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91_HB4193
LRB9110332EGfgA
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 3-110.6, 5-236, 7-139.8, 9-121.10,
6 14-103.05, 14-103.12, 14-104, 14-107, 14-110, 14-111, 14-118,
7 14-120, 14-128 and 14-130 and adding Sections 14-104.13 and
8 15-134.6 as follows:
9 (40 ILCS 5/3-110.6) (from Ch. 108 1/2, par. 3-110.6)
10 Sec. 3-110.6. Transfer to Article 14 System.
11 (a) Any active member of the State Employees' Retirement
12 System who is employed in a position for which he or she
13 earns eligible creditable service as defined in Section
14 14-110 of this Code an investigator for the Office of the
15 State's Attorneys Appellate Prosecutor or a controlled
16 substance inspector may apply for transfer of all or a
17 portion of his or her creditable service accumulated in any
18 police pension fund under this Article to the State
19 Employees' Retirement System in accordance with Section
20 14-110. The creditable service shall be transferred only
21 upon payment by the police pension fund to the State
22 Employees' Retirement System of an amount equal to:
23 (1) the amounts accumulated to the credit of the
24 applicant on the books of the fund for the service to be
25 transferred on the date of transfer; and
26 (2) employer contributions in an amount equal to
27 the amount determined under item subparagraph (1); and
28 (3) any interest paid by the applicant in order to
29 reinstate that service.
30 Participation in the police pension fund with resect to the
31 service transferred shall terminate on the date of transfer.
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1 (b) Any person transferring service under subsection (a)
2 such investigator or inspector may reinstate service which
3 was terminated by receipt of a refund, by paying to the
4 police pension fund the amount of the refund with interest
5 thereon at the rate of 6% per year, compounded annually, from
6 the date of refund to the date of payment.
7 (Source: P.A. 90-32, eff. 6-27-97.)
8 (40 ILCS 5/5-236) (from Ch. 108 1/2, par. 5-236)
9 Sec. 5-236. Transfer to Article 14.
10 (a) Until January 31, 1994, Any active member of the
11 State Employees' Retirement System who is employed in a
12 position for which he or she earns eligible creditable
13 service as defined in Section 14-110 of this Code a State
14 policeman or investigator for the Secretary of State may
15 apply for transfer of all or a portion of his or her
16 creditable service accumulated under this Article to the
17 State Employees' Retirement System in accordance with Section
18 14-110. At the time of the transfer the Fund shall pay to
19 the State Employees' Retirement System an amount equal to:
20 (1) the amounts accumulated to the credit of the
21 applicant on the books of the Fund for the service to be
22 transferred on the date of transfer; and
23 (2) the corresponding municipality credits,
24 including interest, on the books of the Fund on the date
25 of transfer; and
26 (3) any interest paid by the applicant in order to
27 reinstate that service.
28 Participation in this Fund with respect to the service
29 transferred shall terminate on the date of transfer.
30 (b) Until January 31, 1994, Any person transferring
31 service under subsection (a) such State policeman or
32 investigator for the Secretary of State may reinstate service
33 that was terminated by receipt of a refund, by paying to the
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1 Fund the amount of the refund with interest thereon at the
2 rate of 6% per year, compounded annually, from the date of
3 refund to the date of payment.
4 (c) Within 30 days after the effective date of this
5 amendatory Act of 1993, any active member of the State
6 Employees' Retirement System who was earning eligible
7 creditable service under subdivision (b)(12) of Section
8 14-110 on January 1, 1992 and who has at least 17 years of
9 creditable service under this Article may apply for transfer
10 of his creditable service accumulated under this Article to
11 the State Employees' Retirement System. At the time of the
12 transfer the Fund shall pay to the State Employees'
13 Retirement System an amount equal to:
14 (1) the amounts accumulated to the credit of the
15 applicant on the books of the Fund on the date of
16 transfer; and
17 (2) the corresponding municipality credits,
18 including interest, on the books of the Fund on the date
19 of transfer.
20 Participation in this Fund shall terminate on the date of
21 transfer.
22 (Source: P.A. 86-1488; 87-1265.)
23 (40 ILCS 5/7-139.8) (from Ch. 108 1/2, par. 7-139.8)
24 Sec. 7-139.8. Transfer to Article 14 System.
25 (a) Any active member of the State Employees' Retirement
26 System who is employed in a position for which he or she
27 earns eligible creditable service as defined in Section
28 14-110 of this Code an investigator for the Office of the
29 State's Attorneys Appellate Prosecutor or a controlled
30 substance inspector may apply for transfer of all or a
31 portion of his or her credits and creditable service
32 accumulated in this Fund for service as a sheriff's law
33 enforcement employee to the State Employees' Retirement
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1 System in accordance with Section 14-110. The creditable
2 service shall be transferred only upon payment by this Fund
3 to the State Employees' Retirement System of an amount equal
4 to:
5 (1) the amounts accumulated to the credit of the
6 applicant for the service to be transferred as a
7 sheriff's law enforcement employee, including interest;
8 and
9 (2) municipality credits based on such service,
10 including interest; and
11 (3) any interest paid by the applicant to reinstate
12 such service.
13 Participation in this Fund as to any credits transferred
14 under this Section shall terminate on the date of transfer.
15 (b) Any person transferring service under subsection (a)
16 such investigator or inspector may reinstate credits and
17 creditable service terminated upon receipt of a separation
18 benefit, by paying to the Fund the amount of the separation
19 benefit plus interest thereon at the rate of 6% per year to
20 the date of payment.
21 (Source: P.A. 90-32, eff. 6-27-97.)
22 (40 ILCS 5/9-121.10) (from Ch. 108 1/2, par. 9-121.10)
23 Sec. 9-121.10. Transfer to Article 14.
24 (a) Until July 1, 1993, Any active member of the State
25 Employees' Retirement System who is employed in a position
26 for which he or she earns eligible creditable service as
27 defined in Section 14-110 of this Code a State policeman may
28 apply for transfer of some or all of his or her creditable
29 service as a member of the County Police Department
30 accumulated under this Article to the State Employees'
31 Retirement System in accordance with Section 14-110. At the
32 time of the transfer the Fund shall pay to the State
33 Employees' Retirement System an amount equal to:
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1 (1) the amounts accumulated to the credit of the
2 applicant on the books of the Fund on the date of
3 transfer for the service to be transferred; and
4 (2) the corresponding municipality credits,
5 including interest, on the books of the Fund on the date
6 of transfer; and
7 (3) any interest paid by the applicant in order to
8 reinstate such service.
9 Participation in this Fund with respect to the credits
10 transferred shall terminate on the date of transfer.
11 (b) Until July 1, 1993, Any person transferring service
12 under subsection (a) such State policeman may reinstate
13 credit for service as a member of the County Police
14 Department that was terminated by receipt of a refund, by
15 paying to the Fund the amount of the refund with interest
16 thereon at the rate of 6% per year, compounded annually, from
17 the date of refund to the date of payment.
18 (Source: P.A. 87-1265.)
19 (40 ILCS 5/14-103.05) (from Ch. 108 1/2, par. 14-103.05)
20 Sec. 14-103.05. Employee.
21 (a) Any person employed by a Department who receives
22 salary for personal services rendered to the Department on a
23 warrant issued pursuant to a payroll voucher certified by a
24 Department and drawn by the State Comptroller upon the State
25 Treasurer, including an elected official described in
26 subparagraph (d) of Section 14-104, shall become an employee
27 for purpose of membership in the Retirement System on the
28 first day of such employment.
29 A person entering service on or after January 1, 1972 and
30 prior to January 1, 1984 shall become a member as a condition
31 of employment and shall begin making contributions as of the
32 first day of employment.
33 A person entering service on or after January 1, 1984
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1 shall, upon completion of 6 months of continuous service
2 which is not interrupted by a break of more than 2 months,
3 become a member as a condition of employment. Contributions
4 shall begin the first of the month after completion of the
5 qualifying period.
6 The qualifying period of 6 months of service is not
7 applicable to: (1) a person who has been granted credit for
8 service in a position covered by the State Universities
9 Retirement System, the Teachers' Retirement System of the
10 State of Illinois, the General Assembly Retirement System, or
11 the Judges Retirement System of Illinois unless that service
12 has been forfeited under the laws of those systems; (2) a
13 person entering service on or after July 1, 1991 in a
14 noncovered position; or (3) a person to whom Section
15 14-108.2a or 14-108.2b applies.
