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91_HB4192
LRB9110328EGfg
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 5-154, 5-167.1, 5-212, 8-120, 8-125, 8-138,
6 8-139, 8-150.1, 8-153, 8-158, 8-161, 8-167, 8-168, 8-171,
7 8-243.2, 8-244, 11-124, 11-134, 11-134.2, 11-145.1, 11-148,
8 11-153, 11-156, 11-164, 11-167, 11-181, 11-182, and 11-223 as
9 follows:
10 (40 ILCS 5/5-154) (from Ch. 108 1/2, par. 5-154)
11 Sec. 5-154. Duty disability benefit; child's disability
12 benefit.
13 (a) An active policeman who becomes disabled on or after
14 the effective date as the result of injury incurred on or
15 after such date in the performance of an act of duty, has a
16 right to receive duty disability benefit during any period of
17 such disability for which he does not have a right to receive
18 salary, equal to 75% of his salary, as salary is defined in
19 this Article, at the time the disability is allowed; or in
20 the case of a policeman on duty disability who returns to
21 active employment at any time for a period of at least 2
22 years and is again disabled from the same cause or causes,
23 75% of his salary, as salary is defined in this Article, at
24 the time disability is allowed; provided, however, that:
25 (i) If the disability resulted from any physical
26 defect or mental disorder or any disease which existed at
27 the time the injury was sustained, or if the disability
28 is less than 50% of total disability for any service of a
29 remunerative character, the duty disability benefit shall
30 be 50% of salary as defined in this Article.
31 (ii) However, Beginning January 1, 1996, no duty
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1 disability benefit that has been payable under this
2 Section for at least 10 years shall be less than 50% of
3 the current salary attached from time to time to the rank
4 held by the policeman at the time of removal from the
5 police department payroll, regardless of whether that
6 removal occurred before the effective date of this
7 amendatory Act of 1995.
8 (iii) If the Board finds that the disability of the
9 policeman is of such a nature as to permanently render
10 him totally disabled for any service of a remunerative
11 character, the duty disability benefit shall be 75% of
12 the current salary attached from time to time to the rank
13 held by the policeman at the time of removal from the
14 police department payroll. In the case of a policeman
15 receiving a duty disability benefit under this Section on
16 the effective date of this amendatory Act of the 91st
17 General Assembly, the increase in benefit provided by
18 this amendatory Act, if any, shall begin to accrue as of
19 the date that the Board makes the required finding of
20 permanent total disability, regardless of whether removal
21 from the payroll occurred before the effective date of
22 this amendatory Act.
23 (b) The policeman shall also have a right to child's
24 disability benefit of $30 per month for each unmarried child,
25 the issue of the policeman, less than age 18, but the total
26 amount of child's disability benefit shall not exceed 25% of
27 his salary as defined in this Article.
28 (c) Duty disability benefit shall be payable until the
29 policeman becomes age 63 or would have been retired by
30 operation of law, whichever is later, and child's disability
31 benefit shall be paid during any such period of disability
32 until the child attains age 18. Thereafter the policeman
33 shall receive the annuity provided in accordance with the
34 other provisions of this Article.
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1 (d) A policeman who suffers a heart attack during the
2 performance and discharge of his or her duties as a policeman
3 shall be considered injured in the performance of an act of
4 duty and shall be eligible for all benefits that the City
5 provides for police officers injured in the performance of an
6 act of duty. This subsection (d) is a restatement of
7 existing law and applies without regard to whether the
8 policeman is in service on or after the effective date of
9 Public Act 89-12 or this amendatory Act of 1996.
10 (Source: P.A. 89-12, eff. 4-20-95; 89-643, eff. 8-9-96.)
11 (40 ILCS 5/5-167.1) (from Ch. 108 1/2, par. 5-167.1)
12 Sec. 5-167.1. Automatic increase in annuity; retirement
13 from service after September 1, 1967.
14 (a) A policeman who retires from service after September
15 1, 1967 with at least 20 years of service credit shall, upon
16 either the first of the month following the first anniversary
17 of his date of retirement if he is age 60 (age 55 if born
18 before January 1, 1945) or over on that anniversary date, or
19 upon the first of the month following his attainment of age
20 60 (age 55 if born before January 1, 1945) if it occurs after
21 the first anniversary of his retirement date, have his then
22 fixed and payable monthly annuity increased by 1 1/2% and
23 such first fixed annuity as granted at retirement increased
24 by an additional 1 1/2% in January of each year thereafter up
25 to a maximum increase of 30%. Beginning January 1, 1983 for
26 policemen born before January 1, 1930, and beginning January
27 1, 1988 for policemen born on or after January 1, 1930 but
28 before January 1, 1940, and beginning January 1, 1996 for
29 policemen born on or after January 1, 1940 but before January
30 1, 1945, and beginning January 1, 2000 for policemen born on
31 or after January 1, 1945 but before January 1, 1950, such
32 increases shall be 3% and such policemen shall not be subject
33 to the 30% maximum increase.
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1 Any policeman born before January 1, 1945 who qualifies
2 for a minimum annuity and retires after September 1, 1967 but
3 has not received the initial increase under this subsection
4 before January 1, 1996 is entitled to receive the initial
5 increase under this subsection on (1) January 1, 1996, (2)
6 the first anniversary of the date of retirement, or (3)
7 attainment of age 55, whichever occurs last. The changes to
8 this Section made by Public Act 89-12 this amendatory Act of
9 1995 apply beginning January 1, 1996 and without regard to
10 whether the policeman or annuitant terminated service before
11 the effective date of that this amendatory Act of 1995.
12 The changes to this Section made by this amendatory Act
13 of the 91st General Assembly apply without regard to whether
14 the policeman or annuitant terminated service before the
15 effective date of this amendatory Act.
16 (b) Subsection (a) of this Section is not applicable to
17 an employee receiving a term annuity.
18 (c) To help defray the cost of such increases in
19 annuity, there shall be deducted, beginning September 1,
20 1967, from each payment of salary to a policeman, 1/2 of 1%
21 of each salary payment concurrently with and in addition to
22 the salary deductions otherwise made for annuity purposes.
23 The city, in addition to the contributions otherwise made
24 by it for annuity purposes under other provisions of this
25 Article, shall make matching contributions concurrently with
26 such salary deductions.
27 Each such 1/2 of 1% deduction from salary and each such
28 contribution by the city of 1/2 of 1% of salary shall be
29 credited to the Automatic Increase Reserve, to be used to
30 defray the cost of the 1 1/2% annuity increase provided by
31 this Section. Any balance in such reserve as of the
32 beginning of each calendar year shall be credited with
33 interest at the rate of 3% per annum.
34 Such deductions from salary and city contributions shall
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1 continue while the policeman is in service.
2 The salary deductions provided in this Section are not
3 subject to refund, except to the policeman himself, in any
4 case in which a policeman withdraws prior to qualification
5 for minimum annuity and applies for refund or applies for
6 annuity, and also where a term annuity becomes payable. In
7 such cases, the total of such salary deductions shall be
8 refunded to the policeman, without interest, and charged to
9 the Automatic Increase Reserve.
10 (Source: P.A. 89-12, eff. 4-20-95.)
11 (40 ILCS 5/5-212) (from Ch. 108 1/2, par. 5-212)
12 Sec. 5-212. Computation of service. In computing the
13 service rendered by a policeman prior to the effective date,
14 the following periods shall be counted, in addition to all
15 periods during where he performed the duties of his position,
16 as periods of service for annuity purposes only: all periods
17 of (a) vacation; (b) leave of absence with whole or part pay;
18 (c) leave of absence without pay on account of disability;
19 and (d) leave of absence during which the policeman was
20 engaged in the military or naval service of the United States
21 of America. Service credit shall not be allowed for a
22 policeman in receipt of a pension on account of disability
23 from any pension fund superseded by this fund.
24 In computing the service rendered by a policeman on or
25 after the effective date, the following periods shall be
26 counted, in addition to all periods during which he performed
27 the duties of his position, as periods of service for annuity
28 purposes only: all periods of (a) vacation; (b) leave of
29 absence with whole or part pay; (c) leave of absence during
30 which the policeman was engaged in the military or naval
31 service of the United States of America; (d) time that the
32 policeman was engaged in the military or naval service of the
33 United States of America, during which he was passed over on
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1 any eligible list posted from an entrance examination, due to
2 the fact that he was in such military or naval service at the
3 time he was called for appointment to the Police Department,
4 to be computed from the date he was passed over on any
5 eligible list and would have been first sworn in as a
6 policeman had he not been engaged in the military or naval
7 service of the United States of America, until the date of
8 his discharge from such military or naval service; provided
9 that such policeman shall pay into this Fund the same amount
10 that would have been deducted from his salary had he been a
11 policeman during the aforementioned portion of such military
12 or naval service; (e) disability for which the policeman
13 receives any disability benefit; (f) disability for which the
14 policeman receives whole or part pay; and (g) service for
15 which credits and creditable service have been transferred to
16 this Fund under Section 9-121.1, 14-105.1 or 15-134.3 of this
17 Code.
18 In computing service on or after the effective date for
19 ordinary disability benefit, all periods described in the
20 preceding paragraph, except any such period for which a
21 policeman receives ordinary disability benefit, shall be
22 counted as periods of service.
23 In computing service for any of the purposes of this
24 Article, no credit shall be given for any period during which
25 a policeman was not rendering active service because of his
26 discharge from the service, unless proceedings to test the
27 legality of the discharge are filed in a court of competent
28 jurisdiction within one year from the date of discharge and a
29 final judgment is entered therein declaring the discharge
30 illegal.
31 No overtime or extra service shall be included in
32 computing service of a policeman and not more than one year
33 or a fractional part thereof of service shall be allowed for
34 service rendered during any calendar year.
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1 In computing service for any of the purposes of this
2 Article, credit shall be given for any periods prior to
3 January 10, 2001 9, 1997, during which a policeman who is a
4 member of the General Assembly is on leave of absence or is
5 otherwise authorized to be absent from duty to enable him or
6 her to perform legislative duties, notwithstanding any
7 reduction in salary for such periods and notwithstanding that
8 the contributions paid by the policeman were based on a
9 reduced salary rather than the full amount of salary attached
10 to his or her career service rank.
11 (Source: P.A. 89-136, eff. 7-14-95.)
12 (40 ILCS 5/8-120) (from Ch. 108 1/2, par. 8-120)
13 Sec. 8-120. Child or children. "Child" or "children":
14 The natural child or children, or any child or children
15 legally adopted by an employee at least one year prior to the
16 date any benefit for the child or children accrues, and so
17 adopted prior to the date the employee attained age 55.
18 (Source: P.A. 84-1028.)
19 (40 ILCS 5/8-125) (from Ch. 108 1/2, par. 8-125)
20 Sec. 8-125. Annuity.
21 "Annuity": Equal monthly payments for life, unless
22 otherwise specified.
23 For annuities taking effect before January 1, 1998, the
24 first payment shall be due and payable one month after the
25 occurrence of the event upon which payment of the annuity
26 depends, and the last payment shall be due and payable as of
27 the date of the annuitant's death and shall be prorated from
28 the date of the last preceding payment to the date of death
29 for deaths that occur on or before March 31, 2000. All
30 payments made on or after April 1, 2000 shall be made on the
31 first day of the calendar month and the last payment shall be
32 made on the first day of the calendar month in which the
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1 annuity payment period ends. All payments for months
2 beginning with April of 2000 shall be for the entire calendar
3 month, without proration. A pro rata amount shall be paid for
4 that part of the month from the March 2000 annuity payment
5 date through March 31, 2000.
6 For annuities taking effect on or after January 1, 1998,
7 payments shall be made as of the first day of the calendar
8 month, with the first payment to be made as of the first day
9 of the calendar month coincidental with or next following the
10 first day of the annuity payment period, and the last payment
11 to be made as of the first day of the calendar month in which
12 the annuity payment period ends. For annuities taking effect
13 on or after January 1, 1998, all payments shall be for the
14 entire calendar month, without proration.
15 For the purposes of this Section, the "annuity payment
16 period" means the period beginning on the day after the
17 occurrence of the event upon which payment of the annuity
18 depends, and ending on the day upon which the death of the
19 annuitant or other event terminating the annuity occurs.
20 (Source: P.A. 90-31, eff. 6-27-97.)
21 (40 ILCS 5/8-138) (from Ch. 108 1/2, par. 8-138)
22 Sec. 8-138. Minimum annuities - Additional provisions.
23 (a) An employee who withdraws after age 65 or more with
24 at least 20 years of service, for whom the amount of age and
25 service and prior service annuity combined is less than the
26 amount stated in this Section, shall from the date of
27 withdrawal, instead of all annuities otherwise provided, be
28 entitled to receive an annuity for life of $150 a year, plus
29 1 1/2% for each year of service, to and including 20 years,
30 and 1 2/3% for each year of service over 20 years, of his
31 highest average annual salary for any 4 consecutive years
32 within the last 10 years of service immediately preceding the
33 date of withdrawal.
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1 An employee who withdraws after 20 or more years of
2 service, before age 65, shall be entitled to such annuity, to
3 begin not earlier than upon attained age of 55 years if under
4 such age at withdrawal, reduced by 2% for each full year or
5 fractional part thereof that his attained age is less than
6 65, plus an additional 2% reduction for each full year or
7 fractional part thereof that his attained age when annuity is
8 to begin is less than 60 so that the total reduction at age
9 55 shall be 30%.
10 (b) An employee who withdraws after July 1, 1957, at age
11 60 or over, with 20 or more years of service, for whom the
12 age and service and prior service annuity combined, is less
13 than the amount stated in this paragraph, shall, from the
14 date of withdrawal, instead of such annuities, be entitled to
15 receive an annuity for life equal to 1 2/3% for each year of
16 service, of the highest average annual salary for any 5
17 consecutive years within the last 10 years of service
18 immediately preceding the date of withdrawal; provided, that
19 in the case of any employee who withdraws on or after July 1,
20 1971, such employee age 60 or over with 20 or more years of
21 service, shall receive an annuity for life equal to 1.67% for
22 each of the first 10 years of service; 1.90% for each of the
23 next 10 years of service; 2.10% for each year of service in
24 excess of 20 but not exceeding 30; and 2.30% for each year of
25 service in excess of 30, based on the highest average annual
26 salary for any 4 consecutive years within the last 10 years
27 of service immediately preceding the date of withdrawal.
