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093_SB1704ham001
LRB093 02820 LRD 20148 a
1 AMENDMENT TO SENATE BILL 1704
2 AMENDMENT NO. . Amend Senate Bill 1704 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Illinois Pension Code is amended by
5 changing Sections 5-129.1, 5-132, 5-167.2, 5-167.4, 5-168,
6 6-111, 6-128, 6-128.2, 6-128.4, 6-142, 6-143, 6-151.1, 6-160,
7 6-164, 6-165, 6-210.1, 6-211, 6-222, 8-137, 8-150.1, 8-167,
8 8-172, 8-174, 8-174.1, 8-192, 11-134.1, 11-145.1, 11-163,
9 11-167, 11-170.1, 11-178, 11-181, 12-133, and 12-149 and
10 adding Sections 6-124.1, 6-141.2, 6-210.2, 6-210.3, 8-138.4,
11 8-138.5, 8-172.1, 11-133.3, 11-133.4, 12-133.6, and 12-133.7
12 as follows:
13 (40 ILCS 5/5-129.1)
14 Sec. 5-129.1. Withdrawal at mandatory retirement age -
15 amount of annuity.
16 (a) In lieu of any annuity provided in the other
17 provisions of this Article, a policeman who is required to
18 withdraw from service on or after January 1, 2000 due to
19 attainment of mandatory retirement age and has at least 10
20 but less than 20 years of service credit may elect to receive
21 an annuity equal to 30% of average salary for the first 10
22 years of service plus 2% of average salary for each completed
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1 year of service or fraction thereof in excess of 10, but not
2 to exceed a maximum of 48% of average salary.
3 (b) For the purpose of this Section, "average salary"
4 means the average of the highest 4 consecutive years of
5 salary within the last 10 years of service, or such shorter
6 period as may be used to calculate a minimum retirement
7 annuity under Section 5-132.
8 (c) For the purpose of qualifying for the annual
9 increases provided in Section 5-167.1, a policeman whose
10 retirement annuity is calculated under this Section shall be
11 deemed to qualify for a minimum annuity.
12 (d) A policeman with less than 20 years of service
13 credit who was required to withdraw from service on or after
14 January 1, 2000 but before June 28, 2002 due to attainment of
15 mandatory retirement age is also entitled to have his or her
16 retirement annuity calculated in accordance with this
17 Section. If payment of the annuity has already begun, the
18 annuity shall be recalculated. The resulting increase, if
19 any, shall accrue from the starting date of the annuity; the
20 amount of the increase relating to the period before the
21 annuity is recalculated shall be paid to the annuitant in a
22 lump sum, without interest.
23 (Source: P.A. 92-599, eff. 6-28-02.)
24 (40 ILCS 5/5-132) (from Ch. 108 1/2, par. 5-132)
25 Sec. 5-132. Minimum annuity. Any policeman who withdraws
26 on or after July 8, 1957, or any policeman transferred to the
27 police service of the city under the Exchange of Functions
28 Act of 1957 who withdraws on or after July 17, 1959, after
29 completing at least 20 years of service, for whom the annuity
30 otherwise provided in this Article is less than that stated
31 in this Section has a right to receive annuity as follows:
32 (a) If he is age 55 or more on withdrawal, his annuity
33 after such withdrawal, shall be equal to 2% of the average
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1 salary for 4 consecutive years of highest salaries within the
2 last 10 years of service before withdrawal, for each year of
3 service, together with 1/6 of 1% of such average salary for
4 each complete month of service of each fractional year, but
5 not in excess of 75% of the average annual salary.
6 (b) If he is age 50 or more but less than age 55 on
7 withdrawal, his annuity shall be equal to 2% of the average
8 salary for the 4 highest consecutive years of the last 10
9 years of service for each year of service, together with 1/16
10 of 1% of such average salary for each month of each
11 fractional year of service, reduced by 1/2 of 1% for each
12 month that he is less than age 55.
13 (c) If he is less than age 50 on withdrawal, he may,
14 upon attainment of age 50 or over, become entitled to the
15 annuity provided in this Section or, he may, upon application
16 before age 50, receive a refund of the deductions from
17 salary, plus interest at 1 1/2% per annum if he is entitled
18 to refund under Section 5-163.
19 (d) In lieu of the annuity provided in the foregoing
20 provisions of this Section 5-132 any policeman who withdraws
21 from the service after December 31, 1973, after having
22 attained age 53 in the service with 23 or more years of
23 service credit shall be entitled to an annuity computed as
24 follows if such annuity is greater than that provided in the
25 foregoing paragraphs of this Section 5-132: An annuity equal
26 to 50% of the average salary for the 4 highest consecutive
27 years of the last 10 years of service plus additional annuity
28 equal to 2% of such average salary for each completed year of
29 service or fraction thereof rendered after his attainment of
30 age 53 and the completion of 23 years of service.
31 Any policeman who has completed 23 years of service prior
32 to his attainment of age 53 in the service and continues in
33 the service until his attainment of age 53 shall have added
34 to his annuity, computed as provided in the immediately
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1 preceding paragraph, an additional annuity equal to 1% of
2 such average salary for each completed year of service or
3 fraction thereof in excess of 23 years up to age 53.
4 (e) In lieu of the annuity provided in the foregoing
5 provisions of this Section any policeman who withdraws from
6 the service either (i) after December 31, 1983 with at least
7 22 years of service credit and having attained age 52 in the
8 service, or (ii) after December 31, 1984 with at least 21
9 years of service credit and having attained age 51 in the
10 service, or (iii) after December 31, 1985 with at least 20
11 years of service credit and having attained age 50 in the
12 service, or (iv) after December 31, 1990, with at least 20
13 years of service credit regardless of age, shall be entitled
14 to an annuity to begin not earlier than upon attainment of
15 age 50 if under such age at withdrawal, computed as follows:
16 an annuity equal to 50% of the average salary for the 4
17 highest consecutive years of the last 10 years of service,
18 plus additional annuity equal to 2% of such average salary
19 for each completed year of service or fraction thereof
20 rendered after his completion of the minimum number of years
21 of service required for him to be eligible under this
22 subsection (e). In lieu of any annuity provided in the
23 foregoing provisions of this Section, any policeman who
24 withdraws from the service after December 31, 2003, with at
25 least 20 years of service credit regardless of age, shall be
26 entitled to an annuity to begin not earlier than upon
27 attainment of age 50, if under that age at withdrawal, equal
28 to 2.5% of the average salary for the 4 highest consecutive
29 years of the last 10 years of service for each completed year
30 of service or fraction thereof. However, the annuity provided
31 under this subsection (e) may not exceed 75% of such average
32 salary.
33 (f) A policeman withdrawing after September 1, 1969,
34 may, in addition, be entitled to the benefits provided by
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1 Section 5-167.1 of this Article if he so qualifies under that
2 Section.
3 If, on withdrawal, total service is less than 20 years,
4 the policeman shall not be entitled to an annuity under this
5 Section but may receive an annuity under the other provisions
6 of this Article or, if entitled thereto under Section 5--163,
7 a refund of the deductions from salary, including, in the
8 case of policemen transferred to the police service of the
9 city under the Exchange of Functions Act of 1957, the
10 additional contribution paid on salary received from August
11 1, 1957, to July 17, 1959, as provided in the Park
12 Policemen's Annuity Act, together with interest at 1 1/2% per
13 annum.
14 Moneys voluntarily contributed under the Policemen's
15 Annuity and Benefit Fund Act of the Illinois Municipal Code,
16 or the Park Policemen's Annuity Act, shall be refunded to the
17 contributing policemen who were in service on January 1,
18 1954, or in the case of policemen transferred to the police
19 service of the city under the Exchange of Functions Act of
20 1957, who were in service on July 17, 1959.
21 The age and service annuity formula in this Section shall
22 not apply to any policeman who, having retired before July 8,
23 1957, or before July 17, 1959, in the case of a policeman
24 transferred under the provisions of the Exchange of Functions
25 Act of 1957, re-enters the police service after such dates,
26 whichever are applicable.
27 (Source: P.A. 86-1488.)
28 (40 ILCS 5/5-167.2) (from Ch. 108 1/2, par. 5-167.2)
29 Sec. 5-167.2. Retirement before September 1, 1967. A
30 retired policeman, qualifying for minimum annuity or who
31 retired from service with 20 or more years of service, before
32 September 1, 1967, shall, in January of the year following
33 the year he attains the age of 65, or in January of the year
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1 1970, if then more than 65 years of age, have his then fixed
2 and payable monthly annuity increased by an amount equal to
3 2% of the original grant of annuity, for each year the
4 policeman was in receipt of annuity payments after the year
5 in which he attains, or did attain the age of 63. An
6 additional 2% increase in such then fixed and payable
7 original granted annuity shall accrue in each January
8 thereafter. Beginning January 1, 1986, the rate of such
9 increase shall be 3% instead of 2%.
10 The provisions of the preceding paragraph of this Section
11 apply only to a retired policeman eligible for such increases
12 in his annuity who contributes to the Fund a sum equal to $5
13 for each full year of credited service upon which his annuity
14 was computed. All such sums contributed shall be placed in a
15 Supplementary Payment Reserve and shall be used for the
16 purposes of such Fund account.
17 Beginning with the monthly annuity payment due in July,
18 1982, the fixed and granted monthly annuity payment for any
19 policeman who retired from the service, before September 1,
20 1976, at age 50 or over with 20 or more years of service and
21 entitled to an annuity on January 1, 1974, shall be not less
22 than $400. It is the intent of the General Assembly that the
23 change made in this Section by this amendatory Act of 1982
24 shall apply retroactively to July 1, 1982.
25 Beginning with the monthly annuity payment due on January
26 1, 1986, the fixed and granted monthly annuity payment for
27 any policeman who retired from the service before January 1,
28 1986, at age 50 or over with 20 or more years of service, or
29 any policeman who retired from service due to termination of
30 disability and who is entitled to an annuity on January 1,
31 1986, shall be not less than $475.
32 Beginning with the monthly annuity payment due on January
33 1, 1992, the fixed and granted monthly annuity payment for
34 any policeman who retired from the service before January 1,
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1 1992, at age 50 or over with 20 or more years of service, and
2 for any policeman who retired from service due to termination
3 of disability and who is entitled to an annuity on January 1,
4 1992, shall be not less than $650.
5 Beginning with the monthly annuity payment due on January
6 1, 1993, the fixed and granted monthly annuity payment for
7 any policeman who retired from the service before January 1,
8 1993, at age 50 or over with 20 or more years of service, and
9 for any policeman who retired from service due to termination
10 of disability and who is entitled to an annuity on January 1,
11 1993, shall be not less than $750.
12 Beginning with the monthly annuity payment due on January
13 1, 1994, the fixed and granted monthly annuity payment for
14 any policeman who retired from the service before January 1,
15 1994, at age 50 or over with 20 or more years of service, and
16 for any policeman who retired from service due to termination
17 of disability and who is entitled to an annuity on January 1,
18 1994, shall be not less than $850.
19 Beginning with the monthly annuity payment due on January
20 1, 2004, the fixed and granted monthly annuity payment for
21 any policeman who retired from the service before January 1,
22 2004, at age 50 or over with 20 or more years of service, and
23 for any policeman who retired from service due to termination
24 of disability and who is entitled to an annuity on January 1,
25 2004, shall be not less than $950.
26 Beginning with the monthly annuity payment due on January
27 1, 2005, the fixed and granted monthly annuity payment for
28 any policeman who retired from the service before January 1,
29 2005, at age 50 or over with 20 or more years of service, and
30 for any policeman who retired from service due to termination
31 of disability and who is entitled to an annuity on January 1,
32 2005, shall be not less than $1,050.
33 The difference in amount between the original fixed and
34 granted monthly annuity of any such policeman on the date of
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1 his retirement from the service and the monthly annuity
2 provided for in the immediately preceding paragraph shall be
3 paid as a supplement in the manner set forth in the
4 immediately following paragraph.
5 To defray the annual cost of the increases indicated in
6 the preceding part of this Section, the annual interest
7 income accruing from investments held by this Fund, exclusive
8 of gains or losses on sales or exchanges of assets during the
9 year, over and above 4% a year shall be used to the extent
10 necessary and available to finance the cost of such increases
11 for the following year and such amount shall be transferred
12 as of the end of each year beginning with the year 1969 to a
13 Fund account designated as the Supplementary Payment Reserve
14 from the Interest and Investment Reserve set forth in Section
15 5-207.
16 In the event the funds in the Supplementary Payment
17 Reserve in any year arising from: (1) the interest income
18 accruing in the preceding year above 4% a year and (2) the
19 contributions by retired persons are insufficient to make the
20 total payments to all persons entitled to the annuity
21 specified in this Section and (3) any interest earnings over
22 4% a year beginning with the year 1969 which were not
23 previously used to finance such increases and which were
24 transferred to the Prior Service Annuity Reserve, may be used
25 to the extent necessary and available to provide sufficient
26 funds to finance such increases for the current year and such
27 sums shall be transferred from the Prior Service Annuity
28 Reserve. In the event the total money available in the
29 Supplementary Payment Reserve from such sources are
30 insufficient to make the total payments to all persons
31 entitled to such increases for the year, a proportionate
32 amount computed as the ratio of the money available to the
33 total of the total payments specified for that year shall be
34 paid to each person for that year.
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1 The Fund shall be obligated for the payment of the
2 increases in annuity as provided for in this Section only to
3 the extent that the assets for such purpose are available.
4 (Source: P.A. 91-357, eff. 7-29-99.)
5 (40 ILCS 5/5-167.4) (from Ch. 108 1/2, par. 5-167.4)
6 Sec. 5-167.4. Widow annuitant minimum annuity.
7 (a) Notwithstanding any other provision of this Article,
8 beginning January 1, 1996, the minimum amount of widow's
9 annuity payable to any person who is entitled to receive a
10 widow's annuity under this Article is $700 per month, without
11 regard to whether the deceased policeman is in service on or
12 after the effective date of this amendatory Act of 1995.
13 Notwithstanding any other provision of this Article,
14 beginning January 1, 1999, the minimum amount of widow's
15 annuity payable to any person who is entitled to receive a
16 widow's annuity under this Article is $800 per month, without
17 regard to whether the deceased policeman is in service on or
18 after the effective date of this amendatory Act of 1998.
19 Notwithstanding any other provision of this Article,
20 beginning January 1, 2004, the minimum amount of widow's
21 annuity payable to any person who is entitled to receive a
22 widow's annuity under this Article is $900 per month, without
23 regard to whether the deceased policeman is in service on or
24 after the effective date of this amendatory Act of the 93rd
25 General Assembly.
26 Notwithstanding any other provision of this Article,
27 beginning January 1, 2005, the minimum amount of widow's
28 annuity payable to any person who is entitled to receive a
29 widow's annuity under this Article is $1,000 per month,
30 without regard to whether the deceased policeman is in
31 service on or after the effective date of this amendatory Act
32 of the 93rd General Assembly.
33 (b) Effective January 1, 1994, the minimum amount of
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1 widow's annuity shall be $700 per month for the following
2 classes of widows, without regard to whether the deceased
3 policeman is in service on or after the effective date of
4 this amendatory Act of 1993: (1) the widow of a policeman who
5 dies in service with at least 10 years of service credit, or
6 who dies in service after June 30, 1981; and (2) the widow of
7 a policeman who withdraws from service with 20 or more years
8 of service credit and does not withdraw a refund, provided
9 that the widow is married to the policeman before he
10 withdraws from service.
11 (c) The city, in addition to the contributions otherwise
12 made by it under the other provisions of this Article, shall
13 make such contributions as are necessary for the minimum
14 widow's annuities provided under this Section in the manner
15 prescribed in Section 5-175.
16 (Source: P.A. 89-12, eff. 4-20-95; 90-766, eff. 8-14-98.)
17 (40 ILCS 5/5-168) (from Ch. 108 1/2, par. 5-168)
18 Sec. 5-168. Financing.
19 (a) Except as expressly provided in this Section, the
20 city shall levy a tax annually upon all taxable property
21 therein for the purpose of providing revenue for the fund.
22 The tax shall be at a rate that will produce a sum which,
23 when added to the amounts deducted from the policemen's
24 salaries and the amounts deposited in accordance with
25 subsection (g), is sufficient for the purposes of the fund.
26 For the years 1968 and 1969, the city council shall levy
27 a tax annually at a rate on the dollar of the assessed
28 valuation of all taxable property that will produce, when
29 extended, not to exceed $9,700,000. Beginning with the year
30 1970 and each year thereafter the city council shall levy a
31 tax annually at a rate on the dollar of the assessed
32 valuation of all taxable property that will produce when
33 extended an amount not to exceed the total amount of
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1 contributions by the policemen to the Fund made in the
2 calendar year 2 years before the year for which the
3 applicable annual tax is levied, multiplied by 1.40 for the
4 tax levy year 1970; by 1.50 for the year 1971; by 1.65 for
5 1972; by 1.85 for 1973; by 1.90 for 1974; by 1.97 for 1975
6 through 1981; by 2.00 for 1982 and for each year thereafter.
7 (b) The tax shall be levied and collected in like manner
8 with the general taxes of the city, and is in addition to all
9 other taxes which the city is now or may hereafter be
10 authorized to levy upon all taxable property therein, and is
11 exclusive of and in addition to the amount of tax the city is
12 now or may hereafter be authorized to levy for general
13 purposes under any law which may limit the amount of tax
14 which the city may levy for general purposes. The county
15 clerk of the county in which the city is located, in reducing
16 tax levies under Section 8-3-1 of the Illinois Municipal
17 Code, shall not consider the tax herein authorized as a part
18 of the general tax levy for city purposes, and shall not
19 include the tax in any limitation of the percent of the
20 assessed valuation upon which taxes are required to be
21 extended for the city.
22 (c) On or before January 10 of each year, the board
23 shall notify the city council of the requirement that the tax
24 herein authorized be levied by the city council for that
25 current year. The board shall compute the amounts necessary
26 for the purposes of this fund to be credited to the reserves
27 established and maintained within the fund; shall make an
28 annual determination of the amount of the required city
29 contributions; and shall certify the results thereof to the
30 city council.
31 As soon as any revenue derived from the tax is collected
32 it shall be paid to the city treasurer of the city and shall
33 be held by him for the benefit of the fund in accordance with
34 this Article.
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1 (d) If the funds available are insufficient during any
2 year to meet the requirements of this Article, the city may
3 issue tax anticipation warrants against the tax levy for the
4 current fiscal year.
5 (e) The various sums, including interest, to be
6 contributed by the city, shall be taken from the revenue
7 derived from such tax or otherwise as expressly provided in
8 this Section. Any moneys of the city derived from any source
9 other than the tax herein authorized shall not be used for
10 any purpose of the fund nor the cost of administration
11 thereof, unless applied to make the deposit expressly
12 authorized in this Section or the additional city
13 contributions required under subsection (h).