16 (b) The term "employee" does not include the following:
17 (1) members of the State Legislature, and persons
18 electing to become members of the General Assembly
19 Retirement System pursuant to Section 2-105;
20 (2) incumbents of offices normally filled by vote
21 of the people;
22 (3) except as otherwise provided in this Section,
23 any person appointed by the Governor with the advice and
24 consent of the Senate unless that person elects to
25 participate in this system;
26 (4) except as provided in Section 14-108.2, any
27 person who is covered or eligible to be covered by the
28 Teachers' Retirement System of the State of Illinois, the
29 State Universities Retirement System, or the Judges
30 Retirement System of Illinois;
31 (5) an employee of a municipality or any other
32 political subdivision of the State;
33 (6) any person who becomes an employee after June
34 30, 1979 as a public service employment program
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1 participant under the Federal Comprehensive Employment
2 and Training Act and whose wages or fringe benefits are
3 paid in whole or in part by funds provided under such
4 Act;
5 (7) enrollees of the Illinois Young Adult
6 Conservation Corps program, administered by the
7 Department of Natural Resources, authorized grantee
8 pursuant to Title VIII of the "Comprehensive Employment
9 and Training Act of 1973", 29 USC 993, as now or
10 hereafter amended;
11 (8) enrollees and temporary staff of programs
12 administered by the Department of Natural Resources under
13 the Youth Conservation Corps Act of 1970;
14 (9) any person who is a member of any professional
15 licensing or disciplinary board created under an Act
16 administered by the Department of Professional Regulation
17 or a successor agency or created or re-created after the
18 effective date of this amendatory Act of 1997, and who
19 receives per diem compensation rather than a salary,
20 notwithstanding that such per diem compensation is paid
21 by warrant issued pursuant to a payroll voucher; such
22 persons have never been included in the membership of
23 this System, and this amendatory Act of 1987 (P.A.
24 84-1472) is not intended to effect any change in the
25 status of such persons;
26 (10) any person who is a member of the Illinois
27 Health Care Cost Containment Council, and receives per
28 diem compensation rather than a salary, notwithstanding
29 that such per diem compensation is paid by warrant issued
30 pursuant to a payroll voucher; such persons have never
31 been included in the membership of this System, and this
32 amendatory Act of 1987 is not intended to effect any
33 change in the status of such persons; or
34 (11) any person who is a member of the Oil and Gas
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1 Board created by Section 1.2 of the Illinois Oil and Gas
2 Act, and receives per diem compensation rather than a
3 salary, notwithstanding that such per diem compensation
4 is paid by warrant issued pursuant to a payroll voucher.
5 (c) An individual who is employed on a full-time basis
6 as an officer or employee of a statewide labor organization
7 that represents members of this System may participate in the
8 System and shall be deemed an employee, provided that (1) the
9 individual has previously earned creditable service under
10 this Article, (2) the individual files with the System an
11 irrevocable election to become a participant, and (3) the
12 individual does not receive credit for that employment under
13 any other provision of this Code. An employee under this
14 subsection (c) is responsible for paying to the System both
15 (i) employee contributions based on the actual compensation
16 received for service with the labor organization and (ii)
17 employer contributions based on the percentage of payroll
18 certified by the board; all or any part of these
19 contributions may be paid on the employee's behalf or picked
20 up for tax purposes (if authorized under federal law) by the
21 labor organization.
22 A person who is an employee as defined in this subsection
23 may establish service credit for similar employment prior to
24 becoming an employee under this subsection by paying to the
25 System for that employment the contributions specified in
26 this subsection, plus interest at the effective rate from the
27 date of service to the date of payment. However, credit
28 shall not be granted under this subsection for any such prior
29 employment for which the applicant received credit under any
30 other provision of this Code, or during which the applicant
31 was on a leave of absence.
32 (Source: P.A. 89-246; eff. 8-4-95; 89-445, eff. 2-7-96;
33 90-448, eff. 8-16-97.)
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1 (40 ILCS 5/14-103.12) (from Ch. 108 1/2, par. 14-103.12)
2 Sec. 14-103.12. Final average compensation.
3 (a) For retirement and survivor annuities, "final
4 average compensation" means the monthly compensation obtained
5 by dividing the total compensation of an employee during the
6 period of: (1) the 48 consecutive months of service within
7 the last 120 months of service in which the total
8 compensation was the highest, or (2) the total period of
9 service, if less than 48 months, by the number of months of
10 service in such period; provided that for purposes of a
11 retirement annuity the average compensation for the last 12
12 months of the 48-month period shall not exceed the final
13 average compensation by more than 25%.
14 (b) For death and disability benefits, in the case of a
15 full-time employee, "final average compensation" means the
16 greater of (1) the rate of compensation of the employee at
17 the date of death or disability multiplied by 1 in the case
18 of a salaried employee, by 174 in the case of an hourly
19 employee, and by 22 in the case of a per diem employee, or
20 (2) for benefits commencing on or after January 1, 1991,
21 final average compensation as determined under subsection
22 (a).
23 For purposes of this paragraph, full or part-time status
24 shall be certified by the employing agency. Final rate of
25 compensation for a part-time employee shall be the total
26 compensation earned during the last full calendar month prior
27 to the date of death or disability.
28 (c) Notwithstanding the provisions of subsection (a),
29 for the purpose of calculating retirement and survivor
30 annuities of persons with at least 20 years of eligible
31 creditable service as defined in Section 14-110, "final
32 average compensation" means the monthly rate of compensation
33 received by the person on the last day of eligible creditable
34 service (but not to exceed 115% of the average monthly
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1 compensation received by the person for the last 24 months of
2 service, unless the person was in service as a State
3 policeman before the effective date of this amendatory Act of
4 1997), or the average monthly compensation received by the
5 person for the last 48 months of service prior to retirement,
6 whichever is greater.
7 (c-1) This subsection applies only to a person (i) who
8 returns to service after retirement and is in service on or
9 after the effective date of this amendatory Act of the 91st
10 General Assembly, (ii) who earns, during that return to
11 service, service credit in excess of that needed for the
12 maximum retirement annuity, and (iii) for whom the weighted
13 final average compensation defined in this subsection is
14 greater than the final average compensation otherwise
15 determined under this Section.
16 For a person to whom this subsection applies, the System
17 shall calculate both a separate final average compensation
18 for the service credit earned during the return to service
19 and a weighted final average compensation.
20 The weighted final average compensation shall be
21 determined using the following formulas:
22 WFAC = (NSP x SFAC) + (OSP x OFAC)
23 NSP = NA / 75
24 OSP = (75 - NA) / 75
25 In these formulas:
26 WFAC means weighted final average compensation;
27 SFAC means the separate final average compensation
28 calculated for the service credit earned during the
29 return to service;
30 OFAC means the old final average compensation used to
31 determine the previous retirement annuity;
32 NSP is the portion of WFAC derived from new service;
33 OSP is the portion of WFAC derived from old service; and
34 NA is the new accrual, equal to the amount of service
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1 credit earned during the return to service
2 multiplied by the applicable percentage accrual rate
3 for that service, and then multiplied by 100.
4 (d) Notwithstanding the provisions of subsection (a),
5 for a person who was receiving, on the date of retirement or
6 death, a disability benefit calculated under subdivision
7 (b)(2) of this Section, the final average compensation used
8 to calculate the disability benefit may be used for purposes
9 of calculating the retirement and survivor annuities.
10 (e) In computing the final average compensation, periods
11 of military leave shall not be considered.
12 (f) The changes to this Section made by this amendatory
13 Act of 1997 (redefining final average compensation for
14 members under the alternative formula) apply to members who
15 retire on or after January 1, 1998, without regard to whether
16 employment terminated before the effective date of this
17 amendatory Act of 1997.
18 (Source: P.A. 90-65, eff. 7-7-97.)
19 (40 ILCS 5/14-104) (from Ch. 108 1/2, par. 14-104)
20 Sec. 14-104. Service for which contributions are
21 permitted. Creditable service shall be granted under this
22 Section for the types of service specified, upon application
23 in writing and payment of the contributions provided for in
24 this Section covering shall cover the period of service to be
25 granted. Except as otherwise provided in this Section, the
26 contributions shall be based upon the applicant's employee's
27 compensation and contribution rate in effect on the date he
28 or she last became a member of the System; provided that for
29 all employment prior to January 1, 1969, the contribution
30 rate shall be that in effect for a noncovered employee on the
31 date he last became a member of the System. Except as
32 otherwise provided in this Section, contributions permitted
33 under this Section shall include regular interest from the
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1 date the applicant an employee last became a member of the
2 System to the date of payment.
3 These contributions must be paid in full before
4 retirement either in a lump sum or in installment payments in
5 accordance with such rules as may be adopted by the board.
6 (a) Any member may make contributions as required in
7 this Section for any period of service, subsequent to the
8 date of establishment, but prior to the date of membership.
9 (b) Any member employee who had been previously excluded
10 from membership because of age at entry and subsequently
11 became eligible may elect to make contributions as required
12 in this Section for the period of service during which the
13 member he was ineligible.
14 (c) An employee of the Department of Insurance who,
15 after January 1, 1944 but prior to becoming eligible for
16 membership, received salary from funds of insurance companies
17 in the process of rehabilitation, liquidation, conservation
18 or dissolution, may elect to make contributions as required
19 in this Section for such service.
