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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 5/12-146
(40 ILCS 5/12-146) (from Ch. 108 1/2, par. 12-146)
Sec. 12-146.
Re-entry of annuitant.
When any person receiving an annuity
shall re-enter service, the annuity previously granted to such person and any
annuity fixed for his wife shall be cancelled. Such employee shall be
credited, in accordance with the applicable actuarial tables, with sums
sufficient to provide annuities equal in amount to those cancelled for
the employee and wife, as of their respective ages on the date of the
employee's re-entrance into service. Employee Contributions as salary
deductions shall be made from the
time of such re-entry into service.
Upon subsequent retirement, new annuities based upon the amounts to the
credit of the employee for annuity purposes, and the entire period of
his service, shall be fixed for the employee and his wife.
In the case of an employee described in the foregoing paragraph,
whose wife for whom annuity was fixed prior to such re-entry died before
he re-entered service, any sum to the credit of the employee for widow's
service annuity and widow's prior service annuity at the time annuity
for such wife was fixed shall not be credited to the employee when he
re-enters service, and no such sum or any part thereof shall be used to
provide a widow's annuity for any wife of the employee who has married
the employee after such re-entry.
(Source: P.A. 86-272.)
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40 ILCS 5/12-147
(40 ILCS 5/12-147) (from Ch. 108 1/2, par. 12-147)
Sec. 12-147.
Refunds of employee contributions.
(1) (a) Any employee who withdraws from service before | | age 60, with less than 10 years of service, shall be entitled to refund upon request.
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Any employee who withdraws from service after
| | completion of at least 10 years of service but before age 55 shall be entitled to a refund upon request, provided such request is made before he attains such age.
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Any employee who withdraws from service on or after
| | age 60 with less than 5 years of service may elect to receive either a refund or an annuity.
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The refund shall consist of the accumulation from
| | employee contributions for service annuity, annual increase in basic retirement annuity, surviving spouse's service annuity, and interest deficiency, if any, without interest for employee contributions for the period on and after August 1, 1947. For the period prior to August 1, 1947, the refund of employee contributions shall be improved by interest at 4% per annum only. Contributions by the employer for military or naval service shall not be included in any refund but shall be considered for all other purposes of this Article except service for disability benefits. Credits in lieu of salary deductions during ordinary disability or duty disability shall be refundable.
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(b) If a male employee has no spouse when his or her
| | retirement annuity is fixed, or when he or she enters on retirement annuity, a refund shall be made of the salary deductions for a widow's service annuity, without interest on any employee contributions for the period subsequent to August 1, 1947.
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(c) Whenever an employee and surviving spouse have
| | not received retirement and surviving spouse's annuity payments, before the death of the survivor, in a total amount equal to the employee's accumulated contributions for service annuity and surviving spouse's service annuity at the date those annuities became payable, including interest, the remainder shall be refunded in the manner hereinafter specified.
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(d) If a surviving spouse remarries before age 55 and
| | has not received in the form of annuity payments an amount equal to the total credited in the account of the employee from employee contributions for service annuity and spouse's service annuity purposes, including interest, the remainder of such total credits shall be refunded to the surviving spouse except that if an optional reversionary annuity is payable, no such refund shall be paid.
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(2) Upon death of an employee or an employee annuitant, refunds,
accrued annuity payments, accrued ordinary and duty disability benefits,
or other accrued benefits, shall be payable as follows in the order
designated:
(a) to the surviving spouse of the deceased employee
| | or annuitant as defined in Section 12-123.1;
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(b) if there is no surviving spouse, or if upon the
| | death of a surviving spouse a refund becomes due, said monies shall be paid to the person or persons designated by the employee in a written authorization and direction executed and delivered by the employee to the board prior to his or her death, on forms supplied by the board, and acknowledged before a Notary Public;
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(c) if there is no such surviving spouse, or if upon
| | the death of a surviving spouse a refund becomes due, and the deceased employee or employee annuitant has not executed and delivered to the board prior to his or her death a written authorization and direction as described in the foregoing paragraph, the board shall pay the moneys to the executor of the estate, or if no estate need be opened, the moneys shall be distributed to the person filing a small estate affidavit as prescribed by law.
