (or the date established under subsection (a-5), if applicable); and
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(5) have, by the date of withdrawal or by February
| | 29, 2004, whichever is earlier, attained age 50 with at least 10 years of creditable service in one or more participating systems under the Retirement Systems Reciprocal Act, without including any creditable service established under this Section.
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(a-5) To ensure that the efficient operation of employers under this Article
is not jeopardized by the simultaneous retirement of large numbers of critical
personnel, each employer may, for its critical employees, extend the February 29, 2004 deadline for terminating employment under this Article established in
subdivision (a)(4) of this Section to a date not later than May 31, 2004 by
so
notifying the Fund by January 31, 2004.
(b) An eligible person may establish up to 5 years of creditable service
under this Section, in increments of one month, by making the contributions
specified in subsection (c). In addition, for each month of creditable service
established under this Section, a person's age at retirement shall be deemed to
be one month older than it actually is, except for purposes of determining age
under item (5) of subsection (a).
The creditable service established under this Section may be used for all
purposes under this Article and the Retirement Systems Reciprocal Act, except
for the computation of highest average annual salary under Section 12-133 or
the determination of salary under this or any other Article of this Code.
(c) For each month of creditable service established under this Section, the
person must pay to the Fund an employee contribution to be determined by the
Fund, equal to 4.50% of the person's monthly salary rate on the date of
withdrawal from service. Subject to the requirements of subsection (d), the
person may elect to pay the required employee contribution before the
retirement annuity commences or through deductions from the retirement annuity
over a period not longer than 24 months.
If a person who retires dies before all payments of the employee contribution
have been made, the remaining payments shall be deducted from any survivor or
death benefits payable to the employee's surviving spouse or beneficiary.
Notwithstanding any provision in this Article to the contrary, all employee
contributions paid under this Section shall not be deemed employee
contributions for the purpose of determining the tax levy under Section 12-149.
Notwithstanding any provision in this Article to the contrary, the employer
shall not make a contribution for any credit established by an employee under
subsection (b) of this Section. Employee contributions made under this Section
may be refunded under the same terms and conditions as other employee
contributions under this Article.
(d) A person who retires under the provisions of this Section shall be
entitled to have his or her retirement annuity calculated under the provisions
of Section 12-133, except that the retirement annuity shall not be subject to
reduction for retirement under age 60.
(e) Notwithstanding Section 12-146 of this Article, an annuitant who
reenters service under this Article after receiving a retirement annuity based
on additional benefits provided under this Section thereby forfeits the right
to continue to receive those benefits, and upon again retiring shall have his
or her retirement annuity recalculated at the appropriate time without the
additional benefits provided in this Section.
(f) No employer action in declaring an employee to be a critical employee pursuant to subsection (a-5) shall be construed as an impairment of any pension benefit or entitlement. No early retirement option or resultant benefit conferred under this Section shall, in any manner, vest for any employee until the earlier date of the employer's decision to release the employee from service or May 31, 2004.
(Source: P.A. 93-654, eff. 1-16-04.)
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40 ILCS 5/12-133.7
(40 ILCS 5/12-133.7)
Sec. 12-133.7. Early retirement incentive for employees who have earned
maximum pension benefits. A person who is eligible for the benefits provided
under Section 12-133.6 and who, if he or she had retired on or before February 29, 2004, would have been entitled to a pension equal to 80% of his or her
highest average salary for any 4 consecutive years within the last 10 years of
service immediately preceding February 29, 2004 without receiving the benefits
provided in Section 12-133.6 may elect, by filing a written election with
the Fund by January 30, 2004, to receive a lump sum from the Fund on his or
her last day of employment equal to 100% of his or her salary for the year
ending on February 29, 2004 or the date of withdrawal, whichever is earlier. To
be eligible to receive the benefit provided under this Section, the person
must withdraw from service on or after January 31, 2004 and on or before
February 29, 2004. If a person elects to receive the benefit provided under this
Section, his or her retirement annuity otherwise payable under Section 12-133
shall be reduced by an amount equal to the actuarial equivalent of the lump
sum. If a person elects to receive the benefit provided under this Section,
the resulting reduction in retirement annuity under this Section shall not
affect the amount of any widow's service annuity or widow's prior service
annuity under Section 12-135 or any optional reversionary annuity for a
surviving spouse under Section 12-136.1.
