State of Illinois
92nd General Assembly
Legislation

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92_SB0803

 
                                               LRB9208102LDcs

 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 8-120, 8-137, 8-138, 8-150.1, 8-158, 8-161,
 6    8-168,  8-171,  11-134,  11-134.1,  11-145.1, 11-153, 11-156,
 7    11-164, and 11-167 as follows:

 8        (40 ILCS 5/8-120) (from Ch. 108 1/2, par. 8-120)
 9        Sec. 8-120.  Child or children.  "Child"  or  "children":
10    The  natural  child  or  children,  or  any child or children
11    legally adopted by an employee at least one year prior to the
12    date any benefit for the child or children  accrues,  and  so
13    adopted prior to the date the employee attained age 55.
14    (Source: P.A. 84-1028.)

15        (40 ILCS 5/8-137) (from Ch. 108 1/2, par. 8-137)
16        Sec. 8-137.  Automatic increase in annuity.
17        (a)  An  employee  who  retired  or  retires from service
18    after December 31, 1959 and before January  1,  1987,  having
19    attained  age 60 or more, shall, in January of the year after
20    the year in which the first anniversary of retirement occurs,
21    have the amount of his then fixed and payable monthly annuity
22    increased by 1 1/2%, and such first fixed annuity as  granted
23    at  retirement  increased  by  a further 1 1/2% in January of
24    each year thereafter.  Beginning with  January  of  the  year
25    1972,  such  increases  shall be at the rate of 2% in lieu of
26    the aforesaid specified 1 1/2%, and beginning with January of
27    the year 1984 such increases shall be  at  the  rate  of  3%.
28    Beginning  in January of 1999, such increases shall be at the
29    rate  of  3%  of  the  currently  payable  monthly   annuity,
30    including   any   increases  previously  granted  under  this
 
                            -2-                LRB9208102LDcs
 1    Article.  An employee who retires on annuity  after  December
 2    31, 1959 and before January 1, 1987, but before age 60, shall
 3    receive such increases beginning in January of the year after
 4    the year in which he attains age 60.
 5        An  employee who retires from service on or after January
 6    1, 1987 shall, upon the first annuity payment date  following
 7    the  first anniversary of the date of retirement, or upon the
 8    first annuity payment date following attainment  of  age  60,
 9    whichever  occurs  later,  have  his  then  fixed and payable
10    monthly annuity increased by 3%, and such  annuity  shall  be
11    increased  by  an additional 3% of the original fixed annuity
12    on the same date each year thereafter.  Beginning in  January
13    of  1999,  such  increases  shall be at the rate of 3% of the
14    currently payable monthly annuity,  including  any  increases
15    previously granted under this Article.
16        (a-5)  Notwithstanding  the provisions of subsection (a),
17    upon the first annuity payment date following (1)  the  third
18    anniversary  of  retirement, (2) the attainment of age 53, or
19    (3) the date  60  days  after  the  effective  date  of  this
20    amendatory Act of the 92nd General Assembly, whichever occurs
21    latest,  the  monthly  pension  of an employee who retires on
22    annuity prior to  the  attainment  of  age  60  who  has  not
23    received  an increase under subsection (a) shall be increased
24    by 3%, and such annuity shall be increased by  an  additional
25    3%  of  the  current  payable monthly annuity, including such
26    increases previously granted under this Article, on the  same
27    date  each year thereafter. The increases provided under this
28    subsection  are  in  lieu  of  the  increases   provided   in
29    subsection (a).
30        (b)  Subsections   (a)   and   (a-5)  are  The  foregoing
31    provision is not  applicable  to  an  employee  retiring  and
32    receiving  a  term  annuity,  as  herein  defined, nor to any
33    otherwise qualified employee  who  retires  before  he  makes
34    employee  contributions (at the 1/2 of 1% rate as provided in
 
                            -3-                LRB9208102LDcs
 1    this Act) for this additional annuity for not less  than  the
 2    equivalent  of  one  full year. Such employee, however, shall
 3    make arrangement to pay to the fund a balance of such 1/2  of
 4    1%  contributions,  based  on his final salary, as will bring
 5    such 1/2 of 1% contributions, computed without  interest,  to
 6    the equivalent of or completion of one year's contributions.
 7        Beginning   with   January,  1960,  each  employee  shall
 8    contribute by means of salary deductions 1/2 of  1%  of  each
 9    salary  payment,  concurrently  with  and  in addition to the
10    employee contributions otherwise made for annuity purposes.
11        Each such additional contribution shall be credited to an
12    account in the prior service annuity  reserve,  to  be  used,
13    together  with  city contributions, to defray the cost of the
14    specified annuity increments. Any balance in such account  at
15    the  beginning  of  each calendar year shall be credited with
16    interest at the rate of 3% per annum.
17        Such   additional   employee   contributions   are    not
18    refundable,  except  to an employee who withdraws and applies
19    for refund under this Article, and  in  cases  where  a  term
20    annuity  becomes  payable.  In  such  cases his contributions
21    shall be refunded, without  interest,  and  charged  to  such
22    account in the prior service annuity reserve.
23    (Source: P.A. 90-766, eff. 8-14-98.)

24        (40 ILCS 5/8-138) (from Ch. 108 1/2, par. 8-138)
25        Sec. 8-138.  Minimum annuities - Additional provisions.
26        (a)  An  employee who withdraws after age 65 or more with
27    at least 20 years of service, for whom the amount of age  and
28    service  and  prior service annuity combined is less than the
29    amount stated  in  this  Section,  shall  from  the  date  of
30    withdrawal,  instead  of all annuities otherwise provided, be
31    entitled to receive an annuity for life of $150 a year,  plus
32    1  1/2%  for each year of service, to and including 20 years,
33    and 1 2/3% for each year of service over  20  years,  of  his
 
                            -4-                LRB9208102LDcs
 1    highest  average  annual  salary  for any 4 consecutive years
 2    within the last 10 years of service immediately preceding the
 3    date of withdrawal.
 4        An employee who withdraws  after  20  or  more  years  of
 5    service, before age 65, shall be entitled to such annuity, to
 6    begin not earlier than upon attained age of 55 years if under
 7    such  age  at withdrawal, reduced by 2% for each full year or
 8    fractional part thereof that his attained age  is  less  than
 9    65,  plus  an  additional  2% reduction for each full year or
10    fractional part thereof that his attained age when annuity is
11    to begin is less than 60 so that the total reduction  at  age
12    55 shall be 30%.
13        (b)  An employee who withdraws after July 1, 1957, at age
14    60  or  over,  with 20 or more years of service, for whom the
15    age and service and prior service annuity combined,  is  less
16    than  the  amount  stated  in this paragraph, shall, from the
17    date of withdrawal, instead of such annuities, be entitled to
18    receive an annuity for life equal to 1 2/3% for each year  of
19    service,  of  the  highest  average  annual  salary for any 5
20    consecutive  years  within  the  last  10  years  of  service
21    immediately preceding the date of withdrawal; provided,  that
22    in the case of any employee who withdraws on or after July 1,
23    1971,  such  employee age 60 or over with 20 or more years of
24    service, shall receive an annuity for life equal to 1.67% for
25    each of the first 10 years of service; 1.90% for each of  the
26    next  10  years of service; 2.10% for each year of service in
27    excess of 20 but not exceeding 30; and 2.30% for each year of
28    service in excess of 30, based on the highest average  annual
29    salary  for  any 4 consecutive years within the last 10 years
30    of service immediately preceding the date of withdrawal.
31        An employee who withdraws after July 1, 1957  and  before
32    January 1, 1988, with 20 or more years of service, before age
33    60  years  is  entitled to annuity, to begin not earlier than
34    upon  attained  age  of  55  years,  if  under  such  age  at
 
                            -5-                LRB9208102LDcs
 1    withdrawal, as computed  in  the  last  preceding  paragraph,
 2    reduced  0.25% for each full month or fractional part thereof
 3    that his attained age when annuity is to begin is  less  than
 4    60  if  the employee was born before January 1, 1936, or 0.5%
 5    for each such month if the employee  was  born  on  or  after
 6    January 1, 1936.
 7        Any  employee  born before January 1, 1936, who withdraws
 8    with 20 or more years of service, and any employee with 20 or
 9    more years of service who withdraws on or  after  January  1,
10    1988,  may  elect  to  receive, in lieu of any other employee
11    annuity provided in this Section, an annuity for  life  equal
12    to 1.80% for each of the first 10 years of service, 2.00% for
13    each  of the next 10 years of service, 2.20% for each year of
14    service in excess of 20 but not exceeding 30, and  2.40%  for
15    each  year of service in excess of 30, of the highest average
16    annual salary for any 4 consecutive years within the last  10
17    years   of   service   immediately   preceding  the  date  of
18    withdrawal, to begin not earlier than upon attained age of 55
19    years, if under such age at  withdrawal,  reduced  0.25%  for
20    each  full month or fractional part thereof that his attained
21    age when annuity is to begin is less than 60; except that  an
22    employee  retiring  on or after January 1, 1988, at age 55 or
23    over but less than age  60,  having  at  least  35  years  of
24    service, or an employee retiring on or after July 1, 1990, at
25    age 55 or over but less than age 60, having at least 30 years
26    of service, or an employee retiring on or after the effective
27    date  of  this  amendatory Act of 1997, at age 55 or over but
28    less than age 60, having at least 25 years of service,  shall
29    not be subject to the reduction in retirement annuity because
30    of retirement below age 60.
31        However,  in  the  case  of an employee who retired on or
32    after January 1, 1985 but before January 1, 1988, at  age  55
33    or  older  and with at least 35 years of service, and who was
34    subject  under  this  subsection  (b)  to  the  reduction  in
 
                            -6-                LRB9208102LDcs
 1    retirement annuity because of retirement below age  60,  that
 2    reduction  shall  cease  to be effective January 1, 1991, and
 3    the retirement annuity shall be recalculated accordingly.
 4        Any employee who withdraws on or after July 1, 1990, with
 5    20 or more years of service, may elect to receive, in lieu of
 6    any other employee  annuity  provided  in  this  Section,  an
 7    annuity  for  life equal to 2.20% for each year of service if
 8    withdrawal is before 60 days after the effective date of this
 9    amendatory Act of the 92nd General  Assembly,  or  2.40%  for
10    each  year  of  service  if  withdrawal  is 60 days after the
11    effective date of this amendatory Act  of  the  92nd  General
12    Assembly  or  later, of the highest average annual salary for
13    any 4 consecutive years within the last 10 years  of  service
14    immediately  preceding  the  date of withdrawal, to begin not
15    earlier than upon attained age of 55 years, if under such age
16    at  withdrawal,  reduced  0.25%  for  each  full   month   or
17    fractional part thereof that his attained age when annuity is
18    to begin is less than 60; except that an employee retiring at
19    age 55 or over but less than age 60, having at least 30 years
20    of  service,  shall  not  be  subject  to  the  reduction  in
21    retirement annuity because of retirement below age 60.
22        Any employee who withdraws on or after the effective date
23    of  this  amendatory  Act  of  1997  with 20 or more years of
24    service may elect to receive, in lieu of any  other  employee
25    annuity  provided  in this Section, an annuity for life equal
26    to 2.20%, for each year of service, if withdrawal  is  before
27    60  days  after  the effective date of this amendatory Act of
28    the 92nd General Assembly, or 2.40% for each year of  service
29    if  withdrawal  is  60  days after the effective date of this
30    amendatory Act of the 92nd General Assembly or later, of  the
31    highest  average  annual  salary  for any 4 consecutive years
32    within the last 10 years of service immediately preceding the
33    date of withdrawal, to begin not earlier than upon attainment
34    of age 55 (age 50 if the employee has at least  30  years  of
 