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Probate of the estate of an employee may be waived when and in the
manner provided by statute. Payment to the person appointed by a court
of competent jurisdiction to administer the testate or intestate estate
of a deceased employee or employee annuitant, or to the person filing a
small estate affidavit as prescribed by law, shall be a complete
discharge of the board's obligations under this Article.
The board may at its discretion defer payment of refunds for a period
not to exceed one year. If at the end of the year suit is pending
to determine the employee's right to retain his or her former position,
payment of refunds shall be suspended until final disposition of the suit.
Any employee who receives a refund shall forfeit all rights to annuity
for himself or herself and for any one who may have any right to
annuity through him or her, and credit for service rendered by him or
her before refund was made. If he or she re-enters service, his or
her status shall be that of an employee who enters service for the first
time but he or she may regain the credits so forfeited by fulfilling
the requirements specified elsewhere in this Article.
The board is hereby authorized to write off on its books of account
any pending claim subject to the provisions of this section which
remains unpaid for 2 years or more from the date of death of the
employee or annuitant; provided, however, that when a valid claim is
subsequently filed to the satisfaction of the board in the case of any
account so written off the amount shall be paid in the manner prescribed
herein.
(3) Upon the death of an employee while in service or an employee who
had withdrawn from service and was not eligible to receive a pension, the
refund to the beneficiary or estate shall consist of the accumulation from
employee contributions for service annuity, annual increase in retirement
annuity, surviving spouse's service annuity, and interest deficiency, if any,
without interest for employee contributions for the period on and after August
1, 1947. For the period prior to August 1, 1947, the refund of employee
contributions shall be improved by interest at 4% per annum only. Contributions
by the employer for military or naval service shall not be included in any
refund. Credits in lieu of salary deductions during ordinary or duty
disability shall be refundable.
(Source: P.A. 86-272; 86-1488; 87-1265.)
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40 ILCS 5/12-148
(40 ILCS 5/12-148) (from Ch. 108 1/2, par. 12-148)
Sec. 12-148.
Credits of employer contributions.
Refunds of accumulation from contributions of the employer for service
annuity and widow's service annuity, and also for prior service annuity and
widow's prior service annuity after contributions for such purposes are
completed shall be made to the employer in the form of a credit to reduce
the contributions otherwise required in subsequent years.
(Source: P.A. 77-319.)
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40 ILCS 5/12-149
(40 ILCS 5/12-149)
(from Ch. 108 1/2, par. 12-149)
Sec. 12-149. Financing. (a) The board of park commissioners of any such
park district shall annually levy a tax (in addition to the taxes now
authorized by law) upon all taxable property embraced in the district,
at the rate which, when added to the employee contributions under this
Article and applied to the fund created
hereunder, shall be sufficient to provide for the purposes of this
Article in accordance with the provisions thereof. Such tax shall be
levied and collected with and in like manner as the general taxes of
such district, and shall not in any event be included within any
limitations of rate for general park purposes as now or hereafter
provided by law, but shall be excluded therefrom and be in addition
thereto. The amount of such annual tax to and including the year 1977
shall not exceed .0275% of the value, as equalized or assessed by the
Department of Revenue, of all taxable property embraced
within the park district, provided that for the year 1978, and for each
year thereafter, the amount of such annual tax shall be at a rate on the
dollar of assessed valuation of all taxable property that will produce,
when extended, for the year 1978 the following sum: 0.825 times the
amount of employee contributions during the fiscal year 1976; for the
year 1979, 0.85 times the amount of employee contributions during the
fiscal year 1977; for the year 1980, 0.90 times the amount of employee
contributions during the fiscal year 1978; for the year 1981, 0.95 times
the amount of employee contributions during the fiscal year 1979; for the year
1982, 1.00 times the amount of employee contributions during the fiscal year
1980; for the year 1983, 1.05 times the amount of contributions made on behalf
of employees during the fiscal year 1981; and for the year 1984 and each year
thereafter through the year 2019, an amount equal to 1.10 times the employee contributions during the
fiscal year 2-years prior to the year for which the applicable tax is levied.