28 An employee who withdraws after July 1, 1957 and before
29 January 1, 1988, with 20 or more years of service, before age
30 60 years is entitled to annuity, to begin not earlier than
31 upon attained age of 55 years, if under such age at
32 withdrawal, as computed in the last preceding paragraph,
33 reduced 0.25% for each full month or fractional part thereof
34 that his attained age when annuity is to begin is less than
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1 60 if the employee was born before January 1, 1936, or 0.5%
2 for each such month if the employee was born on or after
3 January 1, 1936.
4 Any employee born before January 1, 1936, who withdraws
5 with 20 or more years of service, and any employee with 20 or
6 more years of service who withdraws on or after January 1,
7 1988, may elect to receive, in lieu of any other employee
8 annuity provided in this Section, an annuity for life equal
9 to 1.80% for each of the first 10 years of service, 2.00% for
10 each of the next 10 years of service, 2.20% for each year of
11 service in excess of 20 but not exceeding 30, and 2.40% for
12 each year of service in excess of 30, of the highest average
13 annual salary for any 4 consecutive years within the last 10
14 years of service immediately preceding the date of
15 withdrawal, to begin not earlier than upon attained age of 55
16 years, if under such age at withdrawal, reduced 0.25% for
17 each full month or fractional part thereof that his attained
18 age when annuity is to begin is less than 60; except that an
19 employee retiring on or after January 1, 1988, at age 55 or
20 over but less than age 60, having at least 35 years of
21 service, or an employee retiring on or after July 1, 1990, at
22 age 55 or over but less than age 60, having at least 30 years
23 of service, or an employee retiring on or after the effective
24 date of this amendatory Act of 1997, at age 55 or over but
25 less than age 60, having at least 25 years of service, shall
26 not be subject to the reduction in retirement annuity because
27 of retirement below age 60.
28 However, in the case of an employee who retired on or
29 after January 1, 1985 but before January 1, 1988, at age 55
30 or older and with at least 35 years of service, and who was
31 subject under this subsection (b) to the reduction in
32 retirement annuity because of retirement below age 60, that
33 reduction shall cease to be effective January 1, 1991, and
34 the retirement annuity shall be recalculated accordingly.
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1 Any employee who withdraws on or after July 1, 1990, with
2 20 or more years of service, may elect to receive, in lieu of
3 any other employee annuity provided in this Section, an
4 annuity for life equal to 2.20% for each year of service if
5 withdrawal is before 60 days after the effective date of this
6 amendatory Act of the 91st General Assembly, or 2.40% for
7 each year of service if withdrawal is 60 days after the
8 effective date of this amendatory Act of the 91st General
9 Assembly or later, of the highest average annual salary for
10 any 4 consecutive years within the last 10 years of service
11 immediately preceding the date of withdrawal, to begin not
12 earlier than upon attained age of 55 years, if under such age
13 at withdrawal, reduced 0.25% for each full month or
14 fractional part thereof that his attained age when annuity is
15 to begin is less than 60; except that an employee retiring at
16 age 55 or over but less than age 60, having at least 30 years
17 of service, shall not be subject to the reduction in
18 retirement annuity because of retirement below age 60.
19 Any employee who withdraws on or after the effective date
20 of this amendatory Act of 1997 with 20 or more years of
21 service may elect to receive, in lieu of any other employee
22 annuity provided in this Section, an annuity for life equal
23 to 2.20%, for each year of service, if withdrawal is before
24 60 days after the effective date of this amendatory Act of
25 the 91st General Assembly, or 2.40% for each year of service
26 if withdrawal is 60 days after the effective date of this
27 amendatory Act of the 91st General Assembly or later, of the
28 highest average annual salary for any 4 consecutive years
29 within the last 10 years of service immediately preceding the
30 date of withdrawal, to begin not earlier than upon attainment
31 of age 55 (age 50 if the employee has at least 30 years of
32 service), reduced 0.25% for each full month or remaining
33 fractional part thereof that the employee's attained age when
34 annuity is to begin is less than 60; except that an employee
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1 retiring at age 50 or over with at least 30 years of service
2 or at age 55 or over with at least 25 years of service shall
3 not be subject to the reduction in retirement annuity because
4 of retirement below age 60.
5 The maximum annuity payable under part (a) and (b) of
6 this Section shall not exceed 70% of highest average annual
7 salary in the case of an employee who withdraws prior to July
8 1, 1971, and 75% if withdrawal takes place on or after July
9 1, 1971 and prior to 60 days after the effective date of this
10 amendatory Act of the 91st General Assembly, or 80% if
11 withdrawal is 60 days after the effective date of this
12 amendatory Act of the 91st General Assembly or later. For the
13 purpose of the minimum annuity provided in this Section
14 $1,500 is considered the minimum annual salary for any year;
15 and the maximum annual salary for the computation of such
16 annuity is $4,800 for any year before 1953, $6000 for the
17 years 1953 to 1956, inclusive, and the actual annual salary,
18 as salary is defined in this Article, for any year
19 thereafter.
20 To preserve rights existing on December 31, 1959, for
21 participants and contributors on that date to the fund
22 created by the Court and Law Department Employees' Annuity
23 Act, who became participants in the fund provided for on
24 January 1, 1960, the maximum annual salary to be considered
25 for such persons for the years 1955 and 1956 is $7,500.
26 (c) For an employee receiving disability benefit, his
27 salary for annuity purposes under paragraphs (a) and (b) of
28 this Section, for all periods of disability benefit
29 subsequent to the year 1956, is the amount on which his
30 disability benefit was based.
31 (d) An employee with 20 or more years of service, whose
32 entire disability benefit credit period expires before
33 attainment of age 55 while still disabled for service, is
34 entitled upon withdrawal to the larger of (1) the minimum
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1 annuity provided above, assuming he is then age 55, and
2 reducing such annuity to its actuarial equivalent as of his
3 attained age on such date or (2) the annuity provided from
4 his age and service and prior service annuity credits.
5 (e) The minimum annuity provisions do not apply to any
6 former municipal employee receiving an annuity from the fund
7 who re-enters service as a municipal employee, unless he
8 renders at least 3 years of additional service after the date
9 of re-entry.
10 (f) An employee in service on July 1, 1947, or who
11 became a contributor after July 1, 1947 and before attainment
12 of age 70, who withdraws after age 65, with less than 20
13 years of service for whom the annuity has been fixed under
14 this Article shall, instead of the annuity so fixed, receive
15 an annuity as follows:
16 Such amount as he could have received had the accumulated
17 amounts for annuity been improved with interest at the
18 effective rate to the date of his withdrawal, or to
19 attainment of age 70, whichever is earlier, and had the city
20 contributed to such earlier date for age and service annuity
21 the amount that it would have contributed had he been under
22 age 65, after the date his annuity was fixed in accordance
23 with this Article, and assuming his annuity were computed
24 from such accumulations as of his age on such earlier date.
25 The annuity so computed shall not exceed the annuity which
26 would be payable under the other provisions of this Section
27 if the employee was credited with 20 years of service and
28 would qualify for annuity thereunder.
29 (g) Instead of the annuity provided in this Article, an
30 employee having attained age 65 with at least 15 years of
31 service who withdraws from service on or after July 1, 1971
32 and whose annuity computed under other provisions of this
33 Article is less than the amount provided under this
34 paragraph, is entitled to a minimum annuity for life equal to
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1 1% of the highest average annual salary, as salary is defined
2 and limited in this Section for any 4 consecutive years
3 within the last 10 years of service for each year of service,
4 plus the sum of $25 for each year of service. The annuity
5 shall not exceed 60% of such highest average annual salary.
6 (g-1) Instead of any other retirement annuity provided
7 in this Article, an employee who has at least 10 years of
8 service and withdraws from service on or after January 1,
9 1999 may elect to receive a retirement annuity for life,
10 beginning no earlier than upon attainment of age 60, equal to
11 2.2% if withdrawal is before 60 days after the effective date
12 of this amendatory Act of the 91st General Assembly or 2.4%
13 if withdrawal is 60 days after the effective date of this
14 amendatory Act of the 91st General Assembly or later, of
15 final average salary for each year of service, subject to a
16 maximum of 75% of final average salary if withdrawal is
17 before 60 days after the effective date of this amendatory
18 Act of the 91st General Assembly, or 80% if withdrawal is 60
19 days after the effective date of this amendatory Act of the
20 91st General Assembly or later. For the purpose of
21 calculating this annuity, "final average salary" means the
22 highest average annual salary for any 4 consecutive years in
23 the last 10 years of service.
24 (h) The minimum annuities provided under this Section
25 shall be paid in equal monthly installments.
26 (i) The amendatory provisions of part (b) and (g) of
27 this Section shall be effective July 1, 1971 and apply in the
28 case of every qualifying employee withdrawing on or after
29 July 1, 1971.
30 (j) The amendatory provisions of this amendatory Act of
31 1985 (P.A. 84-23) relating to the discount of annuity because
32 of retirement prior to attainment of age 60, and to the
33 retirement formula, for those born before January 1, 1936,
34 shall apply only to qualifying employees withdrawing on or
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1 after July 18, 1985.
2 (k) Beginning on January 1, 1999, the minimum amount of
3 employee's annuity shall be $850 per month for life for the
4 following classes of employees, without regard to the fact
5 that withdrawal occurred prior to the effective date of this
6 amendatory Act of 1998:
7 (1) any employee annuitant alive and receiving a
8 life annuity on the effective date of this amendatory Act
9 of 1998, except a reciprocal annuity;
10 (2) any employee annuitant alive and receiving a
11 term annuity on the effective date of this amendatory Act
12 of 1998, except a reciprocal annuity;
13 (3) any employee annuitant alive and receiving a
14 reciprocal annuity on the effective date of this
15 amendatory Act of 1998, whose service in this fund is at
16 least 5 years;
17 (4) any employee annuitant withdrawing after age 60
18 on or after the effective date of this amendatory Act of
19 1998, with at least 10 years of service in this fund.
20 The increases granted under items (1), (2) and (3) of
21 this subsection (k) shall not be limited by any other Section
22 of this Act.
23 (Source: P.A. 90-32, eff. 6-27-97; 90-511, eff. 8-22-97;
24 90-766, eff. 8-14-98.)
25 (40 ILCS 5/8-139) (from Ch. 108 1/2, par. 8-139)
26 Sec. 8-139. Reversionary annuity.
27 (a) An employee, prior to retirement on annuity, may
28 elect to take a lesser amount of annuity and provide, with
29 the actuarial value of the amount by which his annuity is
30 reduced, a reversionary annuity for a wife, husband, parent,
31 child, brother or sister. The option shall be exercised by
32 filing a written designation with the board prior to
33 retirement, and may be revoked by the employee at any time
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1 before retirement. The death of the employee prior to his
2 retirement shall automatically void the option.
3 (b) The death of the designated reversionary annuitant
4 prior to the employee's retirement shall automatically void
5 the option. If the reversionary annuitant dies after the
6 employee's retirement, and before the death of the employee
7 annuitant, the reduced annuity being paid to the retired
8 employee annuitant shall be increased to the amount of
9 annuity before reduction for the reversionary annuity and no
10 reversionary annuity shall be payable.
11 The option is subject to the further condition that no
12 reversionary annuity shall be paid to a parent, child,
13 brother, or sister if the employee dies before the expiration
14 of 365 days from the date his written designation was filed
15 with the board, even though he has retired and is receiving a
16 reduced annuity.
17 (c) The employee exercising this option shall not reduce
18 his retirement annuity by more than $400 a month, or elect to
19 provide a reversionary annuity of less than $50 per month.
20 No option shall be permitted if the reversionary annuity for
21 a widow, when added to the widow's annuity payable under this
22 Article, exceeds 100% of the reduced annuity payable to the
23 employee.
24 (d) A reversionary annuity shall begin on the day
25 following the death of the annuitant and shall be paid as
26 provided in Section 8-125.
27 (e) The increases in annuity provided in Section 8-137
28 of this Article shall, as to an employee so electing a
29 reduced annuity relate to the amount of the original annuity,
30 and such amount shall constitute the annuity on which such
31 automatic increases shall be based.
32 (f) For annuities elected after June 30, 1983, the
33 amount of the monthly reversionary annuity shall be
34 determined by multiplying the amount of the monthly reduction
-17- LRB9110328EGfg
1 in the employee's annuity by the factor in the following
2 table based on the age of the employee and the difference in
3 the age of the employee and the age of the reversionary
4 annuitant at the starting date of the employee's annuity:
5 Employee's Age
6 Reversionary
7 Annuitant's
8 Age 50-51 52-54 55-57 58-60 61-63 64-66 67-69 70 &
9 Over
10 30 or
11 more
12 years
13 younger 3.03 2.56 2.18 1.84 1.55 1.29 1.08 0.91
14 25-29
15 years
16 younger 3.16 2.68 2.29 1.94 1.63 1.37 1.15 0.97
17 20-24
18 years
19 younger 3.35 2.85 2.44 2.07 1.75 1.48 1.25 1.06
20 15-19
21 years
22 younger 3.60 3.08 2.65 2.26 1.92 1.63 1.39 1.19
23 10-14
24 years
25 younger 3.96 3.40 2.94 2.53 2.16 1.85 1.59 1.37
26 5-9
27 years
28 younger 4.46 3.84 3.35 2.90 2.51 2.16 1.88 1.64
29 0-4
30 years
31 younger 5.15 4.47 3.93 3.44 3.00 2.61 2.29 2.02
32 1-5
33 years
34 older 6.12 5.36 4.76 4.21 3.71 3.26 2.88 2.56
-18- LRB9110328EGfg
1 6-10
2 years
3 older 7.48 6.61 5.93 5.30 4.71 4.16 3.70 3.29
4 11-15
5 years
6 older 9.37 8.35 7.58 6.83 6.11 5.40 4.82 4.32
7 16-20
8 years
9 older 11.99 10.78 9.84 8.93 8.02 7.13 6.43 5.87
10 21-25
11 years
12 older 15.59 14.06 12.91 11.82 10.73 9.66 8.88 8.35
13 26-30
14 years
15 older 20.42 18.49 17.15 15.96 14.80 13.65 12.97 12.82
16 31 or
17 more
18 years
19 older 27.07 24.72 23.34 22.32 21.45 20.62 20.85 23.28
20 (Source: P.A. 90-31, eff. 6-27-97; 90-766, eff. 8-14-98.)
