(40 ILCS 5/12-143.1) (from Ch. 108 1/2, par. 12-143.1)
Sec. 12-143.1.
Limitations on payment of ordinary or duty disability.
(a) An employee who has withdrawn from service, has been on a leave of
absence, is laid off or is out of pay status for any reason for more than
30 days, and who subsequently reenters service, shall not be entitled to
ordinary or duty disability payments unless the employee (1) qualified for
an ordinary or duty disability benefit before the absence from service, or
(2) renders at least 6 months of service subsequent to the date of the last reentry.
(b) An ordinary or duty disability benefit otherwise payable under
this Article shall be suspended for the duration of any period during which
the disabled employee receives salary or other compensation for personal
services (but not including any worker's compensation benefit) that exceeds
50% of the amount of the disability benefit.
A person receiving an ordinary or duty disability benefit shall provide
to the Board, upon request, a tax return, pay stub, or other documentation of earnings.
(Source: P.A. 86-272; 86-273; 86-1028.)
|
(40 ILCS 5/12-144) (from Ch. 108 1/2, par. 12-144)
Sec. 12-144.
Medical examinations.
An employee in receipt of any disability benefit shall undergo a medical
examination periodically and in any event at least once each year by a
physician designated by the board. Should the board decide as the result of
such examination that the employee is no longer disabled for the
performance of duty, the board shall discontinue payment of benefits.
Should the employee refuse to submit to such examination, benefit payments
shall cease and written notice thereof shall be given the employer by the
board.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/12-145) (from Ch. 108 1/2, par. 12-145)
Sec. 12-145.
Re-entry of former employee.
(a) Any former employee who received a refund who re-enters service
and remains in continuous service for a period of 2 years may have
restored to him all service and accumulations for annuity purposes for
all previous employment; provided he repays to the fund all amounts
received as refund, including regular interest from the dates of refund
to the date of repayment. Such repayment may be made in installments,
and must be fully paid within 1 year from the date of application of the
employee for the exercise of the right of repayment.
(b) Any employee entering service as a future entrant shall be
entitled to credit for service rendered an employer in any capacity
other than employee as herein defined; provided, that such service was
rendered immediately preceding his entry into the new service of the
employer. All amounts to the credit of the employee for annuity purposes
in any annuity and benefit fund to which such employee was a contributor
in such other capacity shall be transferred to this fund and used for
the respective annuity purposes herein provided.
(c) Whenever any former employee shall have reentered the service
after July 1, 1919, or after July 1, 1937 in the case of an employee of
the board, and completes 5 years of continuous service following such
reentry, but who was not in the service of the employer on July 1, 1919
or July 1, 1937, as the case may be, so as to be classed as a present
employee, such employee having had service prior to said date, shall
receive credit for such prior service in accordance with the provisions
of "The 1919 Act", upon completion of said 5 years of continuous
service. Such employee shall thereupon be entitled to the classification
of a present employee.
(d) Any employee who shall not withdraw the amounts to which he
shall have a right to refund, or shall not have entered upon annuity,
shall have a right to have all such amounts and all other amounts to his
credit for annuity purposes on the date of his withdrawal retained to
his credit and improved by regular interest until the date of
retirement. These amounts are to be used for annuity purposes
for his benefit and the benefit of any person who may have any right to
annuity through him because of his service according to the provisions
of this Article in the event he shall subsequently re-enter service.
(Source: P.A. 86-272.)
|
(40 ILCS 5/12-146) (from Ch. 108 1/2, par. 12-146)
Sec. 12-146.
Re-entry of annuitant.
When any person receiving an annuity
shall re-enter service, the annuity previously granted to such person and any
annuity fixed for his wife shall be cancelled. Such employee shall be
credited, in accordance with the applicable actuarial tables, with sums
sufficient to provide annuities equal in amount to those cancelled for
the employee and wife, as of their respective ages on the date of the
employee's re-entrance into service. Employee Contributions as salary
deductions shall be made from the
time of such re-entry into service.
Upon subsequent retirement, new annuities based upon the amounts to the
credit of the employee for annuity purposes, and the entire period of
his service, shall be fixed for the employee and his wife.
In the case of an employee described in the foregoing paragraph,
whose wife for whom annuity was fixed prior to such re-entry died before
he re-entered service, any sum to the credit of the employee for widow's
service annuity and widow's prior service annuity at the time annuity
for such wife was fixed shall not be credited to the employee when he
re-enters service, and no such sum or any part thereof shall be used to
provide a widow's annuity for any wife of the employee who has married
the employee after such re-entry.
(Source: P.A. 86-272.)
|
(40 ILCS 5/12-147) (from Ch. 108 1/2, par. 12-147)
Sec. 12-147.
Refunds of employee contributions.
(1) (a) Any employee who withdraws from service before | ||
| ||
Any employee who withdraws from service after | ||
| ||
Any employee who withdraws from service on or after | ||
| ||
The refund shall consist of the accumulation from | ||
| ||
(b) If a male employee has no spouse when his or her | ||
| ||
(c) Whenever an employee and surviving spouse have | ||
| ||
(d) If a surviving spouse remarries before age 55 and | ||
| ||
(2) Upon death of an employee or an employee annuitant, refunds,
accrued annuity payments, accrued ordinary and duty disability benefits,
or other accrued benefits, shall be payable as follows in the order
designated:
(a) to the surviving spouse of the deceased employee | ||
| ||
(b) if there is no surviving spouse, or if upon the | ||
| ||
(c) if there is no such surviving spouse, or if upon | ||
| ||
Probate of the estate of an employee may be waived when and in the
manner provided by statute. Payment to the person appointed by a court
of competent jurisdiction to administer the testate or intestate estate
of a deceased employee or employee annuitant, or to the person filing a
small estate affidavit as prescribed by law, shall be a complete
discharge of the board's obligations under this Article.