20 (d) Any member employee who rendered service in a State
21 office to which he or she was elected, or rendered service in
22 the elective office of Clerk of the Appellate Court prior to
23 the date he or she became a member, may make contributions
24 for such service as required in this Section. Any member who
25 served by appointment of the Governor under the Civil
26 Administrative Code of Illinois and did not participate in
27 this System may make contributions as required in this
28 Section for such service.
29 (e) Any person employed by the United States government
30 or any instrumentality or agency thereof from January 1, 1942
31 through November 15, 1946 as the result of a transfer from
32 State service by executive order of the President of the
33 United States shall be entitled to prior service credit
34 covering the period from January 1, 1942 through December 31,
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1 1943 as provided for in this Article and to membership
2 service credit for the period from January 1, 1944 through
3 November 15, 1946 by making the contributions required in
4 this Section. A person so employed on January 1, 1944 but
5 whose employment began after January 1, 1942 may qualify for
6 prior service and membership service credit under the same
7 conditions.
8 (f) An employee of the Department of Labor of the State
9 of Illinois who performed services for and under the
10 supervision of that Department prior to January 1, 1944 but
11 who was compensated for those services directly by federal
12 funds and not by a warrant of the Auditor of Public Accounts
13 paid by the State Treasurer may establish credit for such
14 employment by making the contributions required in this
15 Section. An employee of the Department of Agriculture of the
16 State of Illinois, who performed services for and under the
17 supervision of that Department prior to June 1, 1963, but was
18 compensated for those services directly by federal funds and
19 not paid by a warrant of the Auditor of Public Accounts paid
20 by the State Treasurer, and who did not contribute to any
21 other public employee retirement system for such service, may
22 establish credit for such employment by making the
23 contributions required in this Section.
24 (g) Any employee who executed a waiver of membership
25 within 60 days prior to January 1, 1944 may, at any time
26 while in the service of a department, file with the board a
27 rescission of such waiver. Upon making the contributions
28 required by this Section, the member shall be granted the
29 creditable service that would have been received if the
30 waiver had not been executed.
31 (h) Until May 1, 1990, an employee who was employed on a
32 full-time basis by a regional planning commission for at
33 least 5 continuous years may establish creditable service for
34 such employment by making the contributions required under
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1 this Section, provided that any credits earned by the
2 employee in the commission's retirement plan have been
3 terminated.
4 (i) Any person who rendered full time contractual
5 services to the General Assembly as a member of a legislative
6 staff may establish service credit for up to 8 years of such
7 services by making the contributions required under this
8 Section, provided that application therefor is made not later
9 than July 1, 1991.
10 (j) By paying the contributions otherwise required under
11 this Section, plus an amount determined by the Board to be
12 equal to the employer's normal cost of the benefit plus
13 interest, a member an employee may establish service credit
14 for a period of up to 2 years spent in active military
15 service for which he or she does not qualify for credit under
16 Section 14-105, provided that (1) the member he was not
17 dishonorably discharged from such military service, and (2)
18 the amount of service credit established by the a member
19 under this subsection (j), when added to the amount of
20 military service credit granted to the member under
21 subsection (b) of Section 14-105, shall not exceed 5 years.
22 (k) A member An employee who was employed on a full-time
23 basis by the Illinois State's Attorneys Association Statewide
24 Appellate Assistance Service LEAA-ILEC grant project prior to
25 the time that project became the State's Attorneys Appellate
26 Service Commission, now the Office of the State's Attorneys
27 Appellate Prosecutor, an agency of State government, may
28 establish creditable service for not more than 60 months
29 service for such employment by making contributions required
30 under this Section.
31 (l) By paying the contributions otherwise required under
32 this Section, plus an amount determined by the Board to be
33 equal to the employer's normal cost of the benefit plus
34 interest, a member may establish service credit for periods
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1 of less than one year spent on authorized leave of absence
2 from service, provided that (1) the period of leave began on
3 or after January 1, 1982 and (2) any credit established by
4 the member for the period of leave in any other public
5 employee retirement system has been terminated. A member may
6 establish service credit under this subsection for more than
7 one period of authorized leave, and in that case the total
8 period of service credit established by the member under this
9 subsection may exceed one year. In determining the
10 contributions required for establishing service credit under
11 this subsection, the interest shall be calculated from the
12 beginning of the leave of absence to the date of payment.
13 (m) Any person who rendered contractual services to a
14 member of the General Assembly as a worker in the member's
15 district office may establish creditable service for up to 3
16 years of those contractual services by making the
17 contributions required under this Section. The System shall
18 determine a full-time salary equivalent for the purpose of
19 calculating the required contribution. To establish credit
20 under this subsection, the applicant must apply to the System
21 by March 1, 1998.
22 (n) Any person who rendered contractual services to a
23 member of the General Assembly as a worker providing
24 constituent services to persons in the member's district may
25 establish creditable service for up to 8 years of those
26 contractual services by making the contributions required
27 under this Section. The System shall determine a full-time
28 salary equivalent for the purpose of calculating the required
29 contribution. To establish credit under this subsection, the
30 applicant must apply to the System by March 1, 1998.
31 (o) A member who participated in the Illinois
32 Legislative Staff Internship Program may establish creditable
33 service for up to one year of that participation by making
34 the contribution required under this Section. The System
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1 shall determine a full-time salary equivalent for the purpose
2 of calculating the required contribution. Credit may not be
3 established under this subsection for any period for which
4 service credit is established under any other provision of
5 this Code.
6 (p) By paying the contributions otherwise required under
7 this Section, plus an amount determined by the Board to be
8 equal to the employer's normal cost of the benefit plus
9 interest, a member who participated in the Graduate Public
10 Service Internship Program or the Secretary of State's Ira S.
11 Loeb Fellowship Program (formerly known as the One-Year
12 Fellowship Program) may establish creditable service for up
13 to one year of that participation. The System shall
14 determine a full-time salary equivalent for the purpose of
15 calculating the required contributions. Credit may not be
16 established under this subsection for any period for which
17 service credit is established under any other provision of
18 this Code.
19 (Source: P.A. 90-32, eff. 6-27-97; 90-448, eff. 8-16-97;
20 90-511, eff. 8-22-97; 90-655, eff. 7-30-98; 90-766, eff.
21 8-14-98.)
22 (40 ILCS 5/14-104.13 new)
23 Sec. 14-104.13. Credit for employment with the Illinois
24 Sports Facilities Authority Board.
25 (a) A person who has service credit in the System and
26 has not yet begun to receive a retirement annuity may
27 establish service credit in this System for periods before
28 the effective date of this Section during which he or she was
29 employed by the Illinois Sports Facilities Authority Board or
30 its predecessor entities, provided that the person does not
31 have credit for those periods in any other public employee
32 pension fund or retirement system and has terminated
33 participation with respect to those periods of employment in
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1 any pension or retirement program established by the
2 Authority or its predecessor entities. A person need not
3 establish credit for all such periods and may not establish
4 more than 10 years of service credit under this subsection.
5 The credit established shall be deemed to relate to the
6 earliest period for which the credit may be established.
7 In order to establish this credit, the person must apply
8 in writing to the Board and pay to the System an amount equal
9 to the sum of: (i) employee contributions based upon the
10 period of credit to be established, the employee contribution
11 rate in effect at the time of application, and the
12 applicant's salary rate on the last day of service in the
13 System before his or her employment with the Authority, or
14 the first day of service in the System after that employment,
15 whichever is higher; (ii) the employer's normal cost of the
16 benefits accrued for the credit being established, as
17 determined by the Board; and (iii) regular interest on items
18 (i) and (ii) from the date of the service for which credit is
19 being established to the date of payment. The applicant must
20 pay the required contribution to the System before the
21 retirement annuity begins.
22 (b) A person wishing to establish service credit under
23 subsection (a) may reinstate creditable service terminated
24 upon receipt of a refund in accordance with the provisions of
25 Section 14-130(b).
26 (c) An eligible person may establish service credit
27 under subsection (a) without returning to active service as
28 an employee under this Article, but the required
29 contributions must be received by the System before the
30 person begins to receive a retirement annuity under this
31 Article.
32 (40 ILCS 5/14-107) (from Ch. 108 1/2, par. 14-107)
33 Sec. 14-107. Retirement annuity - service and age -
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1 conditions.
2 (a) A member is entitled to a retirement annuity after
3 having at least 8 years of creditable service. A member who
4 has at least 35 years of creditable service may claim his or
5 her retirement annuity at any age. A member having at least
6 8 years of creditable service but less than 35 may claim his
7 or her retirement annuity upon or after attainment of age 60.
8 A member upon or after attainment of age 55 having at least
9 30 years of creditable service may elect to receive the lower
10 retirement annuity provided in paragraph (c) of Section
11 14-108 of this Code.
