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92_SB0774
LRB9207762EGfg
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 2-108, 2-108.1, 2-110, 2-117, 2-119.1,
6 2-121, 2-123, 3-110.6, 5-154, 5-154.1, 5-157, 5-167.1, 5-212,
7 5-236, 6-140, 7-132, 7-139, 7-139.7, 7-139.8, 8-110, 8-113,
8 8-120, 8-150.1, 8-158, 8-161, 8-167, 8-168, 8-171, 8-174.1,
9 8-227, 8-230.7, 8-243.2, 9-121.6, 9-121.10, 9-121.15, 9-134,
10 9-146.1, 9-163, 9-179.1, 9-185, 9-186, 9-187, 9-219,
11 11-125.8, 11-134, 11-145.1, 11-153, 11-156, 11-163, 11-164,
12 11-167, 11-170.1, 14-103.05, 14-103.12, 14-104, 14-104.6,
13 14-105.7, 14-106, 14-107, 14-108, 14-110, 14-114, 14-119,
14 14-120, 14-121, 14-128, 14-131, 14-133, 15-113.1, 15-136,
15 15-136.3, 15-145, 15-148, 15-155, 15-165, 16-106, 16-129.1,
16 16-131.6, 16-132, 16-133, 16-133.1, 16-143, 16-143.1, 16-158,
17 17-116.3, 17-119, 17-122, and 18-128 and adding Sections
18 5-233.1, 8-226.7, 8-230.8, 8-230.9, 8-230.10, 9-121.14,
19 9-121.16, 12-127.6, 12-127.7, 14-104.12, 14-104.13, 14-105.8,
20 14-108.2c, 14-114.1, 15-134.6, 15-137.1, 16-134.1, 17-114.4,
21 and 17-119.2 as follows:
22 (40 ILCS 5/2-108) (from Ch. 108 1/2, par. 2-108)
23 Sec. 2-108. Salary. "Salary":
24 (1) For members of the General Assembly, the total
25 compensation paid to the member by the State for one year
26 of service, including the additional amounts, if any,
27 paid to the member as an officer pursuant to Section 1 of
28 "An Act in relation to the compensation and emoluments of
29 the members of the General Assembly", approved December
30 6, 1907, as now or hereafter amended.
31 (2) For the State executive officers specified in
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1 Section 2-105, the total compensation paid to the member
2 for one year of service.
3 (3) For members of the System who are participants
4 under Section 2-117.1, or who are serving as Clerk or
5 Assistant Clerk of the House of Representatives or
6 Secretary or Assistant Secretary of the Senate, the total
7 compensation paid to the member for one year of service,
8 but not to exceed the salary of the highest salaried
9 officer of the General Assembly.
10 (4) For members of the System who are serving as
11 Clerk or Assistant Clerk of the House of Representatives
12 or Secretary or Assistant Secretary of the Senate, the
13 total compensation paid to the member for one year of
14 service.
15 However, in the event that federal law results in any
16 participant receiving imputed income based on the value of
17 group term life insurance provided by the State, such imputed
18 income shall not be included in salary for the purposes of
19 this Article.
20 (Source: P.A. 86-27; 86-273; 86-1028; 86-1488.)
21 (40 ILCS 5/2-108.1) (from Ch. 108 1/2, par. 2-108.1)
22 Sec. 2-108.1. Highest salary for annuity purposes.
23 (a) "Highest salary for annuity purposes" means
24 whichever of the following is applicable to the participant:
25 (1) For a participant who is a member of the
26 General Assembly on his or her last day of service: the
27 highest salary that is prescribed by law, on the
28 participant's last day of service, for a member of the
29 General Assembly who is not an officer; plus, if the
30 participant was elected or appointed to serve as an
31 officer of the General Assembly for 2 or more years and
32 has made contributions as required under subsection (d)
33 of Section 2-126, the highest additional amount of
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1 compensation prescribed by law, at the time of the
2 participant's service as an officer, for members of the
3 General Assembly who serve in that office.
4 (2) For a participant who holds one of the State
5 executive offices specified in Section 2-105 on his or
6 her last day of service: the highest salary prescribed by
7 law for service in that office on the participant's last
8 day of service.
9 (3) For a participant who is Clerk or Assistant
10 Clerk of the House of Representatives or Secretary or
11 Assistant Secretary of the Senate on his or her last day
12 of service: the salary received for service in that
13 capacity on the last day of service, but not to exceed
14 the highest salary (including additional compensation for
15 service as an officer) that is prescribed by law on the
16 participant's last day of service for the highest paid
17 officer of the General Assembly.
18 (4) For a participant who is a continuing
19 participant under Section 2-117.1 on his or her last day
20 of service: the salary received for service in that
21 capacity on the last day of service, but not to exceed
22 the highest salary (including additional compensation for
23 service as an officer) that is prescribed by law on the
24 participant's last day of service for the highest paid
25 officer of the General Assembly.
26 (b) The earnings limitations of subsection (a) apply to
27 earnings under any other participating system under the
28 Retirement Systems Reciprocal Act that are considered in
29 calculating a proportional annuity under this Article, except
30 in the case of a person who first became a member of this
31 System before August 22, 1994.
32 (c) In calculating the subsection (a) earnings
33 limitation to be applied to earnings under any other
34 participating system under the Retirement Systems Reciprocal
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1 Act for the purpose of calculating a proportional annuity
2 under this Article, the participant's last day of service
3 shall be deemed to mean the last day of service in any
4 participating system from which the person has applied for a
5 proportional annuity under the Retirement Systems Reciprocal
6 Act.
7 (Source: P.A. 90-655, eff. 7-30-98.)
8 (40 ILCS 5/2-110) (from Ch. 108 1/2, par. 2-110)
9 Sec. 2-110. Service.
10 (A) "Service" means the period beginning on the day when
11 a person first became a member, and ending on the date under
12 consideration, excluding all intervening periods of
13 nonmembership following resignation or expiration of any term
14 of office.
15 (B) "Service" includes:
16 (a) Military service during war by a person who
17 entered such service while a member, whether rendered
18 before or after the expiration of any term of office;
19 plus up to 2 years of military service that need not have
20 immediately followed service as a member, and need not
21 have been served during wartime, provided that the member
22 makes contributions to the System for such service (1) at
23 the rates provided in Section 2-126 based upon the
24 member's rate of compensation on the last date as a
25 participant prior to such military service, or on the
26 first date as a participant after such military service,
27 whichever is greater, plus (2) if payment is made on or
28 after May 1, 1993, an amount determined by the Board to
29 be equal to the employer's normal cost of the benefits
30 accrued for such military service, plus (3) interest at
31 the effective rate from the date of first membership in
32 the System to the date of payment.
33 The amendment to this subdivision (B)(a) made by
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1 this amendatory Act of 1993 shall apply to persons who
2 are active contributors to the System on or after
3 November 30, 1992. A person who was an active
4 contributor to the System on November 30, 1992 but is no
5 longer an active contributor may apply to purchase
6 military credit under this subdivision (B)(a) within 60
7 days after the effective date of this amendatory Act of
8 1993; if the person is an annuitant, the resulting
9 increase in annuity shall begin to accrue on the first
10 day of the month following the month in which the
11 required payment is received by the System. The change
12 in the required contribution for purchased military
13 credit made by this amendatory Act of 1993 shall not
14 entitle any person to a refund of contributions already
15 paid.
16 (b) Service as a judge of a court of this State,
17 but credit for such service is subject to the following
18 conditions: (1) such person shall have been a member for
19 at least 4 years and contributed to the System for
20 service as a judge subsequent to July 8, 1947, at the
21 rates herein provided, including interest at 2% per annum
22 to the date of payment based on the salary in effect
23 during such service; (2) the member was not an eligible
24 member of nor entitled to credit for such service in any
25 other retirement system in the State maintained in whole
26 or in part by public contributions; and (3) the last 4
27 years of service prior to retirement on annuity was
28 rendered while a member.
29 (c) Service as a participating employee under
30 Articles 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16,
31 17 or 18 of the Illinois Pension Code. Credit for such
32 service may be established by a member and, if permitted
33 by the credit transfer Section of the appropriate
34 Article, by a former member who is not yet an annuitant,
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1 and is subject to the following conditions: (1) that the
2 credits accrued under the above mentioned Articles have
3 been transferred to this System; and (2) that the member
4 has contributed to this System an amount equal to (A) the
5 amount by which the credits transferred to this System
6 under item (1) are less than the sum of (i) the
7 contribution rate in effect for participants at the date
8 of membership in this System multiplied by the salary
9 then in effect for members of the General Assembly for
10 each year of service for which credit is being
11 transferred, plus (ii) the State's share of the normal
12 cost of benefits under this System expressed as a percent
13 of payroll, as determined by the System's actuary as of
14 the date of the participant's membership in this System,
15 multiplied by the salary then in effect for members of
16 the General Assembly, for each year of service for which
17 credit is being transferred, plus (B) (iii) interest on
18 the amount determined under item (A) items (i) and (ii)
19 above at the rate of 6% per annum, compounded annually,
20 from the date of membership to the date of payment by the
21 participant, less (iv) the amount transferred to this
22 System on behalf of the participant on account of service
23 rendered while a participant under the above mentioned
24 Articles.
25 (d) Service, before October 1, 1975, as an officer
26 elected by the people of Illinois, for which creditable
27 service is required to be transferred from the State
28 Employees' Retirement System to this System by this
29 amendatory Act of 1975.
30 (e) Service rendered prior to January 1, 1964, as a
31 justice of the peace or police magistrate or as a civil
32 referee in the Municipal Court of Chicago, but credit for
33 such service may not be granted until the member has paid
34 to the System an amount equal to (1) the contribution
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1 rate for participants at the date of membership in this
2 System multiplied by the salary then in effect for
3 members of the General Assembly for each year of service
4 for which credit is being transferred, plus (2) the
5 State's share of the normal cost of benefits under this
6 System expressed as a percent of payroll, as determined
7 by the System's actuary as of the date of the
8 participant's membership in this System, multiplied by
9 the salary then in effect for members of the General
10 Assembly, for each year of service for which credit is
11 allowed, plus, (3) interest on (1) and (2) above at 6%
12 per annum compounded annually from the date of membership
13 to the date of payment by the member. However, a
14 participant may not receive more than 6 years of credit
15 for such service nor may any member receive credit under
16 this paragraph for service for which credit has been
17 granted in any other public pension fund or retirement
18 system in the State.
19 (f) Service before January 16, 1981, as an officer
20 elected by the people of Illinois, for which creditable
21 service is transferred from the State Employees'
22 Retirement System to this System.
23 (C) Service during any fraction of a month shall be
24 considered as a month of service.
