Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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PENSIONS40 ILCS 5/12-189
(40 ILCS 5/) Illinois Pension Code.
(40 ILCS 5/12-189)
(from Ch. 108 1/2, par. 12-189)
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. Where there is a
direct conflict in the provisions of that Act and the specific provisions of
this Article, the latter provisions shall prevail; except that the provisions
of this Article shall be applied without taking into account the provisions of
Section 12-130 regarding commencement of benefits at age 50 unless all the
systems to which the member is applying allow for a service retirement annuity
payable at age 50.
(Source: P.A. 87-1265.)
40 ILCS 5/12-190
(40 ILCS 5/12-190)
(from Ch. 108 1/2, par. 12-190)
(a) All pensions, annuities, refunds or disability benefits granted under
this Article, and every portion thereof, are exempt from any State or
municipal tax, and 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 for the payment and satisfaction in whole or in part of any debt,
damage, claim, demand or judgment against a pensioner, annuitant, refund
applicant or other beneficiary hereunder.
(b) No pensioner, annuitant, applicant for refund, disability
beneficiary or other beneficiary has a right to transfer or assign his or
her pension, annuity, refund or disability benefit or any part thereof,
either by mortgage or otherwise, except that an annuitant may direct that a
monthly payment be made to the group health or hospital insurance plan
administered by his or her former employer or by the pension fund
established under this Article.
(c) Whenever an annuity, pension, refund or disability benefit is
payable to a minor or a person adjudged to be under legal disability, the
board, in its discretion, when in the apparent interest of such minor or
person under legal disability, may waive guardianship proceedings and pay
such money to the person providing for or caring for such minor and to the
spouse or blood relative providing or caring for such person under legal
disability. In the event the person under legal disability has no spouse
or blood relatives willing to provide or care for him or her, and for whom
no estate guardian has been appointed, and who is confined to a Medicare approved,
State certified nursing home or a publicly owned and operated nursing home,
hospital or mental institution, the board may pay such benefit due such
person to the head of the nursing home, hospital or mental institution for
deposit to such person's trust fund account maintained by the
certified nursing home, hospital or institution, if such trust fund
accounts are authorized or recognized by law. The acceptance of
the payment and the endorsement of the payment by the person caring for or
providing for a minor or a person under legal disability shall be an
absolute discharge of the board's and the fund's liability in respect to
the amount so paid.
(d) Whenever an employee, pensioner, annuitant, applicant for refund or
disability beneficiary disappears or the person's whereabouts are unknown
and it cannot be ascertained whether or not the person is alive, there
shall be paid to the person's spouse the amount which would be payable to
the spouse in the event that the person died on the date of disappearance.
In the event the missing person returns, or is proved to be alive, the
amount previously paid to the spouse shall be charged against any moneys
payable to the person under this Article as though such payment to the
spouse had been an allowance out of the moneys payable to such person.
(Source: P.A. 86-1488.)
40 ILCS 5/12-190.1
(40 ILCS 5/12-190.1)
(from Ch. 108 1/5, par. 12-190.1)
Payment of an annuity other than direct.
The board, at
the written direction and request of any annuitant, may, solely as an
accommodation to the annuitant, pay the amounts due the annuitant 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 the
annuitant for his or her benefit with such bank, savings and loan
association or trust company. An annuitant may withdraw such direction at any time.
(Source: P.A. 86-1488.)
40 ILCS 5/12-190.2
(40 ILCS 5/12-190.2)
(from Ch. 108 1/2, par. 12-190.2)
The amount of any overpayment,
of any pension or benefit granted under this Article, due to fraud,
misrepresentation or error, may be deducted from future payments or refunds
made to the recipient of the overpayment. The board also may
withhold payment of any benefits or pensions payable under this Article
where any type of lawsuit or Workers' Compensation suit has been
instituted until the specific liability of the board and the fund for
payments due is established by the adjudication or dismissal of the suit.
Any such action of the board shall relieve and release the board and the
fund from any liability for any moneys deducted or withheld.
(Source: P.A. 86-1488.)
40 ILCS 5/12-190.3
(40 ILCS 5/12-190.3)
(from Ch. 108 1/2, par. 12-190.3)
Any person who knowingly makes any false
statement or falsifies or permits to be falsified any record of this Fund
in any attempt to defraud the Fund is guilty of a Class A misdemeanor.
None of the benefits provided for in this Article shall be paid to any person who is convicted of any misdemeanor or felony relating to or arising out of or in connection with any attempt to defraud the Fund.
This Section shall not operate to impair any contract or vested right previously acquired under any law or laws continued in this Article, nor to preclude the right to a refund.
(Source: P.A. 96-1466, eff. 8-20-10.)
40 ILCS 5/12-191
(40 ILCS 5/12-191)
(from Ch. 108 1/2, par. 12-191)
None of the benefits provided for in this Article shall be paid to any
person who is convicted of any felony relating to or arising out of or in
connection with his service as an employee.
None of the benefits provided for in this Article shall be paid to any person who otherwise would receive a survivor benefit who is convicted of any felony relating to or arising out of or in connection with the service of the employee from whom the benefit results.
This Section shall not operate to impair any contract or vested right
heretofore acquired under any law or laws continued in this Article, nor to
preclude the right to a refund, and for the changes under this amendatory Act of the 100th General Assembly, shall not impair any contract or vested right acquired by a survivor prior to the effective date of this amendatory Act of the 100th General Assembly.
