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92nd General Assembly

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Public Act 92-0599

HB5168 Enrolled                                LRB9212225EGfg

    AN ACT in relation to public employee benefits.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  10.   The  Illinois  Pension  Code is amended by
changing Sections  5-144,  5-167.5,  6-164.2,  8-110,  8-113,
8-120,  8-137,  8-138, 8-150.1, 8-158, 8-161, 8-164.1, 8-168,
8-171, 8-227, 8-230.7,  8-243.2,  9-121.15,  9-134,  9-134.3,
9-146.1,  9-148,  9-163,  9-179.3,  9-219,  11-125.8, 11-134,
11-134.1, 11-145.1, 11-153, 11-156, 11-160.1, 11-164, 11-167,
13-301, 13-302, 13-304,  13-502,  13-503,  14-105.7,  15-112,
17-106,  17-119.1,  17-121,  17-134,  and  17-149  and adding
Sections  5-129.1,  5-233.1,  8-230.9,  8-230.10,   9-121.16,
9-134.4, 9-148.1, and 13-304.1 as follows:

    (40 ILCS 5/5-129.1 new)
    Sec.  5-129.1.  Withdrawal  at mandatory retirement age -
amount of annuity.
    (a)  In  lieu  of  any  annuity  provided  in  the  other
provisions of this Article, a policeman who  is  required  to
withdraw   from   service  due  to  attainment  of  mandatory
retirement age and has less than 20 years of  service  credit
may  elect  to  receive  an  annuity  equal to 30% of average
salary for the first 10 years of service plus 2%  of  average
salary for each completed year of service or fraction thereof
in  excess  of  10,  but  not  to  exceed a maximum of 48% of
average salary.
    (b)  For the purpose of this  Section,  "average  salary"
means  the  average  of  the  highest  4 consecutive years of
salary within the last 10 years of service, or  such  shorter
period  as  may  be  used  to  calculate a minimum retirement
annuity under Section 5-132.
    (c)  For  the  purpose  of  qualifying  for  the   annual
increases  provided  in  Section  5-167.1,  a policeman whose
retirement annuity is calculated under this Section shall  be
deemed to qualify for a minimum annuity.

    (40 ILCS 5/5-144) (from Ch. 108 1/2, par. 5-144)
    Sec.  5-144. Death from injury in the performance of acts
of duty; compensation annuity and supplemental annuity.
    (a)  Beginning January 1, 1986,  and  without  regard  to
whether  or  not  the  annuity  in question began before that
date, if the annuity for  the  widow  of  a  policeman  whose
death,  on  or  after  January  1,  1940, results from injury
incurred in the performance of an act or acts of duty, is not
equal to the sum hereinafter stated,  "compensation  annuity"
equal  to  the  difference  between the annuity and an amount
equal to 75%  of  the  policeman's  salary  attached  to  the
position he held by certification and appointment as a result
of   competitive   civil   service   examination  that  would
ordinarily have been paid to him as though he were in  active
discharge  of  his duties shall be payable to the widow until
the policeman, had he lived, would have attained age 63.  The
total amount of the widow's  annuity  and  children's  awards
payable  to the family of such policeman shall not exceed the
amounts stated in Section 5-152.
    The provisions of this Section, as amended by Public  Act
84-1104,  including  the reference to the date upon which the
deceased policeman would have attained age 63, shall apply to
all widows of  policemen  whose  death  occurs  on  or  after
January  1, 1940 due to injury incurred in the performance of
an act of duty, regardless of  whether  such  death  occurred
prior  to  September 17, 1969.  For those widows of policemen
that died prior to September 17, 1969,  who  became  eligible
for compensation annuity by the action of Public Act 84-1104,
such  compensation annuity shall begin and be calculated from
January 1, 1986.  The provisions of this  amendatory  Act  of
1987 are intended to restate and clarify the intent of Public
Act 84-1104, and do not make any substantive change.
    (b)  Upon   termination   of  the  compensation  annuity,
"supplemental annuity" shall become  payable  to  the  widow,
equal to the difference between the annuity for the widow and
an  amount  equal  to 75% 50% of the annual salary (including
all salary increases and longevity raises) that the policeman
would have been receiving when he  attained  age  63  if  the
policeman  had continued in service at the same rank (whether
career service or exempt) that he last  held  in  the  police
department.   The  increase in supplemental annuity resulting
from this amendatory Act of the 92nd  General  Assembly  1995
applies  without regard to whether the deceased policeman was
in service on or after the effective date of this  amendatory
Act  and  is payable from July 1, 2002 January 1, 1996 or the
date upon which the supplemental annuity begins, whichever is
later.
    (c)  Neither compensation nor supplemental annuity  shall
be paid unless the death of the policeman was a direct result
of  the  injury,  or  the  injury was of such character as to
prevent  him  from  subsequently  resuming   service   as   a
policeman;  nor shall compensation or supplemental annuity be
paid unless the widow was the wife of the policeman when  the
injury occurred.
(Source: P.A. 89-12, eff. 4-20-95.)

    (40 ILCS 5/5-167.5) (from Ch. 108 1/2, par. 5-167.5)
    Sec. 5-167.5.  Group health benefit.
    (a)  For  the  purposes  of this Section: (1) "annuitant"
means a person receiving an age and service annuity, a  prior
service  annuity,  a widow's annuity, a widow's prior service
annuity, or a minimum annuity, under Article 5, 6, 8  or  11,
by  reason  of  previous  employment  by  the City of Chicago
(hereinafter, in this Section,  "the  city");  (2)  "Medicare
Plan  annuitant" means an annuitant described in item (1) who
is eligible for Medicare benefits; and (3) "non-Medicare Plan
annuitant" means an annuitant described in item  (1)  who  is
not eligible for Medicare benefits.
    (b)  The  city  shall  offer  group  health  benefits  to
annuitants  and  their  eligible  dependents through June 30,
2003 2002.  The basic city health care plan available  as  of
June  30, 1988 (hereinafter called the basic city plan) shall
cease to be a plan offered by the city, except  as  specified
in  subparagraphs  (4)  and (5) below, and shall be closed to
new enrollment or transfer of coverage for  any  non-Medicare
Plan  annuitant  as  of  June  27, the effective date of this
amendatory Act of 1997.  The city  shall  offer  non-Medicare
Plan  annuitants  and their eligible dependents the option of
enrolling in its Annuitant Preferred Provider  Plan  and  may
offer  additional  plans  for  any  annuitant.   The city may
amend, modify, or terminate any of its  additional  plans  at
its  sole  discretion.   If  the  city  offers  more than one
annuitant plan, the city shall allow  annuitants  to  convert
coverage  from one city annuitant plan to another, except the
basic city plan, during times designated by the  city,  which
periods  of  time  shall  occur  at  least annually.  For the
period dating from  June  27,  the  effective  date  of  this
amendatory  Act  of  1997 through June 30, 2003 2002, monthly
premium rates may be increased for annuitants during the time
of their  participation  in  non-Medicare  plans,  except  as
provided in subparagraphs (1) through (4) of this subsection.
         (1)  For  non-Medicare  Plan  annuitants who retired
    prior to  January  1,  1988,  the  annuitant's  share  of
    monthly premium for non-Medicare Plan coverage only shall
    not  exceed the highest premium rate chargeable under any
    city non-Medicare Plan annuitant coverage as of  December
    1, 1996.
         (2)  For  non-Medicare Plan annuitants who retire on
    or after  January  1,  1988,  the  annuitant's  share  of
    monthly premium for non-Medicare Plan coverage only shall
    be  the  rate in effect on December 1, 1996, with monthly
    premium increases to take effect no sooner than April  1,
    1998  at  the  lower  of  (i) the premium rate determined
    pursuant to subsection (g) or (ii) 10% of the immediately
    previous month's rate for similar coverage.
         (3)  In  no  event  shall  any   non-Medicare   Plan
    annuitant's  share  of  monthly  premium for non-Medicare
    Plan coverage  exceed  10%  of  the  annuitant's  monthly
    annuity.
         (4)  Non-Medicare  Plan  annuitants who are enrolled
    in the basic city plan as of July 1, 1998 may  remain  in
    the  basic city plan, if they so choose, on the condition
    that they are not entitled to the caps on rates set forth
    in subparagraphs (1) through (3), and their premium  rate
    shall   be   the   rate  determined  in  accordance  with
    subsections (c) and (g).
         (5)  Medicare  Plan  annuitants  who  are  currently
    enrolled in the basic city  plan  for  Medicare  eligible
    annuitants  may  remain  in that plan, if they so choose,
    through June 30, 2003  2002.   Annuitants  shall  not  be
    allowed to enroll in or transfer into the basic city plan
    for  Medicare  eligible  annuitants  on  or after July 1,
    1999.  The city shall  continue  to  offer  annuitants  a
    supplemental   Medicare   Plan   for   Medicare  eligible
    annuitants through June 30, 2003 2002, and the  city  may
    offer additional plans to Medicare eligible annuitants in
    its sole discretion.  All Medicare Plan annuitant monthly
    rates  shall be determined in accordance with subsections
    (c) and (g).
    (c)  The city shall pay 50% of the  aggregated  costs  of
the   claims   or   premiums,  whichever  is  applicable,  as
determined in accordance with subsection (g),  of  annuitants
and  their  dependents under all health care plans offered by
the city.  The city may reduce its obligation by  application
of  price  reductions  obtained  as  a  result  of  financial
arrangements with providers or plan administrators.
    (d)  From  January  1, 1993 until June 30, 2003 2002, the
board shall pay to the city on behalf of each of the  board's
annuitants  who  chooses  to participate in any of the city's
plans the following amounts: up to a maximum of $75 per month
for each such annuitant  who  is  not  qualified  to  receive
medicare  benefits,  and up to a maximum of $45 per month for
each such annuitant who  is  qualified  to  receive  medicare
benefits.
    The  payments  described in this subsection shall be paid
from the  tax  levy  authorized  under  Section  5-168;  such
amounts  shall  be credited to the reserve for group hospital
care and group medical and surgical plan  benefits,  and  all
payments  to the city required under this subsection shall be
charged against it.
    (e)  The city's obligations under subsections (b) and (c)
shall terminate on June 30, 2003 2002, except with regard  to
covered expenses incurred but not paid as of that date.  This
subsection  shall  not  affect  other obligations that may be
imposed by law.
    (f)  The group coverage plans described in  this  Section
are  not  and  shall  not  be  construed  to  be  pension  or
retirement benefits for purposes of Section 5 of Article XIII
of the Illinois Constitution of 1970.
    (g)  For  each  annuitant  plan  offered by the city, the
aggregate cost of claims, as reflected in the  claim  records
of  the  plan  administrator, shall be estimated by the city,
based upon a written determination by a qualified independent
actuary to be appointed and paid by the city and  the  board.
If  the estimated annual cost for each annuitant plan offered
by  the  city  is  more  than  the  estimated  amount  to  be
contributed by the city for that plan pursuant to subsections
(b) and (c) during that year plus the estimated amounts to be
paid pursuant to subsection (d)  and  by  the  other  pension
boards  on  behalf  of  other  participating  annuitants, the
difference shall be paid by all annuitants  participating  in
the  plan,  except  as provided in subsection (b).  The city,
based upon the  determination  of  the  independent  actuary,
shall set the monthly amounts to be paid by the participating
annuitants.    The board may deduct the amounts to be paid by
its annuitants from  the  participating  annuitants'  monthly
annuities.
    If it is determined from the city's annual audit, or from
audited  experience  data,  that the total amount paid by all
participating annuitants was more or less than the difference
between (1) the cost  of  providing  the  group  health  care
plans,  and  (2) the sum of the amount to be paid by the city
as determined under subsection (c) and the  amounts  paid  by
all  the pension boards, then the independent actuary and the
city shall account for the excess or shortfall  in  the  next
year's   payments   by  annuitants,  except  as  provided  in
subsection (b).
    (h)  An annuitant may elect to terminate  coverage  in  a
plan  at the end of any month, which election shall terminate
the annuitant's obligation to contribute  toward  payment  of
the excess described in subsection (g).
    (i)  The  city  shall  advise  the  board of all proposed
premium increases for health care at least 75 days  prior  to
the  effective  date of the change, and any increase shall be
prospective only.
(Source: P.A. 90-32, eff. 6-27-97.)

    (40 ILCS 5/5-233.1 new)
    Sec. 5-233.1.  Transfer of creditable service to  Article
8 or 11 fund.  A person who (i) is an active participant in a
fund  established under Article 8 or 11 of this Code and (ii)
has at least 10 and no  more  than  22  years  of  creditable
service  in  this  Fund may, within the 90 days following the
effective date of this Section, apply for transfer of his  or
her  credits  and creditable service accumulated in this Fund
to the Article 8 or 11 fund.  At the time  of  the  transfer,
this  Fund  shall  pay  to the Article 8 or 11 fund an amount
consisting of:
         (1)  the amounts credited to the  applicant  through
    employee contributions for the service to be transferred,
    including interest; and
         (2)  the    corresponding    municipality   credits,
    including interest, on the books of the Fund on the  date
    of transfer.
Participation  in  this  Fund  with  respect  to  the credits
transferred shall terminate on the date of transfer.

    (40 ILCS 5/6-164.2) (from Ch. 108 1/2, par. 6-164.2)
    Sec. 6-164.2.  Group health benefit.
    (a)  For the purposes of this  Section:  (1)  "annuitant"
means  a person receiving an age and service annuity, a prior
service annuity, a widow's annuity, a widow's  prior  service
annuity,  or  a minimum annuity, under Article 5, 6, 8 or 11,
by reason of previous  employment  by  the  City  of  Chicago
(hereinafter,  in  this  Section,  "the city"); (2) "Medicare
Plan annuitant" means an annuitant described in item (1)  who
is eligible for Medicare benefits; and (3) "non-Medicare Plan
annuitant"  means  an  annuitant described in item (1) who is
not eligible for Medicare benefits.
    (b)  The  city  shall  offer  group  health  benefits  to
annuitants and their eligible  dependents  through  June  30,
2003  2002.   The basic city health care plan available as of
June 30, 1988 (hereinafter called the basic city plan)  shall
cease  to  be a plan offered by the city, except as specified
in subparagraphs (4) and (5) below, and shall  be  closed  to
new  enrollment  or transfer of coverage for any non-Medicare
Plan annuitant as of June 27,  the  effective  date  of  this
amendatory  Act  of  1997.  The city shall offer non-Medicare
Plan annuitants and their eligible dependents the  option  of
enrolling  in  its  Annuitant Preferred Provider Plan and may
offer additional plans  for  any  annuitant.   The  city  may
amend,  modify,  or  terminate any of its additional plans at
its sole discretion.   If  the  city  offers  more  than  one
annuitant  plan,  the  city shall allow annuitants to convert
coverage from one city annuitant plan to another, except  the
basic  city  plan, during times designated by the city, which
periods of time shall  occur  at  least  annually.   For  the
period  dating  from  June  27,  the  effective  date of this
amendatory Act of 1997 through June 30,  2003  2002,  monthly
premium rates may be increased for annuitants during the time
of  their  participation  in  non-Medicare  plans,  except as
provided in subparagraphs (1) through (4) of this subsection.
         (1)  For non-Medicare Plan  annuitants  who  retired
    prior  to  January  1,  1988,  the  annuitant's  share of
    monthly premium for non-Medicare Plan coverage only shall
    not exceed the highest premium rate chargeable under  any
    city  non-Medicare Plan annuitant coverage as of December
    1, 1996.
         (2)  For non-Medicare Plan annuitants who retire  on
    or  after  January  1,  1988,  the  annuitant's  share of
    monthly premium for non-Medicare Plan coverage only shall
    be the rate in effect on December 1, 1996,  with  monthly
    premium  increases to take effect no sooner than April 1,
    1998 at the lower of  (i)  the  premium  rate  determined
    pursuant to subsection (g) or (ii) 10% of the immediately
    previous month's rate for similar coverage.
         (3)  In   no   event  shall  any  non-Medicare  Plan
    annuitant's share of  monthly  premium  for  non-Medicare
    Plan  coverage  exceed  10%  of  the  annuitant's monthly
    annuity.
         (4)  Non-Medicare Plan annuitants who  are  enrolled
    in  the  basic city plan as of July 1, 1998 may remain in
    the basic city plan, if they so choose, on the  condition
    that they are not entitled to the caps on rates set forth
    in  subparagraphs (1) through (3), and their premium rate
    shall  be  the  rate  determined   in   accordance   with
    subsections (c) and (g).
         (5)  Medicare  Plan  annuitants  who  are  currently
    enrolled  in  the  basic  city plan for Medicare eligible
    annuitants may remain in that plan, if  they  so  choose,
    through  June  30,  2003  2002.   Annuitants shall not be
    allowed to enroll in or transfer into the basic city plan
    for Medicare eligible annuitants  on  or  after  July  1,
    1999.   The  city  shall  continue  to offer annuitants a
    supplemental  Medicare   Plan   for   Medicare   eligible
    annuitants  through  June 30, 2003 2002, and the city may
    offer additional plans to Medicare eligible annuitants in
    its sole discretion.  All Medicare Plan annuitant monthly
    rates shall be determined in accordance with  subsections
    (c) and (g).
    (c)  The  city  shall  pay 50% of the aggregated costs of
the  claims  or  premiums,  whichever   is   applicable,   as
determined  in  accordance with subsection (g), of annuitants
and their dependents under all health care plans  offered  by
the  city.  The city may reduce its obligation by application
of  price  reductions  obtained  as  a  result  of  financial
arrangements with providers or plan administrators.
    (d)  From January 1, 1993 until June 30, 2003  2002,  the
board  shall pay to the city on behalf of each of the board's
annuitants who chooses to participate in any  of  the  city's
plans the following amounts: up to a maximum of $75 per month
for  each  such  annuitant  who  is  not qualified to receive
medicare benefits, and up to a maximum of $45 per  month  for
each  such  annuitant  who  is  qualified to receive medicare
benefits.
    The payments described in this subsection shall  be  paid
from  the  tax  levy  authorized  under  Section  6-165; such
amounts shall be credited to the reserve for  group  hospital
care  and  group  medical and surgical plan benefits, and all
payments to the city required under this subsection shall  be
charged against it.
    (e)  The city's obligations under subsections (b) and (c)
shall  terminate on June 30, 2003 2002, except with regard to
covered expenses incurred but not paid as of that date.  This
subsection shall not affect other  obligations  that  may  be
imposed by law.
    (f)  The  group  coverage plans described in this Section
are  not  and  shall  not  be  construed  to  be  pension  or
retirement benefits for purposes of Section 5 of Article XIII
of the Illinois Constitution of 1970.
    (g)  For each annuitant plan offered  by  the  city,  the
aggregate  cost  of claims, as reflected in the claim records
of the plan administrator, shall be estimated  by  the  city,
based upon a written determination by a qualified independent
actuary  to  be appointed and paid by the city and the board.
If the estimated annual cost for each annuitant plan  offered
by  the  city  is  more  than  the  estimated  amount  to  be
contributed by the city for that plan pursuant to subsections
(b) and (c) during that year plus the estimated amounts to be
paid  pursuant  to  subsection  (d)  and by the other pension
boards on  behalf  of  other  participating  annuitants,  the
difference  shall  be paid by all annuitants participating in
the plan, except as provided in subsection  (b).   The  city,
based  upon  the  determination  of  the independent actuary,
shall set the monthly amounts to be paid by the participating
annuitants.   The board may deduct the amounts to be paid  by
its  annuitants  from  the  participating annuitants' monthly
annuities.
    If it is determined from the city's annual audit, or from
audited experience data, that the total amount  paid  by  all
participating annuitants was more or less than the difference
between  (1)  the  cost  of  providing  the group health care
plans, and (2) the sum of the amount to be paid by  the  city
as  determined  under  subsection (c) and the amounts paid by
all the pension boards, then the independent actuary and  the
city  shall  account  for the excess or shortfall in the next
year's  payments  by  annuitants,  except  as   provided   in
subsection (b).
    (h)  An  annuitant  may  elect to terminate coverage in a
plan at the end of any month, which election shall  terminate
the  annuitant's  obligation  to contribute toward payment of
the excess described in subsection (g).
    (i)  The city shall advise  the  board  of  all  proposed
premium  increases  for health care at least 75 days prior to
the effective date of the change, and any increase  shall  be
prospective only.
(Source: P.A. 90-32, eff. 6-27-97.)

    (40 ILCS 5/8-110) (from Ch. 108 1/2, par. 8-110)
    Sec. 8-110. Employer.  "Employer":
    (1)  a city of more than 500,000 inhabitants;
    (2)  or  the  Board  of  Education of the such city, with
respect to any of its employees who participate in this Fund;
    (3)  the Chicago Housing Authority, with respect  to  any
of  its employees who participate in this Fund subject to the
provisions of Section 8-230.9;
    (4)  the Public Building Commission  of  the  city,  with
respect to any of its employees who participate in this Fund;
and
    (5)  to  which  this  Article  applies, or the Retirement
Board.
(Source: Laws 1968, p. 181.)

    (40 ILCS 5/8-113) (from Ch. 108 1/2, par. 8-113)
    Sec. 8-113.  Municipal employee,  employee,  contributor,
or    participant.      "Municipal   employee",   "employee",
"contributor", or "participant":
    (a)  Any  employee  of  an  employer  employed   in   the
classified  civil  service  thereof  other  than by temporary
appointment or in a position  excluded  or  exempt  from  the
classified  service  by the Civil Service Act, or in the case
of a city operating under a personnel ordinance, any employee
of an employer employed in the classified or  career  service
under  the provisions of a personnel ordinance, other than in
a  provisional  or  exempt  position  as  specified  in  such
ordinance or in rules and regulations formulated thereunder.
    (b)  Any employee in the service of  an  employer  before
the Civil Service Act came in effect for the employer.
    (c)  Any person employed by the board.
    (d)  Any  person  employed  after  December 31, 1949, but
prior to January 1, 1984, in the service of the  employer  by
temporary  appointment  or  in  a  position  exempt  from the
classified service as set forth in the Civil Service Act,  or
in  a  provisional  or  exempt  position  as specified in the
personnel ordinance, who meets the following qualifications:
    (1)  has  rendered  service  during  not  less  than   12
calendar  months  to  an employer as an employee, officer, or
official, 4 months of which must have been  consecutive  full
normal  working  months of service rendered immediately prior
to filing application to be included; and
    (2)  files written application with the board,  while  in
the service, to be included hereunder.
    (e)  After  December  31,  1949,  any  alderman  or other
officer or official of the  employer,  who  files,  while  in
office,  written  application  with  the board to be included
hereunder.
    (f)  Beginning January 1, 1984, any person employed by an
employer other than the  Chicago  Housing  Authority  or  the
Public  Building  Commission of the city, whether or not such
person is serving by temporary appointment or in  a  position
exempt  from the classified service as set forth in the Civil
Service Act, or  in  a  provisional  or  exempt  position  as
specified  in  the  personnel  ordinance,  provided that such
person is  neither  (1)  an  alderman  or  other  officer  or
official of the employer, nor (2) participating, on the basis
of  such  employment, in any other pension fund or retirement
system established under this Act.
    (g)  After December 31, 1959, any person employed in  the
law  department  of  the city, or municipal court or Board of
Election Commissioners of the city, who was a contributor and
participant, on December 31, 1959, in the annuity and benefit
fund in operation in the city on said date, by virtue of  the
Court  and Law Department Employees' Annuity Act or the Board
of Election Commissioners Employees' Annuity Act.
    After  December  31,  1959,  the   foregoing   definition
includes  any  other person employed or to be employed in the
law department, or municipal court (other than as  a  judge),
or Board of Election Commissioners (if his salary is provided
by  appropriation  of  the  city  council of the city and his
salary paid by the city) -- subject, however, in the case  of
such  persons  not  participants  on  December  31,  1959, to
compliance with  the  same  qualifications  and  restrictions
otherwise  set  forth  in  this  Section  and  made generally
applicable to employees or officers of  the  city  concerning
eligibility for participation or membership.
    (h)  After  December 31, 1965, any person employed in the
public library of the city -- and any other person -- who was
a contributor and participant, on December 31, 1965,  in  the
pension fund in operation in the city on said date, by virtue
of the Public Library Employees' Pension Act.
    (i)  After  December 31, 1968, any person employed in the
house of correction of the city, who was  a  contributor  and
participant,  on  December  31,  1968, in the pension fund in
operation in the city on said date, by virtue of the House of
Correction Employees' Pension Act.
    (j)  Any  person  employed  full-time  on  or  after  the
effective date of this amendatory Act  of  the  92nd  General
Assembly  by the Chicago Housing Authority who has elected to
participate in this Fund as provided  in  subsection  (a)  of
Section 8-230.9.
    (k)  Any person employed full-time by the Public Building
Commission of the city who has elected to participate in this
Fund as provided in subsection (d) of Section 8-230.7.
(Source: P.A. 83-802.)