                            -7-                LRB9208102LDcs
 1    service),  reduced  0.25%  for  each  full month or remaining
 2    fractional part thereof that the employee's attained age when
 3    annuity is to begin is less than 60; except that an  employee
 4    retiring  at age 50 or over with at least 30 years of service
 5    or at age 55 or over with at least 25 years of service  shall
 6    not be subject to the reduction in retirement annuity because
 7    of retirement below age 60.
 8        The  maximum  annuity  payable  under part (a) and (b) of
 9    this Section shall not exceed 70% of highest  average  annual
10    salary in the case of an employee who withdraws prior to July
11    1,  1971,  and 75% if withdrawal takes place on or after July
12    1, 1971 and prior to 60 days after the effective date of this
13    amendatory Act of  the  92nd  General  Assembly,  or  80%  if
14    withdrawal  is  60  days  after  the  effective  date of this
15    amendatory Act of the 92nd General Assembly or later. For the
16    purpose of the  minimum  annuity  provided  in  this  Section
17    $1,500  is considered the minimum annual salary for any year;
18    and the maximum annual salary for  the  computation  of  such
19    annuity  is  $4,800  for  any year before 1953, $6000 for the
20    years 1953 to 1956, inclusive, and the actual annual  salary,
21    as   salary   is  defined  in  this  Article,  for  any  year
22    thereafter.
23        To preserve rights existing on  December  31,  1959,  for
24    participants  and  contributors  on  that  date  to  the fund
25    created by the Court and Law  Department  Employees'  Annuity
26    Act,  who  became  participants  in  the fund provided for on
27    January 1, 1960, the maximum annual salary to  be  considered
28    for such persons for the years 1955 and 1956 is $7,500.
29        (c)  For  an  employee  receiving disability benefit, his
30    salary for annuity purposes under paragraphs (a) and  (b)  of
31    this   Section,   for   all  periods  of  disability  benefit
32    subsequent to the year 1956,  is  the  amount  on  which  his
33    disability benefit was based.
34        (d)  An  employee with 20 or more years of service, whose
 
                            -8-                LRB9208102LDcs
 1    entire  disability  benefit  credit  period  expires   before
 2    attainment  of  age  55  while still disabled for service, is
 3    entitled upon withdrawal to the larger  of  (1)  the  minimum
 4    annuity  provided  above,  assuming  he  is  then age 55, and
 5    reducing such annuity to its actuarial equivalent as  of  his
 6    attained  age  on  such date or (2) the annuity provided from
 7    his age and service and prior service annuity credits.
 8        (e)  The minimum annuity provisions do not apply  to  any
 9    former  municipal employee receiving an annuity from the fund
10    who re-enters service as  a  municipal  employee,  unless  he
11    renders at least 3 years of additional service after the date
12    of re-entry.
13        (f)  An  employee  in  service  on  July  1, 1947, or who
14    became a contributor after July 1, 1947 and before attainment
15    of age 70, who withdraws after age  65,  with  less  than  20
16    years  of  service  for whom the annuity has been fixed under
17    this Article shall, instead of the annuity so fixed,  receive
18    an annuity as follows:
19        Such amount as he could have received had the accumulated
20    amounts  for  annuity  been  improved  with  interest  at the
21    effective  rate  to  the  date  of  his  withdrawal,  or   to
22    attainment  of age 70, whichever is earlier, and had the city
23    contributed to such earlier date for age and service  annuity
24    the  amount  that it would have contributed had he been under
25    age 65, after the date his annuity was  fixed  in  accordance
26    with  this  Article,  and  assuming his annuity were computed
27    from such accumulations as of his age on such  earlier  date.
28    The  annuity  so  computed shall not exceed the annuity which
29    would be payable under the other provisions of  this  Section
30    if  the  employee  was  credited with 20 years of service and
31    would qualify for annuity thereunder.
32        (g)  Instead of the annuity provided in this Article,  an
33    employee  having  attained  age  65 with at least 15 years of
34    service who withdraws from service on or after July  1,  1971
 
                            -9-                LRB9208102LDcs
 1    and  whose  annuity  computed  under other provisions of this
 2    Article  is  less  than  the  amount  provided   under   this
 3    paragraph, is entitled to a minimum annuity for life equal to
 4    1% of the highest average annual salary, as salary is defined
 5    and  limited  in  this  Section  for  any 4 consecutive years
 6    within the last 10 years of service for each year of service,
 7    plus the sum of $25 for each year  of  service.  The  annuity
 8    shall not exceed 60% of such highest average annual salary.
 9        (g-1)  Instead  of  any other retirement annuity provided
10    in this Article, an employee who has at  least  10  years  of
11    service  and  withdraws  from  service on or after January 1,
12    1999 may elect to receive  a  retirement  annuity  for  life,
13    beginning no earlier than upon attainment of age 60, equal to
14    2.2% if withdrawal is before 60 days after the effective date
15    of  this  amendatory Act of the 92nd General Assembly or 2.4%
16    if withdrawal is 60 days after the  effective  date  of  this
17    amendatory  Act  of  the  92nd  General Assembly or later, of
18    final average salary for each year of service, subject  to  a
19    maximum  of  75%  of  final  average  salary if withdrawal is
20    before 60 days after the effective date  of  this  amendatory
21    Act  of the 92nd General Assembly, or 80% if withdrawal is 60
22    days after the effective date of this amendatory Act  of  the
23    92nd   General   Assembly   or  later.  For  the  purpose  of
24    calculating this annuity, "final average  salary"  means  the
25    highest  average annual salary for any 4 consecutive years in
26    the last 10 years of service.
27        (h)  The minimum annuities provided  under  this  Section
28    shall be paid in equal monthly installments.
29        (i)  The  amendatory  provisions  of  part (b) and (g) of
30    this Section shall be effective July 1, 1971 and apply in the
31    case of every qualifying employee  withdrawing  on  or  after
32    July 1, 1971.
33        (j)  The  amendatory provisions of this amendatory Act of
34    1985 (P.A. 84-23) relating to the discount of annuity because
 
                            -10-               LRB9208102LDcs
 1    of retirement prior to attainment  of  age  60,  and  to  the
 2    retirement  formula,  for  those born before January 1, 1936,
 3    shall apply only to qualifying employees  withdrawing  on  or
 4    after July 18, 1985.
 5        (k)  Beginning  on January 1, 1999, the minimum amount of
 6    employee's annuity shall be $850 per month for life  for  the
 7    following  classes  of  employees, without regard to the fact
 8    that withdrawal occurred prior to the effective date of  this
 9    amendatory Act of 1998:
10             (1)  any  employee  annuitant  alive and receiving a
11        life annuity on the effective date of this amendatory Act
12        of 1998, except a reciprocal annuity;
13             (2)  any employee annuitant alive  and  receiving  a
14        term annuity on the effective date of this amendatory Act
15        of 1998, except a reciprocal annuity;
16             (3)  any  employee  annuitant  alive and receiving a
17        reciprocal  annuity  on  the  effective  date   of   this
18        amendatory  Act of 1998, whose service in this fund is at
19        least 5 years;
20             (4)  any employee annuitant withdrawing after age 60
21        on or after the effective date of this amendatory Act  of
22        1998, with at least 10 years of service in this fund.
23        The  increases  granted  under  items (1), (2) and (3) of
24    this subsection (k) shall not be limited by any other Section
25    of this Act.
26    (Source: P.A. 90-32,  eff.  6-27-97;  90-511,  eff.  8-22-97;
27    90-766, eff. 8-14-98.)

28        (40 ILCS 5/8-150.1) (from Ch. 108 1/2, par. 8-150.1)
29        Sec.  8-150.1.   Minimum annuities for widows.  The widow
30    (otherwise eligible for widow's annuity under other  Sections
31    of  this Article 8) of an employee hereinafter described, who
32    retires from service or dies while in the service  subsequent
33    to  the  effective date of this amendatory provision, and for
 
                            -11-               LRB9208102LDcs
 1    which widow the amount of widow's annuity and  widow's  prior
 2    service  annuity  combined,  fixed or provided for such widow
 3    under other provisions of  this  Article  is  less  than  the
 4    amount  provided  in  this Section, shall, from and after the
 5    date her otherwise provided annuity would begin, in  lieu  of
 6    such  otherwise  provided  widow's  and widow's prior service
 7    annuity, be entitled to the  following  indicated  amount  of
 8    annuity:
 9        (a)  The  widow of any employee who dies while in service
10    on or after the date on which he attains age 60 if the  death
11    occurs  before July 1, 1990, or on or after the date on which
12    he attains age 55 if the death occurs on  or  after  July  1,
13    1990,  with  at least 20 years of service, or on or after the
14    date on which he attains age 50 if the  death  occurs  on  or
15    after  the effective date of this amendatory Act of 1997 with
16    at least 30 years of service, shall be entitled to an annuity
17    equal to one-half of the amount of annuity which her deceased
18    husband would have been entitled to receive had he  withdrawn
19    from the service on the day immediately preceding the date of
20    his  death,  conditional  upon such widow having attained the
21    age of 60 or more years on such  date  if  the  death  occurs
22    before July 1, 1990, or age 55 or more if the death occurs on
23    or  after July 1, 1990, or age 50 or more if the death occurs
24    on or after January 1, 1998 and the employee  is  age  50  or
25    over with at least 30 years of service or age 55 or over with
26    at  least  25  years  of  service.    Except  as  provided in
27    subsection (k), this  widow's  annuity  shall  not,  however,
28    exceed  the  sum  of  $500 a month if the employee's death in
29    service occurs before January 23, 1987.  The widow's  annuity
30    shall  not  be  limited  to  a  maximum  dollar amount if the
31    employee's death in service occurs on or  after  January  23,
32    1987.
33        If  the employee dies in service before July 1, 1990, and
34    if such widow of such described employee shall not be  60  or
 