The board may at its discretion defer payment of refunds for a period
not to exceed one year. If at the end of the year suit is pending
to determine the employee's right to retain his or her former position,
payment of refunds shall be suspended until final disposition of the suit.
Any employee who receives a refund shall forfeit all rights to annuity
for himself or herself and for any one who may have any right to
annuity through him or her, and credit for service rendered by him or
her before refund was made. If he or she re-enters service, his or
her status shall be that of an employee who enters service for the first
time but he or she may regain the credits so forfeited by fulfilling
the requirements specified elsewhere in this Article.
The board is hereby authorized to write off on its books of account
any pending claim subject to the provisions of this section which
remains unpaid for 2 years or more from the date of death of the
employee or annuitant; provided, however, that when a valid claim is
subsequently filed to the satisfaction of the board in the case of any
account so written off the amount shall be paid in the manner prescribed
herein.
(3) Upon the death of an employee while in service or an employee who
had withdrawn from service and was not eligible to receive a pension, the
refund to the beneficiary or estate shall consist of the accumulation from
employee contributions for service annuity, annual increase in retirement
annuity, surviving spouse's service annuity, and interest deficiency, if any,
without interest for employee contributions for the period on and after August
1, 1947. For the period prior to August 1, 1947, the refund of employee
contributions shall be improved by interest at 4% per annum only. Contributions
by the employer for military or naval service shall not be included in any
refund. Credits in lieu of salary deductions during ordinary or duty
disability shall be refundable.
(Source: P.A. 86-272; 86-1488; 87-1265.)
|
(40 ILCS 5/12-148) (from Ch. 108 1/2, par. 12-148)
Sec. 12-148.
Credits of employer contributions.
Refunds of accumulation from contributions of the employer for service
annuity and widow's service annuity, and also for prior service annuity and
widow's prior service annuity after contributions for such purposes are
completed shall be made to the employer in the form of a credit to reduce
the contributions otherwise required in subsequent years.
(Source: P.A. 77-319.)
|
(40 ILCS 5/12-149)
(from Ch. 108 1/2, par. 12-149)
Sec. 12-149. Financing. (a) The board of park commissioners of any such
park district shall annually levy a tax (in addition to the taxes now
authorized by law) upon all taxable property embraced in the district,
at the rate which, when added to the employee contributions under this
Article and applied to the fund created
hereunder, shall be sufficient to provide for the purposes of this
Article in accordance with the provisions thereof. Such tax shall be
levied and collected with and in like manner as the general taxes of
such district, and shall not in any event be included within any
limitations of rate for general park purposes as now or hereafter
provided by law, but shall be excluded therefrom and be in addition
thereto. The amount of such annual tax to and including the year 1977
shall not exceed .0275% of the value, as equalized or assessed by the
Department of Revenue, of all taxable property embraced
within the park district, provided that for the year 1978, and for each
year thereafter, the amount of such annual tax shall be at a rate on the
dollar of assessed valuation of all taxable property that will produce,
when extended, for the year 1978 the following sum: 0.825 times the
amount of employee contributions during the fiscal year 1976; for the
year 1979, 0.85 times the amount of employee contributions during the
fiscal year 1977; for the year 1980, 0.90 times the amount of employee
contributions during the fiscal year 1978; for the year 1981, 0.95 times
the amount of employee contributions during the fiscal year 1979; for the year
1982, 1.00 times the amount of employee contributions during the fiscal year
1980; for the year 1983, 1.05 times the amount of contributions made on behalf
of employees during the fiscal year 1981; and for the year 1984 and each year
thereafter through the year 2019, an amount equal to 1.10 times the employee contributions during the
fiscal year 2-years prior to the year for which the applicable tax is levied.