12 (b) A member with at least 34 but less than 35 years of
13 creditable service who has reached the 75% maximum imposed
14 under subsection (d) of Section 14-108 shall be deemed to
15 have 35 years of creditable service for the purpose of (1)
16 qualifying for retirement at any age under subsection (a) of
17 this Section, (2) avoiding the early retirement reduction
18 under subsection (c) of Section 14-108, and (3) qualifying
19 for the automatic annual increase under subsection (a) of
20 Section 14-114.
21 (c) The retirement annuity allowance shall begin with
22 the first full calendar month specified in the member's
23 application therefor, the first day of which shall not be
24 before the date of withdrawal as approved by the board.
25 Regardless of the date of withdrawal, the retirement annuity
26 allowance need not begin within one year of application
27 therefor.
28 (Source: P.A. 82-342.)
29 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
30 Sec. 14-110. Alternative retirement annuity.
31 (a) Any member who has withdrawn from service with not
32 less than 20 years of eligible creditable service and has
33 attained age 55, and any member who has withdrawn from
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1 service with not less than 25 years of eligible creditable
2 service and has attained age 50, regardless of whether the
3 attainment of either of the specified ages occurs while the
4 member is still in service, shall be entitled to receive at
5 the option of the member, in lieu of the regular or minimum
6 retirement annuity, a retirement annuity computed as
7 follows:
8 (i) for periods of service as a noncovered
9 employee, 2 1/4% of final average compensation for each
10 of the first 10 years of creditable service, 2 1/2% for
11 each year above 10 years to and including 20 years of
12 creditable service, and 2 3/4% for each year of
13 creditable service above 20 years; and
14 (ii) for periods of eligible creditable service as
15 a covered employee, 1.67% of final average compensation
16 for each of the first 10 years of such service, 1.90% for
17 each of the next 10 years of such service, 2.10% for each
18 year of such service in excess of 20 but not exceeding
19 30, and 2.30% for each year in excess of 30.
20 Such annuity shall be subject to a maximum of 75% of
21 final average compensation. These rates shall not be
22 applicable to any service performed by a member as a covered
23 employee which is not eligible creditable service. Service
24 as a covered employee which is not eligible creditable
25 service shall be subject to the rates and provisions of
26 Section 14-108.
27 (b) For the purpose of this Section, "eligible
28 creditable service" means creditable service resulting from
29 service in one or more of the following positions:
30 (1) State policeman;
31 (2) fire fighter in the fire protection service of
32 a department;
33 (3) air pilot;
34 (4) special agent;
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1 (5) investigator for the Secretary of State;
2 (6) conservation police officer;
3 (7) investigator for the Department of Revenue;
4 (8) security employee of the Department of Human
5 Services;
6 (9) Central Management Services security police
7 officer;
8 (10) security employee of the Department of
9 Corrections;
10 (11) dangerous drugs investigator;
11 (12) investigator for the Department of State
12 Police;
13 (13) investigator for the Office of the Attorney
14 General;
15 (14) controlled substance inspector;
16 (15) investigator for the Office of the State's
17 Attorneys Appellate Prosecutor;
18 (16) Commerce Commission police officer;
19 (17) arson investigator.
20 A person employed in one of the positions specified in
21 this subsection is entitled to eligible creditable service
22 for service credit earned under this Article while undergoing
23 the basic police training course approved by the Illinois Law
24 Enforcement Training Standards Board, if completion of that
25 training is required of persons serving in that position.
26 For the purposes of this Code, service during the required
27 basic police training course shall be deemed performance of
28 the duties of the specified position, even though the person
29 is not a sworn peace officer at the time of the training.
30 (c) For the purposes of this Section:
31 (1) The term "state policeman" includes any title
32 or position in the Department of State Police that is
33 held by an individual employed under the State Police
34 Act.
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1 (2) The term "fire fighter in the fire protection
2 service of a department" includes all officers in such
3 fire protection service including fire chiefs and
4 assistant fire chiefs.
5 (3) The term "air pilot" includes any employee
6 whose official job description on file in the Department
7 of Central Management Services, or in the department by
8 which he is employed if that department is not covered by
9 the Personnel Code, states that his principal duty is the
10 operation of aircraft, and who possesses a pilot's
11 license; however, the change in this definition made by
12 this amendatory Act of 1983 shall not operate to exclude
13 any noncovered employee who was an "air pilot" for the
14 purposes of this Section on January 1, 1984.
15 (4) The term "special agent" means any person who
16 by reason of employment by the Division of Narcotic
17 Control, the Bureau of Investigation or, after July 1,
18 1977, the Division of Criminal Investigation, the
19 Division of Internal Investigation or any other Division
20 or organizational entity in the Department of State
21 Police is vested by law with duties to maintain public
22 order, investigate violations of the criminal law of this
23 State, enforce the laws of this State, make arrests and
24 recover property. The term "special agent" includes any
25 title or position in the Department of State Police that
26 is held by an individual employed under the State Police
27 Act.
28 (5) The term "investigator for the Secretary of
29 State" means any person employed by the Office of the
30 Secretary of State and vested with such investigative
31 duties as render him ineligible for coverage under the
32 Social Security Act by reason of Sections 218(d)(5)(A),
33 218(d)(8)(D) and 218(l)(1) of that Act.
34 A person who became employed as an investigator for
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1 the Secretary of State between January 1, 1967 and
2 December 31, 1975, and who has served as such until
3 attainment of age 60, either continuously or with a
4 single break in service of not more than 3 years
5 duration, which break terminated before January 1, 1976,
6 shall be entitled to have his retirement annuity
7 calculated in accordance with subsection (a),
8 notwithstanding that he has less than 20 years of credit
9 for such service.
10 (6) The term "Conservation Police Officer" means
11 any person employed by the Division of Law Enforcement of
12 the Department of Natural Resources and vested with such
13 law enforcement duties as render him ineligible for
14 coverage under the Social Security Act by reason of
15 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
16 that Act. The term "Conservation Police Officer"
17 includes the positions of Chief Conservation Police
18 Administrator and Assistant Conservation Police
19 Administrator.
20 (7) The term "investigator for the Department of
21 Revenue" means any person employed by the Department of
22 Revenue and vested with such investigative duties as
23 render him ineligible for coverage under the Social
24 Security Act by reason of Sections 218(d)(5)(A),
25 218(d)(8)(D) and 218(l)(1) of that Act.
26 (8) The term "security employee of the Department
27 of Human Services" means any person employed by the
28 Department of Human Services who is employed at the
29 Chester Mental Health Center and has daily contact with
30 the residents thereof, or who is a mental health police
31 officer. "Mental health police officer" means any person
32 employed by the Department of Human Services in a
33 position pertaining to the Department's mental health and
34 developmental disabilities functions who is vested with
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1 such law enforcement duties as render the person
2 ineligible for coverage under the Social Security Act by
3 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
4 218(l)(1) of that Act.
5 (9) "Central Management Services security police
6 officer" means any person employed by the Department of
7 Central Management Services who is vested with such law
8 enforcement duties as render him ineligible for coverage
9 under the Social Security Act by reason of Sections
10 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
11 (10) The term "security employee of the Department
12 of Corrections" means any employee of the Department of
13 Corrections or the former Department of Personnel, and
14 any member or employee of the Prisoner Review Board, who
15 has daily contact with inmates by working within a
16 correctional facility or who is a parole officer or an
17 employee who has direct contact with committed persons in
18 the performance of his or her job duties.
19 (11) The term "dangerous drugs investigator" means
20 any person who is employed as such by the Department of
21 Human Services.
22 (12) The term "investigator for the Department of
23 State Police" means a person employed by the Department
24 of State Police who is vested under Section 4 of the
25 Narcotic Control Division Abolition Act with such law
26 enforcement powers as render him ineligible for coverage
27 under the Social Security Act by reason of Sections
28 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
29 (13) "Investigator for the Office of the Attorney
30 General" means any person who is employed as such by the
31 Office of the Attorney General and is vested with such
32 investigative duties as render him ineligible for
33 coverage under the Social Security Act by reason of
34 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
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1 Act. For the period before January 1, 1989, the term
2 includes all persons who were employed as investigators
3 by the Office of the Attorney General, without regard to
4 social security status.
5 (14) "Controlled substance inspector" means any
6 person who is employed as such by the Department of
7 Professional Regulation and is vested with such law
8 enforcement duties as render him ineligible for coverage
9 under the Social Security Act by reason of Sections
10 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
11 The term "controlled substance inspector" includes the
12 Program Executive of Enforcement and the Assistant
13 Program Executive of Enforcement.
14 (15) The term "investigator for the Office of the
15 State's Attorneys Appellate Prosecutor" means a person
16 employed in that capacity on a full time basis under the
17 authority of Section 7.06 of the State's Attorneys
18 Appellate Prosecutor's Act.
19 (16) "Commerce Commission police officer" means any
20 person employed by the Illinois Commerce Commission who
21 is vested with such law enforcement duties as render him
22 ineligible for coverage under the Social Security Act by
23 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
24 218(l)(1) of that Act.