Beginning in levy year 2020, and in each year thereafter, the levy shall not exceed the amount of the Park District's total required contribution to the Fund for the next payment year, as determined under this subsection. Beginning payment year 2021, the Park District's required annual contribution shall be as follows: For payment year 2021, the Park District's required annual contribution to the Fund shall be one-fourth of the amount, as determined by an actuary retained by the Fund, equal to the sum of (i) the Park District's portion of the projected normal cost for that fiscal year, plus (ii) an amount determined by an actuary retained by the Fund, using a 35-year period starting on December 31, 2020 with the entry age normal actuarial cost method, that is sufficient to bring the total actuarial assets of the Fund up to 100% of the total actuarial accrued liabilities of the Fund by the end of 2055. For payment year 2022, the Park District's required annual contribution to the Fund shall be one-half of the amount, as determined by an actuary retained by the Fund, equal to the sum of (i) the Park District's portion of the projected normal cost for that fiscal year, plus (ii) an amount determined by an actuary retained by the Fund, using a 35-year period starting on December 31, 2021 with the entry age normal actuarial cost method, that is sufficient to bring the total actuarial assets of the Fund up to 100% of the total actuarial accrued liabilities of the Fund by the end of 2056. For payment year 2023, the Park District's required annual contribution to the Fund shall be three-fourths of the amount, as determined by an actuary retained by the Fund, equal to the sum of (i) the Park District's portion of the projected normal cost for that fiscal year, plus (ii) an amount determined by an actuary retained by the Fund, using a 35-year period starting on December 31, 2022 with the entry age normal actuarial cost method, that is sufficient to bring the total actuarial assets of the Fund up to 100% of the total actuarial accrued liabilities of the Fund by the end of 2057. For payment years 2024 through 2058, the Park District's required annual contribution to the Fund shall be the amount, as determined by an actuary retained by the Fund, equal to the sum of (i) the Park District's portion of the projected normal cost for that fiscal year, plus (ii) an amount determined by an actuary retained by the Fund, using a 35-year period starting on December 31, 2023 with the entry age normal actuarial cost method, that is sufficient to bring the total actuarial assets of the Fund up to 100% of the total actuarial accrued liabilities of the Fund by the end of 2058. For payment year 2059 and each year thereafter, the Park District's required annual contribution to the Fund shall be the amount, as determined by an actuary retained by the Fund, if any, needed to bring the total actuarial assets of the Fund up to 100% of the total actuarial accrued liabilities of the Fund, using the entry age normal actuarial cost method, as of the end of the year. In making determinations under this subsection, any actuarial gains or losses from investment returns that differ from the expected investment returns incurred in a fiscal year shall be recognized in equal annual amounts over the 5-year period following the fiscal year. As used in this Section, "payment year" means the year immediately following the levy year. (b) In addition to the contributions required under the other provisions of this Article, no later than November 1, 2021 the employer shall contribute $40,000,000 to the Fund. The additional employer contributions required under this subsection (b) are intended to decrease the unfunded liability of the Fund and shall not decrease the amount of the employer contributions required under the other provisions of this Article. The additional employer contributions made under this subsection (b) may be used by the Fund for any of its lawful purposes. (c) As used in this Section, the term "employee contributions" means contributions
by employees for retirement annuity, spouse's annuity, automatic increase in
retirement annuity, and death benefit.
In making required contributions under this Section, the employer may, in lieu of levying all or a portion of the tax required under this Section, deposit an amount not less than the required amount of employer contributions derived from any source legally available for that purpose. (d) In respect to park district employees, other than policemen, who are
transferred to the employment of a city by virtue of the "Exchange of
Functions Act of 1957", the corporate authorities of the city shall
annually levy a tax upon all taxable property embraced in the city, as
equalized or assessed by the Department of Revenue, at such rate per
cent of the value of such property as shall be sufficient, when added
to the amounts deducted from the salary or wages of such employees, to
provide the benefits to which such employees, their dependents and
beneficiaries are entitled under the provisions of this Article. The
park district shall not levy a tax hereunder in respect to such
employees. The tax levied by the city under authority of this Article
shall be in addition to and exclusive of all other taxes authorized by
law to be levied by the city for corporate, annuity fund or other
purposes.