Beginning in levy year 2020, and in each year thereafter, the levy shall not exceed the amount of the Park District's total required contribution to the Fund for the next payment year, as determined under this subsection. Beginning payment year 2021, the Park District's required annual contribution shall be as follows: For payment year 2021, the Park District's required annual contribution to the Fund shall be one-fourth of the amount, as determined by an actuary retained by the Fund, equal to the sum of (i) the Park District's portion of the projected normal cost for that fiscal year, plus (ii) an amount determined by an actuary retained by the Fund, using a 35-year period starting on December 31, 2020 with the entry age normal actuarial cost method, that is sufficient to bring the total actuarial assets of the Fund up to 100% of the total actuarial accrued liabilities of the Fund by the end of 2055. For payment year 2022, the Park District's required annual contribution to the Fund shall be one-half of the amount, as determined by an actuary retained by the Fund, equal to the sum of (i) the Park District's portion of the projected normal cost for that fiscal year, plus (ii) an amount determined by an actuary retained by the Fund, using a 35-year period starting on December 31, 2021 with the entry age normal actuarial cost method, that is sufficient to bring the total actuarial assets of the Fund up to 100% of the total actuarial accrued liabilities of the Fund by the end of 2056. For payment year 2023, the Park District's required annual contribution to the Fund shall be three-fourths of the amount, as determined by an actuary retained by the Fund, equal to the sum of (i) the Park District's portion of the projected normal cost for that fiscal year, plus (ii) an amount determined by an actuary retained by the Fund, using a 35-year period starting on December 31, 2022 with the entry age normal actuarial cost method, that is sufficient to bring the total actuarial assets of the Fund up to 100% of the total actuarial accrued liabilities of the Fund by the end of 2057. For payment years 2024 through 2058, the Park District's required annual contribution to the Fund shall be the amount, as determined by an actuary retained by the Fund, equal to the sum of (i) the Park District's portion of the projected normal cost for that fiscal year, plus (ii) an amount determined by an actuary retained by the Fund, using a 35-year period starting on December 31, 2023 with the entry age normal actuarial cost method, that is sufficient to bring the total actuarial assets of the Fund up to 100% of the total actuarial accrued liabilities of the Fund by the end of 2058. For payment year 2059 and each year thereafter, the Park District's required annual contribution to the Fund shall be the amount, as determined by an actuary retained by the Fund, if any, needed to bring the total actuarial assets of the Fund up to 100% of the total actuarial accrued liabilities of the Fund, using the entry age normal actuarial cost method, as of the end of the year. In making determinations under this subsection, any actuarial gains or losses from investment returns that differ from the expected investment returns incurred in a fiscal year shall be recognized in equal annual amounts over the 5-year period following the fiscal year. As used in this Section, "payment year" means the year immediately following the levy year. (b) In addition to the contributions required under the other provisions of this Article, no later than November 1, 2021 the employer shall contribute $40,000,000 to the Fund. The additional employer contributions required under this subsection (b) are intended to decrease the unfunded liability of the Fund and shall not decrease the amount of the employer contributions required under the other provisions of this Article. The additional employer contributions made under this subsection (b) may be used by the Fund for any of its lawful purposes. (c) As used in this Section, the term "employee contributions" means contributions
by employees for retirement annuity, spouse's annuity, automatic increase in
retirement annuity, and death benefit.
In making required contributions under this Section, the employer may, in lieu of levying all or a portion of the tax required under this Section, deposit an amount not less than the required amount of employer contributions derived from any source legally available for that purpose. (d) In respect to park district employees, other than policemen, who are
transferred to the employment of a city by virtue of the "Exchange of
Functions Act of 1957", the corporate authorities of the city shall
annually levy a tax upon all taxable property embraced in the city, as
equalized or assessed by the Department of Revenue, at such rate per
cent of the value of such property as shall be sufficient, when added
to the amounts deducted from the salary or wages of such employees, to
provide the benefits to which such employees, their dependents and
beneficiaries are entitled under the provisions of this Article. The
park district shall not levy a tax hereunder in respect to such
employees. The tax levied by the city under authority of this Article
shall be in addition to and exclusive of all other taxes authorized by
law to be levied by the city for corporate, annuity fund or other
purposes.
(e) All moneys accruing from the levy and collection of taxes, pursuant
to this section, shall be remitted to the board by the employers as soon
as they are received. Where a city has levied a tax pursuant to this
Section in respect to park district employees transferred to the
employment of a city, the treasurer of such city or other authorized
officer shall remit the moneys accruing from the levy and collection of
such tax as soon as they are received. Such remittances shall be made
upon a pro rata share basis, whereby each employer shall pay to the
board such employer's proportionate percentage of each payment of taxes
received by it, according to the ratio which its tax levy for this fund
bears to the total tax levy of such employer.
(f) Should any board of park commissioners included under the provisions
of this Article be without authority to levy the tax provided in this
Section the corporation authorities (meaning the supervisor, clerk and
assessor) of the town or towns for which such board shall be the board
of park commissioners shall levy such tax.
(g) Employer contributions to the Fund may be reduced by $5,000,000 for
calendar years 2004 and 2005.
(Source: P.A. 102-263, eff. 8-6-21.)
|
(40 ILCS 5/12-149.5) Sec. 12-149.5. Delinquent contributions; deduction from payments of State funds to the employer. If the employer fails to transmit to the Fund contributions required of it under this Article by December 31st of the year in which such contributions are due, the Fund may, after giving notice to the employer, certify to the State Comptroller the amounts of the delinquent payments in accordance with any applicable rules of the Comptroller, and the Comptroller must, beginning in payment year 2016, deduct and remit to the Fund the certified amounts from payments of State funds to the employer. The State Comptroller may not deduct from any payments of State funds to the employer more than the amount of delinquent payments certified to the State Comptroller by the Fund.
(Source: P.A. 99-8, eff. 7-9-15.) |
(40 ILCS 5/12-150) (from Ch. 108 1/2, par. 12-150)
Sec. 12-150. Contributions by employees for service
annuity. (a) From each payment of salary to a present employee beginning
August 4, 1961, and prior to September 1, 1971, there shall be deducted
as contributions for service annuity 6% of such payment. Beginning
September 1, 1971, the deduction shall be 6 1/2% of salary. These
contributions shall continue until the amounts thus deducted will
provide an accumulation, at regular interest, at least equal to the
amount that would be provided on such date from employee contributions,
assuming regular interest to such date, if such employee had been
contributing in accordance with the provisions of "The 1919 Act" and
this Article from the beginning of his service and the salary of the
employee during his prior service was the same as it was on July 1,
1919, or on July 1, 1937 in the case of an employee of the board.
(b) From each payment of salary to a future entrant beginning August
4, 1961, and prior to September 1, 1971, there shall be deducted as
contributions for service annuity 6% of such payment. Beginning
September 1, 1971, the deduction shall be 6 1/2% of salary.
