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91_HB4191
LRB9110330EGfg
1 AN ACT in relation to public employee benefits.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Pension Code is amended by
5 changing Sections 9-121.6, 9-134, 9-134.3, 9-146.1, 9-163,
6 9-179.1, and 9-219 and adding Sections 9-121.14 and 9-121.16
7 as follows:
8 (40 ILCS 5/9-121.6) (from Ch. 108 1/2, par. 9-121.6)
9 Sec. 9-121.6. Alternative annuity for county officers.
10 (a) Any county officer elected by vote of the people may
11 elect to establish alternative credits for an alternative
12 annuity by electing in writing to make additional optional
13 contributions in accordance with this Section and procedures
14 established by the board. Such elected county officer may
15 discontinue making the additional optional contributions by
16 notifying the Fund in writing in accordance with this Section
17 and procedures established by the board.
18 Additional optional contributions for the alternative
19 annuity shall be as follows:
20 (1) For service after the option is elected, an
21 additional contribution of 3% of salary shall be contributed
22 to the Fund on the same basis and under the same conditions
23 as contributions required under Sections 9-170 and 9-176.
24 (2) For service before the option is elected, an
25 additional contribution of 3% of the salary for the
26 applicable period of service, plus interest at the effective
27 rate from the date of service to the date of payment. All
28 payments for past service must be paid in full before credit
29 is given. No additional optional contributions may be made
30 for any period of service for which credit has been
31 previously forfeited by acceptance of a refund, unless the
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1 refund is repaid in full with interest at the effective rate
2 from the date of refund to the date of repayment.
3 (b) In lieu of the retirement annuity otherwise payable
4 under this Article, any county officer elected by vote of the
5 people who (1) has elected to participate in the Fund and
6 make additional optional contributions in accordance with
7 this Section, and (2) has attained age 55 60 with at least 10
8 years of service credit, or has attained age 60 65 with at
9 least 8 years of service credit, may elect to have his
10 retirement annuity computed as follows: 3% of the
11 participant's salary at the time of termination of service
12 for each of the first 8 years of service credit, plus 4% of
13 such salary for each of the next 4 years of service credit,
14 plus 5% of such salary for each year of service credit in
15 excess of 12 years, subject to a maximum of 80% of such
16 salary. To the extent such elected county officer has made
17 additional optional contributions with respect to only a
18 portion of his years of service credit, his retirement
19 annuity will first be determined in accordance with this
20 Section to the extent such additional optional contributions
21 were made, and then in accordance with the remaining Sections
22 of this Article to the extent of years of service credit with
23 respect to which additional optional contributions were not
24 made.
25 (c) In lieu of the disability benefits otherwise payable
26 under this Article, any county officer elected by vote of the
27 people who (1) has elected to participate in the Fund, and
28 (2) has become permanently disabled and as a consequence is
29 unable to perform the duties of his office, and (3) was
30 making optional contributions in accordance with this Section
31 at the time the disability was incurred, may elect to receive
32 a disability annuity calculated in accordance with the
33 formula in subsection (b). For the purposes of this
34 subsection, such elected county officer shall be considered
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1 permanently disabled only if: (i) disability occurs while in
2 service as an elected county officer and is of such a nature
3 as to prevent him from reasonably performing the duties of
4 his office at the time; and (ii) the board has received a
5 written certification by at least 2 licensed physicians
6 appointed by it stating that such officer is disabled and
7 that the disability is likely to be permanent.
8 (d) Refunds of additional optional contributions shall
9 be made on the same basis and under the same conditions as
10 provided under Section 9-164, 9-166 and 9-167. Interest shall
11 be credited at the effective rate on the same basis and under
12 the same conditions as for other contributions. Optional
13 contributions shall be accounted for in a separate Elected
14 County Officer Optional Contribution Reserve. Optional
15 contributions under this Section shall be included in the
16 amount of employee contributions used to compute the tax levy
17 under Section 9-169.
18 (e) The effective date of this plan of optional
19 alternative benefits and contributions shall be January 1,
20 1988, or the date upon which approval is received from the
21 U.S. Internal Revenue Service, whichever is later. The plan
22 of optional alternative benefits and contributions shall not
23 be available to any former county officer or employee
24 receiving an annuity from the Fund on the effective date of
25 the plan, unless he re-enters service as an elected county
26 officer and renders at least 3 years of additional service
27 after the date of re-entry.
28 (Source: P.A. 85-964.)
29 (40 ILCS 5/9-121.14 new)
30 Sec. 9-121.14. Benefit processors. An employee with at
31 least 5 years of creditable service under this Article may
32 purchase service credit for annuity purposes for up to 5
33 years of time spent working as a benefits processor for a
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1 firm under contract with the Fund, by paying to the Fund
2 before January 1, 2001 an amount equal to 8.5% of the salary
3 received for that work or, if that salary is not
4 determinable, 8.5% of the employee's annual salary rate on
5 the first day of service in the Fund for each year of service
6 credit established under this Section. The employee may not
7 make optional contributions under Section 9-121.6 or 9-179.3
8 for periods of credit established under this Section.