25 Service includes the total period of time for which a
26 participant is elected as a member or officer, even though he
27 or she does not complete the term because of death,
28 resignation, judicial decision, or operation of law, provided
29 that the contributions required under this Article for such
30 entire period of office have been made by or on behalf of the
31 participant. In the case of a participant appointed or
32 elected to fill a vacancy, service includes the total period
33 from January 1 of the year in which his or her service
34 commences to the end of the term in which the vacancy occurs,
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1 provided the participant contributes in the year of
2 appointment an amount equal to the contributions that would
3 have been required had the participant received salary for
4 the entire year. The foregoing provisions relating to a
5 participant appointed or elected to fill a vacancy shall not
6 apply if the participant was a member of the other
7 legislative chamber at the time of appointment or election.
8 (D) Notwithstanding the other provisions of this
9 Section, if application to transfer or establish service
10 credit under paragraph (c) or (e) of subsection (B) of this
11 Section is made between January 1, 1992 and February 1, 1993,
12 the contribution required for such credit shall be an amount
13 equal to (1) the contribution rate in effect for participants
14 at the date of membership in this System multiplied by the
15 salary then in effect for members of the General Assembly for
16 each year of service for which credit is being granted, plus
17 (2) interest thereon at 6% per annum compounded annually,
18 from the date of membership to the date of payment by the
19 member, less (3) any amount transferred to this System on
20 behalf of the member on account of such service credit.
21 (Source: P.A. 86-27; 86-1028; 87-794; 87-1265.)
22 (40 ILCS 5/2-117) (from Ch. 108 1/2, par. 2-117)
23 Sec. 2-117. Participants - Election not to participate.
24 (a) Every person who was a member on November 1, 1947,
25 or in military service on such date, is subject to the
26 provisions of this system beginning upon such date, unless
27 prior to such date he or she filed with the board a written
28 notice of election not to participate.
29 Every person who becomes a member after November 1, 1947,
30 and who is then not a participant becomes a participant
31 beginning upon the date of becoming a member unless, within
32 24 months from that date, he or she has filed with the board
33 a written notice of election not to participate.
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1 (b) A member who has filed notice of an election not to
2 participate (and a former member who has not yet begun to
3 receive a retirement annuity under this Article) may become a
4 participant with respect to the period for which the member
5 elected not to participate upon filing with the board, before
6 July 1, 2002 April 1, 1993, a written rescission of the
7 election not to participate. Upon contributing an amount
8 equal to the contributions he or she would have made as a
9 participant from November 1, 1947, or the date of becoming a
10 member, whichever is later, to the date of becoming a
11 participant, with interest at the rate of 4% per annum until
12 the contributions are paid, the participant shall receive
13 credit for service as a member prior to the date of the
14 rescission, both before and after November 1, 1947. The
15 required contributions shall be made before commencement of
16 the retirement annuity; otherwise no credit for service prior
17 to the date of participation shall be granted.
18 (Source: P.A. 86-273; 87-1265.)
19 (40 ILCS 5/2-119.1) (from Ch. 108 1/2, par. 2-119.1)
20 Sec. 2-119.1. Automatic increase in retirement annuity.
21 (a) A participant who retires after June 30, 1967, and
22 who has not received an initial increase under this Section
23 before the effective date of this amendatory Act of 1991,
24 shall, in January or July next following the first
25 anniversary of retirement, whichever occurs first, and in the
26 same month of each year thereafter, but in no event prior to
27 age 60, have the amount of the originally granted retirement
28 annuity increased as follows: for each year through 1971, 1
29 1/2%; for each year from 1972 through 1979, 2%; and for 1980
30 and each year thereafter, 3%. Annuitants who have received
31 an initial increase under this subsection prior to the
32 effective date of this amendatory Act of 1991 shall continue
33 to receive their annual increases in the same month as the
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1 initial increase.
2 (b) This subsection (b) does not apply to persons who
3 qualify for and elect to receive the increase provided in
4 subsection (b-1).
5 Beginning January 1, 1990, for participants who remain in
6 service after attaining 20 years of creditable service, the
7 3% increases provided under subsection (a) shall begin to
8 accrue on the January 1 next following the date upon which
9 the participant (1) attains age 55, or (2) attains 20 years
10 of creditable service, whichever occurs later, and shall
11 continue to accrue while the participant remains in service;
12 such increases shall become payable on January 1 or July 1,
13 whichever occurs first, next following the first anniversary
14 of retirement. For any person who has service credit in the
15 System for the entire period from January 15, 1969 through
16 December 31, 1992, regardless of the date of termination of
17 service, the reference to age 55 in clause (1) of this
18 subsection (b) shall be deemed to mean age 50. For persons
19 who begin receiving a retirement annuity under this Article
20 on or after January 1, 2000, any increases provided under
21 this subsection (b) for years during which the participant
22 remains in active service shall accrue at the rate of 5%
23 rather than 3%.
24 (b-1) A person who is an active participant in the
25 System on or after July 1, 1999 may elect to receive a
26 one-time increase in retirement annuity, equal to 3% of the
27 originally granted retirement annuity for each full year of
28 the annuitant's service credit in excess of 20 years. This
29 increase is payable at the same time as the annuitant's
30 initial increase under subsection (a) of this Section and is
31 in addition to that increase.
32 (c) The foregoing provisions relating to automatic
33 increases are not applicable to a participant who retires
34 before having made contributions (at the rate prescribed in
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1 Section 2-126) for automatic increases for less than the
2 equivalent of one full year. However, in order to be
3 eligible for the automatic increases, such a participant may
4 make arrangements to pay to the System the amount required to
5 bring the total contributions for the automatic increase to
6 the equivalent of one year's contributions based upon his or
7 her last salary.
8 (d) A participant who terminated service prior to July
9 1, 1967, with at least 14 years of service is entitled to an
10 increase in retirement annuity beginning January, 1976, and
11 to additional increases in January of each year thereafter.
12 The initial increase shall be 1 1/2% of the originally
13 granted retirement annuity multiplied by the number of full
14 years that the annuitant was in receipt of such annuity
15 prior to January 1, 1972, plus 2% of the originally granted
16 retirement annuity for each year after that date. The
17 subsequent annual increases shall be at the rate of 2% of the
18 originally granted retirement annuity for each year through
19 1979 and at the rate of 3% for 1980 and thereafter.
20 (e) Beginning January 1, 1990, all automatic annual
21 increases payable under this Section shall be calculated as a
22 percentage of the total annuity payable at the time of the
23 increase, including previous increases granted under this
24 Article.
25 (Source: P.A. 86-273; 87-794; 87-1265.)
26 (40 ILCS 5/2-121) (from Ch. 108 1/2, par. 2-121)
27 Sec. 2-121. Survivor's annuity - conditions for payment.
28 (a) A survivor's annuity shall be payable to a surviving
29 spouse or eligible child (1) upon the death in service of a
30 participant with at least 2 years of service credit, or (2)
31 upon the death of an annuitant in receipt of a retirement
32 annuity, or (3) upon the death of a participant who
33 terminated service with at least 4 years of service credit.
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1 The change in this subsection (a) made by this amendatory
2 Act of 1995 applies to survivors of participants who die on
3 or after December 1, 1994, without regard to whether or not
4 the participant was in service on or after the effective date
5 of this amendatory Act of 1995.
6 (b) To be eligible for the survivor's annuity, the
7 spouse and the participant or annuitant must have been
8 married for a continuous period of at least one year
9 immediately preceding the date of death, but need not have
10 been married on the day of the participant's last termination
11 of service, regardless of whether such termination occurred
12 prior to the effective date of this amendatory Act of 1985.
13 (c) The annuity shall be payable beginning on the date
14 of a participant's death, or the first of the month following
15 an annuitant's death, if the spouse is then age 50 or over,
16 or beginning at age 50 if the spouse is then under age 50.
17 If an eligible child or children of the participant or
18 annuitant (or a child or children of the eligible spouse
19 meeting the criteria of item (1), (2), or (3) of subsection
20 (d) of this Section) also survive, and the child or children
21 are under the care of the eligible spouse, the annuity shall
22 begin as of the date of a participant's death, or the first
23 of the month following an annuitant's death, without regard
24 to the spouse's age.
25 The change to this subsection made by this amendatory Act
26 of 1998 (relating to children of an eligible spouse) applies
27 to the eligible spouse of a participant or annuitant who dies
28 on or after the effective date of this amendatory Act,
29 without regard to whether the participant or annuitant is in
30 service on or after that effective date.
31 (d) For the purposes of this Section and Section
32 2-121.1, "eligible child" means a child of the deceased
33 participant or annuitant who is at least one of the
34 following:
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1 (1) unmarried and under the age of 18;
2 (2) unmarried, a full-time student, and under the
3 age of 22;
4 (3) dependent by reason of physical or mental
5 disability.
6 The inclusion of unmarried students under age 22 in the
7 calculation of survivor's annuities by this amendatory Act of
8 1991 shall apply to all eligible students beginning January
9 1, 1992, without regard to whether the deceased participant
10 or annuitant was in service on or after the effective date of
11 this amendatory Act of 1991.
12 Adopted children shall have the same status as children
13 of the participant or annuitant, but only if the proceedings
14 for adoption are commenced at least one year prior to the
15 date of the participant's or annuitant's death.
16 (e) Remarriage of a surviving spouse prior to attainment
17 of age 55 shall disqualify the surviving spouse from the
18 receipt of a survivor's annuity until July 6, 2000, if the
19 remarriage occurs before the effective date of this
20 amendatory Act of the 91st General Assembly. A surviving
21 spouse whose survivor's annuity has been terminated due to
22 remarriage may apply for reinstatement of that annuity. The
23 reinstated annuity shall begin to accrue on July 6, 2000,
24 except that if, on July 6, 2000, the annuity is payable to an
25 eligible surviving child, payment of the annuity to the
26 surviving spouse shall not be reinstated until the annuity is
27 no longer payable to any eligible surviving child. The
28 reinstated annuity shall include any one-time or annual
29 increases received prior to the date of termination, as well
30 as any increases that would otherwise have accrued from the
31 date of termination to the date of reinstatement. An
32 eligible surviving spouse whose expectation of receiving a
33 survivor's annuity was lost due to remarriage before
34 attainment of age 50 shall also be entitled to reinstatement
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1 under this subsection, but the resulting survivor's annuity
2 shall not begin to accrue sooner than upon the surviving
3 spouse's attainment of age 50.
4 The changes made to this subsection by Public Act 91-887
5 and this amendatory Act of the 92nd 91st General Assembly
6 (pertaining to remarriage prior to age 55) apply without
7 regard to whether the deceased participant or annuitant was
8 in service on or after the effective date of either this
9 amendatory Act.
10 (Source: P.A. 90-766, eff. 8-14-98; 91-887, eff. 7-6-00.)
11 (40 ILCS 5/2-123) (from Ch. 108 1/2, par. 2-123)
12 Sec. 2-123. Refunds.
13 (a) A participant who ceases to be a member, other than
14 an annuitant, shall, upon written request, receive a refund
15 of his or her total contributions, without interest. The
16 refund shall include the additional contributions for the
17 automatic increase in retirement annuity. By accepting the
18 refund, a participant forfeits all accrued rights and
19 benefits in the System and loses credit for all service.