25 (17) "Arson investigator" means any person who is
26 employed as such by the Office of the State Fire Marshal
27 and is vested with such law enforcement duties as render
28 the person ineligible for coverage under the Social
29 Security Act by reason of Sections 218(d)(5)(A),
30 218(d)(8)(D), and 218(l)(1) of that Act. A person who
31 was employed as an arson investigator on January 1, 1995
32 and is no longer in service but not yet receiving a
33 retirement annuity may convert his or her creditable
34 service for employment as an arson investigator into
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1 eligible creditable service by paying to the System the
2 difference between the employee contributions actually
3 paid for that service and the amounts that would have
4 been contributed if the applicant were contributing at
5 the rate applicable to persons with the same social
6 security status earning eligible creditable service on
7 the date of application.
8 (d) A security employee of the Department of
9 Corrections, and a security employee of the Department of
10 Human Services who is not a mental health police officer,
11 shall not be eligible for the alternative retirement annuity
12 provided by this Section unless he or she meets the following
13 minimum age and service requirements at the time of
14 retirement:
15 (i) 25 years of eligible creditable service and age
16 55; or
17 (ii) beginning January 1, 1987, 25 years of
18 eligible creditable service and age 54, or 24 years of
19 eligible creditable service and age 55; or
20 (iii) beginning January 1, 1988, 25 years of
21 eligible creditable service and age 53, or 23 years of
22 eligible creditable service and age 55; or
23 (iv) beginning January 1, 1989, 25 years of
24 eligible creditable service and age 52, or 22 years of
25 eligible creditable service and age 55; or
26 (v) beginning January 1, 1990, 25 years of eligible
27 creditable service and age 51, or 21 years of eligible
28 creditable service and age 55; or
29 (vi) beginning January 1, 1991, 25 years of
30 eligible creditable service and age 50, or 20 years of
31 eligible creditable service and age 55.
32 Persons who have service credit under Article 16 of this
33 Code for service as a security employee of the Department of
34 Corrections in a position requiring certification as a
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1 teacher may count such service toward establishing their
2 eligibility under the service requirements of this Section;
3 but such service may be used only for establishing such
4 eligibility, and not for the purpose of increasing or
5 calculating any benefit.
6 (e) If a member enters military service while working in
7 a position in which eligible creditable service may be
8 earned, and returns to State service in the same or another
9 such position, and fulfills in all other respects the
10 conditions prescribed in this Article for credit for military
11 service, such military service shall be credited as eligible
12 creditable service for the purposes of the retirement annuity
13 prescribed in this Section.
14 (f) For purposes of calculating retirement annuities
15 under this Section, periods of service rendered after
16 December 31, 1968 and before October 1, 1975 as a covered
17 employee in the position of special agent, conservation
18 police officer, mental health police officer, or investigator
19 for the Secretary of State, shall be deemed to have been
20 service as a noncovered employee, provided that the employee
21 pays to the System prior to retirement an amount equal to (1)
22 the difference between the employee contributions that would
23 have been required for such service as a noncovered employee,
24 and the amount of employee contributions actually paid, plus
25 (2) if payment is made after July 31, 1987, regular interest
26 on the amount specified in item (1) from the date of service
27 to the date of payment.
28 For purposes of calculating retirement annuities under
29 this Section, periods of service rendered after December 31,
30 1968 and before January 1, 1982 as a covered employee in the
31 position of investigator for the Department of Revenue shall
32 be deemed to have been service as a noncovered employee,
33 provided that the employee pays to the System prior to
34 retirement an amount equal to (1) the difference between the
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1 employee contributions that would have been required for such
2 service as a noncovered employee, and the amount of employee
3 contributions actually paid, plus (2) if payment is made
4 after January 1, 1990, regular interest on the amount
5 specified in item (1) from the date of service to the date of
6 payment.
7 (g) Subject to the limitation in subsection (i), any
8 active member of the System who is employed in a position for
9 which he or she earns eligible creditable service may elect
10 to establish eligible creditable service for up to 12 years
11 of his or her service as a policeman under Article 3 or 5, a
12 sheriff's law enforcement employee under Article 7, a member
13 of the County Police Department under Article 9, or a police
14 officer under Article 15 by filing a written election with
15 the Board and paying to the System no later than the day of
16 withdrawal an amount to be determined by the System, equal to
17 (i) the difference between the amount of employee and
18 employer contributions transferred to the System under
19 Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.6 and
20 the amounts that would have been contributed had those
21 contributions been made at the rates applicable to persons
22 earning eligible creditable service, plus (ii) interest
23 thereon at the effective rate for each year, compounded
24 annually, from the date of service to the date of payment.
25 A State policeman may elect, not later than January 1,
26 1990, to establish eligible creditable service for up to 10
27 years of his service as a policeman under Article 3, by
28 filing a written election with the Board, accompanied by
29 payment of an amount to be determined by the Board, equal to
30 (i) the difference between the amount of employee and
31 employer contributions transferred to the System under
32 Section 3-110.5, and the amounts that would have been
33 contributed had such contributions been made at the rates
34 applicable to State policemen, plus (ii) interest thereon at
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1 the effective rate for each year, compounded annually, from
2 the date of service to the date of payment.
3 Subject to the limitation in subsection (i), a State
4 policeman may elect, not later than July 1, 1993, to
5 establish eligible creditable service for up to 10 years of
6 his service as a member of the County Police Department under
7 Article 9, by filing a written election with the Board,
8 accompanied by payment of an amount to be determined by the
9 Board, equal to (i) the difference between the amount of
10 employee and employer contributions transferred to the System
11 under Section 9-121.10 and the amounts that would have been
12 contributed had those contributions been made at the rates
13 applicable to State policemen, plus (ii) interest thereon at
14 the effective rate for each year, compounded annually, from
15 the date of service to the date of payment.
16 (h) Subject to the limitation in subsection (i) of this
17 Section, a State policeman may elect to establish eligible
18 creditable service for periods spent as a full-time law
19 enforcement officer employed by the Chicago Transit Authority
20 for which credit is not held in any other public employee
21 pension fund or retirement system. To obtain this credit,
22 the applicant must (1) irrevocably relinquish any credits
23 that the applicant may have for the relevant period in the
24 retirement system established under Section 22-101 of this
25 Code, (2) file a written application with the Board within 90
26 days after the effective date of this amendatory Act of the
27 91st General Assembly, accompanied by evidence of eligibility
28 acceptable to the Board, and (3) pay to the System before
29 retirement an amount to be determined by the Board, equal to
30 (i) employee contributions for the credit being established,
31 based upon the applicant's salary on the first day as a State
32 policeman after the employment for which credit is being
33 established and the rates then applicable to State policemen,
34 plus (ii) an amount determined by the Board to be the
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1 employer's normal cost of the benefits accrued for the credit
2 being established, plus (iii) regular interest on the amounts
3 in items (i) and (ii) from the first day as a State policeman
4 after the employment for which credit is being established to
5 the date of payment.
6 Subject to the limitation in subsection (i), a State
7 policeman or investigator for the Secretary of State may
8 elect to establish eligible creditable service for up to 12
9 years of his service as a policeman under Article 5, by
10 filing a written election with the Board on or before January
11 31, 1992, and paying to the System by January 31, 1994 an
12 amount to be determined by the Board, equal to (i) the
13 difference between the amount of employee and employer
14 contributions transferred to the System under Section 5-236,
15 and the amounts that would have been contributed had such
16 contributions been made at the rates applicable to State
17 policemen, plus (ii) interest thereon at the effective rate
18 for each year, compounded annually, from the date of service
19 to the date of payment.
20 Subject to the limitation in subsection (i), a State
21 policeman, conservation police officer, or investigator for
22 the Secretary of State may elect to establish eligible
23 creditable service for up to 10 years of service as a
24 sheriff's law enforcement employee under Article 7, by filing
25 a written election with the Board on or before January 31,
26 1993, and paying to the System by January 31, 1994 an amount
27 to be determined by the Board, equal to (i) the difference
28 between the amount of employee and employer contributions
29 transferred to the System under Section 7-139.7, and the
30 amounts that would have been contributed had such
31 contributions been made at the rates applicable to State
32 policemen, plus (ii) interest thereon at the effective rate
33 for each year, compounded annually, from the date of service
34 to the date of payment.
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1 (i) The total amount of eligible creditable service
2 established by any person under subsections (g), (h), (j),
3 (k), and (l) of this Section shall not exceed 12 years.