9 (40 ILCS 5/9-121.16 new)
10 Sec. 9-121.16. Contractual service to the Retirement
11 Board. A person who has rendered continuous contractual
12 services (other than legal services) to the Retirement Board
13 for a period of at least 5 years may establish creditable
14 service in the Fund for up to 10 years of those services by
15 making written application to the Board before January 1,
16 2001 and paying to the Fund an amount to be determined by the
17 Board, equal to the employee contributions that would have
18 been required if those services had been performed as an
19 employee.
20 For the purposes of calculating the required payment, the
21 Board may determine the applicable salary equivalent based on
22 the compensation received by the person for performing those
23 contractual services. The salary equivalent calculated under
24 this Section shall not be used for determining final average
25 salary under Section 9-134 or any other provisions of this
26 Code.
27 A person may not make optional contributions under
28 Section 9-121.6 or 9-179.3 for periods of credit established
29 under this Section.
30 (40 ILCS 5/9-134) (from Ch. 108 1/2, par. 9-134)
31 Sec. 9-134. Minimum annuity - Additional provisions.
32 (a) An employee who withdraws after July 1, 1957 at age
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1 60 or more with 20 or more years of service, for whom the
2 amount of age and service and prior service annuity combined
3 is less than the amount stated in this Section from the date
4 of withdrawal, instead of all annuities otherwise provided in
5 this Article, is entitled to receive an annuity for life of
6 an amount equal to 1 2/3% for each year of service, of his
7 highest average annual salary for any 5 consecutive years
8 within the last 10 years of service immediately preceding the
9 date of withdrawal; provided that in the case of any employee
10 who withdraws on or after July 1, 1971, such employee age 60
11 or over with 20 or more years of service, or who withdraws on
12 or after January 1, 1982 and on or after attainment of age 65
13 with 10 or more years of service, shall instead receive an
14 annuity for life equal to 1.67% for each of the first 10
15 years of service; 1.90% for each of the next 10 years of
16 service; 2.10% for each year of service in excess of 20 but
17 not exceeding 30; and 2.30% for each year of service in
18 excess of 30, based on the highest average annual salary for
19 any 4 consecutive years within the last 10 years of service
20 immediately preceding the date of withdrawal.
21 An employee who withdraws after July 1, 1957, but prior
22 to January 1, 1988, with 20 or more years of service, before
23 age 60 is entitled to annuity, to begin not earlier than age
24 55, if under such age at withdrawal, as computed in the last
25 preceding paragraph, reduced 1/2 of 1% for each full month or
26 fractional part thereof that his attained age when annuity is
27 to begin is less than 60 to the end that the total reduction
28 at age 55 shall be 30%, except that an employee retiring at
29 age 55 or over but less than age 60, having at least 35 years
30 of service, shall not be subject to the reduction in his
31 retirement annuity because of retirement below age 60.
32 An employee who withdraws on or after January 1, 1988,
33 with 20 or more years of service and before age 60, is
34 entitled to annuity as computed above, to begin not earlier
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1 than age 50 if under such age at withdrawal, reduced 1/2 of
2 1% for each full month or fractional part thereof that his
3 attained age when annuity is to begin is less than 60, to the
4 end that the total reduction at age 50 shall be 60%, except
5 that an employee retiring at age 50 or over but less than age
6 60, having at least 30 years of service, shall not be subject
7 to the reduction in retirement annuity because of retirement
8 below age 60.
9 An employee who withdraws on or after January 1, 1992 but
10 before January 1, 1993, at age 60 or over with 5 or more
11 years of service, may elect, in lieu of any other employee
12 annuity provided in this Section, to receive an annuity for
13 life equal to 2.20% for each of the first 20 years of
14 service, and 2.40% for each year of service in excess of 20,
15 based on the highest average annual salary for any 4
16 consecutive years within the last 10 years of service
17 immediately preceding the date of withdrawal. An employee
18 who withdraws on or after January 1, 1992, but before January
19 1, 1993, on or after attainment of age 55 but before
20 attainment of age 60 with 5 or more years of service, is
21 entitled to elect such annuity, but the annuity shall be
22 reduced 0.25% for each full month or fractional part thereof
23 that his attained age when the annuity is to begin is less
24 than age 60, to the end that the total reduction at age 55
25 shall be 15%, except that an employee retiring at age 55 or
26 over but less than age 60, having at least 30 years of
27 service, shall not be subject to the reduction in retirement
28 annuity because of retirement below age 60. This annuity
29 benefit formula shall only apply to those employees who are
30 age 55 or over prior to January 1, 1993, and who elect to
31 withdraw at age 55 or over on or after January 1, 1992 but
32 before January 1, 1993.
