Illinois Compiled Statutes
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PENSIONS40 ILCS 5/18-169
(40 ILCS 5/) Illinois Pension Code.
(40 ILCS 5/18-169)
Application and expiration of new benefit increases.
(a) As used in this Section, "new benefit increase" means an increase in the amount of any benefit provided under this Article, or an expansion of the conditions of eligibility for any benefit under this Article, that results from an amendment to this Code that takes effect after the effective date of this amendatory Act of the 94th General Assembly.
(b) Notwithstanding any other provision of this Code or any subsequent amendment to this Code, every new benefit increase is subject to this Section and shall be deemed to be granted only in conformance with and contingent upon compliance with the provisions of this Section.
(c) The Public Act enacting a new benefit increase must identify and provide for payment to the System of additional funding at least sufficient to fund the resulting annual increase in cost to the System as it accrues.
Every new benefit increase is contingent upon the General Assembly providing the additional funding required under this subsection. The Commission on Government Forecasting and Accountability shall analyze whether adequate additional funding has been provided for the new benefit increase and shall report its analysis to the Public Pension Division of the Department of Financial and Professional Regulation. A new benefit increase created by a Public Act that does not include the additional funding required under this subsection is null and void. If the Public Pension Division determines that the additional funding provided for a new benefit increase under this subsection is or has become inadequate, it may so certify to the Governor and the State Comptroller and, in the absence of corrective action by the General Assembly, the new benefit increase shall expire at the end of the fiscal year in which the certification is made.
(d) Every new benefit increase shall expire 5 years after its effective date or on such earlier date as may be specified in the language enacting the new benefit increase or provided under subsection (c). This does not prevent the General Assembly from extending or re-creating a new benefit increase by law.
(e) Except as otherwise provided in the language creating the new benefit increase, a new benefit increase that expires under this Section continues to apply to persons who applied and qualified for the affected benefit while the new benefit increase was in effect and to the affected beneficiaries and alternate payees of such persons, but does not apply to any other person, including without limitation a person who continues in service after the expiration date and did not apply and qualify for the affected benefit while the new benefit increase was in effect.
(Source: P.A. 94-4, eff. 6-1-05.)
40 ILCS 5/18-170
(40 ILCS 5/18-170)
Termination of plan.
Upon plan termination, a participant's interest in the pension fund will be nonforfeitable.
(Source: P.A. 98-1117, eff. 8-26-14.)
40 ILCS 5/Art. 19
(40 ILCS 5/Art. 19 heading)
40 ILCS 5/Art. 19 Div. 1
(40 ILCS 5/Art. 19 Div. 1 heading)
HOUSE OF CORRECTION
EMPLOYEES' PENSION FUND
40 ILCS 5/19-101
(40 ILCS 5/19-101)
(from Ch. 108 1/2, par. 19-101)
House of correction employees' pension fund created-"Salary"
The board of inspectors of the various houses of correction, organized
under "An Act to authorize cities to establish houses of correction and
farm colonies within the corporate limits and outside of the corporate
limits within the same county and authorize the confinement of convicted
persons therein", approved April 25, 1871 and maintained thereunder in
cities having a population exceeding 150,000 inhabitants, shall have power,
and it shall be its duty to create a house of correction employees' pension
fund which shall consist of 6% of the salary or wages of the employee,
together with an additional 2% of the salary or wages of male employees,
deducted in equal monthly installments from such salaries or wages at the
regular time or times of the payment thereof, and the net earnings of the
commissary maintained and operated in the house of correction, together
with the proceeds of the tax levy hereinafter provided. The number and
compensation of all employees in such commissary and the use and
disposition of all the funds thereof shall be approved by the board of
trustees of such pension fund.
The word "salary" as used in this section shall mean actual salary but
not to exceed the amount equal to actual salary paid to a Class A guard, as
classified by the Civil Service Commission in Grade 3.
(Source: Laws 1965, p. 935.)
40 ILCS 5/19-102
(40 ILCS 5/19-102)
(from Ch. 108 1/2, par. 19-102)
The 1911 Act.
For the purposes of this Division the term "The 1911 Act" means "An Act
to provide for the setting apart, formation and disbursement of a house of
correction employees pension fund in cities having a population exceeding
150,000 inhabitants", approved June 10, 1911, as amended.