                            -12-               LRB9208102LDcs
 1    more  years of age on such date of death, the amount provided
 2    in the immediately preceding paragraph for a widow 60 or more
 3    years of age, shall, in the case of such  younger  widow,  be
 4    reduced by 0.25% for each month that her then attained age is
 5    less than 60 years if the employee was born before January 1,
 6    1936  or  dies  in service on or after January 1, 1988, or by
 7    0.5% for each month that her then attained age is  less  than
 8    60  years  if  the employee was born on or after July 1, 1936
 9    and dies in service before January 1, 1988.
10        If the employee dies in service on or after July 1, 1990,
11    and if the widow of the employee has not attained age  55  on
12    or  before the employee's date of death, the amount otherwise
13    provided in this subsection (a) shall be reduced by 0.25% for
14    each month that her then attained age is less than 55  years;
15    except  that  if  the  employee  dies  in service on or after
16    January 1, 1998 at age 50 or over with at least 30  years  of
17    service  or  at  age  55  or  over  with at least 25 years of
18    service, there shall be no reduction due to the  widow's  age
19    if  she  has attained age 50 on or before the employee's date
20    of death, and if the widow has not  attained  age  50  on  or
21    before  the  employee's  date  of  death the amount otherwise
22    provided in this subsection (a) shall be reduced by 0.25% for
23    each month that her then attained age is less than 50 years.
24        (b)  The widow of any employee who dies subsequent to the
25    date of his retirement on annuity, and who so retired  on  or
26    after  the  date  on  which he attained the age of 60 or more
27    years if retirement occurs before July  1,  1990,  or  on  or
28    after  the  date  on  which  he attained age 55 if retirement
29    occurs on or after July 1, 1990, with at least  20  years  of
30    service,  or on or after the date on which he attained age 50
31    if the retirement occurs on or after the  effective  date  of
32    this  amendatory  Act  of  1997  with  at  least  30 years of
33    service, shall be entitled to an annuity equal to one-half of
34    the amount of annuity which her deceased husband received  as
 
                            -13-               LRB9208102LDcs
 1    of  the  date  of his retirement on annuity, conditional upon
 2    such widow having attained the age of 60 or more years on the
 3    date of her husband's retirement  on  annuity  if  retirement
 4    occurs  before  July 1, 1990, or age 55 or more if retirement
 5    occurs on or after July 1, 1990, or age 50  or  more  if  the
 6    retirement  on annuity occurs on or after January 1, 1998 and
 7    the employee is age 50 or over with  at  least  30  years  of
 8    service or age 55 or over with at least 25 years of service.
 9    Except  as  provided  in subsection (k), this widow's annuity
10    shall not, however, exceed the sum of $500  a  month  if  the
11    employee's death occurs before January 23, 1987.  The widow's
12    annuity  shall  not  be limited to a maximum dollar amount if
13    the employee's death occurs on or  after  January  23,  1987,
14    regardless  of  the  date  of  retirement;  provided that, if
15    retirement was before  January  23,  1987,  the  employee  or
16    eligible spouse repays the excess spouse refund with interest
17    at  the effective rate from the date of refund to the date of
18    repayment.
19        If the date of the employee's retirement  on  annuity  is
20    before  July  1,  1990,  and  if such widow of such described
21    employee shall not have attained such age of 60 or more years
22    on such date of her  husband's  retirement  on  annuity,  the
23    amount  provided in the immediately preceding paragraph for a
24    widow 60 or more years of age on the date  of  her  husband's
25    retirement  on  annuity,  shall,  in  the  case  of such then
26    younger widow, be reduced by 0.25% for each  month  that  her
27    then  attained age was less than 60 years if the employee was
28    born before January 1, 1936 or withdraws from  service on  or
29    after  January  1,  1988,  or by 0.5% for each month that her
30    then attained age is less than 60 years if the  employee  was
31    born  on  or after January 1, 1936 and withdraws from service
32    before January 1, 1988.
33        If the date of the employee's retirement on annuity is on
34    or after July 1, 1990, and if the widow of the  employee  has
 
                            -14-               LRB9208102LDcs
 1    not  attained age 55 by the date of the employee's retirement
 2    on annuity, the amount otherwise provided in this  subsection
 3    (b)  shall  be  reduced by 0.25% for each month that her then
 4    attained age is less  than  55  years;  except  that  if  the
 5    employee  retires  on  annuity on or after January 1, 1998 at
 6    age 50 or over with at least 30 years of service or at age 55
 7    or over with at least 25 years of service, there shall be  no
 8    reduction  due  to the widow's age if she has attained age 50
 9    on or before the employee's date of death, and if  the  widow
10    has  not  attained age 50 on or before the employee's date of
11    death the amount otherwise provided in  this  subsection  (b)
12    shall  be  reduced  by  0.25%  for  each  month that her then
13    attained age is less than 50 years.
14        (c)  The  foregoing  provisions   relating   to   minimum
15    annuities  for  widows  shall  not  apply to the widow of any
16    former municipal employee receiving an annuity from the  fund
17    on August 9, 1965 or on the effective date of this amendatory
18    provision,  who  re-enters  service  as a municipal employee,
19    unless such employee renders at least 3 years  of  additional
20    service after the date of re-entry.
21        (d)  In computing the amount of annuity which the husband
22    specified  in  the  foregoing  paragraphs (a) and (b) of this
23    Section would have been entitled  to  receive,  or  received,
24    such  amount shall be the annuity to which such husband would
25    have been, or was entitled, before reduction in the amount of
26    his annuity  for  the  purposes  of  the  voluntary  optional
27    reversionary  annuity  provided  for  in  Sec.  8-139 of this
28    Article, if such option was elected.
29        (e)  (Blank).
30        (f)  (Blank).
31        (g)  The amendatory provisions of this amendatory Act  of
32    1985  relating  to annuity discount because of age for widows
33    of employees born before January 1, 1936, shall apply only to
34    qualifying  widows  of  employees  withdrawing  or  dying  in
 
                            -15-               LRB9208102LDcs
 1    service on or after July 18, 1985.
 2        (h)  Beginning on January 1, 1999, the minimum amount  of
 3    widow's  annuity  shall  be  $800  per month for life for the
 4    following classes of widows, without regard to the fact  that
 5    the  death  of  the  employee occurred prior to the effective
 6    date of this amendatory Act of 1998:
 7             (1)  any widow annuitant alive and receiving a  life
 8        annuity  on  the effective date of this amendatory Act of
 9        1998, except a reciprocal annuity;
10             (2)  any widow annuitant alive and receiving a  term
11        annuity  on  the effective date of this amendatory Act of
12        1998, except a reciprocal annuity;
13             (3)  any  widow  annuitant  alive  and  receiving  a
14        reciprocal  annuity  on  the  effective  date   of   this
15        amendatory  Act  of 1998, whose employee spouse's service
16        in this fund was at least 5 years;
17             (4)  the widow of an employee with at least 10 years
18        of service in this fund who dies after retirement, if the
19        retirement occurred prior to the effective date  of  this
20        amendatory Act of 1998;
21             (5)  the widow of an employee with at least 10 years
22        of  service  in  this  fund who dies after retirement, if
23        withdrawal occurs on or after the effective date of  this
24        amendatory Act of 1998;
25             (6)  the  widow  of  an employee who dies in service
26        with at least 5 years of service in  this  fund,  if  the
27        death in service occurs on or after the effective date of
28        this amendatory Act of 1998.
29        The  increases  granted under items (1), (2), (3) and (4)
30    of this subsection (h) shall not  be  limited  by  any  other
31    Section of this Act.
32        (i)  The  widow  of  an  employee  who retired or died in
33    service on or after January 1, 1985 and before July 1,  1990,
34    at  age  55  or  older, and with at least 35 years of service
 
                            -16-               LRB9208102LDcs
 1    credit,  shall  be  entitled  to  have  her  widow's  annuity
 2    increased, effective January 1, 1991, to an amount  equal  to
 3    50%  of  the  retirement  annuity  that the deceased employee
 4    received on the  date  of  retirement,  or  would  have  been
 5    eligible  to  receive  if he had retired on the day preceding
 6    the date of his death in service, provided that if the  widow
 7    had  not  attained  age  60  by  the  date  of the employee's
 8    retirement or death in service, the  amount  of  the  annuity
 9    shall  be  reduced  by  0.25%  for  each  month that her then
10    attained  age  was  less  than  age  60  if  the   employee's
11    retirement  or  death in service occurred on or after January
12    1, 1988, or by 0.5%  for each month that her attained age  is
13    less  than  age  60  if the employee's retirement or death in
14    service occurred prior to January 1, 1988.  However, in cases
15    where a refund of excess contributions  for  widow's  annuity
16    has  been  paid by the Fund, the increase in benefit provided
17    by this subsection (i) shall be contingent upon repayment  of
18    the  refund  to  the Fund with interest at the effective rate
19    from the date of refund to the date of payment.
20        (j)  If a deceased employee  is  receiving  a  retirement
21    annuity  at  the  time  of  death and that death occurs on or
22    after June 27, 1997, the widow may elect to receive, in  lieu
23    of  any other annuity provided under this Article, 50% of the
24    deceased employee's retirement annuity at the time  of  death
25    reduced  by  0.25% for each month that the widow's age on the
26    date of death is less than 55; except that  if  the  employee
27    dies on or after January 1, 1998 and withdrew from service on
28    or  after  June  27,  1997 at age 50 or over with at least 30
29    years of service or at age 55 or over with at least 25  years
30    of  service,  there  shall be no reduction due to the widow's
31    age if she has attained age 50 on or  before  the  employee's
32    date of death, and if the widow has not attained age 50 on or
33    before  the  employee's  date  of  death the amount otherwise
34    provided in this subsection (j) shall be reduced by 0.25% for
 
                            -17-               LRB9208102LDcs
 1    each month that her age on the date of death is less than  50
 2    years.   However,   in   cases   where  a  refund  of  excess
 3    contributions for widow's annuity has been paid by the  Fund,
 4    the  benefit  provided  by  this subsection (j) is contingent
 5    upon repayment of the refund to the Fund with interest at the
 6    effective rate from  the  date  of  refund  to  the  date  of
 7    payment.
 8        (k)  For  widows of employees who died before January 23,
 9    1987 after retirement on annuity or in service,  the  maximum
10    dollar  amount  limitation  on widow's annuity shall cease to
11    apply, beginning with the first  annuity  payment  after  the
12    effective date of this amendatory Act of 1997; except that if
13    a refund of excess contributions for widow's annuity has been
14    paid by the Fund, the increase resulting from this subsection
15    (k)  shall not begin before the refund has been repaid to the
16    Fund, together with interest at the effective rate  from  the
17    date of the refund to the date of repayment.
18        (l)  In  lieu  of  any  other  annuity  provided  in this
19    Article, an eligible  spouse  of  an  employee  who  dies  in
20    service  at  least  60  days after the effective date of this
21    amendatory Act of the 92nd General Assembly with at least  10
22    years  of  service  shall be entitled to an annuity of 50% of
23    the minimum formula annuity earned and accrued to the  credit
24    of  the  employee  at the date of death.  For the purposes of
25    this subsection,  the  minimum  formula  annuity  earned  and
26    accrued  to  the credit of the employee is equal to 2.40% for
27    each year of service of the highest average annual salary for
28    any 4 consecutive years within the last 10 years  of  service
29    immediately  preceding  the date of death, up to a maximum of
30    80% of the highest average annual salary.  This annuity shall
31    not be reduced due to the age of the employee or spouse.   In
32    addition  to  any  other  eligibility requirements under this
33    Article, the spouse is eligible for this annuity only if  the
34    marriage was in effect for 10 full years or more.
 