33 An employee who withdraws on or after July 1, 1996 but
34 before August 1, 1996, at age 55 or over with 8 or more years
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1 of service, may elect, in lieu of any other employee annuity
2 provided in this Section, to receive an annuity for life
3 equal to 2.20% for each of the first 20 years of service, and
4 2.40% for each year of service in excess of 20, based on the
5 highest average annual salary for any 4 consecutive years
6 within the last 10 years of service immediately preceding the
7 date of withdrawal, but the annuity shall be reduced by 0.25%
8 for each full month or fractional part thereof that the
9 annuitant's attained age when the annuity is to begin is less
10 than age 60, unless the annuitant has at least 30 years of
11 service.
12 The maximum annuity under this paragraph (a) shall not
13 exceed 70% of highest average annual salary for any 5
14 consecutive years within the last 10 years of service in the
15 case of an employee who withdraws prior to July 1, 1971, and
16 75% of the highest average annual salary for any 4
17 consecutive years within the last 10 years of service
18 immediately preceding the date of withdrawal if withdrawal
19 takes place on or after July 1, 1971 and prior to January 1,
20 1988, and 80% of the highest average annual salary for any 4
21 consecutive years within the last 10 years of service
22 immediately preceding the date of withdrawal if withdrawal
23 takes place on or after January 1, 1988. Fifteen hundred
24 dollars shall be considered the minimum amount of annual
25 salary for any year, and the maximum shall be his salary as
26 defined in this Article, except that for the years before
27 1957 and subsequent to 1952 the maximum annual salary to be
28 considered shall be $6,000, and for any year before the year
29 1953, $4,800.
30 (b) Any employee who withdraws on or after July 1, 1985
31 but prior to January 1, 1988, at age 60 or over with 10 or
32 more years of service, may elect in lieu of the benefit in
33 paragraph (a) to receive an annuity for life equal to 2.00%
34 for each year of service, based on the highest average annual
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1 salary for any 4 consecutive years within the last 10 years
2 of service immediately preceding the date of withdrawal. An
3 employee who withdraws on or after July 1, 1985, but prior to
4 January 1, 1988, with 10 or more years of service, but before
5 age 60, is entitled to elect such annuity, to begin not
6 earlier than age 55, but the annuity shall be reduced 0.5%
7 for each full month or fractional part thereof that his
8 attained age when the annuity is to begin is less than 60, to
9 the end that the total reduction at age 55 shall be 30%;
10 except that an employee retiring at age 55 or over but less
11 than age 60, having at least 30 years of service, shall not
12 be subject to the reduction in retirement annuity because of
13 retirement below age 60.
14 An employee who withdraws on or after January 1, 1988, at
15 age 60 or over with 10 or more years of service, may elect,
16 in lieu of the benefit in paragraph (a), to receive an
17 annuity for life equal to 2.20% for each of the first 20
18 years of service, and 2.4% for each year of service in excess
19 of 20, based on the highest average annual salary for any 4
20 consecutive years within the last 10 years of service
21 immediately preceding the date of withdrawal. An employee who
22 withdraws on or after January 1, 1988, with 10 or more years
23 of service, but before age 60, is entitled to elect such
24 annuity, to begin not earlier than age 50, but the annuity
25 shall be reduced 0.5% for each full month or fractional part
26 thereof that his attained age when the annuity is to begin is
27 less than 60, to the end that the total reduction at age 50
28 shall be 60%, except that an employee retiring at age 50 or
29 over but less than age 60, having at least 30 years of
30 service, shall not be subject to the reduction in retirement
31 annuity because of retirement below age 60.
32 The maximum annuity under this paragraph (b) shall not
33 exceed 75% of the highest average annual salary for any 4
34 consecutive years within the last 10 years of service
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1 immediately preceding the date of withdrawal if withdrawal
2 occurs prior to January 1, 1988, or 80% of the highest
3 average annual salary for any 4 consecutive years within the
4 last 10 years of service immediately preceding the date of
5 withdrawal if withdrawal takes place on or after January 1,
6 1988.
7 The provisions of this paragraph (b) do not apply to any
8 former County employee receiving an annuity from the fund,
9 who re-enters service as a County employee, unless he renders
10 at least 3 years of additional service after the date of
11 re-entry.
12 (c) For an employee receiving disability benefit, the
13 salary for annuity purposes under paragraph (a) or (b) of
14 this Section shall, for all periods of disability benefit
15 subsequent to the year 1956, be the amount on which his
16 disability benefit was based.
17 (d) A county employee with 20 or more years of service,
18 whose entire disability benefit credit period expires before
19 attainment of age 50 (age 55 if expiration occurs before
20 January 1, 1988), while still disabled for service is
21 entitled upon withdrawal to the larger of:
22 (1) The minimum annuity provided above, assuming
23 that he is then age 50 (age 55 if expiration occurs
24 before January 1, 1988), and reducing such annuity to its
25 actuarial equivalent at his attained age on such date, or
26 (2) the annuity provided from his age and service
27 and prior service annuity credits.