(Source: Laws 1963, p. 161.)
40 ILCS 5/19-103
(40 ILCS 5/19-103)
(from Ch. 108 1/2, par. 19-103)
Ineligibility for benefits.
Notwithstanding any other provision of this Division, none of the
benefits herein provided for shall be paid to any person who is convicted
of any felony relating to or arising out of or in connection with his
service as an employee.
This section shall not operate to impair any contract or vested right
acquired prior to July 11, 1955, under "The 1911 Act" nor to preclude the
right to a refund.
All future entrants shall be deemed to have consented to the provisions
of this section as a condition of coverage.
(Source: Laws 1963, p. 161.)
40 ILCS 5/19-104
(40 ILCS 5/19-104)
(from Ch. 108 1/2, par. 19-104)
Tax levy - disposition of revenue collected - tax
It shall be lawful for any such city to levy a tax upon all taxable
property in such city of not more than .0009 per cent of the value, as
equalized or assessed by the Department of Revenue, of
all taxable property in such city, for the purpose of providing revenue
for the pension fund herein provided for.
For such purpose, the city council of such city shall levy such a tax
annually upon all taxable property in such city at the aforementioned
rate. The tax shall be levied and collected in like manner with the
general taxes of such city, beginning with the first such levy made
subsequent to January 1, 1946, and shall be in addition to all other
taxes which such city is now or may hereafter be authorized to levy on
the aggregate valuation of all taxable property within such city, and
shall be exclusive of and in addition to the amount of tax such city is
now or may hereafter be authorized to levy for general purposes under
and by virtue of any law or laws which limit the amount of tax which
such city may levy for general purposes. The County Clerk of the county
in which such city is located, in reducing tax levies under the
provisions of any Act concerning the levy and extension of taxes, shall
not consider any such tax levied pursuant to this Division as part of
the general tax levy for city purposes, and shall not include the same
in any limitation of the per cent of the assessed valuation upon which
taxes are required to be extended.
The amount of the tax to be levied in each year shall be certified to
the city council of such city by the board of trustees of said pension
As soon as any revenue derived from the tax shall be collected, the
same shall be paid to the city treasurer of such city and shall be held
by such city treasurer for the benefit of the pension fund herein
provided for, and all such revenue shall be paid into the pension fund.
If the funds available for the purposes of this Division shall be
insufficient during any year to meet the requirements of this Division,
such city may issue tax anticipation warrants, as provided by law
against the tax levy herein provided for, for the current fiscal year.
(Source: P.A. 81-1509.)
40 ILCS 5/19-105
(40 ILCS 5/19-105)
(from Ch. 108 1/2, par. 19-105)
Term "employee" defined-withdrawal-refund-death.
The term "employee" under this Division, shall include all persons in
the employ of any such house of correction under and by virtue of an Act
entitled "An Act to regulate civil service of cities", approved and in
force March 20, 1895 and for those who were appointed prior to the
passage of such Act and who were in the service of such house of correction
July 1, 1911.
The term "employee" shall also include any person in the employ of such
house of correction who passed the civil service examination, but such
person shall not be eligible to any benefits under this Division until 2
years from the date of becoming a contributor; provided, however, that the
provisions of this Division shall not apply to temporary or probationary
employees, nor to those defined as "60-day employees", nor to any employee
who was 50 or more years of age at the time "The 1911 Act" came in force
and effect and who at said time had not been in the service of such house
of correction for at least 10 years; nor to any employee who shall enter
the service of such house of correction after January 1, 1954; and,
provided, further, that this Division shall apply only to those employees
who voluntarily accept and agree to comply with its provisions.
Any employee on sick leave or leave of absence from such house of
correction who has contributed to said pension fund, will be considered a
member of said pension fund, and will be entitled to all benefits and
annuities under this Division, while he or she remains on said sick leave
or leave of absence from said house of correction: Provided, the said
employee does not take employment other than at such house of correction
while on sick leave or leave of absence from such house of correction, and
if said employee goes to work at employment other than at such house of
correction while on said sick leave or leave of absence, from such house of
correction, he or she will not be considered an employee of such house of
correction, and will not be entitled to any benefits under this Division:
And, provided, further, that any woman employee contributing to said
pension fund, who marries and then takes a leave of absence for reasons
other than sickness of self, will not be entitled to any benefits or
annuities under this Division, while on such leave of absence, unless she
is employed at least 3 months of each year at such house of correction.