21 (40 ILCS 5/8-150.1) (from Ch. 108 1/2, par. 8-150.1)
22 Sec. 8-150.1. Minimum annuities for widows. The widow
23 (otherwise eligible for widow's annuity under other Sections
24 of this Article 8) of an employee hereinafter described, who
25 retires from service or dies while in the service subsequent
26 to the effective date of this amendatory provision, and for
27 which widow the amount of widow's annuity and widow's prior
28 service annuity combined, fixed or provided for such widow
29 under other provisions of this Article is less than the
30 amount provided in this Section, shall, from and after the
31 date her otherwise provided annuity would begin, in lieu of
32 such otherwise provided widow's and widow's prior service
33 annuity, be entitled to the following indicated amount of
-19- LRB9110328EGfg
1 annuity:
2 (a) The widow of any employee who dies while in service
3 on or after the date on which he attains age 60 if the death
4 occurs before July 1, 1990, or on or after the date on which
5 he attains age 55 if the death occurs on or after July 1,
6 1990, with at least 20 years of service, or on or after the
7 date on which he attains age 50 if the death occurs on or
8 after the effective date of this amendatory Act of 1997 with
9 at least 30 years of service, shall be entitled to an annuity
10 equal to one-half of the amount of annuity which her deceased
11 husband would have been entitled to receive had he withdrawn
12 from the service on the day immediately preceding the date of
13 his death, conditional upon such widow having attained the
14 age of 60 or more years on such date if the death occurs
15 before July 1, 1990, or age 55 or more if the death occurs on
16 or after July 1, 1990, or age 50 or more if the death occurs
17 on or after January 1, 1998 and the employee is age 50 or
18 over with at least 30 years of service or age 55 or over with
19 at least 25 years of service. Except as provided in
20 subsection (k), this widow's annuity shall not, however,
21 exceed the sum of $500 a month if the employee's death in
22 service occurs before January 23, 1987. The widow's annuity
23 shall not be limited to a maximum dollar amount if the
24 employee's death in service occurs on or after January 23,
25 1987.
26 If the employee dies in service before July 1, 1990, and
27 if such widow of such described employee shall not be 60 or
28 more years of age on such date of death, the amount provided
29 in the immediately preceding paragraph for a widow 60 or more
30 years of age, shall, in the case of such younger widow, be
31 reduced by 0.25% for each month that her then attained age is
32 less than 60 years if the employee was born before January 1,
33 1936 or dies in service on or after January 1, 1988, or by
34 0.5% for each month that her then attained age is less than
-20- LRB9110328EGfg
1 60 years if the employee was born on or after July 1, 1936
2 and dies in service before January 1, 1988.
3 If the employee dies in service on or after July 1, 1990,
4 and if the widow of the employee has not attained age 55 on
5 or before the employee's date of death, the amount otherwise
6 provided in this subsection (a) shall be reduced by 0.25% for
7 each month that her then attained age is less than 55 years;
8 except that if the employee dies in service on or after
9 January 1, 1998 at age 50 or over with at least 30 years of
10 service or at age 55 or over with at least 25 years of
11 service, there shall be no reduction due to the widow's age
12 if she has attained age 50 on or before the employee's date
13 of death, and if the widow has not attained age 50 on or
14 before the employee's date of death the amount otherwise
15 provided in this subsection (a) shall be reduced by 0.25% for
16 each month that her then attained age is less than 50 years.
17 (b) The widow of any employee who dies subsequent to the
18 date of his retirement on annuity, and who so retired on or
19 after the date on which he attained the age of 60 or more
20 years if retirement occurs before July 1, 1990, or on or
21 after the date on which he attained age 55 if retirement
22 occurs on or after July 1, 1990, with at least 20 years of
23 service, or on or after the date on which he attained age 50
24 if the retirement occurs on or after the effective date of
25 this amendatory Act of 1997 with at least 30 years of
26 service, shall be entitled to an annuity equal to one-half of
27 the amount of annuity which her deceased husband received as
28 of the date of his retirement on annuity, conditional upon
29 such widow having attained the age of 60 or more years on the
30 date of her husband's retirement on annuity if retirement
31 occurs before July 1, 1990, or age 55 or more if retirement
32 occurs on or after July 1, 1990, or age 50 or more if the
33 retirement on annuity occurs on or after January 1, 1998 and
34 the employee is age 50 or over with at least 30 years of
-21- LRB9110328EGfg
1 service or age 55 or over with at least 25 years of service.
2 Except as provided in subsection (k), this widow's annuity
3 shall not, however, exceed the sum of $500 a month if the
4 employee's death occurs before January 23, 1987. The widow's
5 annuity shall not be limited to a maximum dollar amount if
6 the employee's death occurs on or after January 23, 1987,
7 regardless of the date of retirement; provided that, if
8 retirement was before January 23, 1987, the employee or
9 eligible spouse repays the excess spouse refund with interest
10 at the effective rate from the date of refund to the date of
11 repayment.
12 If the date of the employee's retirement on annuity is
13 before July 1, 1990, and if such widow of such described
14 employee shall not have attained such age of 60 or more years
15 on such date of her husband's retirement on annuity, the
16 amount provided in the immediately preceding paragraph for a
17 widow 60 or more years of age on the date of her husband's
18 retirement on annuity, shall, in the case of such then
19 younger widow, be reduced by 0.25% for each month that her
20 then attained age was less than 60 years if the employee was
21 born before January 1, 1936 or withdraws from service on or
22 after January 1, 1988, or by 0.5% for each month that her
23 then attained age is less than 60 years if the employee was
24 born on or after January 1, 1936 and withdraws from service
25 before January 1, 1988.
26 If the date of the employee's retirement on annuity is on
27 or after July 1, 1990, and if the widow of the employee has
28 not attained age 55 by the date of the employee's retirement
29 on annuity, the amount otherwise provided in this subsection
30 (b) shall be reduced by 0.25% for each month that her then
31 attained age is less than 55 years; except that if the
32 employee retires on annuity on or after January 1, 1998 at
33 age 50 or over with at least 30 years of service or at age 55
34 or over with at least 25 years of service, there shall be no
-22- LRB9110328EGfg
1 reduction due to the widow's age if she has attained age 50
2 on or before the employee's date of death, and if the widow
3 has not attained age 50 on or before the employee's date of
4 death the amount otherwise provided in this subsection (b)
5 shall be reduced by 0.25% for each month that her then
6 attained age is less than 50 years.
7 (c) The foregoing provisions relating to minimum
8 annuities for widows shall not apply to the widow of any
9 former municipal employee receiving an annuity from the fund
10 on August 9, 1965 or on the effective date of this amendatory
11 provision, who re-enters service as a municipal employee,
12 unless such employee renders at least 3 years of additional
13 service after the date of re-entry.
14 (d) In computing the amount of annuity which the husband
15 specified in the foregoing paragraphs (a) and (b) of this
16 Section would have been entitled to receive, or received,
17 such amount shall be the annuity to which such husband would
18 have been, or was entitled, before reduction in the amount of
19 his annuity for the purposes of the voluntary optional
20 reversionary annuity provided for in Sec. 8-139 of this
21 Article, if such option was elected.
22 (e) (Blank).
23 (f) (Blank).
24 (g) The amendatory provisions of this amendatory Act of
25 1985 relating to annuity discount because of age for widows
26 of employees born before January 1, 1936, shall apply only to
27 qualifying widows of employees withdrawing or dying in
28 service on or after July 18, 1985.
29 (h) Beginning on January 1, 1999, the minimum amount of
30 widow's annuity shall be $800 per month for life for the
31 following classes of widows, without regard to the fact that
32 the death of the employee occurred prior to the effective
33 date of this amendatory Act of 1998:
34 (1) any widow annuitant alive and receiving a life
-23- LRB9110328EGfg
1 annuity on the effective date of this amendatory Act of
2 1998, except a reciprocal annuity;
3 (2) any widow annuitant alive and receiving a term
4 annuity on the effective date of this amendatory Act of
5 1998, except a reciprocal annuity;
6 (3) any widow annuitant alive and receiving a
7 reciprocal annuity on the effective date of this
8 amendatory Act of 1998, whose employee spouse's service
9 in this fund was at least 5 years;
10 (4) the widow of an employee with at least 10 years
11 of service in this fund who dies after retirement, if the
12 retirement occurred prior to the effective date of this
13 amendatory Act of 1998;
14 (5) the widow of an employee with at least 10 years
15 of service in this fund who dies after retirement, if
16 withdrawal occurs on or after the effective date of this
17 amendatory Act of 1998;
18 (6) the widow of an employee who dies in service
19 with at least 5 years of service in this fund, if the
20 death in service occurs on or after the effective date of
21 this amendatory Act of 1998.
22 The increases granted under items (1), (2), (3) and (4)
23 of this subsection (h) shall not be limited by any other
24 Section of this Act.
25 (i) The widow of an employee who retired or died in
26 service on or after January 1, 1985 and before July 1, 1990,
27 at age 55 or older, and with at least 35 years of service
28 credit, shall be entitled to have her widow's annuity
29 increased, effective January 1, 1991, to an amount equal to
30 50% of the retirement annuity that the deceased employee
31 received on the date of retirement, or would have been
32 eligible to receive if he had retired on the day preceding
33 the date of his death in service, provided that if the widow
34 had not attained age 60 by the date of the employee's
-24- LRB9110328EGfg
1 retirement or death in service, the amount of the annuity
2 shall be reduced by 0.25% for each month that her then
3 attained age was less than age 60 if the employee's
4 retirement or death in service occurred on or after January
5 1, 1988, or by 0.5% for each month that her attained age is
6 less than age 60 if the employee's retirement or death in
7 service occurred prior to January 1, 1988. However, in cases
8 where a refund of excess contributions for widow's annuity
9 has been paid by the Fund, the increase in benefit provided
10 by this subsection (i) shall be contingent upon repayment of
11 the refund to the Fund with interest at the effective rate
12 from the date of refund to the date of payment.
13 (j) If a deceased employee is receiving a retirement
14 annuity at the time of death and that death occurs on or
15 after June 27, 1997, the widow may elect to receive, in lieu
16 of any other annuity provided under this Article, 50% of the
17 deceased employee's retirement annuity at the time of death
18 reduced by 0.25% for each month that the widow's age on the
19 date of death is less than 55; except that if the employee
20 dies on or after January 1, 1998 and withdrew from service on
21 or after June 27, 1997 at age 50 or over with at least 30
22 years of service or at age 55 or over with at least 25 years
23 of service, there shall be no reduction due to the widow's
24 age if she has attained age 50 on or before the employee's
25 date of death, and if the widow has not attained age 50 on or
26 before the employee's date of death the amount otherwise
27 provided in this subsection (j) shall be reduced by 0.25% for
28 each month that her age on the date of death is less than 50
29 years. However, in cases where a refund of excess
30 contributions for widow's annuity has been paid by the Fund,
31 the benefit provided by this subsection (j) is contingent
32 upon repayment of the refund to the Fund with interest at the
33 effective rate from the date of refund to the date of
34 payment.
-25- LRB9110328EGfg
1 (k) For widows of employees who died before January 23,
2 1987 after retirement on annuity or in service, the maximum
3 dollar amount limitation on widow's annuity shall cease to
4 apply, beginning with the first annuity payment after the
5 effective date of this amendatory Act of 1997; except that if
6 a refund of excess contributions for widow's annuity has been
7 paid by the Fund, the increase resulting from this subsection
8 (k) shall not begin before the refund has been repaid to the
9 Fund, together with interest at the effective rate from the
10 date of the refund to the date of repayment.
11 (l) In lieu of any other annuity provided in this
12 Article, an eligible spouse of an employee who dies in
13 service at least 60 days after the effective date of this
14 amendatory Act of the 91st General Assembly with at least 10
15 years of service shall be entitled to an annuity of 50% of
16 the minimum formula annuity earned and accrued to the credit
17 of the employee at the date of death. For the purposes of
18 this subsection, the minimum formula annuity earned and
19 accrued to the credit of the employee is equal to 2.40% for
20 each year of service of the highest average annual salary for
21 any 4 consecutive years within the last 10 years of service
22 immediately preceding the date of death, up to a maximum of
23 80% of the highest average annual salary. This annuity shall
24 not be reduced due to the age of the employee or spouse. In
25 addition to any other eligibility requirements under this
26 Article, the spouse is eligible for this annuity only if the
27 marriage was in effect for 10 full years or more.
28 (Source: P.A. 90-32, eff. 6-27-97; 90-511, eff. 8-22-97;
29 90-766, eff. 8-14-98.)
30 (40 ILCS 5/8-153) (from Ch. 108 1/2, par. 8-153)
31 Sec. 8-153. Widow's remarriage marriage to terminate
32 annuity. A widow's annuity shall terminate when she remarries
33 if the marriage takes place before the date 60 days after the
-26- LRB9110328EGfg
1 effective date of this amendatory Act of the 91st General
2 Assembly. If a widow remarries 60 or more days after the
3 effective date of this amendatory Act of the 91st General
4 Assembly, the widow's annuity shall continue without
5 interruption.