(Source: P.A. 93-654, eff. 1-16-04.) |
40 ILCS 5/12-134
(40 ILCS 5/12-134) (from Ch. 108 1/2, par. 12-134)
Sec. 12-134.
Maximum retirement annuity.
Except as modified by the provisions of Sections 12-133.1 and
12-133.2, the maximum retirement annuity for any employee under the
provisions of this Article shall be 70% of the highest average annual
salary for any 5 consecutive years within the last 10 years immediately
preceding the date of withdrawal; provided that in the case of an
employee in service on June 30, 1957, the maximum retirement annuity
shall be the amount prescribed by the provisions of "The 1919 Act" in
effect on June 30, 1957, increased by the amount resulting from
accumulations accruing during service rendered thereafter consisting of
contributions by the employee and employer for service annuity, improved
by regular interest, subject to a maximum annuity equal to 75% of the
highest salary received by an employee while in service for that part of
such salary which does not exceed $6,000 per year, and 60% of that part
of such salary which exceeds $6,000 per year.
(Source: P.A. 81-1536 .)
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40 ILCS 5/12-135
(40 ILCS 5/12-135) (from Ch. 108 1/2, par. 12-135)
Sec. 12-135.
Widow's service annuity and widow's prior service annuity.
(a) The widow of an employee who withdraws after at least 10 years
of service and before attainment of age 60 shall be entitled to a
widow's annuity beginning on the day next following his death,
if he has not received a refund upon withdrawal before age 55.
If fixation has occurred in the annuities payable on account of such
employee, the annuity to a widow shall be a reversionary annuity to be
provided from the total of the following accumulations, as of her attained age
on the date of fixation, to begin on the day next following the death of the
employee provided that the accumulation from contributions by the employer
shall not be used to an extent which, when taken with the accumulation from
employee contributions, will provide the widow an annuity in excess of 50% of
the highest salary which the employee received while in service:
(1) the accumulation from employee contributions for | | widow's service annuity on the date when the employee withdraws, improved by regular interest to the date of fixation of the widow's annuity;
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(2) 1/10 of the accumulation from contributions by
| | the employer for widow's service annuity on the date when the employee withdraws for each year of service above 10 years up to 100% of such accumulation, improved by regular interest to the date of fixation of the widow's annuity.
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(b) The widow's annuity upon death of the employee while in service,
shall be that provided from the total of the accumulations as stated
below, on the day next following the date of death of the employee as
of the widow's age on such date, provided that the accumulations from sums
contributed by the employer shall not be used to an extent which, when taken
with the deductions from salary, will provide for such widow an annuity in
excess of 50% of the highest salary which the employee received while in
service, and in no case greater than the reversionary annuity that would
be payable if the employee had retired at age 55 if he withdrew prior to
such age or had retired on annuity when he withdrew if withdrawal
occurred after age 55:
(1) the accumulation from employee contributions for
| | service annuity and widow's service annuity on the date when he withdraws to the date of his death;
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(2) 1/10 of the total of the accumulations from
| | contributions by the employer for service annuity and widow's service annuity on the date when such employee withdraws, for each complete year of service above 10 years up to 100% of such accumulation, improved by regular interest to the date of death of the employee.
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(c) The widow of an employee who withdraws or dies while in service,
upon or after attainment of age 60, and after fixation of the widow's
annuity, shall be entitled to a widow's annuity beginning on the day next
following the date of death of
the employee.
The amount of such annuity shall be that provided from the total of
the accumulations derived as stated below on the date of fixation, as of
her attained age on such date; provided that the accumulation from sums
contributed by the employer shall not be used to an extent which, when
taken with the accumulation from employee contributions for such
purpose, shall provide an annuity in excess of 50% of the highest salary
which such employee received while in service:
(1) the accumulation from employee contributions for
| | widow's service annuity on the date of fixation of the widow's annuity;
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(2) the accumulation from contributions by the
| | employer for widow's service annuity on the date of fixation of the widow's annuity;
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(3) for a present employee the accumulation for
| | widow's prior service annuity, improved by regular interest to the date of fixation of the widow's annuity.