(e) All moneys accruing from the levy and collection of taxes, pursuant
to this section, shall be remitted to the board by the employers as soon
as they are received. Where a city has levied a tax pursuant to this
Section in respect to park district employees transferred to the
employment of a city, the treasurer of such city or other authorized
officer shall remit the moneys accruing from the levy and collection of
such tax as soon as they are received. Such remittances shall be made
upon a pro rata share basis, whereby each employer shall pay to the
board such employer's proportionate percentage of each payment of taxes
received by it, according to the ratio which its tax levy for this fund
bears to the total tax levy of such employer.
(f) Should any board of park commissioners included under the provisions
of this Article be without authority to levy the tax provided in this
Section the corporation authorities (meaning the supervisor, clerk and
assessor) of the town or towns for which such board shall be the board
of park commissioners shall levy such tax.
(g) Employer contributions to the Fund may be reduced by $5,000,000 for
calendar years 2004 and 2005.
(Source: P.A. 102-263, eff. 8-6-21.)
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40 ILCS 5/12-149.5 (40 ILCS 5/12-149.5) Sec. 12-149.5. Delinquent contributions; deduction from payments of State funds to the employer. If the employer fails to transmit to the Fund contributions required of it under this Article by December 31st of the year in which such contributions are due, the Fund may, after giving notice to the employer, certify to the State Comptroller the amounts of the delinquent payments in accordance with any applicable rules of the Comptroller, and the Comptroller must, beginning in payment year 2016, deduct and remit to the Fund the certified amounts from payments of State funds to the employer. The State Comptroller may not deduct from any payments of State funds to the employer more than the amount of delinquent payments certified to the State Comptroller by the Fund.
(Source: P.A. 99-8, eff. 7-9-15.) |
40 ILCS 5/12-150
(40 ILCS 5/12-150) (from Ch. 108 1/2, par. 12-150)
Sec. 12-150. Contributions by employees for service
annuity. (a) From each payment of salary to a present employee beginning
August 4, 1961, and prior to September 1, 1971, there shall be deducted
as contributions for service annuity 6% of such payment. Beginning
September 1, 1971, the deduction shall be 6 1/2% of salary. These
contributions shall continue until the amounts thus deducted will
provide an accumulation, at regular interest, at least equal to the
amount that would be provided on such date from employee contributions,
assuming regular interest to such date, if such employee had been
contributing in accordance with the provisions of "The 1919 Act" and
this Article from the beginning of his service and the salary of the
employee during his prior service was the same as it was on July 1,
1919, or on July 1, 1937 in the case of an employee of the board.
(b) From each payment of salary to a future entrant beginning August
4, 1961, and prior to September 1, 1971, there shall be deducted as
contributions for service annuity 6% of such payment. Beginning
September 1, 1971, the deduction shall be 6 1/2% of salary.
Beginning January 1, 1990, the deduction shall be 7% of salary, except that the deduction shall be 9% of salary for a person who first becomes an employee on or after January 1, 2022 or who makes the election under item (i) of subsection (d-15) of Section 1-160.
(c) For service rendered prior to August 4, 1961, the rates of
contribution by employees for service annuity shall be as follows: July
1, 1919 to July 20, 1947, inclusive, 4% of salary; July 21, 1947 to
August 3, 1961, inclusive, 5% of salary.
For the period from July 1, 1919, to August 4, 1961 such deductions
for a present employee shall continue until such date as the amounts
deducted will provide an accumulation at least equal to that which would
be provided on such date, assuming regular interest to such date, from
deductions from salary of such employee if such employee had been under
the provisions of "The 1919 Act" and this Article from the beginning of
his service and the salary of such employee during his period of prior
service was the same as it was on July 1, 1919 or on July 1, 1937 in the
case of an employee of the board.
(d) Any employee shall have the option to contribute for service
annuity an amount, together with regular interest, equal to the
difference between the amount he had accumulated in the fund on June 30,
1947, from contributions at the rate of 4% of salary, together with
regular interest, and the amount he would have accumulated, together
with regular interest, if he had made contributions at the rate of 5% of
salary. All such contributions shall be subject to salary limitations
and other conditions in effect prior to July 1, 1947. Upon making such
contribution the employer of such employee shall contribute in the ratio
of 2 to 1 with such employee.