6 When a widow dies, if she has not received, in the form
7 of an annuity, an amount equal to the total credited from
8 employee's contributions and applied for the widow's annuity,
9 the difference between such annuity credits and the amount
10 received by her shall be refunded to her, provided, that if a
11 reversionary annuity is payable to her, or to any other
12 person designated by the employee, such amount shall not be
13 refunded but the reversionary annuity shall be payable. If
14 there is any child of the employee who is under 18 years of
15 age, the part of any such amount that is required to pay an
16 annuity to the child shall be transferred to the child's
17 annuity reserve. In making refunds under this Section, no
18 interest shall be paid upon either the total of annuity
19 payments made or the amounts subject to refund. Any refund
20 shall be paid according to the provisions of Section 8-170.
21 A subsequent change in marital status of the widow shall
22 not effect any restoration of any rights under this Article
23 except in the case of declaration of invalidity of a
24 subsequent marriage wherein the declaration of invalidity is
25 based upon charges of bigamy by the subsequent husband or the
26 legal disability of the subsequent husband to enter into a
27 marriage.
28 (Source: P.A. 83-706.)
29 (40 ILCS 5/8-158) (from Ch. 108 1/2, par. 8-158)
30 Sec. 8-158. Child's annuity. A child's annuity is
31 payable monthly after the death of an employee parent to the
32 child until the child's attainment of age 18, under the
33 following conditions, if the child was born before the
-27- LRB9110328EGfg
1 employee attained age 65, and before he withdrew from
2 service:
3 (a) upon death resulting from injury incurred in
4 the performance of an act of duty;
5 (b) upon death in service from any cause other than
6 injury incurred in the performance of an act of duty, if
7 the employee has at least 4 years of service after the
8 date of his original entry into service, and at least 2
9 years after the date of his latest re-entry;
10 (b) (c) upon death of an employee who withdraws
11 from service after age 55 (or after age 50 with at least
12 30 years of service if withdrawal is on or after June 27,
13 1997) and who has entered upon or is eligible for
14 annuity.
15 Payment shall be made as provided in Section 8-125.
16 (Source: P.A. 90-31, eff. 6-27-97; 90-766, eff. 8-14-98.)
17 (40 ILCS 5/8-161) (from Ch. 108 1/2, par. 8-161)
18 Sec. 8-161. Ordinary disability benefit. An employee
19 while under age 65 and prior to January 1, 1979, or while
20 under age 70 and after January 1, 1979, who becomes disabled
21 after the effective date as the result of any cause other
22 than injury incurred in the performance of duty, shall be
23 entitled to ordinary disability benefit during such
24 disability, after the first 30 days thereof.
25 The first payment shall be made not later than one month
26 after the benefit is granted and each subsequent payment
27 shall be made not later than one month after the last
28 preceding payment.
29 The disability benefit prescribed herein shall cease when
30 the first of the following dates shall occur and the
31 employee, if still disabled, shall thereafter be entitled to
32 such annuity as is otherwise provided in this Article:
33 (a) the date disability ceases.
-28- LRB9110328EGfg
1 (b) the date the disabled employee attains age 65 for
2 disability commencing prior to January 1, 1979.
3 (c) the date the disabled employee attains age 65 for
4 disability commencing prior to attainment of age 60 in the
5 service and after January 1, 1979.
6 (d) the date the disabled employee attains the age of 70
7 for disability commencing after attainment of age 60 in the
8 service and after January 1, 1979.
9 (e) the date the payments of the benefit shall exceed in
10 the aggregate, throughout the employee's service, a period
11 equal to 1/4 of the total service rendered prior to the date
12 of disability but in no event more than 5 years. In
13 computing such total service any period during which the
14 employee received ordinary disability benefit shall be
15 excluded.
16 Any employee whose ordinary disability benefit was
17 terminated after January 1, 1979 by reason of his attainment
18 of age 65 and who continues disabled after age 65 may elect
19 before July 1, 1986 to have such benefits resumed beginning
20 at the time of such termination and continuing until
21 termination is required under this Section as amended by this
22 amendatory Act of 1985. The amount payable to any employee
23 for such resumed benefit for any period shall be reduced by
24 the amount of any retirement annuity paid to such employee
25 under this Article for the same period of time or by any
26 refund paid in lieu of annuity.
27 Ordinary disability benefit shall be 50% of the
28 employee's salary at the date of disability.
29 For ordinary disability benefits paid before January 1,
30 2001, before any payment, an amount equal to less the sum
31 ordinarily deducted from salary for all annuity purposes for
32 such period for which the ordinary disability benefit is made
33 shall be deducted from such payment and credited to the
34 employee as a deduction from salary for that period. The
-29- LRB9110328EGfg
1 sums so deducted shall be credited to the employee and shall
2 be regarded, for annuity and refund purposes, as an amount
3 contributed by him.
4 For ordinary disability benefits paid on or after January
5 1, 2001, the fund shall credit sums equal to the amounts
6 ordinarily contributed by an employee for annuity purposes
7 for any period during which the employee receives ordinary
8 disability, and those sums shall be deemed for annuity
9 purposes and purposes of Section 8-173 as amounts contributed
10 by the employee. These amounts credited for annuity purposes
11 shall not be credited for refund purposes.
12 (Source: P.A. 84-23.)
13 (40 ILCS 5/8-167) (from Ch. 108 1/2, par. 8-167)
14 Sec. 8-167. Restoration of rights.
15 (1) An employee who has withdrawn as a refund the
16 amounts credited for annuity purposes, and who re-enters
17 service and serves for periods comprising at least 2 years
18 after the date of the last refund paid to him, shall have his
19 annuity rights restored by compliance with the following
20 provisions:
21 (a) after such 2 year period, he shall repay to the
22 Fund, while in service, in full all refunds received,
23 together with interest at the effective rate from the
24 dates of refund to the date of repayment; or
25 (b) if payment is not made in a single sum, the
26 repayment may be made in installments by deductions from
27 salary or otherwise in such amounts and manner as the
28 board, by rule, may prescribe, with interest at the
29 effective rate accruing on unpaid balances; or
30 (c) if the employee withdraws from service or dies
31 in service before full repayment is made, such rights
32 shall not be restored, but the amount, including
33 interest, repaid by him, but without any further interest
-30- LRB9110328EGfg
1 otherwise normally credited, shall be refunded to him or
2 to his widow, or in the manner provided by the refund
3 provisions of this Article if no widow survives.
4 (2) A person who is employed full-time by a local labor
5 organization that represents municipal employees and has
6 withdrawn as a refund the amounts credited for annuity
7 purposes may elect to have his or her annuity rights restored
8 by repaying to the Fund in full all refunds received,
9 together with interest at the effective rate from the date of
10 the refund to the date of repayment. Repayment of a refund
11 under this subsection (2) does not require a return to
12 service, and this subsection applies without regard to
13 whether the person is in service on or after the effective
14 date of this amendatory Act of the 91st General Assembly.
15 (3) This Section applies also to any person who received
16 a refund from any annuity and benefit fund or pension fund
17 which was merged into and superseded by the annuity and
18 benefit fund provided for in this Article on or after
19 December 31, 1959. Upon repayment such person shall receive
20 credit for all annuity purposes in the annuity and benefit
21 fund provided for in this Article for the period of service
22 covered by such refund.
23 (4) The amount of refund repayment is considered as
24 salary deductions for age and service annuity and widow's
25 annuity purposes in the case of a male person. In the latter
26 case the amount of refund repayment is allocated in the
27 applicable proportion for age and service and widow's annuity
28 purposes. Such person shall also be credited with city
29 contributions for age and service annuity, and widow's
30 annuity if a male employee, in the amount which would have
31 been credited and accrued if such person had been a
32 participant in and contributor to the annuity and benefit
33 fund provided for in this Article during the period of such
34 service on the basis of his salary during such period.
-31- LRB9110328EGfg
1 (Source: P.A. 81-1536.)
2 (40 ILCS 5/8-168) (from Ch. 108 1/2, par. 8-168)
3 Sec. 8-168. Refunds - Withdrawal before age 55 or with
4 less than 10 years of service.
5 1. An employee, without regard to length of service, who
6 withdraws before age 55, and any employee with less than 10
7 years of service who withdraws before age 60, shall be
8 entitled to a refund of the accumulated sums to his credit,
9 as of the date of withdrawal, for age and service annuity and
10 widow's annuity from amounts contributed by him, including
11 interest credited and including amounts contributed for him
12 for age and service and widow's annuity purposes by the city
13 while receiving duty disability benefits; provided that such
14 amounts contributed by the city after December 31, 1981,
15 while the employee is receiving duty disability benefits, and
16 amounts credited to the employee for annuity purposes by the
17 fund after December 31, 2000, while the employee is receiving
18 ordinary disability benefits, shall not be credited for
19 refund purposes. If he is a present employee he shall also
20 be entitled to a refund of the accumulations from any sums
21 contributed by him, and applied to any municipal pension fund
22 superseded by this fund.
23 2. Upon receipt of the refund, the employee surrenders
24 and forfeits all rights to any annuity or other benefits, for
25 himself and for any other persons who might have benefited
26 through him; provided that he may have such period of service
27 counted in computing the term of his service if he becomes an
28 employee before age 65, excepting as limited by the
29 provisions of paragraph (a) (3) of Section 8-232 of this
30 Article relating to the basis of computing the term of
31 service.
32 3. Any such employee shall retain such right to a refund
33 of such amounts when he shall apply for same until he
-32- LRB9110328EGfg
1 re-enters the service or until the amount of annuity shall
2 have been fixed as provided in this Article. Thereafter, no
3 such right shall exist in the case of any such employee.
4 4. Any such municipal employee who shall have served 10
5 or more years and who shall not withdraw the amounts
6 aforesaid to which he shall have a right of refund shall have
7 a right to annuity as stated in this Article.
8 5. Any such municipal employee who shall have served
9 less than 10 years and who shall not withdraw the amounts to
10 which he shall have a right to refund shall have a right to
11 have all such amounts and all other amounts to his credit for
12 annuity purposes on date of his withdrawal from service
13 retained to his credit and improved by interest while he
14 shall be out of the service at the rate of 3 1/2% or 3% per
15 annum (whichever rate shall apply under the provisions of
16 Section 8-155 of this Article) and used for annuity purposes
17 for his benefit and the benefit of any person who may have
18 any right to annuity through him because of his service,
19 according to the provisions of this Article in the event that
20 he shall subsequently re-enter the service and complete the
21 number of years of service necessary to attain a right to
22 annuity; but such sum shall be improved by interest to his
23 credit while he shall be out of the service only until he
24 shall have become 65 years of age.
25 (Source: P.A. 82-283.)
26 (40 ILCS 5/8-171) (from Ch. 108 1/2, par. 8-171)
27 Sec. 8-171. Refund in lieu of annuity. In lieu of an
28 annuity, an employee who withdraws and whose annuity would
29 amount to less than $800 $300 a month for life, may elect to
30 receive a refund of his accumulated contributions for annuity
31 purposes, based on the amounts contributed by him.
32 The widow of any employee, eligible for annuity upon the
33 death of her husband, whose widow's annuity would amount to
-33- LRB9110328EGfg
1 less than $800 $300 a month for life, may, in lieu of widow's
2 annuity, elect to receive a refund of the accumulated
3 contributions for annuity purposes, based on the amounts
4 contributed by her deceased employee husband, but reduced by
5 any amounts theretofore paid to him in the form of an annuity
6 or refund out of such accumulated contributions.
7 Accumulated contributions shall mean the amounts -
8 including the interest credited thereon - contributed by the
9 employee for age and service and widow's annuity to the date
10 of his withdrawal or death, whichever first occurs, including
11 any amounts contributed for him as salary deductions while
12 receiving duty disability benefits, and, if not otherwise
13 included, any accumulations from sums contributed by him and
14 applied to any pension fund superseded by this fund; provided
15 that such amounts contributed by the city after December 31,
16 1981 while the employee is receiving duty disability benefits
17 and amounts credited to the employee for annuity purposes by
18 the fund after December 31, 2000 while the employee is
19 receiving ordinary disability shall not be included.
20 The acceptance of such refund in lieu of widow's annuity,
21 on the part of a widow, shall not deprive a child or children
22 of the right to receive a child's annuity as provided for in
23 Sections 8-158 and 8-159 of this Article, and neither shall
24 the payment of a child's annuity in the case of such refund
25 to a widow reduce the amount herein set forth as refundable
26 to such widow electing a refund in lieu of widow's annuity.
27 (Source: P.A. 86-1488.)
28 (40 ILCS 5/8-243.2) (from Ch. 108 1/2, par. 8-243.2)
29 Sec. 8-243.2. Alternative annuity for city officers.
30 (a) For the purposes of this Section and Sections
31 8-243.1 and 8-243.3, "city officer" means the city clerk, the
32 city treasurer, or an alderman of the city elected by vote of
33 the people, while serving in that capacity or as provided in
-34- LRB9110328EGfg
1 subsection (f), who has elected to participate in the Fund.
2 (b) Any elected city officer, while serving in that
3 capacity or as provided in subsection (f), may elect to
4 establish alternative credits for an alternative annuity by
5 electing in writing to make additional optional
6 contributions in accordance with this Section and the
7 procedures established by the board. Such elected city
8 officer may discontinue making the additional optional
9 contributions by notifying the Fund in writing in accordance
10 with this Section and procedures established by the board.
11 Additional optional contributions for the alternative
12 annuity shall be as follows:
13 (1) For service after the option is elected, an
14 additional contribution of 3% of salary shall be
15 contributed to the Fund on the same basis and under the
16 same conditions as contributions required under Sections
17 8-174 and 8-182.
18 (2) For service before the option is elected, an
19 additional contribution of 3% of the salary for the
20 applicable period of service, plus interest at the
21 effective rate from the date of service to the date of
22 payment. All payments for past service must be paid in
23 full before credit is given. No additional optional
24 contributions may be made for any period of service for
25 which credit has been previously forfeited by acceptance
26 of a refund, unless the refund is repaid in full with
27 interest at the effective rate from the date of refund to
28 the date of repayment.