                            -18-               LRB9208102LDcs
 1    (Source:  P.A.  90-32,  eff.  6-27-97;  90-511, eff. 8-22-97;
 2    90-766, eff. 8-14-98.)

 3        (40 ILCS 5/8-158) (from Ch. 108 1/2, par. 8-158)
 4        Sec.  8-158.  Child's  annuity.   A  child's  annuity  is
 5    payable monthly after the death of  an employee parent to the
 6    child until the child's  attainment  of  age  18,  under  the
 7    following  conditions,  if  the  child  was  born  before the
 8    employee  attained  age  65,  and  before  he  withdrew  from
 9    service:
10             (a)  upon death resulting from  injury  incurred  in
11        the performance of an act of duty;
12             (b)  upon death in service from any cause other than
13        injury  incurred in the performance of an act of duty, if
14        the employee has at least 4 years of  service  after  the
15        date  of  his original entry into service, and at least 2
16        years after the date of his latest re-entry;
17             (b) (c)  upon death of  an  employee  who  withdraws
18        from  service after age 55 (or after age 50 with at least
19        30 years of service if withdrawal is on or after June 27,
20        1997) and  who  has  entered  upon  or  is  eligible  for
21        annuity.
22    Payment shall be made as provided in Section 8-125.
23    (Source: P.A. 90-31, eff. 6-27-97; 90-766, eff. 8-14-98.)

24        (40 ILCS 5/8-161) (from Ch. 108 1/2, par. 8-161)
25        Sec.  8-161.  Ordinary  disability benefit.   An employee
26    while under age 65 and prior to January  1,  1979,  or  while
27    under  age 70 and after January 1, 1979, who becomes disabled
28    after the effective date as the result  of  any  cause  other
29    than  injury  incurred  in  the performance of duty, shall be
30    entitled  to  ordinary   disability   benefit   during   such
31    disability, after the first 30 days thereof.
32        The  first payment shall be made not later than one month
 
                            -19-               LRB9208102LDcs
 1    after the benefit is  granted  and  each  subsequent  payment
 2    shall  be  made  not  later  than  one  month  after the last
 3    preceding payment.
 4        The disability benefit prescribed herein shall cease when
 5    the  first  of  the  following  dates  shall  occur  and  the
 6    employee, if still disabled, shall thereafter be entitled  to
 7    such annuity as is otherwise provided in this Article:
 8        (a)  the date disability ceases.
 9        (b)  the  date  the  disabled employee attains age 65 for
10    disability commencing prior to January 1, 1979.
11        (c)  the date the disabled employee attains  age  65  for
12    disability  commencing  prior  to attainment of age 60 in the
13    service and after January 1, 1979.
14        (d)  the date the disabled employee attains the age of 70
15    for disability commencing after attainment of age 60  in  the
16    service and after January 1, 1979.
17        (e)  the date the payments of the benefit shall exceed in
18    the  aggregate,  throughout  the employee's service, a period
19    equal to 1/4 of the total service rendered prior to the  date
20    of  disability  but  in  no  event  more  than  5  years.  In
21    computing such total service  any  period  during  which  the
22    employee   received  ordinary  disability  benefit  shall  be
23    excluded.
24        Any  employee  whose  ordinary  disability  benefit   was
25    terminated  after January 1, 1979 by reason of his attainment
26    of age 65 and who continues disabled after age 65  may  elect
27    before  July  1, 1986 to have such benefits resumed beginning
28    at  the  time  of  such  termination  and  continuing   until
29    termination is required under this Section as amended by this
30    amendatory  Act  of 1985.  The amount payable to any employee
31    for such resumed benefit for any period shall be  reduced  by
32    the  amount  of  any retirement annuity paid to such employee
33    under this Article for the same period  of  time  or  by  any
34    refund paid in lieu of annuity.
 
                            -20-               LRB9208102LDcs
 1        Ordinary   disability   benefit   shall  be  50%  of  the
 2    employee's salary at the date of disability.
 3        For ordinary disability benefits paid before  January  1,
 4    2002,  before  any  payment,  an amount equal to less the sum
 5    ordinarily deducted from salary for all annuity purposes  for
 6    such period for which the ordinary disability benefit is made
 7    shall  be  deducted  from  such  payment  and credited to the
 8    employee as a deduction from salary for that period. The sums
 9    so deducted shall be credited to the employee  and  shall  be
10    regarded,  for  annuity  and  refund  purposes,  as an amount
11    contributed by him.
12        For ordinary disability benefits paid on or after January
13    1, 2002, the fund shall credit  sums  equal  to  the  amounts
14    ordinarily  contributed  by  an employee for annuity purposes
15    for any period during which the  employee  receives  ordinary
16    disability,  and  those  sums  shall  be  deemed  for annuity
17    purposes and purposes of Section 8-173 as amounts contributed
18    by the employee.  These amounts credited for annuity purposes
19    shall not be credited for refund purposes.
20    (Source: P.A. 84-23.)

21        (40 ILCS 5/8-168) (from Ch. 108 1/2, par. 8-168)
22        Sec. 8-168. Refunds - Withdrawal before age  55  or  with
23    less than 10 years of service.
24        1.  An employee, without regard to length of service, who
25    withdraws  before  age 55, and any employee with less than 10
26    years of service  who  withdraws  before  age  60,  shall  be
27    entitled  to  a refund of the accumulated sums to his credit,
28    as of the date of withdrawal, for age and service annuity and
29    widow's annuity from amounts contributed  by  him,  including
30    interest  credited  and including amounts contributed for him
31    for age and service and widow's annuity purposes by the  city
32    while  receiving duty disability benefits; provided that such
33    amounts contributed by the  city  after  December  31,  1981,
 
                            -21-               LRB9208102LDcs
 1    while the employee is receiving duty disability benefits, and
 2    amounts  credited to the employee for annuity purposes by the
 3    fund after December 31, 2001, while the employee is receiving
 4    ordinary disability  benefits,  shall  not  be  credited  for
 5    refund purposes. If he is a present employee he shall also be
 6    entitled  to  a  refund  of  the  accumulations from any sums
 7    contributed by him, and applied to any municipal pension fund
 8    superseded by this fund.
 9        2.  Upon receipt of the refund, the  employee  surrenders
10    and forfeits all rights to any annuity or other benefits, for
11    himself  and  for  any other persons who might have benefited
12    through him; provided that he may have such period of service
13    counted in computing the term of his service if he becomes an
14    employee  before  age  65,  excepting  as  limited   by   the
15    provisions  of  paragraph  (a)  (3)  of Section 8-232 of this
16    Article relating to  the  basis  of  computing  the  term  of
17    service.
18        3.  Any such employee shall retain such right to a refund
19    of  such  amounts  when  he  shall  apply  for  same until he
20    re-enters the service or until the amount  of  annuity  shall
21    have  been  fixed as provided in this Article. Thereafter, no
22    such right shall exist in the case of any such employee.
23        4.  Any such municipal employee who shall have served  10
24    or  more  years  and  who  shall  not  withdraw  the  amounts
25    aforesaid to which he shall have a right of refund shall have
26    a right to annuity as stated in this Article.
27        5.  Any  such  municipal  employee  who shall have served
28    less than 10 years and who shall not withdraw the amounts  to
29    which  he  shall have a right to refund shall have a right to
30    have all such amounts and all other amounts to his credit for
31    annuity purposes on  date  of  his  withdrawal  from  service
32    retained  to  his  credit  and  improved by interest while he
33    shall be out of the service at the rate of 3 1/2% or  3%  per
34    annum  (whichever  rate  shall  apply under the provisions of
 
                            -22-               LRB9208102LDcs
 1    Section 8-155 of this Article) and used for annuity  purposes
 2    for  his  benefit  and the benefit of any person who may have
 3    any right to annuity through  him  because  of  his  service,
 4    according to the provisions of this Article in the event that
 5    he  shall  subsequently re-enter the service and complete the
 6    number of years of service necessary to  attain  a  right  to
 7    annuity;  but  such  sum shall be improved by interest to his
 8    credit while he shall be out of the  service  only  until  he
 9    shall have become 65 years of age.
10    (Source: P.A. 82-283.)

11        (40 ILCS 5/8-171) (from Ch. 108 1/2, par. 8-171)
12        Sec.  8-171.  Refund  in  lieu of annuity.  In lieu of an
13    annuity, an employee who withdraws and  whose  annuity  would
14    amount  to  less  than  $800  a  month for life, may elect to
15    receive a refund of his accumulated contributions for annuity
16    purposes, based on the amounts contributed by him.
17        The widow of any employee, eligible for annuity upon  the
18    death  of  her husband, whose widow's annuity would amount to
19    less than $800 a month for life,  may,  in  lieu  of  widow's
20    annuity,  elect  to  receive  a  refund  of  the  accumulated
21    contributions  for  annuity  purposes,  based  on the amounts
22    contributed by her deceased employee husband, but reduced  by
23    any amounts theretofore paid to him in the form of an annuity
24    or refund out of such accumulated contributions.
25        Accumulated   contributions  shall  mean  the  amounts  -
26    including the interest credited thereon - contributed by  the
27    employee  for age and service and widow's annuity to the date
28    of his withdrawal or death, whichever first occurs, including
29    any amounts contributed for him as  salary  deductions  while
30    receiving  duty  disability  benefits,  and, if not otherwise
31    included, any accumulations from sums contributed by him  and
32    applied to any pension fund superseded by this fund; provided
33    that  such amounts contributed by the city after December 31,
 
                            -23-               LRB9208102LDcs
 1    1981 while the employee is receiving duty disability benefits
 2    and amounts credited to the employee for annuity purposes  by
 3    the  fund  after  December  31,  2001  while  the employee is
 4    receiving ordinary disability shall not be included.
 5        The acceptance of such refund in lieu of widow's annuity,
 6    on the part of a widow, shall not deprive a child or children
 7    of the right to receive a child's annuity as provided for  in
 8    Sections  8-158  and 8-159 of this Article, and neither shall
 9    the payment of a child's annuity in the case of  such  refund
10    to  a  widow reduce the amount herein set forth as refundable
11    to such widow electing a refund in lieu of widow's annuity.
12    (Source: P.A. 91-887, eff. 7-6-00.)