4 (j) (Blank). Subject to the limitation in subsection
5 (i), an investigator for the Office of the State's Attorneys
6 Appellate Prosecutor or a controlled substance inspector may
7 elect to establish eligible creditable service for up to 10
8 years of his service as a policeman under Article 3 or a
9 sheriff's law enforcement employee under Article 7, by filing
10 a written election with the Board, accompanied by payment of
11 an amount to be determined by the Board, equal to (1) the
12 difference between the amount of employee and employer
13 contributions transferred to the System under Section 3-110.6
14 or 7-139.8, and the amounts that would have been contributed
15 had such contributions been made at the rates applicable to
16 State policemen, plus (2) interest thereon at the effective
17 rate for each year, compounded annually, from the date of
18 service to the date of payment.
19 (k) Subject to the limitation in subsection (i) of this
20 Section, an alternative formula employee may elect to
21 establish eligible creditable service for periods spent as a
22 full-time law enforcement officer or full-time corrections
23 officer employed by the federal government or by a state or
24 local government located outside of Illinois, for which
25 credit is not held in any other public employee pension fund
26 or retirement system. To obtain this credit, the applicant
27 must file a written application with the Board by March 31,
28 1998, accompanied by evidence of eligibility acceptable to
29 the Board and payment of an amount to be determined by the
30 Board, equal to (1) employee contributions for the credit
31 being established, based upon the applicant's salary on the
32 first day as an alternative formula employee after the
33 employment for which credit is being established and the
34 rates then applicable to alternative formula employees, plus
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1 (2) an amount determined by the Board to be the employer's
2 normal cost of the benefits accrued for the credit being
3 established, plus (3) regular interest on the amounts in
4 items (1) and (2) from the first day as an alternative
5 formula employee after the employment for which credit is
6 being established to the date of payment.
7 (l) (Blank). Subject to the limitation in subsection
8 (i), a security employee of the Department of Corrections may
9 elect, not later than July 1, 1998, to establish eligible
10 creditable service for up to 10 years of his or her service
11 as a policeman under Article 3, by filing a written election
12 with the Board, accompanied by payment of an amount to be
13 determined by the Board, equal to (i) the difference between
14 the amount of employee and employer contributions transferred
15 to the System under Section 3-110.5, and the amounts that
16 would have been contributed had such contributions been made
17 at the rates applicable to security employees of the
18 Department of Corrections, plus (ii) interest thereon at the
19 effective rate for each year, compounded annually, from the
20 date of service to the date of payment.
21 (Source: P.A. 90-32, eff. 6-27-97; 91-357, eff. 7-29-99.)
22 (40 ILCS 5/14-111) (from Ch. 108 1/2, par. 14-111)
23 Sec. 14-111. Re-entry after retirement.
24 (a) An annuitant who re-enters the service of a
25 department and receives compensation on a regular payroll
26 shall receive no payments of the retirement annuity during
27 the time he is so employed, with the following exceptions:
28 (1) An annuitant who is employed by a department
29 while he or she is a continuing participant in the
30 General Assembly Retirement System under Sections 2-117.1
31 and 14-105.4 will not be considered to have made a
32 re-entry after retirement within the meaning of this
33 Section for the duration of such continuing
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1 participation. Any person who is a continuing
2 participant under Sections 2-117.1 and 14-105.4 on the
3 effective date of this amendatory Act of 1991 and whose
4 retirement annuity has been suspended under this Section
5 shall be entitled to receive from the System a sum equal
6 to the annuity payments that have been withheld under
7 this Section, and shall receive the benefit of this
8 amendment without regard to Section 1-103.1.
9 (2) An annuitant who accepts temporary employment
10 from such a department for a period not exceeding 75
11 working days in any calendar year is not considered to
12 make a re-entry after retirement within the meaning of
13 this Section. Any part of a day on temporary employment
14 is considered a full day of employment.
15 (b) If such person re-enters the service of a
16 department, not as a temporary employee, contributions to the
17 system shall begin as of the date of re-employment and
18 additional creditable service shall begin to accrue. He
19 shall assume the status of a member entitled to all rights
20 and privileges in the system, including death and disability
21 benefits, but excluding a refund of contributions except as
22 authorized in subsection (c).
23 Upon subsequent retirement, his retirement annuity shall
24 consist of:
25 (1) the amounts of the annuities terminated by
26 re-entry into service; and
27 (2) the amount of the additional retirement annuity
28 earned by the member during the period of additional
29 membership service, which shall not be subject to
30 reversionary annuity, if any.
31 The total retirement annuity shall not, however, exceed the
32 maximum applicable to the member at the time of original
33 retirement, except that in the case of a person to whom
34 subsection (c-1) of Section 14-103.12 applies, the maximum
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1 applicable to the total retirement annuity shall be
2 recalculated using the weighted final average compensation
3 defined in that subsection.
4 In the computation of any such retirement annuity, the
5 time that the member was on retirement shall not interrupt
6 the continuity of service for the computation of final
7 average compensation, and the additional membership service
8 shall be considered, together with service rendered before
9 the previous retirement, in establishing final average
10 compensation.
11 (c) A person who returns to service after retirement may
12 elect, upon subsequent retirement, to receive a refund of
13 employee contributions made during the return to service,
14 without interest, in lieu of the additional retirement
15 annuity provided under item (2) of subsection (b).
16 (d) A person who re-enters the service of a department
17 within 3 years after retiring may qualify to have the
18 retirement annuity computed as though the member had not
19 previously retired by paying to the System, within 5 years
20 after re-entry and prior to subsequent retirement, in a lump
21 sum or in installment payments in accordance with such rules
22 as may be adopted by the Board, an amount equal to all
23 retirement payments received, including any payments received
24 in accordance with subsection (c) or (d) of Section 14-130,
25 plus regular interest from the date retirement payments were
26 suspended to the date of repayment.
27 (Source: P.A. 86-1488; 87-794.)
28 (40 ILCS 5/14-118) (from Ch. 108 1/2, par. 14-118)
29 Sec. 14-118. Widow's annuity - Conditions for payment.
30 A widow who exercises the right of election to receive an
31 annuity pursuant to this Section is entitled to a lump sum
32 payment of $500 plus a widow's annuity, if:
33 (1) she was married to the deceased member:
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1 (i) in the case of a member who dies before
2 the effective date of this amendatory Act of the
3 91st General Assembly, for at least one 1 year prior
4 to his death or retirement, whichever first occurs,
5 and also on the day of the last termination of his
6 service as a State employee; or
7 (ii) in the case of a member who dies on or
8 after the effective date of this amendatory Act of
9 the 91st General Assembly, for at least one year
10 immediately prior to the date of death, regardless
11 of the date of withdrawal;
12 (2) the deceased member had at least 8 years of
13 creditable service if death occurred while in service, or
14 while on leave of absence from service, or while in
15 receipt of a nonoccupational disability or occupational
16 disability benefit, or after retirement;
17 (3) she was nominated exclusively to receive the
18 entire death benefit payable under this Article;
19 (4) death of the member occurred after withdrawal,
20 and he had fulfilled the prescribed age and service
21 conditions for establishing a right in a retirement
22 annuity; and
23 (5) she elected to receive the widow's annuity
24 within 6 months from the date of death of the employee,
25 otherwise the survivors annuity if applicable, shall be
26 payable.
27 If a widow's annuity beneficiary becomes entitled to a
28 survivors annuity and a widow's annuity, she shall elect to
29 receive only one of such annuities.
30 The surviving spouse of a person who (1) died on or after
31 January 1, 1985, (2) withdrew from service prior to August 1,
32 1953, (3) was receiving an annuity from the system at the
33 time of death, and (4) meets all other requirements of this
34 Section, shall be entitled to the benefits provided under
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1 this Section.
2 A widow's annuity shall be payable beginning on the first
3 of the month following the date of death of the member if the
4 widow has then attained age 50 or, if she is under age 50 on
5 such date, on the first of the month following her attainment
6 of such age; provided, that if an unmarried child or children
7 of the member under age 18 (or under age 22 if a full-time
8 student) also survive him, and the child or children are
9 under the care of the eligible widow, the widow's annuity
10 shall begin on the first of the month following the member's
11 death without regard to the age of the widow. If she is
12 under age 50 at the death of the member and she qualifies for
13 a widow's annuity, she is entitled to receive the lump sum
14 payment immediately upon application, but payment of the
15 widow's annuity shall be deferred as provided above.
16 The provision for a widow's annuity shall not be
17 construed to affect the payment of a reversionary annuity.
18 If a widow qualifies for more than one widow's annuity, or
19 for a widow's annuity and a survivors annuity, she shall
20 elect to receive only one of such annuities.
21 This Section shall not apply to the widow of any male
22 person who first became a member after July 19, 1961.
23 (Source: P.A. 90-448, eff. 8-16-97.)