Beginning January 1, 1990, the deduction shall be 7% of salary, except that the deduction shall be 9% of salary for a person who first becomes an employee on or after January 1, 2022 or who makes the election under item (i) of subsection (d-15) of Section 1-160.
(c) For service rendered prior to August 4, 1961, the rates of
contribution by employees for service annuity shall be as follows: July
1, 1919 to July 20, 1947, inclusive, 4% of salary; July 21, 1947 to
August 3, 1961, inclusive, 5% of salary.
For the period from July 1, 1919, to August 4, 1961 such deductions
for a present employee shall continue until such date as the amounts
deducted will provide an accumulation at least equal to that which would
be provided on such date, assuming regular interest to such date, from
deductions from salary of such employee if such employee had been under
the provisions of "The 1919 Act" and this Article from the beginning of
his service and the salary of such employee during his period of prior
service was the same as it was on July 1, 1919 or on July 1, 1937 in the
case of an employee of the board.
(d) Any employee shall have the option to contribute for service
annuity an amount, together with regular interest, equal to the
difference between the amount he had accumulated in the fund on June 30,
1947, from contributions at the rate of 4% of salary, together with
regular interest, and the amount he would have accumulated, together
with regular interest, if he had made contributions at the rate of 5% of
salary. All such contributions shall be subject to salary limitations
and other conditions in effect prior to July 1, 1947. Upon making such
contribution the employer of such employee shall contribute in the ratio
of 2 to 1 with such employee.
(Source: P.A. 102-263, eff. 8-6-21.)
|
(40 ILCS 5/12-150.1) (from Ch. 108 1/2, par. 12-150.1)
Sec. 12-150.1.
The employer may pick up the employee contributions required
by Sections 12-150, 12-151, 12-151.1, 12-151.2 and 12-152 for salary earned
after December 31, 1981. If employee contributions are not picked up, the
amount that would have been picked up under this amendatory Act of 1980
shall continue to be deducted from salary. If contributions are picked up
they shall
be treated as employer contributions in determining tax treatment under
the United States Internal Revenue Code; however, the employer shall continue
to withhold Federal and state income taxes based upon these contributions
until the Internal Revenue Service or the Federal courts rule that pursuant
to Section 414(h) of the United States Internal Revenue Code, these contributions
shall not be included
as gross income of the employee
until such time as they are distributed or made available.
The employer shall pay these employee contributions from the same source
of funds which is used in paying salary to the employee. The employer
may pick up these contributions by a reduction in the cash
salary of the employee or by an offset against a future salary increase
or by a combination of a reduction in salary and offset against a future
salary increase. If employee contributions are picked up they shall be
treated for all purposes of this Article 12 in the same manner and to the
same extent as employee contributions made prior to the date picked up.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/12-150.5)
Sec. 12-150.5. (Repealed).
(Source: P.A. 98-622, eff. 6-1-14. Repealed by P.A. 102-263, eff. 8-6-21.)
|
(40 ILCS 5/12-151) (from Ch. 108 1/2, par. 12-151)
Sec. 12-151.
Contributions by employees for widow's service annuity.
Beginning July 1, 1919, subject to the provisions of Section 12-184
for transferred employees, from each payment of salary to a male
employee, there shall be deducted as contributions 1% of salary to
provide for a widow's service annuity. Such deduction shall continue
until the employee withdraws from service or retires.
(Source: P.A. 86-272.)
|
(40 ILCS 5/12-151.1) (from Ch. 108 1/2, par. 12-151.1)
Sec. 12-151.1.
Contributions by employees towards annual increase
in retirement annuity. Beginning July 1, 1965, there shall be deducted 1/2
of 1% of salary in the case of each employee as his contribution for the
annual increase in the basic retirement annuity; provided that beginning
January 1, 1976, the rate of deduction shall be 1% of salary. Such deduction
shall continue during the entire time the employee is in service and in
receipt of salary.
(Source: P.A. 79-478.)
|
(40 ILCS 5/12-151.2) (from Ch. 108 1/2, par. 12-151.2)
Sec. 12-151.2.
Contributions by female employees.
(a) Effective as of October 1, 1974, each female employee shall
contribute at the same rates as a
male employee for widow's annuity or
other benefits, to the end that like credits may be established and
maintained for both male and female employees for all purposes of this
Article with respect to annuities, benefits, contribution rates, refunds
and other provisions of this Article.
(b) Any female employee shall have the option of making
contributions for the aforesaid purposes covering the period prior to
October 1, 1974, and receiving pension credits therefor, including the
concurrent credits from city contributions. Such contributions shall
include interest at the regular interest rate from the
dates such contributions
should have been made from the beginning of their service to the dates
of payment to the end that equal credits may be provided for all
employees under this Article.
(Source: P.A. 86-272.)
|
(40 ILCS 5/12-152) (from Ch. 108 1/2, par. 12-152)
Sec. 12-152.
Contributions by employer for service annuity and widow's service
annuity.
(a) In the case of any present employee or future entrant, and for an
employee of the board, the employer shall contribute for service annuity
beginning August 4, 1961, 1.50 times the employee's contribution for this
purpose.
(b) For widow's service annuity, the employer shall contribute beginning
August 4, 1961, in the case of any employee, 2.75 times the employee's
contribution for this purpose.