13        (40 ILCS 5/11-134) (from Ch. 108 1/2, par. 11-134)
14        Sec. 11-134.  Minimum annuities.
15        (a)  An employee whose withdrawal occurs  after  July  1,
16    1957 at age 60 or over, with 20 or more years of service, (as
17    service  is  defined or computed in Section 11-216), for whom
18    the age and service and prior  service  annuity  combined  is
19    less  than the amount stated in this Section, shall, from and
20    after the date  of  withdrawal,  in  lieu  of  all  annuities
21    otherwise provided in this Article, be entitled to receive an
22    annuity  for  life of an amount equal to 1 2/3% for each year
23    of service, of the highest average annual salary  for  any  5
24    consecutive  years  within  the  last  10  years  of  service
25    immediately  preceding the date of withdrawal; provided, that
26    in the case of any employee who withdraws on or after July 1,
27    1971, such employee age 60 or over with 20 or more  years  of
28    service,  shall be entitled to instead receive an annuity for
29    life equal to 1.67%  for  each  of  the  first  10  years  of
30    service;  1.90%  for  each  of  the next 10 years of service;
31    2.10% for each year of  service  in  excess  of  20  but  not
32    exceeding 30; and 2.30% for each year of service in excess of
33    30,  based  on  the  highest  average annual salary for any 4
 
                            -24-               LRB9208102LDcs
 1    consecutive  years  within  the  last  10  years  of  service
 2    immediately preceding the date of withdrawal.
 3        An employee who withdraws after July 1, 1957  and  before
 4    January 1, 1988, with 20 or more years of service, before age
 5    60,  shall  be  entitled  to an annuity, to begin not earlier
 6    than age 55, if under such age at withdrawal, as computed  in
 7    the  last  preceding paragraph, reduced 0.25% if the employee
 8    was born before January 1, 1936, or 0.5% if the employee  was
 9    born  on  or  after  January  1, 1936, for each full month or
10    fractional part thereof  that  his  attained  age  when  such
11    annuity is to begin is less than 60.
12        Any  employee  born  before January 1, 1936 who withdraws
13    with 20 or more years of service, and any employee with 20 or
14    more years of service who withdraws on or  after  January  1,
15    1988,  may  elect  to  receive, in lieu of any other employee
16    annuity provided in this Section, an annuity for  life  equal
17    to 1.80% for each of the first 10 years of service, 2.00% for
18    each  of the next 10 years of service, 2.20% for each year of
19    service in excess of 20, but not exceeding 30, and 2.40%  for
20    each  year of service in excess of 30, of the highest average
21    annual salary for any 4 consecutive years within the last  10
22    years   of   service   immediately   preceding  the  date  of
23    withdrawal, to begin not earlier than upon attained age of 55
24    years, if under such age at  withdrawal,  reduced  0.25%  for
25    each  full month or fractional part thereof that his attained
26    age when annuity is to begin is less than 60; except that  an
27    employee  retiring  on or after January 1, 1988, at age 55 or
28    over but less than age  60,  having  at  least  35  years  of
29    service, or an employee retiring on or after July 1, 1990, at
30    age 55 or over but less than age 60, having at least 30 years
31    of service, or an employee retiring on or after the effective
32    date  of  this  amendatory Act of 1997, at age 55 or over but
33    less than age 60, having at least 25 years of service,  shall
34    not be subject to the reduction in retirement annuity because
 
                            -25-               LRB9208102LDcs
 1    of retirement below age 60.
 2        However,  in  the  case  of an employee who retired on or
 3    after January 1, 1985 but before January 1, 1988, at  age  55
 4    or  older  and with at least 35 years of service, and who was
 5    subject  under  this  subsection  (a)  to  the  reduction  in
 6    retirement annuity because of retirement below age  60,  that
 7    reduction  shall  cease  to be effective January 1, 1991, and
 8    the retirement annuity shall be recalculated accordingly.
 9        Any employee who withdraws on or after July 1, 1990, with
10    20 or more years of service, may elect to receive, in lieu of
11    any other employee  annuity  provided  in  this  Section,  an
12    annuity  for  life equal to 2.20% for each year of service if
13    withdrawal is before 60 days after the effective date of this
14    amendatory Act of the 92nd General  Assembly,  or  2.40%  for
15    each  year  of  service  if  withdrawal  is 60 days after the
16    effective date of this amendatory Act  of  the  92nd  General
17    Assembly  or  later, of the highest average annual salary for
18    any 4 consecutive years within the last 10 years  of  service
19    immediately  preceding  the  date of withdrawal, to begin not
20    earlier than upon attained age of 55 years, if under such age
21    at  withdrawal,  reduced  0.25%  for  each  full   month   or
22    fractional part thereof that his attained age when annuity is
23    to begin is less than 60; except that an employee retiring at
24    age 55 or over but less than age 60, having at least 30 years
25    of  service,  shall  not  be  subject  to  the  reduction  in
26    retirement annuity because of retirement below age 60.
27        Any employee who withdraws on or after the effective date
28    of  this  amendatory  Act  of  1997  with 20 or more years of
29    service may elect to receive, in lieu of any  other  employee
30    annuity  provided  in this Section, an annuity for life equal
31    to 2.20%, for each year of service if withdrawal is before 60
32    days after the effective date of this amendatory Act  of  the
33    92nd  General  Assembly, or 2.40% for each year of service if
34    withdrawal is 60  days  after  the  effective  date  of  this
 
                            -26-               LRB9208102LDcs
 1    amendatory  Act of the 92nd General Assembly or later, of the
 2    highest average annual salary for  any  4  consecutive  years
 3    within the last 10 years of service immediately preceding the
 4    date of withdrawal, to begin not earlier than upon attainment
 5    of  age  55  (age 50 if the employee has at least 30 years of
 6    service), reduced 0.25% for  each  full  month  or  remaining
 7    fractional part thereof that the employee's attained age when
 8    annuity  is to begin is less than 60; except that an employee
 9    retiring at age 50 or over with at least 30 years of  service
10    or  at age 55 or over with at least 25 years of service shall
11    not be subject to the reduction in retirement annuity because
12    of retirement below age 60.
13        The maximum annuity payable under this paragraph  (a)  of
14    this  Section  shall not exceed 70% of highest average annual
15    salary in the case of an employee who withdraws prior to July
16    1, 1971, 75% if withdrawal takes place on or  after  July  1,
17    1971,  and  prior to 60 days after the effective date of this
18    amendatory Act of  the  92nd  General  Assembly,  or  80%  if
19    withdrawal  is  60  days  after  the  effective  date of this
20    amendatory Act of the 92nd General Assembly or later. For the
21    purpose of the minimum annuity provided  in  said  paragraphs
22    $1,500  shall be considered the minimum annual salary for any
23    year; and the maximum annual salary to be considered for  the
24    computation  of  such  annuity  shall  be $4,800 for any year
25    prior to 1953, $6,000 for the years 1953 to 1956,  inclusive,
26    and  the  actual  annual salary, as salary is defined in this
27    Article, for any year thereafter.
28        (b)  For an employee receiving  disability  benefit,  his
29    salary for annuity purposes under this Section shall, for all
30    periods of disability benefit subsequent to the year 1956, be
31    the amount on which his disability benefit was based.
32        (c)  An  employee with 20 or more years of service, whose
33    entire disability benefit  credit  period  expires  prior  to
34    attainment  of age 55 while still disabled for service, shall
 
                            -27-               LRB9208102LDcs
 1    be entitled upon withdrawal to the larger of (1) the  minimum
 2    annuity  provided  above assuming that he is then age 55, and
 3    reducing such annuity to  its  actuarial  equivalent  at  his
 4    attained  age  on such date, or (2) the annuity provided from
 5    his age and service and prior service annuity credits.
 6        (d)  The minimum annuity provisions  as  aforesaid  shall
 7    not  apply  to  any former employee receiving an annuity from
 8    the fund, and who re-enters service as an employee, unless he
 9    renders at least 3 years of additional service after the date
10    of re-entry.
11        (e)  An employee in service  on  July  1,  1947,  or  who
12    became  a contributor after July 1, 1947 and prior to July 1,
13    1950, or who shall become a contributor  to  the  fund  after
14    July  1,  1950  prior  to attainment of age 70, who withdraws
15    after age 65 with less than 20 years of service, for whom the
16    annuity has been fixed under the foregoing Sections  of  this
17    Article  shall,  in  lieu of the annuity so fixed, receive an
18    annuity as follows:
19        Such amount as he could have received had the accumulated
20    amounts for  annuity  been  improved  with  interest  at  the
21    effective   rate  to  the  date  of  his  withdrawal,  or  to
22    attainment of age 70, whichever is earlier, and had the  city
23    contributed  to such earlier date for age and service annuity
24    the amount that would have been contributed had he been under
25    age 65, after the date his annuity was  fixed  in  accordance
26    with  this  Article,  and  assuming his annuity were computed
27    from such accumulations as of his age on such  earlier  date.
28    The  annuity  so  computed shall not exceed the annuity which
29    would be payable under the other provisions of  this  Section
30    if  the  employee  was  credited with 20 years of service and
31    would qualify for annuity thereunder.
32        (f)  In lieu of the annuity provided in this  or  in  any
33    other  Section  of  this Article, an employee having attained
34    age 65 with at least 15 years of service who  withdraws  from
 
                            -28-               LRB9208102LDcs
 1    service  on  or after July 1, 1971 and whose annuity computed
 2    under other provisions of  this  Article  is  less  than  the
 3    amount  provided  under  this  paragraph shall be entitled to
 4    receive a minimum annual annuity for life equal to 1% of  the
 5    highest  average  annual  salary  for any 4 consecutive years
 6    within the last 10 years  of  service  immediately  preceding
 7    retirement  for  each year of his service plus the sum of $25
 8    for each year of  service.  Such  annual  annuity  shall  not
 9    exceed  the maximum percentages stated under paragraph (a) of
10    this Section of such highest average annual salary.
11        (f-1)  Instead of any other retirement  annuity  provided
12    in  this  Article,  an  employee who has at least 10 years of
13    service and withdraws from service on  or  after  January  1,
14    1999  may  elect  to  receive  a retirement annuity for life,
15    beginning no earlier than upon attainment of age 60, equal to
16    2.2% if withdrawal is before 60 days after the effective date
17    of this amendatory Act of the 92nd General Assembly  or  2.4%
18    for  each  year of service if withdrawal is 60 days after the
19    effective date of this amendatory Act  of  the  92nd  General
20    Assembly  or  later, of final average salary for each year of
21    service, subject to a maximum of 75% of final average  salary
22    if  withdrawal  is before 60 days after the effective date of
23    this amendatory Act of the 92nd General Assembly, or  80%  if
24    withdrawal  is  60  days  after  the  effective  date of this
25    amendatory Act of the 92nd General Assembly or later. For the
26    purpose of calculating this annuity, "final  average  salary"
27    means the highest average annual salary for any 4 consecutive
28    years in the last 10 years of service.
29        (g)  Any  annuity payable under the preceding subsections
30    of this  Section  11-134  shall  be  paid  in  equal  monthly
31    installments.
32        (h)  The  amendatory  provisions  of  part (a) and (f) of
33    this Section shall be effective July 1, 1971 and apply in the
34    case of every qualifying employee  withdrawing  on  or  after
 