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(d) The widow of an employee who dies while in service before
fixation of the annuity rights of such widow shall be entitled to a
widow's annuity beginning on the day next following his death.
Such annuity shall be that
provided from the total of the accumulations derived as stated below on
the date of death of the employee as of her attained age on such date;
provided that the accumulation from sums contributed by the employer
shall not be used to an extent which, when taken with the accumulation
from employee contributions, for such purpose, will provide an annuity
in excess of 50% of the highest salary received by the employee while in
service:
(1) The accumulation from employee contributions for
| | service annuity and widow's service annuity on the date of death of the employee;
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(2) the accumulation from contributions by the
| | employer for service annuity and widow's service annuity on the date of death of the employee.
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(e) The widow's service annuity or widow's prior service annuity
which shall be determined for the wife of any employee at the date of
his retirement shall be derived from the sum to the credit of such
employee for such purposes, on the date of fixation of the widow's
annuity, to provide a reversionary annuity for the wife after the death
of her husband.
(f) In lieu of the widow's annuity described above, a widow of any
employee who dies while in service, or after retirement on annuity, may
elect to receive a lump sum payment of $300 which is to be applied to
reduce the accumulations for widow's service annuity and widow's prior
service annuity, and a reduced widow's annuity from the remainder of
said accumulations. Said payment shall be applied against the
accumulations for the respective annuities in proportionate amounts. In
the event a widow elects a lump sum payment, and the total of the
aforesaid accumulations prior to adjustment for said payment is equal to
or less than $300, the total payment to said widow shall consist only of
the amount of said accumulations, and no widow's annuity shall be
payable to said widow.
(g) Any widow's annuity provided for in this section shall be
computed as provided above, except that the maximum age of such widow
for the computation of annuity for the widow shall not be more than 5
years less than the age of her employee husband.
(Source: P.A. 86-272 .)
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40 ILCS 5/12-135.1
(40 ILCS 5/12-135.1) (from Ch. 108 1/2, par. 12-135.1)
Sec. 12-135.1.
Minimum annuity to surviving spouse.
Upon death of an
employee or annuitant occurring on or after January 1, 1976, who has
completed at least 20 years of service and has established accumulations
for such annuity by employee contributions as provided in Section 12-151
hereof, plus the prescribed concurrent contributions by the employer, the
annuity to the surviving spouse shall in no event be less than one-half of
the retirement annuity which had accrued to an employee if death occurs
while in service, or one-half of the amount of retirement annuity of the
retired employee on the date of death; provided that if the age of the
surviving spouse is less than 60 years at the date of death of the employee
or annuitant, the annuity to the spouse shall be reduced 1/2 of 1% for each
month that such age is less than 60 years.
If the minimum annuity survivor's benefit provided in this Section
exceeds the maximum survivor's benefit payable under Section 12-125 or
12-135, such minimum benefit shall be payable.
(Source: P.A. 86-272.)
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40 ILCS 5/12-135.2
(40 ILCS 5/12-135.2) (from Ch. 108 1/2, par. 12-135.2)
Sec. 12-135.2.
Increase in annuity to a surviving spouse.
An annuity
being paid to a surviving spouse on December 31, 1992, other
than a temporary annuity, shall be increased by 10% effective January 1,
1993 and shall thereafter be paid at the increased rate until
the termination of the annuity by death or other cause, subject to the
annual increases provided under Section 12-135.3.
(Source: P.A. 87-1265.)
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40 ILCS 5/12-135.3
(40 ILCS 5/12-135.3) (from Ch. 108 1/2, par. 12-135.3)
Sec. 12-135.3.
Annual increases to surviving spouses.