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

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

    (40 ILCS 5/8-138) (from Ch. 108 1/2, par. 8-138)
    Sec. 8-138.  Minimum annuities - Additional provisions.
    (a)  An employee who withdraws after age 65 or more  with
at  least 20 years of service, for whom the amount of age and
service and prior service annuity combined is less  than  the
amount  stated  in  this  Section,  shall  from  the  date of
withdrawal, instead of all annuities otherwise  provided,  be
entitled  to receive an annuity for life of $150 a year, plus
1 1/2% for each year of service, to and including  20  years,
and  1  2/3%  for  each year of service over 20 years, of his
highest average annual salary for  any  4  consecutive  years
within the last 10 years of service immediately preceding the
date of withdrawal.
    An  employee  who  withdraws  after  20  or more years of
service, before age 65, shall be entitled to such annuity, to
begin not earlier than upon attained age of 55 years if under
such age at withdrawal, reduced by 2% for each full  year  or
fractional  part  thereof  that his attained age is less than
65, plus an additional 2% reduction for  each  full  year  or
fractional part thereof that his attained age when annuity is
to  begin  is less than 60 so that the total reduction at age
55 shall be 30%.
    (b)  An employee who withdraws after July 1, 1957, at age
60 or over, with 20 or more years of service,  for  whom  the
age  and  service and prior service annuity combined, is less
than the amount stated in this  paragraph,  shall,  from  the
date of withdrawal, instead of such annuities, be entitled to
receive  an annuity for life equal to 1 2/3% for each year of
service, of the highest  average  annual  salary  for  any  5
consecutive  years  within  the  last  10  years  of  service
immediately  preceding the date of withdrawal; provided, that
in the case of any employee who withdraws on or after July 1,
1971, such employee age 60 or over with 20 or more  years  of
service, shall receive an annuity for life equal to 1.67% for
each  of the first 10 years of service; 1.90% for each of the
next 10 years of service; 2.10% for each year of  service  in
excess of 20 but not exceeding 30; and 2.30% for each year of
service  in excess of 30, based on the highest average annual
salary for any 4 consecutive years within the last  10  years
of service immediately preceding the date of withdrawal.
    An  employee  who withdraws after July 1, 1957 and before
January 1, 1988, with 20 or more years of service, before age
60 years is entitled to annuity, to begin  not  earlier  than
upon  attained  age  of  55  years,  if  under  such  age  at
withdrawal,  as  computed  in  the  last preceding paragraph,
reduced 0.25% for each full month or fractional part  thereof
that  his  attained age when annuity is to begin is less than
60 if the employee was born before January 1, 1936,  or  0.5%
for  each  such  month  if  the employee was born on or after
January 1, 1936.
    Any employee born before January 1, 1936,  who  withdraws
with 20 or more years of service, and any employee with 20 or
more  years  of  service who withdraws on or after January 1,
1988, may elect to receive, in lieu  of  any  other  employee
annuity  provided  in this Section, an annuity for life equal
to 1.80% for each of the first 10 years of service, 2.00% for
each of the next 10 years of service, 2.20% for each year  of
service  in  excess of 20 but not exceeding 30, and 2.40% for
each year of service in excess of 30, of the highest  average
annual  salary for any 4 consecutive years within the last 10
years  of  service  immediately   preceding   the   date   of
withdrawal, to begin not earlier than upon attained age of 55
years,  if  under  such  age at withdrawal, reduced 0.25% for
each full month or fractional part thereof that his  attained
age  when annuity is to begin is less than 60; except that an
employee retiring on or after January 1, 1988, at age  55  or
over  but  less  than  age  60,  having  at least 35 years of
service, or an employee retiring on or after July 1, 1990, at
age 55 or over but less than age 60, having at least 30 years
of service, or an employee retiring on or after the effective
date of this amendatory Act of 1997, at age 55  or  over  but
less  than age 60, having at least 25 years of service, shall
not be subject to the reduction in retirement annuity because
of retirement below age 60.
    However, in the case of an employee  who  retired  on  or
after  January  1, 1985 but before January 1, 1988, at age 55
or older and with at least 35 years of service, and  who  was
subject  under  this  subsection  (b)  to  the  reduction  in
retirement  annuity  because of retirement below age 60, that
reduction shall cease to be effective January  1,  1991,  and
the retirement annuity shall be recalculated accordingly.
    Any employee who withdraws on or after July 1, 1990, with
20 or more years of service, may elect to receive, in lieu of
any  other  employee  annuity  provided  in  this Section, an
annuity for life equal to 2.20% for each year of  service  if
withdrawal is before 60 days after the effective date of this
amendatory  Act  of  the  92nd General Assembly, or 2.40% for
each year of service if  withdrawal  is  60  days  after  the
effective  date  of  this  amendatory Act of the 92nd General
Assembly or later, of the highest average annual  salary  for
any  4  consecutive years within the last 10 years of service
immediately preceding the date of withdrawal,  to  begin  not
earlier than upon attained age of 55 years, if under such age
at   withdrawal,   reduced  0.25%  for  each  full  month  or
fractional part thereof that his attained age when annuity is
to begin is less than 60; except that an employee retiring at
age 55 or over but less than age 60, having at least 30 years
of  service,  shall  not  be  subject  to  the  reduction  in
retirement annuity because of retirement below age 60.
    Any employee who withdraws on or after the effective date
of this amendatory Act of 1997  with  20  or  more  years  of
service  may  elect to receive, in lieu of any other employee
annuity provided in this Section, an annuity for  life  equal
to  2.20%,  for each year of service, if withdrawal is before
60 days after the effective date of this  amendatory  Act  of
the  92nd General Assembly, or 2.40% for each year of service
if withdrawal is 60 days after the  effective  date  of  this
amendatory  Act of the 92nd General Assembly or later, of the
highest average annual salary for  any  4  consecutive  years
within the last 10 years of service immediately preceding the
date of withdrawal, to begin not earlier than upon attainment
of  age  55  (age 50 if the employee has at least 30 years of
service), reduced 0.25% for  each  full  month  or  remaining
fractional part thereof that the employee's attained age when
annuity  is to begin is less than 60; except that an employee
retiring at age 50 or over with at least 30 years of  service
or  at age 55 or over with at least 25 years of service shall
not be subject to the reduction in retirement annuity because
of retirement below age 60.
    The maximum annuity payable under part  (a)  and  (b)  of
this  Section  shall not exceed 70% of highest average annual
salary in the case of an employee who withdraws prior to July
1, 1971, and 75% if withdrawal takes place on or  after  July
1, 1971 and prior to 60 days after the effective date of this
amendatory  Act  of  the  92nd  General  Assembly,  or 80% if
withdrawal is 60  days  after  the  effective  date  of  this
amendatory Act of the 92nd General Assembly or later. For the
purpose  of  the  minimum  annuity  provided  in this Section
$1,500 is considered the minimum annual salary for any  year;
and  the  maximum  annual  salary for the computation of such
annuity is $4,800 for any year before  1953,  $6000  for  the
years  1953 to 1956, inclusive, and the actual annual salary,
as  salary  is  defined  in  this  Article,  for   any   year
thereafter.
    To  preserve  rights  existing  on December 31, 1959, for
participants and  contributors  on  that  date  to  the  fund
created  by  the  Court and Law Department Employees' Annuity
Act, who became participants in  the  fund  provided  for  on
January  1,  1960, the maximum annual salary to be considered
for such persons for the years 1955 and 1956 is $7,500.
    (c)  For an employee receiving  disability  benefit,  his
salary  for  annuity purposes under paragraphs (a) and (b) of
this  Section,  for  all  periods   of   disability   benefit
subsequent  to  the  year  1956,  is  the amount on which his
disability benefit was based.
    (d)  An employee with 20 or more years of service,  whose
entire   disability  benefit  credit  period  expires  before
attainment of age 55 while still  disabled  for  service,  is
entitled  upon  withdrawal  to  the larger of (1) the minimum
annuity provided above, assuming  he  is  then  age  55,  and
reducing  such  annuity to its actuarial equivalent as of his
attained age on such date or (2) the  annuity  provided  from
his age and service and prior service annuity credits.
    (e)  The  minimum  annuity provisions do not apply to any
former municipal employee receiving an annuity from the  fund
who  re-enters  service  as  a  municipal employee, unless he
renders at least 3 years of additional service after the date
of re-entry.
    (f)  An employee in service  on  July  1,  1947,  or  who
became a contributor after July 1, 1947 and before attainment
of  age  70,  who  withdraws  after age 65, with less than 20
years of service for whom the annuity has  been  fixed  under
this  Article shall, instead of the annuity so fixed, receive
an annuity as follows:
    Such amount as he could have received had the accumulated
amounts for  annuity  been  improved  with  interest  at  the
effective   rate  to  the  date  of  his  withdrawal,  or  to
attainment of age 70, whichever is earlier, and had the  city
contributed  to such earlier date for age and service annuity
the amount that it would have contributed had he  been  under
age  65,  after  the date his annuity was fixed in accordance
with this Article, and assuming  his  annuity  were  computed
from  such  accumulations as of his age on such earlier date.
The annuity so computed shall not exceed  the  annuity  which
would  be  payable under the other provisions of this Section
if the employee was credited with 20  years  of  service  and
would qualify for annuity thereunder.
    (g)  Instead  of the annuity provided in this Article, an
employee having attained age 65 with at  least  15  years  of
service  who  withdraws from service on or after July 1, 1971
and whose annuity computed under  other  provisions  of  this
Article   is   less  than  the  amount  provided  under  this
paragraph, is entitled to a minimum annuity for life equal to
1% of the highest average annual salary, as salary is defined
and limited in this  Section  for  any  4  consecutive  years
within the last 10 years of service for each year of service,
plus  the  sum  of  $25 for each year of service. The annuity
shall not exceed 60% of such highest average annual salary.
    (g-1)  Instead of any other retirement  annuity  provided
in  this  Article,  an  employee who has at least 10 years of
service and withdraws from service on  or  after  January  1,
1999  may  elect  to  receive  a retirement annuity for life,
beginning no earlier than upon attainment of age 60, equal to
2.2% if withdrawal is before 60 days after the effective date
of this amendatory Act of the 92nd General Assembly  or  2.4%
if  withdrawal  is  60  days after the effective date of this
amendatory Act of the 92nd  General  Assembly  or  later,  of
final  average  salary for each year of service, subject to a
maximum of 75% of  final  average  salary  if  withdrawal  is
before  60  days  after the effective date of this amendatory
Act of the 92nd General Assembly, or 80% if withdrawal is  60
days  after  the effective date of this amendatory Act of the
92nd  General  Assembly  or  later.  For   the   purpose   of
calculating  this  annuity,  "final average salary" means the
highest average annual salary for any 4 consecutive years  in
the last 10 years of service.
    (h)  The  minimum  annuities  provided under this Section
shall be paid in equal monthly installments.
    (i)  The amendatory provisions of part  (b)  and  (g)  of
this Section shall be effective July 1, 1971 and apply in the
case  of  every  qualifying  employee withdrawing on or after
July 1, 1971.
    (j)  The amendatory provisions of this amendatory Act  of
1985 (P.A. 84-23) relating to the discount of annuity because
of  retirement  prior  to  attainment  of  age 60, and to the
retirement formula, for those born before  January  1,  1936,
shall  apply  only  to qualifying employees withdrawing on or
after July 18, 1985.
    (k)  Beginning on January 1, 1999, the minimum amount  of
employee's  annuity  shall be $850 per month for life for the
following classes of employees, without regard  to  the  fact
that  withdrawal occurred prior to the effective date of this
amendatory Act of 1998:
         (1)  any employee annuitant alive  and  receiving  a
    life annuity on the effective date of this amendatory Act
    of 1998, except a reciprocal annuity;
         (2)  any  employee  annuitant  alive and receiving a
    term annuity on the effective date of this amendatory Act
    of 1998, except a reciprocal annuity;
         (3)  any employee annuitant alive  and  receiving  a
    reciprocal   annuity   on  the  effective  date  of  this
    amendatory Act of 1998, whose service in this fund is  at
    least 5 years;
         (4)  any employee annuitant withdrawing after age 60
    on  or after the effective date of this amendatory Act of
    1998, with at least 10 years of service in this fund.
    The increases granted under items (1),  (2)  and  (3)  of
this subsection (k) shall not be limited by any other Section
of this Act.
(Source:  P.A.  90-32,  eff.  6-27-97;  90-511, eff. 8-22-97;
90-766, eff. 8-14-98.)
    (40 ILCS 5/8-150.1) (from Ch. 108 1/2, par. 8-150.1)
    Sec. 8-150.1.  Minimum annuities for widows.   The  widow
(otherwise  eligible for widow's annuity under other Sections
of this Article 8) of an employee hereinafter described,  who
retires  from service or dies while in the service subsequent
to the effective date of this amendatory provision,  and  for
which  widow  the amount of widow's annuity and widow's prior
service annuity combined, fixed or provided  for  such  widow
under  other  provisions  of  this  Article  is less than the
amount provided in this Section, shall, from  and  after  the
date  her  otherwise provided annuity would begin, in lieu of
such otherwise provided widow's  and  widow's  prior  service
annuity,  be  entitled  to  the following indicated amount of
annuity:
    (a)  The widow of any employee who dies while in  service
on  or after the date on which he attains age 60 if the death
occurs before July 1, 1990, or on or after the date on  which
he  attains  age  55  if the death occurs on or after July 1,
1990, with at least 20 years of service, or on or  after  the
date  on  which  he  attains age 50 if the death occurs on or
after the effective date of this amendatory Act of 1997  with
at least 30 years of service, shall be entitled to an annuity
equal to one-half of the amount of annuity which her deceased
husband  would have been entitled to receive had he withdrawn
from the service on the day immediately preceding the date of
his death, conditional upon such widow  having  attained  the
age  of  60  or  more  years on such date if the death occurs
before July 1, 1990, or age 55 or more if the death occurs on
or after July 1, 1990, or age 50 or more if the death  occurs
on  or  after  January  1, 1998 and the employee is age 50 or
over with at least 30 years of service or age 55 or over with
at least  25  years  of  service.    Except  as  provided  in
subsection  (k),  this  widow's  annuity  shall not, however,
exceed the sum of $500 a month if  the  employee's  death  in
service  occurs before January 23, 1987.  The widow's annuity
shall not be limited  to  a  maximum  dollar  amount  if  the
employee's  death  in  service occurs on or after January 23,
1987.
    If the employee dies in service before July 1, 1990,  and
if  such  widow of such described employee shall not be 60 or
more years of age on such date of death, the amount  provided
in the immediately preceding paragraph for a widow 60 or more
years  of  age,  shall, in the case of such younger widow, be
reduced by 0.25% for each month that her then attained age is
less than 60 years if the employee was born before January 1,
1936 or dies in service on or after January 1,  1988,  or  by
0.5%  for  each month that her then attained age is less than
60 years if the employee was born on or after  July  1,  1936
and dies in service before January 1, 1988.
    If the employee dies in service on or after July 1, 1990,
and  if  the widow of the employee has not attained age 55 on
or before the employee's date of death, the amount  otherwise
provided in this subsection (a) shall be reduced by 0.25% for
each  month that her then attained age is less than 55 years;
except that if the employee  dies  in  service  on  or  after
January  1,  1998 at age 50 or over with at least 30 years of
service or at age 55 or  over  with  at  least  25  years  of
service,  there  shall be no reduction due to the widow's age
if she has attained age 50 on or before the  employee's  date
of  death,  and  if  the  widow has not attained age 50 on or
before the employee's date  of  death  the  amount  otherwise
provided in this subsection (a) shall be reduced by 0.25% for
each month that her then attained age is less than 50 years.
    (b)  The widow of any employee who dies subsequent to the
date  of  his retirement on annuity, and who so retired on or
after the date on which he attained the age  of  60  or  more
years  if  retirement  occurs  before  July 1, 1990, or on or
after the date on which he  attained  age  55  if  retirement
occurs  on  or  after July 1, 1990, with at least 20 years of
service, or on or after the date on which he attained age  50
if  the  retirement  occurs on or after the effective date of
this amendatory Act  of  1997  with  at  least  30  years  of
service, shall be entitled to an annuity equal to one-half of
the  amount of annuity which her deceased husband received as
of the date of his retirement on  annuity,  conditional  upon
such widow having attained the age of 60 or more years on the
date  of  her  husband's  retirement on annuity if retirement
occurs before July 1, 1990, or age 55 or more  if  retirement
occurs  on  or  after  July 1, 1990, or age 50 or more if the
retirement on annuity occurs on or after January 1, 1998  and
the  employee  is  age  50  or over with at least 30 years of
service or age 55 or over with at least 25 years of service.
Except as provided in subsection (k),  this  widow's  annuity
shall  not,  however,  exceed  the sum of $500 a month if the
employee's death occurs before January 23, 1987.  The widow's
annuity shall not be limited to a maximum  dollar  amount  if
the  employee's  death  occurs  on or after January 23, 1987,
regardless of the  date  of  retirement;  provided  that,  if
retirement  was  before  January  23,  1987,  the employee or
eligible spouse repays the excess spouse refund with interest
at the effective rate from the date of refund to the date  of
repayment.
    If  the  date  of the employee's retirement on annuity is
before July 1, 1990, and if  such  widow  of  such  described
employee shall not have attained such age of 60 or more years
on  such  date  of  her  husband's retirement on annuity, the
amount provided in the immediately preceding paragraph for  a
widow  60  or  more years of age on the date of her husband's
retirement on annuity,  shall,  in  the  case  of  such  then
younger  widow,  be  reduced by 0.25% for each month that her
then attained age was less than 60 years if the employee  was
born  before January 1, 1936 or withdraws from  service on or
after January 1, 1988, or by 0.5% for  each  month  that  her
then  attained  age is less than 60 years if the employee was
born on or after January 1, 1936 and withdraws  from  service
before January 1, 1988.
    If the date of the employee's retirement on annuity is on
or  after  July 1, 1990, and if the widow of the employee has
not attained age 55 by the date of the employee's  retirement
on  annuity, the amount otherwise provided in this subsection
(b) shall be reduced by 0.25% for each month  that  her  then
attained  age  is  less  than  55  years;  except that if the
employee retires on annuity on or after January  1,  1998  at
age 50 or over with at least 30 years of service or at age 55
or  over with at least 25 years of service, there shall be no
reduction due to the widow's age if she has attained  age  50
on  or  before the employee's date of death, and if the widow
has not attained age 50 on or before the employee's  date  of
death  the  amount  otherwise provided in this subsection (b)
shall be reduced by  0.25%  for  each  month  that  her  then
attained age is less than 50 years.
    (c)  The   foregoing   provisions   relating  to  minimum
annuities for widows shall not apply  to  the  widow  of  any
former  municipal employee receiving an annuity from the fund
on August 9, 1965 or on the effective date of this amendatory
provision, who re-enters service  as  a  municipal  employee,
unless  such  employee renders at least 3 years of additional
service after the date of re-entry.
    (d)  In computing the amount of annuity which the husband
specified in the foregoing paragraphs (a)  and  (b)  of  this
Section  would  have  been  entitled to receive, or received,
such amount shall be the annuity to which such husband  would
have been, or was entitled, before reduction in the amount of
his  annuity  for  the  purposes  of  the  voluntary optional
reversionary annuity provided for in Section  Sec.  8-139  of
this Article, if such option was elected.
    (e)  (Blank).
    (f)  (Blank).
    (g)  The  amendatory provisions of this amendatory Act of
1985 relating to annuity discount because of age  for  widows
of employees born before January 1, 1936, shall apply only to
qualifying  widows  of  employees  withdrawing  or  dying  in
service on or after July 18, 1985.
    (h)  Beginning  on January 1, 1999, the minimum amount of
widow's annuity shall be $800 per  month  for  life  for  the
following  classes of widows, without regard to the fact that
the death of the employee occurred  prior  to  the  effective
date of this amendatory Act of 1998:
         (1)  any  widow annuitant alive and receiving a life
    annuity on the effective date of this amendatory  Act  of
    1998, except a reciprocal annuity;
         (2)  any  widow annuitant alive and receiving a term
    annuity on the effective date of this amendatory  Act  of
    1998, except a reciprocal annuity;
         (3)  any  widow  annuitant  alive  and  receiving  a
    reciprocal   annuity   on  the  effective  date  of  this
    amendatory Act of 1998, whose employee  spouse's  service
    in this fund was at least 5 years;
         (4)  the widow of an employee with at least 10 years
    of service in this fund who dies after retirement, if the
    retirement  occurred  prior to the effective date of this
    amendatory Act of 1998;
         (5)  the widow of an employee with at least 10 years
    of service in this fund who  dies  after  retirement,  if
    withdrawal  occurs on or after the effective date of this
    amendatory Act of 1998;
         (6)  the widow of an employee who  dies  in  service
    with  at  least  5  years of service in this fund, if the
    death in service occurs on or after the effective date of
    this amendatory Act of 1998.
    The increases granted under items (1), (2), (3)  and  (4)
of  this  subsection  (h)  shall  not be limited by any other
Section of this Act.
    (i)  The widow of an employee  who  retired  or  died  in
service  on or after January 1, 1985 and before July 1, 1990,
at age 55 or older, and with at least  35  years  of  service
credit,  shall  be  entitled  to  have  her  widow's  annuity
increased,  effective  January 1, 1991, to an amount equal to
50% of the retirement  annuity  that  the  deceased  employee
received  on  the  date  of  retirement,  or  would have been
eligible to receive if he had retired on  the  day  preceding
the  date of his death in service, provided that if the widow
had not attained  age  60  by  the  date  of  the  employee's
retirement  or  death  in  service, the amount of the annuity
shall be reduced by  0.25%  for  each  month  that  her  then
attained   age  was  less  than  age  60  if  the  employee's
retirement or death in service occurred on or  after  January
1,  1988, or by 0.5%  for each month that her attained age is
less than age 60 if the employee's  retirement  or  death  in
service occurred prior to January 1, 1988.  However, in cases
where  a  refund  of excess contributions for widow's annuity
has been paid by the Fund, the increase in  benefit  provided
by  this subsection (i) shall be contingent upon repayment of
the refund to the Fund with interest at  the  effective  rate
from the date of refund to the date of payment.
    (j)  If  a  deceased  employee  is receiving a retirement
annuity at the time of death and  that  death  occurs  on  or
after  June 27, 1997, the widow may elect to receive, in lieu
of any other annuity provided under this Article, 50% of  the
deceased  employee's  retirement annuity at the time of death
reduced by 0.25% for each month that the widow's age  on  the
date  of  death  is less than 55; except that if the employee
dies on or after January 1, 1998 and withdrew from service on
or after June 27, 1997 at age 50 or over  with  at  least  30
years  of service or at age 55 or over with at least 25 years
of service, there shall be no reduction due  to  the  widow's
age  if  she  has attained age 50 on or before the employee's
date of death, and if the widow has not attained age 50 on or
before the employee's date  of  death  the  amount  otherwise
provided in this subsection (j) shall be reduced by 0.25% for
each  month that her age on the date of death is less than 50
years.  However,  in  cases  where   a   refund   of   excess
contributions  for widow's annuity has been paid by the Fund,
the benefit provided by this  subsection  (j)  is  contingent
upon repayment of the refund to the Fund with interest at the
effective  rate  from  the  date  of  refund  to  the date of
payment.
    (k)  For widows of employees who died before January  23,
1987  after  retirement on annuity or in service, the maximum
dollar amount limitation on widow's annuity  shall  cease  to
apply,  beginning  with  the  first annuity payment after the
effective date of this amendatory Act of 1997; except that if
a refund of excess contributions for widow's annuity has been
paid by the Fund, the increase resulting from this subsection
(k) shall not begin before the refund has been repaid to  the
Fund,  together  with interest at the effective rate from the
date of the refund to the date of repayment.
    (l)  In lieu  of  any  other  annuity  provided  in  this
Article,  an  eligible  spouse  of  an  employee  who dies in
service at least 60 days after the  effective  date  of  this
amendatory  Act of the 92nd General Assembly with at least 10
years of service shall be entitled to an annuity  of  50%  of
the  minimum formula annuity earned and accrued to the credit
of the employee at the date of death.  For  the  purposes  of
this  subsection,  the  minimum  formula  annuity  earned and
accrued to the credit of the employee is equal to  2.40%  for
each year of service of the highest average annual salary for
any  4  consecutive years within the last 10 years of service
immediately preceding the date of death, up to a  maximum  of
80% of the highest average annual salary.  This annuity shall
not  be reduced due to the age of the employee or spouse.  In
addition to any other  eligibility  requirements  under  this
Article,  the spouse is eligible for this annuity only if the
marriage was in effect for 10 full years or more.
(Source: P.A. 90-32,  eff.  6-27-97;  90-511,  eff.  8-22-97;
90-766, eff. 8-14-98.)