                            -29-               LRB9208102LDcs
 1    July 1, 1971.
 2        (i)  The  amendatory provisions of this amendatory Act of
 3    1985  relating  to  the  discount  of  annuity   because   of
 4    retirement  prior  to attainment of age 60 and increasing the
 5    retirement formula for those born  before  January  1,  1936,
 6    shall  apply  only  to qualifying employees withdrawing on or
 7    after August 16, 1985.
 8        (j)  Beginning on January 1, 1999, the minimum amount  of
 9    employee's  annuity  shall be $850 per month for life for the
10    following classes of employees, without regard  to  the  fact
11    that  withdrawal occurred prior to the effective date of this
12    amendatory Act of 1998:
13             (1)  any employee annuitant alive  and  receiving  a
14        life annuity on the effective date of this amendatory Act
15        of 1998, except a reciprocal annuity;
16             (2)  any  employee  annuitant  alive and receiving a
17        term annuity on the effective date of this amendatory Act
18        of 1998, except a reciprocal annuity;
19             (3)  any employee annuitant alive  and  receiving  a
20        reciprocal   annuity   on  the  effective  date  of  this
21        amendatory Act of 1998, whose service in this fund is  at
22        least 5 years;
23             (4)  any employee annuitant withdrawing after age 60
24        on  or after the effective date of this amendatory Act of
25        1998, with at least 10 years of service in this fund.
26        The increases granted under items (1),  (2)  and  (3)  of
27    this subsection (j) shall not be limited by any other Section
28    of this Act.
29    (Source:  P.A.  90-32,  eff.  6-27-97;  90-511, eff. 8-22-97;
30    90-766, eff. 8-14-98.)

31        (40 ILCS 5/11-134.1) (from Ch. 108 1/2, par. 11-134.1)
32        Sec. 11-134.1. Automatic increase in annuity.
33        (a)  An employee who  retired  or  retires  from  service
 
                            -30-               LRB9208102LDcs
 1    after  December  31, 1963, and before January 1, 1987, having
 2    attained age 60 or more, shall, in the month  of  January  of
 3    the year following the year in which the first anniversary of
 4    retirement  occurs,  have  the  amount  of his then fixed and
 5    payable monthly annuity increased by 1 1/2%, and  such  first
 6    fixed annuity as granted at retirement increased by a further
 7    1  1/2%  in  January  of each year thereafter. Beginning with
 8    January of the year 1972, such increases shall be at the rate
 9    of 2% in lieu of the aforesaid specified  1  1/2%.  Beginning
10    January,  1984,  such  increases  shall be at the rate of 3%.
11    Beginning in January of 1999, such increases shall be at  the
12    rate   of  3%  of  the  currently  payable  monthly  annuity,
13    including  any  increases  previously  granted   under   this
14    Article.   An  employee who retires on annuity after December
15    31, 1963 and before January 1, 1987, but  prior  to  age  60,
16    shall  receive  such  increases beginning with January of the
17    year immediately following the year in which he  attains  the
18    age of 60 years.
19        An  employee who retires from service on or after January
20    1, 1987 shall, upon the first annuity payment date  following
21    the  first anniversary of the date of retirement, or upon the
22    first annuity payment date following attainment  of  age  60,
23    whichever  occurs  later,  have  his  then  fixed and payable
24    monthly annuity increased by 3%, and such  annuity  shall  be
25    increased  by  an additional 3% of the original fixed annuity
26    on the same date each year thereafter.  Beginning in  January
27    of  1999,  such  increases  shall be at the rate of 3% of the
28    currently payable monthly annuity,  including  any  increases
29    previously granted under this Article.
30        (a-5)  Notwithstanding  the provisions of subsection (a),
31    upon the first annuity payment date following (1)  the  third
32    anniversary  of  retirement, (2) the attainment of age 53, or
33    (3) the date  60  days  after  the  effective  date  of  this
34    amendatory Act of the 92nd General Assembly, whichever occurs
 
                            -31-               LRB9208102LDcs
 1    latest,  the  monthly  pension  of an employee who retires on
 2    annuity prior to  the  attainment  of  age  60  who  has  not
 3    received  an increase under subsection (a) shall be increased
 4    by 3%, and such annuity shall be increased by  an  additional
 5    3%  of  the  current  payable monthly annuity, including such
 6    increases previously granted under this Article, on the  same
 7    date  each year thereafter. The increases provided under this
 8    subsection  are  in  lieu  of  the  increases   provided   in
 9    subsection (a).
10        (b)  The  foregoing  provision  is  not  applicable to an
11    employee retiring and receiving a term annuity, as defined in
12    this Article, nor to any  otherwise  qualified  employee  who
13    retires  before he shall have made employee contributions (at
14    the 1/2 of 1% rate as hereinafter provided) for the  purposes
15    of  this  additional annuity for not less than the equivalent
16    of  one  full  year.  Such  employee,  however,  shall   make
17    arrangement  to  pay  to the fund a balance of such 1/2 of 1%
18    contributions, based on his final salary, as will bring  such
19    1/2  of  1%  contributions, computed without interest, to the
20    equivalent of or completion of one year's contributions.
21        Beginning with the month of January, 1964, each  employee
22    shall  contribute  by means of salary deductions 1/2 of 1% of
23    each salary payment, concurrently with and in addition to the
24    employee contributions otherwise made for annuity purposes.
25        Each  such  additional  employee  contribution  shall  be
26    credited to an account in the prior service annuity  reserve,
27    to  be  used, together with city contributions, to defray the
28    cost of the specified annuity increments. Any balance  as  of
29    the  beginning of each calendar year existing in such account
30    shall be credited with interest at the rate of 3% per annum.
31        Such employee  contributions  shall  not  be  subject  to
32    refund,  except  to  an employee who resigns or is discharged
33    and applies for refund under this Article, and also in  cases
34    where a term annuity becomes payable.
 
                            -32-               LRB9208102LDcs
 1        In   such  cases  the  employee  contributions  shall  be
 2    refunded  him,  without  interest,   and   charged   to   the
 3    aforementioned account in the prior service annuity reserve.
 4    (Source: P.A. 90-766, eff. 8-14-98.)

 5        (40 ILCS 5/11-145.1) (from Ch. 108 1/2, par. 11-145.1)
 6        Sec. 11-145.1.  Minimum annuities for widows.
 7        The  widow  otherwise  eligible for widow's annuity under
 8    other Sections of this Article 11, of an employee hereinafter
 9    described, who retires from service  or  dies  while  in  the
10    service  subsequent  to the effective date of this amendatory
11    provision, and for which widow the amount of widow's  annuity
12    and widow's prior service annuity combined, fixed or provided
13    for  such  widow under other provisions of said Article 11 is
14    less than the amount hereinafter provided  in  this  section,
15    shall, from and after the date her otherwise provided annuity
16    would  begin,  in lieu of such otherwise provided widow's and
17    widow's prior service annuity, be entitled to  the  following
18    indicated amount of annuity:
19        (a)  The  widow of any employee who dies while in service
20    on or after the date on which he attains age 60 if the  death
21    occurs  before July 1, 1990, or on or after the date on which
22    he attains age 55 if the death occurs on  or  after  July  1,
23    1990,  with  at least 20 years of service, or on or after the
24    date on which he attains age 50 if the  death  occurs  on  or
25    after  the effective date of this amendatory Act of 1997 with
26    at least 30 years of service, shall be entitled to an annuity
27    equal to one-half of the amount of annuity which her deceased
28    husband would have been entitled to receive had he  withdrawn
29    from the service on the day immediately preceding the date of
30    his death, conditional upon such widow having attained age 60
31    on  or  before  such  date if the death occurs before July 1,
32    1990, or age 55 if the death occurs on or after July 1, 1990,
33    or age 50 if the death occurs on or after January 1, 1998 and
 
                            -33-               LRB9208102LDcs
 1    the employee is age 50 or over with  at  least  30  years  of
 2    service  or age 55 or over with at least 25 years of service.
 3    Except as provided in subsection  (j),  the  widow's  annuity
 4    shall  not,  however,  exceed  the sum of $500 a month if the
 5    employee's death in service occurs before January  23,  1987.
 6    The  widow's annuity shall not be limited to a maximum dollar
 7    amount if the employee's death in service occurs on or  after
 8    January 23, 1987.
 9        If  the employee dies in service before July 1, 1990, and
10    if such widow of such described employee shall not be  60  or
11    more  years of age on such date of death, the amount provided
12    in the immediately preceding paragraph for a widow 60 or more
13    years of age, shall, in the case of such  younger  widow,  be
14    reduced by 0.25% for each month that her then attained age is
15    less than 60 years if the employee was born before January 1,
16    1936, or dies in service on or after January 1, 1988, or 0.5%
17    for  each  month  that  her then attained age is less than 60
18    years if the employee was born on or after  January  1,  1936
19    and dies in service before January 1, 1988.
20        If the employee dies in service on or after July 1, 1990,
21    and  if  the widow of the employee has not attained age 55 on
22    or before the employee's date of death, the amount  otherwise
23    provided in this subsection (a) shall be reduced by 0.25% for
24    each  month that her then attained age is less than 55 years;
25    except that if the employee  dies  in  service  on  or  after
26    January  1,  1998 at age 50 or over with at least 30 years of
27    service or at age 55 or  over  with  at  least  25  years  of
28    service,  there  shall be no reduction due to the widow's age
29    if she has attained age 50 on or before the  employee's  date
30    of  death,  and  if  the  widow has not attained age 50 on or
31    before the employee's date  of  death  the  amount  otherwise
32    provided in this subsection (a) shall be reduced by 0.25% for
33    each month that her then attained age is less than 50 years.
34        (b)  The widow of any employee who dies subsequent to the
 