24 (40 ILCS 5/14-120) (from Ch. 108 1/2, par. 14-120)
25 Sec. 14-120. Survivors annuities - Conditions for
26 payments. A survivors annuity is established for all members
27 of the System. Upon the death of any male person who was a
28 member on July 19, 1961, however, his widow may have the
29 option of receiving the widow's annuity provided in this
30 Article, in lieu of the survivors annuity.
31 (a) A survivors annuity beneficiary, as herein defined,
32 is eligible for a survivors annuity if the deceased member
33 had completed at least 1 1/2 years of contributing creditable
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1 service if death occurred:
2 (1) while in service;
3 (2) while on an approved or authorized leave of
4 absence from service, not exceeding one year
5 continuously; or
6 (3) while in receipt of a non-occupational
7 disability or an occupational disability benefit.
8 (b) If death of the member occurs after withdrawal, the
9 survivors annuity beneficiary is eligible for such annuity
10 only if the member had fulfilled at the date of withdrawal
11 the prescribed service conditions for establishing a right in
12 a retirement annuity.
13 (c) Payment of the survivors annuity shall begin
14 immediately if the beneficiary is 50 years or over, or upon
15 attainment of age 50 if the beneficiary is under that age at
16 the date of the member's death. In the case of survivors of a
17 member whose death occurred between November 1, 1970 and July
18 15, 1971, the payment of the survivors annuity shall begin
19 upon October 1, 1977, if the beneficiary is then 50 years of
20 age or older, or upon the attainment of age 50 if the
21 beneficiary is under that age on October 1, 1977.
22 If an eligible child or children, under the care of the
23 spouse also survive the member, the survivors annuity shall
24 begin immediately without regard to whether the beneficiary
25 has attained age 50.
26 Benefits under this Section shall accrue and be payable
27 for whole calendar months, beginning on the first day of the
28 month after the initiating event occurs and ending on the
29 last day of the month in which the terminating event occurs.
30 (d) A survivor annuity beneficiary means:
31 (1) A spouse of a member or annuitant if:
32 (i) in the case of a member or annuitant who
33 dies before the effective date of this amendatory
34 Act of the 91st General Assembly, the current
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1 marriage with the member or annuitant was in effect
2 for at least one year at the date of the member or
3 annuitant's death or withdrawal, whichever first
4 occurs; or
5 (ii) in the case of a member or annuitant who
6 dies on or after the effective date of this
7 amendatory Act of the 91st General Assembly, the
8 current marriage with the member or annuitant was in
9 effect for at least one year immediately prior to
10 the date of death, regardless of the date of
11 withdrawal.
12 (2) An unmarried child under age 18 (under age 22
13 if a full-time student) of the member or annuitant; an
14 unmarried stepchild under age 18 (under age 22 if a
15 full-time student) who has been such for at least one
16 year at the date of the member's death or at least one
17 year at the date of withdrawal, whichever first occurs;
18 an unmarried adopted child under age 18 (under age 22 if
19 a full-time student) if the adoption proceedings were
20 initiated at least one year prior to the death or
21 withdrawal of the member or annuitant, whichever first
22 occurs; and an unmarried child over age 18 if he or she
23 is dependent by reason of a physical or mental
24 disability, so long as the physical or mental disability
25 continues. For purposes of this subsection, disability
26 means inability to engage in any substantial gainful
27 activity by reason of any medically determinable physical
28 or mental impairment which can be expected to result in
29 death or which has lasted or can be expected to last for
30 a continuous period of not less than 12 months.
31 (3) A dependent parent of the member or annuitant;
32 a dependent step-parent by a marriage contracted before
33 the member or annuitant attained age 18; or a dependent
34 adopting parent by whom the member or annuitant was
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1 adopted before he or she attained age 18.
2 (e) Payment of a survivors annuity to a beneficiary
3 terminates upon: (1) remarriage before age 55 that occurs
4 before the effective date of this amendatory Act of the 91st
5 General Assembly or death, if the beneficiary is a spouse;
6 (2) marriage or death, if the beneficiary is a child; or (3)
7 remarriage before age 55 or death, if the beneficiary is a
8 parent. Remarriage of a prospective beneficiary prior to the
9 attainment of age 50 disqualifies the beneficiary for the
10 annuity expectancy hereunder, if the remarriage occurs before
11 the effective date of this amendatory Act of the 91st General
12 Assembly. Termination due to a marriage or remarriage shall
13 be permanent, regardless of any future changes in marital
14 status.
15 The substantive changes made to this subsection by this
16 amendatory Act of the 91st General Assembly (pertaining to
17 remarriage prior to age 55 or 50) apply without regard to
18 whether the deceased participant or annuitant was in service
19 on or after the effective date of this amendatory Act.
20 Any person whose survivors annuity was terminated during
21 1978 or 1979 due to remarriage at age 55 or over shall be
22 eligible to apply, not later than July 1, 1990, for a
23 resumption of that annuity, to begin on July 1, 1990.
24 (f) The term "dependent" relating to a survivors annuity
25 means a beneficiary of a survivors annuity who was receiving
26 from the member at the date of the member's death at least
27 1/2 of the support for maintenance including board, lodging,
28 medical care and like living costs.
29 (g) If there is no eligible spouse surviving the member,
30 or if a survivors annuity beneficiary includes a spouse who
31 dies or is disqualified by remarriage remarries, the annuity
32 is payable to an unmarried child or children. If at the date
33 of death of the member there is no spouse or unmarried child,
34 payments shall be made to a dependent parent or parents. If
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1 no eligible survivors annuity beneficiary survives the
2 member, the non-occupational death benefit is payable in the
3 manner provided in this Article.
4 (h) Survivor benefits do not affect any reversionary
5 annuity.
6 (i) If a survivors annuity beneficiary becomes entitled
7 to a widow's annuity or one or more survivors annuities or
8 both such annuities, the beneficiary shall elect to receive
9 only one of such annuities.
10 (j) Contributing creditable service under the State
11 Universities Retirement System and the Teachers' Retirement
12 System of the State of Illinois shall be considered in
13 determining whether the member has met the contributing
14 service requirements of this Section.
15 (k) In lieu of the Survivor's Annuity described in this
16 Section, the spouse of the member has the option to select
17 the Nonoccupational Death Benefit described in this Article,
18 provided the spouse is the sole survivor and the sole
19 nominated beneficiary of the member.
20 (l) The changes made to this Section and Sections
21 14-118, 14-119, and 14-128 by this amendatory Act of 1997,
22 relating to benefits for certain unmarried children who are
23 full-time students under age 22, apply without regard to
24 whether the deceased member was in service on or after the
25 effective date of this amendatory Act of 1997. These changes
26 do not authorize the repayment of a refund or a re-election
27 of benefits, and any benefit or increase in benefits
28 resulting from these changes is not payable retroactively for
29 any period before the effective date of this amendatory Act
30 of 1997.
31 (Source: P.A. 90-448, eff. 8-16-97; 91-357, eff. 7-29-99.)
32 (40 ILCS 5/14-128) (from Ch. 108 1/2, par. 14-128)
33 Sec. 14-128. Occupational death benefit. An
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1 occupational death benefit is provided for a member of the
2 System whose death, prior to retirement, is the proximate
3 result of bodily injuries sustained or a hazard undergone
4 while in the performance and within the scope of the member's
5 duties.
6 (a) Conditions for payment.
7 Exclusive of the lump sum payment provided for herein,
8 all annuities under this Section shall accrue and be payable
9 for complete calendar months, beginning on the first day of
10 the month next following the month in which the initiating
11 event occurs and ending on the last day of the month in which
12 the terminating event occurs.
13 The following named survivors of the member may be
14 eligible for an annuity under this Section:
15 (i) The member's spouse.
16 (ii) An unmarried child of the member under age 18
17 (under age 22 if a full-time student); an unmarried
18 stepchild under age 18 (under age 22 if a full-time
19 student) who has been such for at least one year at the
20 date of the member's death; an unmarried adopted child
21 under age 18 (under age 22 if a full-time student) if the
22 adoption proceedings were initiated at least one year
23 prior to the death of the member; and an unmarried child
24 over age 18 who is dependent by reason of a physical or
25 mental disability, for so long as such physical or mental
26 disability continues. For the purposes of this Section
27 disability means inability to engage in any substantial
28 gainful activity by reason of any medically determinable
29 physical or mental impairment which can be expected to
30 result in death or which has lasted or can be expected to
31 last for a continuous period of not less than 12 months.
32 (iii) If no spouse or eligible children survive: a
33 dependent parent of the member; a dependent step-parent
34 by a marriage contracted before the member attained age
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1 18; or a dependent adopting parent by whom the member was
2 adopted before he or she attained age 18.
3 The term "dependent" relating to an occupational death
4 benefit means a survivor of the member who was receiving from
5 the member at the date of the member's death at least 1/2 of
6 the support for maintenance including board, lodging, medical
7 care and like living costs.