Any employee, a part of whose salary may be set apart hereafter to
provide for such fund, shall be released from the necessity of making
further payments to said fund by filing a written notice of his or her
desire to withdraw from complying with the provisions of this Division,
with the board of trustees hereinafter mentioned, which resignation shall
operate and go into effect immediately upon its receipt by said board of
Any employee who has contributed to the said fund who shall be dismissed
or resigned from the service of said house of correction, may, upon
application made, receive the total amount paid into said fund by such
person so dismissed or resigned. If an employee dies after having
contributed to said fund his nearest heir or heirs according to the law of
descent in Illinois may, upon application made after said employee's death,
receive the total amount paid into said fund by each deceased employee less
the amount or amounts paid to him and/or his widow or children in the form
(Source: Laws 1963, p. 161.)
40 ILCS 5/19-106
(40 ILCS 5/19-106)
(from Ch. 108 1/2, par. 19-106)
Custodian of fund-duty-bond-where filed.
The city treasurer, subject to the control and direction of the board of
trustees hereinafter mentioned, shall be the custodian of said pension fund
and shall secure and safely keep same and shall keep books and accounts
concerning said funds in such manner as may be prescribed by said board of
trustees, which said books and accounts shall always be subject to the
inspection of said board of trustees, or any member thereof.
The city treasurer shall within 10 days after his election or
appointment, execute a bond to the city, with good and sufficient
securities, in such penal sum as the said board of trustees shall direct,
and shall be conditioned for the faithful performance of the duties of said
office, and that he will safely keep and well and truly account for all
moneys belonging to said pension fund, and all interest thereon, which may
come into his hands, as such treasurer, and on the expiration of his term
of office, or upon his retirement therefrom for any cause, he will
surrender and deliver over to his successor all unexpended moneys, with
such interest as he may have received thereon, and all property which may
come into his hands as treasurer of said pension fund.
Such bond shall be filed in the office of the city clerk of said city
for the use of said board of trustees, or any person or persons injured by
(Source: Laws 1963, p. 161.)
40 ILCS 5/19-107
(40 ILCS 5/19-107)
(from Ch. 108 1/2, par. 19-107)
Board of trustees-powers-custodian of funds.
The board of inspectors of any such house of correction shall, in the
month of September immediately following the date of "The 1911 Act" going
into effect, arrange for the election of a board of trustees of said
pension fund composed of 7 members to be chosen as hereinafter provided,
which election shall be held not later than 2 months after "The 1911 Act"
goes into effect. The same board of trustees shall have power, and it shall
be its duty to administer said fund and to carry out the provisions of this
Division for the purpose of enabling such board of trustees to perform the
duties imposed and exercise the powers created by this Division. The board
of trustees shall be and is hereby created a body politic and corporate,
and said board of trustees may invest the accumulation of said funds in the
government, State, county or municipal bonds, and the city treasurer shall
be the custodian of said securities.
(Source: Laws 1963, p. 161.)
40 ILCS 5/19-108
(40 ILCS 5/19-108)
(from Ch. 108 1/2, par. 19-108)
Board, how composed-Term.
The said board of trustees shall consist of the chairman of the board of
inspectors and the superintendent of the house of correction, four
employees contributing to the fund and one member from the beneficiaries.
The chairman of said board of inspectors and the superintendent of the
house of correction shall be ex-officio members of such board of trustees,
and the 5 other members of such board of trustees shall be elected by
ballot, the members of the contributors to be elected by the employees
contributing to said fund at the time and for the terms respectively as
At the first election the contributors to the said fund shall elect 1 of
their number to serve for the term of 4 years, 1 for a term of 3 years, 1
for a term of 2 years and 1 of their number for the term of 1 year, and
annually thereafter said contributors shall elect 1 of their number to hold
office for the term of 4 years. Provided, that in such cities prior to July
1, 1937, the contributors shall, at the expiration of the term of office in
1937 of the member elected by them, elect 3 members for terms of 2, 3 and 4
years respectively, and annually thereafter, as the term of a member
expires, a successor shall be elected for a term of 4 years. At each
election the beneficiaries shall elect 1 of their number to serve as a
member of such board of trustees for a term of 1 year. And in case the
beneficiary or beneficiaries be a child or children the guardian of such
child or children may cast the votes to which such child or children may be
(Source: Laws 1963, p. 161.)