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

    (40 ILCS 5/8-161) (from Ch. 108 1/2, par. 8-161)
    Sec. 8-161. Ordinary  disability  benefit.   An  employee
while  under  age  65  and prior to January 1, 1979, or while
under age 70 and after January 1, 1979, who becomes  disabled
after  the  effective  date  as the result of any cause other
than injury incurred in the performance  of  duty,  shall  be
entitled   to   ordinary   disability   benefit  during  such
disability, after the first 30 days thereof.
    The first payment shall be made not later than one  month
after  the  benefit  is  granted  and each subsequent payment
shall be made  not  later  than  one  month  after  the  last
preceding payment.
    The disability benefit prescribed herein shall cease when
the  first  of  the  following  dates  shall  occur  and  the
employee,  if still disabled, shall thereafter be entitled to
such annuity as is otherwise provided in this Article:
    (a)  the date disability ceases.
    (b)  the date the disabled employee attains  age  65  for
disability commencing prior to January 1, 1979.
    (c)  the  date  the  disabled employee attains age 65 for
disability commencing prior to attainment of age  60  in  the
service and after January 1, 1979.
    (d)  the date the disabled employee attains the age of 70
for  disability  commencing after attainment of age 60 in the
service and after January 1, 1979.
    (e)  the date the payments of the benefit shall exceed in
the aggregate, throughout the employee's  service,  a  period
equal  to 1/4 of the total service rendered prior to the date
of disability but  in  no  event  more  than  5  years.    In
computing  such  total  service  any  period during which the
employee  received  ordinary  disability  benefit  shall   be
excluded.
    Any   employee  whose  ordinary  disability  benefit  was
terminated after January 1, 1979 by reason of his  attainment
of  age  65 and who continues disabled after age 65 may elect
before July 1, 1986 to have such benefits  resumed  beginning
at   the  time  of  such  termination  and  continuing  until
termination is required under this Section as amended by this
amendatory Act of 1985.  The amount payable to  any  employee
for  such  resumed benefit for any period shall be reduced by
the amount of any retirement annuity paid  to  such  employee
under  this  Article  for  the  same period of time or by any
refund paid in lieu of annuity.
    Ordinary  disability  benefit  shall  be   50%   of   the
employee's salary at the date of disability.
    For  ordinary  disability benefits paid before January 1,
2001, before any payment, an amount equal  to  less  the  sum
ordinarily  deducted from salary for all annuity purposes for
such period for which the ordinary disability benefit is made
shall be deducted from  such  payment  and  credited  to  the
employee  as  a  deduction  from salary for that period.  The
sums so deducted shall be credited to the employee and  shall
be  regarded,  for  annuity and refund purposes, as an amount
contributed by him.
    For ordinary disability benefits paid on or after January
1, 2001, the fund shall credit  sums  equal  to  the  amounts
ordinarily  contributed  by  an employee for annuity purposes
for any period during which the  employee  receives  ordinary
disability,  and  those  sums  shall  be  deemed  for annuity
purposes and purposes of Section 8-173 as amounts contributed
by the employee.  These amounts credited for annuity purposes
shall not be credited for refund purposes.
    If a participating employee is eligible for a  disability
benefit  under the federal Social Security Act, the amount of
ordinary disability benefit under this  Section  attributable
to  employment  with  the  Chicago  Housing  Authority or the
Public Building Commission of the city shall be reduced,  but
not  to  less  than  $10  per  month,  by the amount that the
employee would be eligible to receive as a disability benefit
under the federal Social Security Act, whether  or  not  that
federal  benefit  is  based  on service as a covered employee
under this Article.  The reduction shall be effective  as  of
the  month  the  employee is eligible for the social security
disability  benefit.   The  Board  may  make  this  reduction
pending determination of eligibility for the social  security
disability  benefit,  if  it  appears  to  the Board that the
employee may be eligible, and make an appropriate  adjustment
if  necessary  after  eligibility  for  the  social  security
disability  benefit  is determined.  If the employee's social
security disability benefit is reduced or terminated  because
of  a  refusal  to  accept  rehabilitation services under the
federal Rehabilitation Act of  1973  or  the  federal  Social
Security  Act or because the employee is receiving a workers'
compensation benefit, the ordinary disability  benefit  under
this  Section  shall  be  reduced  as  if  the  employee were
receiving the full social security disability benefit.
    The amount of ordinary disability benefit  shall  not  be
reduced  by  reason  of  any increase in the amount of social
security disability benefit that takes effect after the month
of the initial reduction under this Section,  other  than  an
increase  resulting  from a correction in the employee's wage
records.
(Source: P.A. 84-23.)

    (40 ILCS 5/8-164.1) (from Ch. 108 1/2, par. 8-164.1)
    Sec. 8-164.1.  Group health benefit.
    (a)  For the purposes of this  Section:  (1)  "annuitant"
means  a person receiving an age and service annuity, a prior
service annuity, a widow's annuity, a widow's  prior  service
annuity,  or  a minimum annuity, under Article 5, 6, 8 or 11,
by reason of previous  employment  by  the  City  of  Chicago
(hereinafter,  in  this  Section,  "the city"); (2) "Medicare
Plan annuitant" means an annuitant described in item (1)  who
is eligible for Medicare benefits; and (3) "non-Medicare Plan
annuitant"  means  an  annuitant described in item (1) who is
not eligible for Medicare benefits.
    (b)  The  city  shall  offer  group  health  benefits  to
annuitants and their eligible  dependents  through  June  30,
2003  2002.   The basic city health care plan available as of
June 30, 1988 (hereinafter called the basic city plan)  shall
cease  to  be a plan offered by the city, except as specified
in subparagraphs (4) and (5) below, and shall  be  closed  to
new  enrollment  or transfer of coverage for any non-Medicare
Plan annuitant as of June 27,  the  effective  date  of  this
amendatory  Act  of  1997.  The city shall offer non-Medicare
Plan annuitants and their eligible dependents the  option  of
enrolling  in  its  Annuitant Preferred Provider Plan and may
offer additional plans  for  any  annuitant.   The  city  may
amend,  modify,  or  terminate any of its additional plans at
its sole discretion.   If  the  city  offers  more  than  one
annuitant  plan,  the  city shall allow annuitants to convert
coverage from one city annuitant plan to another, except  the
basic  city  plan, during times designated by the city, which
periods of time shall  occur  at  least  annually.   For  the
period  dating  from  June  27,  the  effective  date of this
amendatory Act of 1997 through June 30,  2003  2002,  monthly
premium rates may be increased for annuitants during the time
of  their  participation  in  non-Medicare  plans,  except as
provided in subparagraphs (1) through (4) of this subsection.
         (1)  For non-Medicare Plan  annuitants  who  retired
    prior  to  January  1,  1988,  the  annuitant's  share of
    monthly premium for non-Medicare Plan coverage only shall
    not exceed the highest premium rate chargeable under  any
    city  non-Medicare Plan annuitant coverage as of December
    1, 1996.
         (2)  For non-Medicare Plan annuitants who retire  on
    or  after  January  1,  1988,  the  annuitant's  share of
    monthly premium for non-Medicare Plan coverage only shall
    be the rate in effect on December 1, 1996,  with  monthly
    premium  increases to take effect no sooner than April 1,
    1998 at the lower of  (i)  the  premium  rate  determined
    pursuant to subsection (g) or (ii) 10% of the immediately
    previous month's rate for similar coverage.
         (3)  In   no   event  shall  any  non-Medicare  Plan
    annuitant's share of  monthly  premium  for  non-Medicare
    Plan  coverage  exceed  10%  of  the  annuitant's monthly
    annuity.
         (4)  Non-Medicare Plan annuitants who  are  enrolled
    in  the  basic city plan as of July 1, 1998 may remain in
    the basic city plan, if they so choose, on the  condition
    that they are not entitled to the caps on rates set forth
    in  subparagraphs (1) through (3), and their premium rate
    shall  be  the  rate  determined   in   accordance   with
    subsections (c) and (g).
         (5)  Medicare  Plan  annuitants  who  are  currently
    enrolled  in  the  basic  city plan for Medicare eligible
    annuitants may remain in that plan, if  they  so  choose,
    through  June  30,  2003  2002.   Annuitants shall not be
    allowed to enroll in or transfer into the basic city plan
    for Medicare eligible annuitants  on  or  after  July  1,
    1999.   The  city  shall  continue  to offer annuitants a
    supplemental  Medicare   Plan   for   Medicare   eligible
    annuitants  through  June 30, 2003 2002, and the city may
    offer additional plans to Medicare eligible annuitants in
    its sole discretion.  All Medicare Plan annuitant monthly
    rates shall be determined in accordance with  subsections
    (c) and (g).
    (c)  The  city  shall  pay 50% of the aggregated costs of
the  claims  or  premiums,  whichever   is   applicable,   as
determined  in  accordance with subsection (g), of annuitants
and their dependents under all health care plans  offered  by
the  city.  The city may reduce its obligation by application
of  price  reductions  obtained  as  a  result  of  financial
arrangements with providers or plan administrators.
    (d)   From January 1, 1993 until June 30, 2003 2002,  the
board  shall pay to the city on behalf of each of the board's
annuitants who chooses to participate in any  of  the  city's
plans the following amounts: up to a maximum of $75 per month
for  each  such  annuitant  who  is  not qualified to receive
medicare benefits, and up to a maximum of $45 per  month  for
each  such  annuitant  who  is  qualified to receive medicare
benefits.
    Commencing on August  23,  the  effective  date  of  this
amendatory Act of 1989, the board is authorized to pay to the
board  of  education  on behalf of each person who chooses to
participate in the board  of  education's  plan  the  amounts
specified  in this subsection (d) during the years indicated.
For the  period  January  1,  1988  through  August  23,  the
effective  date  of  this  amendatory  Act of 1989, the board
shall  pay  to  the  board  of   education   annuitants   who
participate  in the board of education's health benefits plan
for annuitants the following amounts: $10 per month  to  each
annuitant  who is not qualified to receive medicare benefits,
and $14 per month to  each  annuitant  who  is  qualified  to
receive medicare benefits.
    The  payments  described in this subsection shall be paid
from the  tax  levy  authorized  under  Section  8-189;  such
amounts  shall  be credited to the reserve for group hospital
care and group medical and surgical plan  benefits,  and  all
payments  to the city required under this subsection shall be
charged against it.
    (e)  The city's obligations under subsections (b) and (c)
shall terminate on June 30, 2003 2002, except with regard  to
covered expenses incurred but not paid as of that date.  This
subsection  shall  not  affect  other obligations that may be
imposed by law.
    (f)  The group coverage plans described in  this  Section
are  not  and  shall  not  be  construed  to  be  pension  or
retirement benefits for purposes of Section 5 of Article XIII
of the Illinois Constitution of 1970.
    (g)  For  each  annuitant  plan  offered by the city, the
aggregate cost of claims, as reflected in the  claim  records
of  the  plan  administrator, shall be estimated by the city,
based upon a written determination by a qualified independent
actuary to be appointed and paid by the city and  the  board.
If  the estimated annual cost for each annuitant plan offered
by  the  city  is  more  than  the  estimated  amount  to  be
contributed by the city for that plan pursuant to subsections
(b) and (c) during that year plus the estimated amounts to be
paid pursuant to subsection (d)  and  by  the  other  pension
boards  on  behalf  of  other  participating  annuitants, the
difference shall be paid by all annuitants  participating  in
the  plan,  except  as provided in subsection (b).  The city,
based upon the  determination  of  the  independent  actuary,
shall set the monthly amounts to be paid by the participating
annuitants.    The board may deduct the amounts to be paid by
its annuitants from  the  participating  annuitants'  monthly
annuities.
    If it is determined from the city's annual audit, or from
audited  experience  data,  that the total amount paid by all
participating annuitants was more or less than the difference
between (1) the cost  of  providing  the  group  health  care
plans,  and  (2) the sum of the amount to be paid by the city
as determined under subsection (c) and the  amounts  paid  by
all  the pension boards, then the independent actuary and the
city shall account for the excess or shortfall  in  the  next
year's   payments   by  annuitants,  except  as  provided  in
subsection (b).
    (h)  An annuitant may elect to terminate  coverage  in  a
plan  at the end of any month, which election shall terminate
the annuitant's obligation to contribute  toward  payment  of
the excess described in subsection (g).
    (i)  The  city  shall  advise  the  board of all proposed
premium increases for health care at least 75 days  prior  to
the  effective  date of the change, and any increase shall be
prospective only.
(Source: P.A. 90-32, eff. 6-27-97.)

    (40 ILCS 5/8-168) (from Ch. 108 1/2, par. 8-168)
    Sec. 8-168. Refunds - Withdrawal before age  55  or  with
less than 10 years of service.
    1.  An employee, without regard to length of service, who
withdraws  before  age 55, and any employee with less than 10
years of service  who  withdraws  before  age  60,  shall  be
entitled  to  a refund of the accumulated sums to his credit,
as of the date of withdrawal, for age and service annuity and
widow's annuity from amounts contributed  by  him,  including
interest  credited  and including amounts contributed for him
for age and service and widow's annuity purposes by the  city
while  receiving duty disability benefits; provided that such
amounts contributed by the  city  after  December  31,  1981,
while the employee is receiving duty disability benefits, and
amounts  credited to the employee for annuity purposes by the
fund after December 31, 2000, while the employee is receiving
ordinary disability  benefits,  shall  not  be  credited  for
refund purposes. If he is a present employee he shall also be
entitled  to  a  refund  of  the  accumulations from any sums
contributed by him, and applied to any municipal pension fund
superseded by this fund.
    2.  Upon receipt of the refund, the  employee  surrenders
and forfeits all rights to any annuity or other benefits, for
himself  and  for  any other persons who might have benefited
through him; provided that he may have such period of service
counted in computing the term of his service if he becomes an
employee  before  age  65,  excepting  as  limited   by   the
provisions  of  paragraph  (a)  (3)  of Section 8-232 of this
Article relating to  the  basis  of  computing  the  term  of
service.
    3.  Any such employee shall retain such right to a refund
of  such  amounts  when  he  shall  apply  for  same until he
re-enters the service or until the amount  of  annuity  shall
have  been  fixed as provided in this Article. Thereafter, no
such right shall exist in the case of any such employee.
    4.  Any such municipal employee who shall have served  10
or  more  years  and  who  shall  not  withdraw  the  amounts
aforesaid to which he shall have a right of refund shall have
a right to annuity as stated in this Article.
    5.  Any  such  municipal  employee  who shall have served
less than 10 years and who shall not withdraw the amounts  to
which  he  shall have a right to refund shall have a right to
have all such amounts and all other amounts to his credit for
annuity purposes on  date  of  his  withdrawal  from  service
retained  to  his  credit  and  improved by interest while he
shall be out of the service at the rate of 3 1/2% or  3%  per
annum  (whichever  rate  shall  apply under the provisions of
Section 8-155 of this Article) and used for annuity  purposes
for  his  benefit  and the benefit of any person who may have
any right to annuity through  him  because  of  his  service,
according to the provisions of this Article in the event that
he  shall  subsequently re-enter the service and complete the
number of years of service necessary to  attain  a  right  to
annuity;  but  such  sum shall be improved by interest to his
credit while he shall be out of the  service  only  until  he
shall have become 65 years of age.
(Source: P.A. 82-283.)

    (40 ILCS 5/8-171) (from Ch. 108 1/2, par. 8-171)
    Sec.  8-171.  Refund  in  lieu of annuity.  In lieu of an
annuity, an employee who withdraws and  whose  annuity  would
amount  to  less  than  $800  a  month for life, may elect to
receive a refund of his accumulated contributions for annuity
purposes, based on the amounts contributed by him.
    The widow of any employee, eligible for annuity upon  the
death  of  her husband, whose widow's annuity would amount to
less than $800 a month for life,  may,  in  lieu  of  widow's
annuity,  elect  to  receive  a  refund  of  the  accumulated
contributions  for  annuity  purposes,  based  on the amounts
contributed by her deceased employee husband, but reduced  by
any amounts theretofore paid to him in the form of an annuity
or refund out of such accumulated contributions.
    Accumulated   contributions  shall  mean  the  amounts  -
including the interest credited thereon - contributed by  the
employee  for age and service and widow's annuity to the date
of his withdrawal or death, whichever first occurs, including
any amounts contributed for him as  salary  deductions  while
receiving  duty  disability  benefits,  and, if not otherwise
included, any accumulations from sums contributed by him  and
applied to any pension fund superseded by this fund; provided
that  such amounts contributed by the city after December 31,
1981 while the employee is receiving duty disability benefits
and amounts credited to the employee for annuity purposes  by
the  fund  after  December  31,  2000  while  the employee is
receiving ordinary disability shall not be included.
    The acceptance of such refund in lieu of widow's annuity,
on the part of a widow, shall not deprive a child or children
of the right to receive a child's annuity as provided for  in
Sections  8-158  and 8-159 of this Article, and neither shall
the payment of a child's annuity in the case of  such  refund
to  a  widow reduce the amount herein set forth as refundable
to such widow electing a refund in lieu of widow's annuity.
(Source: P.A. 91-887, eff. 7-6-00.)

    (40 ILCS 5/8-227) (from Ch. 108 1/2, par. 8-227)
    Sec. 8-227. Service as  police  officer,  firefighter  or
teacher.
    (a)  Service  rendered by an employee as a police officer
and member of the regularly constituted police department  of
the  city, or as a firefighter and regular member of the paid
fire department of the city, or as a teacher  in  the  public
school  system in the city shall be counted, for the purposes
of this Article, as service rendered as an  employee  of  the
city.  Salary received for any such service shall be treated,
for  the purposes of this Article, as salary received for the
performance of duty as an employee.
    (b)  Subsection  (a)  applies  The  foregoing  provisions
shall apply to service rendered after the effective date only
if the employee pays to the Fund,  prior  to  his  separation
from  service, an amount equal to what would have accumulated
in his or her account  from  salary  deductions  as  employee
contributions,  including  interest at the effective rate, if
such contributions had been made  for  age  and  service  and
spouse's  annuity  during all of such service; provided, that
no service shall be counted  or  payments  received  for  any
period  of  service for which the employee retains or has not
forfeited his or her rights to credit for the same period  of
service in another annuity and benefit fund, or pension fund,
in  operation  in  the  city  for  the benefit of such police
officers, firefighters, or teachers.  The amount  transferred
to  the Fund under item (1) of Section 5-233.1, if any, shall
be credited against the  contributions  required  under  this
subsection.
(Source: P.A. 81-1536.)

    (40 ILCS 5/8-230.7)
    Sec.   8-230.7.   Service  rendered  to  Public  Building
Commission.
    (a)  An  employee  or  former  employee  of  the   Public
Building  Commission  of  the city who has established credit
under the Fund with regard to service to  an  employer  other
than   the   Public  Building  Commission  of  the  city  may
contribute to the Fund and receive credit for all periods  of
full-time  employment  with by the Public Building Commission
created by the employing city  occurring  prior  to  60  days
after  the  effective date of this amendatory Act, except for
those periods for which  the  employee  retains  a  right  to
credit  in  another  public pension fund or retirement system
established under this Code.  Such service  credit  shall  be
paid  for  and  granted  on the same basis and under the same
conditions as are applicable in the  case  of  employees  who
make  payment  for past service under Section 8-230, provided
that the person must  also  pay  the  corresponding  employer
contributions,  and  further  provided that the contributions
and service credit are permitted under  Section  415  of  the
Internal  Revenue  Code  of 1986.  The contributions shall be
based on the salary actually received by the person from  the
Commission for that employment.
    (b)  A   person   establishing   service   credit   under
subsection  (a)  or electing to participate in the Fund under
subsection (d) may,  at  the  same  time,  reinstate  service
credit  that  was  terminated  through receipt of a refund by
repaying to the Fund the amount of the refund  plus  interest
at the effective rate from the date of the refund to the date
of repayment.
    (c)  An  eligible  person  may  establish  service credit
under subsection  (a)  and  reinstate  service  credit  under
subsection  (b)  without  returning  to  active service as an
employee under this Article, but the  required  contributions
and  repayment must be received by the Fund before the person
begins to receive a retirement annuity under this Article.
    (d)  Within 60 days after beginning full-time  employment
with the Public Building Commission of the city (or within 60
days  after  the effective date of this amendatory Act of the
92nd General Assembly, whichever is later), a  person  having
service  credits  in this Fund or reinstating service credits
under subsection (b) may elect to participate  in  this  Fund
with  respect  to that Public Building Commission employment.
An employee who participates in this  Fund  with  respect  to
Public Building Commission employment shall not, with respect
to  the  same  period of employment, participate in any other
pension plan  for  employees  of  the  Commission  for  which
contributions  are  made  by the Commission, except that this
provision shall not prevent an employee from making  elective
contributions  to a plan of deferred compensation during that
period.  An election under this subsection (d), once made, is
irrevocable.
    Participation under this subsection shall be on the  same
basis  and under the same conditions as are applicable in the
case  of  participating  employees  of  the  city.   Employee
contributions shall be based on the salary actually  received
by  the employee for that employment.  Employer contributions
shall be paid by the Public Building Commission  rather  than
the city, at a rate to be determined by the Retirement Board.
(Source: P.A. 90-766, eff. 8-14-98.)

    (40 ILCS 5/8-230.9 new)
    Sec.   8-230.9.   Service  rendered  to  Chicago  Housing
Authority.
    (a)  Within 60 days after beginning full-time  employment
with  the  Chicago Housing Authority (or within 60 days after
the effective date of this amendatory Act of the 92nd General
Assembly,  whichever  is  later),  a  person  having  service
credits in this Fund or  reinstating  service  credits  under
subsection  (c)  may  elect  to participate in this Fund with
respect to that Chicago  Housing  Authority  employment.   An
employee  who  participates  in  this  Fund  with  respect to
Chicago Housing Authority employment shall not, with  respect
to  the  same  period of employment, participate in any other
pension  plan  for  employees  of  the  Authority  for  which
contributions are made by the  Authority,  except  that  this
provision  shall not prevent an employee from making elective
contributions to a plan of deferred compensation during  that
period.  An election under this subsection (a), once made, is
irrevocable.
    Participation  under this subsection shall be on the same
basis and under the same conditions as are applicable in  the
case  of  participating  employees  of  the  city.   Employee
contributions  shall be based on the salary actually received
by the employee for that employment.  Employer  contributions
shall  be  paid  by the Chicago Housing Authority rather than
the city, at a rate to be determined by the Retirement Board.
    (b)  An  employee  or  former  employee  of  the  Chicago
Housing Authority who has established credit under  the  Fund
with  regard to service to an employer other than the Chicago
Housing Authority may contribute  to  the  Fund  and  receive
credit  for  all  periods  of  full-time  employment with the
Chicago Housing Authority occurring prior to  60  days  after
the  effective  date of this amendatory Act, except for those
periods for which the employee retains a right to  credit  in
another  public pension fund or retirement system established
under this Code.  Such service credit shall be paid  for  and
granted  on  the  same basis and under the same conditions as
are applicable in the case of employees who make payment  for
past  service  under  Section 8-230, provided that the person
must also pay the corresponding employer  contributions,  and
further  provided  that  the contributions and service credit
are permitted under Section 415 of the Internal Revenue  Code
of  1986.   The  contributions  shall  be based on the salary
actually received by the person from the Authority  for  that
employment.
    (c)  A   person   establishing   service   credit   under
subsection  (b)  or electing to participate in the Fund under
subsection (a) may,  at  the  same  time,  reinstate  service
credit  that  was  terminated  through receipt of a refund by
repaying to the Fund the amount of the refund  plus  interest
at the effective rate from the date of the refund to the date
of repayment.
    (d)  An  eligible  person  may  establish  service credit
under subsection  (b)  and  reinstate  service  credit  under
subsection  (c)  without  returning  to  active service as an
employee under this Article, but the  required  contributions
and  repayment must be received by the Fund before the person
begins to receive a retirement annuity under this Article.