On January
1 of each year, every surviving spouse, other than a surviving spouse who
is receiving a temporary annuity or who has received a surviving spouse
annuity for less than one full year, shall be entitled to a 3% annual
increase in his or her surviving spouse's annuity. The 3% annual increase
shall be based on the amount of annuity then payable, including any
increases previously received under this Section.
(Source: P.A. 87-1265.)
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40 ILCS 5/12-136
(40 ILCS 5/12-136) (from Ch. 108 1/2, par. 12-136)
Sec. 12-136.
Spouses not entitled to a surviving spouse's annuity.
The
following described spouses and former spouses of employees shall not have any
right to a surviving spouse's annuity from the fund:
(a) the spouse of an employee who withdraws or | | retires and who dies while out of service, if such spouse was not the spouse of the employee while in service;
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(b) the spouse of an employee who received a refund;
(c) the spouse of an employee who dies after
| | withdrawal if the employee withdrew before attainment of age 60 and has less than 10 years of service;
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(d) the spouse of an employee or annuitant who
| | remarries after the death of the employee or annuitant, if the spouse is under age 55 at the time of the remarriage;
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(e) the former spouse of any employee, inactive
| | member or annuitant, regardless of the date on which the marriage is dissolved.
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A spouse's annuity shall terminate upon remarriage while under age 55. Such
termination shall be permanent and shall not be affected by any future change
in marital status.
(Source: P.A. 86-272; 87-1265.)
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40 ILCS 5/12-136.1
(40 ILCS 5/12-136.1) (from Ch. 108 1/2, par. 12-136.1)
Sec. 12-136.1.
Optional reversionary annuity for surviving spouse.
An employee may elect to take a lesser retirement annuity reduced by not
more than 1/3 thereof and provide an optional reversionary annuity for a
surviving spouse derived from the actuarial value of his retirement
annuity; provided (a) a written notice of election by the employee to
provide such annuity is received by the board at least 1 year before the
date of his retirement, except that for an employee retiring prior to July
1, 1964, such notice must be given the board at least 60 days before his
retirement, (b) the amount of the optional reversionary annuity as
specified in the employee's notice of election is not less than $100
per month nor more than the employee's reduced retirement annuity, and (c)
death of the employee occurs after retirement.
The employee may revoke the election if notice thereof is received by
the board at least 1 year before the date the retirement annuity begins.
The death of the employee or death of the spouse prior to retirement of the
employee shall constitute an automatic revocation of the election.
No option shall be permitted in any case where the reversionary annuity
for a wife, when added to the widow's annuity provided herein, exceeds the
reduced retirement annuity payable to the employee.
The increases in the retirement annuity provided in Section 12-133.1
shall, as to a member so electing a reversionary annuity, be applicable to
the amount of the reduced retirement annuity.
An optional reversionary annuity shall begin on the day next following
the annuitant's death. If the beneficiary does not survive the annuitant,
no such annuity shall be payable.
(Source: P.A. 82-1008.)
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40 ILCS 5/12-136.2
(40 ILCS 5/12-136.2) (from Ch. 108 1/2, par. 12-136.2)
Sec. 12-136.2.
Annuities to survivors of female employees.
All provisions of this Article relating to annuities or benefits to a
widow, minor children or other survivors of a male employee shall apply
with equal force to a surviving spouse, children or other eligible
survivors of a female employee, including credits for the several annuity
purposes, refunds and death benefits, without any modification or
distinction whatsoever.
(Source: P.A. 78-1129.)
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40 ILCS 5/12-137
(40 ILCS 5/12-137) (from Ch. 108 1/2, par. 12-137)
Sec. 12-137. Eligibility for child's benefit. A benefit shall be granted to any child of the employee under 18 years
of age or any child under such age legally adopted by the employee whose death occurred under the
following conditions:
(a) from injury incurred in the performance of duty | | regardless of length of service;
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(b) from any other cause after completion of at least
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(c) after the employee withdraws from service
| | subsequent to age 55 and entered upon or is eligible for annuity.
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In the case of an employee whose death
occurs after withdrawal subsequent to age 55, if eligible for an annuity,
birth of a child must have occurred before the date of the employee's
latest withdrawal.