20 However, if he or she again becomes a member, he or she may
21 resume status as a participant and reestablish any forfeited
22 service credit by paying to the System the full amount
23 refunded, together with interest at 4% per annum from the
24 time the refund is paid to the date the member again becomes
25 a participant.
26 A former member of the General Assembly may reestablish
27 any service credit forfeited by acceptance of a refund by
28 paying to the System on or before July 1, 2002 February 1,
29 1993, the full amount refunded, together with interest at 4%
30 per annum from the date of payment of the refund to the date
31 of repayment.
32 When a member or former member owes money to the System,
33 interest at the rate of 4% per annum shall accrue and be
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1 payable on such amounts owed beginning on the date of
2 termination of service as a member until the contributions
3 due have been paid in full.
4 (b) A participant who (1) has elected to cease making
5 contributions for survivor's annuity under subsection (b) of
6 Section 2-126, (2) has no eligible survivor's annuity
7 beneficiary upon becoming an annuitant, or (3) terminates
8 service with less than 8 years of service is entitled to a
9 refund of the contributions for a survivor's annuity, without
10 interest. If the person later marries, a survivor's annuity
11 shall not be payable upon his or her death, unless the amount
12 of the refund is repaid to the System, together with interest
13 at the rate of 4% per year from the date of refund to the
14 date of repayment.
15 (c) If at the date of retirement or death of a
16 participant who served as an officer of the General Assembly,
17 the total period of such service is less than 4 years, the
18 additional contributions made by such member on the
19 additional salary as an officer shall be refunded unless the
20 participant served as an officer for at least 2 years and has
21 contributed the amount he or she would have contributed if he
22 or she had served as an officer for 4 years as provided in
23 Section 2-126.
24 (d) Upon the termination of the last survivor's annuity
25 payable to a survivor of a deceased participant, the excess,
26 if any, of the total contributions made by the participant
27 for retirement and survivor's annuity, without interest, over
28 the total amount of retirement and survivor's annuity
29 payments received by the participant and the participant's
30 survivors shall be refunded upon request:
31 (i) if there was a surviving spouse of the deceased
32 participant who was eligible for a survivor's annuity, to
33 the designated beneficiary of that spouse or, if the
34 designated beneficiary is deceased or there is no
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1 designated beneficiary, to that spouse's estate;
2 (ii) if there was no eligible surviving spouse of
3 the deceased participant, to the designated beneficiary
4 of the deceased participant or, if the designated
5 beneficiary is deceased or there is no designated
6 beneficiary, to the deceased participant's estate.
7 (e) Upon the death of a participant, if a survivor's
8 annuity is not payable under this Article, a beneficiary
9 designated by the participant shall be entitled to a refund
10 of all contributions made by the participant. If the
11 participant has not designated a refund beneficiary, the
12 surviving spouse shall be entitled to the refund of
13 contributions; if there is no surviving spouse, the
14 contributions shall be refunded to the participant's
15 surviving children, if any, and if no children survive, the
16 refund payment shall be made to the participant's estate.
17 (Source: P.A. 90-448, eff. 8-16-97; 90-766, eff. 8-14-98.)
18 (40 ILCS 5/3-110.6) (from Ch. 108 1/2, par. 3-110.6)
19 Sec. 3-110.6. Transfer to Article 14 System.
20 (a) Any active member of the State Employees' Retirement
21 System who is an investigator for the Office of the State's
22 Attorneys Appellate Prosecutor, an investigator for the
23 Office of the Attorney General, or a controlled substance
24 inspector may apply for transfer of some or all of his or her
25 creditable service accumulated in any police pension fund
26 under this Article to the State Employees' Retirement System
27 in accordance with Section 14-110. The creditable service
28 shall be transferred only upon payment by the police pension
29 fund to the State Employees' Retirement System of an amount
30 equal to:
31 (1) the amounts accumulated to the credit of the
32 applicant for the service to be transferred on the books
33 of the fund on the date of transfer; and
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1 (2) employer contributions in an amount equal to
2 the amount determined under subparagraph (1); and
3 (3) any interest paid by the applicant in order to
4 reinstate that service.
5 Participation in the police pension fund with respect to the
6 credits transferred shall terminate on the date of transfer.
7 (b) Any such investigator or inspector may reinstate
8 service which was terminated by receipt of a refund, by
9 paying to the police pension fund the amount of the refund
10 with interest thereon at the rate of 6% per year, compounded
11 annually, from the date of refund to the date of payment.
12 (Source: P.A. 90-32, eff. 6-27-97.)
13 (40 ILCS 5/5-154) (from Ch. 108 1/2, par. 5-154)
14 Sec. 5-154. Duty disability benefit; child's disability
15 benefit.
16 (a) An active policeman who becomes disabled on or after
17 the effective date as the result of injury incurred on or
18 after such date in the performance of an act of duty, has a
19 right to receive duty disability benefit during any period of
20 such disability for which he does not have a right to receive
21 salary, equal to 75% of his salary, as salary is defined in
22 this Article, at the time the disability is allowed; or in
23 the case of a policeman on duty disability who returns to
24 active employment at any time for a period of at least 2
25 years and is again disabled from the same cause or causes,
26 75% of his salary, as salary is defined in this Article, at
27 the time disability is allowed; provided, however, that:
28 (i) If the disability resulted from any physical
29 defect or mental disorder or any disease which existed at
30 the time the injury was sustained, or if the disability
31 is less than 50% of total disability for any service of a
32 remunerative character, the duty disability benefit shall
33 be 50% of salary as defined in this Article.
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1 (ii) However, Beginning January 1, 1996, no duty
2 disability benefit that has been payable under this
3 Section for at least 10 years shall be less than 50% of
4 the current salary attached from time to time to the rank
5 held by the policeman at the time of removal from the
6 police department payroll, regardless of whether that
7 removal occurred before the effective date of this
8 amendatory Act of 1995. Beginning on January 1, 2000, no
9 duty disability benefit that has been payable under this
10 Section for at least 7 years shall be less than 60% of
11 the current salary attached from time to time to the rank
12 held by the policeman at the time of removal from the
13 police department payroll, regardless of whether that
14 removal occurred before the effective date of this
15 amendatory Act of the 92nd General Assembly.
16 (iii) If the Board finds that the disability of the
17 policeman is of such a nature as to permanently render
18 him totally disabled for any service of a remunerative
19 character, the duty disability benefit shall be 75% of
20 the current salary attached from time to time to the rank
21 held by the policeman at the time of removal from the
22 police department payroll. In the case of a policeman
23 receiving a duty disability benefit under this Section on
24 the effective date of this amendatory Act of the 92nd
25 General Assembly, the increase in benefit provided by
26 this amendatory Act, if any, shall begin to accrue as of
27 the date that the Board makes the required finding of
28 permanent total disability, regardless of whether removal
29 from the payroll occurred before the effective date of
30 this amendatory Act.
31 (b) The policeman shall also have a right to child's
32 disability benefit of $100 $30 per month for each unmarried
33 child, the issue of the policeman, less than age 18, but the
34 total amount of child's disability benefit shall not exceed
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1 25% of his salary as defined in this Article. The increase
2 in child's disability benefit provided by this amendatory Act
3 of the 92nd General Assembly applies beginning January 1,
4 2000 to all such benefits payable on or after that date,
5 regardless of whether the disabled policeman is in active
6 service on or after the effective date of this amendatory Act
7 of the 92nd General Assembly.
8 (c) Duty disability benefit shall be payable until the
9 policeman becomes age 63 or would have been retired by
10 operation of law, whichever is later, and child's disability
11 benefit shall be paid during any such period of disability
12 until the child attains age 18. Thereafter the policeman
13 shall receive the annuity provided in accordance with the
14 other provisions of this Article.
15 (d) A policeman who suffers a heart attack during the
16 performance and discharge of his or her duties as a policeman
17 shall be considered injured in the performance of an act of
18 duty and shall be eligible for all benefits that the City
19 provides for police officers injured in the performance of an
20 act of duty. This subsection (d) is a restatement of
21 existing law and applies without regard to whether the
22 policeman is in service on or after the effective date of
23 Public Act 89-12 or this amendatory Act of 1996.
24 (Source: P.A. 89-12, eff. 4-20-95; 89-643, eff. 8-9-96.)
25 (40 ILCS 5/5-154.1) (from Ch. 108 1/2, par. 5-154.1)
26 Sec. 5-154.1. Occupational disease disability benefit.
27 (a) The General Assembly finds that service in the
28 police department requires police officers in times of stress
29 and danger to perform unusual tasks; that police officers are
30 subject to exposure to extreme heat or extreme cold in
31 certain seasons while performing their duties; and that these
32 conditions exist and arise out of or in the course of
33 employment.
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1 (b) Any police officer with at least 10 years of service
2 who suffers a heart attack or any other disabling heart
3 disease but is not entitled to a benefit under Section 5-154
4 is entitled to receive an occupational disease disability
5 benefit under this Section. The occupational disease
6 disability benefit shall be 65% of the salary attached to the
7 rank held by the police officer in the police service at the
8 time of his or her removal from the police department
9 payroll. However, no occupational disease disability benefit
10 that has been payable under this Section for at least 10
11 years shall be less than 50% of the current salary attached
12 from time to time to the rank held by the police officer at
13 the time of his or her removal from the police department
14 payroll.
15 The police officer is also entitled to a child's
16 disability benefit of $100 $50 per month for each natural or
17 legally adopted unmarried child less than age 18 dependent
18 upon the police officer for support. The total child's
19 disability benefit shall not exceed 10% of the police
20 officer's salary at the time of removal from the police
21 department payroll. The increase in child's disability
22 benefit provided by this amendatory Act of the 92nd General
23 Assembly applies beginning January 1, 2000 to all such
24 benefits payable on or after that date, regardless of whether
25 the disabled policeman is in active service on or after the
26 effective date of this amendatory Act of the 92nd General
27 Assembly.
28 The occupational disease disability benefit is payable
29 during the period of disability until the police officer
30 attains age 63 or compulsory retirement age, whichever occurs
31 later; thereafter the police officer shall receive the
32 benefits provided under the other provisions of this Article.
33 If the police officer ceases to be disabled, the occupational
34 disease disability benefit shall cease.
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1 The child's disability benefit is payable during the
2 period of disability until the child attains age 18 or
3 marries, whichever event occurs first, except that a benefit
4 payable on account of a child under this Section shall not be
5 reduced or terminated by reason of the child's attainment of
6 age 18 if he or she is then dependent by reason of a physical
7 or mental disability, but shall continue to be paid as long
8 as the child's dependency and disability continue.
9 (Source: P.A. 89-12, eff. 4-20-95; 89-643, eff. 8-9-96.)