29 (c) In lieu of the retirement annuity otherwise payable
30 under this Article, any city officer elected by vote of the
31 people who (1) has elected to participate in the Fund and
32 make additional optional contributions in accordance with
33 this Section, and (2) has attained age 55 60 with at least 10
34 years of service credit, or has attained age 60 65 with at
-35- LRB9110328EGfg
1 least 8 years of service credit, may elect to have his
2 retirement annuity computed as follows: 3% of the
3 participant's salary at the time of termination of service
4 for each of the first 8 years of service credit, plus 4% of
5 such salary for each of the next 4 years of service credit,
6 plus 5% of such salary for each year of service credit in
7 excess of 12 years, subject to a maximum of 80% of such
8 salary. To the extent such elected city officer has made
9 additional optional contributions with respect to only a
10 portion of his years of service credit, his retirement
11 annuity will first be determined in accordance with this
12 Section to the extent such additional optional contributions
13 were made, and then in accordance with the remaining Sections
14 of this Article to the extent of years of service credit with
15 respect to which additional optional contributions were not
16 made.
17 (d) In lieu of the disability benefits otherwise payable
18 under this Article, any city officer elected by vote of the
19 people who (1) has elected to participate in the Fund, and
20 (2) has become permanently disabled and as a consequence is
21 unable to perform the duties of his office, and (3) was
22 making optional contributions in accordance with this Section
23 at the time the disability was incurred, may elect to receive
24 a disability annuity calculated in accordance with the
25 formula in subsection (c). For the purposes of this
26 subsection, such elected city officer shall be considered
27 permanently disabled only if: (i) disability occurs while in
28 service as an elected city officer and is of such a nature as
29 to prevent him from reasonably performing the duties of his
30 office at the time; and (ii) the board has received a written
31 certification by at least 2 licensed physicians appointed by
32 it stating that such officer is disabled and that the
33 disability is likely to be permanent.
34 (e) Refunds of additional optional contributions shall
-36- LRB9110328EGfg
1 be made on the same basis and under the same conditions as
2 provided under Sections 8-168, 8-170 and 8-171. Interest
3 shall be credited at the effective rate on the same basis and
4 under the same conditions as for other contributions.
5 Optional contributions shall be accounted for in a separate
6 Elected City Officer Optional Contribution Reserve. Optional
7 contributions under this Section shall be included in the
8 amount of employee contributions used to compute the tax levy
9 under Section 8-173.
10 (f) The effective date of this plan of optional
11 alternative benefits and contributions shall be July 1, 1990,
12 or the date upon which approval is received from the U.S.
13 Internal Revenue Service, whichever is later.
14 The plan of optional alternative benefits and
15 contributions shall not be available to any former city
16 officer or employee receiving an annuity from the Fund on the
17 effective date of the plan, unless he re-enters service as an
18 elected city officer and renders at least 3 years of
19 additional service after the date of re-entry. However, a
20 person who holds office as a city officer on June 1, 1995
21 April 30, 1991 may elect to participate in the plan, to
22 transfer credits into the Fund from other Articles of this
23 Code, and to make the contributions required for prior
24 service, until 30 days after the effective date of this
25 amendatory Act of the 91st General Assembly the plan takes
26 effect, notwithstanding the ending of his term of office
27 prior to that effective date; in the event that the person is
28 already receiving an annuity from this Fund or any other
29 Article of this Code at the time of making this election, the
30 annuity shall be recalculated to include any increase
31 resulting from participation in the plan, with such increase
32 taking effect on the effective date of the election plan.
33 (Source: P.A. 86-1488; 87-794.)
-37- LRB9110328EGfg
1 (40 ILCS 5/8-244) (from Ch. 108 1/2, par. 8-244)
2 Sec. 8-244. Annuities, etc., exempt.
3 (a) All annuities, refunds, pensions, and disability
4 benefits granted under this Article, shall be exempt from
5 attachment or garnishment process and shall not be seized,
6 taken, subjected to, detained, or levied upon by virtue of
7 any judgment, or any process or proceeding whatsoever issued
8 out of or by any court in this State, for the payment and
9 satisfaction in whole or in part of any debt, damage, claim,
10 demand, or judgment against any annuitant, pensioner,
11 participant, refund applicant, or other beneficiary
12 hereunder.
13 (b) No annuitant, pensioner, refund applicant, or other
14 beneficiary shall have any right to transfer or assign his
15 annuity, refund, or disability benefit or any part thereof by
16 way of mortgage or otherwise, except that:
17 (1) an annuitant or pensioner who elects or has
18 elected to participate in a non-profit group hospital
19 care plan or group medical surgical plan may with the
20 approval of the board and in conformity with its
21 regulations authorize the board to withhold from the
22 pension or annuity the current premium for such coverage
23 and pay such premium to the organization underwriting
24 such plan;
25 (2) in the case of refunds, a participant may
26 pledge by assignment, power of attorney, or otherwise, as
27 security for a loan from a legally operating credit union
28 making loans only to participants in certain public
29 employee pension funds described in the Illinois Pension
30 Code, all or part of any refund which may become payable
31 to him in the event of his separation from service; and
32 (3) the board, in its discretion, may pay to the
33 wife of any annuitant, pensioner, refund applicant, or
34 disability beneficiary, such an amount out of her
-38- LRB9110328EGfg
1 husband's annuity pension, refund, or disability benefit
2 as any court of competent jurisdiction may order, or such
3 an amount as the board may consider necessary for the
4 support of his wife or children, or both in the event of
5 his disappearance or unexplained absence or of his
6 failure to support such wife or children.
7 (c) The board may retain out of any future annuity,
8 pension, refund or disability benefit payments, such amount,
9 or amounts, as it may require for the repayment of any moneys
10 paid to any annuitant, pensioner, refund applicant, or
11 disability beneficiary through misrepresentation, fraud or
12 error. Any such action of the board shall relieve and
13 release the board and the fund from any liability for any
14 moneys so withheld.
15 (d) Whenever an annuity or disability benefit is payable
16 to a minor or to a person certified by a medical doctor
17 adjudged to be under legal disability, the board, in its
18 discretion and when it is in to the best interest of the
19 person concerned, may waive guardianship proceedings and pay
20 the annuity or benefit to the person providing or caring for
21 the minor or and to the wife, parent or blood relative
22 providing or caring for the person under legal disability.
23 In the event that a person certified by a medical doctor
24 to be under legal disability (i) has no spouse, blood
25 relative, or other person providing or caring for him or
26 her, (ii) has no guardian of his or her estate, and (iii) is
27 confined to a Medicare approved, State certified nursing home
28 or to a publicly owned and operated nursing home, hospital,
29 or mental institution, the Board may pay any benefit due that
30 person to the nursing home, hospital, or mental institution,
31 to be used for the sole benefit of the person under legal
32 disability.
33 Payment in accordance with this subsection to a person,
34 nursing home, hospital, or mental institution for the benefit
-39- LRB9110328EGfg
1 of a minor or person under legal disability shall be an
2 absolute discharge of the Fund's liability with respect to
3 the amount so paid. Any person, nursing home, hospital, or
4 mental institution accepting payment under this subsection
5 shall notify the Fund of the death or any other relevant
6 change in the status of the minor or person under legal
7 disability.
8 (Source: P.A. 86-1488.)
9 (40 ILCS 5/11-124) (from Ch. 108 1/2, par. 11-124)
10 Sec. 11-124. Annuity.
11 "Annuity": Equal monthly payments for life, unless
12 terminated earlier under Section 11-148, 11-152, 11-153, or
13 11-230.
14 For annuities taking effect before January 1, 1998, the
15 first payment shall be due and payable one month after the
16 occurrence of the event upon which payment of the annuity
17 depends. Until August 1, 1999, and payment shall be made
18 for any part of a monthly period in which death of the
19 annuitant occurs. Beginning August 1, 1999, all payments
20 shall be made on the first day of the calendar month and
21 shall be for the entire calendar month, without proration.
22 The last payment shall be made on the first day of the
23 calendar month in which the annuity payment period ends. A
24 pro rata amount shall be paid for that part of the month from
25 the July 1999 annuity payment date through July 31, 1999.
26 For annuities taking effect on or after January 1, 1998,
27 payments shall be made as of the first day of the calendar
28 month, with the first payment to be made as of the first day
29 of the calendar month coincidental with or next following the
30 first day of the annuity payment period, and the last payment
31 to be made as of the first day of the calendar month in which
32 the annuity payment period ends. For annuities taking effect
33 on or after January 1, 1998, all payments shall be for the
-40- LRB9110328EGfg
1 entire calendar month, without proration.
2 For the purposes of this Section, the "annuity payment
3 period" means the period beginning on the day after the
4 occurrence of the event upon which payment of the annuity
5 depends, and ending on the day upon which the death of the
6 annuitant or other event terminating the annuity occurs.
7 (Source: P.A. 90-31, eff. 6-27-97.)
8 (40 ILCS 5/11-134) (from Ch. 108 1/2, par. 11-134)
9 Sec. 11-134. Minimum annuities.
10 (a) An employee whose withdrawal occurs after July 1,
11 1957 at age 60 or over, with 20 or more years of service, (as
12 service is defined or computed in Section 11-216), for whom
13 the age and service and prior service annuity combined is
14 less than the amount stated in this Section, shall, from and
15 after the date of withdrawal, in lieu of all annuities
16 otherwise provided in this Article, be entitled to receive an
17 annuity for life of an amount equal to 1 2/3% for each year
18 of service, of the highest average annual salary for any 5
19 consecutive years within the last 10 years of service
20 immediately preceding the date of withdrawal; provided, that
21 in the case of any employee who withdraws on or after July 1,
22 1971, such employee age 60 or over with 20 or more years of
23 service, shall be entitled to instead receive an annuity for
24 life equal to 1.67% for each of the first 10 years of
25 service; 1.90% for each of the next 10 years of service;
26 2.10% for each year of service in excess of 20 but not
27 exceeding 30; and 2.30% for each year of service in excess of
28 30, based on the highest average annual salary for any 4
29 consecutive years within the last 10 years of service
30 immediately preceding the date of withdrawal.
31 An employee who withdraws after July 1, 1957 and before
32 January 1, 1988, with 20 or more years of service, before age
33 60, shall be entitled to an annuity, to begin not earlier
-41- LRB9110328EGfg
1 than age 55, if under such age at withdrawal, as computed in
2 the last preceding paragraph, reduced 0.25% if the employee
3 was born before January 1, 1936, or 0.5% if the employee was
4 born on or after January 1, 1936, for each full month or
5 fractional part thereof that his attained age when such
6 annuity is to begin is less than 60.
7 Any employee born before January 1, 1936 who withdraws
8 with 20 or more years of service, and any employee with 20 or
9 more years of service who withdraws on or after January 1,
10 1988, may elect to receive, in lieu of any other employee
11 annuity provided in this Section, an annuity for life equal
12 to 1.80% for each of the first 10 years of service, 2.00% for
13 each of the next 10 years of service, 2.20% for each year of
14 service in excess of 20, but not exceeding 30, and 2.40% for
15 each year of service in excess of 30, of the highest average
16 annual salary for any 4 consecutive years within the last 10
17 years of service immediately preceding the date of
18 withdrawal, to begin not earlier than upon attained age of 55
19 years, if under such age at withdrawal, reduced 0.25% for
20 each full month or fractional part thereof that his attained
21 age when annuity is to begin is less than 60; except that an
22 employee retiring on or after January 1, 1988, at age 55 or
23 over but less than age 60, having at least 35 years of
24 service, or an employee retiring on or after July 1, 1990, at
25 age 55 or over but less than age 60, having at least 30 years
26 of service, or an employee retiring on or after the effective
27 date of this amendatory Act of 1997, at age 55 or over but
28 less than age 60, having at least 25 years of service, shall
29 not be subject to the reduction in retirement annuity because
30 of retirement below age 60.
31 However, in the case of an employee who retired on or
32 after January 1, 1985 but before January 1, 1988, at age 55
33 or older and with at least 35 years of service, and who was
34 subject under this subsection (a) to the reduction in
-42- LRB9110328EGfg
1 retirement annuity because of retirement below age 60, that
2 reduction shall cease to be effective January 1, 1991, and
3 the retirement annuity shall be recalculated accordingly.
4 Any employee who withdraws on or after July 1, 1990, with
5 20 or more years of service, may elect to receive, in lieu of
6 any other employee annuity provided in this Section, an
7 annuity for life equal to 2.20% for each year of service if
8 withdrawal is before 60 days after the effective date of this
9 amendatory Act of the 91st General Assembly, or 2.40% for
10 each year of service if withdrawal is 60 days after the
11 effective date of this amendatory Act of the 91st General
12 Assembly or later, of the highest average annual salary for
13 any 4 consecutive years within the last 10 years of service
14 immediately preceding the date of withdrawal, to begin not
15 earlier than upon attained age of 55 years, if under such age
16 at withdrawal, reduced 0.25% for each full month or
17 fractional part thereof that his attained age when annuity is
18 to begin is less than 60; except that an employee retiring at
19 age 55 or over but less than age 60, having at least 30 years
20 of service, shall not be subject to the reduction in
21 retirement annuity because of retirement below age 60.
22 Any employee who withdraws on or after the effective date
23 of this amendatory Act of 1997 with 20 or more years of
24 service may elect to receive, in lieu of any other employee
25 annuity provided in this Section, an annuity for life equal
26 to 2.20%, for each year of service if withdrawal is before 60
27 days after the effective date of this amendatory Act of the
28 91st General Assembly, or 2.40% for each year of service if
29 withdrawal is 60 days after the effective date of this
30 amendatory Act of the 91st General Assembly or later, of the
31 highest average annual salary for any 4 consecutive years
32 within the last 10 years of service immediately preceding the
33 date of withdrawal, to begin not earlier than upon attainment
34 of age 55 (age 50 if the employee has at least 30 years of
-43- LRB9110328EGfg
1 service), reduced 0.25% for each full month or remaining
2 fractional part thereof that the employee's attained age when
3 annuity is to begin is less than 60; except that an employee
4 retiring at age 50 or over with at least 30 years of service
5 or at age 55 or over with at least 25 years of service shall
6 not be subject to the reduction in retirement annuity because
7 of retirement below age 60.