    (40 ILCS 5/8-230.10 new)
    Sec. 8-230.10.  Service rendered to  IHDA.   An  employee
with  at least 10 years of creditable service in the Fund may
establish service credit for  up  to  7  years  of  full-time
employment  by the Illinois Housing Development Authority for
which the employee does not have  credit  in  another  public
pension fund or retirement system.
    To  establish  service  credit  under  this  Section, the
employee must apply to the Fund in writing by January 1, 2003
and pay to the Fund, at any time before beginning to  receive
a  retirement  annuity  under  this  Article, an amount to be
determined  by  the  Fund,   consisting   of   (i)   employee
contributions  based  on  the salary actually received by the
person from the Illinois Housing  Development  Authority  for
that employment and the contribution rates then in effect for
employees  of  the  Fund,  (ii)  the  corresponding  employer
contributions,  and  (iii) regular interest on the amounts in
items (i) and (ii) from the date of the service to  the  date
of payment.
    (40 ILCS 5/8-243.2) (from Ch. 108 1/2, par. 8-243.2)
    Sec. 8-243.2.  Alternative annuity for city officers.
    (a)  For  the  purposes  of  this  Section  and  Sections
8-243.1 and 8-243.3, "city officer" means the city clerk, the
city treasurer, or an alderman of the city elected by vote of
the  people, while serving in that capacity or as provided in
subsection (f), who has elected to participate in the Fund.
    (b)  Any elected city  officer,  while  serving  in  that
capacity  or  as  provided  in  subsection  (f), may elect to
establish alternative credits for an alternative  annuity  by
electing    in   writing   to    make   additional   optional
contributions  in  accordance  with  this  Section  and   the
procedures  established  by  the  board.   Such  elected city
officer  may  discontinue  making  the  additional   optional
contributions  by notifying the Fund in writing in accordance
with this Section and procedures established by the board.
    Additional optional  contributions  for  the  alternative
annuity shall be as follows:
         (1)  For  service  after  the  option is elected, an
    additional  contribution  of  3%  of  salary   shall   be
    contributed  to  the Fund on the same basis and under the
    same conditions as contributions required under  Sections
    8-174 and 8-182.
         (2)  For  service  before  the option is elected, an
    additional contribution of  3%  of  the  salary  for  the
    applicable  period  of  service,  plus  interest  at  the
    effective  rate  from  the date of service to the date of
    payment.  All payments for past service must be  paid  in
    full  before  credit  is  given.   No additional optional
    contributions may be made for any period of  service  for
    which  credit has been previously forfeited by acceptance
    of a refund, unless the refund is  repaid  in  full  with
    interest at the effective rate from the date of refund to
    the date of repayment.
    (c)  In  lieu of the retirement annuity otherwise payable
under this Article, any city officer elected by vote  of  the
people  who  (1)  has  elected to participate in the Fund and
make additional optional  contributions  in  accordance  with
this Section, and (2) has attained age 55 60 with at least 10
years  of  service  credit, or has attained age 60 65 with at
least 8 years of  service  credit,  may  elect  to  have  his
retirement   annuity   computed   as   follows:   3%  of  the
participant's salary at the time of  termination  of  service
for  each  of the first 8 years of service credit, plus 4% of
such salary for each of the next 4 years of  service  credit,
plus  5%  of  such  salary for each year of service credit in
excess of 12 years, subject to  a  maximum  of  80%  of  such
salary.   To  the  extent  such elected city officer has made
additional optional contributions  with  respect  to  only  a
portion  of  his  years  of  service  credit,  his retirement
annuity will first be  determined  in  accordance  with  this
Section  to the extent such additional optional contributions
were made, and then in accordance with the remaining Sections
of this Article to the extent of years of service credit with
respect to which additional optional contributions  were  not
made.
    (d)  In lieu of the disability benefits otherwise payable
under  this  Article, any city officer elected by vote of the
people who (1) has elected to participate in  the  Fund,  and
(2)  has  become permanently disabled and as a consequence is
unable to perform the duties  of  his  office,  and  (3)  was
making optional contributions in accordance with this Section
at the time the disability was incurred, may elect to receive
a  disability  annuity  calculated  in  accordance  with  the
formula   in  subsection  (c).   For  the  purposes  of  this
subsection, such elected city  officer  shall  be  considered
permanently disabled only if:  (i) disability occurs while in
service as an elected city officer and is of such a nature as
to  prevent  him from reasonably performing the duties of his
office at the time; and (ii) the board has received a written
certification by at least 2 licensed physicians appointed  by
it  stating  that  such  officer  is  disabled  and  that the
disability is likely to be permanent.
    (e)  Refunds of additional optional  contributions  shall
be  made  on  the same basis and under the same conditions as
provided under Sections  8-168,  8-170  and  8-171.  Interest
shall be credited at the effective rate on the same basis and
under   the  same  conditions  as  for  other  contributions.
Optional contributions shall be accounted for in  a  separate
Elected City Officer Optional Contribution Reserve.  Optional
contributions  under  this  Section  shall be included in the
amount of employee contributions used to compute the tax levy
under Section 8-173.
    (f)  The  effective  date  of  this  plan   of   optional
alternative benefits and contributions shall be July 1, 1990,
or  the  date  upon  which approval is received from the U.S.
Internal Revenue Service, whichever is later.
    The   plan   of   optional   alternative   benefits   and
contributions shall not  be  available  to  any  former  city
officer or employee receiving an annuity from the Fund on the
effective date of the plan, unless he re-enters service as an
elected  city  officer  and  renders  at  least  3  years  of
additional  service  after  the date of re-entry.  However, a
person who holds office as a city officer  on  June  1,  1995
April  30,  1991  may  elect  to  participate in the plan, to
transfer credits into the Fund from other  Articles  of  this
Code,  and  to  make  the  contributions  required  for prior
service, until 30 days  after  the  effective  date  of  this
amendatory  Act  of  the 92nd General Assembly the plan takes
effect, notwithstanding the ending  of  his  term  of  office
prior to that effective date; in the event that the person is
already  receiving  an  annuity  from  this Fund or any other
Article of this Code at the time of making this election, the
annuity  shall  be  recalculated  to  include  any   increase
resulting  from participation in the plan, with such increase
taking effect on the effective date of the election plan.
(Source: P.A. 86-1488; 87-794.)

    (40 ILCS 5/9-121.15)
    Sec. 9-121.15. Transfer of credit from Article 14 system.
A current or former An employee shall be entitled to  service
credit  in the Fund for any creditable service transferred to
this Fund from the State Employees' Retirement  System  under
Section  14-105.7 of this Code.  Credit under this Fund shall
be granted upon receipt by the Fund of the  amounts  required
to  be  transferred  under  Section  14-105.7;  no additional
contribution is necessary.
(Source: P.A. 90-511, eff. 8-22-97.)

    (40 ILCS 5/9-121.16 new)
    Sec. 9-121.16.  Contractual  service  to  the  Retirement
Board.   A  person  who  has  rendered continuous contractual
services (other than legal  or  actuarial  services)  to  the
Retirement  Board  for  a  period  of  at  least  5 years may
establish creditable service in the Fund for up to  10  years
of  those services by making written application to the Board
before July 1, 2003 and paying to the Fund an  amount  to  be
determined  by the Board, equal to the employee contributions
that would have been required  if  those  services  had  been
performed as an employee.
    For the purposes of calculating the required payment, the
Board may determine the applicable salary equivalent based on
the  compensation received by the person for performing those
contractual services.  The salary equivalent calculated under
this Section shall not be used for determining final  average
salary  under  Section  9-134 or any other provisions of this
Code.
    A  person  may  not  make  optional  contributions  under
Section 9-121.6 or 9-179.3 for periods of credit  established
under this Section.

    (40 ILCS 5/9-134) (from Ch. 108 1/2, par. 9-134)
    Sec. 9-134.  Minimum annuity - Additional provisions.
    (a)  An  employee who withdraws after July 1, 1957 at age
60 or more with 20 or more years of  service,  for  whom  the
amount  of age and service and prior service annuity combined
is less than the amount stated in this Section from the  date
of withdrawal, instead of all annuities otherwise provided in
this  Article,  is entitled to receive an annuity for life of
an amount equal to 1 2/3% for each year of  service,  of  his
highest  average  annual  salary  for any 5 consecutive years
within the last 10 years of service immediately preceding the
date of withdrawal; provided that in the case of any employee
who withdraws on or after July 1, 1971, such employee age  60
or over with 20 or more years of service, or who withdraws on
or after January 1, 1982 and on or after attainment of age 65
with  10  or  more years of service, shall instead receive an
annuity for life equal to 1.67% for  each  of  the  first  10
years  of  service;  1.90%  for  each of the next 10 years of
service; 2.10% for each year of service in excess of  20  but
not  exceeding  30;  and  2.30%  for  each year of service in
excess of 30, based on the highest average annual salary  for
any  4  consecutive years within the last 10 years of service
immediately preceding the date of withdrawal.
    An employee who withdraws after July 1, 1957,  but  prior
to  January 1, 1988, with 20 or more years of service, before
age 60 is entitled to annuity, to begin not earlier than  age
55,  if under such age at withdrawal, as computed in the last
preceding paragraph, reduced 1/2 of 1% for each full month or
fractional part thereof that his attained age when annuity is
to begin is less than 60 to the end that the total  reduction
at  age  55 shall be 30%, except that an employee retiring at
age 55 or over but less than age 60, having at least 35 years
of service, shall not be subject  to  the  reduction  in  his
retirement annuity because of retirement below age 60.
    An  employee  who  withdraws on or after January 1, 1988,
with 20 or more years  of  service  and  before  age  60,  is
entitled  to  annuity as computed above, to begin not earlier
than age 50 if under such age at withdrawal, reduced  1/2  of
1%  for  each  full month or fractional part thereof that his
attained age when annuity is to begin is less than 60, to the
end that the total reduction at age 50 shall be  60%,  except
that an employee retiring at age 50 or over but less than age
60, having at least 30 years of service, shall not be subject
to  the reduction in retirement annuity because of retirement
below age 60.
    An employee who withdraws on or after January 1, 1992 but
before January 1, 1993, at age 60 or  over  with  5  or  more
years  of  service,  may elect, in lieu of any other employee
annuity provided in this Section, to receive an  annuity  for
life  equal  to  2.20%  for  each  of  the  first 20 years of
service, and 2.40% for each year of service in excess of  20,
based  on  the  highest  average  annual  salary  for  any  4
consecutive  years  within  the  last  10  years  of  service
immediately  preceding  the  date of withdrawal.  An employee
who withdraws on or after January 1, 1992, but before January
1, 1993,  on  or  after  attainment  of  age  55  but  before
attainment  of  age  60  with  5 or more years of service, is
entitled to elect such annuity,  but  the  annuity  shall  be
reduced  0.25% for each full month or fractional part thereof
that his attained age when the annuity is to  begin  is  less
than  age  60,  to the end that the total reduction at age 55
shall be 15%, except that an employee retiring at age  55  or
over  but  less  than  age  60,  having  at least 30 years of
service, shall not be subject to the reduction in  retirement
annuity  because  of  retirement  below age 60.  This annuity
benefit formula shall only apply to those employees  who  are
age  55  or  over  prior to January 1, 1993, and who elect to
withdraw at age 55 or over on or after January  1,  1992  but
before January 1, 1993.
    An  employee  who  withdraws on or after July 1, 1996 but
before August 1, 1996, at age 55 or over with 8 or more years
of service, may elect, in lieu of any other employee  annuity
provided  in  this  Section,  to  receive an annuity for life
equal to 2.20% for each of the first 20 years of service, and
2.40% for each year of service in excess of 20, based on  the
highest  average  annual  salary  for any 4 consecutive years
within the last 10 years of service immediately preceding the
date of withdrawal, but the annuity shall be reduced by 0.25%
for each full month  or  fractional  part  thereof  that  the
annuitant's attained age when the annuity is to begin is less
than  age  60,  unless the annuitant has at least 30 years of
service.
    The maximum annuity under this paragraph  (a)  shall  not
exceed  70%  of  highest  average  annual  salary  for  any 5
consecutive years within the last 10 years of service in  the
case  of an employee who withdraws prior to July 1, 1971, and
75%  of  the  highest  average  annual  salary  for   any   4
consecutive  years  within  the  last  10  years  of  service
immediately  preceding  the  date of withdrawal if withdrawal
takes place on or after July 1, 1971 and prior to January  1,
1988,  and 80% of the highest average annual salary for any 4
consecutive  years  within  the  last  10  years  of  service
immediately preceding the date of  withdrawal  if  withdrawal
takes  place  on  or  after  January 1, 1988. Fifteen hundred
dollars shall be considered  the  minimum  amount  of  annual
salary  for  any year, and the maximum shall be his salary as
defined in this Article, except that  for  the  years  before
1957  and  subsequent to 1952 the maximum annual salary to be
considered shall be $6,000, and for any year before the  year
1953, $4,800.
    (b)  Any  employee who withdraws on or after July 1, 1985
but prior to January 1, 1988, at age 60 or over  with  10  or
more  years  of  service, may elect in lieu of the benefit in
paragraph (a) to receive an annuity for life equal  to  2.00%
for each year of service, based on the highest average annual
salary  for  any 4 consecutive years within the last 10 years
of service immediately preceding the date of withdrawal.   An
employee who withdraws on or after July 1, 1985, but prior to
January 1, 1988, with 10 or more years of service, but before
age  60,  is  entitled  to  elect  such annuity, to begin not
earlier than age 55, but the annuity shall  be  reduced  0.5%
for  each  full  month  or  fractional  part thereof that his
attained age when the annuity is to begin is less than 60, to
the end that the total reduction at  age  55  shall  be  30%;
except  that  an employee retiring at age 55 or over but less
than age 60, having at least 30 years of service,  shall  not
be  subject to the reduction in retirement annuity because of
retirement below age 60.
    An employee who withdraws on or after January 1, 1988, at
age 60 or over with 10 or more years of service,  may  elect,
in  lieu  of  the  benefit  in  paragraph  (a), to receive an
annuity for life equal to 2.20% for  each  of  the  first  20
years of service, and 2.4% for each year of service in excess
of  20,  based on the highest average annual salary for any 4
consecutive  years  within  the  last  10  years  of  service
immediately preceding the date of withdrawal. An employee who
withdraws on or after January 1, 1988, with 10 or more  years
of  service,  but  before  age  60, is entitled to elect such
annuity, to begin not earlier than age 50,  but  the  annuity
shall  be reduced 0.5% for each full month or fractional part
thereof that his attained age when the annuity is to begin is
less than 60, to the end that the total reduction at  age  50
shall  be  60%, except that an employee retiring at age 50 or
over but less than age  60,  having  at  least  30  years  of
service,  shall not be subject to the reduction in retirement
annuity because of retirement below age 60.
    An employee who withdraws on or after June 30, 2002  with
10  or  more years of service may elect, in lieu of any other
retirement annuity provided under this Article, to receive an
annuity for life, beginning no earlier than  upon  attainment
of  age  50,  equal  to  2.40%  of his or her highest average
annual salary for any 4 consecutive years within the last  10
years  of  service immediately preceding withdrawal, for each
year of service.  If the employee has less than 30  years  of
service,  the  annuity shall be reduced by 0.5% for each full
month or  remaining  fraction  thereof  that  the  employee's
attained age when the annuity is to begin is less than 60.
    The  maximum  annuity  under this paragraph (b) shall not
exceed 75% of the highest average annual  salary  for  any  4
consecutive  years  within  the  last  10  years  of  service
immediately  preceding  the  date of withdrawal if withdrawal
occurs prior to January  1,  1988,  or  80%  of  the  highest
average  annual salary for any 4 consecutive years within the
last 10 years of service immediately preceding  the  date  of
withdrawal  if  withdrawal takes place on or after January 1,
1988.
    The provisions of this paragraph (b) do not apply to  any
former  County  employee  receiving an annuity from the fund,
who re-enters service as a County employee, unless he renders
at least 3 years of additional  service  after  the  date  of
re-entry.
    (c)  For  an  employee  receiving disability benefit, the
salary for annuity purposes under paragraph  (a)  or  (b)  of
this  Section  shall,  for  all periods of disability benefit
subsequent to the year 1956,  be  the  amount  on  which  his
disability benefit was based.
    (d)  A  county employee with 20 or more years of service,
whose entire disability benefit credit period expires  before
attainment  of  age  50  (age  55 if expiration occurs before
January  1,  1988),  while  still  disabled  for  service  is
entitled upon withdrawal to the larger of:
         (1)  The minimum annuity  provided  above,  assuming
    that  he  is  then  age  50  (age 55 if expiration occurs
    before January 1, 1988), and reducing such annuity to its
    actuarial equivalent at his attained age on such date, or
         (2)  the annuity provided from his age  and  service
    and prior service annuity credits.
    (e)  The minimum annuity provisions above do not apply to
any  former  county  employee  receiving  an annuity from the
fund, who re-enters service as a county employee,  unless  he
renders at least 3 years of additional service after the date
of re-entry.
    (f)  Any  employee  in  service  on  July 1, 1947, or who
enters  service  thereafter  before  attaining  age  65   and
withdraws after age 65 with less than 10 years of service for
whom  the annuity has been fixed under the foregoing Sections
of this Article, shall, instead  of  the  annuity  so  fixed,
receive an annuity as follows:
    Such amount as he could have received had the accumulated
amounts  for  annuity  been  improved  with  interest  at the
effective rate to the date of withdrawal, or to attainment of
age 70, whichever is earlier, and had the county  contributed
to  such  earlier date for age and service annuity the amount
that it would have contributed had  he  been  under  age  65,
after  the date his annuity was fixed in accordance with this
Article, and assuming his annuity  were  computed  from  such
accumulations  as  of  his  age on such earlier date. However
those employees who before  July  1,  1953,  made  additional
contributions in accordance with this Article, the annuity so
computed  under  this  paragraph shall not exceed the annuity
which would be payable under the  other  provisions  of  this
Section  if the employee concerned was credited with 20 years
of service and would qualify for annuity thereunder.
    (g)  Instead of the annuity provided in this or any other
Section of this Article, an employee having attained  age  65
with  at  least  15  years  of service may elect to receive a
minimum annual annuity for life equal to 1%  of  the  highest
average  annual salary for any 4 consecutive years within the
last 10 years of service immediately preceding retirement for
each year of service, plus the sum of $25 for  each  year  of
service  provided  that no such minimum annual annuity may be
greater than 60% of such highest average annual salary.
    (h)  The   annuity   is   payable   in   equal    monthly
installments.
    (i)  If,   by   operation   of   law,  a  function  of  a
governmental unit, as defined by Section 20-107 of this Code,
is transferred in whole or in part to  the  county  in  which
this  Article 9 is created as set forth in Section 9-101, and
employees of the governmental unit are transferred as a class
to such county, the earnings credits in the retirement system
covering the governmental  unit  which  have  been  validated
under  Section  20-109  of  this  Code shall be considered in
determining the highest average annual salary for purposes of
this Section 9-134.
    (j)  The annuity being paid to an employee  annuitant  on
July  1, 1988, shall be increased on that date by 1% for each
full year that has elapsed from the date the annuity began.
    (k)  Notwithstanding anything to  the  contrary  in  this
Article  9, Section 20-131 shall not apply to an employee who
withdraws on or after January 1, 1988, but prior to attaining
age 55.  Therefore, no employee shall be entitled to elect to
have the alternative formula previously set forth in  Section
20-122  prior  to  the  amendatory  Act  of 1975 apply to any
annuity, the payment of  which  commenced  after  January  1,
1988, but prior to such employee's attainment of age 55.
(Source: P.A. 86-272; 87-794.)

    (40 ILCS 5/9-134.3)
    Sec. 9-134.3.  Early retirement incentives.
    (a)  To  be  eligible  for  the benefits provided in this
Section, a person must:
         (1)  be a current contributing member  of  the  Fund
    established  under  this  Article who, on May 1, 1997 and
    within 30 days prior to the date of retirement, is (i) in
    active payroll status in a position of  employment  under
    this  Article or (ii) receiving disability benefits under
    Section  9-156  or  9-157;  or  else  be  eligible  under
    subsection (g);
         (2)  have not  previously  retired  from  the  Fund,
    except as provided under subsection (g);
         (3)  file  with the Board before October 1, 1997 (or
    the date specified in subsection (g), if  applicable),  a
    written  application  requesting the benefits provided in
    this Section;
         (4)  elect to retire under this Section on or  after
    September  1, 1997 and on or before February 28, 1998 (or
    the date established under  subsection  (d)  or  (g),  if
    applicable);
         (5)  have  attained  age 55 on or before the date of
    retirement and before February 28, 1998; and
         (6)  have at least 10 years of creditable service in
    the  Fund,  excluding  service  in  any  of   the   other
    participating   systems   under  the  Retirement  Systems
    Reciprocal Act, by the effective date of  the  retirement
    annuity or February 28, 1998, whichever occurs first.
    (b)  An  employee who qualifies for the benefits provided
under this Section shall be entitled to the following:
         (1)  The   employee's   retirement    annuity,    as
    calculated  under  the  other provisions of this Article,
    shall be increased at the time of retirement by an amount
    equal to 1% of the employee's average annual  salary  for
    the  highest 4 consecutive years within the last 10 years
    of service, multiplied by the employee's number of  years
    of  service  credit  in  this  Fund up to a maximum of 10
    years;  except  that  the   total   retirement   annuity,
    including  any  additional benefits elected under Section
    9-121.6 or 9-179.3, shall not exceed 80% of that  highest
    average annual salary.
         (2)  If   the   employee's   retirement  annuity  is
    calculated under Section 9-134, the employee shall not be
    subject to the reduction in retirement annuity because of
    retirement below age 60 that is otherwise required  under
    that Section.
    (c)  A  person  who elects to retire under the provisions
of this Section thereby relinquishes his  or  her  right,  if
any,  to  have  the  retirement  annuity calculated under the
alternative formula formerly set forth in Section  20-122  of
the Retirement Systems Reciprocal Act.
    (d)  In   the   case   of  an  employee  whose  immediate
retirement could jeopardize public safety or create  hardship
for  the  employer,  the  deadline for retirement provided in
subdivision (a)(4) of this  Section  may  be  extended  to  a
specified  date,  no  later  than  August  31,  1998,  by the
employee's  department  head,  with  the  approval   of   the
President  of  the  County Board.  In the case of an employee
who is not employed  by  a  department  of  the  County,  the
employee's  "department  head",  for  the  purposes  of  this
Section, shall be a person designated by the President of the
County Board.
    (e)  Notwithstanding  Section  9-161,  an  annuitant  who
reenters   service  under  this  Article  after  receiving  a
retirement annuity based  on  benefits  provided  under  this
Section  thereby  forfeits  the  right to continue to receive
those benefits and shall have his or her  retirement  annuity
recalculated without the benefits provided in this Section.
    (f)  This  Section  also  applies to the Fund established
under Article 10 of this Code.
    (g)  A person who (1) was  a  participating  employee  on
November  30,  1996, (2) was laid off on or after December 1,
1996 and before May 1, 1997 due to  the  elimination  of  the
employee's  job  or  position,  (3) meets the requirements of
items (3) through (6) of subsection (a), and (4) has not been
reinstated as a Cook County employee since being laid off  is
eligible  for  the benefits provided under this Section.  For
such a person, the  application  required  under  subdivision
(a)(3) of this Section must be filed within 60 days after the
effective  date  of  this  amendatory Act of the 92nd General
Assembly, and the date of retirement must be within  60  days
after the effective date of this amendatory Act.
    In  the  case  of a person eligible under this subsection
(g) who began to receive  a  retirement  annuity  before  the
effective  date  of this amendatory Act, the annuity shall be
recalculated to include the increase under this Section,  and
that  increase shall take effect on the first annuity payment
date following the date of application.
(Source: P.A. 90-32, eff. 6-27-97.)

    (40 ILCS 5/9-134.4 new)
    Sec. 9-134.4.  Early retirement incentives.
    (a)  To be eligible for the  benefits  provided  in  this
Section, a person must:
         (1)  be  a  current  contributing member of the Fund
    established under this Article who, on  January  1,  2001
    and  within  30  days prior to the date of retirement, is
    (i) in active payroll status in a position of  employment
    under  this Article or (ii) receiving disability benefits
    under Section 9-156 or 9-157;
         (2)  have not previously retired from the Fund;
         (3)  file with the Board  before  March  1,  2003  a
    written  application  requesting the benefits provided in
    this Section;
         (4)  elect to retire under this Section on or  after
    November 30, 2002 and on or before March 31, 2003 (or the
    date established under subsection (d), if applicable);
         (5)  have  attained  age 50 on or before the date of
    retirement and on or before March 31, 2003; and
         (6)  have at least 20 years of creditable service in
    the  Fund,  excluding  service  in  any  of   the   other
    participating   systems   under  the  Retirement  Systems
    Reciprocal Act, by the effective date of  the  retirement
    annuity or March 31, 2003, whichever occurs first.
    (b)  An  employee who qualifies for the benefits provided
under this Section shall be entitled to the following:
         (1)  The   employee's   retirement    annuity,    as
    calculated  under  the  other provisions of this Article,
    shall be increased at the time of retirement by an amount
    equal to 1% of the employee's average annual  salary  for
    the  highest 4 consecutive years within the last 10 years
    of service, multiplied by the employee's number of  years
    of  service  credit  in  this  Fund up to a maximum of 10
    years;  except  that  the   total   retirement   annuity,
    including  any  additional benefits elected under Section
    9-121.6 or 9-179.3, shall not exceed 80% of that  highest
    average annual salary.
         (2)  If   the   employee's   retirement  annuity  is
    calculated under Section 9-134, the employee shall not be
    subject to the reduction in retirement annuity because of
    retirement below age 60 that is otherwise required  under
    that Section.
    (c)  A  person  who elects to retire under the provisions
of this Section thereby relinquishes his  or  her  right,  if
any,  to  have  the  retirement  annuity calculated under the
alternative formula formerly set forth in Section  20-122  of
the Retirement Systems Reciprocal Act.
    (d)  In   the   case   of  an  employee  whose  immediate
retirement could jeopardize public safety or create  hardship
for  the  employer,  the  deadline for retirement provided in
subdivision (a)(4) of this  Section  may  be  extended  to  a
specified  date,  no  later  than  September 30, 2003, by the
employee's  department  head,  with  the  approval   of   the
President  of  the  County Board.  In the case of an employee
who is not employed  by  a  department  of  the  County,  the
employee's  "department  head",  for  the  purposes  of  this
Section, shall be a person designated by the President of the
County Board.
    (e)  Notwithstanding  Section  9-161,  an  annuitant  who
reenters   service  under  this  Article  after  receiving  a
retirement annuity based  on  benefits  provided  under  this
Section  thereby  forfeits  the  right to continue to receive
those benefits and shall have his or her  retirement  annuity
recalculated without the benefits provided in this Section.
    (f)  This  Section  also  applies to the Fund established
under Article 10 of this Code.