10 (40 ILCS 5/5-157) (from Ch. 108 1/2, par. 5-157)
11 Sec. 5-157. Administration of disability benefits.
12 (a) If a policeman who is granted duty or ordinary
13 disability benefit refuses to submit to examination by a
14 physician appointed by the board, he shall have no further
15 right to receive the benefit.
16 (b) A policeman who has withdrawn from service while
17 disabled and entered upon annuity prior to the effective
18 date, and who has thereafter been reinstated as a policeman,
19 shall have no right to ordinary disability benefit in excess
20 of the amount previously received unless he serves at least
21 one year after such reinstatement. This provision shall
22 apply throughout the duration of any disability incurred by
23 the policeman within one year after his reinstatement
24 resulting from any cause other than injury incurred in the
25 performance of an act of duty.
26 (c) Until the effective date of this amendatory Act of
27 the 92nd General Assembly, a policeman who assumes regular
28 employment for compensation, while in receipt of ordinary or
29 duty disability benefits, shall not be entitled to receive
30 any amount of such disability benefits which, when added to
31 his compensation for such employment during disability, would
32 exceed 150% of the rate of salary which would be paid to him
33 if he were working in his regularly appointed civil service
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1 position as a policeman. The changes made to this Section by
2 Public this amendatory Act 90-766 of 1998 are not limited to
3 persons in service on or after the effective date of that
4 this amendatory Act.
5 Beginning on the effective date of this amendatory Act of
6 the 92nd General Assembly, the reduction of disability
7 benefits due to compensation for employment previously
8 imposed under this subsection (c) no longer applies to any
9 person receiving a disability benefit under this Article,
10 without regard to whether the person is in service on or
11 after that date. The removal of this limitation by this
12 amendatory Act is not retroactive and does not entitle any
13 person to the restoration of amounts previously reduced or
14 withheld under this subsection.
15 (d) Disability benefit shall not be paid for any part of
16 time for which a disabled policeman shall receive any part of
17 his salary.
18 (e) Except as herein otherwise provided, disability
19 benefit shall not be paid for any disability based upon or
20 caused by any mental or physical defect which the policeman
21 had at the time he entered the police service.
22 (f) Disability benefit shall not be allowed to any
23 policeman who re-enters the public service in any capacity
24 where his salary is payable in whole or in part by taxes
25 levied upon taxable property in the city in which this
26 Article is in effect, or out of special revenues of any
27 department of the city. The disability benefit shall be
28 suspended during the period he is in the public service for
29 compensation, and shall be resumed when he withdraws from
30 such service.
31 (g) Any disability benefit paid in violation of this
32 Section or of this Article shall be construed to have been
33 paid in error, and the amounts so paid shall be charged as a
34 debit in the account of any person to whom the same was paid
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1 and shall be deducted from any moneys thereafter payable to
2 such person out of this fund, or to the widow, heirs or
3 estate of such person.
4 (Source: P.A. 90-766, eff. 8-14-98.)
5 (40 ILCS 5/5-167.1) (from Ch. 108 1/2, par. 5-167.1)
6 Sec. 5-167.1. Automatic increase in annuity; retirement
7 from service after September 1, 1967.
8 (a) A policeman who retires from service after September
9 1, 1967 with at least 20 years of service credit shall, upon
10 either the first of the month following the first anniversary
11 of his date of retirement if he is age 60 (age 55 if born
12 before January 1, 1950 1945) or over on that anniversary
13 date, or upon the first of the month following his attainment
14 of age 60 (age 55 if born before January 1, 1950 1945) if it
15 occurs after the first anniversary of his retirement date,
16 have his then fixed and payable monthly annuity increased by
17 1 1/2% and such first fixed annuity as granted at retirement
18 increased by an additional 1 1/2% in January of each year
19 thereafter up to a maximum increase of 30%. Beginning
20 January 1, 1983 for policemen born before January 1, 1930,
21 and beginning January 1, 1988 for policemen born on or after
22 January 1, 1930 but before January 1, 1940, and beginning
23 January 1, 1996 for policemen born on or after January 1,
24 1940 but before January 1, 1945, and beginning January 1,
25 2001 for policemen born on or after January 1, 1945 but
26 before January 1, 1950, such increases shall be 3% and such
27 policemen shall not be subject to the 30% maximum increase.
28 Any policeman born before January 1, 1945 who qualifies
29 for a minimum annuity and retires after September 1, 1967 but
30 has not received the initial increase under this subsection
31 before January 1, 1996 is entitled to receive the initial
32 increase under this subsection on (1) January 1, 1996, (2)
33 the first anniversary of the date of retirement, or (3)
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1 attainment of age 55, whichever occurs last. The changes to
2 this Section made by Public Act 89-12 this amendatory Act of
3 1995 apply beginning January 1, 1996 and without regard to
4 whether the policeman or annuitant terminated service before
5 the effective date of that this amendatory Act of 1995.
6 Any policeman born before January 1, 1950 who qualifies
7 for a minimum annuity and retires after September 1, 1967 but
8 has not received the initial increase under this subsection
9 before January 1, 2001 is entitled to receive the initial
10 increase under this subsection on (1) January 1, 2001, (2)
11 the first anniversary of the date of retirement, or (3)
12 attainment of age 55, whichever occurs last. The changes to
13 this Section made by this amendatory Act of the 92nd General
14 Assembly apply without regard to whether the policeman or
15 annuitant terminated service before the effective date of
16 this amendatory Act.
17 (b) Subsection (a) of this Section is not applicable to
18 an employee receiving a term annuity.
19 (c) To help defray the cost of such increases in
20 annuity, there shall be deducted, beginning September 1,
21 1967, from each payment of salary to a policeman, 1/2 of 1%
22 of each salary payment concurrently with and in addition to
23 the salary deductions otherwise made for annuity purposes.
24 The city, in addition to the contributions otherwise made
25 by it for annuity purposes under other provisions of this
26 Article, shall make matching contributions concurrently with
27 such salary deductions.
28 Each such 1/2 of 1% deduction from salary and each such
29 contribution by the city of 1/2 of 1% of salary shall be
30 credited to the Automatic Increase Reserve, to be used to
31 defray the cost of the 1 1/2% annuity increase provided by
32 this Section. Any balance in such reserve as of the
33 beginning of each calendar year shall be credited with
34 interest at the rate of 3% per annum.
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1 Such deductions from salary and city contributions shall
2 continue while the policeman is in service.
3 The salary deductions provided in this Section are not
4 subject to refund, except to the policeman himself, in any
5 case in which a policeman withdraws prior to qualification
6 for minimum annuity and applies for refund or applies for
7 annuity, and also where a term annuity becomes payable. In
8 such cases, the total of such salary deductions shall be
9 refunded to the policeman, without interest, and charged to
10 the Automatic Increase Reserve.
11 (Source: P.A. 89-12, eff. 4-20-95.)
12 (40 ILCS 5/5-212) (from Ch. 108 1/2, par. 5-212)
13 Sec. 5-212. Computation of service. In computing the
14 service rendered by a policeman prior to the effective date,
15 the following periods shall be counted, in addition to all
16 periods during where he performed the duties of his position,
17 as periods of service for annuity purposes only: all periods
18 of (a) vacation; (b) leave of absence with whole or part pay;
19 (c) leave of absence without pay on account of disability;
20 and (d) leave of absence during which the policeman was
21 engaged in the military or naval service of the United States
22 of America. Service credit shall not be allowed for a
23 policeman in receipt of a pension on account of disability
24 from any pension fund superseded by this fund.
25 In computing the service rendered by a policeman on or
26 after the effective date, the following periods shall be
27 counted, in addition to all periods during which he performed
28 the duties of his position, as periods of service for annuity
29 purposes only: all periods of (a) vacation; (b) leave of
30 absence with whole or part pay; (c) leave of absence during
31 which the policeman was engaged in the military or naval
32 service of the United States of America; (d) time that the
33 policeman was engaged in the military or naval service of the
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1 United States of America, during which he was passed over on
2 any eligible list posted from an entrance examination, due to
3 the fact that he was in such military or naval service at the
4 time he was called for appointment to the Police Department,
5 to be computed from the date he was passed over on any
6 eligible list and would have been first sworn in as a
7 policeman had he not been engaged in the military or naval
8 service of the United States of America, until the date of
9 his discharge from such military or naval service; provided
10 that such policeman shall pay into this Fund the same amount
11 that would have been deducted from his salary had he been a
12 policeman during the aforementioned portion of such military
13 or naval service; (e) disability for which the policeman
14 receives any disability benefit; (f) disability for which the
15 policeman receives whole or part pay; and (g) service for
16 which credits and creditable service have been transferred to
17 this Fund under Section 9-121.1, 14-105.1 or 15-134.3 of this
18 Code.
19 In computing service on or after the effective date for
20 ordinary disability benefit, all periods described in the
21 preceding paragraph, except any such period for which a
22 policeman receives ordinary disability benefit, shall be
23 counted as periods of service.
24 In computing service for any of the purposes of this
25 Article, no credit shall be given for any period during which
26 a policeman was not rendering active service because of his
27 discharge from the service, unless proceedings to test the
28 legality of the discharge are filed in a court of competent
29 jurisdiction within one year from the date of discharge and a
30 final judgment is entered therein declaring the discharge
31 illegal.
32 No overtime or extra service shall be included in
33 computing service of a policeman and not more than one year
34 or a fractional part thereof of service shall be allowed for
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1 service rendered during any calendar year.
2 In computing service for any of the purposes of this
3 Article, credit shall be given for any periods prior to
4 January 10, 2001 9, 1997, during which a policeman who is a
5 member of the General Assembly is on leave of absence or is
6 otherwise authorized to be absent from duty to enable him or
7 her to perform legislative duties, notwithstanding any
8 reduction in salary for such periods and notwithstanding that
9 the contributions paid by the policeman were based on a
10 reduced salary rather than the full amount of salary attached
11 to his or her career service rank.
12 (Source: P.A. 89-136, eff. 7-14-95.)
13 (40 ILCS 5/5-233.1 new)
14 Sec. 5-233.1. Transfer of creditable service to Article
15 8 or 11 fund. A person who (i) is an active participant in a
16 fund established under Article 8 or 11 of this Code and (ii)
17 has at least 10 and no more than 22 years of creditable
18 service in this Fund may, within the 90 days following the
19 effective date of this Section, apply for transfer of of his
20 or her credits and creditable service accumulated in this
21 Fund to the Article 8 or 11 fund. At the time of the
22 transfer, this Fund shall pay to the Article 8 or 11 fund an
23 amount consisting of:
24 (1) the amounts credited to the applicant through
25 employee contributions for the service to be transferred,
26 including interest; and
27 (2) the corresponding municipality credits,
28 including interest, on the books of the Fund on the date
29 of transfer.
30 Participation in this Fund with respect to the credits
31 transferred shall terminate on the date of transfer.