28 (e) The minimum annuity provisions above do not apply to
29 any former county employee receiving an annuity from the
30 fund, who re-enters service as a county employee, unless he
31 renders at least 3 years of additional service after the date
32 of re-entry.
33 (f) Any employee in service on July 1, 1947, or who
34 enters service thereafter before attaining age 65 and
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1 withdraws after age 65 with less than 10 years of service for
2 whom the annuity has been fixed under the foregoing Sections
3 of this Article, shall, instead of the annuity so fixed,
4 receive an annuity as follows:
5 Such amount as he could have received had the accumulated
6 amounts for annuity been improved with interest at the
7 effective rate to the date of withdrawal, or to attainment of
8 age 70, whichever is earlier, and had the county contributed
9 to such earlier date for age and service annuity the amount
10 that it would have contributed had he been under age 65,
11 after the date his annuity was fixed in accordance with this
12 Article, and assuming his annuity were computed from such
13 accumulations as of his age on such earlier date. However
14 those employees who before July 1, 1953, made additional
15 contributions in accordance with this Article, the annuity so
16 computed under this paragraph shall not exceed the annuity
17 which would be payable under the other provisions of this
18 Section if the employee concerned was credited with 20 years
19 of service and would qualify for annuity thereunder.
20 (g) Instead of the annuity provided in this or any other
21 Section of this Article, an employee having attained age 65
22 with at least 15 years of service may elect to receive a
23 minimum annual annuity for life equal to 1% of the highest
24 average annual salary for any 4 consecutive years within the
25 last 10 years of service immediately preceding retirement for
26 each year of service, plus the sum of $25 for each year of
27 service provided that no such minimum annual annuity may be
28 greater than 60% of such highest average annual salary.
29 (h) The annuity is payable in equal monthly
30 installments.
31 (i) If, by operation of law, a function of a
32 governmental unit, as defined by Section 20-107 of this Code,
33 is transferred in whole or in part to the county in which
34 this Article 9 is created as set forth in Section 9-101, and
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1 employees of the governmental unit are transferred as a class
2 to such county, the earnings credits in the retirement system
3 covering the governmental unit which have been validated
4 under Section 20-109 of this Code shall be considered in
5 determining the highest average annual salary for purposes of
6 this Section 9-134.
7 (j) The annuity being paid to an employee annuitant on
8 July 1, 1988, shall be increased on that date by 1% for each
9 full year that has elapsed from the date the annuity began.
10 (k) Notwithstanding anything to the contrary in this
11 Article 9, Section 20-131 shall not apply to an employee who
12 withdraws on or after January 1, 1988, but prior to attaining
13 age 55. Therefore, no employee shall be entitled to elect to
14 have the alternative formula previously set forth in Section
15 20-122 prior to the amendatory Act of 1975 apply to any
16 annuity, the payment of which commenced after January 1,
17 1988, but prior to such employee's attainment of age 55.
18 (Source: P.A. 86-272; 87-794.)
19 (40 ILCS 5/9-134.3)
20 Sec. 9-134.3. Early retirement incentives.
21 (a) To be eligible for the benefits provided in this
22 Section, a person must:
23 (1) be a current contributing member of the Fund
24 established under this Article who, on May 1, 1997 and
25 within 30 days prior to the date of retirement, is (i) in
26 active payroll status in a position of employment under
27 this Article or (ii) receiving disability benefits under
28 Section 9-156 or 9-157; or else be eligible under
29 subsection (g);
30 (2) have not previously retired from the Fund,
31 except as provided under subsection (g);
32 (3) file with the Board before October 1, 1997 (or
33 the date specified in subsection (g), if applicable), a
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1 written application requesting the benefits provided in
2 this Section;
3 (4) elect to retire under this Section on or after
4 September 1, 1997 and on or before February 28, 1998 (or
5 the date established under subsection (d) or (g), if
6 applicable);
7 (5) have attained age 55 on or before the date of
8 retirement and before February 28, 1998; and
9 (6) have at least 10 years of creditable service in
10 the Fund, excluding service in any of the other
11 participating systems under the Retirement Systems
12 Reciprocal Act, by the effective date of the retirement
13 annuity or February 28, 1998, whichever occurs first.
14 (b) An employee who qualifies for the benefits provided
15 under this Section shall be entitled to the following:
16 (1) The employee's retirement annuity, as
17 calculated under the other provisions of this Article,
18 shall be increased at the time of retirement by an amount
19 equal to 1% of the employee's average annual salary for
20 the highest 4 consecutive years within the last 10 years
21 of service, multiplied by the employee's number of years
22 of service credit in this Fund up to a maximum of 10
23 years; except that the total retirement annuity,
24 including any additional benefits elected under Section
25 9-121.6 or 9-179.3, shall not exceed 80% of that highest
26 average annual salary.