40 ILCS 5/19-109
(40 ILCS 5/19-109)
(from Ch. 108 1/2, par. 19-109)
Membership on board ceases, when - Vacancies - Powers and
duties - Amount of annuities.
Whenever any elective member of the board of trustees shall cease to be
in the employ of or to be a member of the board of inspectors of the house
of correction, or a beneficiary of the house of correction employees' fund,
his or her membership in the board of trustees shall cease. All vacancies
in the board of trustees shall be filled by a ballot as aforesaid.
The board of trustees shall have power and it shall be its duty:
1. To make all payments from the pension fund pursuant to the provisions
of this Division.
2. To administer and invest, to purchase, hold, sell or assign and
transfer any part of the pension fund remaining in the hands of the
treasurer or any of the securities in which the fund, or any part thereof,
may be invested.
3. To pay all necessary expenses in connection with the administration
of the fund and in carrying out the provisions of this Division for which
provisions are not otherwise made.
4. To take by gift, grant or bequest, or otherwise, any money or
property of any kind and hold the same for the benefit of the fund.
5. To make and establish all such rules for the transactions of its
business and such other rules, regulations and bylaws as may be necessary
for the proper administration of the fund committed to its charge, and the
performance of the duties imposed upon it.
6. To see that there is no restitution of deductions from salaries after
the contributor has become eligible to an annuity under this Division.
7. It shall keep full and complete records of its meetings and of the
receipts and disbursements on account of such fund, and also a complete
list of all contributors to the fund, and of all annuitants receiving
benefits therefrom, and such other records as in its judgment shall seem
necessary and shall make and publish annually a full and complete statement
of its financial transactions.
8. The board shall hear and determine all applications for benefits
given under this Division, on account of disability and shall have power to
suspend any annuity given on account of disability whenever in its judgment
the disability of the beneficiary has ceased, or for any other good cause.
9. Any contributor to the fund who is at least 55 years of age and who
has been in the service of the house of correction for a period of 25
years, and has contributed to the fund for the same period, shall have the
right to retire and become a beneficiary under this Division as follows:
Any such contributor who retires and becomes a beneficiary of this fund
after July 1, 1951, shall receive a benefit or annuity of 40% of salary per
annum; provided, if such contributor remains in the service until he serves
30 years or attains an age of 60 years, he shall receive a benefit or
annuity of 45% of salary; and provided further if such contributor remains
in the service until he serves 35 years or attains an age of 65 years, the
amount of such benefit shall be 50% of salary, as defined in this Division.
The annuities are to be paid in equal monthly installments, and in case of
insufficient funds in the treasury, the treasurer shall be empowered to pay
to the beneficiaries a pro rata amount of the sum in the treasury, such pro
rata amount to be divided equally among the beneficiaries entitled to the
Any contributor to the fund who has been in the service of the house of
correction for a period of more than 10 years but less than 25 years and
has contributed to the fund during his entire period of service shall have
a right to receive from this fund after the attainment of age 55 years an
annuity of an amount equal to 1/15 of the amount he would have received had
he remained a contributor to this fund until he had been in the service for
25 years, for each year of service over 10 years; provided, however, that
service for a period of 8 months in any 1 calendar year shall be considered
as a year of service for that year.