8 The maximum annuity payable under this paragraph (a) of
9 this Section shall not exceed 70% of highest average annual
10 salary in the case of an employee who withdraws prior to July
11 1, 1971, 75% if withdrawal takes place on or after July 1,
12 1971, and prior to 60 days after the effective date of this
13 amendatory Act of the 91st General Assembly, or 80% if
14 withdrawal is 60 days after the effective date of this
15 amendatory Act of the 91st General Assembly or later. For the
16 purpose of the minimum annuity provided in said paragraphs
17 $1,500 shall be considered the minimum annual salary for any
18 year; and the maximum annual salary to be considered for the
19 computation of such annuity shall be $4,800 for any year
20 prior to 1953, $6,000 for the years 1953 to 1956, inclusive,
21 and the actual annual salary, as salary is defined in this
22 Article, for any year thereafter.
23 (b) For an employee receiving disability benefit, his
24 salary for annuity purposes under this Section shall, for all
25 periods of disability benefit subsequent to the year 1956, be
26 the amount on which his disability benefit was based.
27 (c) An employee with 20 or more years of service, whose
28 entire disability benefit credit period expires prior to
29 attainment of age 55 while still disabled for service, shall
30 be entitled upon withdrawal to the larger of (1) the minimum
31 annuity provided above assuming that he is then age 55, and
32 reducing such annuity to its actuarial equivalent at his
33 attained age on such date, or (2) the annuity provided from
34 his age and service and prior service annuity credits.
-44- LRB9110328EGfg
1 (d) The minimum annuity provisions as aforesaid shall
2 not apply to any former employee receiving an annuity from
3 the fund, and who re-enters service as an employee, unless he
4 renders at least 3 years of additional service after the date
5 of re-entry.
6 (e) An employee in service on July 1, 1947, or who
7 became a contributor after July 1, 1947 and prior to July 1,
8 1950, or who shall become a contributor to the fund after
9 July 1, 1950 prior to attainment of age 70, who withdraws
10 after age 65 with less than 20 years of service, for whom the
11 annuity has been fixed under the foregoing Sections of this
12 Article shall, in lieu of the annuity so fixed, receive an
13 annuity as follows:
14 Such amount as he could have received had the accumulated
15 amounts for annuity been improved with interest at the
16 effective rate to the date of his withdrawal, or to
17 attainment of age 70, whichever is earlier, and had the city
18 contributed to such earlier date for age and service annuity
19 the amount that would have been contributed had he been under
20 age 65, after the date his annuity was fixed in accordance
21 with this Article, and assuming his annuity were computed
22 from such accumulations as of his age on such earlier date.
23 The annuity so computed shall not exceed the annuity which
24 would be payable under the other provisions of this Section
25 if the employee was credited with 20 years of service and
26 would qualify for annuity thereunder.
27 (f) In lieu of the annuity provided in this or in any
28 other Section of this Article, an employee having attained
29 age 65 with at least 15 years of service who withdraws from
30 service on or after July 1, 1971 and whose annuity computed
31 under other provisions of this Article is less than the
32 amount provided under this paragraph shall be entitled to
33 receive a minimum annual annuity for life equal to 1% of the
34 highest average annual salary for any 4 consecutive years
-45- LRB9110328EGfg
1 within the last 10 years of service immediately preceding
2 retirement for each year of his service plus the sum of $25
3 for each year of service. Such annual annuity shall not
4 exceed the maximum percentages stated under paragraph (a) of
5 this Section of such highest average annual salary.
6 (f-1) Instead of any other retirement annuity provided
7 in this Article, an employee who has at least 10 years of
8 service and withdraws from service on or after January 1,
9 1999 may elect to receive a retirement annuity for life,
10 beginning no earlier than upon attainment of age 60, equal to
11 2.2% if withdrawal is before 60 days after the effective date
12 of this amendatory Act of the 91st General Assembly or 2.4%
13 for each year of service if withdrawal is 60 days after the
14 effective date of this amendatory Act of the 91st General
15 Assembly or later, of final average salary for each year of
16 service, subject to a maximum of 75% of final average salary
17 if withdrawal is before 60 days after the effective date of
18 this amendatory Act of the 91st General Assembly, or 80% if
19 withdrawal is 60 days after the effective date of this
20 amendatory Act of the 91st General Assembly or later. For
21 the purpose of calculating this annuity, "final average
22 salary" means the highest average annual salary for any 4
23 consecutive years in the last 10 years of service.
24 (g) Any annuity payable under the preceding subsections
25 of this Section 11-134 shall be paid in equal monthly
26 installments.
27 (h) The amendatory provisions of part (a) and (f) of
28 this Section shall be effective July 1, 1971 and apply in the
29 case of every qualifying employee withdrawing on or after
30 July 1, 1971.
31 (i) The amendatory provisions of this amendatory Act of
32 1985 relating to the discount of annuity because of
33 retirement prior to attainment of age 60 and increasing the
34 retirement formula for those born before January 1, 1936,
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1 shall apply only to qualifying employees withdrawing on or
2 after August 16, 1985.
3 (j) Beginning on January 1, 1999, the minimum amount of
4 employee's annuity shall be $850 per month for life for the
5 following classes of employees, without regard to the fact
6 that withdrawal occurred prior to the effective date of this
7 amendatory Act of 1998:
8 (1) any employee annuitant alive and receiving a
9 life annuity on the effective date of this amendatory Act
10 of 1998, except a reciprocal annuity;
11 (2) any employee annuitant alive and receiving a
12 term annuity on the effective date of this amendatory Act
13 of 1998, except a reciprocal annuity;
14 (3) any employee annuitant alive and receiving a
15 reciprocal annuity on the effective date of this
16 amendatory Act of 1998, whose service in this fund is at
17 least 5 years;
18 (4) any employee annuitant withdrawing after age 60
19 on or after the effective date of this amendatory Act of
20 1998, with at least 10 years of service in this fund.
21 The increases granted under items (1), (2) and (3) of
22 this subsection (j) shall not be limited by any other Section
23 of this Act.
24 (Source: P.A. 90-32, eff. 6-27-97; 90-511, eff. 8-22-97;
25 90-766, eff. 8-14-98.)
26 (40 ILCS 5/11-134.2) (from Ch. 108 1/2, par. 11-134.2)
27 Sec. 11-134.2. Reversionary annuity.
28 (a) An employee, prior to retirement on annuity, may
29 elect to take a lesser amount of annuity and provide, with
30 the actuarial value of the amount by which his annuity is
31 reduced, a reversionary annuity for a wife, husband, parent,
32 child, brother or sister. The option shall be exercised by
33 filing a written designation with the board prior to
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1 retirement, and may be revoked by the employee at any time
2 before retirement. The death of the employee prior to his
3 retirement shall automatically void the option.
4 (b) The death of the designated reversionary annuitant
5 prior to the employee's retirement shall automatically void
6 the option. If the reversionary annuitant dies after the
7 employee's retirement, and before the death of the employee
8 annuitant, the reduced annuity being paid to the retired
9 employee annuitant shall be increased to the amount of
10 annuity before reduction for the reversionary annuity and no
11 reversionary annuity shall be payable.
12 The option is subject to the further condition that no
13 reversionary annuity shall be paid to a parent, child,
14 brother, or sister if the employee dies before the expiration
15 of 365 days from the date his written designation was filed
16 with the board, even though he has retired and is receiving a
17 reduced annuity.
18 (c) The employee exercising this option shall not reduce
19 his retirement annuity by more than $400 per month, or elect
20 to provide a reversionary annuity of less than $50 per month.
21 No option shall be permitted if the reversionary annuity for
22 a widow, when added to the widow's annuity payable under this
23 Article, exceeds 100% of the reduced annuity payable to the
24 employee.
25 (d) A reversionary annuity shall begin on the day
26 following the death of the annuitant and shall be paid as
27 provided in Section 11-124.
28 (e) The increases in annuity provided in Section
29 11-134.1 of this Article shall, as to an employee so electing
30 a reduced annuity, relate to the amount of the original
31 annuity, and such amount shall constitute the annuity on
32 which such increases shall be based.
33 (f) For annuities elected after June 30, 1983, the
34 amount of the monthly reversionary annuity shall be
-48- LRB9110328EGfg
1 determined by multiplying the amount of the monthly reduction
2 in the employee's annuity by the factor in the following
3 table based on the age of the employee and the difference in
4 the age of the employee and the age of the reversionary
5 annuitant at the starting date of the employee's annuity:
6 Employee's Age
7 Reversionary
8 Annuitant's
9 Age 50-51 52-54 55-57 58-60 61-63 64-66 67-69 70 &
10 Over
11 30 or
12 more
13 years
14 younger 3.03 2.56 2.18 1.84 1.55 1.29 1.08 0.91
15 25-29
16 years
17 younger 3.16 2.68 2.29 1.94 1.63 1.37 1.15 0.97
18 20-24
19 years
20 younger 3.35 2.85 2.44 2.07 1.75 1.48 1.25 1.06
21 15-19
22 years
23 younger 3.60 3.08 2.65 2.26 1.92 1.63 1.39 1.19
24 10-14
25 years
26 younger 3.96 3.40 2.94 2.53 2.16 1.85 1.59 1.37
27 5-9
28 years
29 younger 4.46 3.84 3.35 2.90 2.51 2.16 1.88 1.64
30 0-4
31 years
32 younger 5.15 4.47 3.93 3.44 3.00 2.61 2.29 2.02
33 1-5
34 years
-49- LRB9110328EGfg
1 older 6.12 5.36 4.76 4.21 3.71 3.26 2.88 2.56
2 6-10
3 years
4 older 7.48 6.61 5.93 5.30 4.71 4.16 3.70 3.29
5 11-15
6 years
7 older 9.37 8.35 7.58 6.83 6.11 5.40 4.82 4.32
8 16-20
9 years
10 older 11.99 10.78 9.84 8.93 8.02 7.13 6.43 5.87
11 21-25
12 years
13 older 15.59 14.06 12.91 11.82 10.73 9.66 8.88 8.35
14 26-30
15 years
16 older 20.42 18.49 17.15 15.96 14.80 13.65 12.97 12.82
17 31 or
18 more
19 years
20 older 27.07 24.72 23.34 22.32 21.45 20.62 20.85 23.28
21 (Source: P.A. 90-31, eff. 6-27-97; 90-766, eff. 8-14-98.)
22 (40 ILCS 5/11-145.1) (from Ch. 108 1/2, par. 11-145.1)
23 Sec. 11-145.1. Minimum annuities for widows. The widow
24 otherwise eligible for widow's annuity under other Sections
25 of this Article 11, of an employee hereinafter described, who
26 retires from service or dies while in the service subsequent
27 to the effective date of this amendatory provision, and for
28 which widow the amount of widow's annuity and widow's prior
29 service annuity combined, fixed or provided for such widow
30 under other provisions of said Article 11 is less than the
31 amount hereinafter provided in this section, shall, from and
32 after the date her otherwise provided annuity would begin, in
33 lieu of such otherwise provided widow's and widow's prior
-50- LRB9110328EGfg
1 service annuity, be entitled to the following indicated
2 amount of annuity:
3 (a) The widow of any employee who dies while in service
4 on or after the date on which he attains age 60 if the death
5 occurs before July 1, 1990, or on or after the date on which
6 he attains age 55 if the death occurs on or after July 1,
7 1990, with at least 20 years of service, or on or after the
8 date on which he attains age 50 if the death occurs on or
9 after the effective date of this amendatory Act of 1997 with
10 at least 30 years of service, shall be entitled to an annuity
11 equal to one-half of the amount of annuity which her deceased
12 husband would have been entitled to receive had he withdrawn
13 from the service on the day immediately preceding the date of
14 his death, conditional upon such widow having attained age 60
15 on or before such date if the death occurs before July 1,
16 1990, or age 55 if the death occurs on or after July 1, 1990,
17 or age 50 if the death occurs on or after January 1, 1998 and
18 the employee is age 50 or over with at least 30 years of
19 service or age 55 or over with at least 25 years of service.
20 Except as provided in subsection (j), the widow's annuity
21 shall not, however, exceed the sum of $500 a month if the
22 employee's death in service occurs before January 23, 1987.
23 The widow's annuity shall not be limited to a maximum dollar
24 amount if the employee's death in service occurs on or after
25 January 23, 1987.
26 If the employee dies in service before July 1, 1990, and
27 if such widow of such described employee shall not be 60 or
28 more years of age on such date of death, the amount provided
29 in the immediately preceding paragraph for a widow 60 or more
30 years of age, shall, in the case of such younger widow, be
31 reduced by 0.25% for each month that her then attained age is
32 less than 60 years if the employee was born before January 1,
33 1936, or dies in service on or after January 1, 1988, or 0.5%
34 for each month that her then attained age is less than 60
-51- LRB9110328EGfg
1 years if the employee was born on or after January 1, 1936
2 and dies in service before January 1, 1988.
3 If the employee dies in service on or after July 1, 1990,
4 and if the widow of the employee has not attained age 55 on
5 or before the employee's date of death, the amount otherwise
6 provided in this subsection (a) shall be reduced by 0.25% for
7 each month that her then attained age is less than 55 years;
8 except that if the employee dies in service on or after
9 January 1, 1998 at age 50 or over with at least 30 years of
10 service or at age 55 or over with at least 25 years of
11 service, there shall be no reduction due to the widow's age
12 if she has attained age 50 on or before the employee's date
13 of death, and if the widow has not attained age 50 on or
14 before the employee's date of death the amount otherwise
15 provided in this subsection (a) shall be reduced by 0.25% for
16 each month that her then attained age is less than 50 years.