    (40 ILCS 5/9-146.1) (from Ch. 108 1/2, par. 9-146.1)
    Sec. 9-146.1. Minimum annuities for widows.  The widow of
an employee who retires from service or  dies  while  in  the
service  subsequent  to  June  11,  1965,  who  is  otherwise
eligible  for widow's annuity under this Article and for whom
the amount of  widow's  annuity  and  widow's  prior  service
annuity  combined,  fixed  or  provided  for such widow under
other provisions of this Article 9 is less  than  the  amount
hereinafter  provided  in this Section, shall, from and after
the date her otherwise provided annuity would begin, in  lieu
of  such otherwise provided widow's and widow's prior service
annuity, be entitled to the  following  indicated  amount  of
annuity:
    (a)  The  widow,  of  any  employee who dies while in the
service on or after the date on which he attains the  age  of
60  or more years with at least 20 years of service, or 10 or
more years of service if death occurs on or after  attainment
of  age 65 and on or after January 1, 1982, shall be entitled
to an annuity equal to one-half  of  the  amount  of  annuity
which  her  deceased  husband  would  have  been  entitled to
receive  had  he  withdrawn  from  the  service  on  the  day
immediately preceding the date of his death, conditional upon
such widow having attained the age of 60  or  more  years  on
such date. Such amount of widow's annuity shall not, however,
exceed  the  sum  of  $500 a month if death in service occurs
before July 1, 1985.
    If such widow of such described employee shall not be  60
or  more  years  of  age  on  such  date of death, the amount
provided in the immediately preceding paragraph for  a  widow
60  or  more years of age, shall, in the case of such younger
widow, be reduced by 1/2 of 1 per cent for  each  month  that
her then attained age is less than 60 years; except that such
younger  widow of an employee who dies while in service on or
after July 1, 1985 with at least 30 years of  service,  shall
not be subject to the reduction in widow's annuity because of
her age less than 60 on the date of the employee's death.
    (b)  The  widow,  of  any employee who dies subsequent to
the date of his retirement on annuity, and who so retired  on
or  after the date on which he attained the age of 60 or more
years with at least 20 years of service, or 10 or more  years
of service if retirement occurs on or after attainment of age
65  and  on or after January 1, 1982, shall be entitled to an
annuity equal to one-half of the amount of annuity which  her
deceased husband received as of the date of his retirement on
annuity,  conditional upon such widow having attained the age
of 60 or more years on the date of her  husband's  retirement
on  annuity.  Such  amount  of  widow's  annuity  shall  not,
however,  exceed  the sum of $500 a month if the death occurs
before the effective date of this amendatory Act of 1991.
    If such widow of such described employee shall  not  have
attained  such  age  of  60 or more years on such date of her
husband's retirement on annuity, the amount provided  in  the
immediately  preceding paragraph for a widow 60 or more years
of age on the date of her husband's  retirement  on  annuity,
shall,  in the case of such then younger widow, be reduced by
1/2 of 1 per cent for each month that her then  attained  age
was  less than 60 years; except that such younger widow of an
employee retiring on or after July 1, 1985 with at  least  30
years  of  service,  shall not be subject to the reduction in
widow's annuity because of her age less than 60 on  the  date
of the employee's retirement.
    (c)  The   foregoing   provisions   relating  to  minimum
annuities for widows shall not apply  to  the  widow  of  any
former  county employee receiving an annuity from the Fund on
June 11, 1965, who re-enters service as  a  county  employee,
unless  such  employee renders at least 3 years of additional
service after the date of re-entry.
    (d)  An annuity being  paid  to  a  surviving  spouse  on
January   1,  1984  shall  be  increased  by  10%  and  shall
thereafter  be  paid  at  the  increased   rate   until   the
termination  of  the  annuity  by  death or other cause.  The
annuity for a qualifying widow  shall  not  exceed  $500  per
month.
    (e)  The  widow of any employee who dies while in service
on or after July 1, 1985 but prior to January  1,  1988,  and
the widow of an employee who retires on or after July 1, 1985
but  prior  to  January  1,  1988  with  at least 10 years of
service, and the widow of an employee who retires on or after
January 1, 1984 but prior to July 1, 1985 with  at  least  30
years  of  service,  shall be entitled to an annuity equal to
one-half of the amount of annuity which her deceased  husband
would  have  received had he retired immediately prior to his
death or  one-half  the  amount  of  the  originally  granted
retirement  annuity,  whichever  is applicable.  Such widow's
annuity will be reduced 0.5% for each month that the  widow's
attained  age  is  less  than  age  60  on  the  date  of the
employee's death in service or retirement if  the  employee's
death  in  service  or  retirement is before January 1, 1988;
except that such younger widow of an employee with  at  least
30  years of service shall not be subject to the reduction in
widow's annuity because of her age less than 60 on  the  date
of the employee's death in service or retirement.
    The  widow of an employee who dies in service on or after
January 1, 1988, or retires on or after January 1, 1988  with
at least 10 years of service, shall be entitled to an annuity
equal  to  1/2  of  the  amount of annuity which her deceased
husband would have received had he retired immediately  prior
to  his  death  or 1/2 of the amount of the annuity which her
deceased husband received  as  of  the  date  of  his  death,
whichever  is  applicable.   Such  widow's  annuity  shall be
reduced 0.5% for each month that the widow's attained age  is
less  than  age  60  on  the  date of the employee's death if
employee's death in service or retirement is after January 1,
1988; except that such younger widow of an employee  with  at
least  30  years  of  service  shall  not  be  subject to the
reduction in widow's annuity because of her age on  the  date
of the employee's death.
    In  lieu  of  any other annuity provided by this Article,
the widow of an employee who dies  in  service  on  or  after
January  1, 1992, or retires on or after January 1, 1992 with
at least 10 years of service, shall be entitled to an annuity
equal to 1/2 of the amount  of  annuity  which  her  deceased
husband  would have received had he retired immediately prior
to his death or 1/2 of the amount of the  annuity  which  her
deceased  husband  received  as  of  the  date  of his death,
whichever is  applicable.   Such  widow's  annuity  shall  be
reduced  0.5% for each month that the widow's attained age is
less than age 55 on the date of the employee's death;  except
that such younger widow of an employee with at least 30 years
of  service  shall not be subject to the reduction in widow's
annuity because of her age on  the  date  of  the  employee's
death.
    In  lieu  of  any other annuity provided by this Article,
the widow of an employee who dies  in  service  or  withdraws
from  service  on or after January 1, 1992 but before January
1, 1993 at age 55 or over with at least 5 but  less  than  10
years  of  service,  shall be entitled to an annuity equal to
half of the amount of  annuity  which  her  deceased  husband
would  have  received had he retired immediately prior to his
death or half of the amount of the annuity which her deceased
husband received as of the date of his  death,  whichever  is
applicable.   This  widow's annuity shall be reduced 0.5% for
each month that the widow's attained age is less than  60  on
the date of the employee's death.
    However, in the case of an employee dying in service, the
amount  of  widow's annuity shall not be less than 10% of the
highest average annual salary for  any  4  consecutive  years
within the last 10 years of service immediately preceding the
date of withdrawal.  The maximum amount of annuity under this
paragraph  shall  not  be  limited  to a dollar maximum.  The
provisions of this paragraph shall not apply to the widow  of
any former County employee receiving an annuity from the fund
who  re-enters  service  as  a  County  employee, unless such
employee renders at least 3 years of additional service after
the date of re-entry.
    (f)  An annuity being paid to a surviving spouse on  July
1,  1988, shall be increased on that date by 1% for each full
year that has elapsed from the date the annuity began.
    (g)  In lieu of any other  annuity  provided  under  this
Article,  if the deceased employee was receiving a retirement
annuity at the time of his death and that death occurs on  or
after  January  1,  1993, the widow's annuity shall be 50% of
the deceased employee's retirement annuity  at  the  time  of
death, reduced by 0.5% for each month that the widow's age on
the  date of death is less than 55, except that the reduction
does not apply if the deceased employee had at least 30 years
of service.
    (h)  In lieu of any other  annuity  provided  under  this
Article,  the  widow of an employee who dies in service on or
after July 1, 2002 or has at least 10 years  of  service  and
dies  on  or  after  July  1, 2002 while receiving an annuity
shall be entitled to a widow's annuity equal to  65%  of  the
amount  of  annuity  which  her  deceased  husband would have
received had he retired immediately prior to his death or 65%
of the amount of  the  annuity  which  her  deceased  husband
received   as   of  the  date  of  his  death,  whichever  is
applicable.  This widow's annuity shall be  reduced  by  0.5%
for  each  month  that  the  widow's  age  on the date of the
employee's death is less than 55, unless the deceased husband
had at least 30 years of service.
(Source: P.A. 86-273; 87-794; 87-1265.)

    (40 ILCS 5/9-148) (from Ch. 108 1/2, par. 9-148)
    Sec. 9-148. Widows or  wives  not  entitled  to  annuity.
Except  as  provided in Section 9-148.1, the following widows
or wives of employees have no right to annuity from the fund:
    (a)  The  widow  or  wife,  married  subsequent  to   the
effective date, of an employee who dies in service if she was
not married to him before he attained age 65;
    (b)  The   widow  or  wife,  married  subsequent  to  the
effective date, of an employee  who  withdraws  from  service
whether or not he enters upon annuity, and who dies while out
of  service,  if she was not his wife while he was in service
and before he attained age 65;
    (c)  The widow or wife of an employee  with  10  or  more
years  of  service whose death occurs out of and after he has
withdrawn from service, and who  has  received  a  refund  of
contributions for annuity purposes;
    (d)  The  widow  or wife of an employee with less than 10
years of service  who  dies  out  of  service  after  he  has
withdrawn from service before he attained age 60.
(Source: P.A. 81-1536.)

    (40 ILCS 5/9-148.1 new)
    Sec. 9-148.1. Widow's annuity for widow married to member
for  at  least one year.  Notwithstanding Section 9-148, if a
member was not married at the time of retirement but  married
after  retirement, that member's widow shall be entitled to a
widow's annuity if (1) the widow was married  to  the  member
for  at  least the last year prior to the member's death; (2)
the widow is otherwise eligible for a  widow's  annuity;  and
(3)  the  widow repays to the Fund (i) an amount equal to the
amount of any refund paid  to  the  member  at  the  time  of
retirement  pursuant  to  Section  9-165  plus  (ii) interest
thereon from the  date  of  the  refund  until  the  time  of
repayment at the rate of 6% per year.

    (40 ILCS 5/9-163) (from Ch. 108 1/2, par. 9-163)
    Sec.  9-163.  Restoration of rights.  An employee who has
withdrawn as  a  refund  the  amounts  credited  for  annuity
purposes,  and  who  re-enters service and serves for periods
comprising at least 2 years after the date of the last refund
paid to him, may have his annuity rights restored  by  making
application  to  the  board  in  writing for the privilege of
reinstating such rights and by compliance with the  following
provisions:
         (a)  The  employee  shall  repay in full to the fund
    while in service  all  refunds  received,  together  with
    interest  at the effective rate from the application date
    of such refund or refunds to the date of repayment.
         (b)  If payment is not made in  a  single  sum,  the
    repayment  may be made in installments by deductions from
    salary or otherwise in such amounts as the  employee  may
    elect  to  pay,  with  interest  at  the  effective  rate
    accruing on unpaid balances.
         (c)  If  the employee withdraws from service or dies
    in service before full repayment is made, or  during  the
    required return to service, the amounts repaid, including
    interest  repaid  but  without further interest, shall be
    refunded in accordance with the refund provisions of this
    Article.
    For an employee who applies  to  the  Fund  to  reinstate
credit  and  repay a refund between January 1, 1993 and March
1, 1993, the 2 year  minimum  period  of  subsequent  service
required  under  item  (a)  shall  be  instead  a period of 6
months.
    A person who establishes  service  credit  under  Section
9-121.16 may, at the same time, reinstate credit in this Fund
and   repay   a   refund   without   a   return  to  service,
notwithstanding the other provisions of this Section.
(Source: P.A. 87-1265.)

    (40 ILCS 5/9-179.3) (from Ch. 108 1/2, par. 9-179.3)
    Sec. 9-179.3.  Optional plan of additional  benefits  and
contributions.
    (a)  While  this  plan  is  in  effect,  an  employee may
establish additional optional credit for additional  optional
benefits   by  electing  in  writing  at  any  time  to  make
additional  optional   contributions.    The   employee   may
discontinue  making  the additional optional contributions at
any time by notifying the fund in writing.
    (b)  Additional optional contributions for the additional
optional benefits shall be as follows:
         (1)  For service after the  option  is  elected,  an
    additional   contribution   of  3%  of  salary  shall  be
    contributed to the fund on the same basis and  under  the
    same  conditions as contributions required under Sections
    9-170 and 9-176.
         (2)  For service before the option  is  elected,  an
    additional  contribution  of  3%  of  the  salary for the
    applicable  period  of  service,  plus  interest  at  the
    effective rate from the date of service to  the  date  of
    payment.   All  payments for past service must be paid in
    full before  credit  is  given.  No  additional  optional
    contributions  may  be made for any period of service for
    which credit has been previously forfeited by  acceptance
    of  a  refund,  unless  the refund is repaid in full with
    interest at the effective rate from the date of refund to
    the date of repayment.
    (c)  Additional optional benefits shall  accrue  for  all
periods    of   eligible   service   for   which   additional
contributions are paid in full.  The additional benefit shall
consist of an additional 1% for  each  year  of  service  for
which  optional  contributions  have  been paid, based on the
highest average annual salary for  any  4  consecutive  years
within the last 10 years of service immediately preceding the
date  of  withdrawal,  to be added to the employee retirement
annuity benefits as otherwise computed  under  this  Article.
The calculation of these additional benefits shall be subject
to  the  same  terms  and  conditions  as  are  used  in  the
calculation  of  retirement annuity under Section 9-134.  The
additional benefit shall be included in  the  calculation  of
the   automatic  annual  increase  in  annuity,  and  in  the
calculation of widow's annuity, where applicable.  However no
additional benefits will be granted  which  produce  a  total
annuity  greater  than the applicable maximum established for
that type of annuity in this Article, and additional benefits
shall  not  apply  to  any  benefit  computed  under  Section
9-128.1.
    (d)  Refunds of additional optional  contributions  shall
be  made  on  the same basis and under the same conditions as
provided under Sections 9-164,  9-166  and  9-167.   Interest
shall be credited at the effective rate on the same basis and
under the same conditions as for other contributions.
    (e)  Optional  contributions  shall be accounted for in a
separate Optional Contribution Reserve.
    (f)  The tax levy, computed under Section 9-169, shall be
based on  employee  contributions  including  the  amount  of
optional additional employee contributions.
    (g)  Service eligible under this Section may include only
service  as  an  employee of the County as defined in Section
9-108, and subject to Sections 9-219 and 9-220.   No  service
granted  under  Section  9-121.1, 9-121.4 or 9-179.2 shall be
eligible for optional service credit.   No  optional  service
credit  may  be  established for any military service, or for
any service under any other Article of this  Code.   Optional
service   credit   may  be  established  for  any  period  of
disability  paid  from  this  fund,  if  the  employee  makes
additional  optional  contributions  for  such   periods   of
disability.
    (h)  This  plan  of  optional  benefits and contributions
shall not apply to any former county  employee  receiving  an
annuity  from  the  fund,  who  re-enters service as a County
employee, unless he renders at least 3  years  of  additional
service after the date of re-entry.
    (i)  The   effective   date   of  the  optional  plan  of
additional benefits and contributions shall be July 1,  1985,
or the date upon which approval is received from the Internal
Revenue Service, whichever is later.
    (j)  This  plan  of additional benefits and contributions
shall expire July 1, 2005 2002.  No additional  contributions
may  be made after that date, and no additional benefits will
accrue after that date.
(Source: P.A. 90-32, eff. 6-27-97; 90-460, eff. 8-17-97.)

    (40 ILCS 5/9-219) (from Ch. 108 1/2, par. 9-219)
    Sec. 9-219. Computation of service.
    (1)  In computing the term  of  service  of  an  employee
prior  to  the effective date, the entire period beginning on
the date he was first appointed and ending on the day  before
the  effective  date,  except  any  intervening period during
which he was separated by withdrawal from service,  shall  be
counted for all purposes of this Article.
    (2)  In  computing the term of service of any employee on
or after the effective date, the following  periods  of  time
shall  be  counted as periods of service for age and service,
widow's and child's annuity purposes:
         (a)  The time during which he performed  the  duties
    of his position.
         (b)  Vacations, leaves of absence with whole or part
    pay, and leaves of absence without pay not longer than 90
    days.
         (c)  For  an  employee  who  is a member of a county
    police department or  a  correctional  officer  with  the
    county  department  of  corrections,  approved  leaves of
    absence without pay during which the employee serves as a
    full-time  officer  or  employee  head  of  an   employee
    association,  the  membership  of which consists of other
    participants in the Fund police officers,  provided  that
    the  employee contributes to the Fund (1) the amount that
    he would have  contributed  had  he  remained  an  active
    employee  member  of  the county police department in the
    position he occupied at the time the leave of absence was
    granted,  (2)  an  amount   calculated   by   the   Board
    representing  employer  contributions,  and  (3)  regular
    interest  thereon from the date of service to the date of
    payment.   However,  if  the  employee's  application  to
    establish credit under this subsection is received by the
    Fund on or after July 1, 2002 and before  July  1,  2003,
    the  amount representing employer contributions specified
    in item (2) shall be waived.
         For a former member of a  county  police  department
    who  has  received  a refund under Section 9-164, periods
    during which the employee serves as head of  an  employee
    association,  the  membership  of which consists of other
    police officers, provided that the  employee  contributes
    to the Fund (1) the amount that he would have contributed
    had  he  remained  an  active member of the county police
    department in the position he occupied  at  the  time  he
    left  service,  (2)  an  amount  calculated  by the Board
    representing  employer  contributions,  and  (3)  regular
    interest thereon from the date of service to the date  of
    payment.   However,  if  the  former member of the county
    police department retires on or after January 1, 1993 but
    no later than March  1,  1993,  the  amount  representing
    employer  contributions  specified  in  item (2) shall be
    waived.
         (d)  Any period of disability for which he  received
    disability benefit or whole or part pay.
         (e)  Accumulated vacation or other time for which an
    employee  who  retires  on  or  after  November  1,  1990
    receives  a  lump  sum payment at the time of retirement,
    provided that contributions were made to the fund at  the
    time  such  lump  sum  payment was received.  The service
    granted for the lump sum payment  shall  not  change  the
    employee's date of withdrawal for computing the effective
    date of the annuity.
         (f)  An  employee  may  receive  service  credit for
    annuity purposes for accumulated sick  leave  as  of  the
    date  of  the  employee's withdrawal from service, not to
    exceed a total of 180 days, provided that the  amount  of
    such  accumulated  sick  leave is certified by the County
    Comptroller to the Board and the employee pays an  amount
    equal  to  8.5%  (9%  for  members  of  the County Police
    Department who are eligible to receive an  annuity  under
    Section  9-128.1) of the amount that would have been paid
    had  such  accumulated  sick  leave  been  paid  at   the
    employee's  final  rate of salary.  Such payment shall be
    made within 30 days after  the  date  of  withdrawal  and
    prior to receipt of the first annuity check.  The service
    credit  granted for such accumulated sick leave shall not
    change the employee's date of withdrawal for the  purpose
    of computing the effective date of the annuity.
    (3)  In  computing  the term of service of an employee on
or after the effective date for ordinary  disability  benefit
purposes,  the  following periods of time shall be counted as
periods of service:
         (a)  Unless otherwise specified  in  Section  9-157,
    the  time  during  which  he  performed the duties of his
    position.
         (b)  Paid vacations and leaves of absence with whole
    or part pay.
         (c)  Any  period  for   which   he   received   duty
    disability benefit.
         (d)  Any  period of disability for which he received
    whole or part pay.
    (4)  For  an  employee  who  on  January  1,  1958,   was
transferred  by  Act  of  the  70th General Assembly from his
position in a department of welfare of any  city  located  in
the  county in which this Article is in force and effect to a
similar position in a  department  of  such  county,  service
shall  also  be  credited for ordinary disability benefit and
child's annuity for such  period  of  department  of  welfare
service  during  which  period  he  was  a  contributor  to a
statutory annuity and benefit fund in such city and for which
purposes service credit would otherwise not  be  credited  by
virtue of such involuntary transfer.
    (5)  An  employee  described in subsection (e) of Section
9-108 shall receive credit for child's annuity  and  ordinary
disability  benefit  for  the period of time for which he was
credited  with  service  in  the  fund  from  which  he   was
involuntarily  separated  through  class  or  group transfer;
provided, that no such credit shall be allowed to the  extent
that  it results in a duplication of credits or benefits, and
neither shall such credit be allowed to the  extent  that  it
was or may be forfeited by the application for and acceptance
of  a  refund  from  the  fund  from  which  the employee was
transferred.
    (6)  Overtime or extra service shall not be  included  in
computing  service.  Not more than 1 year of service shall be
allowed for service rendered during any calendar year.
(Source: P.A. 86-1488; 87-794; 87-1265.)

    (40 ILCS 5/11-125.8)
    Sec. 11-125.8. Service as police officer, firefighter, or
teacher.
    (a) Service rendered by an employee as a  police  officer
and  member of the regularly constituted police department of
the city, or as a firefighter and regular member of the  paid
fire  department  of  the city, or as a teacher in the public
school system in the city shall be counted, for the  purposes
of  this  Article,  as service rendered as an employee of the
city.  Salary received for any such service shall be treated,
for the purposes of this Article, as salary received for  the
performance of duty as an employee.
    (b)  Credit shall be granted under subsection (a) only if
(1) the employee pays  to  the  Fund  prior  to  his  or  her
separation  from  service  an  amount  equal  to the employee
contributions that would have been payable for that  service,
based  on  the salary actually received, plus interest at the
effective rate, and  (2)  the  employee  has  terminated  any
credit  for  that  service  earned  in  any other annuity and
benefit fund or pension fund in operation in the city for the
benefit of police officers, firefighters, or  teachers.   The
amount  transferred  to  the  Fund  under item (1) of Section
5-233.1, if any, shall be credited against the  contributions
required under this subsection.
(Source: P.A. 90-31, eff. 6-27-97.)