32 (40 ILCS 5/5-236) (from Ch. 108 1/2, par. 5-236)
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1 Sec. 5-236. Transfer to Article 14.
2 (a) Until January 31, 1994, any active member of the
3 State Employees' Retirement System who is a State policeman
4 or investigator for the Secretary of State may apply for
5 transfer of his creditable service accumulated under this
6 Article to the State Employees' Retirement System. At the
7 time of the transfer the Fund shall pay to the State
8 Employees' Retirement System an amount equal to:
9 (1) the amounts accumulated to the credit of the
10 applicant on the books of the Fund on the date of
11 transfer; and
12 (2) the corresponding municipality credits,
13 including interest, on the books of the Fund on the date
14 of transfer; and
15 (3) any interest paid by the applicant in order to
16 reinstate service.
17 Participation in this Fund shall terminate on the date of
18 transfer.
19 (b) Until January 31, 1994, any such State policeman or
20 investigator for the Secretary of State may reinstate service
21 that was terminated by receipt of a refund, by paying to the
22 Fund the amount of the refund with interest thereon at the
23 rate of 6% per year, compounded annually, from the date of
24 refund to the date of payment.
25 (c) Within 30 days after the effective date of this
26 amendatory Act of 1993, any active member of the State
27 Employees' Retirement System who was earning eligible
28 creditable service under subdivision (b)(12) of Section
29 14-110 on January 1, 1992 and who has at least 17 years of
30 creditable service under this Article may apply for transfer
31 of his creditable service accumulated under this Article to
32 the State Employees' Retirement System. At the time of the
33 transfer the Fund shall pay to the State Employees'
34 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; and
4 (2) the corresponding municipality credits,
5 including interest, on the books of the Fund on the date
6 of transfer.
7 Participation in this Fund shall terminate on the date of
8 transfer.
9 (d) Any active member of the State Employees' Retirement
10 System who is an investigator for the Office of the Attorney
11 General may apply for transfer of all or part of his or her
12 creditable service accumulated under this Article to the
13 State Employees' Retirement System in accordance with Section
14 14-110. At the time of the transfer the Fund shall pay to
15 the State Employees' Retirement System an amount equal to:
16 (1) the amounts accumulated to the credit of the
17 applicant for the service to be transferred on the books
18 of the Fund on the date of transfer; and
19 (2) the corresponding municipality credits,
20 including interest, on the books of the Fund on the date
21 of transfer; and
22 (3) any interest paid by the applicant in order to
23 reinstate that service credit.
24 Participation in this Fund with respect to the credits
25 transferred shall terminate on the date of transfer.
26 (e) Any such investigator for the Office of the Attorney
27 General may reinstate service that was terminated by receipt
28 of a refund, by paying to the Fund the amount of the refund
29 plus interest at the rate of 6% per year, compounded
30 annually, from the date of the refund to the date of payment.
31 (Source: P.A. 86-1488; 87-1265.)
32 (40 ILCS 5/6-140) (from Ch. 108 1/2, par. 6-140)
33 Sec. 6-140. Death in the line of duty.
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1 (a) The annuity for the widow of a fireman whose death
2 results from the performance of an act or acts of duty shall
3 be an amount equal to 50% of the current annual salary
4 attached to the classified position to which the fireman was
5 certified at the time of his death and 75% thereof after
6 December 31, 1972., and it shall be payable to the widow
7 until the fireman, had he lived, would have attained the age
8 prescribed for compulsory retirement.
9 Thereafter the widow shall receive annuity of an amount
10 equal to 40% of the current annual salary attached to the
11 classified position to which the fireman was certified at the
12 time of his death. The benefits provided in this Section
13 shall be paid to all widows who qualified to receive said
14 benefits before the effective date of this amendatory Act and
15 to those widows who qualify after the effective date.
16 Unless the performance of an act or acts of duty results
17 directly in the death of the fireman, or prevents him from
18 subsequently resuming active service in the fire department,
19 the annuity herein provided shall not be paid; nor shall such
20 annuities be paid unless the widow was the wife of the
21 fireman at the time of the act or acts of duty which resulted
22 in his death.
23 (b) The changes made to this Section by this amendatory
24 Act of the 92nd General Assembly apply without regard to
25 whether the deceased fireman was in service on or after the
26 effective date of this amendatory Act. In the case of a
27 widow receiving an annuity under this Section that has been
28 reduced to 40% of current salary because the fireman, had he
29 lived, would have attained the age prescribed for compulsory
30 retirement, the annuity shall be restored on January 1, 2001
31 to the amount provided in subsection (a).
32 (Source: P.A. 77-1580.)
33 (40 ILCS 5/7-132) (from Ch. 108 1/2, par. 7-132)
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1 Sec. 7-132. Municipalities, instrumentalities and
2 participating instrumentalities included and effective dates.
3 (A) Municipalities and their instrumentalities.
4 (a) The following described municipalities, but not
5 including any with more than 1,000,000 inhabitants, and the
6 instrumentalities thereof, shall be included within and be
7 subject to this Article beginning upon the effective dates
8 specified by the Board:
9 (1) Except as to the municipalities and
10 instrumentalities thereof specifically excluded under
11 this Article, every county shall be subject to this
12 Article, and all cities, villages and incorporated towns
13 having a population in excess of 5,000 inhabitants as
14 determined by the last preceding decennial or subsequent
15 federal census, shall be subject to this Article
16 following publication of the census by the Bureau of the
17 Census. Within 90 days after publication of the census,
18 the Board shall notify any municipality that has become
19 subject to this Article as a result of that census, and
20 shall provide information to the corporate authorities of
21 the municipality explaining the duties and consequences
22 of participation. The notification shall also include a
23 proposed date upon which participation by the
24 municipality will commence.
25 However, for any city, village or incorporated town
26 that attains a population over 5,000 inhabitants after
27 having provided social security coverage for its
28 employees under the Social Security Enabling Act,
29 participation under this Article shall not be mandatory
30 but may be elected in accordance with subparagraph (3) or
31 (4) of this paragraph (a), whichever is applicable.
32 (2) School districts, other than those specifically
33 excluded under this Article, shall be subject to this
34 Article, without election, with respect to all employees
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1 thereof.
2 (3) Towns and all other bodies politic and
3 corporate which are formed by vote of, or are subject to
4 control by, the electors in towns and are located in
5 towns which are not participating municipalities on the
6 effective date of this Act, may become subject to this
7 Article by election pursuant to Section 7-132.1.
8 (4) Any other municipality (together with its
9 instrumentalities), other than those specifically
10 excluded from participation and those described in
11 paragraph (3) above, may elect to be included either by
12 referendum under Section 7-134 or by the adoption of a
13 resolution or ordinance by its governing body. A copy of
14 such resolution or ordinance duly authenticated and
15 certified by the clerk of the municipality or other
16 appropriate official of its governing body shall
17 constitute the required notice to the board of such
18 action.
19 (b) A municipality that is about to begin participation
20 shall submit to the Board an application to participate, in a
21 form acceptable to the Board, not later than 90 days prior to
22 the proposed effective date of participation. The Board
23 shall act upon the application within 90 days, and if it
24 finds that the application is in conformity with its
25 requirements and the requirements of this Article,
26 participation by the applicant shall commence on a date
27 acceptable to the municipality and specified by the Board,
28 but in no event more than one year from the date of
29 application.
30 (c) A participating municipality which succeeds to the
31 functions of a participating municipality which is dissolved
32 or terminates its existence shall assume and be transferred
33 the net accumulation balance in the municipality reserve and
34 the municipality account receivable balance of the terminated
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1 municipality.
2 (d) In the case of a Veterans Assistance Commission
3 whose employees were being treated by the Fund on January 1,
4 1990 as employees of the county served by the Commission, the
5 Fund may continue to treat the employees of the Veterans
6 Assistance Commission as county employees for the purposes of
7 this Article, unless the Commission becomes a participating
8 instrumentality in accordance with subsection (B) of this
9 Section.
10 (B) Participating instrumentalities.
11 (a) The participating instrumentalities designated in
12 paragraph (b) of this subsection shall be included within and
13 be subject to this Article if:
14 (1) an application to participate, in a form
15 acceptable to the Board and adopted by a two-thirds vote
16 of the governing body, is presented to the Board not
17 later than 90 days prior to the proposed effective date;
18 and
19 (2) the Board finds that the application is in
20 conformity with its requirements, that the applicant has
21 reasonable expectation to continue as a political entity
22 for a period of at least 10 years and has the prospective
23 financial capacity to meet its current and future
24 obligations to the Fund, and that the actuarial soundness
25 of the Fund may be reasonably expected to be unimpaired
26 by approval of participation by the applicant.
27 The Board shall notify the applicant of its findings
28 within 90 days after receiving the application, and if the
29 Board approves the application, participation by the
30 applicant shall commence on the effective date specified by
31 the Board.
32 (b) The following participating instrumentalities, so
33 long as they meet the requirements of Section 7-108 and the
34 area served by them or within their jurisdiction is not
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1 located entirely within a municipality having more than one
2 million inhabitants, may be included hereunder:
3 i. Township School District Trustees.
4 ii. Multiple County and Consolidated Health
5 Departments created under Division 5-25 of the Counties
6 Code or its predecessor law.
7 iii. Public Building Commissions created under the
8 Public Building Commission Act, and located in counties
9 of less than 1,000,000 inhabitants.
10 iv. A multitype, consolidated or cooperative
11 library system created under the Illinois Library System
12 Act. Any library system created under the Illinois
13 Library System Act that has one or more predecessors that
14 participated in the Fund may participate in the Fund upon
15 application. The Board shall establish procedures for
16 implementing the transfer of rights and obligations from
17 the predecessor system to the successor system.
18 v. Regional Planning Commissions created under
19 Division 5-14 of the Counties Code or its predecessor
20 law.
21 vi. Local Public Housing Authorities created under
22 the Housing Authorities Act, located in counties of less
23 than 1,000,000 inhabitants.
24 vii. Illinois Municipal League.
25 viii. Northeastern Illinois Metropolitan Area
26 Planning Commission.
27 ix. Southwestern Illinois Metropolitan Area
28 Planning Commission.
29 x. Illinois Association of Park Districts.
30 xi. Illinois Supervisors, County Commissioners and
31 Superintendents of Highways Association.
32 xii. Tri-City Regional Port District.
33 xiii. An association, or not-for-profit
34 corporation, membership in which is authorized under
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1 Section 85-15 of the Township Code.
2 xiv. Drainage Districts operating under the
3 Illinois Drainage Code.
4 xv. Local mass transit districts created under the
5 Local Mass Transit District Act.
6 xvi. Soil and water conservation districts created
7 under the Soil and Water Conservation Districts Law.
8 xvii. Commissions created to provide water supply
9 or sewer services or both under Division 135 or Division
10 136 of Article 11 of the Illinois Municipal Code.