8 Payment of the annuity shall continue until the
9 occurrence of the following:
10 (1) remarriage before age 55 that occurs before the
11 effective date of this amendatory Act of the 91st General
12 Assembly or death, in the case of a surviving spouse;
13 (2) attainment of age 18 or termination of
14 disability, death, or marriage, in the case of an
15 eligible child;
16 (3) remarriage before age 55 or death, in the case
17 of a dependent parent.
18 If none of the aforementioned beneficiaries is living at
19 the date of death of the member, no occupational death
20 benefit shall be payable, but the nonoccupational death
21 benefit shall be payable as provided in this Article.
22 The change made to this subsection by this amendatory Act
23 of the 91st General Assembly (pertaining to remarriage prior
24 to age 55) applies without regard to whether the deceased
25 member was in service on or after the effective date of this
26 amendatory Act.
27 (b) Amount of benefit.
28 The member's accumulated contributions plus credited
29 interest shall be payable in a lump sum to such person as the
30 member has nominated by written direction, duly acknowledged
31 and filed with the Board, or if no such nomination to the
32 estate of the member. When an annuitant is re-employed by a
33 Department, the accumulated contributions plus credited
34 interest payable on the member's account shall, if the member
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1 has not previously elected a reversionary annuity, consist of
2 the excess, if any, of the member's total accumulated
3 contributions plus credited interest for all creditable
4 service over the total amount of all retirement annuity
5 payments received by the member prior to death.
6 In addition to the foregoing payment, an annuity is
7 provided for eligible survivors as follows:
8 (1) If the survivor is a spouse only, the annuity
9 shall be 50% of the member's final average compensation.
10 (2) If the spouse has in his or her care an
11 eligible child or children, the annuity shall be
12 increased by an amount equal to 15% of the final average
13 compensation on account of each such child, subject to a
14 limitation on the combined annuities to a surviving
15 spouse and children of 75% of final average compensation.
16 (3) If there is no surviving spouse, or if the
17 surviving spouse dies or remarries while a child remains
18 eligible, then each such child shall be entitled to an
19 annuity of 15% of the deceased member's final average
20 compensation, subject to a limitation of 50% of final
21 average compensation to all such children.
22 (4) If there is no surviving spouse or eligible
23 children, then an annuity shall be payable to the
24 member's dependent parents, equal to 25% of final average
25 compensation to each such beneficiary.
26 If any annuity payable under this Section is less than
27 the corresponding survivors annuity, the beneficiary or
28 beneficiaries of the annuity under this Section may elect to
29 receive the survivors annuity and the nonoccupational death
30 benefit provided for in this Article in lieu of the annuity
31 provided under this Section.
32 (c) Occupational death claims pending adjudication by
33 the Industrial Commission or a ruling by the agency
34 responsible for determining the liability of the State under
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1 the "Workers' Compensation Act" or "Workers' Occupational
2 Diseases Act" shall be payable under Sections 14-120 and
3 14-121 the Survivor's Annuity Section of this Article until a
4 ruling or adjudication occurs, if the beneficiary or
5 beneficiaries: (1) meet all conditions for payment as
6 prescribed in this Article; and (2) execute an assignment of
7 benefits payable as a result of adjudication by the
8 Industrial Commission or a ruling by the agency responsible
9 for determining the liability of the State under such Acts.
10 The assignment shall be made to the System and shall be for
11 an amount equal to the excess of benefits paid under Sections
12 14-120 and 14-121 the Survivor's Annuity Section of this
13 Article over benefits payable as a result of adjudication of
14 the workers' compensation claim computed from the date of
15 death of the member.
16 (d) Every occupational death annuity payable under this
17 Section shall be increased on each January 1 occurring on or
18 after (i) January 1, 1990, or (ii) the first anniversary of
19 the commencement of the annuity, whichever occurs later, by
20 an amount equal to 3% of the current amount of the annuity,
21 including any previous increases under this Article, without
22 regard to whether the deceased member was in service on the
23 effective date of this amendatory Act of 1991.
24 (Source: P.A. 90-448, eff. 8-16-97.)
25 (40 ILCS 5/14-130) (from Ch. 108 1/2, par. 14-130)
26 Sec. 14-130. Refunds; rules.
27 (a) Upon withdrawal a member is entitled to receive,
28 upon written request, a refund of the member's contributions,
29 including credits granted while in receipt of disability
30 benefits, without credited interest. The board, in its
31 discretion may withhold payment of the refund of a member's
32 contributions for a period not to exceed 1 year after the
33 member has ceased to be an employee.
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1 For purposes of this Section, a member will be considered
2 to have withdrawn from service if a change in, or transfer
3 of, his position results in his becoming ineligible for
4 continued membership in this System and eligible for
5 membership in another public retirement system under this
6 Act.
7 (b) A member receiving a refund forfeits and
8 relinquishes all accrued rights in the System, including all
9 accumulated creditable service. If the person again becomes
10 a member of the System and establishes at least 2 years of
11 creditable service, the member may repay the moneys
12 previously refunded. However, a former member may restore
13 credits previously forfeited by acceptance of a refund
14 without returning to service by applying in writing and
15 repaying to the System, by April 1, 1993, the amount of the
16 refund plus regular interest calculated from the date of
17 refund to the date of repayment.
18 The repayment of refunds issued prior to January 1, 1984
19 shall consist of the amount refunded plus 5% interest per
20 annum compounded annually for the period from the date of the
21 refund to the end of the month in which repayment is made.
22 The repayment of refunds issued after January 1, 1984 shall
23 consist of the amount refunded plus regular interest for the
24 period from the date of refund to the end of the month in
25 which repayment is made. However, in the case of a refund
26 that is repaid in a lump sum between January 1, 1991 and July
27 1, 1991, repayment shall consist of the amount refunded plus
28 interest at the rate of 2.5% per annum compounded annually
29 from the date of the refund to the end of the month in which
30 repayment is made.
31 Upon repayment, the member shall receive credit for the
32 service, member contributions and regular interest that was
33 forfeited by acceptance of the refund as well as regular
34 interest for the period of non-membership. Such repayment
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1 shall be made in full before retirement either in a lump sum
2 or in installment payments in accordance with such rules as
3 may be adopted by the board.
4 (b-5) The Board may adopt rules governing the repayment
5 of refunds and establishment of credits in cases involving
6 awards of back pay or reinstatement. The rules may authorize
7 repayment of a refund in installment payments and may waive
8 the payment of interest on refund amounts repaid in full
9 within a specified period.
10 (c) A member no longer in service who is unmarried and
11 on the date of retirement or who does not have an eligible
12 survivors annuity beneficiary on the at that date of
13 application therefor is entitled to a refund of contributions
14 for widow's annuity or survivors annuity purposes, or both,
15 as the case may be, without interest. A widow's annuity or
16 survivors annuity shall not be payable upon the death of a
17 person who has received this refund, unless prior to that
18 death the amount of the refund has been repaid to the System,
19 together with regular interest from the date of the refund to
20 the date of repayment.
21 (d) Any member who has service credit in any position
22 for which an alternative retirement annuity is provided and
23 in relation to which an increase in the rate of employee
24 contribution is required, shall be entitled to a refund,
25 without interest, of that part of the member's employee
26 contribution which results from that increase in the employee
27 rate if the member does not qualify for that alternative
28 retirement annuity at the time of retirement.
29 (Source: P.A. 90-448, eff. 8-16-97.)
30 (40 ILCS 5/15-134.6 new)
31 Sec. 15-134.6. Transfer of certain creditable service to
32 the Article 14 retirement system.
33 (a) An active member of the Article 14 retirement system
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1 who is employed in a position for which he or she earns
2 eligible creditable service as defined in Section 14-110 of
3 this Code may transfer all or a portion of his or her
4 creditable service accumulated under this System for service
5 as a police officer to the Article 14 retirement system in
6 accordance with Section 14-110. The transfer of creditable
7 service shall be accompanied by payment from this System to
8 the Article 14 retirement system of:
9 (1) the amounts credited to the applicant for the
10 service to be transferred through employee contributions,
11 including interest, as of the date of transfer; and
12 (2) employer contributions equal to the amount
13 determined under item (1); and
14 (3) any interest paid by the applicant in order to
15 reinstate the service to be transferred.
16 Participation in this System with respect to the transferred
17 service shall terminate on the date of transfer.
18 (b) A person transferring creditable service under
19 subsection (a) may reinstate service that was terminated by
20 receipt of a refund, by paying to the System the amount of
21 the refund plus interest thereon at the effective rate from
22 the date of the refund to the date of payment.
23 (40 ILCS 5/3-110.5 rep.)
24 (40 ILCS 5/7-139.7 rep.)
25 Section 94. The Illinois Pension Code is amended by
26 repealing Sections 3-110.5 and 7-139.7.
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.