All future entrants entering service subsequent to July 11, 1955 shall
be deemed to have consented to the provisions of this section as a
condition of coverage, and all participants entering service subsequent to the effective date of this amendatory Act of the 100th General Assembly shall be deemed to have consented to the provisions of this amendatory Act as a condition of participation.
(Source: P.A. 100-334, eff. 8-25-17.)
40 ILCS 5/12-192
(40 ILCS 5/12-192)
(from Ch. 108 1/2, par. 12-192)
The provisions of the Administrative
Review Law, and all amendments and modifications thereof and the rules adopted
pursuant thereto, shall apply to and govern all proceedings for the
judicial review of final administrative decisions of the retirement board
provided for under this Article. The term "administrative decision" is as
defined in Section 3-101 of the Code of Civil Procedure.
(Source: P.A. 82-783.)
40 ILCS 5/12-193
(40 ILCS 5/12-193)
(from Ch. 108 1/2, par. 12-193)
General provisions and savings clause.
The provisions of Article 1 and Article 23 of this Code apply to this
Article as though such provisions were fully set forth in this Article as a
(Source: Laws 1963, p. 161.)
40 ILCS 5/12-194
(40 ILCS 5/12-194)
(from Ch. 108 1/2, par. 12-194)
Effective Date of Certain Provisions.
The changes made
by this amendatory Act of 1989 pertaining to the date of fixation of
annuities and the period of time for which disability benefits are payable
shall be effective July 1, 1988.
(Source: P.A. 86-272.)
40 ILCS 5/12-195
(40 ILCS 5/12-195)
Application and expiration of new benefit increases.
(a) As used in this Section, "new benefit increase" means an increase in the amount of any benefit provided under this Article, or an expansion of the conditions of eligibility for any benefit under this Article, that results from an amendment to this Code that takes effect after the effective date of this amendatory Act of the 98th General Assembly.
(b) Notwithstanding any other provision of this Code or any subsequent amendment to this Code, every new benefit increase is subject to this Section and shall be deemed to be granted only in conformance with and contingent upon compliance with the provisions of this Section.
(c) The Public Act enacting a new benefit increase must identify and provide for payment to the Fund of additional funding at least sufficient to fund the resulting annual increase in cost to the Fund as it accrues.
Every new benefit increase is contingent upon the General Assembly providing the additional funding required under this subsection (c). The State Actuary shall analyze whether adequate additional funding has been provided for the new benefit increase. A new benefit increase created by a Public Act that does not include the additional funding required under this subsection (c) is null and void. If the State Actuary determines that the additional funding provided for a new benefit increase under this subsection (c) is or has become inadequate, it may so certify to the Governor and the State Comptroller and, in the absence of corrective action by the General Assembly, the new benefit increase shall expire at the end of the fiscal year in which the certification is made.
(Source: P.A. 98-622, eff. 6-1-14
40 ILCS 5/Art. 13
(40 ILCS 5/Art. 13 heading)
METROPOLITAN WATER RECLAMATION
DISTRICT RETIREMENT FUND
(Source: P.A. 95-331, eff. 8-21-07.)
40 ILCS 5/Art. 13 Pt. I
(40 ILCS 5/Art. 13 Pt. I heading)
40 ILCS 5/13-101
(40 ILCS 5/13-101)
(from Ch. 108 1/2, par. 13-101)
Creation of Fund.
In each sanitary district organized
under the Metropolitan Water Reclamation District Act, a Sanitary District
Employees' and Trustees' Annuity and Benefit Fund shall be created, set
apart, maintained and administered, in the manner prescribed in this
Article for the benefit of the employees herein designated and their
beneficiaries. Beginning January 1, 1992, the Fund shall be known as the
Metropolitan Water Reclamation District Retirement Fund.
(Source: P.A. 87-794.)
40 ILCS 5/13-102
(40 ILCS 5/13-102)
(from Ch. 108 1/2, par. 13-102)
Amendatory Act of 1991.
This amendatory Act of 1991
is intended to clarify and restate the provisions of this Article 13
and to make certain substantive changes. This amendatory Act shall
not be applied to deprive any person of eligibility for an annuity
or benefit, to reduce the annuity or benefit, or to deprive a
person of any right to which that person would have been entitled
prior to the effective date of this amendatory Act of 1991, if
the person from whose employment the annuity, benefit or right
derives was an employee prior to that date.
(Source: P.A. 87-794.)
40 ILCS 5/Art. 13 Pt. II
(40 ILCS 5/Art. 13 Pt. II heading)
40 ILCS 5/13-201
(40 ILCS 5/13-201)
(from Ch. 108 1/2, par. 13-201)
The terms used in this Article shall have
the meanings ascribed to them in this Part II, except when the context
(Source: P.A. 87-794.)
40 ILCS 5/13-202
(40 ILCS 5/13-202)
(from Ch. 108 1/2, par. 13-202)
The Metropolitan Water Reclamation District
Retirement Fund, formerly known as the "Sanitary District Employees' and
Trustees' Annuity and Benefit Fund" which was heretofore created for the
benefit of the employees herein designated and their beneficiaries.
(Source: P.A. 87-794.)