11 xviii. Public water districts created under the
12 Public Water District Act.
13 xix. Veterans Assistance Commissions established
14 under Section 9 of the Military Veterans Assistance Act
15 that serve counties with a population of less than
16 1,000,000.
17 xx. The governing body of an entity, other than a
18 vocational education cooperative, created under an
19 intergovernmental cooperative agreement established
20 between participating municipalities under the
21 Intergovernmental Cooperation Act, which by the terms of
22 the agreement is the employer of the persons performing
23 services under the agreement under the usual common law
24 rules determining the employer-employee relationship.
25 The governing body of such an intergovernmental
26 cooperative entity established prior to July 1, 1988 may
27 make participation retroactive to the effective date of
28 the agreement and, if so, the effective date of
29 participation shall be the date the required application
30 is filed with the fund. If any such entity is unable to
31 pay the required employer contributions to the fund, then
32 the participating municipalities shall make payment of
33 the required contributions and the payments shall be
34 allocated as provided in the agreement or, if not so
-36- LRB9207762EGfg
1 provided, equally among them.
2 xxi. The Illinois Municipal Electric Agency.
3 xxii. The Waukegan Port District.
4 xxiii. The Fox Waterway Agency created under the
5 Fox Waterway Agency Act.
6 xxiv. The Kaskaskia Regional Port District.
7 xxv. The Illinois Municipal Gas Agency.
8 (c) The governing boards of special education joint
9 agreements created under Section 10-22.31 of the School Code
10 without designation of an administrative district shall be
11 included within and be subject to this Article as
12 participating instrumentalities when the joint agreement
13 becomes effective. However, the governing board of any such
14 special education joint agreement in effect before September
15 5, 1975 shall not be subject to this Article unless the joint
16 agreement is modified by the school districts to provide that
17 the governing board is subject to this Article, except as
18 otherwise provided by this Section.
19 The governing board of the Special Education District of
20 Lake County shall become subject to this Article as a
21 participating instrumentality on July 1, 1997.
22 Notwithstanding subdivision (a)1 of Section 7-139, on the
23 effective date of participation, employees of the governing
24 board of the Special Education District of Lake County shall
25 receive creditable service for their prior service with that
26 employer, up to a maximum of 5 years, without any employee
27 contribution. Employees may establish creditable service for
28 the remainder of their prior service with that employer, if
29 any, by applying in writing and paying an employee
30 contribution in an amount determined by the Fund, based on
31 the employee contribution rates in effect at the time of
32 application for the creditable service and the employee's
33 salary rate on the effective date of participation for that
34 employer, plus interest at the effective rate from the date
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1 of the prior service to the date of payment. Application for
2 this creditable service must be made before July 1, 1998; the
3 payment may be made at any time while the employee is still
4 in service. The employer may elect to make the required
5 contribution on behalf of the employee.
6 The governing board of a special education joint
7 agreement created under Section 10-22.31 of the School Code
8 for which an administrative district has been designated, if
9 there are employees of the cooperative educational entity who
10 are not employees of the administrative district, may elect
11 to participate in the Fund and be included within this
12 Article as a participating instrumentality, subject to such
13 application procedures and rules as the Board may prescribe.
14 The Boards of Control of cooperative or joint educational
15 programs or projects created and administered under Section
16 3-15.14 of the School Code, whether or not the Boards act as
17 their own administrative district, shall be included within
18 and be subject to this Article as participating
19 instrumentalities when the agreement establishing the
20 cooperative or joint educational program or project becomes
21 effective.
22 The governing board of a special education joint
23 agreement entered into after June 30, 1984 and prior to
24 September 17, 1985 which provides for representation on the
25 governing board by less than all the participating districts
26 shall be included within and subject to this Article as a
27 participating instrumentality. Such participation shall be
28 effective as of the date the joint agreement becomes
29 effective.
30 The governing boards of educational service centers
31 established under Section 2-3.62 of the School Code shall be
32 included within and subject to this Article as participating
33 instrumentalities. The governing boards of vocational
34 education cooperative agreements created under the
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1 Intergovernmental Cooperation Act and approved by the State
2 Board of Education shall be included within and be subject to
3 this Article as participating instrumentalities. If any such
4 governing boards or boards of control are unable to pay the
5 required employer contributions to the fund, then the school
6 districts served by such boards shall make payment of
7 required contributions as provided in Section 7-172. The
8 payments shall be allocated among the several school
9 districts in proportion to the number of students in average
10 daily attendance for the last full school year for each
11 district in relation to the total number of students in
12 average attendance for such period for all districts served.
13 If such educational service centers, vocational education
14 cooperatives or cooperative or joint educational programs or
15 projects created and administered under Section 3-15.14 of
16 the School Code are dissolved, the assets and obligations
17 shall be distributed among the districts in the same
18 proportions unless otherwise provided.
19 (d) The governing boards of special recreation joint
20 agreements created under Section 8-10b of the Park District
21 Code, operating without designation of an administrative
22 district or an administrative municipality appointed to
23 administer the program operating under the authority of such
24 joint agreement shall be included within and be subject to
25 this Article as participating instrumentalities when the
26 joint agreement becomes effective. However, the governing
27 board of any such special recreation joint agreement in
28 effect before January 1, 1980 shall not be subject to this
29 Article unless the joint agreement is modified, by the
30 districts and municipalities which are parties to the
31 agreement, to provide that the governing board is subject to
32 this Article.
33 If the Board returns any employer and employee
34 contributions to any employer which erroneously submitted
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1 such contributions on behalf of a special recreation joint
2 agreement, the Board shall include interest computed from the
3 end of each year to the date of payment, not compounded, at
4 the rate of 7% per annum.
5 (e) Each multi-township assessment district, the board
6 of trustees of which has adopted this Article by ordinance
7 prior to April 1, 1982, shall be a participating
8 instrumentality included within and subject to this Article
9 effective December 1, 1981. The contributions required under
10 Section 7-172 shall be included in the budget prepared under
11 and allocated in accordance with Section 2-30 of the Property
12 Tax Code.
13 (f) Beginning January 1, 1992, each prospective
14 participating municipality or participating instrumentality
15 shall pay to the Fund the cost, as determined by the Board,
16 of a study prepared by the Fund or its actuary, detailing the
17 prospective costs of participation in the Fund to be expected
18 by the municipality or instrumentality.
19 (Source: P.A. 89-162, eff. 7-19-95; 90-511, eff. 8-22-97.)
20 (40 ILCS 5/7-139) (from Ch. 108 1/2, par. 7-139)
21 Sec. 7-139. Credits and creditable service to employees.
22 (a) Each participating employee shall be granted credits
23 and creditable service, for purposes of determining the
24 amount of any annuity or benefit to which he or a beneficiary
25 is entitled, as follows:
26 1. For prior service: Each participating employee
27 who is an employee of a participating municipality or
28 participating instrumentality on the effective date shall
29 be granted creditable service, but no credits under
30 paragraph 2 of this subsection (a), for periods of prior
31 service for which credit has not been received under any
32 other pension fund or retirement system established under
33 this Code, as follows:
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1 If the effective date of participation for the
2 participating municipality or participating
3 instrumentality is on or before January 1, 1998,
4 creditable service shall be granted for the entire period
5 of prior service with that employer without any employee
6 contribution.
7 If the effective date of participation for the
8 participating municipality or participating
9 instrumentality is after January 1, 1998, creditable
10 service shall be granted for the last 20% of the period
11 of prior service with that employer, but no more than 5
12 years, without any employee contribution. A
13 participating employee may establish creditable service
14 for the remainder of the period of prior service with
15 that employer by making an application in writing,
16 accompanied by payment of an employee contribution in an
17 amount determined by the Fund, based on the employee
18 contribution rates in effect at the time of application
19 for the creditable service and the employee's salary rate
20 on the effective date of participation for that employer,
21 plus interest at the effective rate from the date of the
22 prior service to the date of payment. Application for
23 this creditable service may be made at any time while the
24 employee is still in service.
25 Any person who has withdrawn from the service of a
26 participating municipality or participating
27 instrumentality prior to the effective date, who reenters
28 the service of the same municipality or participating
29 instrumentality after the effective date and becomes a
30 participating employee is entitled to creditable service
31 for prior service as otherwise provided in this
32 subdivision (a)(1) only if he or she renders 2 years of
33 service as a participating employee after the effective
34 date. Application for such service must be made while in
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1 a participating status. The salary rate to be used in
2 the calculation of the required employee contribution, if
3 any, shall be the employee's salary rate at the time of
4 first reentering service with the employer after the
5 employer's effective date of participation.
6 2. For current service, each participating employee
7 shall be credited with:
8 a. Additional credits of amounts equal to each
9 payment of additional contributions received from
10 him under Section 7-173, as of the date the
11 corresponding payment of earnings is payable to him.
12 b. Normal credits of amounts equal to each
13 payment of normal contributions received from him,
14 as of the date the corresponding payment of earnings
15 is payable to him, and normal contributions made for
16 the purpose of establishing out-of-state service
17 credits as permitted under the conditions set forth
18 in paragraph 6 of this subsection (a).
19 c. Municipality credits in an amount equal to
20 1.4 times the normal credits, except those
21 established by out-of-state service credits, as of
22 the date of computation of any benefit if these
23 credits would increase the benefit.
24 d. Survivor credits equal to each payment of
25 survivor contributions received from the
26 participating employee as of the date the
27 corresponding payment of earnings is payable, and
28 survivor contributions made for the purpose of
29 establishing out-of-state service credits.
30 3. For periods of temporary and total and permanent
31 disability benefits, each employee receiving disability
32 benefits shall be granted creditable service for the
33 period during which disability benefits are payable.
34 Normal and survivor credits, based upon the rate of
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1 earnings applied for disability benefits, shall also be
2 granted if such credits would result in a higher benefit
3 to any such employee or his beneficiary.
4 4. For authorized leave of absence without pay: A
5 participating employee shall be granted credits and
6 creditable service for periods of authorized leave of
7 absence without pay under the following conditions:
8 a. An application for credits and creditable
9 service is submitted to the board while the employee
10 is in a status of active employment, and within 2
11 years after termination of the leave of absence
12 period for which credits and creditable service are
13 sought.
14 b. Not more than 12 complete months of
15 creditable service for authorized leave of absence
16 without pay shall be counted for purposes of
17 determining any benefits payable under this Article.
18 c. Credits and creditable service shall be
19 granted for leave of absence only if such leave is
20 approved by the governing body of the municipality,
21 including approval of the estimated cost thereof to
22 the municipality as determined by the fund, and
23 employee contributions, plus interest at the
24 effective rate applicable for each year from the end
25 of the period of leave to date of payment, have been
26 paid to the fund in accordance with Section 7-173.
27 The contributions shall be computed upon the
28 assumption earnings continued during the period of
29 leave at the rate in effect when the leave began.