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

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

    (40 ILCS 5/11-145.1) (from Ch. 108 1/2, par. 11-145.1)
    Sec. 11-145.1.  Minimum annuities for widows.
    The widow otherwise eligible for  widow's  annuity  under
other Sections of this Article 11, of an employee hereinafter
described,  who  retires  from  service  or dies while in the
service subsequent to the effective date of  this  amendatory
provision,  and for which widow the amount of widow's annuity
and widow's prior service annuity combined, fixed or provided
for such widow under other provisions of said Article  11  is
less  than  the  amount hereinafter provided in this section,
shall, from and after the date her otherwise provided annuity
would begin, in lieu of such otherwise provided  widow's  and
widow's  prior  service annuity, be entitled to the following
indicated amount of annuity:
    (a)  The widow of any employee who dies while in  service
on  or after the date on which he attains age 60 if the death
occurs before July 1, 1990, or on or after the date on  which
he  attains  age  55  if the death occurs on or after July 1,
1990, with at least 20 years of service, or on or  after  the
date  on  which  he  attains age 50 if the death occurs on or
after the effective date of this amendatory Act of 1997  with
at least 30 years of service, shall be entitled to an annuity
equal to one-half of the amount of annuity which her deceased
husband  would have been entitled to receive had he withdrawn
from the service on the day immediately preceding the date of
his death, conditional upon such widow having attained age 60
on or before such date if the death  occurs  before  July  1,
1990, or age 55 if the death occurs on or after July 1, 1990,
or age 50 if the death occurs on or after January 1, 1998 and
the  employee  is  age  50  or over with at least 30 years of
service or age 55 or over with at least 25 years of  service.
Except  as  provided  in  subsection (j), the widow's annuity
shall not, however, exceed the sum of $500  a  month  if  the
employee's  death  in service occurs before January 23, 1987.
The widow's annuity shall not be limited to a maximum  dollar
amount  if the employee's death in service occurs on or after
January 23, 1987.
    If the employee dies in service before July 1, 1990,  and
if  such  widow of such described employee shall not be 60 or
more years of age on such date of death, the amount  provided
in the immediately preceding paragraph for a widow 60 or more
years  of  age,  shall, in the case of such younger widow, be
reduced by 0.25% for each month that her then attained age is
less than 60 years if the employee was born before January 1,
1936, or dies in service on or after January 1, 1988, or 0.5%
for each month that her then attained age  is  less  than  60
years  if  the  employee was born on or after January 1, 1936
and dies in service before January 1, 1988.
    If the employee dies in service on or after July 1, 1990,
and if the widow of the employee has not attained age  55  on
or  before the employee's date of death, the amount otherwise
provided in this subsection (a) shall be reduced by 0.25% for
each month that her then attained age is less than 55  years;
except  that  if  the  employee  dies  in service on or after
January 1, 1998 at age 50 or over with at least 30  years  of
service  or  at  age  55  or  over  with at least 25 years of
service, there shall be no reduction due to the  widow's  age
if  she  has attained age 50 on or before the employee's date
of death, and if the widow has not  attained  age  50  on  or
before  the  employee's  date  of  death the amount otherwise
provided in this subsection (a) shall be reduced by 0.25% for
each month that her then attained age is less than 50 years.
    (b)  The widow of any employee who dies subsequent to the
date of his retirement on annuity, and who so retired  on  or
after  the  date  on  which  he attained age 60 if retirement
occurs before July 1, 1990, or on or after the date on  which
he  attained  age 55 if retirement occurs on or after July 1,
1990, with at least 20 years of service, or on or  after  the
date  on which he attained age 50 if the retirement occurs on
or after the effective date of this amendatory  Act  of  1997
with  at  least  30 years of service, shall be entitled to an
annuity equal to one-half of the amount of annuity which  her
deceased husband received as of the date of his retirement on
annuity,  conditional  upon such widow having attained age 60
on or before the date of her husband's retirement on  annuity
if  retirement  occurs  before  July  1,  1990,  or age 55 if
retirement occurs on or after July 1, 1990, or age 50 if  the
retirement  on annuity occurs on or after January 1, 1998 and
the employee is age 50 or over with  at  least  30  years  of
service or age 55 or over with at least 25 years of service.
Except  as  provided  in subsection (j), this widow's annuity
shall not, however, exceed the sum of $500  a  month  if  the
employee's death occurs before January 23, 1987.  The widow's
annuity  shall  not  be limited to a maximum dollar amount if
the employee's death occurs on or  after  January  23,  1987,
regardless  of  the  date  of  retirement;  provided that, if
retirement was before  January  23,  1987,  the  employee  or
eligible spouse repays the excess spouse refund with interest
at  the effective rate from the date of refund to the date of
repayment.
    If the date of the employee's retirement  on  annuity  is
before  July  1,  1990,  and  if such widow of such described
employee shall not have attained such age of 60 or more years
on such date of her  husband's  retirement  on  annuity,  the
amount  provided in the immediately preceding paragraph for a
widow 60 or more years of age on the date  of  her  husband's
retirement  on  annuity,  shall,  in  the  case  of such then
younger widow, be reduced by 0.25% for each  month  that  her
then  attained age was less than 60 years if the employee was
born before January 1, 1936, or withdraws from service on  or
after  January  1, 1988, or 0.5% for each month that her then
attained age was less than 60 years if the employee was  born
on or after January 1, 1936 and withdraws from service before
January 1, 1988.
    If the date of the employee's retirement on annuity is on
or  after  July 1, 1990, and if the widow of the employee has
not attained age 55 by the date of the employee's  retirement
on  annuity, the amount otherwise provided in this subsection
(b) shall be reduced by 0.25% for each month  that  her  then
attained  age  is  less  than  55  years;  except that if the
employee retires on annuity on or after January  1,  1998  at
age 50 or over with at least 30 years of service or at age 55
or  over with at least 25 years of service, there shall be no
reduction due to the widow's age if she has attained  age  50
on  or  before the employee's date of death, and if the widow
has not attained age 50 on or before the employee's  date  of
death  the  amount  otherwise provided in this subsection (b)
shall be reduced by  0.25%  for  each  month  that  her  then
attained age is less than 50 years.
    (c)  The   foregoing   provisions   relating  to  minimum
annuities for widows shall not apply  to  the  widow  of  any
former  employee receiving an annuity from the fund on August
2,  1965  or  on  the  effective  date  of  this   amendatory
provision, who re-enters service as a former employee, unless
such  employee renders at least 3 years of additional service
after the date of re-entry.
    (d)  (Blank).
    (e)  (Blank).
    (f)  The amendments to this Section  by  this  amendatory
Act of 1985, relating to changing the discount because of age
from  1/2  of  1%  to 0.25% per month for widows of employees
born before January 1, 1936, shall apply only  to  qualifying
widows  whose  husbands  die while in the service on or after
August 16, 1985 or withdraw and enter on annuity on or  after
August 16, 1985.
    (g)  Beginning  on January 1, 1999, the minimum amount of
widow's annuity shall be $800 per  month  for  life  for  the
following  classes of widows, without regard to the fact that
the death of the employee occurred  prior  to  the  effective
date of this amendatory Act of 1998:
         (1)  any  widow annuitant alive and receiving a term
    annuity on the effective date of this amendatory  Act  of
    1998, except a reciprocal annuity;
         (2)  any  widow annuitant alive and receiving a life
    annuity on the effective date of this amendatory  Act  of
    1998, except a reciprocal annuity;
         (3)  any  widow  annuitant  alive  and  receiving  a
    reciprocal   annuity   on  the  effective  date  of  this
    amendatory Act of 1998, whose employee  spouse's  service
    in this fund was at least 5 years;
         (4)  the widow of an employee with at least 10 years
    of service in this fund who dies after retirement, if the
    retirement  occurred  prior to the effective date of this
    amendatory Act of 1998;
         (5)  the widow of an employee with at least 10 years
    of service in this fund who  dies  after  retirement,  if
    withdrawal  occurs on or after the effective date of this
    amendatory Act of 1998;
         (6)  the widow of an employee who  dies  in  service
    with  at  least  5  years of service in this fund, if the

    death in service occurs on or after the effective date of
    this amendatory Act of 1998.
    The increases granted under items (1), (2), (3)  and  (4)
of  this  subsection  (g)  shall  not be limited by any other
Section of this Act.
    (h)  The widow of an employee  who  retired  or  died  in
service  on or after January 1, 1985 and before July 1, 1990,
at age 55 or older, and with at least  35  years  of  service
credit,  shall  be  entitled  to  have  her  widow's  annuity
increased,  effective  January 1, 1991, to an amount equal to
50% of the retirement  annuity  that  the  deceased  employee
received  on  the  date  of  retirement,  or  would have been
eligible to receive if he had retired on  the  day  preceding
the  date of his death in service, provided that if the widow
had not attained  age  60  by  the  date  of  the  employee's
retirement  or  death  in  service, the amount of the annuity
shall be reduced by  0.25%  for  each  month  that  her  then
attained   age  was  less  than  age  60  if  the  employee's
retirement or death in service occurred on or  after  January
1,  1988, or by 0.5%  for each month that her attained age is
less than age 60 if the employee's  retirement  or  death  in
service occurred prior to January 1, 1988.  However, in cases
where  a  refund  of excess contributions for widow's annuity
has been paid by the Fund, the increase in  benefit  provided
by  this subsection (h) shall be contingent upon repayment of
the refund to the Fund with interest at  the  effective  rate
from the date of refund to the date of payment.
    (i)  If  a  deceased  employee  is receiving a retirement
annuity at the time of death and  that  death  occurs  on  or
after  June 27, 1997, the widow may elect to receive, in lieu
of any other annuity provided under this Article, 50% of  the
deceased  employee's  retirement annuity at the time of death
reduced by 0.25% for each month that the widow's age  on  the
date  of  death  is less than 55; except that if the employee
dies on or after January 1, 1998 and withdrew from service on
or after June 27, 1997 at age 50 or over  with  at  least  30
years  of service or at age 55 or over with at least 25 years
of service, there shall be no reduction due  to  the  widow's
age  if  she  has attained age 50 on or before the employee's
date of death, and if the widow has not attained age 50 on or
before the employee's date  of  death  the  amount  otherwise
provided in this subsection (i) shall be reduced by 0.25% for
each  month that her age on the date of death is less than 50
years.   However,  in  cases  where  a   refund   of   excess
contributions  for widow's annuity has been paid by the Fund,
the benefit provided by this  subsection  (i)  is  contingent
upon repayment of the refund to the Fund with interest at the
effective  rate  from  the  date  of  refund  to  the date of
payment.
    (j)  For widows of employees who died before January  23,
1987  after  retirement on annuity or in service, the maximum
dollar amount limitation on widow's annuity  shall  cease  to
apply,  beginning  with  the  first annuity payment after the
effective date of this amendatory Act of 1997; except that if
a refund of excess contributions for widow's annuity has been
paid by the Fund, the increase resulting from this subsection
(j) shall not begin before the refund has been repaid to  the
Fund,  together  with interest at the effective rate from the
date of the refund to the date of repayment.
    (k)  In lieu  of  any  other  annuity  provided  in  this
Article,  an  eligible  spouse  of  an  employee  who dies in
service at least 60 days after the  effective  date  of  this
amendatory  Act of the 92nd General Assembly with at least 10
years of service shall be entitled to an annuity  of  50%  of
the  minimum formula annuity earned and accrued to the credit
of the employee at the date of death.  For  the  purposes  of
this  subsection,  the  minimum  formula  annuity  earned and
accrued to the credit of the employee is equal to  2.40%  for
each year of service of the highest average annual salary for
any  4  consecutive years within the last 10 years of service
immediately preceding the date of death, up to a  maximum  of
80% of the highest average annual salary.  This annuity shall
not  be reduced due to the age of the employee or spouse.  In
addition to any other  eligibility  requirements  under  this
Article,  the spouse is eligible for this annuity only if the
marriage was in effect for 10 full years or more.
(Source: P.A. 90-32,  eff.  6-27-97;  90-511,  eff.  8-22-97;
90-766, eff. 8-14-98.)

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

    (40 ILCS 5/11-156) (from Ch. 108 1/2, par. 11-156)
    Sec. 11-156.  Ordinary disability benefit.   An employee,
while  under  age  65  and prior to January 1, 1979, or while
under age 70 and after January 1, 1979, who becomes  disabled
after  the  effective  date  as the result of any cause other
than injury incurred in the performance of any act or acts of
duty, shall be entitled to ordinary disability benefit during
such disability, after the first 30 days thereof.
    The disability benefit prescribed herein shall cease when
the  first  of  the  following  dates  shall  occur  and  the
employee, if still disabled, shall thereafter be entitled  to
such annuity as is otherwise provided in this Article:
    (a)  the date disability ceases.
    (b)  the  date  the  disabled employee attains age 65 for
disability commencing prior to January 1, 1979.
    (c)  the  date  the  disabled  employee  attains  65  for
disability commencing prior to attainment of age  60  in  the
service and after January 1, 1979.
    (d)  the date the disabled employee attains the age of 70
for  disability  commencing after attainment of age 60 in the
service and after January 1, 1979.
    (e)  the date the payments of the benefit shall exceed in
the aggregate, throughout the employee's  service,  a  period
equal  to 1/4 of the total service rendered prior to the date
of disability but in no event more than 5 years. In computing
such total the following periods shall be excluded:
    (i)  Any  period  during  which  the  employee   received
ordinary disability benefit;
    (ii)  Any  period of absence from duty, whether caused by
layoff, leave of absence or suspension of employment, or  any
other  reason,  unless the board, upon satisfactory evidence,
finds that the disability resulted from a cause which existed
or occurred prior to such period of absence. No employee  who
becomes  disabled  and whose disability begins during absence
from duty (other than while on vacation with pay) shall  have
any  right  to  ordinary disability benefit, except as herein
provided, until he recovers from such disability and performs
the duties of his position in the service  for  at  least  15
consecutive  days,  Sundays and holidays excepted, after such
recovery.
    The first payment shall be made not later than one  month
after  the  benefit  is  granted  and each subsequent payment
shall be made  not  later  than  one  month  after  the  last
preceding payment.
    Ordinary   disability   benefit   shall  be  50%  of  the
employee's salary at the date of disability.
    For ordinary disability benefits paid before  January  1,
2001,  before  any  payment, an amount equal to, less the sum
ordinarily deducted from salary for all annuity purposes  for
such period for which the ordinary disability benefit is made
shall  be  deducted  from  such  payment  and credited to the
employee as a deduction from salary  for  that  period.   The
sums  so deducted shall be credited to the employee and shall
be regarded, for annuity and refund purposes,  as  an  amount
contributed by him.
    For ordinary disability benefits paid on or after January
1,  2001,  the  fund  shall  credit sums equal to the amounts
ordinarily contributed by an employee  for  annuity  purposes
for  any  period  during which the employee receives ordinary
disability, and  those  sums  shall  be  deemed  for  annuity
purposes   and   purposes   of   Section  11-169  as  amounts
contributed by the  employee.   These  amounts  credited  for
annuity purposes shall not be credited for refund purposes.
    Any   employee  whose  ordinary  disability  benefit  was
terminated after January 1, 1979 by reason of his  attainment
of  age  65 and who continues disabled after age 65 may elect
before July 1, 1986 to have such benefits  resumed  beginning
at   the  time  of  such  termination  and  continuing  until
termination is required under this Section as amended by this
amendatory Act of 1985.  The amount payable to  any  employee
for  such  resumed benefit for any period shall be reduced by
the amount of any retirement annuity paid  to  such  employee
under  this  Article for the same period of time or by refund
paid in lieu of annuity.
(Source: P.A. 85-964.)

    (40 ILCS 5/11-160.1) (from Ch. 108 1/2, par. 11-160.1)
    Sec. 11-160.1.  Group health benefit.
    (a)  For the purposes of this  Section:  (1)  "annuitant"
means  a person receiving an age and service annuity, a prior
service annuity, a widow's annuity, a widow's  prior  service
annuity,  or  a minimum annuity, under Article 5, 6, 8 or 11,
by reason of previous  employment  by  the  City  of  Chicago
(hereinafter,  in  this  Section,  "the city"); (2) "Medicare
Plan annuitant" means an annuitant described in item (1)  who
is eligible for Medicare benefits; and (3) "non-Medicare Plan
annuitant"  means  an  annuitant described in item (1) who is
not eligible for Medicare benefits.
    (b)  The  city  shall  offer  group  health  benefits  to
annuitants and their eligible  dependents  through  June  30,
2003  2002.   The basic city health care plan available as of
June 30, 1988 (hereinafter called the basic city plan)  shall
cease  to  be a plan offered by the city, except as specified
in subparagraphs (4) and (5) below, and shall  be  closed  to
new  enrollment  or transfer of coverage for any non-Medicare
Plan annuitant as of June 27,  the  effective  date  of  this
amendatory  Act  of  1997.  The city shall offer non-Medicare
Plan annuitants and their eligible dependents the  option  of
enrolling  in  its  Annuitant Preferred Provider Plan and may
offer additional plans  for  any  annuitant.   The  city  may
amend,  modify,  or  terminate any of its additional plans at
its sole discretion.   If  the  city  offers  more  than  one
annuitant  plan,  the  city shall allow annuitants to convert
coverage from one city annuitant plan to another, except  the
basic  city  plan, during times designated by the city, which
periods of time shall  occur  at  least  annually.   For  the
period  dating  from  June  27,  the  effective  date of this
amendatory Act of 1997 through June 30,  2003  2002,  monthly
premium rates may be increased for annuitants during the time
of  their  participation  in  non-Medicare  plans,  except as
provided in subparagraphs (1) through (4) of this subsection.
         (1)  For non-Medicare Plan  annuitants  who  retired
    prior  to  January  1,  1988,  the  annuitant's  share of
    monthly premium for non-Medicare Plan coverage only shall
    not exceed the highest premium rate chargeable under  any
    city  non-Medicare Plan annuitant coverage as of December
    1, 1996.
         (2)  For non-Medicare Plan annuitants who retire  on
    or  after  January  1,  1988,  the  annuitant's  share of
    monthly premium for non-Medicare Plan coverage only shall
    be the rate in effect on December 1, 1996,  with  monthly
    premium  increases to take effect no sooner than April 1,
    1998 at the lower of  (i)  the  premium  rate  determined
    pursuant to subsection (g) or (ii) 10% of the immediately
    previous month's rate for similar coverage.
         (3)  In   no   event  shall  any  non-Medicare  Plan
    annuitant's share of  monthly  premium  for  non-Medicare
    Plan  coverage  exceed  10%  of  the  annuitant's monthly
    annuity.
         (4)  Non-Medicare Plan annuitants who  are  enrolled
    in  the  basic city plan as of July 1, 1998 may remain in
    the basic city plan, if they so choose, on the  condition
    that they are not entitled to the caps on rates set forth
    in  subparagraphs (1) through (3), and their premium rate
    shall  be  the  rate  determined   in   accordance   with
    subsections (c) and (g).
         (5)  Medicare  Plan  annuitants  who  are  currently
    enrolled  in  the  basic  city plan for Medicare eligible
    annuitants may remain in that plan, if  they  so  choose,
    through  June  30,  2003  2002.   Annuitants shall not be
    allowed to enroll in or transfer into the basic city plan
    for Medicare eligible annuitants  on  or  after  July  1,
    1999.   The  city  shall  continue  to offer annuitants a
    supplemental  Medicare   Plan   for   Medicare   eligible
    annuitants  through  June 30, 2003 2002, and the city may
    offer additional plans to Medicare eligible annuitants in
    its sole discretion.  All Medicare Plan annuitant monthly
    rates shall be determined in accordance with  subsections
    (c) and (g).
    (c)  The  city  shall  pay 50% of the aggregated costs of
the  claims  or  premiums,  whichever   is   applicable,   as
determined  in  accordance with subsection (g), of annuitants
and their dependents under all health care plans  offered  by
the  city.  The city may reduce its obligation by application
of  price  reductions  obtained  as  a  result  of  financial
arrangements with providers or plan administrators.
    (d)   From January 1, 1993 until June 30, 2003 2002,  the
board  shall pay to the city on behalf of each of the board's
annuitants who chooses to participate in any  of  the  city's
plans the following amounts: up to a maximum of $75 per month
for  each  such  annuitant  who  is  not qualified to receive
medicare benefits, and up to a maximum of $45 per  month  for
each  such  annuitant  who  is  qualified to receive medicare
benefits.
    The payments described in this subsection shall  be  paid
from  the  tax  levy  authorized  under  Section 11-178; such
amounts shall be credited to the reserve for  group  hospital
care  and  group  medical and surgical plan benefits, and all
payments to the city required under this subsection shall  be
charged against it.
    (e)  The city's obligations under subsections (b) and (c)
shall  terminate on June 30, 2003 2002, except with regard to
covered expenses incurred but not paid as of that date.  This
subsection shall not affect other  obligations  that  may  be
imposed by law.
    (f)  The  group  coverage plans described in this Section
are  not  and  shall  not  be  construed  to  be  pension  or
retirement benefits for purposes of Section 5 of Article XIII
of the Illinois Constitution of 1970.
    (g)  For each annuitant plan offered  by  the  city,  the
aggregate  cost  of claims, as reflected in the claim records
of the plan administrator, shall be estimated  by  the  city,
based upon a written determination by a qualified independent
actuary  to  be appointed and paid by the city and the board.
If the estimated annual cost for each annuitant plan  offered
by  the  city  is  more  than  the  estimated  amount  to  be
contributed by the city for that plan pursuant to subsections
(b) and (c) during that year plus the estimated amounts to be
paid  pursuant  to  subsection  (d)  and by the other pension
boards on  behalf  of  other  participating  annuitants,  the
difference  shall  be paid by all annuitants participating in
the plan, except as provided in subsection  (b).   The  city,
based  upon  the  determination  of  the independent actuary,
shall set the monthly amounts to be paid by the participating
annuitants.  The board may deduct the amounts to be  paid  by
its  annuitants  from  the  participating annuitants' monthly
annuities.
    If it is determined from the city's annual audit, or from
audited experience data, that the total amount  paid  by  all
participating annuitants was more or less than the difference
between  (1)  the  cost  of  providing  the group health care
plans, and (2) the sum of the amount to be paid by  the  city
as  determined  under  subsection (c) and the amounts paid by
all the pension boards, then the independent actuary and  the
city  shall  account  for the excess or shortfall in the next
year's  payments  by  annuitants,  except  as   provided   in
subsection (b).
    (h)  An  annuitant  may  elect to terminate coverage in a
plan at the end of any month, which election shall  terminate
the  annuitant's  obligation  to contribute toward payment of
the excess described in subsection (g).
    (i)  The city shall advise  the  board  of  all  proposed
premium  increases  for health care at least 75 days prior to
the effective date of the change, and any increase  shall  be
prospective only.
(Source: P.A. 90-32, eff. 6-27-97.)

    (40 ILCS 5/11-164) (from Ch. 108 1/2, par. 11-164)
    Sec.  11-164.  Refunds - Withdrawal before age 55 or with
less than 10 years of service.
    (1)  An employee, without regard to  length  of  service,
who  withdraws before age 55, and any employee with less than
10 years of service who withdraws before  age  60,  shall  be
entitled  to  a  refund  of  the total sum accumulated to his
credit as of date of withdrawal for age and  service  annuity
and widow's annuity from amounts contributed by him or by the
City   in   lieu   of   employee  contributions  during  duty
disability; provided that such  amounts  contributed  by  the
city  after December 31, 1983 while the employee is receiving
duty disability benefits and amounts credited to the employee
for annuity purposes by the  fund  after  December  31,  2000
while  the employee is receiving ordinary disability benefits
shall not be credited for refund purposes.
    The board may  in  its  discretion  withhold  payment  of
refund  for  a period not to exceed 6 months from the date of
withdrawal. Interest at the effective rate shall be  paid  on
any  such  refund withheld during such withheld period not to
exceed 6 months.
    (2)  Upon receipt of the refund, the employee  surrenders
and forfeits all rights to any annuity or other benefits, for
himself  and  for  any other persons who might have benefited
through him; provided that he may have such period of service
counted in computing the term of  his  service  for  age  and
service  annuity  purposes  only  if  he  becomes an employee
before age 65.
    (3)  An employee who does not receive a refund shall have
all amounts to his credit for annuity purposes on the date of
his withdrawal improved by interest only until he becomes age
65, while out of service, at  the  effective  rate,  for  his
benefit  and the benefit of any person who may have any right
to annuity through  him  if  he  re-enters  the  service  and
attains a right to annuity.
    (4)  Any  such employee shall retain such right to refund
of such amounts when  he  shall  apply  for  same,  until  he
re-enters the service or until the amount of annuity to which
he  shall  have  a right shall have been fixed as provided in
this Article. Thereafter, no such right shall  exist  in  the
case of any such employee.
(Source: P.A. 83-499.)

    (40 ILCS 5/11-167) (from Ch. 108 1/2, par. 11-167)
    Sec.  11-167.  Refunds in lieu of annuity.  In lieu of an
annuity, an employee who withdraws, and whose  annuity  would
amount  to  less  than  $800  a  month  for life may elect to
receive a refund of the total sum accumulated to  his  credit
from employee contributions for annuity purposes.
    The  widow of any employee, eligible for annuity upon the
death of her husband, whose annuity would amount to less than
$800 a month for life, may, in lieu  of  a  widow's  annuity,
elect  to  receive  a refund of the accumulated contributions
for annuity purposes, based on the amounts contributed by her
deceased  employee  husband,  but  reduced  by  any   amounts
theretofore  paid  to him in the form of an annuity or refund
out of such accumulated contributions.
    Accumulated  contributions   shall   mean   the   amounts
including   interest  credited  thereon  contributed  by  the
employee for age and service and widow's annuity to the  date
of  his  withdrawal  or  death,  whichever  first occurs, and
including the accumulations from any amounts contributed  for
him  as  salary  deductions  while  receiving duty disability
benefits; provided that such amounts contributed by the  city
after  December 31, 1983 while the employee is receiving duty
disability benefits and amounts credited to the employee  for
annuity  purposes  by  the fund after December 31, 2000 while
the employee is receiving ordinary disability benefits.
    The acceptance of such refund in lieu of widow's annuity,
on the part of a widow, shall not deprive a child or children
of the right to receive a child's annuity as provided  for in
Sections 11-153 and 11-154 of this Article, and neither shall
the payment of a child's annuity in the case of  such  refund
to  a  widow reduce the amount herein set forth as refundable
to such widow electing a refund in lieu of widow's annuity.
(Source: P.A. 90-655, eff. 7-30-98; 91-887, eff. 7-6-00.)