(c) For service prior to August 4, 1961, the employer's contributions
for any employee shall be a percentage of salary as follows:
For service annuity: July 1, 1919 to July 13, 1927, inclusive, 8% of
salary; July 14, 1927 to July 20, 1947, inclusive, 11% of salary; July 21,
1947 to August 3, 1961, inclusive, 10% of salary.
For widow's service annuity: July 1, 1919 to July 13, 1927, inclusive,
2% of salary; July 14, 1927 to August 3, 1961, inclusive, 2 3/4% of salary.
In determining the amounts to be contributed by an employer on behalf of
an employee for service annuity and widow's service annuity in conformity
with the percentage prescribed for such annuities, the contributions to be
made by the employee during any fiscal year shall be accumulated at regular
interest to the end of such year, and the employer shall make his
contributions plus such interest, with additional regular interest between
the end of such fiscal year and the dates when contributions by the
employer are made.
(Source: P.A. 77-319.)
|
(40 ILCS 5/12-153) (from Ch. 108 1/2, par. 12-153)
Sec. 12-153.
Contributions for death benefit.
To defray the cost of the death benefit provided in Section 12-139,
each employee in service shall make an additional contribution during the
period prior to retirement, in the form of a deduction from salary, at a
rate estimated by the board to be sufficient to provide, in any fiscal
year, 1/2 of the amount necessary to meet the requirements for such benefit
payments. For the fiscal year July 1, 1955 to June 30, 1956, the rate of
employee contribution shall be 3/10 of 1% of salary. The employer shall
make contributions for this benefit through the established tax levy in an
amount equal to the contributions made by the employees.
On and after July 1, 1956, the rate of employee contribution, and the
amount of employer contributions shall be fixed by the board for each
fiscal year, prior to the beginning of such year, based upon the experience
of the fund in the payment of benefits hereunder. Employees receiving ordinary
or duty disability benefit and persons receiving a retirement annuity shall not be
required to make contributions towards this benefit.
An employee in a position involving part-time employment shall make contributions in
accordance with the rules of the board.
(Source: P.A. 79-478.)
|
(40 ILCS 5/12-154) (from Ch. 108 1/2, par. 12-154)
Sec. 12-154.
Contributions by employer for ordinary disability benefit.
The amount necessary to provide the ordinary disability benefit shall be
paid by the employer. Effective January 1, 1959, in respect to employees of
a park district other than park policemen, who were transferred to the
employment of a city by virtue of the "Exchange of Functions Act of
1957", the city to which such employees are transferred shall pay the
amount necessary for the purposes of the ordinary disability benefit.
The board shall notify the board of park commissioners and the corporate
authorities of the city to which employees of a park district have been
transferred under the "Exchange of Functions Act of 1957" of the amount
necessary for said purpose, and such amount, when approved by the board of
park commissioners, or by the corporate authorities of the city in respect
to such transferred employees, shall be included in the annual tax levy as
provided in this Article.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/12-155) (from Ch. 108 1/2, par. 12-155)
Sec. 12-155.
Contributions by employer while employee disabled.
The employer of any employee who is receiving ordinary disability
benefit or duty disability benefit shall contribute amounts ordinarily
contributed by such employee and employer for service annuity and
widow's service annuity and the annual increase in retirement annuity
during any period for which disability benefit is paid to the employee,
and such amounts shall be credited to the employee in lieu of salary deductions.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/12-155.1) (from Ch. 108 1/2, par. 12-155.1)
Sec. 12-155.1.
Contributions by employer towards annual increase in
retirement annuity. The employer shall contribute for the annual increase
in retirement annuity an amount representing the remainder required to
finance such increase.
(Source: P.A. 79-478.)
|
(40 ILCS 5/12-155.5)
Sec. 12-155.5. (Repealed).
(Source: P.A. 98-622, eff. 6-1-14. Repealed by P.A. 102-263, eff. 8-6-21.)
|
(40 ILCS 5/12-156) (from Ch. 108 1/2, par. 12-156)
Sec. 12-156.
Board created.
A board composed of 7 members shall constitute a Board of Trustees
authorized to carry out the provisions of this Article. Such Board of
Trustees shall be known as the Retirement Board of the Park Employees' and
Retirement Board Employees' Annuity and Benefit Fund.
Three members of such board shall be appointed by the board of park
commissioners for terms of 3 years. Four members of such board shall be
elected from among the employees for terms of 4 years who shall serve until
their respective successors have been elected and have qualified.
The members of the board of a fund holding office at the time this
Article becomes effective, including elected and appointed members, shall
continue in office until the expiration of their respective terms or
appointments and until their respective successors are appointed or elected
and have qualified. When the term of any appointed member expires, the
board of park commissioners shall appoint a successor.
The board shall conduct regular elections annually under rules which
shall be adopted by it for the election of successors to members of the
board whose terms shall expire. All employees who are included under the
provisions of this Article shall be entitled to vote. The ballots shall be
of secret character.
Each person elected or appointed to membership upon the board shall take
a written oath of office that he will, so far as it devolves upon him,
diligently and honestly administer the affairs of the office to which he
was elected or appointed and that he will not knowingly violate or wilfully
permit to be violated any of the provisions of law applicable under this
Article. Such oath shall be subscribed by the person making it, and
certified to by the officer before whom it is taken, and deposited with the
custodian of the fund. Anyone after appointment or election shall be deemed
to have qualified for membership on the board when such certificate is
deposited with the custodian of the fund.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/12-157) (from Ch. 108 1/2, par. 12-157)
Sec. 12-157.