(Source: P.A. 102-263, eff. 8-6-21.)
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40 ILCS 5/12-150.1
(40 ILCS 5/12-150.1) (from Ch. 108 1/2, par. 12-150.1)
Sec. 12-150.1.
The employer may pick up the employee contributions required
by Sections 12-150, 12-151, 12-151.1, 12-151.2 and 12-152 for salary earned
after December 31, 1981. If employee contributions are not picked up, the
amount that would have been picked up under this amendatory Act of 1980
shall continue to be deducted from salary. If contributions are picked up
they shall
be treated as employer contributions in determining tax treatment under
the United States Internal Revenue Code; however, the employer shall continue
to withhold Federal and state income taxes based upon these contributions
until the Internal Revenue Service or the Federal courts rule that pursuant
to Section 414(h) of the United States Internal Revenue Code, these contributions
shall not be included
as gross income of the employee
until such time as they are distributed or made available.
The employer shall pay these employee contributions from the same source
of funds which is used in paying salary to the employee. The employer
may pick up these contributions by a reduction in the cash
salary of the employee or by an offset against a future salary increase
or by a combination of a reduction in salary and offset against a future
salary increase. If employee contributions are picked up they shall be
treated for all purposes of this Article 12 in the same manner and to the
same extent as employee contributions made prior to the date picked up.
(Source: P.A. 81-1536.)
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40 ILCS 5/12-150.5
(40 ILCS 5/12-150.5)
Sec. 12-150.5. (Repealed).
(Source: P.A. 98-622, eff. 6-1-14. Repealed by P.A. 102-263, eff. 8-6-21.)
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40 ILCS 5/12-151
(40 ILCS 5/12-151) (from Ch. 108 1/2, par. 12-151)
Sec. 12-151.
Contributions by employees for widow's service annuity.
Beginning July 1, 1919, subject to the provisions of Section 12-184
for transferred employees, from each payment of salary to a male
employee, there shall be deducted as contributions 1% of salary to
provide for a widow's service annuity. Such deduction shall continue
until the employee withdraws from service or retires.
(Source: P.A. 86-272.)
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40 ILCS 5/12-151.1
(40 ILCS 5/12-151.1) (from Ch. 108 1/2, par. 12-151.1)
Sec. 12-151.1.
Contributions by employees towards annual increase
in retirement annuity. Beginning July 1, 1965, there shall be deducted 1/2
of 1% of salary in the case of each employee as his contribution for the
annual increase in the basic retirement annuity; provided that beginning
January 1, 1976, the rate of deduction shall be 1% of salary. Such deduction
shall continue during the entire time the employee is in service and in
receipt of salary.
(Source: P.A. 79-478.)
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40 ILCS 5/12-151.2
(40 ILCS 5/12-151.2) (from Ch. 108 1/2, par. 12-151.2)
Sec. 12-151.2.
Contributions by female employees.
(a) Effective as of October 1, 1974, each female employee shall
contribute at the same rates as a
male employee for widow's annuity or
other benefits, to the end that like credits may be established and
maintained for both male and female employees for all purposes of this
Article with respect to annuities, benefits, contribution rates, refunds
and other provisions of this Article.
(b) Any female employee shall have the option of making
contributions for the aforesaid purposes covering the period prior to
October 1, 1974, and receiving pension credits therefor, including the
concurrent credits from city contributions. Such contributions shall
include interest at the regular interest rate from the
dates such contributions
should have been made from the beginning of their service to the dates
of payment to the end that equal credits may be provided for all
employees under this Article.
(Source: P.A. 86-272.)
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40 ILCS 5/12-152
(40 ILCS 5/12-152) (from Ch. 108 1/2, par. 12-152)
Sec. 12-152.
Contributions by employer for service annuity and widow's service
annuity.
(a) In the case of any present employee or future entrant, and for an
employee of the board, the employer shall contribute for service annuity
beginning August 4, 1961, 1.50 times the employee's contribution for this
purpose.
(b) For widow's service annuity, the employer shall contribute beginning
August 4, 1961, in the case of any employee, 2.75 times the employee's
contribution for this purpose.