                            -34-               LRB9208102LDcs
 1    date  of  his retirement on annuity, and who so retired on or
 2    after the date on which he  attained  age  60  if  retirement
 3    occurs  before July 1, 1990, or on or after the date on which
 4    he attained age 55 if retirement occurs on or after  July  1,
 5    1990,  with  at least 20 years of service, or on or after the
 6    date on which he attained age 50 if the retirement occurs  on
 7    or  after  the  effective date of this amendatory Act of 1997
 8    with at least 30 years of service, shall be  entitled  to  an
 9    annuity  equal to one-half of the amount of annuity which her
10    deceased husband received as of the date of his retirement on
11    annuity, conditional upon such widow having attained  age  60
12    on  or before the date of her husband's retirement on annuity
13    if retirement occurs before  July  1,  1990,  or  age  55  if
14    retirement  occurs on or after July 1, 1990, or age 50 if the
15    retirement on annuity occurs on or after January 1, 1998  and
16    the  employee  is  age  50  or over with at least 30 years of
17    service or age 55 or over with at least 25 years of service.
18    Except as provided in subsection (j),  this  widow's  annuity
19    shall  not,  however,  exceed  the sum of $500 a month if the
20    employee's death occurs before January 23, 1987.  The widow's
21    annuity shall not be limited to a maximum  dollar  amount  if
22    the  employee's  death  occurs  on or after January 23, 1987,
23    regardless of the  date  of  retirement;  provided  that,  if
24    retirement  was  before  January  23,  1987,  the employee or
25    eligible spouse repays the excess spouse refund with interest
26    at the effective rate from the date of refund to the date  of
27    repayment.
28        If  the  date  of the employee's retirement on annuity is
29    before July 1, 1990, and if  such  widow  of  such  described
30    employee shall not have attained such age of 60 or more years
31    on  such  date  of  her  husband's retirement on annuity, the
32    amount provided in the immediately preceding paragraph for  a
33    widow  60  or  more years of age on the date of her husband's
34    retirement on annuity,  shall,  in  the  case  of  such  then
 
                            -35-               LRB9208102LDcs
 1    younger  widow,  be  reduced by 0.25% for each month that her
 2    then attained age was less than 60 years if the employee  was
 3    born  before January 1, 1936, or withdraws from service on or
 4    after January 1, 1988, or 0.5% for each month that  her  then
 5    attained  age was less than 60 years if the employee was born
 6    on or after January 1, 1936 and withdraws from service before
 7    January 1, 1988.
 8        If the date of the employee's retirement on annuity is on
 9    or after July 1, 1990, and if the widow of the  employee  has
10    not  attained age 55 by the date of the employee's retirement
11    on annuity, the amount otherwise provided in this  subsection
12    (b)  shall  be  reduced by 0.25% for each month that her then
13    attained age is less  than  55  years;  except  that  if  the
14    employee  retires  on  annuity on or after January 1, 1998 at
15    age 50 or over with at least 30 years of service or at age 55
16    or over with at least 25 years of service, there shall be  no
17    reduction  due  to the widow's age if she has attained age 50
18    on or before the employee's date of death, and if  the  widow
19    has  not  attained age 50 on or before the employee's date of
20    death the amount otherwise provided in  this  subsection  (b)
21    shall  be  reduced  by  0.25%  for  each  month that her then
22    attained age is less than 50 years.
23        (c)  The  foregoing  provisions   relating   to   minimum
24    annuities  for  widows  shall  not  apply to the widow of any
25    former employee receiving an annuity from the fund on  August
26    2,   1965  or  on  the  effective  date  of  this  amendatory
27    provision, who re-enters service as a former employee, unless
28    such employee renders at least 3 years of additional  service
29    after the date of re-entry.
30        (d)  (Blank).
31        (e)  (Blank).
32        (f)  The  amendments  to  this Section by this amendatory
33    Act of 1985, relating to changing the discount because of age
34    from 1/2 of 1% to 0.25% per month  for  widows  of  employees
 
                            -36-               LRB9208102LDcs
 1    born  before  January 1, 1936, shall apply only to qualifying
 2    widows whose husbands die while in the service  on  or  after
 3    August  16, 1985 or withdraw and enter on annuity on or after
 4    August 16, 1985.
 5        (g)  Beginning on January 1, 1999, the minimum amount  of
 6    widow's  annuity  shall  be  $800  per month for life for the
 7    following classes of widows, without regard to the fact  that
 8    the  death  of  the  employee occurred prior to the effective
 9    date of this amendatory Act of 1998:
10             (1)  any widow annuitant alive and receiving a  term
11        annuity  on  the effective date of this amendatory Act of
12        1998, except a reciprocal annuity;
13             (2)  any widow annuitant alive and receiving a  life
14        annuity  on  the effective date of this amendatory Act of
15        1998, except a reciprocal annuity;
16             (3)  any  widow  annuitant  alive  and  receiving  a
17        reciprocal  annuity  on  the  effective  date   of   this
18        amendatory  Act  of 1998, whose employee spouse's service
19        in this fund was at least 5 years;
20             (4)  the widow of an employee with at least 10 years
21        of service in this fund who dies after retirement, if the
22        retirement occurred prior to the effective date  of  this
23        amendatory Act of 1998;
24             (5)  the widow of an employee with at least 10 years
25        of  service  in  this  fund who dies after retirement, if
26        withdrawal occurs on or after the effective date of  this
27        amendatory Act of 1998;
28             (6)  the  widow  of  an employee who dies in service
29        with at least 5 years of service in  this  fund,  if  the
30        death in service occurs on or after the effective date of
31        this amendatory Act of 1998.
32        The  increases  granted under items (1), (2), (3) and (4)
33    of this subsection (g) shall not  be  limited  by  any  other
34    Section of this Act.
 
                            -37-               LRB9208102LDcs
 1        (h)  The  widow  of  an  employee  who retired or died in
 2    service on or after January 1, 1985 and before July 1,  1990,
 3    at  age  55  or  older, and with at least 35 years of service
 4    credit,  shall  be  entitled  to  have  her  widow's  annuity
 5    increased, effective January 1, 1991, to an amount  equal  to
 6    50%  of  the  retirement  annuity  that the deceased employee
 7    received on the  date  of  retirement,  or  would  have  been
 8    eligible  to  receive  if he had retired on the day preceding
 9    the date of his death in service, provided that if the  widow
10    had  not  attained  age  60  by  the  date  of the employee's
11    retirement or death in service, the  amount  of  the  annuity
12    shall  be  reduced  by  0.25%  for  each  month that her then
13    attained  age  was  less  than  age  60  if  the   employee's
14    retirement  or  death in service occurred on or after January
15    1, 1988, or by 0.5%  for each month that her attained age  is
16    less  than  age  60  if the employee's retirement or death in
17    service occurred prior to January 1, 1988.  However, in cases
18    where a refund of excess contributions  for  widow's  annuity
19    has  been  paid by the Fund, the increase in benefit provided
20    by this subsection (h) shall be contingent upon repayment  of
21    the  refund  to  the Fund with interest at the effective rate
22    from the date of refund to the date of payment.
23        (i)  If a deceased employee  is  receiving  a  retirement
24    annuity  at  the  time  of  death and that death occurs on or
25    after June 27, 1997, the widow may elect to receive, in  lieu
26    of  any other annuity provided under this Article, 50% of the
27    deceased employee's retirement annuity at the time  of  death
28    reduced  by  0.25% for each month that the widow's age on the
29    date of death is less than 55; except that  if  the  employee
30    dies on or after January 1, 1998 and withdrew from service on
31    or  after  June  27,  1997 at age 50 or over with at least 30
32    years of service or at age 55 or over with at least 25  years
33    of  service,  there  shall be no reduction due to the widow's
34    age if she has attained age 50 on or  before  the  employee's
 
                            -38-               LRB9208102LDcs
 1    date of death, and if the widow has not attained age 50 on or
 2    before  the  employee's  date  of  death the amount otherwise
 3    provided in this subsection (i) shall be reduced by 0.25% for
 4    each month that her age on the date of death is less than  50
 5    years.    However,   in   cases  where  a  refund  of  excess
 6    contributions for widow's annuity has been paid by the  Fund,
 7    the  benefit  provided  by  this subsection (i) is contingent
 8    upon repayment of the refund to the Fund with interest at the
 9    effective rate from  the  date  of  refund  to  the  date  of
10    payment.
11        (j)  For  widows of employees who died before January 23,
12    1987 after retirement on annuity or in service,  the  maximum
13    dollar  amount  limitation  on widow's annuity shall cease to
14    apply, beginning with the first  annuity  payment  after  the
15    effective date of this amendatory Act of 1997; except that if
16    a refund of excess contributions for widow's annuity has been
17    paid by the Fund, the increase resulting from this subsection
18    (j)  shall not begin before the refund has been repaid to the
19    Fund, together with interest at the effective rate  from  the
20    date of the refund to the date of repayment.
21        (k)  In  lieu  of  any  other  annuity  provided  in this
22    Article, an eligible  spouse  of  an  employee  who  dies  in
23    service  at  least  60  days after the effective date of this
24    amendatory Act of the 92nd General Assembly with at least  10
25    years  of  service  shall be entitled to an annuity of 50% of
26    the minimum formula annuity earned and accrued to the  credit
27    of  the  employee  at the date of death.  For the purposes of
28    this subsection,  the  minimum  formula  annuity  earned  and
29    accrued  to  the credit of the employee is equal to 2.40% for
30    each year of service of the highest average annual salary for
31    any 4 consecutive years within the last 10 years  of  service
32    immediately  preceding  the date of death, up to a maximum of
33    80% of the highest average annual salary.  This annuity shall
34    not be reduced due to the age of the employee or spouse.   In
 
                            -39-               LRB9208102LDcs
 1    addition  to  any  other  eligibility requirements under this
 2    Article, the spouse is eligible for this annuity only if  the
 3    marriage was in effect for 10 full years or more.
 4    (Source:  P.A.  90-32,  eff.  6-27-97;  90-511, eff. 8-22-97;
 5    90-766, eff. 8-14-98.)

 6        (40 ILCS 5/11-153) (from Ch. 108 1/2, par. 11-153)
 7        Sec. 11-153.  Child's annuity.
 8        (a)  A "Child's Annuity" shall be payable  monthly  after
 9    the  death  of an employee parent to an unmarried child until
10    the child's attainment of age 18 or marriage, whichever event
11    shall first occur, under the  following  conditions,  if  the
12    child  was  born  or in esse before the employee attained age
13    65, and before he withdrew from service:
14             (1)  upon death resulting from  injury  incurred  in
15        the performance of an act of duty;
16             (2)  upon death in service from any cause other than
17        injury  incurred  in  the  performance  of  duty,  if the
18        employee has at least 4 years of service after  the  date
19        of  his original entry into service, and at least 2 years
20        after the date of his latest re-entry;
21             (2)(3)  upon death of an employee who withdraws from
22        service after age 55 (or after age 50 with  at  least  30
23        years  of  service  if withdrawal is on or after June 27,
24        1997) and  who  has  entered  upon  or  is  eligible  for
25        annuity.
26    Payment shall be made as provided in Section 11-124.
27        (b)  After  July  24,  1967,  an  adopted  child shall be
28    entitled to the same child's annuity  benefits  provided  for
29    natural children in this Article, if:
30             (1)  the  child  was legally adopted by the employee
31        at least one year prior to the death of the employee; and
32             (2)  the  child  was  adopted  before  the  employee
33        withdrew from service attained age 55.
 
