Illinois General Assembly - Illinois Compiled Statutes

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

40 ILCS 5/2-126.1

(40 ILCS 5/2-126.1) (from Ch. 108 1/2, par. 2-126.1)

Sec. 2-126.1.

Pickup of contributions.

(a) The State shall pick up the participant contributions
required under Section 2-126 for all salary
earned after December 31, 1981. The contributions so picked
up shall be treated as employer contributions in determining tax treatment
under the United States Internal Revenue Code.  The State shall pay these
participant contributions from the same source of funds which is used in
paying salary to the participant.  The State may pick up these
contributions by a reduction in the cash salary of the participant.
If participant contributions are picked up
they shall be treated for all purposes of this Article 2 in the same manner
as participant contributions that were made prior to the date that the
pick up of contributions began.

(b) Subject to the requirements of federal law, a participant may elect to
have the employer pick up optional contributions that the participant has
elected to pay to the System, and the contributions so picked up shall be
treated as employer contributions for the purposes of determining federal tax
treatment.  The employer shall pick up the contributions by a reduction in the
cash salary of the participant and shall pay the contributions from the same
fund that is used to pay earnings to the participant.
The election to have optional contributions picked up is irrevocable and the
optional contributions may not thereafter be prepaid, by direct payment or
otherwise.  If the provision authorizing the optional contribution requires
payment by a stated date (rather than the date of withdrawal or retirement),
that requirement shall be deemed to have been satisfied if (i) on or before the
stated date the participant executes a valid irrevocable election to have the
contributions picked up under this subsection, and (ii) the picked-up
contributions are in fact paid to the System as provided in the election.

(Source: P.A. 90-448, eff. 8-16-97; 90-766, eff. 8-14-98.)