14 (f) If it is not possible or practicable for the city to
15 make its contributions at the time that salary deductions are
16 made, the city shall make such contributions as soon as
17 possible thereafter, with interest thereon to the time it is
18 made.
19 (g) In lieu of levying all or a portion of the tax
20 required under this Section in any year, the city may deposit
21 with the city treasurer no later than March 1 of that year
22 for the benefit of the fund, to be held in accordance with
23 this Article, an amount that, together with the taxes levied
24 under this Section for that year, is not less than the amount
25 of the city contributions for that year as certified by the
26 board to the city council. The deposit may be derived from
27 any source legally available for that purpose, including, but
28 not limited to, the proceeds of city borrowings. The making
29 of a deposit shall satisfy fully the requirements of this
30 Section for that year to the extent of the amounts so
31 deposited. Amounts deposited under this subsection may be
32 used by the fund for any of the purposes for which the
33 proceeds of the tax levied under this Section may be used,
34 including the payment of any amount that is otherwise
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1 required by this Article to be paid from the proceeds of that
2 tax.
3 (h) In addition to the contributions required under the
4 other provisions of this Article, by November 1 of the
5 following specified years, the city shall deposit with the
6 city treasurer for the benefit of the fund, to be held and
7 used in accordance with this Article, the following specified
8 amounts: $6,300,000 in 1999; $5,880,000 in 2000; $5,460,000
9 in 2001; $5,040,000 in 2002; $4,620,000 in 2003; and
10 $4,200,000 in 2004; $3,780,000 in 2005; $3,360,000 in 2006;
11 $2,940,000 in 2007; $2,520,000 in 2008; $2,100,000 in 2009;
12 $1,680,000 in 2010; $1,260,000 in 2011; $840,000 in 2012; and
13 $420,000 in 2013.
14 The additional city contributions required under this
15 subsection are intended to decrease the unfunded liability of
16 the fund and shall not decrease the amount of the city
17 contributions required under the other provisions of this
18 Article. The additional city contributions made under this
19 subsection may be used by the fund for any of its lawful
20 purposes.
21 (Source: P.A. 89-12, eff. 4-20-95; 90-766, eff. 8-14-98.)
22 (40 ILCS 5/6-111) (from Ch. 108 1/2, par. 6-111)
23 Sec. 6-111. Salary. "Salary": Subject to Section 6-211,
24 the annual salary of a fireman, as follows:
25 (a) For age and service annuity, minimum annuity, and
26 disability benefits, the actual amount of the annual salary,
27 except as otherwise provided in this Article.;
28 (b) For prior service annuity, widow's annuity, widow's
29 prior service annuity and child's annuity to and including
30 August 31, 1957, the amount of the annual salary up to a
31 maximum of $3,000.;
32 (c) Except as otherwise provided in Section 6-141.1, for
33 widow's annuity, beginning September 1, 1957, the amount of
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1 annual salary up to a maximum of $6,000.
2 (d) "Salary" means the actual amount of the annual
3 salary attached to the permanent career service rank held by
4 the fireman, except as provided in subsection (e).
5 (e) In the case of a fireman who holds an exempt
6 position above career service rank:
7 (1) For the purpose of computing employee and city
8 contributions, "salary" means the actual salary attached
9 to the exempt rank position held by the fireman.
10 (2) For the purpose of computing benefits: "salary"
11 means the actual salary attached to the exempt rank
12 position held by the fireman, if (i) the contributions
13 specified in Section 6-211 have been made, (ii) the
14 fireman has held one or more exempt positions for at
15 least 5 consecutive years and has held the rank of
16 battalion chief or field officer for at least 5 years
17 during the exempt period, and (iii) the fireman was born
18 before 1955; otherwise, "salary" means the salary
19 attached to the permanent career service rank held by the
20 fireman, as provided in subsection (d).
21 (f) Beginning on the effective date of this amendatory
22 Act of the 93rd General Assembly, and for any prior periods
23 for which contributions have been paid under subsection (g)
24 of this Section, all salary payments made to any active or
25 former fireman who holds or previously held the permanent
26 assigned position or classified career service rank, grade,
27 or position of ambulance commander shall be included as
28 salary for all purposes under this Article.
29 (g) Any active or former fireman who held the permanent
30 assigned position or classified career service rank, grade,
31 or position of ambulance commander may elect to have the full
32 amount of the salary attached to that permanent assigned
33 position or classified career service rank, grade, or
34 position included in the calculation of his or her salary for
-15- LRB093 02820 LRD 20148 a
1 any period during which the fireman held the permanent
2 assigned position or classified career service rank, grade,
3 or position of ambulance commander by applying in writing and
4 making all employee and employer contributions, without
5 interest, related to the actual salary payments corresponding
6 to the permanent assigned position or classified career
7 service rank, grade, or position of ambulance commander for
8 all periods beginning on or after January 1, 1995. All
9 applicable contributions must be paid in full to the Fund
10 before January 1, 2006 before the payment of any benefit
11 under this subsection (g) will made made.
12 Any former fireman or widow of a fireman who (i) held the
13 permanent assigned position or classified career service
14 rank, grade, or position of ambulance commander, (ii) is in
15 receipt of annuity on the effective date of this amendatory
16 Act of the 93rd General Assembly, and (iii) pays to the Fund
17 contributions under this subsection (g) for salary payments
18 at the permanent assigned position or classified career
19 service rank, grade, or position of ambulance commander shall
20 have his or her annuity recalculated to reflect the ambulance
21 commander salary and the resulting increase shall become
22 payable on the next annuity payment date following the date
23 the contribution is received by the Fund.
24 In the case of an active or former fireman who (i) dies
25 before January 1, 2006 without making an election under this
26 subsection and (ii) was eligible to make an election under
27 this subsection at the time of death (or would have been
28 eligible had the death occurred after the effective date of
29 this amendatory Act), any surviving spouse, child, or parent
30 of the fireman who is eligible to receive a benefit under
31 this Article based on the fireman's salary may make that
32 election and pay the required contributions on behalf of the
33 deceased fireman. If the death occurs within the 30 days
34 immediately preceding January 1, 2006, the deadline for
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1 application and payment is extended to January 31, 2006.
2 Any portion of the compensation received for service as
3 an ambulance commander for which the corresponding
4 contributions have not been paid shall not be included in the
5 calculation of salary.
6 (h) Beginning January 1, 1999, with respect to a fireman
7 who is licensed by the State as an Emergency Medical
8 Technician, references in this Article to the fireman's
9 salary or the salary attached to or appropriated for the
10 permanent assigned position or classified career service
11 rank, grade, or position of the fireman shall be deemed to
12 include any additional compensation payable to the fireman by
13 virtue of being licensed as an Emergency Medical Technician,
14 as provided under a collective bargaining agreement with the
15 city.
16 (i) Beginning on the effective date of this amendatory
17 Act of the 93rd General Assembly (and for any period prior to
18 that date for which contributions have been paid under
19 subsection (j) of this Section), the salary of a fireman, as
20 calculated for any purpose under this Article, shall include
21 any duty availability pay received by the fireman (i)
22 pursuant to a collective bargaining agreement or (ii)
23 pursuant to an appropriation ordinance in an amount
24 equivalent to the amount of duty availability pay received by
25 other firemen pursuant to a collective bargaining agreement,
26 and references in this Article to the salary attached to or
27 appropriated for the permanent assigned position or
28 classified career service rank, grade, or position of the
29 fireman shall be deemed to include that duty availability
30 pay.
31 (j) An active or former fireman who received duty
32 availability pay at any time after December 31, 1994 and
33 before the effective date of this amendatory Act of the 93rd
34 General Assembly and who either (1) retired during that
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1 period or (2) had attained age 46 and at least 16 years of
2 service by the effective date of this amendatory Act may
3 elect to have that duty availability pay included in the
4 calculation of his or her salary for any portion of that
5 period for which the pay was received, by applying in writing
6 and paying to the Fund, before January 1, 2006, the
7 corresponding employee contribution, without interest.
8 In the case of an applicant who is receiving an annuity
9 at the time the application and contribution are received by
10 the Fund, the annuity shall be recalculated and the resulting
11 increase shall become payable on the next annuity payment
12 date following the date the contribution is received by the
13 Fund.
14 In the case of an active or former fireman who (i) dies
15 before January 1, 2006 without making an election under this
16 subsection and (ii) was eligible to make an election under
17 this subsection at the time of death (or would have been
18 eligible had the death occurred after the effective date of
19 this amendatory Act), any surviving spouse, child, or parent
20 of the fireman who is eligible to receive a benefit under
21 this Article based on the fireman's salary may make that
22 election and pay the required contribution on behalf of the
23 deceased fireman. If the death occurs within the 30 days
24 immediately preceding January 1, 2006, the deadline for
25 application and payment is extended to January 31, 2006.
26 Any duty availability pay for which the corresponding
27 employee contribution has not been paid shall not be included
28 in the calculation of salary.
29 (k) The changes to this Section made by this amendatory
30 Act of the 93rd General Assembly are not limited to firemen
31 in service on or after the effective date of this amendatory
32 Act.
33 (Source: P.A. 83-1362.)
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1 (40 ILCS 5/6-124.1 new)
2 Sec. 6-124.1. Withdrawal at compulsory retirement age -
3 amount of annuity.
4 (a) In lieu of any annuity provided in the other
5 provisions of this Article, a fireman who is required to
6 withdraw from service due to attainment of compulsory
7 retirement age and has at least 10 but less than 20 years of
8 service credit may elect to receive an annuity equal to 30%
9 of average salary for the first 10 years of service plus 2%
10 of average salary for each completed year of service or
11 remaining fraction thereof in excess of 10, but not to exceed
12 a maximum of 50% of average salary.
13 (b) For the purpose of this Section, "average salary"
14 means the average of the fireman's highest 4 consecutive
15 years of salary within the last 10 years of service.
16 (c) For the purpose of qualifying for the annual
17 increases provided in Section 6-164, a fireman whose
18 retirement annuity is calculated under this Section shall be
19 deemed to qualify for a minimum annuity.
20 (40 ILCS 5/6-128) (from Ch. 108 1/2, par. 6-128)
21 Sec. 6-128. (a) A future entrant who withdraws on or
22 after July 21, 1959, after completing at least 23 years of
23 service, and for whom the annuity otherwise provided in this
24 Article is less than that stated in this Section, has a right
25 to receive annuity as follows:
26 If he is age 53 or more on withdrawal, his annuity after
27 withdrawal, shall be equal to 50% of his average salary
28 determined by striking an average of 4 consecutive highest
29 years of salary within the last 10 years of service
30 immediately preceding the date of withdrawal.
31 An employee who reaches compulsory retirement age and who
32 has less than 23 years of service shall be entitled to a
33 minimum annuity equal to an amount determined by the product
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1 of (1) his years of service and (2) 2% of his average salary
2 for the 4 consecutive highest years of salary within the last
3 10 years of service immediately prior to his reaching
4 compulsory retirement age.
5 An employee who remains in service after qualifying for
6 annuity under this Section shall have added to this annuity
7 an additional 1% of average salary for each completed year of
8 service or fraction thereof rendered until July 21, 1959, and
9 an additional 1% for a total of 2% of average salary from
10 July 21, 1959. Each future entrant who has completed 23
11 years of service before reaching age 53 shall have added to
12 this annuity 1% of average salary for each completed year of
13 service or fraction thereof in excess of 23 years up to age
14 53. "Salary" as referred to in this paragraph shall be
15 determined by striking an average of the 4 consecutive
16 highest years of salary within the last 10 years of service
17 immediately preceding withdrawal.
18 (b) In lieu of the annuity provided in the foregoing
19 provisions of this Section any future entrant who withdraws
20 from the service either (i) after December 31, 1983 with at
21 least 22 years of service credit and having attained age 52
22 in the service, or (ii) after December 31, 1984 with at least
23 21 years of service credit and having attained age 51 in the
24 service, or (iii) after December 31, 1985 with at least 20
25 years of service credit and having attained age 50 in the
26 service, or (iv) after December 31, 1990 with at least 20
27 years of service regardless of age, may elect to receive an
28 annuity, to begin not earlier than upon attainment of age 50
29 if under that age at withdrawal, computed as follows: an
30 annuity equal to 50% of the average salary for the 4 highest
31 consecutive years of the last 10 years of service, plus
32 additional annuity equal to 2% of such average salary for
33 each completed year of service or fraction thereof rendered
34 after his completion of the minimum number of years of
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1 service required for him to be eligible under this subsection
2 (b). However, the annuity provided under this subsection (b)
3 may not exceed 75% of such average salary.
4 (c) In lieu of the annuity provided in any other
5 provision of this Section, a future entrant who withdraws
6 from service after the effective date of this amendatory Act
7 of the 93rd General Assembly with at least 20 years of
8 service may elect to receive an annuity, to begin no earlier
9 than upon attainment of age 50 if under that age at
10 withdrawal, equal to 50% of average salary plus 2.5% of
11 average salary for each completed year of service or fraction
12 thereof over 20, but not to exceed 75% of average salary.
13 (d) For the purpose of this Section, "average salary"
14 means the average of the highest 4 consecutive years of
15 salary within the last 10 years of service.
16 (Source: P.A. 86-1488.)
17 (40 ILCS 5/6-128.2) (from Ch. 108 1/2, par. 6-128.2)
18 Sec. 6-128.2. Minimum retirement annuities.
19 (a) Beginning with the monthly payment due in January,
20 1988, the monthly annuity payment for any person who is
21 entitled to receive a retirement annuity under this Article
22 in January, 1990 and has retired from service at age 50 or
23 over with 20 or more years of service, and for any person who
24 retires from service on or after January 24, 1990 at age 50
25 or over with 20 or more years of service, shall not be less
26 than $475 per month. The $475 minimum annuity is exclusive of
27 any automatic annual increases provided by Sections 6-164 and
28 6-164.1, but not exclusive of previous raises in the minimum
29 annuity as provided by any Section of this Article.
30 Beginning January 1, 1992, the minimum retirement annuity
31 payable to any person who has retired from service at age 50
32 or over with 20 or more years of service and is entitled to
33 receive a retirement annuity under this Article on that date,
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1 or who retires from service at age 50 or over with 20 or more
2 years of service after that date, shall be $650 per month.
3 Beginning January 1, 1993, the minimum retirement annuity
4 payable to any person who has retired from service at age 50
5 or over with 20 or more years of service and is entitled to
6 receive a retirement annuity under this Article on that date,
7 or who retires from service at age 50 or over with 20 or more
8 years of service after that date, shall be $750 per month.
9 Beginning January 1, 1994, the minimum retirement annuity
10 payable to any person who has retired from service at age 50
11 or over with 20 or more years of service and is entitled to
12 receive a retirement annuity under this Article on that date,
13 or who retires from service at age 50 or over with 20 or more
14 years of service after that date, shall be $850 per month.
15 Beginning January 1, 2004, the minimum retirement annuity
16 payable to any person who has retired from service at age 50
17 or over with 20 or more years of service and is entitled to
18 receive a retirement annuity under this Article on that date,
19 or who retires from service at age 50 or over with 20 or more
20 years of service after that date, shall be $950 per month.
21 Beginning January 1, 2005, the minimum retirement annuity
22 payable to any person who has retired from service at age 50
23 or over with 20 or more years of service and is entitled to
24 receive a retirement annuity under this Article on that date,
25 or who retires from service at age 50 or over with 20 or more
26 years of service after that date, shall be $1,050 per month.
27 The minimum annuities established by this subsection (a)
28 do include previous raises in the minimum annuity as provided
29 by any Section of this Article, but do not include any sums
30 which have been added or will be added to annuity payments by
31 the automatic annual increases provided by Sections 6-164 and
32 6-164.1. Such annual increases shall be paid in addition to
33 the minimum amounts specified in this subsection.
34 (b) Notwithstanding any other provision of this Article,
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1 beginning January 1, 1990, the minimum retirement annuity
2 payable to any person who is entitled to receive a retirement
3 annuity under this Article on that date shall be $475 per
4 month.
5 (c) The changes made to this Section by this amendatory
6 Act of the 93rd General Assemblyshall apply to all persons
7 receiving a retirement annuity under this Article, without
8 regard to whether the retirement of the fireman occurred
9 prior to the effective date of this amendatory Act of 1993.
10 (Source: P.A. 86-273; 86-1027; 86-1028; 86-1475; 87-849;
11 87-1265.)
12 (40 ILCS 5/6-128.4) (from Ch. 108 1/2, par. 6-128.4)
13 Sec. 6-128.4. Minimum widow's annuities.
14 (a) Notwithstanding any other provision of this Article,
15 beginning January 1, 1996, the minimum amount of widow's
16 annuity payable to any person who is entitled to receive a
17 widow's annuity under this Article is $700 per month, without
18 regard to whether the deceased fireman is in service on or
19 after the effective date of this amendatory Act of 1995.
20 (b) Notwithstanding Section 6-128.3, beginning January
21 1, 1994, the minimum widow's annuity under this Article shall
22 be $700 per month for (1) all persons receiving widow's
23 annuities on that date who are survivors of employees who
24 retired at age 50 or over with at least 20 years of service,
25 and (2) persons who become eligible for widow's annuities and
26 are survivors of employees who retired at age 50 or over with
27 at least 20 years of service.
28 (c) Notwithstanding Section 6-128.3, beginning January
29 1, 1999, the minimum widow's annuity under this Article shall
30 be $800 per month for (1) all persons receiving widow's
31 annuities on that date who are survivors of employees who
32 retired at age 50 or over with at least 20 years of service,
33 and (2) persons who become eligible for widow's annuities and
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1 are survivors of employees who retired at age 50 or over with
2 at least 20 years of service.
3 (d) Notwithstanding Section 6-128.3, beginning January
4 1, 2004, the minimum widow's annuity under this Article shall
5 be $900 per month for all persons receiving widow's annuities
6 on or after that date, without regard to whether the deceased
7 fireman is in service on or after the effective date of this
8 amendatory Act of the 93rd General Assembly.
9 (e) Notwithstanding Section 6-128.3, beginning January
10 1, 2005, the minimum widow's annuity under this Article shall
11 be $1,000 per month for all persons receiving widow's
12 annuities on or after that date, without regard to whether
13 the deceased fireman is in service on or after the effective
14 date of this amendatory Act of the 93rd General Assembly.
15 (Source: P.A. 89-136, eff. 7-14-95; 90-766, eff. 8-14-98.)
16 (40 ILCS 5/6-141.2 new)
17 Sec. 6-141.2. Minimum annuity for certain widows.
18 Notwithstanding the other provisions of this Article, the
19 widow's annuity payable to the widow of a fireman who dies on
20 or after July 1, 1997 while an active fireman with at least
21 10 years of creditable service shall be no less than 50% of
22 the retirement annuity that the deceased fireman would have
23 been eligible to receive if he had attained age 50 and 20
24 years of service on the day before his death and retired on
25 that day. In the case of a widow's annuity that is payable
26 on the effective date of this amendatory Act of the 93rd
27 General Assembly, the increase provided by this Section, if
28 any, shall begin to accrue on the first annuity payment date
29 following that effective date.