No annuity shall be payable to any child after such child's marriage.
The termination date of any child's annuity due to the attainment of age 18
or marriage shall be the due date of the last annuity payment for the
child, next preceding such due date with no proration for any period which
is less than a full month.
A posthumous child shall be regarded as a child of the employee entitled
to an annuity.
(Source: P.A. 95-279, eff. 1-1-08.)
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40 ILCS 5/12-138
(40 ILCS 5/12-138) (from Ch. 108 1/2, par. 12-138)
Sec. 12-138.
Amount of child's benefit.
A child's benefit effective upon
death of an employee occurring on or after July 1, 1983 shall
be $100 per month, if a parent survives; or $150
per month if no parent survives, or upon the death of the surviving parent;
provided that the combined benefits to a widow and children, or for children
only if there is no widow, shall not exceed 60% of final salary in any case
where the employee's death resulted from any cause other than an act of
duty, or 75% of such salary if death was the result of an act of duty. Where
such limitations are exceeded, the benefits to the widow and children shall
be reduced pro rata to conform to the applicable limitation.
If a parent survives, the child's benefit shall be paid to the parent if
the parent is providing support for the child, unless another person has
been appointed by a court as the guardian of the child. If no parent
survives, or if a surviving parent is not providing support for the child,
the child's benefit shall be paid to the legally appointed guardian.
(Source: P.A. 82-1008.)
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40 ILCS 5/12-139
(40 ILCS 5/12-139) (from Ch. 108 1/2, par. 12-139)
Sec. 12-139.
Death benefit.
Effective July 1, 1955, a death
benefit is provided for employees and annuitants, in addition to other
annuities and benefits, payable upon death of the employee while (a) in
actual salary status or within 60 days thereof; (b) on an approved leave
of absence, without salary, if death occurs within 60 days from the date
he was in salary status; (c) receiving ordinary or duty disability
benefit; or within 60 days from the date of termination of such benefit
payments. Upon death of an annuitant the death benefit is payable if
the annuity was granted and became effective on or after the employee's
attainment of age 50. The death benefit is also payable upon death of an
employee whose annuity was determined at age 65 or over and the employee and
employer's contributions were transferred to the annuity reserve. No death
benefit is payable unless application for the annuity was made within 60 days
from the date of withdrawal from service.
This death benefit shall be payable to the surviving spouse as defined
in Section 12-123.1 of the employee or annuitant; but if no spouse
survives, payment shall be made according to the last written designation
filed with the board prior to death by the employee or annuitant. If
no such designation was filed, payment shall be made to the executor or
administrator of the estate of the employee or annuitant, or if the estate
is under the amount required under law for opening an estate, payment shall
be made to the person filing a small estate affidavit as prescribed by law.
Upon death on or after January 1, 1980 and before January 1, 1990,
prior to retirement on annuity, the amount of benefit shall be $2,000 payable
upon death of the employee during the first year of membership in the Fund,
$3,000 upon death during the second year of membership, $4,000 upon death
during the third year of membership, $5,000 upon death during the fourth year
of membership and $6,000 upon death during the fifth year of membership or
over. Upon the death of an employee on or after January 1, 1990, prior to
retirement on annuity, the amount of benefit shall be $3,000 upon death during
the first year of membership in the Fund, $4,000 upon death during the second
year of membership, $5,000 upon death during the third year of membership, and
$6,000 upon death during the fourth through tenth years of membership. Upon the
death, on or after January 1, 1983, of an employee prior to retirement with 10
or more years of service, the amount of benefit shall be $10,000.
Upon death of an employee while on retirement, occurring on or after
January 1, 1980, the benefit computed according to the foregoing
formula, subject to the aforesaid maximum, shall be reduced $1,500 for
each year or fraction of a year that the employee was on retirement,
provided that the minimum benefit payable on account of death of a
retirant shall be $1,500. Upon the death of an employee who retired on
or after January 1, 1983, with at least 10 years of service, the $10,000
benefit shall be reduced to $6,000 if death occurs during the first year
of retirement, and shall be reduced $1,500 for each year or fraction of
a year thereafter that the employee was retired, provided that the minimum
benefit payable shall be $1,500. Upon the death, on or after January 1, 1990,
of an employee while on retirement, the minimum benefit payable shall be
$3,000.