Any male contributor to this fund who retires on annuity and at that
time is single and does not have a child or children under the age of 18
years, shall be entitled to receive a refund of the additional 2% which he
has contributed to this fund from and after the effective date of this
(Source: Laws 1965, p. 937
40 ILCS 5/19-110
(40 ILCS 5/19-110)
(from Ch. 108 1/2, par. 19-110)
Upon the death of any contributor or any beneficiary who before becoming
a beneficiary contributed to said fund for at least 2 years the said board
of trustees shall pay, as hereinafter provided, an annuity not to exceed
$75.00 per month to the widow as long as she remains unmarried: Provided if
at the time of his death such contributor shall have been in the service of
the house of correction for a period of 15 or more years, the board of
trustees shall pay as hereinafter provided an annuity of $125.00 a month to
such widow as long as she remains unmarried; provided she was the wife of
such contributor or beneficiary during the period of time he was an
employee of the house of correction and a contributor to this fund and had
been his wife 2 years before his death, and if there is no widow eligible
to receive such benefits, said board of trustees shall pay such annuity to
the child or children of such deceased contributor or beneficiary, until
such time as the youngest child shall reach the age 18 years. If there be
no widow or child or children eligible, and there is a dependent parent or
parents of the deceased contributor or beneficiary, such dependent parent
or parents may be paid the sum of $25.00 per month upon their furnishing
proof satisfactory to the board of trustees of their dependency upon the
Provided, further, that upon the death of any contributor or beneficiary
no annuity shall be paid to the widow, child or children or dependent
parent or parents unless such contributor or beneficiary shall have been in
the service of the house of correction for a period of at least 2 years,
and shall have contributed to said fund for the same period: 50% of the
maximum annuity shall be paid as hereinabove provided if the death of such
contributor or beneficiary occurs before the deceased contributor or
beneficiary shall have served 10 years as an employee of the house of
correction; and the maximum annuity shall be paid, as hereinabove provided,
if the death of such contributor or beneficiary occurs within or after the
11th year next after such contributor or beneficiary became an employee.
(Source: Laws 1965, p. 937.)
40 ILCS 5/19-111
(40 ILCS 5/19-111)
(from Ch. 108 1/2, par. 19-111)
Retirement after ten years-Notice to board.
Any person who is at least 55 years of age and who has been an employee
of said house of correction for a period of 10 years or more and has
contributed to said fund for a period of not less than the full term of
service, or shall pay into the fund the amount of money such person would
have paid had contributions been made by him at the prevailing rate from
the first day of his employment, together with interest at 4% on each such
contribution from the time it should have been paid until it was paid, may
retire from the service of said house of correction upon 60 days notice, to
be given to said board of trustees (unless such notice is waived by said
board of trustees) and become an annuitant under this Division.
(Source: Laws 1963, p. 161.)
40 ILCS 5/19-112
(40 ILCS 5/19-112)
(from Ch. 108 1/2, par. 19-112)
Temporary employees-Certification and appointment to permanent
Any person who is certified and appointed to a position as an employee
of the house of correction, as employee is defined in this Division, who
has served as an employee of the house of correction by virtue of temporary
appointment prior to such certification and appointment, shall have the
right to have credited to such employee for pension and widow's pension
purposes the period of time such employee served in such position by virtue
of temporary appointment, upon such employee paying into the house of
correction employees' pension fund such amount of money as he would have
paid into such pension fund had he been a member of such pension fund
during such period of temporary employment, together with interest at the
rate of 4% per annum upon each such payment from the time such payment
would have been made had he been a participant in the fund, until such
payment is made; provided, however, such right to receive credit must be
exercised by such employee on or before July 1, 1952, or within 3 years
after the date of his appointment and certification, whichever is the later
(Source: Laws 1963, p. 161.)
40 ILCS 5/19-113
(40 ILCS 5/19-113)
(from Ch. 108 1/2, par. 19-113)
Retirement account of disability.
Any person who has contributed to said fund for a period of 3 years or
more may retire from the service of said house of correction on account of
serious disability rendering him or her unable to properly discharge his or
her duties. If such disability is incurred as the result of the performance
of any act or acts of duty, such disabled person shall be entitled to
receive an amount equal to 75% of salary as salary is defined in Section
19-101 of this Division, until such person shall recover from such
disability or shall attain an age of 65 years, at which time he shall
retire from the service and be entitled to receive a pension as provided
for in Section 19-109 of this Division. If such disability shall not be
the result of the performance of an act or acts of duty, and is not due to
alcoholism or pregnancy, such person shall be entitled to receive ordinary
disability pension in the amount of 44% of said contributor's salary per
month for a period of time equal to 1/2 of his period of service, but not
to exceed 5 years.