30 (40 ILCS 5/6-142) (from Ch. 108 1/2, par. 6-142)
31 Sec. 6-142. Wives and widows not entitled to annuities.
32 (A) Except as provided in subsection (B), the following
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1 wives or widows have no right to annuity from the fund:
2 (a) A wife or widow married subsequent to the effective
3 date of a fireman who dies in service if she was not married
4 to him before he attained age 63;
5 (b) A wife or widow of a fireman who withdraws, whether
6 or not he enters upon annuity, and dies while out of service,
7 if the marriage occurred after the effective date and she was
8 not his wife while he was in service and before he attained
9 age 63;
10 (c) A wife or widow of a fireman who (1) has served 10
11 or more years, (2) dies out of service after he has withdrawn
12 from service, and (3) has withdrawn or applied for refund of
13 the sums to his credit for annuity to which he had a right to
14 refund;
15 (d) A wife or widow of a fireman who dies out of service
16 after he has withdrawn before age 63, and who has not served
17 at least 10 years;
18 (e) A wife whose marriage was dissolved or widow of a
19 fireman whose judgment of dissolution of marriage from her
20 fireman husband is annulled, vacated or set aside by
21 proceedings in court subsequent to the death of the fireman,
22 unless (1) such proceedings are filed within 5 years after
23 the date of the dissolution of marriage and within one year
24 after the death of the fireman and (2) the board is made a
25 party to the proceedings;
26 (f) A wife or widow who married the fireman while he was
27 in receipt of disability benefit or disability pension from
28 this fund, unless he returned to the service subsequent to
29 the marriage and remained therein for a period or periods
30 aggregating one year, or died while in service.
31 (B) Beginning on the effective date of this amendatory
32 Act of the 93rd General Assembly, the limitation on marriage
33 after withdrawal under subdivision (A)(b) and the limitation
34 on marriage during disability under subdivision (A)(f) no
-25- LRB093 02820 LRD 20148 a
1 longer apply to a widow who was married to the deceased
2 fireman before the fireman begins to receive a retirement
3 annuity and for at least one year immediately preceding the
4 date of death, regardless of whether the deceased fireman is
5 in service on or after the effective date of this amendatory
6 Act of the 93rd General Assembly; except that this subsection
7 (B) does not apply to the widow of a fireman who received a
8 refund of contributions for widow's annuity under Section
9 6-160, unless the refund is repaid to the Fund, with interest
10 at the rate of 4% per year, compounded annually, from the
11 date of the refund to the date of repayment. If the widow of
12 a fireman who died before the effective date of this
13 amendatory Act becomes eligible for a widow's annuity because
14 of this amendatory Act, the annuity shall begin to accrue on
15 the date of application for the annuity, but in no event
16 sooner than the effective date of this amendatory Act.
17 (Source: P.A. 81-230.)
18 (40 ILCS 5/6-143) (from Ch. 108 1/2, par. 6-143)
19 Sec. 6-143. Widow's remarriage.
20 (a) Beginning on the effective date of this amendatory
21 Act of the 93rd General Assembly, a widow's annuity shall no
22 longer be subject to termination or suspension under this
23 Section due to remarriage. Any widow's annuity that was
24 previously terminated or suspended under this Section by
25 reason of remarriage shall, upon application, be resumed as
26 of the date of the application, but in no event sooner than
27 the effective date of this amendatory Act. The resumption
28 shall not be retroactive. This subsection (a) applies
29 regardless of whether or not the deceased fireman was in
30 service on or after the effective date of this amendatory
31 Act.
32 (b) This subsection (b) does not apply on or after the
33 effective date of this amendatory Act of the 93rd General
-26- LRB093 02820 LRD 20148 a
1 Assembly.
2 Any annuity granted to a widow who remarries on or after
3 December 31, 1989 shall be suspended when she remarries,
4 unless (i) she remarries after attaining the age of 60
5 regardless of whether or not the deceased fireman was in
6 service on or after the effective date of this amendatory Act
7 of 1995 or (ii) she has been granted a Section 6-140 annuity
8 as the widow of a fireman killed in performance of duty. An
9 annuity suspended under this Section shall, upon application,
10 be resumed if the subsequent marriage ends by dissolution of
11 marriage, declaration of invalidity of marriage, or the death
12 of the husband; this resumption shall not be retroactive.
13 If a widow remarries after attaining age 60 or after she
14 has been granted an annuity under Section 6-140 and the
15 remarriage takes place after December 31, 1989, regardless of
16 whether or not the deceased fireman was in service on or
17 after the effective date of this amendatory Act of 1995, the
18 widow's annuity shall continue without interruption.
19 Any widow's annuity that was previously terminated by
20 reason of remarriage prior to December 31, 1989 or suspended
21 shall, upon application, be resumed, as of the date of the
22 application, if the subsequent marriage ended by dissolution
23 of marriage, declaration of invalidity of marriage, or the
24 death of the husband, regardless of whether or not the
25 deceased fireman was in service on the effective date of this
26 amendatory Act of 1995; this resumption shall not be
27 retroactive.
28 When a widow dies, if she has not received, in the form
29 of an annuity, an amount equal to the accumulated employee
30 contributions for widow's annuity, the difference between
31 such accumulated contributions and the sum received by her,
32 along with any part of the accumulated contributions for age
33 and service annuity remaining in the fund at her death, shall
34 be refunded to the fireman's children, in equal parts to
-27- LRB093 02820 LRD 20148 a
1 each; except that if a child is less than age 18, the part of
2 any such amount that is required to pay an annuity to the
3 child shall be transferred to the child's annuity reserve.
4 If no children or descendants thereof survive the fireman,
5 the refund shall be paid to the estate of the fireman. In
6 making refunds under this Section, no interest shall be
7 considered upon either the total of annuity payments made or
8 the amounts subject to refund.
9 (Source: P.A. 89-136, eff. 7-14-95.)
10 (40 ILCS 5/6-151.1) (from Ch. 108 1/2, par. 6-151.1)
11 Sec. 6-151.1. The General Assembly finds and declares
12 that service in the Fire Department requires that firemen, in
13 times of stress and danger, must perform unusual tasks; that
14 by reason of their occupation, firemen are subject to
15 exposure to great heat and to extreme cold in certain seasons
16 while in performance of their duties; that by reason of their
17 employment firemen are required to work in the midst of and
18 are subject to heavy smoke fumes, and carcinogenic,
19 poisonous, toxic or chemical gases from fires; and that in
20 the course of their rescue and paramedic duties firemen are
21 exposed to disabling infectious diseases, including AIDS,
22 hepatitis C, and stroke. The General Assembly further finds
23 and declares that all the aforementioned conditions exist and
24 arise out of or in the course of such employment.
25 Any active fireman who has completed 7ten or more years
26 of service and is unable to perform his duties in the Fire
27 Department by reason of heart disease, tuberculosis,or any
28 disease of the lungs or respiratory tract, AIDS, hepatitis C,
29 or stroke resulting solely from his service as a fireman,
30 shall be entitled to receive an occupational disease
31 disability benefit during any period of such disability for
32 which he does not have a right to receive salary.
33 Any active fireman who has completed 7ten or more years
-28- LRB093 02820 LRD 20148 a
1 of service and is unable to perform his duties in the fire
2 department by reason of a disabling cancer, which develops or
3 manifests itself during a period while the fireman is in the
4 service of the department, shall be entitled to receive an
5 occupational disease disability benefit during any period of
6 such disability for which he does not have a right to receive
7 salary. In order to receive this occupational disease
8 disability benefit, the type of cancer involved must be a
9 type which may be caused by exposure to heat, radiation or a
10 known carcinogen as defined by the International Agency for
11 Research on Cancer.
12 Any fireman who shall enter the service after the
13 effective date of this amendatory Act shall be examined by
14 one or more practicing physicians appointed by the Board, and
15 if thatsaid examination discloses impairment of the heart,
16 lungs, or respiratory tract, or the existence of AIDS,
17 hepatitis C, stroke, orany cancer, then thesuch fireman
18 shall not be entitled to receive an occupational disease
19 disability benefit unless and until a subsequent examination
20 reveals no such impairment, AIDS, hepatitis C, stroke, or
21 cancer.
22 The occupational disease disability benefit shall be 65%
23 of the fireman's salary at the time of his removal from the
24 Department payroll. However, beginning January 1, 1994, no
25 occupational disease disability benefit that has been payable
26 under this Section for at least 10 years shall be less than
27 50% of the current salary attached from time to time to the
28 rank and grade held by the fireman at the time of his removal
29 from the Department payroll, regardless of whether that
30 removal occurred before the effective date of this amendatory
31 Act of 1993.
32 Such fireman also shall have a right to receive child's
33 disability benefit of $30 per month on account of each
34 unmarried child who is less than 18 years of age or
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1 handicapped, dependent upon the fireman for support, and
2 either the issue of the fireman or legally adopted by him.
3 The total amount of child's disability benefit payable to the
4 fireman, when added to his occupational disease disability
5 benefit, shall not exceed 75% of the amount of salary which
6 he was receiving at the time of the grant of occupational
7 disease disability benefit.
8 The first payment of occupational disease disability
9 benefit or child's disability benefit shall be made not later
10 than one month after the benefit is granted. Each subsequent
11 payment shall be made not later than one month after the date
12 of the latest payment.
13 Occupational disease disability benefit shall be payable
14 during the period of the disability until the fireman reaches
15 the age of compulsory retirement. Child's disability benefit
16 shall be paid to such a fireman during the period of
17 disability until such child or children attain age 18 or
18 marry, whichever event occurs first; except that attainment
19 of age 18 by a child who is so physically or mentally
20 handicapped as to be dependent upon the fireman for support,
21 shall not render the child ineligible for child's disability
22 benefit. The fireman thereafter shall receive such annuity
23 or annuities as are provided for him in accordance with other
24 provisions of this Article.
25 (Source: P.A. 88-528.)
26 (40 ILCS 5/6-160) (from Ch. 108 1/2, par. 6-160)
27 Sec. 6-160. Refund - Widow's annuity contributions. When
28 a fireman attains age 63 in service and is not then married,
29 or when an unmarried fireman withdraws before age 63 and
30 enters upon annuity, his contributions for widow's annuity
31 shall then be refunded to him, upon request. A refund under
32 this Section may be repaid as provided in Section 6-142(B).
33 (Source: P.A. 81-1536.)
-30- LRB093 02820 LRD 20148 a
1 (40 ILCS 5/6-164) (from Ch. 108 1/2, par. 6-164)
2 Sec. 6-164. Automatic annual increase; retirement after
3 September 1, 1959.
4 (a) A fireman qualifying for a minimum annuity who
5 retires from service after September 1, 1959 shall, upon
6 either the first of the month following the first anniversary
7 of his date of retirement if he is age 60 (age 55 if born
8 before January 1, 19551945) or over on that anniversary
9 date, or upon the first of the month following his attainment
10 of age 60 (age 55 if born before January 1, 19551945) if
11 that occurs after the first anniversary of his retirement
12 date, have his then fixed and payable monthly annuity
13 increased by 1 1/2%, and such first fixed annuity as granted
14 at retirement increased by an additional 1 1/2% in January of
15 each year thereafter up to a maximum increase of 30%.
16 Beginning July 1, 1982 for firemen born before January 1,
17 1930, and beginning January 1, 1990 for firemen born after
18 December 31, 1929 and before January 1, 1940, and beginning
19 January 1, 1996 for firemen born after December 31, 1939 but
20 before January 1, 1945, and beginning January 1, 2004, for
21 firemen born after December 31, 1944 but before January 1,
22 1955, such increases shall be 3% and such firemen shall not
23 be subject to the 30% maximum increase.
24 Any fireman born before January 1, 1945 who qualifies for
25 a minimum annuity and retires after September 1, 1967 but has
26 not received the initial increase under this subsection
27 before January 1, 1996 is entitled to receive the initial
28 increase under this subsection on (1) January 1, 1996, (2)
29 the first anniversary of the date of retirement, or (3)
30 attainment of age 55, whichever occurs last. The changes to
31 this Section made by this amendatory Act of 1995 apply
32 beginning January 1, 1996 and apply without regard to whether
33 the fireman or annuitant terminated service before the
34 effective date of this amendatory Act of 1995.
-31- LRB093 02820 LRD 20148 a
1 Any fireman born before January 1, 1955 who qualifies for
2 a minimum annuity and retires after September 1, 1967 but has
3 not received the initial increase under this subsection
4 before January 1, 2004 is entitled to receive the initial
5 increase under this subsection on (1) January 1, 2004, (2)
6 the first anniversary of the date of retirement, or (3)
7 attainment of age 55, whichever occurs last. The changes to
8 this Section made by this amendatory Act of the 93rd General
9 Assembly apply without regard to whether the fireman or
10 annuitant terminated service before the effective date of
11 this amendatory Act.
12 (b) Subsection (a) of this Section is not applicable to
13 an employee receiving a term annuity.
14 (c) To help defray the cost of such increases in
15 annuity, there shall be deducted, beginning September 1,
16 1959, from each payment of salary to a fireman, 1/8 of 1% of
17 each such salary payment and an additional 1/8 of 1%
18 beginning on September 1, 1961, and September 1, 1963,
19 respectively, concurrently with and in addition to the salary
20 deductions otherwise made for annuity purposes.
21 Each such additional 1/8 of 1% deduction from salary
22 which shall, on September 1, 1963, result in a total increase
23 of 3/8 of 1% of salary, shall be credited to the Automatic
24 Increase Reserve, to be used, together with city
25 contributions as provided in this Article, to defray the cost
26 of the 1 1/2% annuity increments herein specified. Any
27 balance in such reserve as of the beginning of each calendar
28 year shall be credited with interest at the rate of 3% per
29 annum.
30 The salary deductions provided in this Section are not
31 subject to refund, except to the fireman himself, in any case
32 in which a fireman withdraws prior to qualification for
33 minimum annuity and applies for refund, or applies for
34 annuity, and also where a term annuity becomes payable. In
-32- LRB093 02820 LRD 20148 a
1 such cases, the total of such salary deductions shall be
2 refunded to the fireman, without interest, and charged to the
3 aforementioned reserve.
4 (Source: P.A. 89-136, eff. 7-14-95.)
5 (40 ILCS 5/6-165) (from Ch. 108 1/2, par. 6-165)
6 Sec. 6-165. Financing; tax.
7 (a) Except as expressly provided in this Section, each
8 city shall levy a tax annually upon all taxable property
9 therein for the purpose of providing revenue for the fund.
10 For the years prior to the year 1960, the tax rate shall be
11 as provided for in the "Firemen's Annuity and Benefit Fund of
12 the Illinois Municipal Code". The tax, from and after
13 January 1, 1968 to and including the year 1971, shall not
14 exceed .0863% of the value, as equalized or assessed by the
15 Department of Revenue, of all taxable property in the city.
16 Beginning with the year 1972 and each year thereafter the
17 city shall levy a tax annually at a rate on the dollar of the
18 value, as equalized or assessed by the Department of Revenue
19 of all taxable property within such city that will produce,
20 when extended, not to exceed an amount equal to the total
21 amount of contributions by the employees to the fund made in
22 the calendar year 2 years prior to the year for which the
23 annual applicable tax is levied, multiplied by 2.23 through
24 the calendar year 1981, and by 2.26 for the year 1982 and for
25 each year thereafter.
26 To provide revenue for the ordinary death benefit
27 established by Section 6-150 of this Article, in addition to
28 the contributions by the firemen for this purpose, the city
29 council shall for the year 1962 and each year thereafter
30 annually levy a tax, which shall be in addition to and
31 exclusive of the taxes authorized to be levied under the
32 foregoing provisions of this Section, upon all taxable
33 property in the city, as equalized or assessed by the
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1 Department of Revenue, at such rate per cent of the value of
2 such property as shall be sufficient to produce for each year
3 the sum of $142,000.
4 The amounts produced by the taxes levied annually,
5 together with the deposit expressly authorized in this
6 Section, shall be sufficient, when added to the amounts
7 deducted from the salaries of firemen and applied to the
8 fund, to provide for the purposes of the fund.
9 (b) The taxes shall be levied and collected in like
10 manner with the general taxes of the city, and shall be in
11 addition to all other taxes which the city may levy upon all
12 taxable property therein and shall be exclusive of and in
13 addition to the amount of tax the city may levy for general
14 purposes under Section 8-3-1 of the Illinois Municipal Code,
15 approved May 29, 1961, as amended, or under any other law or
16 laws which may limit the amount of tax which the city may
17 levy for general purposes.
18 (c) The amounts of the taxes to be levied in each year
19 shall be certified to the city council by the board.
20 (d) As soon as any revenue derived from such taxes is
21 collected, it shall be paid to the city treasurer and held
22 for the benefit of the fund, and all such revenue shall be
23 paid into the fund in accordance with the provisions of this
24 Article.
25 (e) If the funds available are insufficient during any
26 year to meet the requirements of this Article, the city may
27 issue tax anticipation warrants, against the tax levies
28 herein authorized for the current fiscal year.
29 (f) The various sums, hereinafter stated, including
30 interest, to be contributed by the city, shall be taken from
31 the revenue derived from the taxes or otherwise as expressly
32 provided in this Section. Except for defraying the cost of
33 administration of the fund during the calendar year in which
34 a city first attains a population of 500,000 and comes under
-34- LRB093 02820 LRD 20148 a
1 the provisions of this Article and the first calendar year
2 thereafter, any money of the city derived from any source
3 other than these taxes or the sale of tax anticipation
4 warrants shall not be used to provide revenue for the fund,
5 nor to pay any part of the cost of administration thereof,
6 unless applied to make the deposit expressly authorized in
7 this Section or the additional city contributions required
8 under subsection (h).
9 (g) In lieu of levying all or a portion of the tax
10 required under this Section in any year, the city may deposit
11 with the city treasurer no later than March 1 of that year
12 for the benefit of the fund, to be held in accordance with
13 this Article, an amount that, together with the taxes levied
14 under this Section for that year, is not less than the amount
15 of the city contributions for that year as certified by the
16 board to the city council. The deposit may be derived from
17 any source legally available for that purpose, including, but
18 not limited to, the proceeds of city borrowings. The making
19 of a deposit shall satisfy fully the requirements of this
20 Section for that year to the extent of the amounts so
21 deposited. Amounts deposited under this subsection may be
22 used by the fund for any of the purposes for which the
23 proceeds of the taxes levied under this Section may be used,
24 including the payment of any amount that is otherwise
25 required by this Article to be paid from the proceeds of
26 those taxes.
27 (h) In addition to the contributions required under the
28 other provisions of this Article, by November 1 of the
29 following specified years, the city shall deposit with the
30 city treasurer for the benefit of the fund, to be held and
31 used in accordance with this Article, the following specified
32 amounts: $6,300,000 in 1999; $5,880,000 in 2000; $5,460,000
33 in 2001; $5,040,000 in 2002; and $4,620,000 in 2003;
34 $4,200,000 in 2004; $3,780,000 in 2005; $3,360,000 in 2006;
-35- LRB093 02820 LRD 20148 a
1 $2,940,000 in 2007; $2,520,000 in 2008; $2,100,000 in 2009;
2 $1,680,000 in 2010; $1,260,000 in 2011; $840,000 in 2012; and
3 $420,000 in 2013.