27 (2) If the employee's retirement annuity is
28 calculated under Section 9-134, the employee shall not be
29 subject to the reduction in retirement annuity because of
30 retirement below age 60 that is otherwise required under
31 that Section.
32 (c) A person who elects to retire under the provisions
33 of this Section thereby relinquishes his or her right, if
34 any, to have the retirement annuity calculated under the
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1 alternative formula formerly set forth in Section 20-122 of
2 the Retirement Systems Reciprocal Act.
3 (d) In the case of an employee whose immediate
4 retirement could jeopardize public safety or create hardship
5 for the employer, the deadline for retirement provided in
6 subdivision (a)(4) of this Section may be extended to a
7 specified date, no later than August 31, 1998, by the
8 employee's department head, with the approval of the
9 President of the County Board. In the case of an employee
10 who is not employed by a department of the County, the
11 employee's "department head", for the purposes of this
12 Section, shall be a person designated by the President of the
13 County Board.
14 (e) Notwithstanding Section 9-161, an annuitant who
15 reenters service under this Article after receiving a
16 retirement annuity based on benefits provided under this
17 Section thereby forfeits the right to continue to receive
18 those benefits and shall have his or her retirement annuity
19 recalculated without the benefits provided in this Section.
20 (f) This Section also applies to the Fund established
21 under Article 10 of this Code.
22 (g) A person who (1) was a participating employee on
23 November 30, 1996, (2) was laid off on or after December 1,
24 1996 and before May 1, 1997 due to the elimination of the
25 employee's job or position, (3) meets the requirements of
26 items (3) through (6) of subsection (a), and (4) has not been
27 reinstated as a Cook County employee since being laid off is
28 eligible for the benefits provided under this Section. For
29 such a person, the application required under subdivision
30 (a)(3) of this Section must be filed within 60 days after the
31 effective date of this amendatory Act of the 91st General
32 Assembly, and the date of retirement must be no later than 60
33 days after the effective date of this amendatory Act.
34 In the case of a person eligible under this subsection
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1 (g) who began to receive a retirement annuity before the
2 effective date of this amendatory Act, the annuity shall be
3 recalculated to include the increase under this Section, and
4 that increase shall take effect on the first annuity payment
5 date following the date of application.
6 (Source: P.A. 90-32, eff. 6-27-97.)
7 (40 ILCS 5/9-146.1) (from Ch. 108 1/2, par. 9-146.1)
8 Sec. 9-146.1. Minimum annuities for widows. The widow of
9 an employee who retires from service or dies while in the
10 service subsequent to June 11, 1965, who is otherwise
11 eligible for widow's annuity under this Article and for whom
12 the amount of widow's annuity and widow's prior service
13 annuity combined, fixed or provided for such widow under
14 other provisions of this Article 9 is less than the amount
15 hereinafter provided in this Section, shall, from and after
16 the date her otherwise provided annuity would begin, in lieu
17 of such otherwise provided widow's and widow's prior service
18 annuity, be entitled to the following indicated amount of
19 annuity:
20 (a) The widow, of any employee who dies while in the
21 service on or after the date on which he attains the age of
22 60 or more years with at least 20 years of service, or 10 or
23 more years of service if death occurs on or after attainment
24 of age 65 and on or after January 1, 1982, shall be entitled
25 to an annuity equal to one-half of the amount of annuity
26 which her deceased husband would have been entitled to
27 receive had he withdrawn from the service on the day
28 immediately preceding the date of his death, conditional upon
29 such widow having attained the age of 60 or more years on
30 such date. Such amount of widow's annuity shall not, however,
31 exceed the sum of $500 a month if death in service occurs
32 before July 1, 1985.
33 If such widow of such described employee shall not be 60
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1 or more years of age on such date of death, the amount
2 provided in the immediately preceding paragraph for a widow
3 60 or more years of age, shall, in the case of such younger
4 widow, be reduced by 1/2 of 1 per cent for each month that
5 her then attained age is less than 60 years; except that such
6 younger widow of an employee who dies while in service on or
7 after July 1, 1985 with at least 30 years of service, shall
8 not be subject to the reduction in widow's annuity because of
9 her age less than 60 on the date of the employee's death.
10 (b) The widow, of any employee who dies subsequent to
11 the date of his retirement on annuity, and who so retired on
12 or after the date on which he attained the age of 60 or more
13 years with at least 20 years of service, or 10 or more years
14 of service if retirement occurs on or after attainment of age
15 65 and on or after January 1, 1982, shall be entitled to an
16 annuity equal to one-half of the amount of annuity which her
17 deceased husband received as of the date of his retirement on
18 annuity, conditional upon such widow having attained the age
19 of 60 or more years on the date of her husband's retirement
20 on annuity. Such amount of widow's annuity shall not,
21 however, exceed the sum of $500 a month if the death occurs
22 before the effective date of this amendatory Act of 1991.