30 d. Benefits under the provisions of Sections
31 7-141, 7-146, 7-150 and 7-163 shall become payable
32 to employees on authorized leave of absence, or
33 their designated beneficiary, only if such leave of
34 absence is creditable hereunder, and if the employee
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1 has at least one year of creditable service other
2 than the service granted for leave of absence. Any
3 employee contributions due may be deducted from any
4 benefits payable.
5 e. No credits or creditable service shall be
6 allowed for leave of absence without pay during any
7 period of prior service.
8 5. For military service: The governing body of a
9 municipality or participating instrumentality may elect
10 to allow creditable service to participating employees
11 who leave their employment to serve in the armed forces
12 of the United States for all periods of such service,
13 provided that the person returns to active employment
14 within 90 days after completion of full time active duty,
15 but no creditable service shall be allowed such person
16 for any period that can be used in the computation of a
17 pension or any other pay or benefit, other than pay for
18 active duty, for service in any branch of the armed
19 forces of the United States. If necessary to the
20 computation of any benefit, the board shall establish
21 municipality credits for participating employees under
22 this paragraph on the assumption that the employee
23 received earnings at the rate received at the time he
24 left the employment to enter the armed forces. A
25 participating employee in the armed forces shall not be
26 considered an employee during such period of service and
27 no additional death and no disability benefits are
28 payable for death or disability during such period.
29 Any participating employee who left his employment
30 with a municipality or participating instrumentality to
31 serve in the armed forces of the United States and who
32 again became a participating employee within 90 days
33 after completion of full time active duty by entering the
34 service of a different municipality or participating
-44- LRB9207762EGfg
1 instrumentality, which has elected to allow creditable
2 service for periods of military service under the
3 preceding paragraph, shall also be allowed creditable
4 service for his period of military service on the same
5 terms that would apply if he had been employed, before
6 entering military service, by the municipality or
7 instrumentality which employed him after he left the
8 military service and the employer costs arising in
9 relation to such grant of creditable service shall be
10 charged to and paid by that municipality or
11 instrumentality.
12 Notwithstanding the foregoing, any participating
13 employee shall be entitled to creditable service as
14 required by any federal law relating to re-employment
15 rights of persons who served in the United States Armed
16 Services. Such creditable service shall be granted upon
17 payment by the member of an amount equal to the employee
18 contributions which would have been required had the
19 employee continued in service at the same rate of
20 earnings during the military leave period, plus interest
21 at the effective rate.
22 5.1. In addition to any creditable service
23 established under paragraph 5 of this subsection (a),
24 creditable service may be granted for up to 24 months of
25 service in the armed forces of the United States.
26 In order to receive creditable service for military
27 service under this paragraph 5.1, a participating
28 employee must (1) apply to the Fund in writing and
29 provide evidence of the military service that is
30 satisfactory to the Board; (2) obtain the written
31 approval of the current employer; and (3) make
32 contributions to the Fund equal to (i) the employee
33 contributions that would have been required had the
34 service been rendered as a member, plus (ii) an amount
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1 determined by the board to be equal to the employer's
2 normal cost of the benefits accrued for that military
3 service, plus (iii) interest on items (i) and (ii) from
4 the date of first membership in the Fund to the date of
5 payment. If payment is made during the 6-month period
6 that begins 3 months after the effective date of this
7 amendatory Act of 1997, the required interest shall be at
8 the rate of 2.5% per year, compounded annually;
9 otherwise, the required interest shall be calculated at
10 the regular interest rate.
11 6. For out-of-state service: Creditable service
12 shall be granted for service rendered to an out-of-state
13 local governmental body under the following conditions:
14 The employee had participated and has irrevocably
15 forfeited all rights to benefits in the out-of-state
16 public employees pension system; the governing body of
17 his participating municipality or instrumentality
18 authorizes the employee to establish such service; the
19 employee has 2 years current service with this
20 municipality or participating instrumentality; the
21 employee makes a payment of contributions, which shall be
22 computed at 8% (normal) plus 2% (survivor) times length
23 of service purchased times the average rate of earnings
24 for the first 2 years of service with the municipality or
25 participating instrumentality whose governing body
26 authorizes the service established plus interest at the
27 effective rate on the date such credits are established,
28 payable from the date the employee completes the required
29 2 years of current service to date of payment. In no
30 case shall more than 120 months of creditable service be
31 granted under this provision.
32 7. For retroactive service: Any employee who could
33 have but did not elect to become a participating
34 employee, or who should have been a participant in the
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1 Municipal Public Utilities Annuity and Benefit Fund
2 before that fund was superseded, may receive creditable
3 service for the period of service not to exceed 50
4 months; however, a current or former elected or appointed
5 official of a participating municipality county board
6 member may establish credit under this paragraph 7 for
7 more than 50 months of service as an official of that
8 municipality, a member of the county board if the excess
9 over 50 months is approved by resolution of the governing
10 body of the affected municipality county board filed with
11 the Fund before January 1, 2002 1999.
12 Any employee who is a participating employee on or
13 after September 24, 1981 and who was excluded from
14 participation by the age restrictions removed by Public
15 Act 82-596 may receive creditable service for the period,
16 on or after January 1, 1979, excluded by the age
17 restriction and, in addition, if the governing body of
18 the participating municipality or participating
19 instrumentality elects to allow creditable service for
20 all employees excluded by the age restriction prior to
21 January 1, 1979, for service during the period prior to
22 that date excluded by the age restriction. Any employee
23 who was excluded from participation by the age
24 restriction removed by Public Act 82-596 and who is not a
25 participating employee on or after September 24, 1981 may
26 receive creditable service for service after January 1,
27 1979. Creditable service under this paragraph shall be
28 granted upon payment of the employee contributions which
29 would have been required had he participated, with
30 interest at the effective rate for each year from the end
31 of the period of service established to date of payment.
32 8. For accumulated unused sick leave: A
33 participating employee who is applying for a retirement
34 annuity shall be entitled to creditable service for that
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1 portion of the employee's accumulated unused sick leave
2 for which payment is not received, as follows:
3 a. Sick leave days shall be limited to those
4 accumulated under a sick leave plan established by a
5 participating municipality or participating
6 instrumentality which is available to all employees
7 or a class of employees.
8 b. Only sick leave days accumulated with a
9 participating municipality or participating
10 instrumentality with which the employee was in
11 service within 60 days of the effective date of his
12 retirement annuity shall be credited; If the
13 employee was in service with more than one employer
14 during this period only the sick leave days with the
15 employer with which the employee has the greatest
16 number of unpaid sick leave days shall be
17 considered.
18 c. The creditable service granted shall be
19 considered solely for the purpose of computing the
20 amount of the retirement annuity and shall not be
21 used to establish any minimum service period
22 required by any provision of the Illinois Pension
23 Code, the effective date of the retirement annuity,
24 or the final rate of earnings.
25 d. The creditable service shall be at the rate
26 of 1/20 of a month for each full sick day, provided
27 that no more than 12 months may be credited under
28 this subdivision 8.
29 e. Employee contributions shall not be
30 required for creditable service under this
31 subdivision 8.
32 f. Each participating municipality and
33 participating instrumentality with which an employee
34 has service within 60 days of the effective date of
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1 his retirement annuity shall certify to the board
2 the number of accumulated unpaid sick leave days
3 credited to the employee at the time of termination
4 of service.
5 9. For service transferred from another system:
6 Credits and creditable service shall be granted for
7 service under Article 3, 4, 5, 14 or 16 of this Act, to
8 any active member of this Fund, and to any inactive
9 member who has been a county sheriff, upon transfer of
10 such credits pursuant to Section 3-110.3, 4-108.3, 5-235,
11 14-105.6 or 16-131.4, and payment by the member of the
12 amount by which (1) the employer and employee
13 contributions that would have been required if he had
14 participated in this Fund as a sheriff's law enforcement
15 employee during the period for which credit is being
16 transferred, plus interest thereon at the effective rate
17 for each year, compounded annually, from the date of
18 termination of the service for which credit is being
19 transferred to the date of payment, exceeds (2) the
20 amount actually transferred to the Fund. Such transferred
21 service shall be deemed to be service as a sheriff's law
22 enforcement employee for the purposes of Section 7-142.1.
23 (b) Creditable service - amount:
24 1. One month of creditable service shall be allowed
25 for each month for which a participating employee made
26 contributions as required under Section 7-173, or for
27 which creditable service is otherwise granted hereunder.
28 Not more than 1 month of service shall be credited and
29 counted for 1 calendar month, and not more than 1 year of
30 service shall be credited and counted for any calendar
31 year. A calendar month means a nominal month beginning
32 on the first day thereof, and a calendar year means a
33 year beginning January 1 and ending December 31.
34 2. A seasonal employee shall be given 12 months of
-49- LRB9207762EGfg
1 creditable service if he renders the number of months of
2 service normally required by the position in a 12-month
3 period and he remains in service for the entire 12-month
4 period. Otherwise a fractional year of service in the
5 number of months of service rendered shall be credited.
6 3. An intermittent employee shall be given
7 creditable service for only those months in which a
8 contribution is made under Section 7-173.
9 (c) No application for correction of credits or
10 creditable service shall be considered unless the board
11 receives an application for correction while (1) the
12 applicant is a participating employee and in active
13 employment with a participating municipality or
14 instrumentality, or (2) while the applicant is actively
15 participating in a pension fund or retirement system which is
16 a participating system under the Retirement Systems
17 Reciprocal Act. A participating employee or other applicant
18 shall not be entitled to credits or creditable service unless
19 the required employee contributions are made in a lump sum or
20 in installments made in accordance with board rule.
21 (d) Upon the granting of a retirement, surviving spouse
22 or child annuity, a death benefit or a separation benefit, on
23 account of any employee, all individual accumulated credits
24 shall thereupon terminate. Upon the withdrawal of additional
25 contributions, the credits applicable thereto shall thereupon
26 terminate. Terminated credits shall not be applied to
27 increase the benefits any remaining employee would otherwise
28 receive under this Article.
29 (Source: P.A. 90-448, eff. 8-16-97; 91-887, eff. 7-6-00.)
30 (40 ILCS 5/7-139.7) (from Ch. 108 1/2, par. 7-139.7)
31 Sec. 7-139.7. Transfer to Article 14.
32 (a) Until January 31, 1994, any active member of the
33 State Employees' Retirement System who is a State policeman,
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1 a conservation police officer, or an investigator for the
2 Secretary of State may apply for transfer of his creditable
3 service accumulated under this Article for service as a
4 sheriff's law enforcement employee, or service as a municipal
5 conservator of the peace, certified under the Police Training
6 Act, to the State Employees' Retirement System. At the time
7 of the transfer the Fund shall pay to the State Employees'
8 Retirement System an amount equal to:
9 (1) the amounts accumulated to the credit of the
10 applicant for such service on the books of the Fund on
11 the date of transfer; and
12 (2) the corresponding municipality credits,
13 including interest, on the books of the Fund on the date
14 of transfer; and
15 (3) any interest paid by the applicant in order to
16 reinstate such service.