4 The additional city contributions required under this
5 subsection are intended to decrease the unfunded liability of
6 the fund and shall not decrease the amount of the city
7 contributions required under the other provisions of this
8 Article. The additional city contributions made under this
9 subsection may be used by the fund for any of its lawful
10 purposes.
11 (Source: P.A. 89-136, eff. 7-14-95; 90-766, eff. 8-14-98.)
12 (40 ILCS 5/6-210.1) (from Ch. 108 1/2, par. 6-210.1)
13 Sec. 6-210.1. Credit for former employment with the fire
14 department.
15 (a) Any fireman who (1) accumulated service credit in
16 the Article 8 fund for service as an employee of the Chicago
17 Fire Department and (2) has terminated that Article 8 service
18 credit and received a refund of contributions therefor, may
19 establish service credit in this Fund for all or any part of
20 that period of service under the Article 8 fund by making
21 written application to the Board by January 1, 2000 and
22 paying to this Fund (i) employee contributions based upon the
23 actual salary received and the rates in effect for members of
24 this Fund at the time of such service, plus (ii) interest
25 thereon calculated as follows:
26 (1) For applications received by the Board before
27 July 14,the effective date of this amendatory Act of
28 1995, interest shall be calculated on the amount of
29 employee contributions determined under item (i) above,
30 at the rate of 4% per annum, compounded annually, from
31 the date of termination of such service to the date of
32 payment.
33 (2) For applications received by the Board on or
-36- LRB093 02820 LRD 20148 a
1 after July 14,the effective date of this amendatory Act
2 of 1995, interest shall be calculated on the amount of
3 employee contributions determined under item (i) above,
4 at the rate of 4% per annum, compounded annually, from
5 the first date of the period for which credit is being
6 established under this subsection (a) to the date of
7 payment.
8 (b) A fireman who, at any time during the period 1970
9 through 1983, was an employee of the Chicago Fire Department
10 but did not participate in any pension fund subject to this
11 Code with respect to that employment may establish service
12 credit in this Fund for all or any part of that employment by
13 making written application to the Board by January 1, 2005
14 2000 and paying to this Fund (i) employee contributions based
15 upon the actual salary received and the rates in effect for
16 members of this Fund at the time of that employment, plus
17 (ii) interest thereon calculated at the rate of 4% per annum,
18 compounded annually, from the first date of the employment
19 for which credit is being established under this subsection
20 (b) to the date of payment.
21 (c) A fireman may pay the contributions required for
22 service credit under this Section established on or after
23 July 14,the effective date of this amendatory Act of 1995 in
24 the form of payroll deductions, in accordance with such
25 procedures and limitations as may be established by Board
26 rule and any applicable rules or ordinances of the employer.
27 (d) Employer contributions shall be transferred as
28 provided in Sections 6-210.2 and 8-172.1. The employer shall
29 not be responsible for making any additional employer
30 contributions for any credit established under this Section.
31 (Source: P.A. 89-136, eff. 7-14-95.)
32 (40 ILCS 5/6-210.2 new)
33 Sec. 6-210.2. City contributions for paramedics.
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1 Municipality credits computed and credited under Article 8
2 for all firemen who (1) accumulated service credit in the
3 Article 8 fund for service as a paramedic, (2) have
4 terminated that Article 8 service credit and received a
5 refund of contributions, and (3) are participants in this
6 Article 6 fund on the effective date of this amendatory Act
7 of the 93rd General Assembly shall be transferred by the
8 Article 8 fund to this Fund, together with interest at the
9 rate of 11% per annum, compounded annually, to the date of
10 the transfer, as provided in Section 8-172.1 of this Code.
11 These city contributions shall be credited to the individual
12 fireman only if he or she pays for prior service as a
13 paramedic in full to this Fund.
14 (40 ILCS 5/6-210.3 new)
15 Sec. 6-210.3. Payments and rollovers.
16 (a) The Board may adopt rules prescribing the manner of
17 repaying refunds and purchasing any other credits permitted
18 under this Article. The rules may prescribe the manner of
19 calculating interest when payments or repayments are made in
20 installments.
21 (b) Rollover contributions from other retirement plans
22 qualified under the Internal Revenue Code of 1986 may be used
23 to purchase any optional credit or repay any refund permitted
24 under this Article.
25 (40 ILCS 5/6-211) (from Ch. 108 1/2, par. 6-211)
26 Sec. 6-211. Permanent and temporary positions; exempt
27 positions above career service rank.
28 (a) Except as specified in subsection (b), no annuity,
29 pension or other benefit shall be paid to a fireman or widow,
30 under this Article, based upon any salary paid by virtue of a
31 temporary appointment, and. all contributions, annuities and
32 benefits shall be related to the salary which attaches to the
-38- LRB093 02820 LRD 20148 a
1 permanent position of the fireman.
2 Any fireman temporarily serving in a position or rank
3 other than that to which he has received permanent
4 appointment shall be considered, while so serving, as though
5 he were in his permanent position or rank, except that no
6 increase in any pension, annuity or other benefit hereunder
7 shall accrue to him by virtue of any service performed by him
8 subsequent to attaining the compulsory retirement age
9 provided by law or ordinance.
10 This Section doesshall not apply to any person certified
11 to the fire department by the civil service commission of the
12 city, during the period of probationary service.
13 A fireman who holds a position at the will of the Fire
14 Commissioner or other appointing authority, whether or not
15 such position is an "exempt" position, shall be deemed to
16 hold a temporary position, and such employee's contributions
17 and benefits shall be based upon the employee's permanent
18 career service salary. The provisions of this paragraph
19 shall be retroactive to January 1, 1976.
20 (b) Beginning on the effective date of this amendatory
21 Act of the 93rd General Assembly, for service in an exempt
22 position above career service rank, employee contributions
23 shall be based on the actual full salary attached to the
24 exempt rank position held by the fireman.
25 For service in an exempt position above career service
26 rank, benefit computations under this Article shall be based
27 on the actual full salary attached to the exempt rank
28 position held by the fireman if and only if:
29 (1) employee contributions have been paid on the
30 actual full salary attached to the exempt rank position
31 held by the fireman for all service on or after January
32 1, 1994 in an exempt position above career service rank;
33 (2) the fireman has held one or more exempt
34 positions for at least 5 consecutive years (or, in the
-39- LRB093 02820 LRD 20148 a
1 case of a fireman who retired due to attainment of
2 compulsory retirement age before December 1, 2003, held
3 one or more exempt positions for a consecutive period of
4 at least 3 years and 9 months and made the payment
5 required under subsection (c) for a period of at least 5
6 years) and has held the rank of battalion chief or field
7 officer for at least 5 years (at least 3 years and 9
8 months in the case of a fireman who retired due to
9 attainment of compulsory retirement age before December
10 1, 2003) during the exempt period; and
11 (3) the fireman was born before 1955.
12 (c) For service prior to the effective date of this
13 amendatory Act of the 93rd General Assembly in an exempt
14 position above career service rank for which contributions
15 have been paid only on the salary attached to the fireman's
16 permanent career service rank, a fireman may make the
17 contributions required under subsection (b) by paying to the
18 Fund before the later of the date of retirement or 6 months
19 after the effective date of this amendatory Act, but in no
20 event later than July 1, 2005, an amount equal to the
21 difference between the employee contributions actually made
22 for that service and the employee contributions that would
23 have been made based on the actual full salary attached to
24 the exempt rank position held by the fireman on or after
25 January 1, 1994, plus interest thereon at the rate of 4% per
26 year, compounded annually, from the date of the service to
27 the date of payment (or to the date of retirement if
28 retirement is before the effective date of this amendatory
29 Act). In the case of a fireman who retired in an exempt rank
30 position after January 1, 1994 and before January 1, 1999 and
31 in the case of a fireman who retired due to attaining
32 compulsory retirement age before December 1, 2003, the
33 payment under this subsection (c) shall be for a period of at
34 least 5 years.
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1 If a fireman dies while eligible to make the
2 contributions required under subsection (b) but before the
3 contributions are paid, the fireman's widow may elect to make
4 the contributions.
5 (d) Subsection (e) of Section 6-111 and the changes made
6 to this Section by this amendatory Act of the 93rd General
7 Assembly apply to a fireman who retires (or becomes disabled)
8 on or after January 1, 1994. In the case of a benefit
9 payable on the effective date of this amendatory Act, the
10 resulting increase in benefit shall begin to accrue with the
11 first benefit payment period commencing after the required
12 contributions are paid.
13 (e) If a fireman or his survivors do not qualify to have
14 benefits computed on the full amount of salary received for
15 service in an exempt position as provided in subsection (b),
16 benefits shall be computed on the basis of the salary
17 attached to the permanent career service rank, and a refund
18 of any employee contributions paid on the difference between
19 the actual salary and the salary attached to the permanent
20 career service rank shall be payable to the fireman upon
21 termination of service, or to the fireman's widow or estate
22 upon the fireman's death.
23 (f) The tax levy computed under Section 6-165 shall be
24 based on employee contributions, including the payments of
25 employee contributions under subsections (a), (b), and (c) of
26 this Section 6-211.
27 (g) The city shall pay to the Fund on an annual basis,
28 in addition to the usual city contributions, an amount at
29 least equal to the sum of (1) the increase in normal cost
30 resulting from subsection (e) of Section 6-111 and the
31 changes made to this Section by this amendatory Act of the
32 93rd General Assembly, plus (2) amortization (over a period
33 of 30 years from the effective date of this amendatory Act)
34 of the initial unfunded liability resulting from subsection
-41- LRB093 02820 LRD 20148 a
1 (e) of Section 6-111 and the changes made to this Section by
2 this amendatory Act of the 93rd General Assembly. The
3 payment required under this subsection shall be no less than
4 $400,000 per year. Payment shall begin with the first
5 calendar year commencing after the effective date of this
6 amendatory Act and shall be in addition to the tax levy
7 otherwise calculated under Section 6-165. The city may
8 increase that tax levy by the amount of the payment required
9 under this subsection, or it may utilize any funds
10 appropriated for this purpose.
11 (Source: P.A. 83-16.)
12 (40 ILCS 5/6-222) (from Ch. 108 1/2, par. 6-222)
13 Sec. 6-222. Administrative review.
14 (a) The provisions of the Administrative Review Law, and
15 all amendments and modifications thereof and the rules
16 adopted pursuant thereto shall apply to and govern all
17 proceedings for the judicial review of final administrative
18 decisions of the retirement board hereunder. The term
19 "administrative decision" is as defined in Section 3-101 of
20 the Code of Civil Procedure.
21 (b) If any fireman whose application for either a duty
22 disability benefit under Section 6-151 or for an occupational
23 disease disability benefit under Section 6-151.1 has been
24 denied by the Retirement Board brings an action for
25 administrative review challenging the denial of disability
26 benefits and the fireman prevails in the action in
27 administrative review, then the prevailing fireman shall be
28 entitled to recover from the Fund court costs and litigation
29 expenses, including reasonable attorney's fees, as part of
30 the costs of the action.
31 (Source: P.A. 82-783.)
32 (40 ILCS 5/8-137) (from Ch. 108 1/2, par. 8-137)
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1 Sec. 8-137. Automatic increase in annuity.
2 (a) An employee who retired or retires from service
3 after December 31, 1959 and before January 1, 1987, having
4 attained age 60 or more, shall, in January of the year after
5 the year in which the first anniversary of retirement occurs,
6 have the amount of his then fixed and payable monthly annuity
7 increased by 1 1/2%, and such first fixed annuity as granted
8 at retirement increased by a further 1 1/2% in January of
9 each year thereafter. Beginning with January of the year
10 1972, such increases shall be at the rate of 2% in lieu of
11 the aforesaid specified 1 1/2%, and beginning with January of
12 the year 1984 such increases shall be at the rate of 3%.
13 Beginning in January of 1999, such increases shall be at the
14 rate of 3% of the currently payable monthly annuity,
15 including any increases previously granted under this
16 Article. An employee who retires on annuity after December
17 31, 1959 and before January 1, 1987, but before age 60, shall
18 receive such increases beginning in January of the year after
19 the year in which he attains age 60.
20 An employee who retires from service on or after January
21 1, 1987 shall, upon the first annuity payment date following
22 the first anniversary of the date of retirement, or upon the
23 first annuity payment date following attainment of age 60,
24 whichever occurs later, have his then fixed and payable
25 monthly annuity increased by 3%, and such annuity shall be
26 increased by an additional 3% of the original fixed annuity
27 on the same date each year thereafter. Beginning in January
28 of 1999, such increases shall be at the rate of 3% of the
29 currently payable monthly annuity, including any increases
30 previously granted under this Article.
31 (a-5) Notwithstanding the provisions of subsection (a),
32 upon the first annuity payment date following (1) the third
33 anniversary of retirement, (2) the attainment of age 53, or
34 (3) January 1, 2002, the date 60 days after the effective
-43- LRB093 02820 LRD 20148 a
1 date of this amendatory Act of the 92nd General Assembly,
2 whichever occurs latest, the monthly annuity of an employee
3 who retires on annuity prior to the attainment of age 60 and
4 who has not received an increase under subsection (a) shall
5 be increased by 3%, and the such annuity shall be increased
6 by an additional 3% of the current payable monthly annuity,
7 including any such increases previously granted under this
8 Article, on the same date each year thereafter. The
9 increases provided under this subsection are in lieu of the
10 increases provided in subsection (a).
11 (a-6) Notwithstanding the provisions of subsections (a)
12 and (a-5), for all calendar years following the year in which
13 this amendatory Act of the 93rd General Assembly takes
14 effect, an increase in annuity under this Section that would
15 otherwise take effect at any time during the year shall
16 instead take effect in January of that year.
17 (b) Subsections (a),and (a-5), and (a-6) are not
18 applicable to an employee retiring and receiving a term
19 annuity, as herein defined, nor to any otherwise qualified
20 employee who retires before he makes employee contributions
21 (at the 1/2 of 1% rate as provided in this Act) for this
22 additional annuity for not less than the equivalent of one
23 full year. Such employee, however, shall make arrangement to
24 pay to the fund a balance of such 1/2 of 1% contributions,
25 based on his final salary, as will bring such 1/2 of 1%
26 contributions, computed without interest, to the equivalent
27 of or completion of one year's contributions.
28 Beginning with January, 1960, each employee shall
29 contribute by means of salary deductions 1/2 of 1% of each
30 salary payment, concurrently with and in addition to the
31 employee contributions otherwise made for annuity purposes.
32 Each such additional contribution shall be credited to an
33 account in the prior service annuity reserve, to be used,
34 together with city contributions, to defray the cost of the
-44- LRB093 02820 LRD 20148 a
1 specified annuity increments. Any balance in such account at
2 the beginning of each calendar year shall be credited with
3 interest at the rate of 3% per annum.
4 Such additional employee contributions are not
5 refundable, except to an employee who withdraws and applies
6 for refund under this Article, and in cases where a term
7 annuity becomes payable. In such cases his contributions
8 shall be refunded, without interest, and charged to such
9 account in the prior service annuity reserve.
10 (Source: P.A. 92-599, eff. 6-28-02; 92-609, eff. 7-1-02;
11 revised 8-26-02.)
12 (40 ILCS 5/8-138.4 new)
13 Sec. 8-138.4. Early retirement incentive.
14 (a) To be eligible for the benefits provided in this
15 Section, an employee must:
16 (1) be a current contributor to the Fund who (i) on
17 October 15, 2003, is in active payroll status as an
18 employee; (ii) returns to active payroll status from an
19 approved leave of absence prior to December 15, 2003; or
20 (iii) on October 15, 2003, is receiving ordinary or duty
21 disability benefits under Section 8-160 or 8-161;
22 (2) have not previously retired under this Article;
23 (3) file with the Board before December 15, 2003, a
24 written election requesting the benefits provided in this
25 Section;
26 (4) withdraw from service on or after December 31,
27 2003 and on or before January 31, 2004 (or the date
28 established under subsection (a-5), if applicable); and
29 (5) by the date of withdrawal or by January 31,
30 2004, whichever is earlier, have attained age 50 with at
31 least 10 years of creditable service in this Fund,
32 without including any creditable service established
33 under this Section, and a total of at least 70 combined
-45- LRB093 02820 LRD 20148 a
1 years of age and creditable service, without including
2 any creditable service established under this Section, in
3 one or more of the participating systems under the
4 Retirement Systems Reciprocal Act.
5 A person is not eligible for the benefits provided in
6 this Section if the person (i) elects to receive the
7 alternative annuity for city officers under Section 8-243.2,
8 or (ii) elects to receive a retirement annuity calculated
9 under the alternative formula formerly set forth in Section
10 20-122.
11 (a-5) To ensure that the efficient operation of
12 employers under this Article is not jeopardized by the
13 simultaneous retirement of large numbers of critical
14 personnel, each employer may, for its critical employees,
15 extend the January 31, 2004 deadline for terminating
16 employment under this Article established in subdivision
17 (a)(4) of this Section to a date not later than April 30,
18 2004 by so notifying the Fund by December 31, 2003.
19 (b) An eligible employee may establish up to 5 years of
20 creditable service under this Section, in increments of one
21 month, by making the contributions specified in subsection
22 (d). In addition, for each month of creditable service
23 established under this Section, a person's age at retirement
24 shall be deemed to be one month older than it actually is,
25 except for determination of eligibility for automatic annual
26 increases under Sections 8-137 and 8-137.1. Furthermore, an
27 eligible employee must establish at least the amount of age
28 and creditable service necessary to bring his or her age and
29 total creditable service, including service in this Fund,
30 service established under this Section, and service in any of
31 the other participating systems under the Retirement Systems
32 Reciprocal Act, to a minimum that will satisfy the
33 requirements of Section 8-138.
34 The creditable service under this Section may be used for
-46- LRB093 02820 LRD 20148 a
1 all purposes under this Article and the Retirement Systems
2 Reciprocal Act, except for the computation of average annual
3 salary and the determination of salary, earnings, or
4 compensation under this or any other Article of this Code.
5 (c) An eligible employee shall be entitled to have his
6 or her retirement annuity calculated in accordance with the
7 formula provided in Section 8-138, except that the annuity
8 shall not be subject to reduction because of withdrawal or
9 commencement of the annuity before attainment of age 60.
10 (d) For each month of creditable service established
11 under this Section, the employee must pay to the Fund an
12 employee contribution, to be calculated by the Fund, equal to
13 4.25% of the member's monthly salary rate on October 15,
14 2003. The employee may elect to pay the entire contribution
15 before the retirement annuity commences, or to have it
16 deducted from the annuity over a period not longer than 24
17 months. If the retired employee dies before the contribution
18 has been paid in full, the unpaid installments may be
19 deducted from any annuity or other benefit payable to the
20 employee's survivors.