23 If such widow of such described employee shall not have
24 attained such age of 60 or more years on such date of her
25 husband's retirement on annuity, the amount provided in the
26 immediately preceding paragraph for a widow 60 or more years
27 of age on the date of her husband's retirement on annuity,
28 shall, in the case of such then younger widow, be reduced by
29 1/2 of 1 per cent for each month that her then attained age
30 was less than 60 years; except that such younger widow of an
31 employee retiring on or after July 1, 1985 with at least 30
32 years of service, shall not be subject to the reduction in
33 widow's annuity because of her age less than 60 on the date
34 of the employee's retirement.
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1 (c) The foregoing provisions relating to minimum
2 annuities for widows shall not apply to the widow of any
3 former county employee receiving an annuity from the Fund on
4 June 11, 1965, who re-enters service as a county employee,
5 unless such employee renders at least 3 years of additional
6 service after the date of re-entry.
7 (d) An annuity being paid to a surviving spouse on
8 January 1, 1984 shall be increased by 10% and shall
9 thereafter be paid at the increased rate until the
10 termination of the annuity by death or other cause. The
11 annuity for a qualifying widow shall not exceed $500 per
12 month.
13 (e) The widow of any employee who dies while in service
14 on or after July 1, 1985 but prior to January 1, 1988, and
15 the widow of an employee who retires on or after July 1, 1985
16 but prior to January 1, 1988 with at least 10 years of
17 service, and the widow of an employee who retires on or after
18 January 1, 1984 but prior to July 1, 1985 with at least 30
19 years of service, shall be entitled to an annuity equal to
20 one-half of the amount of annuity which her deceased husband
21 would have received had he retired immediately prior to his
22 death or one-half the amount of the originally granted
23 retirement annuity, whichever is applicable. Such widow's
24 annuity will be reduced 0.5% for each month that the widow's
25 attained age is less than age 60 on the date of the
26 employee's death in service or retirement if the employee's
27 death in service or retirement is before January 1, 1988;
28 except that such younger widow of an employee with at least
29 30 years of service shall not be subject to the reduction in
30 widow's annuity because of her age less than 60 on the date
31 of the employee's death in service or retirement.
32 The widow of an employee who dies in service on or after
33 January 1, 1988, or retires on or after January 1, 1988 with
34 at least 10 years of service, shall be entitled to an annuity
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1 equal to 1/2 of the amount of annuity which her deceased
2 husband would have received had he retired immediately prior
3 to his death or 1/2 of the amount of the annuity which her
4 deceased husband received as of the date of his death,
5 whichever is applicable. Such widow's annuity shall be
6 reduced 0.5% for each month that the widow's attained age is
7 less than age 60 on the date of the employee's death if
8 employee's death in service or retirement is after January 1,
9 1988; except that such younger widow of an employee with at
10 least 30 years of service shall not be subject to the
11 reduction in widow's annuity because of her age on the date
12 of the employee's death.
13 In lieu of any other annuity provided by this Article,
14 the widow of an employee who dies in service on or after
15 January 1, 1992, or retires on or after January 1, 1992 with
16 at least 10 years of service, shall be entitled to an annuity
17 equal to 1/2 of the amount of annuity which her deceased
18 husband would have received had he retired immediately prior
19 to his death or 1/2 of the amount of the annuity which her
20 deceased husband received as of the date of his death,
21 whichever is applicable. Such widow's annuity shall be
22 reduced 0.5% for each month that the widow's attained age is
23 less than age 55 on the date of the employee's death; except
24 that such younger widow of an employee with at least 30 years
25 of service shall not be subject to the reduction in widow's
26 annuity because of her age on the date of the employee's
27 death.
28 In lieu of any other annuity provided by this Article,
29 the widow of an employee who dies in service or withdraws
30 from service on or after January 1, 1992 but before January
31 1, 1993 at age 55 or over with at least 5 but less than 10
32 years of service, shall be entitled to an annuity equal to
33 half of the amount of annuity which her deceased husband
34 would have received had he retired immediately prior to his
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1 death or half of the amount of the annuity which her deceased
2 husband received as of the date of his death, whichever is
3 applicable. This widow's annuity shall be reduced 0.5% for
4 each month that the widow's attained age is less than 60 on
5 the date of the employee's death.
6 However, in the case of an employee dying in service, the
7 amount of widow's annuity shall not be less than 10% of the
8 highest average annual salary for any 4 consecutive years
9 within the last 10 years of service immediately preceding the
10 date of withdrawal. The maximum amount of annuity under this
11 paragraph shall not be limited to a dollar maximum. The
12 provisions of this paragraph shall not apply to the widow of
13 any former County employee receiving an annuity from the fund
14 who re-enters service as a County employee, unless such
15 employee renders at least 3 years of additional service after
16 the date of re-entry.
