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 5/18-127

(40 ILCS 5/18-127) (from Ch. 108 1/2, par. 18-127)

Sec. 18-127. Retirement annuity - suspension on reemployment.

(a) A participant receiving a retirement annuity who is regularly
employed for compensation by an employer other than a county, in any
capacity, shall have his or her retirement annuity payments suspended
during such employment.  Upon termination of such employment, retirement
annuity payments at the previous rate shall be resumed.

If such a participant resumes service as a judge, he or she
shall receive credit for any additional service.  Upon subsequent
retirement, his or her retirement annuity shall be the amount previously
granted, plus the amount earned by the additional judicial service under
the provisions in effect during the period of such additional service.
However, if the participant was receiving the maximum rate of annuity at
the time of re-employment, he or she may elect, in a written direction
filed with the board, not to receive any additional service credit during
the period of re-employment.  In such case, contributions shall not be
required during the period of re-employment.  Any such election shall be
irrevocable.

(b) Beginning January 1, 1991, any participant receiving a retirement
annuity who accepts temporary employment from an employer other than a
county for a period not exceeding 75 working days in any calendar year
shall not be deemed to be regularly employed for compensation or to have
resumed service as a judge for the purposes of this Article.  A day shall
be considered a working day if the annuitant performs on it any of his
duties under the temporary employment agreement.

(c) Except as provided in subsection (a), beginning January 1, 1993,
retirement annuities shall not be subject to suspension upon resumption of
employment for an employer, and any retirement annuity that is then so
suspended shall be reinstated on that date.

(d) The changes made in this Section by this amendatory Act of 1993
shall apply to judges no longer in service on its effective date, as well as to
judges serving on or after that date.

(e) A participant receiving a retirement
annuity under this Article  who serves as a part-time employee in any of the following positions: Legislative Inspector General, Special Legislative Inspector General, employee of the Office of the Legislative Inspector General, Executive Director of the Legislative Ethics Commission, or staff of the Legislative Ethics Commission, but has not elected to participate in the Article 14 System with respect to that service, shall not be deemed to be regularly employed for compensation by an employer other than a county, nor to have
resumed service as a judge, on the basis of that service, and the retirement annuity payments and other benefits of that person under this Code  shall not be suspended, diminished, or otherwise impaired solely as a consequence of that service. This subsection (e) applies without regard to whether the person is in service as a judge under this Article on or after the effective date of this amendatory Act of the 93rd General Assembly. In this subsection, a "part-time employee" is a person who is not required to work at least 35 hours per week.

(f) A participant receiving a retirement annuity under this Article who has made an election under Section 1-123 and who is serving either as legal counsel in the Office of the Governor or as Chief Deputy Attorney General shall not be deemed to be regularly employed for compensation by an employer other than a county, nor to have resumed service as a judge, on the basis of that service, and the retirement annuity payments and other benefits of that person under this Code shall not be suspended, diminished, or otherwise impaired solely as a consequence of that service. This subsection (f) applies without regard to whether the person is in service as a judge under this Article on or after the effective date of this amendatory Act of the 93rd General Assembly.

(g) Notwithstanding any other provision of this Article, if a person who first becomes a participant under this System on or after January 1, 2011 (the effective date  of this amendatory Act of the 96th General Assembly) is receiving a retirement annuity under this Article and becomes a member or participant under this Article or any other Article of this Code and is employed on a full-time basis, then the person's retirement annuity under this System shall be suspended during that employment. Upon termination of that employment, the person's retirement annuity shall resume and, if appropriate, be recalculated under the applicable provisions of this Article.

(Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)