21 All employee contributions paid under this Section shall
22 not be deemed contributions made by employees for annuity
23 purposes under Section 8-173, and shall be made and credited
24 to a special reserve, without interest. Employee
25 contributions paid under this Section may be refunded under
26 the same terms and conditions as are applicable to other
27 employee contributions for retirement annuity.
28 (e) Notwithstanding Section 8-165, an annuitant who
29 reenters service under this Article after receiving a
30 retirement annuity based on benefits provided under this
31 Section thereby forfeits the right to continue to receive
32 those benefits, and shall have his or her retirement annuity
33 recalculated at the appropriate time without the benefits
34 provided in this Section.
-47- LRB093 02820 LRD 20148 a
1 (40 ILCS 5/8-138.5 new)
2 Sec. 8-138.5. Early retirement incentive for employees
3 who have earned maximum pension benefits.
4 (a) A person who is eligible for the benefits provided
5 under Section 8-138.4 and who, if he or she had retired on or
6 before January 31, 2004, would have been entitled to a
7 pension equal to 80% of his or her highest average annual
8 salary for any 4 consecutive years within the last 10 years
9 of service immediately preceding January 31, 2004 without
10 receiving the benefits provided in Section 8-138.4, may
11 elect, by filing written election with the Fund by December
12 15, 2003, to receive a lump sum from the Fund equal to 100%
13 of his or her salary on January 31, 2004 or the date of
14 withdrawal, whichever is earlier. To be eligible to receive
15 the benefit provided under this Section, the person must
16 withdraw from service on or after December 31, 2003 and on or
17 before January 31, 2004 (or the date established under
18 subsection (b), if applicable). If a person elects to
19 receive the benefit provided under this Section, his or her
20 retirement annuity otherwise payable under Section 8-138
21 shall be reduced by an amount equal to the actuarial
22 equivalent of the lump sum.
23 (b) To ensure that the efficient operation of employers
24 under this Article is not jeopardized by the simultaneous
25 retirement of large numbers of critical personnel, each
26 employer may, for its critical employees, extend the January
27 31, 2004 deadline for terminating employment under this
28 Article established in subdivision (a) of this Section to a
29 date not later than April 30, 2004 by so notifying the Fund
30 by December 31, 2003.
31 (40 ILCS 5/8-150.1) (from Ch. 108 1/2, par. 8-150.1)
32 Sec. 8-150.1. Minimum annuities for widows. The widow
33 (otherwise eligible for widow's annuity under other Sections
-48- LRB093 02820 LRD 20148 a
1 of this Article 8) of an employee hereinafter described, who
2 retires from service or dies while in the service subsequent
3 to the effective date of this amendatory provision, and for
4 which widow the amount of widow's annuity and widow's prior
5 service annuity combined, fixed or provided for such widow
6 under other provisions of this Article is less than the
7 amount provided in this Section, shall, from and after the
8 date her otherwise provided annuity would begin, in lieu of
9 such otherwise provided widow's and widow's prior service
10 annuity, be entitled to the following indicated amount of
11 annuity:
12 (a) The widow of any employee who dies while in service
13 on or after the date on which he attains age 60 if the death
14 occurs before July 1, 1990, or on or after the date on which
15 he attains age 55 if the death occurs on or after July 1,
16 1990, with at least 20 years of service, or on or after the
17 date on which he attains age 50 if the death occurs on or
18 after the effective date of this amendatory Act of 1997 with
19 at least 30 years of service, shall be entitled to an annuity
20 equal to one-half of the amount of annuity which her deceased
21 husband would have been entitled to receive had he withdrawn
22 from the service on the day immediately preceding the date of
23 his death, conditional upon such widow having attained the
24 age of 60 or more years on such date if the death occurs
25 before July 1, 1990, or age 55 or more if the death occurs on
26 or after July 1, 1990, or age 50 or more if the death occurs
27 on or after January 1, 1998 and the employee is age 50 or
28 over with at least 30 years of service or age 55 or over with
29 at least 25 years of service. Except as provided in
30 subsection (k), this widow's annuity shall not, however,
31 exceed the sum of $500 a month if the employee's death in
32 service occurs before January 23, 1987. The widow's annuity
33 shall not be limited to a maximum dollar amount if the
34 employee's death in service occurs on or after January 23,
-49- LRB093 02820 LRD 20148 a
1 1987.
2 If the employee dies in service before July 1, 1990, and
3 if such widow of such described employee shall not be 60 or
4 more years of age on such date of death, the amount provided
5 in the immediately preceding paragraph for a widow 60 or more
6 years of age, shall, in the case of such younger widow, be
7 reduced by 0.25% for each month that her then attained age is
8 less than 60 years if the employee was born before January 1,
9 1936 or dies in service on or after January 1, 1988, or by
10 0.5% for each month that her then attained age is less than
11 60 years if the employee was born on or after July 1, 1936
12 and dies in service before January 1, 1988.
13 If the employee dies in service on or after July 1, 1990,
14 and if the widow of the employee has not attained age 55 on
15 or before the employee's date of death, the amount otherwise
16 provided in this subsection (a) shall be reduced by 0.25% for
17 each month that her then attained age is less than 55 years;
18 except that if the employee dies in service on or after
19 January 1, 1998 at age 50 or over with at least 30 years of
20 service or at age 55 or over with at least 25 years of
21 service, there shall be no reduction due to the widow's age
22 if she has attained age 50 on or before the employee's date
23 of death, and if the widow has not attained age 50 on or
24 before the employee's date of death the amount otherwise
25 provided in this subsection (a) shall be reduced by 0.25% for
26 each month that her then attained age is less than 50 years.
27 (b) The widow of any employee who dies subsequent to the
28 date of his retirement on annuity, and who so retired on or
29 after the date on which he attained the age of 60 or more
30 years if retirement occurs before July 1, 1990, or on or
31 after the date on which he attained age 55 if retirement
32 occurs on or after July 1, 1990, with at least 20 years of
33 service, or on or after the date on which he attained age 50
34 if the retirement occurs on or after the effective date of
-50- LRB093 02820 LRD 20148 a
1 this amendatory Act of 1997 with at least 30 years of
2 service, shall be entitled to an annuity equal to one-half of
3 the amount of annuity which her deceased husband received as
4 of the date of his retirement on annuity, conditional upon
5 such widow having attained the age of 60 or more years on the
6 date of her husband's retirement on annuity if retirement
7 occurs before July 1, 1990, or age 55 or more if retirement
8 occurs on or after July 1, 1990, or age 50 or more if the
9 retirement on annuity occurs on or after January 1, 1998 and
10 the employee is age 50 or over with at least 30 years of
11 service or age 55 or over with at least 25 years of service.
12 Except as provided in subsection (k), this widow's annuity
13 shall not, however, exceed the sum of $500 a month if the
14 employee's death occurs before January 23, 1987. The widow's
15 annuity shall not be limited to a maximum dollar amount if
16 the employee's death occurs on or after January 23, 1987,
17 regardless of the date of retirement; provided that, if
18 retirement was before January 23, 1987, the employee or
19 eligible spouse repays the excess spouse refund with interest
20 at the effective rate from the date of refund to the date of
21 repayment.
22 If the date of the employee's retirement on annuity is
23 before July 1, 1990, and if such widow of such described
24 employee shall not have attained such age of 60 or more years
25 on such date of her husband's retirement on annuity, the
26 amount provided in the immediately preceding paragraph for a
27 widow 60 or more years of age on the date of her husband's
28 retirement on annuity, shall, in the case of such then
29 younger widow, be reduced by 0.25% for each month that her
30 then attained age was less than 60 years if the employee was
31 born before January 1, 1936 or withdraws from service on or
32 after January 1, 1988, or by 0.5% for each month that her
33 then attained age is less than 60 years if the employee was
34 born on or after January 1, 1936 and withdraws from service
-51- LRB093 02820 LRD 20148 a
1 before January 1, 1988.
2 If the date of the employee's retirement on annuity is on
3 or after July 1, 1990, and if the widow of the employee has
4 not attained age 55 by the date of the employee's retirement
5 on annuity, the amount otherwise provided in this subsection
6 (b) shall be reduced by 0.25% for each month that her then
7 attained age is less than 55 years; except that if the
8 employee retires on annuity on or after January 1, 1998 at
9 age 50 or over with at least 30 years of service or at age 55
10 or over with at least 25 years of service, there shall be no
11 reduction due to the widow's age if she has attained age 50
12 on or before the employee's date of death, and if the widow
13 has not attained age 50 on or before the employee's date of
14 death the amount otherwise provided in this subsection (b)
15 shall be reduced by 0.25% for each month that her then
16 attained age is less than 50 years.
17 (c) The foregoing provisions relating to minimum
18 annuities for widows shall not apply to the widow of any
19 former municipal employee receiving an annuity from the fund
20 on August 9, 1965 or on the effective date of this amendatory
21 provision, who re-enters service as a municipal employee,
22 unless such employee renders at least 3 years of additional
23 service after the date of re-entry.
24 (d) In computing the amount of annuity which the husband
25 specified in the foregoing paragraphs (a) and (b) of this
26 Section would have been entitled to receive, or received,
27 such amount shall be the annuity to which such husband would
28 have been, or was entitled, before reduction in the amount of
29 his annuity for the purposes of the voluntary optional
30 reversionary annuity provided for in Section 8-139 of this
31 Article, if such option was elected.
32 (e) (Blank).
33 (f) (Blank).
34 (g) The amendatory provisions of this amendatory Act of
-52- LRB093 02820 LRD 20148 a
1 1985 relating to annuity discount because of age for widows
2 of employees born before January 1, 1936, shall apply only to
3 qualifying widows of employees withdrawing or dying in
4 service on or after July 18, 1985.
5 (h) Beginning on January 1, 1999, the minimum amount of
6 widow's annuity shall be $800 per month for life for the
7 following classes of widows, without regard to the fact that
8 the death of the employee occurred prior to the effective
9 date of this amendatory Act of 1998:
10 (1) any widow annuitant alive and receiving a life
11 annuity on the effective date of this amendatory Act of
12 1998, except a reciprocal annuity;
13 (2) any widow annuitant alive and receiving a term
14 annuity on the effective date of this amendatory Act of
15 1998, except a reciprocal annuity;
16 (3) any widow annuitant alive and receiving a
17 reciprocal annuity on the effective date of this
18 amendatory Act of 1998, whose employee spouse's service
19 in this fund was at least 5 years;
20 (4) the widow of an employee with at least 10 years
21 of service in this fund who dies after retirement, if the
22 retirement occurred prior to the effective date of this
23 amendatory Act of 1998;
24 (5) the widow of an employee with at least 10 years
25 of service in this fund who dies after retirement, if
26 withdrawal occurs on or after the effective date of this
27 amendatory Act of 1998;
28 (6) the widow of an employee who dies in service
29 with at least 5 years of service in this fund, if the
30 death in service occurs on or after the effective date of
31 this amendatory Act of 1998.
32 The increases granted under items (1), (2), (3) and (4)
33 of this subsection (h) shall not be limited by any other
34 Section of this Act.
-53- LRB093 02820 LRD 20148 a
1 (i) The widow of an employee who retired or died in
2 service on or after January 1, 1985 and before July 1, 1990,
3 at age 55 or older, and with at least 35 years of service
4 credit, shall be entitled to have her widow's annuity
5 increased, effective January 1, 1991, to an amount equal to
6 50% of the retirement annuity that the deceased employee
7 received on the date of retirement, or would have been
8 eligible to receive if he had retired on the day preceding
9 the date of his death in service, provided that if the widow
10 had not attained age 60 by the date of the employee's
11 retirement or death in service, the amount of the annuity
12 shall be reduced by 0.25% for each month that her then
13 attained age was less than age 60 if the employee's
14 retirement or death in service occurred on or after January
15 1, 1988, or by 0.5% for each month that her attained age is
16 less than age 60 if the employee's retirement or death in
17 service occurred prior to January 1, 1988. However, in cases
18 where a refund of excess contributions for widow's annuity
19 has been paid by the Fund, the increase in benefit provided
20 by this subsection (i) shall be contingent upon repayment of
21 the refund to the Fund with interest at the effective rate
22 from the date of refund to the date of payment.
23 (j) If a deceased employee is receiving a retirement
24 annuity at the time of death and that death occurs on or
25 after June 27, 1997, the widow may elect to receive, in lieu
26 of any other annuity provided under this Article, 50% of the
27 deceased employee's retirement annuity at the time of death
28 reduced by 0.25% for each month that the widow's age on the
29 date of death is less than 55; except that if the employee
30 dies on or after January 1, 1998 and withdrew from service on
31 or after June 27, 1997 at age 50 or over with at least 30
32 years of service or at age 55 or over with at least 25 years
33 of service, there shall be no reduction due to the widow's
34 age if she has attained age 50 on or before the employee's
-54- LRB093 02820 LRD 20148 a
1 date of death, and if the widow has not attained age 50 on or
2 before the employee's date of death the amount otherwise
3 provided in this subsection (j) shall be reduced by 0.25% for
4 each month that her age on the date of death is less than 50
5 years. However, in cases where a refund of excess
6 contributions for widow's annuity has been paid by the Fund,
7 the benefit provided by this subsection (j) is contingent
8 upon repayment of the refund to the Fund with interest at the
9 effective rate from the date of refund to the date of
10 payment.
11 (k) For widows of employees who died before January 23,
12 1987 after retirement on annuity or in service, the maximum
13 dollar amount limitation on widow's annuity shall cease to
14 apply, beginning with the first annuity payment after the
15 effective date of this amendatory Act of 1997; except that if
16 a refund of excess contributions for widow's annuity has been
17 paid by the Fund, the increase resulting from this subsection
18 (k) shall not begin before the refund has been repaid to the
19 Fund, together with interest at the effective rate from the
20 date of the refund to the date of repayment.
21 (l) In lieu of any other annuity provided in this
22 Article, an eligible spouse of an employee who dies in
23 service on or after January 1, 2002 (regardless of whether
24 that death in service occurs prior toat least 60 days after
25 the effective date of this amendatory Act of the 93rd92nd
26 General Assembly) with at least 10 years of service shall be
27 entitled to an annuity of 50% of the minimum formula annuity
28 earned and accrued to the credit of the employee at the date
29 of death. For the purposes of this subsection, the minimum
30 formula annuity earned and accrued to the credit of the
31 employee is equal to 2.40% for each year of service of the
32 highest average annual salary for any 4 consecutive years
33 within the last 10 years of service immediately preceding the
34 date of death, up to a maximum of 80% of the highest average
-55- LRB093 02820 LRD 20148 a
1 annual salary. This annuity shall not be reduced due to the
2 age of the employee or spouse. In addition to any other
3 eligibility requirements under this Article, the spouse is
4 eligible for this annuity only if the marriage was in effect
5 for 10 full years or more.
6 (Source: P.A. 92-599, eff. 6-28-02.)
7 (40 ILCS 5/8-167) (from Ch. 108 1/2, par. 8-167)
8 Sec. 8-167. Restoration of rights. An employee who has
9 withdrawn as a refund the amounts credited for annuity
10 purposes, and who (i) re-enters service of the employer and
11 serves for periods comprising at least 90 days2 years after
12 the date of the last refund paid to him or (ii) has completed
13 at least 2 years of service under a participating system (as
14 defined in the Retirement Systems Reciprocal Act) other than
15 this Fund after the date of the last refund, shall have his
16 annuity rights restored by compliance with the following
17 provisions:
18 (a) After that 90 day orsuch 2 year period, whichever
19 applies, he shall repay in full to the fund, while in
20 service, in full all refunds received, together with interest
21 at the effective rate from the dates of refund to the date of
22 repayment.; or
23 (b) If payment is not made in a single sum, the
24 repayment may be made in installments by deductions from
25 salary or otherwise in such manner and amounts and manner as
26 the board, by rule, may prescribe, with interest at the
27 effective rate accruing on unpaid balances.; or
28 (c) If the employee withdraws from service or dies in
29 service before full repayment is made, service credit shall
30 be restored in accordance with Section 8-230.3(b).
31 (d) If the employee repays the refund while
32 participating in a participating system (as defined in the
33 Retirement Systems Reciprocal Act) other than this Fund, the
-56- LRB093 02820 LRD 20148 a
1 service credit restored must be used for a proportional
2 annuity calculated in accordance with the Retirement Systems
3 Reciprocal Act. If not so used, the restored service credit
4 shall be forfeited and the amount of the repayment shall be
5 refunded, without interest., such rights shall not be
6 restored, but the amount, including interest, repaid by him,
7 but without any further interest otherwise normally credited,
8 shall be refunded to him or to his widow, or in the manner
9 provided by the refund provisions of this Article if no widow
10 survives.
11 This Section applies also to any person who received a
12 refund from any annuity and benefit fund or pension fund
13 which was merged into and superseded by the annuity and
14 benefit fund provided for in this Article on or after
15 December 31, 1959. Upon repayment such person shall receive
16 credit for all annuity purposes in the annuity and benefit
17 fund provided for in this Article for the period of service
18 covered by the repaymentsuch refund.
19 The amount of refund repayment is considered as salary
20 deductions for age and service annuity and widow's annuity
21 purposes in the case of a male person. In the latter case the
22 amount of refund repayment is allocated in the applicable
23 proportion for age and service and widow's annuity purposes.
24 Such person shall also be credited with city contributions
25 for age and service annuity, and widow's annuity if a male
26 employee, in the amount which would have been credited and
27 accrued if such person had been a participant in and
28 contributor to the annuity and benefit fund provided for in
29 this Article during the period of such service on the basis
30 of his salary during such period.
31 (Source: P.A. 81-1536.)
32 (40 ILCS 5/8-172) (from Ch. 108 1/2, par. 8-172)
33 Sec. 8-172. Refunds - Transfer of city contributions.
-57- LRB093 02820 LRD 20148 a
1 Whenever any amount is refunded as provided in Sections 8-168
2 and 8-169, except in the case of a male employee who becomes
3 a widower while in service after he becomes age 65, the
4 amounts to the credit of the male employee from contributions
5 by the city, shall be transferred to the prior service
6 annuity reserve. Thereafter, except as otherwise provided in
7 Section 8-172.1, any such amounts shall become a credit to
8 the city and, with interest thereon at the effective rate, be
9 used to reduce the amount which the city would otherwise pay
10 during a succeeding year.
11 (Source: Laws 1963, p. 161.)
12 (40 ILCS 5/8-172.1 new)
13 Sec. 8-172.1. Transfer of city contributions for
14 paramedics.
15 (a) Municipality credits computed and credited under
16 this Article 8 for all persons who (1) accumulated service
17 credit in this Article 8 fund for service as a paramedic, (2)
18 have terminated that Article 8 service credit and received a
19 refund of contributions, and (3) are participants in the
20 Article 6 fund on the effective date of this amendatory Act
21 of the 93rd General Assembly shall be transferred by this
22 Article 8 fund to the Article 6 fund together with interest
23 at the rate of 11% per annum, compounded annually, to the
24 date of transfer. The city shall not be responsible for
25 making any additional employer contributions to the Fund to
26 replace the amounts transferred under this Section.