    (40 ILCS 5/13-301) (from Ch. 108 1/2, par. 13-301)
    Sec.  13-301.  Retirement  annuity;   eligibility.    Any
employee  who  withdraws  from  service and meets the age and
service  requirements  and  other  conditions  set  forth  in
subsections (a), (b),  (c)  or  (d)  hereof  is  entitled  to
receive a retirement annuity.
    (a)  Withdrawal  on  or after age 60.  Any employee, upon
withdrawal from service on or after attainment of age 60  and
having  at  least  5  years  of  service,  is  entitled  to a
retirement annuity.
    (b)  Withdrawal  on  or  after  attainment   of   minimum
retirement age qualifications and prior to age 60.
         (1)  Any  employee,  upon withdrawal from service on
    or after attainment of age 55 (age  50  if  the  employee
    first  entered service before June 13, the effective date
    of this amendatory Act of 1997) but prior to age  60  and
    having  at  least  10  years of service, is entitled to a
    retirement annuity as of the date of  withdrawal  or,  at
    the option of the employee, at any time thereafter.
         (2)  Any   employee   who   withdraws  on  or  after
    attainment of age  55  (age  50  if  the  employee  first
    entered  service  before  June  13, the effective date of
    this amendatory Act of 1997) and prior to age  60  having
    at  least  5  years  but less than 10 years of service is
    entitled to a retirement annuity upon attainment  of  age
    62, subject to the other requirements of this Article.
         (3)  Any  employee  who withdraws from service on or
    after attainment of age 50 but prior to  age  60  and  is
    eligible  for early retirement without discount under the
    Rule of 80 as  provided  in  subsection  (c)  of  Section
    13-302 is entitled to a retirement annuity at the time of
    withdrawal.
    (c)  Withdrawal  prior  to  minimum  retirement age.  Any
employee, upon withdrawal from service prior to age  55  (age
50  if the employee first entered service before June 13, the
effective date of this amendatory Act of 1997) and having  at
least  10  years  of  service,  shall  become  entitled  to a
retirement annuity upon attainment of age 55 (age 50  if  the
employee  first entered service before June 13, the effective
date of this amendatory Act of 1997) or, at the option of the
employee, at  any  time  thereafter,  subject  to  the  other
requirements of this Article.
    (d)  Withdrawal  while  disabled.  Any employee having at
least 5 years of service who has received ordinary disability
benefits on or after January 1, 1986 for the  maximum  period
of  time  hereinafter  prescribed,  and  who  continues to be
disabled and withdraws from service, shall be entitled  to  a
retirement  annuity.   The  age  and service conditions as to
eligibility for such  annuity  shall  be  waived  as  to  the
employee,  but  the  early  retirement discount under Section
13-302(b) shall apply.  If the employee is under  age  55  on
the  date  of  withdrawal,  the  retirement  annuity shall be
computed by assuming that the employee is  then  age  55  and
then  reduced to its actuarial equivalent at his attained age
on that date according to  applicable  mortality  tables  and
interest  rates.  The retirement annuity shall not be payable
for any period prior to the employee's attainment of  age  55
during  which  the  employee  is  able  to  return to gainful
employment.  Upon the employee's death while in receipt of  a
retirement  annuity,  a  surviving  spouse  or minor children
shall be entitled to receive a surviving spouse's annuity  or
child's   annuity   subject  to  the  conditions  hereinafter
prescribed in Sections 13-305 through 13-308.
(Source: P.A. 90-12, eff. 6-13-97.)

    (40 ILCS 5/13-302) (from Ch. 108 1/2, par. 13-302)
    Sec. 13-302.  Computation of retirement annuity.
    (a)  Computation of annuity.  An employee  who  withdraws
from service on or after July 1, 1989 and who has met the age
and service requirements and other conditions for eligibility
set  forth  in  Section 13-301 of this Article is entitled to
receive a retirement  annuity  for  life  equal  to  2.2%  of
average  final  salary  for  each  of  the  first 20 years of
service, and 2.4% of average final salary for  each  year  of
service  in  excess  of 20.  The retirement annuity shall not
exceed 80% of average final salary.
    (b)  Early retirement discount.  If an  employee  retires
prior  to  attainment  of  age  60 with less than 30 years of
service, the annuity computed above shall be reduced  by  1/2
of 1% for each full month between the date the annuity begins
and  attainment  of  age  60, or each full month by which the
employee's service is less than 30 years, whichever is less.
However, where the employee first enters service  after  June
13,  1997  and  does  not  have  at least 10 years of service
exclusive of credit under Article 20,  the  annuity  computed
above  shall  be  reduced  by  1/2  of 1% for each full month
between the date the annuity begins and attainment of age 60.
    (c)  Rule of 80 - Early retirement without discount.  For
an employee who retires on or after January 1, 2003 but on or
before  December  31, 2007, if the employee is eligible for a
retirement annuity under Section 13-301 and has at  least  10
years  of service exclusive of credit under Article 20 and if
at the date of withdrawal the employee's age  when  added  to
the  number  of years of his or her creditable service equals
at least 80, the early retirement discount in subsection  (b)
of  this Section does not apply. For purposes of this Rule of
80, portions of years shall be considered in whole months.
    An  employee  who  has  terminated  employment  with  the
employer under this Article prior to the  effective  date  of
this   amendatory  Act  of  the  92nd  General  Assembly  and
subsequently re-enters service must remain  in  service  with
the  employer  under  this Article for at least 2 years after
re-entry during the period beginning on January 1,  2003  and
ending   on  December  31,  2007  to  be  entitled  to  early
retirement without discount under this subsection (c).
    In the case of an employee who retires under the terms of
Article 20, eligibility for early retirement without discount
under this subsection (c) shall be based upon the  employee's
age  and  service  credit  at the time of withdrawal from the
final fund. (Blank).
    (c-1)  Early  retirement  without  discount;   retirement
after  June 29, 1997 and before January 1, 2003.  An employee
who (i) has attained age 55 (age 50  if  the  employee  first
entered  service  before June 13, 1997), (ii) has at least 10
years of service exclusive of credit under Article 20,  (iii)
retires  after  June 29, 1997 and before January 1, 2003, and
(iv) retires within 6  months  of  the  last  day  for  which
retirement contributions were required, may elect at the time
of  application  to  make a one-time employee contribution to
the Fund and thereby avoid  the  early  retirement  reduction
specified  in  subsection  (b).  The exercise of the election
shall  also  obligate  the  employer  to  make   a   one-time
nonrefundable contribution to the Fund.
    The one-time employee and employer contributions shall be
a  percentage  of  the  retiring employee's highest full-time
annual salary, calculated  as  the  total  amount  of  salary
included in the highest 26 consecutive pay periods as used in
the  average  final  salary  calculation,  and  based  on the
employee's age and service at retirement.  The employee  rate
shall  be  7%  multiplied  by  the  lesser of the following 2
numbers: (1) the number of years, or  portion  thereof,  that
the employee is less than age 60; or (2) the number of years,
or  portion thereof, that the employee's service is less than
30 years.  The employer contribution shall be at the rate  of
20%  for  each year, or portion thereof, that the participant
is less than age 60.
    Upon  receipt  of  the  application,  the   Board   shall
determine    the    corresponding   employee   and   employer
contributions.  The annuity shall not be payable  under  this
subsection  until  both  the required contributions have been
received by the Fund.  However, the  date  the  contributions
are  received  shall  not  be  considered  in determining the
effective date of retirement.
    The number of employees who may retire under this Section
in any year may be limited at the option of the District to a
specified percentage of those eligible, not lower  than  30%,
with  the  right  to  participate to be allocated among those
applying on the basis of seniority  in  the  service  of  the
employer.
    An   employee   who   has   terminated   employment   and
subsequently re-enters service shall not be entitled to early
retirement  without discount under this subsection unless the
employee continues in service for  at  least  4  years  after
re-entry.
    (d)  Annual  increase.  Except for employees retiring and
receiving a term annuity, an employee who retires on or after
July 1, 1985 but before July 12, 2001, the effective date  of
this  amendatory Act of the 92nd General Assembly shall, upon
the first payment date following the first anniversary of the
date of retirement, have the monthly annuity increased by  3%
of  the  amount  of  the monthly annuity fixed at the date of
retirement.  Except for employees retiring  and  receiving  a
term  annuity,  an  employee who retires on or after July 12,
2001 the effective date of this amendatory Act  of  the  92nd
General  Assembly  shall,  on  the  first day of the month in
which the first anniversary of the date of retirement occurs,
have the monthly annuity increased by 3% of the amount of the
monthly annuity fixed at the date of retirement.  The monthly
annuity shall be increased by an additional 3%  on  the  same
date  each  year  thereafter.  Beginning January 1, 1993, all
annual  increases  payable  under  this  subsection  (or  any
predecessor provision, regardless of the date of  retirement)
shall  be calculated at the rate of 3% of the monthly annuity
payable at the time of the increase, including any  increases
previously granted under this Article.
    Any  employee who (i) retired before July 1, 1985 with at
least 10 years of creditable service,  (ii)  is  receiving  a
retirement  annuity  under  this  Article,  other than a term
annuity, and (iii) has not received any annual increase under
this subsection, shall begin receiving the  annual  increases
provided  under  this  subsection  (d)  beginning on the next
annuity payment date following June  13,  effective  date  of
this amendatory Act of 1997.
    (e)  Minimum  retirement  annuity.   Beginning January 1,
1993, the minimum monthly retirement annuity  shall  be  $500
for  any  annuitant having at least 10 years of service under
this Article, other than a term annuitant or an annuitant who
began receiving the annuity before  attaining  age  60.   Any
such  annuitant  who  is  receiving a monthly annuity of less
than $500 shall have the annuity increased to  $500  on  that
date.
    Beginning January 1, 1993, the minimum monthly retirement
annuity shall be $250 for any annuitant (other than a term or
reciprocal  annuitant or an annuitant under subsection (d) of
Section 13-301) having less than 10 years  of  service  under
this  Article,  and  for  any  annuitant  (other  than a term
annuitant) having at least 10 years  of  service  under  this
Article  who began receiving the annuity before attaining age
60.  Any such annuitant who is receiving a monthly annuity of
less than $250 shall have the annuity increased  to  $250  on
that date.
    Beginning  on  the  first  day of the month following the
month in which  this  amendatory  Act  of  the  92nd  General
Assembly  takes  effect  (and  without  regard to whether the
annuitant was in service on or after  that  effective  date),
the  minimum  monthly  retirement  annuity  for any annuitant
having at least 10 years of service, other than an  annuitant
whose  annuity  is  subject  to an early retirement discount,
shall be $500 plus $25 for each year of service in excess  of
10, not to exceed $750 for an annuitant with 20 or more years
of  service.    In  the  case  of  a reciprocal annuity, this
minimum shall apply only if the annuitant  has  at  least  10
years  of  service  under this Article, and the amount of the
minimum annuity shall be  reduced  by  the  sum  of  all  the
reciprocal  annuities  payable  to  the  annuitant  by  other
participating systems under Article 20 of this Code.
    Notwithstanding  any  other provision of this subsection,
beginning on the first annuity payment  date  following  July
12,  2001  the  effective  date of this amendatory Act of the
92nd General Assembly, an employee who retired before  August
23, 1989 with at least 10 years of service under this Article
but  before  attaining  age  60  (regardless  of  whether the
retirement  annuity  was  subject  to  an  early   retirement
discount)  shall  be  entitled  to  the  same minimum monthly
retirement annuity under this subsection as an  employee  who
retired  with at least 10 years of service under this Article
and after attaining age 60.
(Source: P.A. 92-53, eff. 7-12-01.)

    (40 ILCS 5/13-304) (from Ch. 108 1/2, par. 13-304)
    Sec. 13-304.  Optional plan of  additional  benefits  and
contributions made through December 31, 2002.
    (a)  While  this  plan is in effect, an eligible employee
may  establish  additional  optional  credit  for  additional
benefits  by  electing  in  writing  at  any  time  to   make
additional   optional   contributions.    The   employee  may
discontinue making the additional optional  contributions  at
any time by notifying the Fund in writing.
    Employees  first entering service after June 30, 1997 are
not eligible to participate in  the  plan  established  under
this Section.
    (b)  Additional optional contributions for the additional
optional benefits shall be as follows:
         (1)  For  service  after  the  option is elected, an
    additional  contribution  of  3%  of  salary   shall   be
    contributed  to  the Fund on the same basis and under the
    same conditions as contributions required  under  Section
    13-502.
         (2)  For  service  before  the option is elected, an
    additional contribution of  3%  of  the  salary  for  the
    applicable period of service, plus interest at the annual
    rate  as  shall  from  time  to time be determined by the
    Board, compounded annually from the date  of  service  to
    the  date of payment.  All payments for past service must
    be paid in full before credit is given.  A person who has
    withdrawn   from   service   may   pay   the   additional
    contribution for past service at any time within 30  days
    after withdrawal from service, so long as payment is made
    in  full  before  the  retirement  annuity commences.  No
    additional optional contributions may  be  made  for  any
    period  of  service  for which credit has been previously
    forfeited by acceptance of a refund, unless the refund is
    repaid in full with interest at  the  rate  specified  in
    Section  13-603,  from  the date of refund to the date of
    repayment.  Nothing herein may be construed to  allow  an
    additional  optional  contribution  to  be  made  on  the
    account of a deceased employee.
    (c)  Additional  optional  benefit  shall  accrue for all
periods   of   eligible   service   for   which    additional
contributions are paid in full.  The additional benefit shall
consist  of an additional 1% of average final salary for each
year of service for which optional  contributions  have  been
paid,  to  be  added  to the employee's retirement annuity as
otherwise computed under this Article.   The  calculation  of
these  additional benefits shall be subject to the same terms
and  conditions  as  are  used  in  the  calculation  of  the
retirement  annuity  under  this  Article.   The   additional
benefit shall be included in the calculation of the automatic
annual  increase  in  annuity under Section 13-302(d), and in
the  calculation  of   surviving   spouse's   annuity   where
applicable.   However, no additional benefits will be granted
which produce a total annuity  greater  than  the  applicable
maximum established for that type of annuity in this Article.
The  total  additional  optional benefit that may be received
under this Section is 15% of average final salary.
    (d)  Refunds of additional optional  contributions  shall
be  made  on  the same basis and under the same conditions as
provided under Section 13-601.
    (e)  Optional contributions shall be accounted for  in  a
separate Optional Contribution Reserve.
    (f)  The  tax levy computed under Section 13-503 shall be
based on  employee  contributions  including  the  amount  of
optional additional employee contributions.
    (g)  Service eligible under this Section may include only
service  as  an  employee  as  defined in Section 13-204, and
subject to Section 13-401 and  13-402.   No  service  granted
under Section 13-801 or 13-802 shall be eligible for optional
service   credit.    No   optional   service  credit  may  be
established for any military  service,  or  for  any  service
under  any  other  Article  of  this  Code.  Optional service
credit may be established for any period of  disability  paid
from  this  Fund,  if  the employee makes additional optional
contributions for such period of disability.
    (h)  This plan of  optional  benefits  and  contributions
shall  not  apply  to service prior to withdrawal rendered by
any  former  employee  who  re-enters  service  unless   such
employee  renders  not  less  than  36  consecutive months of
additional service after the date of re-entry.
    (i)  The  effective  date  of  this  optional   plan   of
additional  benefits and contributions shall be the date upon
which  approval  was  received  from  the  Internal   Revenue
Service, July 31, 1987.
    (j)  This  plan  of additional benefits and contributions
shall expire December 31, 2002.  No additional  contributions
may  be made after that date, and no additional benefits will
accrue after that date.
    (k)  The maximum optional benefits for current and  prior
service  for  which  an  employee can make contributions in a
single year shall be limited to 15 years of service  in  1997
and before; 9 years of service in 1998; 6 years of service in
1999;  and  3  years  of service in 2000, 2001, and 2002.  No
person may establish additional optional benefits under  this
Section for more than 15 years of service.
(Source: P.A. 90-12, eff. 6-13-97.)

    (40 ILCS 5/13-304.1 new)
    Sec.  13-304.1.  Optional plan of additional benefits and
contributions made January 1, 2003 through December 31, 2007.
    (a)  While this  plan  is  in  effect,  an  employee  may
establish   optional   additional  credit  toward  additional
benefits  for  eligible  service  by  making  an  irrevocable
written  election  to  make   additional   contributions   as
authorized  in  this  Section.  An employee may begin to make
additional contributions  under  this  Section,  via  payroll
deduction,  no  earlier  than  the  first  pay  period of the
calendar year in which  the  employee  fulfills  the  10-year
service   requirement   described  in  subsection  (g).   The
additional contributions of 4% of salary shall be paid to the
Fund on the same basis  and  under  the  same  conditions  as
contributions required under Section 13-502.
    (b)  For service before an irrevocable option is elected,
but within the same calendar year, an additional contribution
may  be made of 4% of the salary for the applicable period of
service, plus interest from the date of service to  the  date
of contribution at a rate equal to the higher of 8% per annum
or  the  actuarial  investment  return assumption used in the
Fund's most recent annual actuarial statement.  All  payments
for  past  service  must  be paid within the calendar year in
which the service was earned; except that a  person  who  has
withdrawn  from  service  and  is  eligible  for a retirement
annuity  under  Section  13-301  may   pay   the   additional
contribution  for  past  service  within the calendar year of
withdrawal within the 30 days after withdrawal from  service,
as  long  as  payment  is  made in full before the retirement
annuity commences and before December 31, 2007.   Nothing  in
this Section may be construed to allow an additional optional
contribution  to  be  made  on  the  account  of  a  deceased
employee.
    (c)  The  maximum  additional benefit for current service
for which an  employee  may  make  contributions  under  this
Section in a single year is limited to one year of service in
each  of  2003,  2004,  2005,  2006,  and  2007.    The total
additional  benefit  that  may  be  accumulated  under   this
Section, including any additional benefit accumulated under a
prior  optional  benefit plan, is 12% of average final salary
at retirement.
    The additional benefit shall accrue for  all  periods  of
eligible service for which additional contributions have been
paid  in full in accordance with this Section, subject to the
applicable limitations on maximum annuity.
    The additional benefit shall consist of an additional  1%
of  average  final  salary for each year of service for which
optional contributions have been paid, to  be  added  to  the
employee's  retirement  annuity  as  otherwise computed under
this Article.  The calculation of these  additional  benefits
shall be subject to the same terms and conditions as are used
in  the  calculation  of  the  retirement  annuity under this
Article.  The additional benefit shall  be  included  in  the
calculation of the automatic annual increase in annuity under
Section   13-302(d)  and  in  the  calculation  of  surviving
spouse's annuity, where applicable.  However,  no  additional
benefit may be granted which produces a total annuity greater
than  the  applicable  maximum  established  for that type of
annuity in this Article.
    (d)  Refunds of additional optional contributions made in
accordance  with  the  provisions  and  limitations  of  this
Section shall be made on the same basis and  under  the  same
conditions  as are provided under Section 13-601.  Any refund
of contributions that exceed the  limits  specified  in  this
Section  shall  be  made  in accordance with established Fund
policy.
    (e)  The additional contributions shall be accounted  for
in a separate Optional Contribution Reserve.
    (f)  The  tax levy computed under Section 13-503 shall be
based on employee contributions and the  amount  of  optional
additional   employee  contributions,  as  provided  in  that
Section.
    (g)  The  service  eligible   for   optional   additional
contributions  under this Section is limited to service as an
employee  as  defined  in  Section  13-204,  and  subject  to
Sections 13-401 and 13-402, but  excluding  service  credited
under  subsections 13-401(a)4 and 13-401(d).  Service granted
under Section 13-801 or 13-802 is not eligible  for  optional
additional   contributions.    Eligible  service  is  further
limited to service rendered during or after the calendar year
in which the employee reaches 10 years of service as  defined
under  Section  13-402, exclusive of any credit under Article
20.
    Service eligible for  optional  additional  contributions
under  this  Section  includes  any period of disability paid
from this Fund that would have been eligible service  if  the
employee  were  in  active service rather than disabled.  The
additional contributions for a period of disability shall  be
calculated  as  4% of the salary that the employee would have
received if he or she had been in active service  during  the
applicable  period  of  disability,  plus  interest at a rate
equal to  the  higher  of  8%  per  annum  or  the  actuarial
investment  return  assumption used in the Fund's most recent
annual actuarial statement,  compounded  annually,  from  the
date of the service to the date of payment.  The contribution
must  be  paid  to  the Fund no later than 3 months after the
employee returns to service from disability, and in any event
prior to December 31, 2007.
    (h)  The minimum period for which an employee may make an
irrevocable election to make additional  contributions  shall
be  26  consecutive  pay  periods,  unless the employee first
accumulates the  maximum  optional  credit  as  described  in
subsection (c) of this Section.  The maximum period for which
an  employee  may  make  irrevocable elections for additional
contributions shall be from the date of election through  the
last   pay  period  eligible  for  contributions  under  this
Section.
    (i)  This plan of additional benefits  and  contributions
expires  on  December  31, 2007.  No additional contributions
may be made after that date, and no additional benefits  will
accrue after that date.

    (40 ILCS 5/13-502) (from Ch. 108 1/2, par. 13-502)
    Sec.  13-502.   Employee  contributions;  deductions from
salary.
    (a)  Retirement annuity and child's annuity.  There shall
be deducted from each payment of salary an  amount  equal  to
7 1/2%  of  salary  as  the  employee's  contribution for the
retirement annuity, including annual increases therefore  and
child's annuity.
    (b)  Surviving spouse's annuity.  There shall be deducted
from  each  payment  of  salary  an amount equal to 1 1/2% of
salary as  the  employee's  contribution  for  the  surviving
spouse's annuity and annual increases therefor.
    (c)  Pickup  of employee contributions.  The Employer may
pick up employee contributions required under subsections (a)
and (b) of this Section.  If contributions are picked up they
shall be treated as Employer contributions in determining tax
treatment under the United States Internal Revenue Code,  and
shall  not  be included as gross income of the employee until
such time as they are distributed.  The  Employer  shall  pay
these  employee  contributions  from the same source of funds
used in paying salary to the employee.  The Employer may pick
up these contributions by a reduction in the cash  salary  of
the employee or by an offset against a future salary increase
or  by  a  combination  of  a  reduction in salary and offset
against a future salary increase.  If employee  contributions
are  picked up they shall be treated for all purposes of this
Article 13, including Sections 13-503 and 13-601, in the same
manner and to the same extent as employee contributions  made
prior to the date picked up.
    (d)  Subject  to  the  requirements  of  federal law, the
Employer  shall  pick  up  optional  contributions  that  the
employee has  elected  to  pay  to  the  Fund  under  Section
13-304.1, and the contributions so picked up shall be treated
as  employer  contributions  for  the purposes of determining
federal tax  treatment.   The  Employer  shall  pick  up  the
contributions  by  a  reduction  in  the  cash  salary of the
employee and shall pay the contributions from the  same  fund
that  is  used to pay earnings to the employee.  The Employer
shall, however, continue to withhold federal and State income
taxes based upon contributions made  under  Section  13-304.1
until the Internal Revenue Service or the federal courts rule
that  pursuant to Section 414(h) of the U.S. Internal Revenue
Code of 1986, as amended, these contributions  shall  not  be
included  as  gross income of the employee until such time as
they are distributed or made available.
    (e)  Each employee is deemed to consent and agree to  the
deductions from compensation provided for in this Article.
(Source: P.A. 87-794.)

    (40 ILCS 5/13-503) (from Ch. 108 1/2, par. 13-503)
    Sec.  13-503.   Tax levy.  The Water Reclamation District
shall annually levy a tax upon all the taxable real  property
within  the  District  at  a  rate which, when extended, will
produce a sum that (i) when added  to  the  amounts  deducted
from   the   salaries   of   employees,  interest  income  on
investments, and other income, will be sufficient to meet the
requirements of the Fund on an actuarially funded basis,  but
(ii)  shall not exceed an amount equal to the total amount of
contributions by the  employees  to  the  Fund  made  in  the
calendar year 2  years prior to the year for which the tax is
levied,  multiplied  by  2.19,  except  that  the  amount  of
employee  contributions  made  on  or  after  January 1, 2003
towards the purchase of additional  optional  benefits  under
Section  13-304.1  shall only be multiplied by 1.00.  The tax
shall be levied and collected  in  the  same  manner  as  the
general taxes of the District.
    The  tax  shall  be  exclusive  of and in addition to the
amount of tax  the  District  is  now  or  may  hereafter  be
authorized   to   levy   for   general   purposes  under  the
Metropolitan Water Reclamation  District  Act  or  under  any
other  laws  which  may  limit  the amount of tax for general
purposes.  The county clerk of any county,  in  reducing  tax
levies  as  may  be authorized by law, shall not consider any
such tax as a part of  the  general  tax  levy  for  District
purposes, and shall not include the same in any limitation of
the  percent  of  the assessed valuation upon which taxes are
required to be extended.
    Revenues derived from the tax shall be paid to  the  Fund
for the benefit of the Fund.
    If  the  funds available for the purposes of this Article
are insufficient during any year to meet the requirements  of
this   Article,  the  District  may  issue  tax  anticipation
warrants or notes, as provided by law,  against  the  current
tax levy.
    The   Board   shall  submit  annually  to  the  Board  of
Commissioners of the  District  an  estimate  of  the  amount
required  to  be  raised  by taxation for the purposes of the
Fund.  The Board of Commissioners shall review  the  estimate
and determine the tax to be levied for such purposes.
(Source: P.A. 87-794.)