17 (b) The widow of any employee who dies subsequent to the
18 date of his retirement on annuity, and who so retired on or
19 after the date on which he attained age 60 if retirement
20 occurs before July 1, 1990, or on or after the date on which
21 he attained age 55 if retirement occurs on or after July 1,
22 1990, with at least 20 years of service, or on or after the
23 date on which he attained age 50 if the retirement occurs on
24 or after the effective date of this amendatory Act of 1997
25 with at least 30 years of service, shall be entitled to an
26 annuity equal to one-half of the amount of annuity which her
27 deceased husband received as of the date of his retirement on
28 annuity, conditional upon such widow having attained age 60
29 on or before the date of her husband's retirement on annuity
30 if retirement occurs before July 1, 1990, or age 55 if
31 retirement occurs on or after July 1, 1990, or age 50 if the
32 retirement on annuity occurs on or after January 1, 1998 and
33 the employee is age 50 or over with at least 30 years of
34 service or age 55 or over with at least 25 years of service.
-52- LRB9110328EGfg
1 Except as provided in subsection (j), this widow's annuity
2 shall not, however, exceed the sum of $500 a month if the
3 employee's death occurs before January 23, 1987. The widow's
4 annuity shall not be limited to a maximum dollar amount if
5 the employee's death occurs on or after January 23, 1987,
6 regardless of the date of retirement; provided that, if
7 retirement was before January 23, 1987, the employee or
8 eligible spouse repays the excess spouse refund with interest
9 at the effective rate from the date of refund to the date of
10 repayment.
11 If the date of the employee's retirement on annuity is
12 before July 1, 1990, and if such widow of such described
13 employee shall not have attained such age of 60 or more years
14 on such date of her husband's retirement on annuity, the
15 amount provided in the immediately preceding paragraph for a
16 widow 60 or more years of age on the date of her husband's
17 retirement on annuity, shall, in the case of such then
18 younger widow, be reduced by 0.25% for each month that her
19 then attained age was less than 60 years if the employee was
20 born before January 1, 1936, or withdraws from service on or
21 after January 1, 1988, or 0.5% for each month that her then
22 attained age was less than 60 years if the employee was born
23 on or after January 1, 1936 and withdraws from service before
24 January 1, 1988.
25 If the date of the employee's retirement on annuity is on
26 or after July 1, 1990, and if the widow of the employee has
27 not attained age 55 by the date of the employee's retirement
28 on annuity, the amount otherwise provided in this subsection
29 (b) shall be reduced by 0.25% for each month that her then
30 attained age is less than 55 years; except that if the
31 employee retires on annuity on or after January 1, 1998 at
32 age 50 or over with at least 30 years of service or at age 55
33 or over with at least 25 years of service, there shall be no
34 reduction due to the widow's age if she has attained age 50
-53- LRB9110328EGfg
1 on or before the employee's date of death, and if the widow
2 has not attained age 50 on or before the employee's date of
3 death the amount otherwise provided in this subsection (b)
4 shall be reduced by 0.25% for each month that her then
5 attained age is less than 50 years.
6 (c) The foregoing provisions relating to minimum
7 annuities for widows shall not apply to the widow of any
8 former employee receiving an annuity from the fund on August
9 2, 1965 or on the effective date of this amendatory
10 provision, who re-enters service as a former employee, unless
11 such employee renders at least 3 years of additional service
12 after the date of re-entry.
13 (d) (Blank).
14 (e) (Blank).
15 (f) The amendments to this Section by this amendatory
16 Act of 1985, relating to changing the discount because of age
17 from 1/2 of 1% to 0.25% per month for widows of employees
18 born before January 1, 1936, shall apply only to qualifying
19 widows whose husbands die while in the service on or after
20 August 16, 1985 or withdraw and enter on annuity on or after
21 August 16, 1985.
22 (g) Beginning on January 1, 1999, the minimum amount of
23 widow's annuity shall be $800 per month for life for the
24 following classes of widows, without regard to the fact that
25 the death of the employee occurred prior to the effective
26 date of this amendatory Act of 1998:
27 (1) any widow annuitant alive and receiving a term
28 annuity on the effective date of this amendatory Act of
29 1998, except a reciprocal annuity;
30 (2) any widow annuitant alive and receiving a life
31 annuity on the effective date of this amendatory Act of
32 1998, except a reciprocal annuity;
33 (3) any widow annuitant alive and receiving a
34 reciprocal annuity on the effective date of this
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1 amendatory Act of 1998, whose employee spouse's service
2 in this fund was at least 5 years;
3 (4) the widow of an employee with at least 10 years
4 of service in this fund who dies after retirement, if the
5 retirement occurred prior to the effective date of this
6 amendatory Act of 1998;
7 (5) the widow of an employee with at least 10 years
8 of service in this fund who dies after retirement, if
9 withdrawal occurs on or after the effective date of this
10 amendatory Act of 1998;
11 (6) the widow of an employee who dies in service
12 with at least 5 years of service in this fund, if the
13 death in service occurs on or after the effective date of
14 this amendatory Act of 1998.
15 The increases granted under items (1), (2), (3) and (4)
16 of this subsection (g) shall not be limited by any other
17 Section of this Act.
18 (h) The widow of an employee who retired or died in
19 service on or after January 1, 1985 and before July 1, 1990,
20 at age 55 or older, and with at least 35 years of service
21 credit, shall be entitled to have her widow's annuity
22 increased, effective January 1, 1991, to an amount equal to
23 50% of the retirement annuity that the deceased employee
24 received on the date of retirement, or would have been
25 eligible to receive if he had retired on the day preceding
26 the date of his death in service, provided that if the widow
27 had not attained age 60 by the date of the employee's
28 retirement or death in service, the amount of the annuity
29 shall be reduced by 0.25% for each month that her then
30 attained age was less than age 60 if the employee's
31 retirement or death in service occurred on or after January
32 1, 1988, or by 0.5% for each month that her attained age is
33 less than age 60 if the employee's retirement or death in
34 service occurred prior to January 1, 1988. However, in cases
-55- LRB9110328EGfg
1 where a refund of excess contributions for widow's annuity
2 has been paid by the Fund, the increase in benefit provided
3 by this subsection (h) shall be contingent upon repayment of
4 the refund to the Fund with interest at the effective rate
5 from the date of refund to the date of payment.
6 (i) If a deceased employee is receiving a retirement
7 annuity at the time of death and that death occurs on or
8 after June 27, 1997, the widow may elect to receive, in lieu
9 of any other annuity provided under this Article, 50% of the
10 deceased employee's retirement annuity at the time of death
11 reduced by 0.25% for each month that the widow's age on the
12 date of death is less than 55; except that if the employee
13 dies on or after January 1, 1998 and withdrew from service on
14 or after June 27, 1997 at age 50 or over with at least 30
15 years of service or at age 55 or over with at least 25 years
16 of service, there shall be no reduction due to the widow's
17 age if she has attained age 50 on or before the employee's
18 date of death, and if the widow has not attained age 50 on or
19 before the employee's date of death the amount otherwise
20 provided in this subsection (i) shall be reduced by 0.25% for
21 each month that her age on the date of death is less than 50
22 years. However, in cases where a refund of excess
23 contributions for widow's annuity has been paid by the Fund,
24 the benefit provided by this subsection (i) is contingent
25 upon repayment of the refund to the Fund with interest at the
26 effective rate from the date of refund to the date of
27 payment.
28 (j) For widows of employees who died before January 23,
29 1987 after retirement on annuity or in service, the maximum
30 dollar amount limitation on widow's annuity shall cease to
31 apply, beginning with the first annuity payment after the
32 effective date of this amendatory Act of 1997; except that if
33 a refund of excess contributions for widow's annuity has been
34 paid by the Fund, the increase resulting from this subsection
-56- LRB9110328EGfg
1 (j) shall not begin before the refund has been repaid to the
2 Fund, together with interest at the effective rate from the
3 date of the refund to the date of repayment.
4 (k) In lieu of any other annuity provided in this
5 Article, an eligible spouse of an employee who dies in
6 service at least 60 days after the effective date of this
7 amendatory Act of the 91st General Assembly with at least 10
8 years of service shall be entitled to an annuity of 50% of
9 the minimum formula annuity earned and accrued to the credit
10 of the employee at the date of death. For the purposes of
11 this subsection, the minimum formula annuity earned and
12 accrued to the credit of the employee is equal to 2.40% for
13 each year of service of the highest average annual salary for
14 any 4 consecutive years within the last 10 years of service
15 immediately preceding the date of death, up to a maximum of
16 80% of the highest average annual salary. This annuity shall
17 not be reduced due to the age of the employee or spouse. In
18 addition to any other eligibility requirements under this
19 Article, the spouse is eligible for this annuity only if the
20 marriage was in effect for 10 full years or more.
21 (Source: P.A. 90-32, eff. 6-27-97; 90-511, eff. 8-22-97;
22 90-766, eff. 8-14-98.)
23 (40 ILCS 5/11-148) (from Ch. 108 1/2, par. 11-148)
24 Sec. 11-148. Widow's remarriage to terminate annuity. A
25 widow's annuity shall terminate when she remarries if the
26 marriage takes place before the date 60 days after the
27 effective date of this amendatory Act of the 91st General
28 Assembly. If a widow remarries 60 or more days after the
29 effective date of this amendatory Act of the 91st General
30 Assembly, the widow's annuity shall continue without
31 interruption.
32 When a widow dies, if she has not received, in the form
33 of an annuity, an amount equal to the total sum accumulated
-57- LRB9110328EGfg
1 to his credit from employee's contributions and applied for
2 the widow's annuity, the difference between such accumulated
3 annuity credits and the amount received by her in annuity
4 payments shall be refunded to her, provided, that if a
5 reversionary annuity is payable if to her, or to any other
6 person designated by the employee, such aforesaid amount
7 shall not be refunded but the reversionary annuity shall be
8 payable. If there is any child of the employee who is under
9 18 years of age, the part of any such amount that is required
10 to pay an annuity to the child shall be transferred to the
11 child's annuity reserve. In making refunds under this
12 Section, no interest shall be paid upon either the total of
13 annuity payments made or the amounts subject to refund. Any
14 refund shall be paid according to the provisions of Section
15 11-166.
16 A subsequent change in marital status of the widow shall
17 not affect any restoration of any rights under this Article
18 except in the case of declaration of invalidity of a
19 subsequent marriage wherein the declaration of invalidity is
20 based upon charges of bigamy by the subsequent husband or the
21 legal disability of the subsequent husband to enter into a
22 marriage.
23 (Source: P.A. 83-706.)
24 (40 ILCS 5/11-153) (from Ch. 108 1/2, par. 11-153)
25 Sec. 11-153. Child's annuity.
26 (a) A "Child's Annuity" shall be payable monthly after
27 the death of an employee parent to an unmarried child until
28 the child's attainment of age 18 or marriage, whichever event
29 shall first occur, under the following conditions, if the
30 child was born or in esse before the employee attained age
31 65, and before he withdrew from service:
32 (1) upon death resulting from injury incurred in
33 the performance of an act of duty;
-58- LRB9110328EGfg
1 (2) upon death in service from any cause other than
2 injury incurred in the performance of duty, if the
3 employee has at least 4 years of service after the date
4 of his original entry into service, and at least 2 years
5 after the date of his latest re-entry;
6 (2)(3) upon death of an employee who withdraws from
7 service after age 55 (or after age 50 with at least 30
8 years of service if withdrawal is on or after June 27,
9 1997) and who has entered upon or is eligible for
10 annuity.
11 Payment shall be made as provided in Section 11-124.
12 (b) After July 24, 1967, an adopted child shall be
13 entitled to the same child's annuity benefits provided for
14 natural children in this Article, if:
15 (1) the child was legally adopted by the employee
16 at least one year prior to the death of the employee; and
17 (2) the child was adopted before the employee
18 withdrew from service attained age 55.
19 (Source: P.A. 90-31, eff. 6-27-97; 90-766, eff. 8-14-98.)
20 (40 ILCS 5/11-156) (from Ch. 108 1/2, par. 11-156)
21 Sec. 11-156. Ordinary disability benefit. An employee,
22 while under age 65 and prior to January 1, 1979, or while
23 under age 70 and after January 1, 1979, who becomes disabled
24 after the effective date as the result of any cause other
25 than injury incurred in the performance of any act or acts of
26 duty, shall be entitled to ordinary disability benefit during
27 such disability, after the first 30 days thereof.
28 The disability benefit prescribed herein shall cease when
29 the first of the following dates shall occur and the
30 employee, if still disabled, shall thereafter be entitled to
31 such annuity as is otherwise provided in this Article:
32 (a) the date disability ceases.
33 (b) the date the disabled employee attains age 65 for
-59- LRB9110328EGfg
1 disability commencing prior to January 1, 1979.
2 (c) the date the disabled employee attains 65 for
3 disability commencing prior to attainment of age 60 in the
4 service and after January 1, 1979.
5 (d) the date the disabled employee attains the age of 70
6 for disability commencing after attainment of age 60 in the
7 service and after January 1, 1979.
8 (e) the date the payments of the benefit shall exceed in
9 the aggregate, throughout the employee's service, a period
10 equal to 1/4 of the total service rendered prior to the date
11 of disability but in no event more than 5 years. In computing
12 such total the following periods shall be excluded:
13 (i) Any period during which the employee received
14 ordinary disability benefit;
15 (ii) Any period of absence from duty, whether caused by
16 layoff, leave of absence or suspension of employment, or any
17 other reason, unless the board, upon satisfactory evidence,
18 finds that the disability resulted from a cause which existed
19 or occurred prior to such period of absence. No employee who
20 becomes disabled and whose disability begins during absence
21 from duty (other than while on vacation with pay) shall have
22 any right to ordinary disability benefit, except as herein
23 provided, until he recovers from such disability and performs
24 the duties of his position in the service for at least 15
25 consecutive days, Sundays and holidays excepted, after such
26 recovery.
27 The first payment shall be made not later than one month
28 after the benefit is granted and each subsequent payment
29 shall be made not later than one month after the last
30 preceding payment.
31 Ordinary disability benefit shall be 50% of the
32 employee's salary at the date of disability.