27 (b) Municipality credits computed and credited under
28 this Article 8 for all persons who (1) accumulated service
29 credit in this Article 8 fund for service as a paramedic, (2)
30 have terminated that Article 8 service credit and received a
31 refund of contributions, and (3) are not participants in the
32 Article 6 fund on the effective date of this amendatory Act
33 of the 93rd General Assembly shall be used as provided in
-58- LRB093 02820 LRD 20148 a
1 Section 8-172.
2 (40 ILCS 5/8-174) (from Ch. 108 1/2, par. 8-174)
3 Sec. 8-174. Contributions for age and service annuities
4 for present employees and future entrants. (a) Beginning on
5 the effective date and prior to July 1, 1947, 3 1/4%; and
6 beginning on July 1, 1947 and prior to July 1, 1953, 5%; and
7 beginning July 1, 1953, and prior to January 1, 1972, 6%; and
8 beginning January 1, 1972, 6-1/2% of each payment of the
9 salary of each present employee and future entrant shall be
10 contributed to the fund as a deduction from salary for age
11 and service annuity.
12 Such deductions beginning on the effective date and prior
13 to July 1, 1947 shall be made for a future entrant while he
14 is in the service until he attains age 65 and for a present
15 employee while he is in the service until the amount so
16 deducted from his salary with the amount deducted from his
17 salary or paid by him according to law to any municipal
18 pension fund in force on the effective date with interest on
19 both such amounts at 4% per annum equals the sum that would
20 have been to his credit from sums deducted from his salary if
21 deductions at the rate herein stated had been made during his
22 entire service until he attained age 65 with interest at 4%
23 per annum for the period subsequent to his attainment of age
24 65. Such deductions beginning July 1, 1947 shall be made and
25 continued for employees while in the service.
26 (b) Concurrently with each employee contribution
27 beginning on the effective date and prior to July 1, 1947 the
28 city shall contribute 5 3/4%; and beginning on July 1, 1947
29 and prior to July 1, 1953, 7%; and beginning July 1, 1953, 6%
30 of each payment of such salary until the employee attains age
31 65. Notwithstanding any provision of this subsection (b) to
32 the contrary, the city shall not make a contribution for any
33 credit established by an employee under subsection (b) of
-59- LRB093 02820 LRD 20148 a
1 Section 8-138.4.
2 (c) Each employee contribution made prior to the date
3 the age and service annuity for an employee is fixed and each
4 corresponding city contribution shall be credited to the
5 employee and allocated to the account of the employee for
6 whose benefit it is made.
7 (Source: P.A. 81-1536.)
8 (40 ILCS 5/8-174.1) (from Ch. 108 1/2, par. 8-174.1)
9 Sec. 8-174.1. Employer contributions on behalf of
10 employees.
11 (a) The employer may make and may incur an obligation to
12 make contributions on behalf of its employees in an amount
13 not to exceed the employee contributions required by Sections
14 8-137, 8-161, 8-174, 8-182 and 8-182.1 for all salary earned
15 after December 31, 1981. If such employee contributions are
16 not made or an obligation to make such contributions is not
17 incurred by the employer on behalf of its employees, the
18 amount that could have been contributed shall continue to be
19 deducted from salary. If employee contributions are made by
20 the employer on behalf of its employees, they shall be
21 treated as employer contributions in determining tax
22 treatment under the United States Internal Revenue Code;
23 however, each city shall continue to withhold Federal and
24 State income taxes based upon these contributions until the
25 Internal Revenue Service or the Federal courts rule that
26 pursuant to Section 414(h) of the United States Internal
27 Revenue Code, these contributions shall not be included as
28 gross income of the employee until such time as they are
29 distributed or made available. The employer may make these
30 contributions on behalf of its employees by a reduction in
31 the cash salary of the employee or by an offset against a
32 future salary increase or by a combination of a reduction in
33 salary and offset against a future salary increase. The
-60- LRB093 02820 LRD 20148 a
1 employer shall pay these employee contributions from the same
2 source of funds used in paying salary to the employee or, if
3 the employer is a Board of Education, it may also or
4 alternatively pay such contributions in whole or in part from
5 the proceeds of the pension contribution liability tax
6 authorized by Section 34-60.1 of the School Code, as amended.
7 If such a tax is levied with respect to any fiscal year of a
8 Board of Education, that portion of the contributions to be
9 paid by the Board of Education on behalf of its employees for
10 that fiscal year from the proceeds of such a tax shall not be
11 due and payable into the Fund until the collection, in the
12 calendar year following the calendar year in which such levy
13 was made, of the actual tax bills extending the second
14 installment of real estate taxes for the Board of Education
15 for that calendar year, pursuant to Section 21-30 of the
16 Property Tax Code, and such Board of Education shall not be
17 required to pay those contributions to be paid from the
18 proceeds of such a tax into the Fund except as collected from
19 the extension of the actual tax bills. If employee
20 contributions are made by the employer on behalf of its
21 employees, they shall be treated for all purposes of this
22 Article 8, including Section 8-173, in the same manner and to
23 the same extent as employee contributions made by employees
24 and deducted from salary; provided, however, that
25 contributions which are made by a Board of Education on
26 behalf of its employees shall not be treated as a pension or
27 retirement obligation of the Board of Education for purposes
28 of Section 12 of "An Act in relation to State revenue sharing
29 with local governmental entities", approved July 31, 1969, as
30 amended. For purposes of Section 8-173, contributions made
31 by a Board of Education on behalf of its employees shall be
32 treated as contributions made by or on behalf of employees to
33 the Fund for the fiscal year for which the Board of Education
34 incurred the obligation to make such contributions.
-61- LRB093 02820 LRD 20148 a
1 (b) Subject to the requirements of federal law and the
2 rules of the Board, the Fund may allow the employee to elect
3 to have the employer make on behalf of the employee the
4 optional contributions that the employee has elected to pay
5 to the Fund, and the contributions so made on the employee's
6 behalf shall be treated as employer contributions for the
7 purpose of determining federal tax treatment. The employer
8 shall make contributions on behalf of an employee by a
9 reduction in the cash salary of the employee and shall pay
10 contributions from the same source of funds that is used to
11 pay earnings of the employee. The election to have the
12 contributions made on the employee's behalf is irrevocable,
13 and the optional contributions may not thereafter be prepaid,
14 by direct payment or otherwise.
15 If the provision authorizing the optional contribution
16 requires payment by a stated date (rather than the date of
17 withdrawal or retirement), the requirement will be deemed to
18 have been satisfied if (i) on or before the stated date the
19 employee executes a valid irrevocable election to have the
20 contributions made on his or her behalf under this
21 subsection, and (ii) the contributions made on his or her
22 behalf are in fact paid to the Fund as provided in the
23 election.
24 If employee contributions are made by the employer on the
25 employee's behalf under this subsection, they shall be
26 treated for all purposes of this Article 8, including Section
27 8-173, in the same manner and to the same extent as optional
28 employee contributions made prior to the date made on the
29 employee's behalf.
30 (Source: P.A. 88-670, eff. 12-2-94.)
31 (40 ILCS 5/8-192) (from Ch. 108 1/2, par. 8-192)
32 Sec. 8-192. Board created. A board of 5 members shall
33 constitute a Board of Trustees authorized to carry out the
-62- LRB093 02820 LRD 20148 a
1 provisions of this Article. The board shall be known as the
2 Retirement Board of the Municipal Employees', Officers', and
3 Officials' Annuity and Benefit Fund of the city, or for the
4 sake of brevity may also be known and referred to as the
5 Retirement Board of the Municipal Employees' Annuity and
6 Benefit Fund of such city. The board shall consist of the
7 city comptroller, the city treasurer, and 3 members who shall
8 be employees, to be elected as follows:
9 Within 30 days after the effective date, the mayor of the
10 city shall arrange for and hold an election.
11 One employee shall be elected for a term ending on the
12 first day in the month of December of the first year next
13 following the effective date; one for a term ending December
14 1st of the following year; and one for a term ending on
15 December 1st of the second following year.
16 The city comptroller, with the approval of the board, may
17 appoint a designee from among employees of the city who are
18 versed in the affairs of the comptroller's office to act in
19 the absence of the comptroller on all matters pertaining to
20 administering the provisions of this Article.
21 The members of a Retirement Board of a municipal
22 employees', officers', and officials' annuity and benefit
23 fund holding office in a city at the time this Article
24 becomes effective, including elective and ex-officio members,
25 shall continue in office until the expiration of their terms
26 and until their respective successors are elected or
27 appointed and have qualified.
28 An employee member who takes advantage of the early
29 retirement incentives provided under this amendatory Act of
30 the 93rd General Assembly may continue as a member until the
31 end of his or her term.
32 (Source: P.A. 85-964.)
33 (40 ILCS 5/11-133.3 new)
-63- LRB093 02820 LRD 20148 a
1 Sec. 11-133.3. Early retirement incentive.
2 (a) To be eligible for the benefits provided in this
3 Section, an employee must:
4 (1) be a current contributor to the Fund who (i) on
5 October 15, 2003, is in active payroll status as an
6 employee; (ii) returns to active payroll status from an
7 approved leave of absence prior to December 15, 2003; or
8 (iii) on October 15, 2003, is receiving ordinary or duty
9 disability benefits under Section 11-155 or 11-156;
10 (2) have not previously retired under this Article;
11 (3) file with the Board before December 15, 2003, a
12 written election requesting the benefits provided in this
13 Section;
14 (4) withdraw from service on or after December 31,
15 2003 and on or before January 31, 2004 (or the date
16 established under subsection (a-5), if applicable); and
17 (5) by the date of withdrawal or by January 31,
18 2004, whichever is earlier, have attained age 50 with at
19 least 10 years of creditable service in this Fund,
20 without including any creditable service established
21 under this Section, and a total of at least 70 combined
22 years of age and creditable service, without including
23 any creditable service established under this Section, in
24 one or more of the participating systems under the
25 Retirement Systems Reciprocal Act.
26 A person is not eligible for the benefits provided in
27 this Section if the person elects to receive a retirement
28 annuity calculated under the alternative formula formerly set
29 forth in Section 20-122.
30 (a-5) To ensure that the efficient operation of
31 employers under this Article is not jeopardized by the
32 simultaneous retirement of large numbers of critical
33 personnel, each employer may, for its critical employees,
34 extend the January 31, 2004 deadline for terminating
-64- LRB093 02820 LRD 20148 a
1 employment under this Article established in subdivision
2 (a)(4) of this Section to a date not later than April 30,
3 2004 by so notifying the Fund by December 31, 2003.
4 (b) An eligible employee may establish up to 5 years of
5 creditable service under this Section, in increments of one
6 month, by making the contributions specified in subsection
7 (d). In addition, for each month of creditable service
8 established under this Section, a person's age at retirement
9 shall be deemed to be one month older than it actually is,
10 except for determination of eligibility for automatic annual
11 increases under Sections 11-134.1 and 11-134.3. Furthermore,
12 an eligible employee must establish at least the amount of
13 age and creditable service necessary to bring his or her age
14 and total creditable service, including service in this Fund,
15 service established under this Section, and service in any of
16 the other participating systems under the Retirement Systems
17 Reciprocal Act, to a minimum that will satisfy the
18 requirements of Section 11-134.
19 The creditable service under this Section may be used for
20 all purposes under this Article and the Retirement Systems
21 Reciprocal Act, except for the computation of average annual
22 salary and the determination of salary, earnings, or
23 compensation under this or any other Article of this Code.
24 (c) An eligible employee shall be entitled to have his
25 or her retirement annuity calculated in accordance with the
26 formula provided in Section 11-134, except that the annuity
27 shall not be subject to reduction because of withdrawal or
28 commencement of the annuity before attainment of age 60.
29 (d) For each month of creditable service established
30 under this Section, the employee must pay to the Fund an
31 employee contribution, to be calculated by the Fund, equal to
32 4.25% of the member's monthly salary rate on October 15,
33 2003. The employee may elect to pay the entire contribution
34 before the retirement annuity commences, or to have it
-65- LRB093 02820 LRD 20148 a
1 deducted from the annuity over a period not longer than 24
2 months. If the retired employee dies before the contribution
3 has been paid in full, the unpaid installments may be
4 deducted from any annuity or other benefit payable to the
5 employee's survivors.
6 All employee contributions paid under this Section shall
7 not be deemed contributions made by employees for annuity
8 purposes under Section 11-169, and shall be made and credited
9 to a special reserve, without interest. Employee
10 contributions paid under this Section may be refunded under
11 the same terms and conditions as are applicable to other
12 employee contributions for retirement annuity.
13 (e) Notwithstanding Section 11-161, an annuitant who
14 reenters service under this Article after receiving a
15 retirement annuity based on benefits provided under this
16 Section thereby forfeits the right to continue to receive
17 those benefits, and shall have his or her retirement annuity
18 recalculated at the appropriate time without the benefits
19 provided in this Section.
20 (40 ILCS 5/11-133.4 new)
21 Sec. 11-133.4. Early retirement incentive for employees
22 who have earned maximum pension benefits.
23 (a) A person who is eligible for the benefits provided
24 under Section 11-133.3 and who, if he or she had retired on
25 or before January 31, 2004, would have been entitled to a
26 pension equal to 80% of his or her highest average annual
27 salary for any 4 consecutive years within the last 10 years
28 of service immediately preceding January 31, 2004 without
29 receiving the benefits provided in Section 11-133.3, may
30 elect, by filing a written election with the Fund by December
31 15, 2003, to receive a lump sum from the Fund equal to 100%
32 of his or her salary on January 31, 2004 or the date of
33 withdrawal, whichever is earlier. To be eligible to receive
-66- LRB093 02820 LRD 20148 a
1 the benefit provided under this Section, the person must
2 withdraw from service on or after December 31, 2003 and on or
3 before January 31, 2004 (or the date established under
4 subsection (b), if applicable). If a person elects to
5 receive the benefit provided under this Section, his or her
6 retirement annuity otherwise payable under Section 11-134
7 shall be reduced by an amount equal to the actuarial
8 equivalent of the lump sum.
9 (b) To ensure that the efficient operation of employers
10 under this Article is not jeopardized by the simultaneous
11 retirement of large numbers of critical personnel, each
12 employer may, for its critical employees, extend the January
13 31, 2004 deadline for terminating employment under this
14 Article established in subdivision (a) of this Section to a
15 date not later than April 30, 2004 by so notifying the Fund
16 by December 31, 2003.
17 (40 ILCS 5/11-134.1) (from Ch. 108 1/2, par. 11-134.1)
18 Sec. 11-134.1. Automatic increase in annuity.
19 (a) An employee who retired or retires from service
20 after December 31, 1963, and before January 1, 1987, having
21 attained age 60 or more, shall, in the month of January of
22 the year following the year in which the first anniversary of
23 retirement occurs, have the amount of his then fixed and
24 payable monthly annuity increased by 1 1/2%, and such first
25 fixed annuity as granted at retirement increased by a further
26 1 1/2% in January of each year thereafter. Beginning with
27 January of the year 1972, such increases shall be at the rate
28 of 2% in lieu of the aforesaid specified 1 1/2%. Beginning
29 January, 1984, such increases shall be at the rate of 3%.
30 Beginning in January of 1999, such increases shall be at the
31 rate of 3% of the currently payable monthly annuity,
32 including any increases previously granted under this
33 Article. An employee who retires on annuity after December
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1 31, 1963 and before January 1, 1987, but prior to age 60,
2 shall receive such increases beginning with January of the
3 year immediately following the year in which he attains the
4 age of 60 years.
5 An employee who retires from service on or after January
6 1, 1987 shall, upon the first annuity payment date following
7 the first anniversary of the date of retirement, or upon the
8 first annuity payment date following attainment of age 60,
9 whichever occurs later, have his then fixed and payable
10 monthly annuity increased by 3%, and such annuity shall be
11 increased by an additional 3% of the original fixed annuity
12 on the same date each year thereafter. Beginning in January
13 of 1999, such increases shall be at the rate of 3% of the
14 currently payable monthly annuity, including any increases
15 previously granted under this Article.
16 (a-5) Notwithstanding the provisions of subsection (a),
17 upon the first annuity payment date following (1) the third
18 anniversary of retirement, (2) the attainment of age 53, or
19 (3) January 1, 2002, the date 60 days after the effective
20 date of this amendatory Act of the 92nd General Assembly,
21 whichever occurs latest, the monthly annuity of an employee
22 who retires on annuity prior to the attainment of age 60 and
23 who has not received an increase under subsection (a) shall
24 be increased by 3%, and the such annuity shall be increased
25 by an additional 3% of the current payable monthly annuity,
26 including any such increases previously granted under this
27 Article, on the same date each year thereafter. The
28 increases provided under this subsection are in lieu of the
29 increases provided in subsection (a).
30 (a-6) Notwithstanding the provisions of subsections (a)
31 and (a-5), for all calendar years following the year in which
32 this amendatory Act of the 93rd General Assembly takes
33 effect, an increase in annuity under this Section that would
34 otherwise take effect at any time during the year shall
-68- LRB093 02820 LRD 20148 a
1 instead take effect in January of that year.
2 (b) Subsections (a),and (a-5), and (a-6) are not
3 applicable to an employee retiring and receiving a term
4 annuity, as defined in this Article, nor to any otherwise
5 qualified employee who retires before he shall have made
6 employee contributions (at the 1/2 of 1% rate as hereinafter
7 provided) for the purposes of this additional annuity for not
8 less than the equivalent of one full year. Such employee,
9 however, shall make arrangement to pay to the fund a balance
10 of such 1/2 of 1% contributions, based on his final salary,
11 as will bring such 1/2 of 1% contributions, computed without
12 interest, to the equivalent of or completion of one year's
13 contributions.
14 Beginning with the month of January, 1964, each employee
15 shall contribute by means of salary deductions 1/2 of 1% of
16 each salary payment, concurrently with and in addition to the
17 employee contributions otherwise made for annuity purposes.
18 Each such additional employee contribution shall be
19 credited to an account in the prior service annuity reserve,
20 to be used, together with city contributions, to defray the
21 cost of the specified annuity increments. Any balance as of
22 the beginning of each calendar year existing in such account
23 shall be credited with interest at the rate of 3% per annum.
24 Such employee contributions shall not be subject to
25 refund, except to an employee who resigns or is discharged
26 and applies for refund under this Article, and also in cases
27 where a term annuity becomes payable.
28 In such cases the employee contributions shall be
29 refunded him, without interest, and charged to the
30 aforementioned account in the prior service annuity reserve.
31 (Source: P.A. 92-599, eff. 6-28-02; 92-609, eff. 7-1-02;
32 revised 8-26-02.)