    (40 ILCS 5/14-105.7)
    Sec. 14-105.7. Transfer to Article 9 fund.
    (a)  Until  July  1,  2003  1998,  any active or inactive
member of the System who has established  creditable  service
under   paragraph   (i)   of   Section  14-104  (relating  to
contractual service to the General Assembly) and is an active
or former contributor to the pension fund  established  under
Article 9 of this Code may apply to the Board for transfer of
all  of  his or her creditable service accumulated under this
System to the Article 9 fund.  The creditable  service  shall
be  transferred  forthwith.   Payment  by  this System to the
Article 9 fund shall be made  at  the  same  time  and  shall
consist of:
         (1)  the  amounts  accumulated  to the credit of the
    applicant for that service, including  regular  interest,
    on the books of the System on the date of transfer; plus
         (2)  employer  contributions  in  an amount equal to
    the amount determined under item (1).
Participation in this System as to  the  credits  transferred
under this Section terminates on the date of transfer.
    (b)  Any  person  transferring  credit under this Section
may reinstate credits and creditable service terminated  upon
receipt  of a refund, by paying to the System, before July 1,
2003 1998, the amount of the  refund  plus  regular  interest
from the date of refund to the date of payment.
    (c)  The  changes  to  this  Section and Section 9-121.15
made by this amendatory Act  of  the  92nd  General  Assembly
apply  without  regard  to  whether  the  person is in active
service, under this System or the Article 9 Fund, on or after
the effective date of this amendatory Act.
(Source: P.A. 90-511, eff. 8-22-97.)

    (40 ILCS 5/15-112) (from Ch. 108 1/2, par. 15-112)
    Sec. 15-112.  Final rate of  earnings.   "Final  rate  of
earnings":  For an employee who is paid on an hourly basis or
who  receives  an  annual  salary  in  installments during 12
months of each academic year,  the  average  annual  earnings
during  the  48 consecutive calendar month period ending with
the last day of final termination  of  employment  or  the  4
consecutive academic years of service in which the employee's
earnings  were  the  highest,  whichever is greater.  For any
other employee, the average  annual  earnings  during  the  4
consecutive  academic  years  of  service in which his or her
earnings were the highest.  For an employee with less than 48
months or  4  consecutive  academic  years  of  service,  the
average earnings during his or her entire period of service.
The  earnings  of  an  employee  with  more than 36 months of
service prior to the date of becoming a participant are,  for
such  period, considered equal to the average earnings during
the last 36 months of such service.  For an employee on leave
of absence with pay, or on leave of absence without  pay  who
makes  contributions  during such leave, earnings are assumed
to be equal to the basic compensation on the date  the  leave
began.   For  an  employee  on disability leave, earnings are
assumed to be equal to the basic  compensation  on  the  date
disability  occurs  or  the  average  earnings  during the 24
months immediately preceding the month  in  which  disability
occurs, whichever is greater.
    For  a  participant who retires on or after the effective
date of this amendatory Act of 1997 with at least 20 years of
service  as  a  firefighter  or  police  officer  under  this
Article, the final rate of earnings shall be the annual  rate
of  earnings  received  by the participant on his or her last
day as a firefighter or police officer under this Article, if
that is greater than the final rate of earnings as calculated
under the other provisions of this Section.
    If a participant is an employee for  at  least  6  months
during  the  academic  year in which his or her employment is
terminated, the annual final rate of earnings shall be 25% of
the sum of (1) the annual basic compensation for  that  year,
and  (2)  the  amount earned during the 36 months immediately
preceding that year, if this is greater than the  final  rate
of  earnings as calculated under the other provisions of this
Section.
    In the determination of the final rate of earnings for an
employee,  that  part  of  an  employee's  earnings  for  any
academic year beginning after June 30,  1997,  which  exceeds
the  employee's earnings with that employer for the preceding
year by more than 20 percent shall be excluded; in the  event
that  an  employee has more than one employer this limitation
shall be calculated separately for  the  earnings  with  each
employer.    In  making  such  calculation,  only  the  basic
compensation of employees shall be considered, without regard
to  vacation  or  overtime  or  to   contracts   for   summer
employment.
    The   following   are   not  considered  as  earnings  in
determining final rate of earnings: severance  or  separation
pay, retirement pay, payment for in lieu of unused sick leave
and  payments  from  an  employer  for  the  period  used  in
determining final rate of earnings for any purpose other than
services  rendered,  leave  of  absence  or  vacation granted
during that period, and  vacation  of  up  to  56  work  days
allowed  upon  termination of employment; except that, if the
benefit has been collectively bargained between the  employer
and  the  recognized  collective bargaining agent pursuant to
the  Illinois  Educational  Labor  Relations   Act,   payment
received during a period of up to 2 academic years for unused
sick  leave  may be considered as earnings in accordance with
the applicable collective bargaining  agreement,  subject  to
the 20% increase limitation of this Section.  Any unused sick
leave  considered as earnings under this Section shall not be
taken  into  account  in  calculating  service  credit  under
Section 15-113.4.
    Intermittent periods of service shall  be  considered  as
consecutive in determining final rate of earnings.
(Source:  P.A.  90-65,  eff.  7-7-97;  90-511,  eff. 8-22-97;
91-887, eff. 7-6-00.)

    (40 ILCS 5/17-106) (from Ch. 108 1/2, par. 17-106)
    Sec.    17-106.  Contributor,    member    or    teacher.
"Contributor", "member" or "teacher":   All  members  of  the
teaching  force  of the city, including principals, assistant
principals, the general  superintendent  of  schools,  deputy
superintendents  of  schools,  associate  superintendents  of
schools,  assistant  and district superintendents of schools,
members of the Board of Examiners, all  other  persons  whose
employment  requires  a teaching certificate issued under the
laws   governing   the   certification   of   teachers,   any
educational, administrative,  professional,  or  other  staff
employed in a charter school operating in compliance with the
Charter  Schools Law who is certified under the law governing
the certification of teachers, and employees  of  the  Board,
but  excluding persons contributing concurrently to any other
public employee pension  system  in  Illinois  for  the  same
employment  or  receiving  retirement  pensions under another
Article of  this  Code  for  that  same  employment,  persons
employed  on  an hourly basis, and persons receiving pensions
from the Fund who are employed temporarily by an Employer for
150 days or less in any school year  and  not  on  an  annual
basis.
    In the case of a person who has been making contributions
and  otherwise  participating  in  this  Fund  prior  to  the
effective  date  of  this  amendatory Act of the 91st General
Assembly, and whose right  to  participate  in  the  Fund  is
established  or  confirmed by this amendatory Act, such prior
participation  in  the  Fund,  including  all   contributions
previously  made and service credits previously earned by the
person, are hereby validated.
    The changes made to this Section and  Section  17-149  by
this  amendatory  Act  of  the  92nd  General  Assembly apply
without regard to whether the person was  in  service  on  or
after   the   effective   date   of   this   amendatory  Act,
notwithstanding Sections 1-103.1 and 17-157.
(Source: P.A. 91-887, eff. 7-6-00; 92-416, eff. 8-17-01.)

    (40 ILCS 5/17-119.1)
    Sec. 17-119.1.  Optional increase in retirement annuity.
    (a)  A member of the Fund may qualify for  the  augmented
rate under subdivision (b)(3) of Section 17-116 for all years
of  creditable  service  earned before July 1, 1998 by making
the optional contribution specified in subsection (b); except
that a member who retires on or after July 1,  1998  with  at
least  30 years of creditable service at retirement qualifies
for the augmented rate without making any contribution  under
subsection  (b).   Any member who retires on or after July 1,
1998 and before the effective date of this amendatory Act  of
the   92nd  General  Assembly  with  at  least  30  years  of
creditable service shall be paid a  lump  sum  equal  to  the
amount he or she would have received under the augmented rate
minus  the  amount he or she actually received.  A member may
not elect to qualify  for  the  augmented  rate  for  only  a
portion  of  his or her creditable service earned before July
1, 1998.
    (b)  The contribution shall be an amount equal to 1.0% of
the member's highest salary rate in the 4 consecutive  school
years  immediately prior to but not including the school year
in which the application occurs, multiplied by the number  of
years  of creditable service earned by the member before July
1, 1998 or 20, whichever is less.  This contribution shall be
reduced by 1.0% of that salary rate for every 3 full years of
creditable service earned by the member after June 30,  1998.
The  contribution shall be further reduced at the rate of 25%
of the contribution (as reduced for service  after  June  30,
1998)  for each year of the member's total creditable service
in excess of 34 years.  The contribution  shall  not  in  any
event exceed 20% of that salary rate.
    The  member  shall  pay  to  the  Fund  the amount of the
contribution as calculated at the time of  application  under
this  Section.   The  amount  of  the contribution determined
under this subsection shall be recalculated at  the  time  of
retirement,  and  if the Fund determines that the amount paid
by the member exceeds the recalculated amount, the Fund shall
refund the difference to the  member  with  regular  interest
from the date of payment to the date of refund.
    The  contribution  required  by  this subsection shall be
paid in one of the following ways or in a combination of  the
following ways that does not extend over more than 5 years:
         (i)  in  a  lump  sum  on  or  before  the  date  of
    retirement;
         (ii)  in  substantially  equal  installments  over a
    period of time not to exceed 5 years, as a deduction from
    salary in accordance with Section 17-130.2;
         (iii)  if the member  becomes  an  annuitant  before
    June   30,   2003,   in   substantially   equal   monthly
    installments  over a 24-month period, by a deduction from
    the annuitant's monthly benefit.
    (c)  If the member fails to make  the  full  contribution
under  this  Section  in  a timely fashion, the payments made
under this Section shall be refunded to the  member,  without
interest.   If  the member (including a member who has become
an annuitant) dies before making the full  contribution,  the
payments  made  under  this  Section shall be refunded to the
member's designated beneficiary if there is no survivor's  or
children's pension benefit payable.  If there is a survivor's
or  children's  benefit payable, then all payments made under
this Section shall be retained  by  the  Fund  and  all  such
survivor's or children's benefits payable shall be calculated
as if all contributions required under this Section have been
paid in full.
    (d)  For  purposes  of this Section and subsection (b) of
Section 17-116, optional creditable service established by  a
member shall be deemed to have been earned at the time of the
employment  or  other qualifying event upon which the service
is based, rather than at the time the credit was  established
in this Fund.
    (e)  The  contributions  required  under this Section are
the responsibility of  the  teacher  and  not  the  teacher's
employer.   However,  an  employer of teachers may 3ay, after
the  effective  date  of  this  amendatory   Act   of   1998,
specifically   agree,   through   collective   bargaining  or
otherwise, to make the contributions required by this Section
on behalf of those teachers.
(Source: P.A.  91-17,  eff.  6-4-99;  92-416,  eff.  8-17-01;
revised 10-4-01.)
    (40 ILCS 5/17-121) (from Ch. 108 1/2, par. 17-121)
    Sec.   17-121.   Survivor's  and  Children's  pensions  -
Eligibility.
    (a)  A surviving spouse of a teacher shall be entitled to
a survivor's pension only if  the  surviving  spouse  he  was
married  to  the  teacher  contributor  for at least one year
1 1/2 years immediately prior to the teacher's his  death  or
retirement,  whichever  first occurs, and also on the date of
the last termination of his service.
    The  changes  made  to  this  subsection  (a)   by   this
amendatory Act of the 92nd General Assembly apply (i) only to
the  surviving  spouse  of  a person who dies on or after the
effective date of this amendatory Act, and only if the amount
of any refund of  contributions  for  survivor's  pension  is
repaid  with  interest in accordance with subsection (f), and
(ii) notwithstanding Section 17-157  and  without  regard  to
whether  the  deceased  person was in service on or after the
effective date of this amendatory Act.
    (b)  If the surviving spouse is under age  50  and  there
are  no eligible minor children born to or legally adopted by
the contributor and his or her surviving spouse,  payment  of
the  survivor's pension shall begin when the surviving spouse
attains age 50.
    (c)  Beginning January  1,  2003,  the  remarriage  of  a
surviving  spouse  at  any  age does not terminate his or her
survivor's pension.
    A  surviving  spouse   whose   survivor's   pension   (or
expectation  of  a  survivor's pension upon attainment of age
50) was terminated before January 1, 2003 due  to  remarriage
and  who applies for reinstatement of that pension and repays
the amount of any  refund  of  contributions  for  survivor's
pension with interest in accordance with subsection (f) shall
be entitled to have the survivor's pension (or expectation of
a  survivor's  pension upon attainment of age 50) reinstated.
The reinstated pension shall begin to accrue on the first day
of the month following the month in which the application and
repayment, if any, are received by the Fund, but in no  event
sooner  than  January 1, 2003 and, if subsection (b) applies,
no sooner than upon attainment of  age  50.   The  reinstated
pension shall include any one-time or annual increases in the
survivor's pension received prior to the date of termination,
but  not any increases that would otherwise have accrued from
the date of termination to the date of reinstatement.
    This  subsection  (c)  applies  notwithstanding   Section
17-157 and without regard to whether the deceased teacher was
in  service on or after the effective date of this amendatory
Act of the 92nd General Assembly.
    (d)  Except as provided in subsection (c), remarriage  of
the  surviving  spouse  prior  to  September 1, 1983 while in
receipt of a survivor's pension shall  permanently  terminate
payment  thereof,  regardless  of  any  subsequent  change in
marital  status;  however,  beginning  September   1,   1983,
remarriage  of  a surviving spouse after attainment of age 55
shall not terminate the survivor's pension.
    A surviving spouse whose pension  was  terminated  on  or
after September 1, 1983 due to remarriage after attainment of
age  55,  and  who  applies for reinstatement of that pension
before January 1, 1990, shall be entitled to have the pension
reinstated effective January 1, 1990.
    (e)  A surviving spouse of a member  or  annuitant  under
this  Fund  who  is  also  a  dependent beneficiary under the
provisions of Section 16-140 is  eligible  for  a  reciprocal
survivor's  pension,  provided  that any refund of survivor's
pension contributions is repaid to the Fund  and  application
is  made  within  30  days  after  the effective date of this
amendatory Act of the 92nd General Assembly.
    (f)  If a refund of contributions for survivor's  pension
has  been paid, a person choosing to establish or reestablish
the right to receive a survivor's  pension  pursuant  to  the
changes  made  to  this Section by this amendatory Act of the
92nd General Assembly must first repay to the Fund the amount
of  the  refund  of  contributions  for  survivor's  pension,
together with interest thereon at the rate of  5%  per  year,
compounded  annually, from the date of the refund to the date
of repayment.
(Source: P.A. 92-416, eff. 8-17-01.)

    (40 ILCS 5/17-134) (from Ch. 108 1/2, par. 17-134)
    Sec.  17-134.   Contributions  for  leaves  of   absence;
military  service;  computing  service.  In computing service
for pension purposes the following periods of  service  shall
stand  in  lieu of a like number of years of teaching service
upon payment therefor in the manner hereinafter provided: (a)
time spent on a leave sabbatical leaves of absence granted by
the employer, sick leaves or maternity or  paternity  leaves;
(b)  service  with  teacher or labor organizations based upon
special leaves of absence therefor granted  by  an  Employer;
(c) a maximum of 5 years spent in the military service of the
United  States,  of  which up to 2 years may have been served
outside  the  pension  period;  (d)  unused  sick   days   at
termination  of  service  to  a maximum of 244 days; (e) time
lost due to layoff and curtailment of the  school  term  from
June  6  through June 21, 1976; and (f) time spent after June
30, 1982 as a member of the Board of Education,  if  required
to  resign  from  an  administrative or teaching  position in
order to qualify as a member of the Board of Education.
         (1)  For time spent on or after September 6, 1948 on
    sabbatical leaves of absence or sick  leaves,  for  which
    salaries   are  paid,  an  Employer  shall  make  payroll
    deductions at the applicable rates in effect during  such
    periods.
         (2)  For time spent on a leave of absence granted by
    the  employer  sabbatical or sick leaves commencing on or
    after September 1, 1961, and for time spent on  maternity
    or  paternity  leaves,  for  which  no salaries are paid,
    teachers desiring credit therefor shall pay the  required
    contributions  at the rates in effect during such periods
    as though they were in teaching service.  If an  Employer
    pays  salary for vacations which occur during a teacher's
    sick  leave  or  maternity  or  paternity  leave  without
    salary, vacation pay for which  the  teacher  would  have
    qualified  while  in  active  service shall be considered
    part of the teacher's total salary for pension  purposes.
    No  more  than 36 12 months of sick leave or maternity or
    paternity leave credit may be allowed any  person  during
    the  entire  term  of  service.   Sabbatical leave credit
    shall be limited to the time the person on leave  without
    salary  under an Employer's rules is allowed to engage in
    an activity for which he receives salary or compensation.
         (3)  For time spent prior to September 6,  1948,  on
    sabbatical  leaves  of  absence  or sick leaves for which
    salaries were  paid,  teachers  desiring  service  credit
    therefor  shall  pay  the  required  contributions at the
    maximum applicable rates in effect during such periods.
         (4)  For service with teacher or labor organizations
    authorized by special leaves of  absence,  for  which  no
    payroll  deductions  are  made  by  an Employer, teachers
    desiring service credit therefor shall contribute to  the
    Fund  upon  the  basis of the actual salary received from
    such organizations at  the  percentage  rates  in  effect
    during  such  periods  for  certified positions with such
    Employer.  To the extent the actual  salary  exceeds  the
    regular  salary,  which  shall  be  defined as the salary
    rate, as calculated by  the  Board,  in  effect  for  the
    teacher's   regular   position  in  teaching  service  on
    September 1, 1983 or on the effective date of  the  leave
    with   the   organization,   whichever   is   later,  the
    organization shall pay to the Fund the employer's  normal
    cost as set by the Board on the increment.
         (5)  For   time   spent  in  the  military  service,
    teachers entitled to and desiring credit  therefor  shall
    contribute  the  amount required for each year of service
    or fraction thereof at the rates in force (a) at the date
    oF appointment, or (b) on return to teaching service as a
    regularly certified teacher, as the case may be; provided
    such rates shall not  be  less  than  $450  per  year  of
    service.  These conditions shall apply unless an Employer
    elects  to  and  does  pay into the Fund the amount which
    would have been due from such person had he been employed
    as a teacher during such time.  In the case of credit for
    military service  not  during  the  pension  period,  the
    teacher must also pay to the Fund an amount determined by
    the  Board  to  be equal to the employer's normal cost of
    the benefits accrued from  such  service,  plus  interest
    thereon  at  5%  per  year, compounded annually, from the
    date of appointment to the date of payment.
         The changes to  this  Section  made  by  Public  Act
    87-795  shall  apply  not only to persons who on or after
    its effective date are in service  under  the  Fund,  but
    also  to  persons  whose  status  as a teacher terminated
    prior to that date, whether  or  not  the  person  is  an
    annuitant  on that date.  In the case of an annuitant who
    applies for credit allowable under  this  Section  for  a
    period  of  military  service  that  did  not immediately
    follow  employment,  and  who  has  made   the   required
    contributions  for  such  credit,  the  annuity  shall be
    recalculated to include the  additional  service  credit,
    with  the  increase  taking  effect  on the date the Fund
    received written notification of the  annuitant's  intent
    to  purchase  the  credit, if payment of all the required
    contributions is made within 60 days of such  notice,  or
    else on the first annuity payment date following the date
    of payment of the required contributions.  In calculating
    the  automatic  annual  increase  for an annuity that has
    been  recalculated  under  this  Section,  the   increase
    attributable  to  the  additional service allowable under
    this amendatory Act of 1991  shall  be  included  in  the
    calculation  of automatic annual increases accruing after
    the effective date of the recalculation.
         The total credit  for  military  service  shall  not
    exceed  5  years,  except that any teacher who on July 1,
    1963, had validated credit  for  more  than  5  years  of
    military service shall be entitled to the total amount of
    such credit.
         (6)  A  maximum  of 244 unused sick days credited to
    his account by an Employer on the date of termination  of
    employment.   Members,  upon  verification of unused sick
    days, may add  this  service  time  to  total  creditable
    service.
         (7)  In  all  cases  where  time  spent  on leave is
    creditable and no payroll deductions therefor are made by
    an Employer, persons desiring service credit  shall  make
    the required contributions directly to the Fund.
         (8)  For  time  lost  without  pay due to layoff and
    curtailment of the school term from June 6  through  June
    21,  1976, as provided in item (e) of the first paragraph
    of this Section, persons who  were  contributors  on  the
    days  immediately  preceding  such  layoff  shall receive
    credit upon paying to the Fund a  contribution  based  on
    the  rates  of compensation and employee contributions in
    effect at the time  of  such  layoff,  together  with  an
    additional  amount  equal  to  12.2%  of the compensation
    computed for such period of layoff, plus interest on  the
    entire amount at 5% per annum from January 1, 1978 to the
    date  of  payment.   If such contribution is paid, salary
    for pension purposes for any year in which such a  layoff
    occurred  shall  include  the compensation recognized for
    purposes of computing that contribution.
         (9)  For time  spent  after  June  30,  1982,  as  a
    nonsalaried member of the Board of Education, if required
    to  resign from an administrative or teaching position in
    order to qualify as a member of the Board  of  Education,
    an  administrator  or  teacher  desiring  credit therefor
    shall pay the required contributions  at  the  rates  and
    salaries  in  effect  during  such  periods as though the
    member were in service.
    Effective September 1, 1974,  the  interest  charged  for
validation of service described in paragraphs (2) through (5)
of  this Section shall be compounded annually at a rate of 5%
commencing one year after the termination  of  the  leave  or
return to service.
(Source: P.A. 90-32, eff. 6-27-97; 90-566, eff. 1-2-98.)

    (40 ILCS 5/17-149) (from Ch. 108 1/2, par. 17-149)
    Sec. 17-149.  Cancellation of pensions.
    (a)  If  any  person  receiving  a  service or disability
retirement pension from the Fund is re-employed as a  teacher
by  an  Employer,  the pension shall be cancelled on the date
the re-employment begins, or on the first day  of  a  payroll
period  for  which service credit was validated, whichever is
earlier.
    (b)  If any person receiving a service retirement pension
from the Fund is re-employed as a teacher on a  permanent  or
annual  basis  by an Employer, the pension shall be cancelled
on the date the re-employment begins, or on the first day  of
a  payroll  period  for  which  service credit was validated,
whichever is earlier.  However,  the  pension  shall  not  be
cancelled  in  the case of a service retirement pensioner who
is temporarily re-employed  on  a  temporary  and  non-annual
basis for not more than 150 days during any school year or on
an  hourly  basis.,  provided  the pensioner does not receive
salary in any school year of an amount more than that payable
to a substitute teacher for 150 days' employment.  A  service
retirement  pensioner  who is temporarily re-employed for not
more than 150 days during any school year  or  on  an  hourly
basis  shall be entitled, at the end of the school year, to a
refund of any contributions made  to  the  Fund  during  that
school year.
    If  the pensioner does receive salary from an Employer in
any school year for  more  than  150  days'  employment,  the
pensioner  shall be deemed to have returned to service on the
first day of  employment  as  a  pensioner-substitute.    The
pensioner  shall  reimburse  the  Fund  for  pension payments
received after the return to service and  shall  pay  to  the
Fund  the  participant's  contributions prescribed in Section
17-130 of this Article.
    (c)  If the date  of  re-employment  on  a  permanent  or
annual  basis occurs within 5 school months after the date of
previous retirement, exclusive of any  vacation  period,  the
member  shall  be  deemed  to  have  been out of service only
temporarily and not permanently retired.  Such  person  shall
be  entitled  to  pension payments for the time he could have
been employed as a teacher and received salary, but shall not
be entitled to pension for  or  during  the  summer  vacation
prior to his return to service.
    When  the  member  again  retires on pension, the time of
service and the money contributed by him during re-employment
shall be added to the time  and  money  previously  credited.
Such  person  must  acquire 3 consecutive years of additional
contributing service before he may retire again on a  pension
at  a  rate and under conditions other than those in force or
attained at the time of his previous retirement.
    (d)  Notwithstanding Sections  1-103.1  and  17-157,  the
changes  to  this  Section made by Public this amendatory Act
90-32  of  1997  shall  apply  without  regard   to   whether
termination  of service occurred before the effective date of
that this amendatory Act and  shall  apply  retroactively  to
August 23, 1989.
    Notwithstanding  Sections 1-103.1 and 17-157, the changes
to this Section and Section 17-106 made  by  this  amendatory
Act  of  the  92nd  General  Assembly apply without regard to
whether termination of service occurred before the  effective
date of this amendatory Act.
(Source: P.A. 92-416, eff. 8-17-01.)

    Section  90.  The State Mandates Act is amended by adding
Section 8.26 as follows:

    (30 ILCS 805/8.26 new)
    Sec. 8.26. Exempt mandate.   Notwithstanding  Sections  6
and  8 of this Act, no reimbursement by the State is required
for  the  implementation  of  any  mandate  created  by  this
amendatory Act of the 92nd General Assembly.

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly June 01, 2002.
    Approved June 28, 2002.
    Effective June 28, 2002.

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