The board shall establish rules to govern the administration of this benefit.
(Source: P.A. 86-272; 87-1265.)
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40 ILCS 5/12-140
(40 ILCS 5/12-140) (from Ch. 108 1/2, par. 12-140)
Sec. 12-140. Duty disability benefit. An employee who becomes
disabled as the direct result of injury incurred in the performance of an
act of duty and cannot perform the duties of the regularly assigned position,
is entitled to receive, while so disabled, a benefit of 75% of the salary
at the date when such duty disability benefits commence,
subject to the conditions hereinafter stated.
In the event an employee returns to service from any duty disability and
renders actual employment in pay status performing the duties of the regularly
assigned position for at least 60 days, and again becomes disabled, whether
due to the previous disability or a new disability, the salary to be used
in the computation of the benefit shall be the salary in effect at the date
of the last day of service prior to the latest disability.
The employee shall also receive a further benefit of $20 per month on account
of each eligible minor child as prescribed in Section 12-137, but the combined
benefit to employee and children shall not exceed the annual salary at the
date of such disability less the sums that would be deducted from his
salary for service annuity and spouse's service annuity.
The benefit prescribed herein shall be payable during disability until
the employee attains age 65, if disability is incurred before age 60, or
for a period of 5 years if disability
is incurred at age 60 or older. If the disability is incurred after age
65, this 5 year period may be reduced if such reduction can be justified on
the basis of actuarial cost data approved by the board upon the
recommendation of the actuary. At such time if the employee
remains disabled the employee may retire on a retirement annuity.
If an employee dies as the direct result of injury incurred
in the performance of an act of duty, or if death results from any cause
which is compensable under the Workers' Occupational Diseases
Act, a surviving spouse shall be entitled to a benefit (subject to the modifications
stated in Section 12-141) of 50% of the employee's salary as it was at the
date of injury resulting in death, until the date when the employee would
have attained age 65, if injury was incurred under age 60, or for a period
of 5 years if disability is incurred
at age 60 or older. After such
date, the spouse shall be entitled to receive the reversionary annuity that
would have been fixed had the employee continued in service at the rate
of salary received at the date of his injury resulting in death, until the
employee attained age 65 or as stated herein
and had then retired.
If a spouse remarries while under age 55 while in receipt of a benefit
under this section, the benefit shall terminate. Such termination shall
be final and shall not be affected by any change thereafter in his or her
marital status.
(Source: P.A. 102-263, eff. 8-6-21.)
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40 ILCS 5/12-141
(40 ILCS 5/12-141) (from Ch. 108 1/2, par. 12-141)
Sec. 12-141. Workers' compensation offset. If an employee or surviving
spouse and minor children receive any compensation or payment for specific
loss, disability or death under or by virtue of the Workers' Compensation Act
or the Workers' Occupational Diseases Act on account of disability or death
resulting from the performance of an act of duty, the benefit payable to them
under this Article shall be reduced by the amount of such compensation. If the
amount received as compensation exceeds such benefits, no payment shall be made
to the employee or surviving spouse until the expiration of the period during
which the benefit payments, accumulated at the rates herein stated, becomes
equal to the sum received as compensation; provided, that the commutation of
compensation to a lump sum basis as provided by the aforesaid Acts shall not
increase the benefits payable by the fund but such benefits shall be adjusted
to the amount of the compensation awarded under the aforesaid Acts prior to any
commutation of such compensation. No interest shall be considered in these
calculations.
If any employee or surviving spouse and children are denied
compensation by the park or city under those Acts, or if the park
or city fails to act, the denial or failure to act shall not be
considered final until the claim has been adjudicated by the Illinois Workers' Compensation
Commission.
(Source: P.A. 93-721, eff. 1-1-05.)
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