Board vacancy.
If a vacancy shall occur in the membership of the board, due to death,
resignation or other cause, said vacancy shall be filled by appointment. If
the vacant membership be of appointive character, appointment for the
unexpired portion of such term shall be made by the board of park
commissioners, and if it be of elective character, it shall be filled by
appointment by the elective members of the board, provided that the person
appointed to the vacancy of an elective member shall be an employee. The
persons so appointed to elective membership shall serve until an employee
who shall be elected to serve for the unexpired portion of such term shall
be chosen. Such election shall be held concurrently with and in the same
manner as the next regular annual election.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/12-158) (from Ch. 108 1/2, par. 12-158)
Sec. 12-158.
Board officers.
The board shall elect from its
membership a president, a vice president and a secretary, all of whom
shall serve without salary, except that the secretary, if not an
employee as defined herein, may be compensated during his tenure in the
office of secretary in an amount not to exceed $2,400 per year.
(Source: P.A. 81-697.)
|
(40 ILCS 5/12-159) (from Ch. 108 1/2, par. 12-159)
Sec. 12-159.
Board's powers and duties.
The board shall have the powers and duties stated in Section 12-160 to
12-169, inclusive, in addition to the other powers and duties provided in
this Article.
(Source: Laws 1963, p. 161 .)
|
(40 ILCS 5/12-160) (from Ch. 108 1/2, par. 12-160)
Sec. 12-160.
To determine service credits.
To determine the length of service of each present employee rendered
prior to the date when he comes under the provisions of "The 1919 Act" or
this Article, including all service rendered to any employer as defined
herein; to require each employee to file with the board a detailed
statement of all such service rendered by him and to prescribe rules and
regulations for the filing of such statements; to fix the period for which
such employee shall receive credit for prior service from such information
as is available, if the employee fails to file the aforesaid statement, or
if the board is unable to verify such statement; to certify such statement
and issue a certificate to the employee stating the length of prior service
allowed.
Such certificate shall be final and conclusive as to length of prior
service and amount of credit unless modified by the board, either of its
own volition or upon application of the employee, within one year from the
date when the certificate or a modified certificate is issued.
All leaves of absence without pay shall be excluded in computing prior
service, and leaves of absence on full or part pay shall be included in
computing the prior service.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/12-161) (from Ch. 108 1/2, par. 12-161)
Sec. 12-161.
To supervise contributions.
To see that all employee contributions by way of salary deductions
and contributions by each employer are made, and that all funds
collected are deposited when collected with the custodian of the fund;
and to certify to each employer the amount to be deducted from the salary
of each employee.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/12-162) (from Ch. 108 1/2, par. 12-162)
Sec. 12-162.
To have exclusive original jurisdiction.
To have exclusive original jurisdiction in all matters relating to or
affecting the fund, including, in addition to all other matters, all claims
for annuities, benefits or refunds under this Article.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/12-162.5) Sec. 12-162.5. To subpoena witnesses and compel the production of records. To issue subpoenas to compel the attendance of witnesses to testify before it and to compel the production of documents and records upon any matter concerning the Fund, including, but not limited to, in conjunction with: (1) a disability claim; (2) an administrative review proceeding; (3) an attempt to obtain information to assist in the | ||
| ||
(4) obtaining any and all personal identifying | ||
| ||
(5) the determination of the death of a benefit | ||
| ||
(6) a felony forfeiture investigation. The fees of witnesses for attendance and travel shall be the same as the fees of witnesses before the circuit courts of this State and shall be paid by the party seeking the subpoena. The Board may apply to any circuit court in the State for an order requiring compliance with a subpoena issued under this Section. Subpoenas issued under this Section shall be subject to applicable provisions of the Code of Civil Procedure. The president or other members of the Board may administer oaths to witnesses. (Source: P.A. 103-424, eff. 8-4-23; 103-552, eff. 8-11-23.) |
(40 ILCS 5/12-163) (from Ch. 108 1/2, par. 12-163)
Sec. 12-163.
To see that duties of employer are performed.
To see that all the other duties under this Article of each employer are
being performed, and in the event that an employer fails to perform any
duties imposed on said employer under the provisions of this Article to
take such steps as in its judgment seem advisable to enforce compliance by
the employer with the provisions of this Article.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/12-164) (from Ch. 108 1/2, par. 12-164)
Sec. 12-164.
To appoint custodian.
To appoint annually a custodian of the fund; and to deposit all moneys
received or accruing to the fund with the custodian.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/12-165) (from Ch. 108 1/2, par. 12-165)
Sec. 12-165.
To manage fund.
To have exclusive control and management of all moneys, securities and
other property of said fund; and to defray the total cost of administration
of this Article by means of the tax levy authority provided herein.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/12-166) (from Ch. 108 1/2, par. 12-166)
Sec. 12-166.
To invest money.
To invest and reinvest the moneys of the
fund subject to the requirements and restrictions set forth in this Article
and in Sections 1-109, 1-109.1, 1-109.2, 1-110, 1-111, 1-114, and 1-115.
No investments shall be purchased or sold or in any manner hypothecated
except by the action of the board duly entered in the record of its
proceedings.
The board may hold, purchase, sell, assign, transfer or dispose of any
of the securities and investments in which any of the moneys of the fund
or the proceeds of those investments have been invested.
The board shall have the authority to enter into any agreements and to
execute any documents that it determines to be necessary to complete any
investment transaction.