Neither duty disability pension nor ordinary disability pension shall be
paid to any contributor to this fund after such contributor has attained
the age of 65 years; provided, however, that any person in receipt of
ordinary disability pension or duty disability pension from this fund, if
he shall still be disabled upon attainment of age 65 and shall have a
period of service of 10 years or more (which period of service shall
consist of actual service plus the period of time such person received
disability pension,) shall be retired upon the annuity provided for in
Section 19-109 of this Division.
In the event any person receiving ordinary disability pension shall
continue to be disabled after the expiration of the period of time for
which he shall be entitled to receive disability pension, and before the
attainment by such person of the age of 55 years, such person shall be
entitled to retire upon the annuity provided for in Section 19-109 of this
Division as though such disabled person had attained 55 years of age;
provided, if such annuity shall be less than $300 per year, the employee
concerned may, at his option, in lieu of such annuity, withdraw the
contributions he shall have made to the fund together with the interest
thereon. Such disabled person must be found to be disabled and unable to
discharge the duties of his position upon an examination made by a
physician appointed by the board of trustees. During the period any person
is in receipt of ordinary disability pension, such person shall continue to
make the contributions provided under Section 19-101 of this Division.
When such disabled person shall have recovered from such disability he or
she shall be removed from the disability roll and shall be restored to his
or her position in the service.
(Source: Laws 1963, p. 161
40 ILCS 5/19-114
(40 ILCS 5/19-114)
(from Ch. 108 1/2, par. 19-114)
Certificate of disability.
No contributor shall receive any benefit from said fund on account of
disability unless there be filed with the board of trustees of the fund a
certificate of his disability which certificate shall be subscribed and
sworn to by the house of correction physician (if there be one) and one
practicing physician of the city where such house of correction is located.
(Source: Laws 1963, p. 161.)
40 ILCS 5/19-115
(40 ILCS 5/19-115)
(from Ch. 108 1/2, par. 19-115)
Marriage of beneficiary.
When any contributor to said fund, who has been in the service of the
house of correction for a period of 20 years, has contributed to said fund
for the same period and has retired and become a beneficiary under "The
1911 Act" or this Division, shall then marry, such wife of such marriage
shall after his death receive no benefit nor annuity from said fund.
Any widow or child or children receiving benefits or annuities, under
"The 1911 Act", shall continue to receive such benefits or annuities, which
shall be increased from $480 per year to not more than $720 per year and
paid in accordance with the provisions of Section 19-110 of this Division.
The term "child" or "children" under this Division shall not include
adopted child or children, nor shall it include a stepchild or stepchildren
of any contributor to aforesaid pension fund.
(Source: P.A. 95-279, eff. 1-1-08.)
40 ILCS 5/19-116
(40 ILCS 5/19-116)
(from Ch. 108 1/2, par. 19-116)
Deductions certified monthly to treasurer.
The chairman of the board of inspectors and the superintendent of the
house of correction shall certify monthly to the treasurer all amounts
deducted in accordance with the provisions of this Division from the
salaries paid by the house of correction, which amounts, as well as all
other sums contributed to said fund under the provisions of this Division,
shall be set apart and held by said treasurer for the purpose hereinbefore
specified, subject to the order of said board of trustees and shall be paid
out upon warrants signed by the president and secretary of said board of
(Source: Laws 1963, p. 161.)
40 ILCS 5/19-117
(40 ILCS 5/19-117)
(from Ch. 108 1/2, par. 19-117)
All annuities granted under the provisions of this Division shall be
exempt from attachment and garnishment process and no annuitant shall have
the right to transfer or assign his or her annuity either by way of
mortgage or otherwise.
(Source: Laws 1963, p. 161.)
40 ILCS 5/19-118
(40 ILCS 5/19-118)
(from Ch. 108 1/2, par. 19-118)
Interference with enforcement-Penalties-Repeal.
Any person who shall directly or indirectly avoid or seek to avoid any
or all the provisions of this Division, or shall directly or indirectly
interfere with, or obstruct the enforcement of any of the provisions of
this Division, shall be guilty of a Class B misdemeanor.
This law shall take preference over all other laws and all laws and
parts of laws which are inconsistent with this Division or any provisions
hereof are hereby repealed.
(Source: P.A. 77-2560.)