17 (f) An annuity being paid to a surviving spouse on July
18 1, 1988, shall be increased on that date by 1% for each full
19 year that has elapsed from the date the annuity began.
20 (g) In lieu of any other annuity provided under this
21 Article, if the deceased employee was receiving a retirement
22 annuity at the time of his death and that death occurs on or
23 after January 1, 1993, the widow's annuity shall be 50% of
24 the deceased employee's retirement annuity at the time of
25 death, reduced by 0.5% for each month that the widow's age on
26 the date of death is less than 55, except that the reduction
27 does not apply if the deceased employee had at least 30 years
28 of service.
29 (h) In lieu of any other annuity provided under this
30 Article, the widow of an employee who dies in service on or
31 after July 1, 2000 or has at least 10 years of service and
32 dies on or after July 1, 2000 while receiving an annuity
33 shall be entitled to a widow's annuity equal to 60% of the
34 amount of annuity which her deceased husband would have
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1 received had he retired immediately prior to his death or 60%
2 of the amount of the annuity which her deceased husband
3 received as of the date of his death, whichever is
4 applicable. This widow's annuity shall be reduced by 0.5%
5 for each month that the widow's age on the date of the
6 employee's death is less than 55, unless the deceased husband
7 had at least 30 years of service.
8 (Source: P.A. 86-273; 87-794; 87-1265.)
9 (40 ILCS 5/9-163) (from Ch. 108 1/2, par. 9-163)
10 Sec. 9-163. Restoration of rights. An employee who has
11 withdrawn as a refund the amounts credited for annuity
12 purposes, and who re-enters service and serves for periods
13 comprising at least 2 years after the date of the last refund
14 paid to him, may have his annuity rights restored by making
15 application to the board in writing for the privilege of
16 reinstating such rights and by compliance with the following
17 provisions:
18 (a) The employee shall repay in full to the fund
19 while in service all refunds received, together with
20 interest at the effective rate from the application date
21 of such refund or refunds to the date of repayment.
22 (b) If payment is not made in a single sum, the
23 repayment may be made in installments by deductions from
24 salary or otherwise in such amounts as the employee may
25 elect to pay, with interest at the effective rate
26 accruing on unpaid balances.
27 (c) If the employee withdraws from service or dies
28 in service before full repayment is made, or during the
29 required return to service, the amounts repaid, including
30 interest repaid but without further interest, shall be
31 refunded in accordance with the refund provisions of this
32 Article.
33 For an employee who applies to the Fund to reinstate
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1 credit and repay a refund between January 1, 1993 and March
2 1, 1993, the 2 year minimum period of subsequent service
3 required under item (a) shall be instead a period of 6
4 months.
5 A person who establishes service credit under Section
6 9-121.16 may, at the same time, reinstate credit in this Fund
7 and repay a refund without a return to service,
8 notwithstanding the other provisions of this Section.
9 (Source: P.A. 87-1265.)
10 (40 ILCS 5/9-179.1) (from Ch. 108 1/2, par. 9-179.1)
11 Sec. 9-179.1. Military service. A contributing employee
12 as of January 1, 1993 with at least 20 25 years of service
13 credit may apply for creditable service for up to 2 years of
14 military service whether or not the military service followed
15 service as a county employee. The military service need not
16 have been served in wartime, but the employee must not have
17 been dishonorably discharged. To establish this creditable
18 service the applicant must pay to the Fund, while in the
19 service of the county, an amount determined by the Fund to
20 represent the employee contributions for the creditable
21 service established, based on the employee's rate of
22 compensation on his or her last day as a contributor before
23 the military service, or on his or her first day as a
24 contributor after the military service, whichever is greater,
25 plus interest at the effective rate from the date of
26 discharge to the date of payment. If a person who has
27 established any credit under this Section applies for or
28 receives any early retirement incentive under Section
29 9-134.2, the credit under this Section shall be forfeited and
30 the amount paid to the Fund under this Section shall be
31 refunded.
32 (Source: P.A. 87-1265.)
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1 (40 ILCS 5/9-219) (from Ch. 108 1/2, par. 9-219)
2 Sec. 9-219. Computation of service.
3 (1) In computing the term of service of an employee
4 prior to the effective date, the entire period beginning on
5 the date he was first appointed and ending on the day before
6 the effective date, except any intervening period during
7 which he was separated by withdrawal from service, shall be
8 counted for all purposes of this Article.
9 (2) In computing the term of service of any employee on
10 or after the effective date, the following periods of time
11 shall be counted as periods of service for age and service,
12 widow's and child's annuity purposes:
13 (a) The time during which he performed the duties
14 of his position.