All investments shall be clearly held and accounted for to indicate
ownership by the fund. The board may direct the registration of
securities or the holding of interests in real property in the name of the
fund or in the name of a nominee created for the express purpose of
registering securities or holding interests in real property by a
national or state bank or trust company authorized to conduct a trust
business in the State of Illinois. The board may hold title to interests
in real property in the name of the fund or in the name of a title
holding corporation created for the express purpose of holding title to
interests in real property.
Investments shall be carried at cost or at a value determined
in accordance with generally accepted accounting principles and accounting
procedures approved by the board.
No bank or savings and loan association shall receive investment funds
as permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of the Public Funds Investment Act.
Those requirements shall be applicable only at the time of investment and
shall not require the liquidation of any investment at any time.
The board of trustees of any fund established under this Article may
not transfer its investment authority, nor transfer the assets of the fund
to any other person or entity for the purpose of consolidating or merging
its assets and management with any other pension fund or public investment
authority, unless the board resolution authorizing such transfer is submitted
for approval to the contributors and retirees of the fund at elections held
not less than 30 days after the adoption of such resolution by the board,
and such resolution is approved by a majority of the votes cast on the question
in both the contributors election and the retirees election. The election
procedures and qualifications governing the election of trustees shall govern
the submission of resolutions for approval under this paragraph, insofar
as they may be made applicable.
(Source: P.A. 90-766, eff. 8-14-98.)
|
(40 ILCS 5/12-166.1) (from Ch. 108 1/2, par. 12-166.1)
Sec. 12-166.1.
Participation in commingled investment funds-Transfer of
investment functions and securities.
(a) The retirement board may invest in any commingled investment fund or
funds established and maintained by the Illinois State Board of Investment
under the provisions of Article 22A of this Code. The book value of all
commingled equity participations plus the book value of other stock
investments owned by this system shall not exceed the maximum permissible
percentage rate for equity investments prescribed in Section 12-166. All
commingled fund participations shall be subject to the law governing the
Illinois State Board of Investment and the rules, policies and directives
of that Board.
(b) The retirement board may, by resolution duly adopted by a majority
vote of its membership, transfer to the Illinois State Board of Investment
created by Article 22A of this Code, for management and administration, all
investments owned by the Fund of every kind and character. Upon completion
of such transfer, the authority of the retirement board to make investments
shall terminate. Thereafter, all investments of the reserves of the Fund
shall be made by the Illinois State Board of Investment in accordance with
the provisions of Article 22A of this Code.
Such transfer shall be made not later than the first day of the fourth
month next following the date of such resolution. Before such transfer an
audit of such investments shall be completed by a certified public
accountant selected by the Illinois State Board of Investment and approved
by the Auditor General of the State of Illinois. The expense of such audit
shall be defrayed by the retirement board.
(Source: P.A. 78-645.)
|
(40 ILCS 5/12-166.2) (from Ch. 108 1/2, par. 12-166.2)
Sec. 12-166.2.
To lend securities.
The Board may lend securities owned
by the Fund to a borrower upon such terms and conditions as may be mutually
agreed in writing. The agreement shall provide that during the period of
the loan the Fund shall retain the right to receive, or collect from the
borrower, all dividends, interest rights, and any distributions to which
the Fund would have otherwise been entitled. The borrower shall deposit
with the Fund as collateral for the loan cash, U.S. Government securities,
or letters of credit equal to the market value of the securities at the
time the loan is made and shall increase the amount of collateral if and
when the Fund requests an additional amount because of subsequent increases
in the market value of the securities.
The period for which the securities may be loaned shall not exceed one
year, and the loan agreement may specify earlier termination by either party
upon mutually agreed conditions.
(Source: P.A. 87-1265.)
|
(40 ILCS 5/12-167) (from Ch. 108 1/2, par. 12-167)
Sec. 12-167. To keep records, books and prepare reports.
To keep a record of all its proceedings which shall be open to
inspection by the public; to keep such books and records as are necessary
for the transaction of its business; and to prepare a report, as of the last day
of each fiscal year, setting forth the income and disbursements of the fund for
the year, and the amount of its assets and liabilities at the close of the
year. Such statement shall include, among other things, the following
information:
(a) the total of the reserves on all annuities being | ||
| ||
(b) the total of the liabilities of the employer for | ||
| ||
(Source: P.A. 97-973, eff. 8-16-12.)
|
(40 ILCS 5/12-168) (from Ch. 108 1/2, par. 12-168)
Sec. 12-168. To have an audit.
To have an annual audit of the books, records and reserves of the fund
as of the last day of each fiscal year, by a certified public accountant. A copy of
the report of such audit shall be filed with the board of park
commissioners, and a synopsis thereof shall be prepared for public
distribution.
(Source: P.A. 97-973, eff. 8-16-12.)
|
(40 ILCS 5/12-169) (from Ch. 108 1/2, par. 12-169)
Sec. 12-169. To appoint employees.
To appoint such actuarial, legal, medical, clerical and other employees
as may be necessary in the administration of the fund and fix their
compensation.
One or more actuaries shall be employed with duty to determine the
amount of money necessary to be provided under this Article, and to assist
the board in preparing the annual statement as of the last day of each fiscal year, and
to certify to the correctness thereof.
(Source: P.A. 97-973, eff. 8-16-12.)
|
(40 ILCS 5/12-170) (from Ch. 108 1/2, par. 12-170)
Sec. 12-170.
Custodian of fund.