33 (40 ILCS 5/11-145.1) (from Ch. 108 1/2, par. 11-145.1)
-69- LRB093 02820 LRD 20148 a
1 Sec. 11-145.1. Minimum annuities for widows.
2 The widow otherwise eligible for widow's annuity under
3 other Sections of this Article 11, of an employee hereinafter
4 described, who retires from service or dies while in the
5 service subsequent to the effective date of this amendatory
6 provision, and for which widow the amount of widow's annuity
7 and widow's prior service annuity combined, fixed or provided
8 for such widow under other provisions of said Article 11 is
9 less than the amount hereinafter provided in this section,
10 shall, from and after the date her otherwise provided annuity
11 would begin, in lieu of such otherwise provided widow's and
12 widow's prior service annuity, be entitled to the following
13 indicated amount of annuity:
14 (a) The widow of any employee who dies while in service
15 on or after the date on which he attains age 60 if the death
16 occurs before July 1, 1990, or on or after the date on which
17 he attains age 55 if the death occurs on or after July 1,
18 1990, with at least 20 years of service, or on or after the
19 date on which he attains age 50 if the death occurs on or
20 after the effective date of this amendatory Act of 1997 with
21 at least 30 years of service, shall be entitled to an annuity
22 equal to one-half of the amount of annuity which her deceased
23 husband would have been entitled to receive had he withdrawn
24 from the service on the day immediately preceding the date of
25 his death, conditional upon such widow having attained age 60
26 on or before such date if the death occurs before July 1,
27 1990, or age 55 if the death occurs on or after July 1, 1990,
28 or age 50 if the death occurs on or after January 1, 1998 and
29 the employee is age 50 or over with at least 30 years of
30 service or age 55 or over with at least 25 years of service.
31 Except as provided in subsection (j), the widow's annuity
32 shall not, however, exceed the sum of $500 a month if the
33 employee's death in service occurs before January 23, 1987.
34 The widow's annuity shall not be limited to a maximum dollar
-70- LRB093 02820 LRD 20148 a
1 amount if the employee's death in service occurs on or after
2 January 23, 1987.
3 If the employee dies in service before July 1, 1990, and
4 if such widow of such described employee shall not be 60 or
5 more years of age on such date of death, the amount provided
6 in the immediately preceding paragraph for a widow 60 or more
7 years of age, shall, in the case of such younger widow, be
8 reduced by 0.25% for each month that her then attained age is
9 less than 60 years if the employee was born before January 1,
10 1936, or dies in service on or after January 1, 1988, or 0.5%
11 for each month that her then attained age is less than 60
12 years if the employee was born on or after January 1, 1936
13 and dies in service before January 1, 1988.
14 If the employee dies in service on or after July 1, 1990,
15 and if the widow of the employee has not attained age 55 on
16 or before the employee's date of death, the amount otherwise
17 provided in this subsection (a) shall be reduced by 0.25% for
18 each month that her then attained age is less than 55 years;
19 except that if the employee dies in service on or after
20 January 1, 1998 at age 50 or over with at least 30 years of
21 service or at age 55 or over with at least 25 years of
22 service, there shall be no reduction due to the widow's age
23 if she has attained age 50 on or before the employee's date
24 of death, and if the widow has not attained age 50 on or
25 before the employee's date of death the amount otherwise
26 provided in this subsection (a) shall be reduced by 0.25% for
27 each month that her then attained age is less than 50 years.
28 (b) The widow of any employee who dies subsequent to the
29 date of his retirement on annuity, and who so retired on or
30 after the date on which he attained age 60 if retirement
31 occurs before July 1, 1990, or on or after the date on which
32 he attained age 55 if retirement occurs on or after July 1,
33 1990, with at least 20 years of service, or on or after the
34 date on which he attained age 50 if the retirement occurs on
-71- LRB093 02820 LRD 20148 a
1 or after the effective date of this amendatory Act of 1997
2 with at least 30 years of service, shall be entitled to an
3 annuity equal to one-half of the amount of annuity which her
4 deceased husband received as of the date of his retirement on
5 annuity, conditional upon such widow having attained age 60
6 on or before the date of her husband's retirement on annuity
7 if retirement occurs before July 1, 1990, or age 55 if
8 retirement occurs on or after July 1, 1990, or age 50 if the
9 retirement on annuity occurs on or after January 1, 1998 and
10 the employee is age 50 or over with at least 30 years of
11 service or age 55 or over with at least 25 years of service.
12 Except as provided in subsection (j), this widow's annuity
13 shall not, however, exceed the sum of $500 a month if the
14 employee's death occurs before January 23, 1987. The widow's
15 annuity shall not be limited to a maximum dollar amount if
16 the employee's death occurs on or after January 23, 1987,
17 regardless of the date of retirement; provided that, if
18 retirement was before January 23, 1987, the employee or
19 eligible spouse repays the excess spouse refund with interest
20 at the effective rate from the date of refund to the date of
21 repayment.
22 If the date of the employee's retirement on annuity is
23 before July 1, 1990, and if such widow of such described
24 employee shall not have attained such age of 60 or more years
25 on such date of her husband's retirement on annuity, the
26 amount provided in the immediately preceding paragraph for a
27 widow 60 or more years of age on the date of her husband's
28 retirement on annuity, shall, in the case of such then
29 younger widow, be reduced by 0.25% for each month that her
30 then attained age was less than 60 years if the employee was
31 born before January 1, 1936, or withdraws from service on or
32 after January 1, 1988, or 0.5% for each month that her then
33 attained age was less than 60 years if the employee was born
34 on or after January 1, 1936 and withdraws from service before
-72- LRB093 02820 LRD 20148 a
1 January 1, 1988.
2 If the date of the employee's retirement on annuity is on
3 or after July 1, 1990, and if the widow of the employee has
4 not attained age 55 by the date of the employee's retirement
5 on annuity, the amount otherwise provided in this subsection
6 (b) shall be reduced by 0.25% for each month that her then
7 attained age is less than 55 years; except that if the
8 employee retires on annuity on or after January 1, 1998 at
9 age 50 or over with at least 30 years of service or at age 55
10 or over with at least 25 years of service, there shall be no
11 reduction due to the widow's age if she has attained age 50
12 on or before the employee's date of death, and if the widow
13 has not attained age 50 on or before the employee's date of
14 death the amount otherwise provided in this subsection (b)
15 shall be reduced by 0.25% for each month that her then
16 attained age is less than 50 years.
17 (c) The foregoing provisions relating to minimum
18 annuities for widows shall not apply to the widow of any
19 former employee receiving an annuity from the fund on August
20 2, 1965 or on the effective date of this amendatory
21 provision, who re-enters service as a former employee, unless
22 such employee renders at least 3 years of additional service
23 after the date of re-entry.
24 (d) (Blank).
25 (e) (Blank).
26 (f) The amendments to this Section by this amendatory
27 Act of 1985, relating to changing the discount because of age
28 from 1/2 of 1% to 0.25% per month for widows of employees
29 born before January 1, 1936, shall apply only to qualifying
30 widows whose husbands die while in the service on or after
31 August 16, 1985 or withdraw and enter on annuity on or after
32 August 16, 1985.
33 (g) Beginning on January 1, 1999, the minimum amount of
34 widow's annuity shall be $800 per month for life for the
-73- LRB093 02820 LRD 20148 a
1 following classes of widows, without regard to the fact that
2 the death of the employee occurred prior to the effective
3 date of this amendatory Act of 1998:
4 (1) any widow annuitant alive and receiving a term
5 annuity on the effective date of this amendatory Act of
6 1998, except a reciprocal annuity;
7 (2) any widow annuitant alive and receiving a life
8 annuity on the effective date of this amendatory Act of
9 1998, except a reciprocal annuity;
10 (3) any widow annuitant alive and receiving a
11 reciprocal annuity on the effective date of this
12 amendatory Act of 1998, whose employee spouse's service
13 in this fund was at least 5 years;
14 (4) the widow of an employee with at least 10 years
15 of service in this fund who dies after retirement, if the
16 retirement occurred prior to the effective date of this
17 amendatory Act of 1998;
18 (5) the widow of an employee with at least 10 years
19 of service in this fund who dies after retirement, if
20 withdrawal occurs on or after the effective date of this
21 amendatory Act of 1998;
22 (6) the widow of an employee who dies in service
23 with at least 5 years of service in this fund, if the
24 death in service occurs on or after the effective date of
25 this amendatory Act of 1998.
26 The increases granted under items (1), (2), (3) and (4)
27 of this subsection (g) shall not be limited by any other
28 Section of this Act.
29 (h) The widow of an employee who retired or died in
30 service on or after January 1, 1985 and before July 1, 1990,
31 at age 55 or older, and with at least 35 years of service
32 credit, shall be entitled to have her widow's annuity
33 increased, effective January 1, 1991, to an amount equal to
34 50% of the retirement annuity that the deceased employee
-74- LRB093 02820 LRD 20148 a
1 received on the date of retirement, or would have been
2 eligible to receive if he had retired on the day preceding
3 the date of his death in service, provided that if the widow
4 had not attained age 60 by the date of the employee's
5 retirement or death in service, the amount of the annuity
6 shall be reduced by 0.25% for each month that her then
7 attained age was less than age 60 if the employee's
8 retirement or death in service occurred on or after January
9 1, 1988, or by 0.5% for each month that her attained age is
10 less than age 60 if the employee's retirement or death in
11 service occurred prior to January 1, 1988. However, in cases
12 where a refund of excess contributions for widow's annuity
13 has been paid by the Fund, the increase in benefit provided
14 by this subsection (h) shall be contingent upon repayment of
15 the refund to the Fund with interest at the effective rate
16 from the date of refund to the date of payment.
17 (i) If a deceased employee is receiving a retirement
18 annuity at the time of death and that death occurs on or
19 after June 27, 1997, the widow may elect to receive, in lieu
20 of any other annuity provided under this Article, 50% of the
21 deceased employee's retirement annuity at the time of death
22 reduced by 0.25% for each month that the widow's age on the
23 date of death is less than 55; except that if the employee
24 dies on or after January 1, 1998 and withdrew from service on
25 or after June 27, 1997 at age 50 or over with at least 30
26 years of service or at age 55 or over with at least 25 years
27 of service, there shall be no reduction due to the widow's
28 age if she has attained age 50 on or before the employee's
29 date of death, and if the widow has not attained age 50 on or
30 before the employee's date of death the amount otherwise
31 provided in this subsection (i) shall be reduced by 0.25% for
32 each month that her age on the date of death is less than 50
33 years. However, in cases where a refund of excess
34 contributions for widow's annuity has been paid by the Fund,
-75- LRB093 02820 LRD 20148 a
1 the benefit provided by this subsection (i) is contingent
2 upon repayment of the refund to the Fund with interest at the
3 effective rate from the date of refund to the date of
4 payment.
5 (j) For widows of employees who died before January 23,
6 1987 after retirement on annuity or in service, the maximum
7 dollar amount limitation on widow's annuity shall cease to
8 apply, beginning with the first annuity payment after the
9 effective date of this amendatory Act of 1997; except that if
10 a refund of excess contributions for widow's annuity has been
11 paid by the Fund, the increase resulting from this subsection
12 (j) shall not begin before the refund has been repaid to the
13 Fund, together with interest at the effective rate from the
14 date of the refund to the date of repayment.
15 (k) In lieu of any other annuity provided in this
16 Article, an eligible spouse of an employee who dies in
17 service on or after January 1, 2002 (regardless of whether
18 that death in service occurs prior toat least 60 days after
19 the effective date of this amendatory Act of the 93rd92nd
20 General Assembly) with at least 10 years of service shall be
21 entitled to an annuity of 50% of the minimum formula annuity
22 earned and accrued to the credit of the employee at the date
23 of death. For the purposes of this subsection, the minimum
24 formula annuity earned and accrued to the credit of the
25 employee is equal to 2.40% for each year of service of the
26 highest average annual salary for any 4 consecutive years
27 within the last 10 years of service immediately preceding the
28 date of death, up to a maximum of 80% of the highest average
29 annual salary. This annuity shall not be reduced due to the
30 age of the employee or spouse. In addition to any other
31 eligibility requirements under this Article, the spouse is
32 eligible for this annuity only if the marriage was in effect
33 for 10 full years or more.
34 (Source: P.A. 92-599, eff. 6-28-02.)
-76- LRB093 02820 LRD 20148 a
1 (40 ILCS 5/11-163) (from Ch. 108 1/2, par. 11-163)
2 Sec. 11-163. Restoration of rights. An employee who has
3 withdrawn as a refund the amounts credited for annuity
4 purposes, and who (i) re-enters service of the employer and
5 serves for periods comprising at least 90 days2 years after
6 the date of the last refund paid to him or (ii) has completed
7 at least 2 years of service under a participating system (as
8 defined in the Retirement Systems Reciprocal Act) other than
9 this Fund after the date of the last refund, shall have his
10 annuity rights restored by making application to the board in
11 writing for the privilege of re-instating such rights and by
12 compliance with the following provisions:
13 (a) After that 90 day or 2 year period, whichever
14 applies, he shall repay in full to the Fund, while in
15 service, in full all refunds received, together with
16 interest at the effective rate from the application dates
17 of such refund or refunds to the date of repayment.;
18 (b) If payment is not made in a single sum,
19 repayment may be made in installments by deductions from
20 salary or otherwise, in such manner and amounts as the
21 board, by rule, may prescribe, with interest at the
22 effective rate accruing on the unpaid balanceemployee
23 may elect. The employee shall be credited with interest
24 at the effective rate from the date of each installment
25 until full repayment is made.
26 (c) If the employee withdraws from service or dies
27 in service before full repayment is made, service credit
28 shall be restored in accordance with Section 11-221.2(b).
29 (d) If the employee withdraws from service or dies
30 in serviceor during the required 90 day or 2 year
31 period, any repayments made shall be refunded, without
32 interest thereon and in accordance with the refund
33 provisions of this Article.
34 (e) If the employee repays the refund while
-77- LRB093 02820 LRD 20148 a
1 participating in a participating system (as defined in
2 the Retirement Systems Reciprocal Act) other than this
3 Fund, the service credit restored must be used for a
4 proportional annuity calculated in accordance with the
5 Retirement Systems Reciprocal Act. If not so used, the
6 restored service credit shall be forfeited and the amount
7 of the repayment shall be refunded, without interest.
8 (Source: Laws 1963, p. 161.)
9 (40 ILCS 5/11-167) (from Ch. 108 1/2, par. 11-167)
10 Sec. 11-167. Refunds in lieu of annuity. In lieu of an
11 annuity, an employee who withdraws, and whose annuity would
12 amount to less than $800 a month for life may elect to
13 receive a refund of the total sum accumulated to his credit
14 from employee contributions for annuity purposes.
15 The widow of any employee, eligible for annuity upon the
16 death of her husband, whose annuity would amount to less than
17 $800 a month for life, may, in lieu of a widow's annuity,
18 elect to receive a refund of the accumulated contributions
19 for annuity purposes, based on the amounts contributed by her
20 deceased employee husband, but reduced by any amounts
21 theretofore paid to him in the form of an annuity or refund
22 out of such accumulated contributions.
23 Accumulated contributions shall mean the amounts
24 including interest credited thereon contributed by the
25 employee for age and service and widow's annuity to the date
26 of his withdrawal or death, whichever first occurs, and
27 including the accumulations from any amounts contributed for
28 him as salary deductions while receiving duty disability
29 benefits; provided that such amounts contributed by the city
30 after December 31, 1983 while the employee is receiving duty
31 disability benefits and amounts credited to the employee for
32 annuity purposes by the fund after December 31, 2000 while
33 the employee is receiving ordinary disability benefits shall
-78- LRB093 02820 LRD 20148 a
1 not be included.
2 The acceptance of such refund in lieu of widow's annuity,
3 on the part of a widow, shall not deprive a child or children
4 of the right to receive a child's annuity as provided for in
5 Sections 11-153 and 11-154 of this Article, and neither shall
6 the payment of a child's annuity in the case of such refund
7 to a widow reduce the amount herein set forth as refundable
8 to such widow electing a refund in lieu of widow's annuity.
9 (Source: P.A. 91-887, eff. 7-6-00; 92-599, eff. 6-28-02;
10 revised 10-22-02.)
11 (40 ILCS 5/11-170.1) (from Ch. 108 1/2, par. 11-170.1)
12 Sec. 11-170.1. Pickup of employee contributions.
13 (a) The employer may pick up the employee contributions
14 required by Sections 11-156, 11-170, 11-174 and 11-175.1 for
15 salary earned after December 31, 1981. If employee
16 contributions are not picked up, the amount that would have
17 been picked up under this amendatory Act of 1980 shall
18 continue to be deducted from salary. If contributions are
19 picked up they shall be treated as employer contributions in
20 determining tax treatment under the United States Internal
21 Revenue Code; however, the employer shall continue to
22 withhold Federal and state income taxes based upon these
23 contributions until the Internal Revenue Service or the
24 Federal courts rule that pursuant to Section 414(h) of the
25 United States Internal Revenue Code, these contributions
26 shall not be included as gross income of the employee until
27 such time as they are distributed or made available. The
28 employer shall pay these employee contributions from the same
29 source of funds which is used in paying salary to the
30 employee. The employer may pick up these contributions by a
31 reduction in the cash salary of the employee or by an offset
32 against a future salary increase or by a combination of a
33 reduction in salary and offset against a future salary
-79- LRB093 02820 LRD 20148 a
1 increase. If employee contributions are picked up they shall
2 be treated for all purposes of this Article 11, including
3 Section 11-169, in the same manner and to the same extent as
4 employee contributions made prior to the date picked up.
5 (b) Subject to the requirements of federal law and the
6 rules of the Board, the Fund may allow the employee to elect
7 to have the employer pick up the optional contributions that
8 the employee has elected to pay to the Fund, and the
9 contributions so picked up shall be treated as employer
10 contributions for the purpose of determining federal tax
11 treatment. The employer shall pick up the contributions by a
12 reduction in the cash salary of the employee and shall pay
13 contributions from the same source of funds that is used to
14 pay earnings of the employee. The election to have the
15 contributions picked up is irrevocable, and the optional
16 contributions may not thereafter be prepaid, by direct
17 payment or otherwise.
18 If the provision authorizing the optional contribution
19 requires payment by a stated date (rather than the date of
20 withdrawal or retirement), the requirement will be deemed to
21 have been satisfied if (i) on or before the stated date the
22 employee executes a valid irrevocable election to have the
23 contributions picked up under this subsection, and (ii) the
24 picked-up contributions are in fact paid to the Fund as
25 provided in the election.
26 If employee contributions are picked up under this
27 subsection, they shall be treated for all purposes of this
28 Article 11, including Section 11-169, in the same manner and
29 to the same extent as optional employee contributions made
30 prior to the date picked up.
31 (Source: P.A. 81-1536.)
32 (40 ILCS 5/11-178) (from Ch. 108 1/2, par. 11-178)
33 Sec. 11-178. Contributions by city for prior service
-80- LRB093 02820 LRD 20148 a
1 annuities and other benefits.