(c) For service prior to August 4, 1961, the employer's contributions
for any employee shall be a percentage of salary as follows:
For service annuity: July 1, 1919 to July 13, 1927, inclusive, 8% of
salary; July 14, 1927 to July 20, 1947, inclusive, 11% of salary; July 21,
1947 to August 3, 1961, inclusive, 10% of salary.
For widow's service annuity: July 1, 1919 to July 13, 1927, inclusive,
2% of salary; July 14, 1927 to August 3, 1961, inclusive, 2 3/4% of salary.
In determining the amounts to be contributed by an employer on behalf of
an employee for service annuity and widow's service annuity in conformity
with the percentage prescribed for such annuities, the contributions to be
made by the employee during any fiscal year shall be accumulated at regular
interest to the end of such year, and the employer shall make his
contributions plus such interest, with additional regular interest between
the end of such fiscal year and the dates when contributions by the
employer are made.
(Source: P.A. 77-319.)
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40 ILCS 5/12-153
(40 ILCS 5/12-153) (from Ch. 108 1/2, par. 12-153)
Sec. 12-153.
Contributions for death benefit.
To defray the cost of the death benefit provided in Section 12-139,
each employee in service shall make an additional contribution during the
period prior to retirement, in the form of a deduction from salary, at a
rate estimated by the board to be sufficient to provide, in any fiscal
year, 1/2 of the amount necessary to meet the requirements for such benefit
payments. For the fiscal year July 1, 1955 to June 30, 1956, the rate of
employee contribution shall be 3/10 of 1% of salary. The employer shall
make contributions for this benefit through the established tax levy in an
amount equal to the contributions made by the employees.
On and after July 1, 1956, the rate of employee contribution, and the
amount of employer contributions shall be fixed by the board for each
fiscal year, prior to the beginning of such year, based upon the experience
of the fund in the payment of benefits hereunder. Employees receiving ordinary
or duty disability benefit and persons receiving a retirement annuity shall not be
required to make contributions towards this benefit.
An employee in a position involving part-time employment shall make contributions in
accordance with the rules of the board.
(Source: P.A. 79-478.)
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40 ILCS 5/12-154
(40 ILCS 5/12-154) (from Ch. 108 1/2, par. 12-154)
Sec. 12-154.
Contributions by employer for ordinary disability benefit.
The amount necessary to provide the ordinary disability benefit shall be
paid by the employer. Effective January 1, 1959, in respect to employees of
a park district other than park policemen, who were transferred to the
employment of a city by virtue of the "Exchange of Functions Act of
1957", the city to which such employees are transferred shall pay the
amount necessary for the purposes of the ordinary disability benefit.
The board shall notify the board of park commissioners and the corporate
authorities of the city to which employees of a park district have been
transferred under the "Exchange of Functions Act of 1957" of the amount
necessary for said purpose, and such amount, when approved by the board of
park commissioners, or by the corporate authorities of the city in respect
to such transferred employees, shall be included in the annual tax levy as
provided in this Article.
(Source: Laws 1963, p. 161.)
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40 ILCS 5/12-155
(40 ILCS 5/12-155) (from Ch. 108 1/2, par. 12-155)
Sec. 12-155.
Contributions by employer while employee disabled.
The employer of any employee who is receiving ordinary disability
benefit or duty disability benefit shall contribute amounts ordinarily
contributed by such employee and employer for service annuity and
widow's service annuity and the annual increase in retirement annuity
during any period for which disability benefit is paid to the employee,
and such amounts shall be credited to the employee in lieu of salary deductions.
(Source: P.A. 81-1536.)
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40 ILCS 5/12-155.1
(40 ILCS 5/12-155.1) (from Ch. 108 1/2, par. 12-155.1)
Sec. 12-155.1.
Contributions by employer towards annual increase in
retirement annuity. The employer shall contribute for the annual increase
in retirement annuity an amount representing the remainder required to
finance such increase.
(Source: P.A. 79-478.)
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40 ILCS 5/12-155.5
(40 ILCS 5/12-155.5)
Sec. 12-155.5. (Repealed).
(Source: P.A. 98-622, eff. 6-1-14. Repealed by P.A. 102-263, eff. 8-6-21.)
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