33 For ordinary disability benefits paid before January 1,
34 2001, before any payment, an amount equal to, less the sum
-60- LRB9110328EGfg
1 ordinarily deducted from salary for all annuity purposes for
2 such period for which the ordinary disability benefit is made
3 shall be deducted from such payment and credited to the
4 employee as a deduction from salary for that period. The
5 sums so deducted shall be credited to the employee and shall
6 be regarded, for annuity and refund purposes, as an amount
7 contributed by him.
8 For ordinary disability benefits paid on or after January
9 1, 2001, the fund shall credit sums equal to the amounts
10 ordinarily contributed by an employee for annuity purposes
11 for any period during which the employee receives ordinary
12 disability, and those sums shall be deemed for annuity
13 purposes and purposes of Section 11-169 as amounts
14 contributed by the employee. These amounts credited for
15 annuity purposes shall not be credited for refund purposes.
16 Any employee whose ordinary disability benefit was
17 terminated after January 1, 1979 by reason of his attainment
18 of age 65 and who continues disabled after age 65 may elect
19 before July 1, 1986 to have such benefits resumed beginning
20 at the time of such termination and continuing until
21 termination is required under this Section as amended by this
22 amendatory Act of 1985. The amount payable to any employee
23 for such resumed benefit for any period shall be reduced by
24 the amount of any retirement annuity paid to such employee
25 under this Article for the same period of time or by refund
26 paid in lieu of annuity.
27 (Source: P.A. 85-964.)
28 (40 ILCS 5/11-164) (from Ch. 108 1/2, par. 11-164)
29 Sec. 11-164. Refunds - Withdrawal before age 55 or with
30 less than 10 years of service.
31 (1) An employee, without regard to length of service,
32 who withdraws before age 55, and any employee with less than
33 10 years of service who withdraws before age 60, shall be
-61- LRB9110328EGfg
1 entitled to a refund of the total sum accumulated to his
2 credit as of date of withdrawal for age and service annuity
3 and widow's annuity from amounts contributed by him or by the
4 City in lieu of employee contributions during duty
5 disability; provided that such amounts contributed by the
6 city after December 31, 1983 while the employee is receiving
7 duty disability benefits and amounts credited to the employee
8 for annuity purposes by the fund after December 31, 2000
9 while the employee is receiving ordinary disability benefits
10 shall not be credited for refund purposes.
11 The board may in its discretion withhold payment of
12 refund for a period not to exceed 6 months from the date of
13 withdrawal. Interest at the effective rate shall be paid on
14 any such refund withheld during such withheld period not to
15 exceed 6 months.
16 (2) Upon receipt of the refund, the employee surrenders
17 and forfeits all rights to any annuity or other benefits, for
18 himself and for any other persons who might have benefited
19 through him; provided that he may have such period of service
20 counted in computing the term of his service for age and
21 service annuity purposes only if he becomes an employee
22 before age 65.
23 (3) An employee who does not receive a refund shall have
24 all amounts to his credit for annuity purposes on the date of
25 his withdrawal improved by interest only until he becomes age
26 65, while out of service, at the effective rate, for his
27 benefit and the benefit of any person who may have any right
28 to annuity through him if he re-enters the service and
29 attains a right to annuity.
30 (4) Any such employee shall retain such right to refund
31 of such amounts when he shall apply for same, until he
32 re-enters the service or until the amount of annuity to which
33 he shall have a right shall have been fixed as provided in
34 this Article. Thereafter, no such right shall exist in the
-62- LRB9110328EGfg
1 case of any such employee.
2 (Source: P.A. 83-499.)
3 (40 ILCS 5/11-167) (from Ch. 108 1/2, par. 11-167)
4 Sec. 11-167. Refunds in lieu of annuity. In lieu of an
5 annuity, an employee who withdraws, and whose annuity would
6 amount to less than $800 $300 a month for life may elect to
7 receive a refund of the total sum accumulated to his credit
8 from employee contributions for annuity purposes.
9 The widow of any employee, eligible for annuity upon the
10 death of her husband, whose annuity would amount to less than
11 $800 $300 a month for life, may, in lieu of a widow's
12 annuity, elect to receive a refund of the accumulated
13 contributions for annuity purposes, based on the amounts
14 contributed by her deceased employee husband, but reduced by
15 any amounts theretofore paid to him in the form of an annuity
16 or refund out of such accumulated contributions.
17 Accumulated contributions shall mean the amounts
18 including interest credited thereon contributed by the
19 employee for age and service and widow's annuity to the date
20 of his withdrawal or death, whichever first occurs, and
21 including the accumulations from any amounts contributed for
22 him as salary deductions while receiving duty disability
23 benefits; provided that such amounts contributed by the city
24 after December 31, 1983 while the employee is receiving duty
25 disability benefits and amounts credited to the employee for
26 annuity purposes by the fund after December 31, 2000 while
27 the employee is receiving ordinary disability benefits shall
28 not be included.
29 The acceptance of such refund in lieu of widow's annuity,
30 on the part of a widow, shall not deprive a child or children
31 of the right to receive a child's annuity as provided for in
32 Sections 11-153 and 11-154 of this Article, and neither shall
33 the payment of a child's annuity in the case of such refund
-63- LRB9110328EGfg
1 to a widow reduce the amount herein set forth as refundable
2 to such widow electing a refund in lieu of widow's annuity.
3 (Source: P.A. 90-655, eff. 7-30-98.)
4 (40 ILCS 5/11-181) (from Ch. 108 1/2, par. 11-181)
5 Sec. 11-181. Board created. A board of 8 members shall
6 constitute the board of trustees authorized to carry out the
7 provisions of this Article. The board shall be known as the
8 Retirement Board of the Laborers' and Retirement Board
9 Employees' Annuity and Benefit Fund of the city. The board
10 shall consist of 5 persons appointed and 2 employees and one
11 annuitant elected in the manner hereinafter prescribed.
12 The appointed members of the board shall be appointed as
13 follows:
14 One member shall be appointed by the comptroller of the
15 city, who may be himself or anyone chosen from among
16 employees of the city who are versed in the affairs of the
17 comptroller's office; one member shall be appointed by the
18 City Treasurer of the city, who may be himself or a person
19 chosen from among employees of the city who are versed in the
20 affairs of the City Treasurer's office; one member shall be
21 an employee of the city appointed by the president of the
22 local labor organization representing a majority of the
23 employees participating in the Fund; and 2 members shall be
24 appointed by the civil service commission or the Department
25 of Personnel of the city from among employees of the city who
26 are versed in the affairs of the civil service commission's
27 office or the Department of Personnel.
28 The member appointed by the comptroller shall hold office
29 for a term ending on December 1st of the first year following
30 the year of appointment. The member appointed by the City
31 Treasurer shall hold office for a term ending on December 1st
32 of the second year following the year of appointment. The
33 member appointed by the civil service commission shall hold
-64- LRB9110328EGfg
1 office for a term ending on the first day in the month of
2 December of the third year following the year of appointment.
3 The additional member appointed by the civil service
4 commission under this amendatory Act of 1998 shall hold
5 office for an initial term ending on December 1, 2000, and
6 the member appointed by the labor organization president
7 shall hold office for an initial term ending on December 1,
8 2001. Thereafter each appointive member shall be appointed
9 by the officer or body that appointed his predecessor, for a
10 term of 3 years.
11 The 2 employee members of the board shall be elected as
12 follows:
13 Within 30 days from and after the appointive members have
14 been appointed and have qualified, the appointive members
15 shall arrange for and hold an election.
16 One employee shall be elected for a term ending on
17 December 1st of the first year next following the effective
18 date; one for a term ending on December 1st of the following
19 year.
20 The initial annuitant member shall be appointed by the
21 other members of the board for an initial term ending on
22 December 1, 1999. Thereafter, The annuitant member elected
23 in 1999 shall be deemed to have been elected for a 3-year
24 2-year term ending on December 1, 2002. Thereafter, the
25 annuitant member shall be elected for a 3-year term ending on
26 December 1st of the third year following the election 1st of
27 the next odd-numbered year.
28 (Source: P.A. 90-766, eff. 8-14-98.)
29 (40 ILCS 5/11-182) (from Ch. 108 1/2, par. 11-182)
30 Sec. 11-182. Board elections; qualification; oath.
31 (a) In each year, the board shall conduct a regular
32 election, under rules adopted by it, at least 30 days prior
33 to the expiration of the term of the employee member whose
-65- LRB9110328EGfg
1 term next expires, for the election of a successor for a term
2 of 3 2 years. Each employee member and his or her successor
3 shall be an employee who holds a position by certification
4 and appointment as a result of competitive civil service
5 examination as distinguished from temporary appointment, or
6 so holds a position which is not exempt from the classified
7 service or the personnel ordinance of a city that has adopted
8 a career service ordinance, for a period of not less than 5
9 years prior to date of election. At any such election, all
10 persons who are employees at the time such election is held
11 shall have a right to vote. The ballot shall be of secret
12 character.
13 (b) In each odd-numbered year, The board shall conduct a
14 regular election, under rules adopted by it, at least 30 days
15 prior to the expiration of the term of the annuitant member,
16 for the election of a successor for a term of 3 2 years.
17 Each annuitant member and his or her successor shall be a
18 former employee receiving a retirement (age and service or
19 prior service) annuity from the Fund. At any such election,
20 all persons who are receiving a retirement (age and service
21 or prior service) annuity from the Fund at the time the
22 election is held have a right to vote. The ballot shall be
23 of secret character.
24 (c) Any appointive or elective member of the board shall
25 hold office until his or her successor is elected and
26 qualified.
27 Any person elected or appointed as a member of the board
28 shall qualify for the office by taking an oath of office to
29 be administered by the city clerk or any person designated by
30 the city clerk. A copy thereof shall be kept in the office
31 of the city clerk.
32 Any appointment shall be in writing and the written
33 instrument shall be filed with the oath.
34 (Source: P.A. 90-766, eff. 8-14-98.)
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1 (40 ILCS 5/11-223) (from Ch. 108 1/2, par. 11-223)
2 Sec. 11-223. Annuities, etc., exempt.
3 (a) All annuities, refunds, pensions, and disability
4 benefits granted under this Article shall be exempt from
5 attachment or garnishment process and shall not be seized,
6 taken, subjected to, detained, or levied upon by virtue of
7 any judgment, or any process or proceeding whatsoever issued
8 out of or by any court in this State, for the payment and
9 satisfaction in whole or in part of any debt, damage, claim,
10 demand, or judgment against any annuitant, participant,
11 refund applicant, or other beneficiary hereunder.
12 No annuitant, refund applicant, or other beneficiary may
13 transfer or assign his annuity, refund, or disability benefit
14 or any part thereof by way of mortgage or otherwise, except
15 as provided in Section 11-223.1, and except in the case of
16 refunds, when a participant has pledged by assignment, power
17 of attorney, or otherwise, as security for a loan from a
18 legally operating credit union making loans only to
19 participants in certain public employee pension funds
20 described in the Illinois Pension Code, all or part of any
21 refund which may become payable to him in the event of his
22 separation from service. The board in its discretion may,
23 however, pay to the wife or to the unmarried child under 18
24 years of age of any annuitant, refund applicant, or
25 disability beneficiary, such an amount out of her husband's
26 annuity refund, or disability benefit as any court may order,
27 or such an amount as the board may consider necessary for the
28 support of his wife or children or both in the event of his
29 disappearance or unexplained absence or of his failure to
30 support such wife or children.
31 (b) The board may retain out of any future annuity,
32 refund, or disability benefit payments, such amount, or
33 amounts as it may require for the repayment of any moneys
34 paid to any annuitant, pensioner, refund applicant, or
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1 disability beneficiary through misrepresentation, fraud or
2 error. Any such action of the board shall relieve and
3 release the board and the fund from any liability for any
4 moneys so withheld.
5 (c) Whenever an annuity or disability benefit is payable
6 to a minor or to a person certified by a medical doctor
7 adjudged to be under legal disability, the board, in its
8 discretion and when it is in to the best interest of the
9 person concerned, may waive guardianship or conservatorship
10 proceedings and pay the annuity or benefit to the person
11 providing or caring for the minor or and to the wife, parent
12 or blood relative providing or caring for the person under
13 legal disability.
14 In the event that a person certified by a medical doctor
15 to be under legal disability (i) has no spouse, blood
16 relative, or other person providing or caring for him or
17 her, (ii) has no guardian of his or her estate, and (iii) is
18 confined to a Medicare approved, State certified nursing home
19 or to a publicly owned and operated nursing home, hospital,
20 or mental institution, the Board may pay any benefit due that
21 person to the nursing home, hospital, or mental institution,
22 to be used for the sole benefit of the person under legal
23 disability.
24 Payment in accordance with this subsection to a person,
25 nursing home, hospital, or mental institution for the benefit
26 of a minor or person under legal disability shall be an
27 absolute discharge of the Fund's liability with respect to
28 the amount so paid. Any person, nursing home, hospital, or
29 mental institution accepting payment under this subsection
30 shall notify the Fund of the death or any other relevant
31 change in the status of the minor or person under legal
32 disability.
33 (d) Whenever an annuitant, applicant for refund or
34 disability beneficiary disappears and his whereabouts are
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1 unknown, and it cannot be ascertained that he is alive, there
2 shall be paid to his wife or children or both such amount as
3 will not be in excess of the amount payable to them in the
4 event such annuitant, applicant for refund or disability
5 beneficiary had died on the date of disappearance. If he
6 returns, or upon satisfactory proof of his being alive, the
7 amount theretofore paid to such beneficiaries shall be
8 charged against any moneys payable to him under this Article
9 as though such payment to such beneficiaries had been an
10 allowance to them out of the moneys payable to the employee
11 as an annuitant, applicant for refund or disability
12 beneficiary.
13 (Source: P.A. 83-706.)
14 Section 98. The State Mandates Act is amended by adding
15 Section 8.24 as follows:
16 (30 ILCS 805/8.24 new)
17 Sec. 8.24. Exempt mandate. Notwithstanding Sections 6
18 and 8 of this Act, no reimbursement by the State is required
19 for the implementation of any mandate created by this
20 amendatory Act of the 91st General Assembly.
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.