2 The city shall make contributions to provide prior
3 service and widow's prior service annuities, and other
4 annuities and benefits, as follows:
5 1. To credit to the city contribution reserve such
6 amounts required from the city but not contributed by it for
7 age and service and prior service annuities, and widow's
8 annuities and widows' prior service annuities;
9 2. To meet such part of any minimum annuity as shall be
10 in excess of the age and service annuity and prior service
11 annuity, and to meet such part of any minimum widow's annuity
12 in excess of the amount of widow's annuity and widow's prior
13 service annuity;
14 3. To provide a sufficient balance in the investment and
15 interest reserve to permit a transfer from that reserve to
16 other reserves of the fund. Whenever the balance of the
17 investment and interest reserve is not sufficient to permit a
18 transfer from that reserve to any other reserve, the city
19 shall contribute sums sufficient to make possible such
20 transfer;
21 4. An amount equal to the difference between (1) the sum
22 produced by the tax levy stated in Section 11--169 and (2)
23 all sums required for the purposes of this Article 11 in
24 accordance with the provisions of this Article 11 except
25 those stated in this Section, shall be applied for purposes
26 of this Section.
27 Provided that if in any year such total sums together
28 with all other sums required during such year for the other
29 purposes of the fund, are in excess of the total amount
30 contributed by the city during such year, the sums required
31 for purposes other than those stated in this section shall
32 first be provided for. The balance shall then be applied for
33 the purposes stated in this section.
34 All such contributions shall be credited to the prior
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1 service annuity reserve. When the balance of this reserve
2 equals its liabilities (including in addition to all other
3 liabilities, the present values of all annuities, present or
4 prospective, according to the applicable mortality tables and
5 rates of interest, but excluding any liabilities arising
6 under Sections 11-133.3 and 11-133.4), the city shall cease
7 to contribute the sum stated in this section.
8 If annexation of territory and the employment by the city
9 of any person employed as a city laborer in any such
10 territory at the time of annexation, after the city has
11 ceased to contribute as herein provided, results in
12 additional liabilities for prior service annuity and widow's
13 prior service annuity for any such employee, contributions by
14 the city for such purposes shall be resumed.
15 Notwithstanding any provision in this Section to the
16 contrary, the city shall not make a contribution for credit
17 established by an employee under subsection (b) of Section
18 11-133.3.
19 (Source: Laws 1965, p. 2292.)
20 (40 ILCS 5/11-181) (from Ch. 108 1/2, par. 11-181)
21 Sec. 11-181. Board created. A board of 8 members shall
22 constitute the board of trustees authorized to carry out the
23 provisions of this Article. The board shall be known as the
24 Retirement Board of the Laborers' and Retirement Board
25 Employees' Annuity and Benefit Fund of the city. The board
26 shall consist of 5 persons appointed and 2 employees and one
27 annuitant elected in the manner hereinafter prescribed.
28 The appointed members of the board shall be appointed as
29 follows:
30 One member shall be appointed by the comptroller of the
31 city, who may be himself or anyone chosen from among
32 employees of the city who are versed in the affairs of the
33 comptroller's office; one member shall be appointed by the
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1 City Treasurer of the city, who may be himself or a person
2 chosen from among employees of the city who are versed in the
3 affairs of the City Treasurer's office; one member shall be
4 an employee of the city appointed by the president of the
5 local labor organization representing a majority of the
6 employees participating in the Fund; and 2 members shall be
7 appointed by the civil service commission or the Department
8 of Personnel of the city from among employees of the city who
9 are versed in the affairs of the civil service commission's
10 office or the Department of Personnel.
11 The member appointed by the comptroller shall hold office
12 for a term ending on December 1st of the first year following
13 the year of appointment. The member appointed by the City
14 Treasurer shall hold office for a term ending on December 1st
15 of the second year following the year of appointment. The
16 member appointed by the civil service commission shall hold
17 office for a term ending on the first day in the month of
18 December of the third year following the year of appointment.
19 The additional member appointed by the civil service
20 commission under this amendatory Act of 1998 shall hold
21 office for an initial term ending on December 1, 2000, and
22 the member appointed by the labor organization president
23 shall hold office for an initial term ending on December 1,
24 2001. Thereafter each appointive member shall be appointed
25 by the officer or body that appointed his predecessor, for a
26 term of 3 years.
27 The 2 employee members of the board shall be elected as
28 follows:
29 Within 30 days from and after the appointive members have
30 been appointed and have qualified, the appointive members
31 shall arrange for and hold an election.
32 One employee shall be elected for a term ending on
33 December 1st of the first year next following the effective
34 date; one for a term ending on December 1st of the following
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1 year.
2 An employee member who takes advantage of the early
3 retirement incentives provided under this amendatory Act of
4 the 93rd General Assembly may continue as a member until the
5 end of his or her term.
6 The initial annuitant member shall be appointed by the
7 other members of the board for an initial term ending on
8 December 1, 1999. The annuitant member elected in 1999 shall
9 be deemed to have been elected for a 3-year term ending on
10 December 1, 2002. Thereafter, the annuitant member shall be
11 elected for a 3-year term ending on December 1st of the third
12 year following the election.
13 (Source: P.A. 90-766, eff. 8-14-98; 91-887, eff. 7-6-00.)
14 (40 ILCS 5/12-133) (from Ch. 108 1/2, par. 12-133)
15 Sec. 12-133. Fixed benefit retirement annuity.
16 (a) Subject to the provisions of paragraph (b) of this
17 Section, the retirement annuity for any employee who
18 withdraws from service on or after January 1, 1983 and before
19 January 1, 1990, at age 60 or over, having at least 4 years
20 of service, shall be 1.70% for each of the first 10 years of
21 service; 2.00% for each of the next 10 years of service;
22 2.40% for each year of service in excess of 20 but not
23 exceeding 30; and 2.80% for each year of service in excess of
24 30, with a pro-rated amount for service of less than a full
25 year, based upon the highest average annual salary for any 4
26 consecutive years within the last 10 years of service
27 immediately preceding the date of withdrawal, provided that:
28 (1) if retirement of the employee occurs below age 60, such
29 annuity shall be reduced 1/2 of 1% for each month or fraction
30 thereof that the employee's age is less than 60, except that
31 an employee retiring at age 55 or over but less than age 60,
32 having at least 35 years of service, shall not be subject to
33 the reduction in his retirement annuity because of retirement
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1 below age 60; (2) the annuity shall not exceed 75% of such
2 average annual salary; (3) the actual salary shall be
3 considered in the computation of this annuity.
4 The retirement annuity for any employee who withdraws
5 from service on or after January 1, 1990 and prior to
6 December 31, 2003 at age 50 or over with at least 10 years of
7 service, or at age 60 or over with at least 4 years of
8 service, shall be 1.90% for each of the first 10 years of
9 service, 2.20% for each of the next 10 years of service,
10 2.40% for each of the next 10 years of service, and 2.80% for
11 each year of service in excess of 30, with a pro-rated amount
12 for service of less than a full year, based upon the highest
13 average annual salary for any 4 consecutive years within the
14 last 10 years of service immediately preceding the date of
15 withdrawal, provided that:
16 (1) if retirement of the employee occurs below age
17 60, such annuity shall be reduced 1/4 of 1% (1/2 of 1% in
18 the case of withdrawal from service before January 1,
19 1991) for each month or fraction thereof that the
20 employee's age is less than 60, except that an employee
21 retiring at age 50 or over having at least 30 years of
22 service shall not be subject to the reduction in
23 retirement annuity because of retirement below age 60;
24 (2) the annuity shall not exceed 80% of such
25 average annual salary; and
26 (3) the actual salary shall be considered in the
27 computation of this annuity.
28 An employee who withdraws from service on or after
29 December 31, 2003, at age 50 or over with at least 10 years
30 of service or at age 60 or over with at least 4 years of
31 service, shall receive, in lieu of any other retirement
32 annuity provided for in this Section, a retirement annuity
33 calculated as follows: for each year of service immediately
34 preceding the date of withdrawal, 2.40% of the highest
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1 average annual salary for any 4 consecutive years within the
2 last 10 years of service immediately preceding the date of
3 withdrawal, with a prorated amount for service of less than a
4 full year, provided that:
5 (1) if retirement of the employee occurs below age
6 60, such annuity shall be reduced 1/4 of 1% for each
7 month or fraction thereof that the employee's age is less
8 than 60, except that an employee retiring at age 50 or
9 over having at least 30 years of service shall not be
10 subject to the reduction in retirement annuity because of
11 retirement below age 60;
12 (2) the annuity shall not exceed 80% of such
13 average annual salary; and
14 (3) the actual salary shall be considered in the
15 computation of this annuity.
16 Notwithstanding any other formula, the annuity for
17 employees retiring on or after December 31, 2003 and before
18 January 31, 2004 with at least 30 years of service shall be
19 80% of average annual salary for any 4 consecutive years
20 within the last 10 years of service immediately preceding the
21 date of withdrawal.
22 (b) In lieu of the retirement annuity provided as an
23 actuarial equivalent of the total accumulations from
24 contributions by the employee, contributions by the employer,
25 and prior service annuity plus regular interest, an employee
26 in service prior to July 1, 1971 shall be entitled to the
27 largest applicable retirement annuity provided in this
28 Section if the same is larger than the annuity provided in
29 other Sections of this Article.
30 (c) The following schedule shall govern the computation
31 of service for the fixed benefit annuities provided by this
32 Section: Service during 9 months or more during any fiscal
33 year shall constitute a year of service; 6 to 8 months,
34 inclusive, 3/4 of a year; 3 to 5 months, inclusive, 1/2 year;
-86- LRB093 02820 LRD 20148 a
1 less than 3 months, 1/4 of a year; 15 days or more in any
2 month, a month of service.
3 (d) The other provisions of this Section shall not apply
4 in the case of any former employee who is receiving a
5 retirement annuity from the fund and who re-enters service as
6 an employee, unless the employee renders from and after the
7 date of re-entry, at least 3 years of additional service.
8 (Source: P.A. 86-272; 86-1488; 87-794.)
9 (40 ILCS 5/12-133.6 new)
10 Section. 12-133.6. Early retirement incentive.
11 (a) To be eligible for the benefits provided in this
12 Section, a person must:
13 (1) have been, on November 1, 2003, an employee (i)
14 contributing to the Fund in active payroll status in a
15 position of employment under this Article, (ii) returning
16 to active payroll status from an approved leave of
17 absence prior to December 1, 2003, or (iii) receiving
18 ordinary or duty disability benefits under Section
19 12-140, 12-142, or 12-143;
20 (2) have not previously retired under this Article;
21 (3) file with the Board before December 31, 2003 a
22 written election requesting the benefits provided in this
23 Section;
24 (4) withdraw from service on or after December 31,
25 2003 and on or before January 31, 2004; and
26 (5) have, by the date of withdrawal or by January
27 31, 2004, whichever is earlier, attained age 50 with at
28 least 10 years of creditable service in one or more
29 participating systems under the Retirement Systems
30 Reciprocal Act, without including any creditable service
31 established under this Section.
32 (b) An eligible person may establish up to 5 years of
33 creditable service under this Section, in increments of one
-87- LRB093 02820 LRD 20148 a
1 month, by making the contributions specified in subsection
2 (c). In addition, for each month of creditable service
3 established under this Section, a person's age at retirement
4 shall be deemed to be one month older than it actually is,
5 except for purposes of determining age under item (5) of
6 subsection (a).
7 The creditable service established under this Section may
8 be used for all purposes under this Article and the
9 Retirement Systems Reciprocal Act, except for the computation
10 of highest average annual salary under Section 12-133 or the
11 determination of salary under this or any other Article of
12 this Code.
13 (c) For each month of creditable service established
14 under this Section, the person must pay to the Fund an
15 employee contribution to be determined by the Fund, equal to
16 4.50% of the person's monthly salary rate on the date of
17 withdrawal from service. Subject to the requirements of
18 subsection (d), the person may elect to pay the required
19 employee contribution before the retirement annuity commences
20 or through deductions from the retirement annuity over a
21 period not longer than 24 months.
22 If a person who retires dies before all payments of the
23 employee contribution have been made, the remaining payments
24 shall be deducted from any survivor or death benefits payable
25 to the employee's surviving spouse or beneficiary.
26 Notwithstanding any provision in this Article to the
27 contrary, all employee contributions paid under this Section
28 shall not be deemed employee contributions for the purpose of
29 determining the tax levy under Section 12-149.
30 Notwithstanding any provision in this Article to the
31 contrary, the employer shall not make a contribution for any
32 credit established by an employee under subsection (b) of
33 this Section. Employee contributions made under this Section
34 may be refunded under the same terms and conditions as other
-88- LRB093 02820 LRD 20148 a
1 employee contributions under this Article.
2 (d) A person who retires under the provisions of this
3 Section shall be entitled to have his or her retirement
4 annuity calculated under the provisions of Section 12-133,
5 except that the retirement annuity shall not be subject to
6 reduction for retirement under age 60.
7 (e) Notwithstanding Section 12-146 of this Article, an
8 annuitant who reenters service under this Article after
9 receiving a retirement annuity based on additional benefits
10 provided under this Section thereby forfeits the right to
11 continue to receive those benefits, and upon again retiring
12 shall have his or her retirement annuity recalculated at the
13 appropriate time without the additional benefits provided in
14 this Section.
15 (40 ILCS 5/12-133.7 new)
16 Sec. 12-133.7. Early retirement incentive for employees
17 who have earned maximum pension benefits. A person who is
18 eligible for the benefits provided under Section 12-133.6 and
19 who, if he or she had retired on or before January 31, 2004,
20 would have been entitled to a pension equal to 80% of his or
21 her highest average salary for any 4 consecutive years within
22 the last 10 years of service immediately preceding January
23 31, 2004 without receiving the benefits provided in Section
24 12-133.6 may elect, by filing a written election with the
25 Fund by December 31, 2003, to receive a lump sum from the
26 Fund on his or her last day of employment equal to 100% of
27 his or her salary for the year ending on January 31, 2004 or
28 the date of withdrawal, whichever is earlier. To be eligible
29 to receive the benefit provided under this Section, the
30 person must withdraw from service on or after December 31,
31 2003 and on or before January 31, 2004. If a person elects to
32 receive the benefit provided under this Section, his or her
33 retirement annuity otherwise payable under Section 12-133
-89- LRB093 02820 LRD 20148 a
1 shall be reduced by an amount equal to the actuarial
2 equivalent of the lump sum. If a person elects to receive
3 the benefit provided under this Section, the resulting
4 reduction in retirement annuity under this Section shall not
5 affect the amount of any widow's service annuity or widow's
6 prior service annuity under Section 12-135 or any optional
7 reversionary annuity for a surviving spouse under Section
8 12-136.1.
9 (40 ILCS 5/12-149) (from Ch. 108 1/2, par. 12-149)
10 Sec. 12-149. Financing. The board of park commissioners
11 of any such park district shall annually levy a tax (in
12 addition to the taxes now authorized by law) upon all taxable
13 property embraced in the district, at the rate which, when
14 added to the employee contributions under this Article and
15 applied to the fund created hereunder, shall be sufficient to
16 provide for the purposes of this Article in accordance with
17 the provisions thereof. Such tax shall be levied and
18 collected with and in like manner as the general taxes of
19 such district, and shall not in any event be included within
20 any limitations of rate for general park purposes as now or
21 hereafter provided by law, but shall be excluded therefrom
22 and be in addition thereto. The amount of such annual tax to
23 and including the year 1977 shall not exceed .0275% of the
24 value, as equalized or assessed by the Department of Revenue,
25 of all taxable property embraced within the park district,
26 provided that for the year 1978, and for each year
27 thereafter, the amount of such annual tax shall be at a rate
28 on the dollar of assessed valuation of all taxable property
29 that will produce, when extended, for the year 1978 the
30 following sum: 0.825 times the amount of employee
31 contributions during the fiscal year 1976; for the year 1979,
32 0.85 times the amount of employee contributions during the
33 fiscal year 1977; for the year 1980, 0.90 times the amount of
-90- LRB093 02820 LRD 20148 a
1 employee contributions during the fiscal year 1978; for the
2 year 1981, 0.95 times the amount of employee contributions
3 during the fiscal year 1979; for the year 1982, 1.00 times
4 the amount of employee contributions during the fiscal year
5 1980; for the year 1983, 1.05 times the amount of
6 contributions made on behalf of employees during the fiscal
7 year 1981; and for the year 1984 and each year thereafter, an
8 amount equal to 1.10 times the employee contributions during
9 the fiscal year 2-years prior to the year for which the
10 applicable tax is levied. As used in this Section, the term
11 "employee contributions" means contributions by employees for
12 retirement annuity, spouse's annuity, automatic increase in
13 retirement annuity, and death benefit.
14 In respect to park district employees, other than
15 policemen, who are transferred to the employment of a city by
16 virtue of the "Exchange of Functions Act of 1957", the
17 corporate authorities of the city shall annually levy a tax
18 upon all taxable property embraced in the city, as equalized
19 or assessed by the Department of Revenue, at such rate per
20 cent of the value of such property as shall be sufficient,
21 when added to the amounts deducted from the salary or wages
22 of such employees, to provide the benefits to which such
23 employees, their dependents and beneficiaries are entitled
24 under the provisions of this Article. The park district
25 shall not levy a tax hereunder in respect to such employees.
26 The tax levied by the city under authority of this Article
27 shall be in addition to and exclusive of all other taxes
28 authorized by law to be levied by the city for corporate,
29 annuity fund or other purposes.
30 All moneys accruing from the levy and collection of
31 taxes, pursuant to this section, shall be remitted to the
32 board by the employers as soon as they are received. Where a
33 city has levied a tax pursuant to this Section in respect to
34 park district employees transferred to the employment of a
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1 city, the treasurer of such city or other authorized officer
2 shall remit the moneys accruing from the levy and collection
3 of such tax as soon as they are received. Such remittances
4 shall be made upon a pro rata share basis, whereby each
5 employer shall pay to the board such employer's proportionate
6 percentage of each payment of taxes received by it, according
7 to the ratio which its tax levy for this fund bears to the
8 total tax levy of such employer.
9 Should any board of park commissioners included under the
10 provisions of this Article be without authority to levy the
11 tax provided in this Section the corporation authorities
12 (meaning the supervisor, clerk and assessor) of the town or
13 towns for which such board shall be the board of park
14 commissioners shall levy such tax.
15 Employer contributions to the Fund may be reduced by
16 $5,000,000 for calendar years 2004 and 2005.
17 (Source: P.A. 81-1536.)
18 Section 90. The State Mandates Act is amended by adding
19 Section 8.27 as follows:
20 (30 ILCS 805/8.27 new)
21 Sec. 8.27. Exempt mandate. Notwithstanding Sections 6
22 and 8 of this Act, no reimbursement by the State is required
23 for the implementation of any mandate created by this
24 amendatory Act of the 93rd General Assembly.
25 Section 99. Effective date. This Act takes effect upon
26 becoming law.".
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