17 Participation in this Fund with respect to the transferred
18 credits shall terminate on the date of transfer.
19 (b) Until January 31, 1993, any such State policeman,
20 conservation police officer or investigator for the Secretary
21 of State may reinstate service that was terminated by receipt
22 of a refund, by paying to the Fund the amount of the refund
23 with interest thereon at the effective rate from the date of
24 refund to the date of payment.
25 (c) Until July 1, 2002, any active member of the State
26 Employees' Retirement System who is a State policeman may
27 apply for transfer of all or a portion of his or her
28 creditable service accumulated under this Article for service
29 as a Metropolitan Enforcement Group agent employed by a
30 police department to the State Employees' Retirement System
31 in accordance with Section 14-110. At the time of the
32 transfer the Fund shall pay to the State Employees'
33 Retirement System an amount equal to:
34 (1) the amounts accumulated to the credit of the
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1 applicant for the service to be transferred on the books
2 of the Fund on the date of transfer; and
3 (2) the corresponding municipality credits,
4 including interest, on the books of the Fund on the date
5 of transfer.
6 Participation in this Fund with respect to the transferred
7 credits shall terminate on the date of transfer.
8 (Source: P.A. 87-794; 87-850; 87-1265.)
9 (40 ILCS 5/7-139.8) (from Ch. 108 1/2, par. 7-139.8)
10 Sec. 7-139.8. Transfer to Article 14 System.
11 (a) Any active member of the State Employees' Retirement
12 System who is an investigator for the Office of the State's
13 Attorneys Appellate Prosecutor, an investigator for the
14 Office of the Attorney General, or a controlled substance
15 inspector may apply for transfer of some or all of his or her
16 credits and creditable service accumulated in this Fund for
17 service as a sheriff's law enforcement employee or service as
18 a municipal conservator of the peace certified under the
19 Police Training Act, to the State Employees' Retirement
20 System in accordance with Section 14-110. The creditable
21 service shall be transferred only upon payment by this Fund
22 to the State Employees' Retirement System of an amount equal
23 to:
24 (1) the amounts accumulated to the credit of the
25 applicant for the service to be transferred as a
26 sheriff's law enforcement employee, including interest;
27 and
28 (2) municipality credits based on such service,
29 including interest; and
30 (3) any interest paid by the applicant to reinstate
31 such service.
32 Participation in this Fund as to any credits transferred
33 under this Section shall terminate on the date of transfer.
-52- LRB9207762EGfg
1 (b) Any such investigator or inspector may reinstate
2 credits and creditable service terminated upon receipt of a
3 separation benefit, by paying to the Fund the amount of the
4 separation benefit plus interest thereon at the rate of 6%
5 per year to the date of payment.
6 (Source: P.A. 90-32, eff. 6-27-97.)
7 (40 ILCS 5/8-110) (from Ch. 108 1/2, par. 8-110)
8 Sec. 8-110. Employer. "Employer":
9 (1) a city of more than 500,000 inhabitants;
10 (2) or the Board of Education of the such city, with
11 respect to any of its employees who participate in this Fund;
12 (3) the Chicago Housing Authority, with respect to any
13 of its employees who participate in this Fund subject to the
14 provisions of Section 8-230.9;
15 (4) the Public Building Commission of the city, with
16 respect to any of its employees who participate in this Fund;
17 and
18 (5) to which this Article applies, or the Retirement
19 Board.
20 (Source: Laws 1968, p. 181.)
21 (40 ILCS 5/8-113) (from Ch. 108 1/2, par. 8-113)
22 Sec. 8-113. Municipal employee, employee, contributor,
23 or participant. "Municipal employee", "employee",
24 "contributor", or "participant":
25 (a) Any employee of an employer employed in the
26 classified civil service thereof other than by temporary
27 appointment or in a position excluded or exempt from the
28 classified service by the Civil Service Act, or in the case
29 of a city operating under a personnel ordinance, any employee
30 of an employer employed in the classified or career service
31 under the provisions of a personnel ordinance, other than in
32 a provisional or exempt position as specified in such
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1 ordinance or in rules and regulations formulated thereunder.
2 (b) Any employee in the service of an employer before
3 the Civil Service Act came in effect for the employer.
4 (c) Any person employed by the board.
5 (d) Any person employed after December 31, 1949, but
6 prior to January 1, 1984, in the service of the employer by
7 temporary appointment or in a position exempt from the
8 classified service as set forth in the Civil Service Act, or
9 in a provisional or exempt position as specified in the
10 personnel ordinance, who meets the following qualifications:
11 (1) has rendered service during not less than 12
12 calendar months to an employer as an employee, officer, or
13 official, 4 months of which must have been consecutive full
14 normal working months of service rendered immediately prior
15 to filing application to be included; and
16 (2) files written application with the board, while in
17 the service, to be included hereunder.
18 (e) After December 31, 1949, any alderman or other
19 officer or official of the employer, who files, while in
20 office, written application with the board to be included
21 hereunder.
22 (f) Beginning January 1, 1984, any person employed by an
23 employer other than the Chicago Housing Authority or the
24 Public Building Commission of the city, whether or not such
25 person is serving by temporary appointment or in a position
26 exempt from the classified service as set forth in the Civil
27 Service Act, or in a provisional or exempt position as
28 specified in the personnel ordinance, provided that such
29 person is neither (1) an alderman or other officer or
30 official of the employer, nor (2) participating, on the basis
31 of such employment, in any other pension fund or retirement
32 system established under this Act.
33 (g) After December 31, 1959, any person employed in the
34 law department of the city, or municipal court or Board of
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1 Election Commissioners of the city, who was a contributor and
2 participant, on December 31, 1959, in the annuity and benefit
3 fund in operation in the city on said date, by virtue of the
4 Court and Law Department Employees' Annuity Act or the Board
5 of Election Commissioners Employees' Annuity Act.
6 After December 31, 1959, the foregoing definition
7 includes any other person employed or to be employed in the
8 law department, or municipal court (other than as a judge),
9 or Board of Election Commissioners (if his salary is provided
10 by appropriation of the city council of the city and his
11 salary paid by the city) -- subject, however, in the case of
12 such persons not participants on December 31, 1959, to
13 compliance with the same qualifications and restrictions
14 otherwise set forth in this Section and made generally
15 applicable to employees or officers of the city concerning
16 eligibility for participation or membership.
17 (h) After December 31, 1965, any person employed in the
18 public library of the city -- and any other person -- who was
19 a contributor and participant, on December 31, 1965, in the
20 pension fund in operation in the city on said date, by virtue
21 of the Public Library Employees' Pension Act.
22 (i) After December 31, 1968, any person employed in the
23 house of correction of the city, who was a contributor and
24 participant, on December 31, 1968, in the pension fund in
25 operation in the city on said date, by virtue of the House of
26 Correction Employees' Pension Act.
27 (j) Any person employed full-time on or after the
28 effective date of this amendatory Act of the 92nd General
29 Assembly by the Chicago Housing Authority who has elected to
30 participate in this Fund as provided in subsection (a) of
31 Section 8-230.9.
32 (k) Any person employed full-time by the Public Building
33 Commission of the city who has elected to participate in this
34 Fund as provided in subsection (d) of Section 8-230.7.
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1 (Source: P.A. 83-802.)
2 (40 ILCS 5/8-120) (from Ch. 108 1/2, par. 8-120)
3 Sec. 8-120. Child or children. "Child" or "children":
4 The natural child or children, or any child or children
5 legally adopted by an employee at least one year prior to the
6 date any benefit for the child or children accrues, and so
7 adopted prior to the date the employee attained age 55.
8 (Source: P.A. 84-1028.)
9 (40 ILCS 5/8-150.1) (from Ch. 108 1/2, par. 8-150.1)
10 Sec. 8-150.1. Minimum annuities for widows. The widow
11 (otherwise eligible for widow's annuity under other Sections
12 of this Article 8) of an employee hereinafter described, who
13 retires from service or dies while in the service subsequent
14 to the effective date of this amendatory provision, and for
15 which widow the amount of widow's annuity and widow's prior
16 service annuity combined, fixed or provided for such widow
17 under other provisions of this Article is less than the
18 amount provided in this Section, shall, from and after the
19 date her otherwise provided annuity would begin, in lieu of
20 such otherwise provided widow's and widow's prior service
21 annuity, be entitled to the following indicated amount of
22 annuity:
23 (a) The widow of any employee who dies while in service
24 on or after the date on which he attains age 60 if the death
25 occurs before July 1, 1990, or on or after the date on which
26 he attains age 55 if the death occurs on or after July 1,
27 1990, with at least 20 years of service, or on or after the
28 date on which he attains age 50 if the death occurs on or
29 after the effective date of this amendatory Act of 1997 with
30 at least 30 years of service, shall be entitled to an annuity
31 equal to one-half of the amount of annuity which her deceased
32 husband would have been entitled to receive had he withdrawn
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1 from the service on the day immediately preceding the date of
2 his death, conditional upon such widow having attained the
3 age of 60 or more years on such date if the death occurs
4 before July 1, 1990, or age 55 or more if the death occurs on
5 or after July 1, 1990, or age 50 or more if the death occurs
6 on or after January 1, 1998 and the employee is age 50 or
7 over with at least 30 years of service or age 55 or over with
8 at least 25 years of service. Except as provided in
9 subsection (k), this widow's annuity shall not, however,
10 exceed the sum of $500 a month if the employee's death in
11 service occurs before January 23, 1987. The widow's annuity
12 shall not be limited to a maximum dollar amount if the
13 employee's death in service occurs on or after January 23,
14 1987.
15 If the employee dies in service before July 1, 1990, and
16 if such widow of such described employee shall not be 60 or
17 more years of age on such date of death, the amount provided
18 in the immediately preceding paragraph for a widow 60 or more
19 years of age, shall, in the case of such younger widow, be
20 reduced by 0.25% for each month that her then attained age is
21 less than 60 years if the employee was born before January 1,
22 1936 or dies in service on or after January 1, 1988, or by
23 0.5% for each month that her then attained age is less than
24 60 years if the employee was born on or after July 1, 1936
25 and dies in service before January 1, 1988.
26 If the employee dies in service on or after July 1, 1990,
27 and if the widow of the employee has not attained age 55 on
28 or before the employee's date of death, the amount otherwise
29 provided in this subsection (a) shall be reduced by 0.25% for
30 each month that her then attained age is less than 55 years;
31 except that if the employee dies in service on or after
32 January 1, 1998 at age 50 or over with at least 30 years of
33 service or at age 55 or over with at least 25 years of
34 service, there shall be no reduction due to the widow's age
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1 if she has attained age 50 on or before the employee's date
2 of death, and if the widow has not attained age 50 on or
3 befor