15 (b) Vacations, leaves of absence with whole or part
16 pay, and leaves of absence without pay not longer than 90
17 days.
18 (c) For an employee who is a member of a county
19 police department or a correctional officer with the
20 county department of corrections, approved leaves of
21 absence without pay during which the employee serves as a
22 full-time officer or employee head of an employee
23 association, the membership of which consists of other
24 participants in the Fund police officers, provided that
25 the employee contributes to the Fund (1) the amount that
26 he would have contributed had he remained an active
27 employee member of the county police department in the
28 position he occupied at the time the leave of absence was
29 granted, (2) an amount calculated by the Board
30 representing employer contributions, and (3) regular
31 interest thereon from the date of service to the date of
32 payment. However, if the employee's application to
33 establish credit under this subsection is received by the
34 Fund on or after the effective date of this amendatory
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1 Act of the 91st General Assembly and before January 1,
2 2001, the amount representing employer contributions
3 specified in item (2) shall be waived.
4 For a former member of a county police department
5 who has received a refund under Section 9-164, periods
6 during which the employee serves as head of an employee
7 association, the membership of which consists of other
8 police officers, provided that the employee contributes
9 to the Fund (1) the amount that he would have contributed
10 had he remained an active member of the county police
11 department in the position he occupied at the time he
12 left service, (2) an amount calculated by the Board
13 representing employer contributions, and (3) regular
14 interest thereon from the date of service to the date of
15 payment. However, if the former member of the county
16 police department retires on or after January 1, 1993 but
17 no later than March 1, 1993, the amount representing
18 employer contributions specified in item (2) shall be
19 waived.
20 (d) Any period of disability for which he received
21 disability benefit or whole or part pay.
22 (e) Accumulated vacation or other time for which an
23 employee who retires on or after November 1, 1990
24 receives a lump sum payment at the time of retirement,
25 provided that contributions were made to the fund at the
26 time such lump sum payment was received. The service
27 granted for the lump sum payment shall not change the
28 employee's date of withdrawal for computing the effective
29 date of the annuity.
30 (f) An employee may receive service credit for
31 annuity purposes for accumulated sick leave as of the
32 date of the employee's withdrawal from service, not to
33 exceed a total of 180 days, provided that the amount of
34 such accumulated sick leave is certified by the County
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1 Comptroller to the Board and the employee pays an amount
2 equal to 8.5% (9% for members of the County Police
3 Department who are eligible to receive an annuity under
4 Section 9-128.1) of the amount that would have been paid
5 had such accumulated sick leave been paid at the
6 employee's final rate of salary. Such payment shall be
7 made within 30 days after the date of withdrawal and
8 prior to receipt of the first annuity check. The service
9 credit granted for such accumulated sick leave shall not
10 change the employee's date of withdrawal for the purpose
11 of computing the effective date of the annuity.
12 (3) In computing the term of service of an employee on
13 or after the effective date for ordinary disability benefit
14 purposes, the following periods of time shall be counted as
15 periods of service:
16 (a) Unless otherwise specified in Section 9-157,
17 the time during which he performed the duties of his
18 position.
19 (b) Paid vacations and leaves of absence with whole
20 or part pay.
21 (c) Any period for which he received duty
22 disability benefit.
23 (d) Any period of disability for which he received
24 whole or part pay.
25 (4) For an employee who on January 1, 1958, was
26 transferred by Act of the 70th General Assembly from his
27 position in a department of welfare of any city located in
28 the county in which this Article is in force and effect to a
29 similar position in a department of such county, service
30 shall also be credited for ordinary disability benefit and
31 child's annuity for such period of department of welfare
32 service during which period he was a contributor to a
33 statutory annuity and benefit fund in such city and for which
34 purposes service credit would otherwise not be credited by
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1 virtue of such involuntary transfer.
2 (5) An employee described in subsection (e) of Section
3 9-108 shall receive credit for child's annuity and ordinary
4 disability benefit for the period of time for which he was
5 credited with service in the fund from which he was
6 involuntarily separated through class or group transfer;
7 provided, that no such credit shall be allowed to the extent
8 that it results in a duplication of credits or benefits, and
9 neither shall such credit be allowed to the extent that it
10 was or may be forfeited by the application for and acceptance
11 of a refund from the fund from which the employee was
12 transferred.
13 (6) Overtime or extra service shall not be included in
14 computing service. Not more than 1 year of service shall be
15 allowed for service rendered during any calendar year.
16 (Source: P.A. 86-1488; 87-794; 87-1265.)
17 Section 98. The State Mandates Act is amended by adding
18 Section 8.24 as follows:
19 (30 ILCS 805/8.24 new)
20 Sec. 8.24. Exempt mandate. Notwithstanding Sections 6
21 and 8 of this Act, no reimbursement by the State is required
22 for the implementation of any mandate created by this
23 amendatory Act of the 91st General Assembly.
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.