                            -40-               LRB9208102LDcs
 1    (Source: P.A. 90-31, eff. 6-27-97; 90-766, eff. 8-14-98.)

 2        (40 ILCS 5/11-156) (from Ch. 108 1/2, par. 11-156)
 3        Sec. 11-156.  Ordinary disability benefit.   An employee,
 4    while under age 65 and prior to January  1,  1979,  or  while
 5    under  age 70 and after January 1, 1979, who becomes disabled
 6    after the effective date as the result  of  any  cause  other
 7    than injury incurred in the performance of any act or acts of
 8    duty, shall be entitled to ordinary disability benefit during
 9    such disability, after the first 30 days thereof.
10        The disability benefit prescribed herein shall cease when
11    the  first  of  the  following  dates  shall  occur  and  the
12    employee,  if still disabled, shall thereafter be entitled to
13    such annuity as is otherwise provided in this Article:
14        (a)  the date disability ceases.
15        (b)  the date the disabled employee attains  age  65  for
16    disability commencing prior to January 1, 1979.
17        (c)  the  date  the  disabled  employee  attains  65  for
18    disability  commencing  prior  to attainment of age 60 in the
19    service and after January 1, 1979.
20        (d)  the date the disabled employee attains the age of 70
21    for disability commencing after attainment of age 60  in  the
22    service and after January 1, 1979.
23        (e)  the date the payments of the benefit shall exceed in
24    the  aggregate,  throughout  the employee's service, a period
25    equal to 1/4 of the total service rendered prior to the  date
26    of disability but in no event more than 5 years. In computing
27    such total the following periods shall be excluded:
28        (i)  Any   period  during  which  the  employee  received
29    ordinary disability benefit;
30        (ii)  Any period of absence from duty, whether caused  by
31    layoff,  leave of absence or suspension of employment, or any
32    other reason, unless the board, upon  satisfactory  evidence,
33    finds that the disability resulted from a cause which existed
 
                            -41-               LRB9208102LDcs
 1    or  occurred prior to such period of absence. No employee who
 2    becomes disabled and whose disability begins  during  absence
 3    from  duty (other than while on vacation with pay) shall have
 4    any right to ordinary disability benefit,  except  as  herein
 5    provided, until he recovers from such disability and performs
 6    the  duties  of  his  position in the service for at least 15
 7    consecutive days, Sundays and holidays excepted,  after  such
 8    recovery.
 9        The  first payment shall be made not later than one month
10    after the benefit is  granted  and  each  subsequent  payment
11    shall  be  made  not  later  than  one  month  after the last
12    preceding payment.
13        Ordinary  disability  benefit  shall  be   50%   of   the
14    employee's salary at the date of disability.
15        For  ordinary  disability benefits paid before January 1,
16    2002, before any payment, an amount equal to,  less  the  sum
17    ordinarily  deducted from salary for all annuity purposes for
18    such period for which the ordinary disability benefit is made
19    shall be deducted from  such  payment  and  credited  to  the
20    employee  as  a  deduction  from salary for that period.  The
21    sums so deducted shall be credited to the employee and  shall
22    be  regarded,  for  annuity and refund purposes, as an amount
23    contributed by him.
24        For ordinary disability benefits paid on or after January
25    1, 2002, the fund shall credit  sums  equal  to  the  amounts
26    ordinarily  contributed  by  an employee for annuity purposes
27    for any period during which the  employee  receives  ordinary
28    disability,  and  those  sums  shall  be  deemed  for annuity
29    purposes  and  purposes  of   Section   11-169   as   amounts
30    contributed  by  the  employee.   These  amounts credited for
31    annuity purposes shall not be credited for refund purposes.
32        Any  employee  whose  ordinary  disability  benefit   was
33    terminated  after January 1, 1979 by reason of his attainment
34    of age 65 and who continues disabled after age 65  may  elect
 
                            -42-               LRB9208102LDcs
 1    before  July  1, 1986 to have such benefits resumed beginning
 2    at  the  time  of  such  termination  and  continuing   until
 3    termination is required under this Section as amended by this
 4    amendatory  Act  of 1985.  The amount payable to any employee
 5    for such resumed benefit for any period shall be  reduced  by
 6    the  amount  of  any retirement annuity paid to such employee
 7    under this Article for the same period of time or  by  refund
 8    paid in lieu of annuity.
 9    (Source: P.A. 85-964.)

10        (40 ILCS 5/11-164) (from Ch. 108 1/2, par. 11-164)
11        Sec.  11-164.  Refunds - Withdrawal before age 55 or with
12    less than 10 years of service.
13        (1)  An employee, without regard to  length  of  service,
14    who  withdraws before age 55, and any employee with less than
15    10 years of service who withdraws before  age  60,  shall  be
16    entitled  to  a  refund  of  the total sum accumulated to his
17    credit as of date of withdrawal for age and  service  annuity
18    and widow's annuity from amounts contributed by him or by the
19    City   in   lieu   of   employee  contributions  during  duty
20    disability; provided that such  amounts  contributed  by  the
21    city  after December 31, 1983 while the employee is receiving
22    duty disability benefits and amounts credited to the employee
23    for annuity purposes by the  fund  after  December  31,  2001
24    while  the employee is receiving ordinary disability benefits
25    shall not be credited for refund purposes.
26        The board may  in  its  discretion  withhold  payment  of
27    refund  for  a period not to exceed 6 months from the date of
28    withdrawal. Interest at the effective rate shall be  paid  on
29    any  such  refund withheld during such withheld period not to
30    exceed 6 months.
31        (2)  Upon receipt of the refund, the employee  surrenders
32    and forfeits all rights to any annuity or other benefits, for
33    himself  and  for  any other persons who might have benefited
 
                            -43-               LRB9208102LDcs
 1    through him; provided that he may have such period of service
 2    counted in computing the term of  his  service  for  age  and
 3    service  annuity  purposes  only  if  he  becomes an employee
 4    before age 65.
 5        (3)  An employee who does not receive a refund shall have
 6    all amounts to his credit for annuity purposes on the date of
 7    his withdrawal improved by interest only until he becomes age
 8    65, while out of service, at  the  effective  rate,  for  his
 9    benefit  and the benefit of any person who may have any right
10    to annuity through  him  if  he  re-enters  the  service  and
11    attains a right to annuity.
12        (4)  Any  such employee shall retain such right to refund
13    of such amounts when  he  shall  apply  for  same,  until  he
14    re-enters the service or until the amount of annuity to which
15    he  shall  have  a right shall have been fixed as provided in
16    this Article. Thereafter, no such right shall  exist  in  the
17    case of any such employee.
18    (Source: P.A. 83-499.)

19        (40 ILCS 5/11-167) (from Ch. 108 1/2, par. 11-167)
20        Sec.  11-167.  Refunds in lieu of annuity.  In lieu of an
21    annuity, an employee who withdraws, and whose  annuity  would
22    amount  to  less  than  $800  a  month  for life may elect to
23    receive a refund of the total sum accumulated to  his  credit
24    from employee contributions for annuity purposes.
25        The  widow of any employee, eligible for annuity upon the
26    death of her husband, whose annuity would amount to less than
27    $800 a month for life, may, in lieu  of  a  widow's  annuity,
28    elect  to  receive  a refund of the accumulated contributions
29    for annuity purposes, based on the amounts contributed by her
30    deceased  employee  husband,  but  reduced  by  any   amounts
31    theretofore  paid  to him in the form of an annuity or refund
32    out of such accumulated contributions.
33        Accumulated  contributions   shall   mean   the   amounts
 
                            -44-               LRB9208102LDcs
 1    including   interest  credited  thereon  contributed  by  the
 2    employee for age and service and widow's annuity to the  date
 3    of  his  withdrawal  or  death,  whichever  first occurs, and
 4    including the accumulations from any amounts contributed  for
 5    him  as  salary  deductions  while  receiving duty disability
 6    benefits; provided that such amounts contributed by the  city
 7    after  December 31, 1983 while the employee is receiving duty
 8    disability benefits and amounts credited to the employee  for
 9    annuity  purposes  by  the fund after December 31, 2001 while
10    the employee is receiving ordinary disability benefits.
11        The acceptance of such refund in lieu of widow's annuity,
12    on the part of a widow, shall not deprive a child or children
13    of the right to receive a child's annuity as provided  for in
14    Sections 11-153 and 11-154 of this Article, and neither shall
15    the payment of a child's annuity in the case of  such  refund
16    to  a  widow reduce the amount herein set forth as refundable
17    to such widow electing a refund in lieu of widow's annuity.
18    (Source: P.A. 90-655, eff. 7-30-98; 91-887, eff. 7-6-00.)

19        Section 95.  The State Mandates Act is amended by  adding
20    Section 8.25 as follows:

21        (30 ILCS 805/8.25 new)
22        Sec.  8.25.  Exempt  mandate.  Notwithstanding Sections 6
23    and 8 of this Act, no reimbursement by the State is  required
24    for  the  implementation  of  any  mandate  created  by  this
25    amendatory Act of the 92nd General Assembly.

26        Section  99.  Effective date.  This Act takes effect upon
27    becoming law.
 
                            -45-               LRB9208102LDcs
 1                                INDEX
 2               Statutes amended in order of appearance
 3    40 ILCS 5/8-120           from Ch. 108 1/2, par. 8-120
 4    40 ILCS 5/8-137           from Ch. 108 1/2, par. 8-137
 5    40 ILCS 5/8-138           from Ch. 108 1/2, par. 8-138
 6    40 ILCS 5/8-150.1         from Ch. 108 1/2, par. 8-150.1
 7    40 ILCS 5/8-158           from Ch. 108 1/2, par. 8-158
 8    40 ILCS 5/8-161           from Ch. 108 1/2, par. 8-161
 9    40 ILCS 5/8-168           from Ch. 108 1/2, par. 8-168
10    40 ILCS 5/8-171           from Ch. 108 1/2, par. 8-171
11    40 ILCS 5/11-134          from Ch. 108 1/2, par. 11-134
12    40 ILCS 5/11-134.1        from Ch. 108 1/2, par. 11-134.1
13    40 ILCS 5/11-145.1        from Ch. 108 1/2, par. 11-145.1
14    40 ILCS 5/11-153          from Ch. 108 1/2, par. 11-153
15    40 ILCS 5/11-156          from Ch. 108 1/2, par. 11-156
16    40 ILCS 5/11-164          from Ch. 108 1/2, par. 11-164
17    40 ILCS 5/11-167          from Ch. 108 1/2, par. 11-167
18    30 ILCS 805/8.25 new

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