All payments from the fund shall be made by the custodian of the fund
only, and only upon warrant of or voucher signed by the president or
vice-president of the board and countersigned by the secretary of the
board. No warrant or voucher shall be drawn except by order of the board
duly entered in the record of its proceedings.
(Source: P.A. 86-272.)
|
(40 ILCS 5/12-171) (from Ch. 108 1/2, par. 12-171)
Sec. 12-171.
Money which may be held on deposit.
The board may keep as an available sum for the purpose of making
payments for annuities and other benefits, such an amount as shall be
estimated by the board as being necessary to meet the current disbursements
for a period not to exceed 90 days. Such sum shall be kept on deposit in
any bank or savings and loan association in this State organized under
the laws thereof or under the laws
of the United States, or with any trust company incorporated under the laws
of this State; provided said bank, savings and loan association or trust
company shall furnish adequate
security for said sum; and provided further that the sum so deposited shall
not exceed 25% of the paid-up capital and surplus of said bank, savings
and loan association or trust
company.
No bank or savings and loan association shall receive investment funds
as permitted by this Section, unless it has complied with the requirements,
other than the maximum deposit requirement, established pursuant to Section
6 of "An Act relating to certain investments of public funds by public agencies",
approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 83-541.)
|
(40 ILCS 5/12-171.1) (from Ch. 108 1/2, par. 12-171.1)
Sec. 12-171.1.
Records.
The board shall maintain adequate accounting
records that reflect the financial condition of the fund, and such
additional data as are necessary for required calculations, actuarial
valuations, and operation of the fund.
(Source: P.A. 87-1265.)
|
(40 ILCS 5/12-177) (from Ch. 108 1/2, par. 12-177)
Sec. 12-177.
Employee accounts.
The amounts contributed by employees for
service annuity and spouse's service annuity shall be credited to this account;
also all amounts contributed by the employer in lieu of deductions from salary
in cases of ordinary or duty disability.
An individual account shall be kept with each employee. As contributions by
or on behalf of the employee are made, each such account shall be credited with
the amounts thereof. At least once each year each account shall be credited
with regular interest.
(Source: P.A. 87-1265.)
|
(40 ILCS 5/12-183) (from Ch. 108 1/2, par. 12-183)
Sec. 12-183. Annual actuarial valuation.
An actuarial valuation shall be made annually of the liabilities and
reserves for present and prospective annuities and benefits, and beginning January 1, 2013
a general investigation shall be made and shall be completed
every 5 years thereafter of the operating experience of the fund as to
mortality, disability, retirement, marital status of employees, withdrawal
from service without right to annuity, investment earnings and other
factors of actuarial criteria.
Upon the basis of the annual actuarial valuation and quinquennial
actuarial investigations, the actuary shall recommend the tables to be used
in the annual valuations and in current operations including the prescribed
rate of interest, and shall advise the board on any matters of actuarial
character affecting the financial condition of the fund and its operations.
(Source: P.A. 97-973, eff. 8-16-12.)
|
(40 ILCS 5/12-185) (from Ch. 108 1/2, par. 12-185)
Sec. 12-185.
Duties of employer.
It shall be the duty of each employer hereunder to:
(a) notify each person to whom this Article shall apply before
employing him of his duties and obligations under this Article as a
condition of his employment;
(b) notify the board of the employment of new employees, removals,
withdrawals, deaths and changes in salary of employees, setting forth
the dates upon which such employments, removals, withdrawals, deaths and
changes in salaries occurred;
(c) furnish such other information to the board as the board may
reasonably require hereunder in the discharge of its duties;
(d) deduct from the salary
of each employee, for each and every
payroll period, such amounts as shall be required under the provisions
of this Article. Each employer shall certify to the treasurer of said
employer, on each and every payroll, a statement as voucher for the
amount so deducted, and shall send a duplicate of such
statement to the
board. The treasurer of each employer, on receipt of such voucher for
deductions from salaries of employees, shall
transmit to the board the
amounts specified in such voucher.
(e) Keep such records as the board may require hereunder.
(Source: P.A. 81-1536.)
|
(40 ILCS 5/12-186) (from Ch. 108 1/2, par. 12-186)
Sec. 12-186.
No commissions or compensation.
No member of the board, nor any one connected with the board, shall have
any interest, direct or indirect, in the gains or profits of any investment
made by such board, nor as such, directly or indirectly, receive any pay or
emoluments for his services. Nor shall any such person as an agent or
partner of others borrow any funds or deposits, or in any manner use the
same, except to make such current and necessary payments as are authorized
by the board. Nor shall any member of said board, or anyone connected with
said board, become an endorser or surety or become in any manner an obligor
for moneys loaned by or borrowed of any such board.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/12-187) (from Ch. 108 1/2, par. 12-187)
Sec. 12-187.
Condition of employment.
Any person included as an employee
as defined in this Article, or any person who shall hereafter be included
as an employee, shall by such employment accept the provisions of this Article
and thereupon become a contributor in accordance with the provisions hereof.
The provisions of this Article shall become a condition of employment of
such person and part
of any contract of employment entered into by and with any such person.
(Source: P.A. 86-272.)
|
(40 ILCS 5/12-188) (from Ch. 108 1/2, par. 12-188)
Sec. 12-188.
Employees under legal disabilities.
In the event that an employee is adjudicated to be a person under legal
disability by
a court having jurisdiction to so determine and a guardian
is appointed
by a court having jurisdiction so to do, such guardian may, with the
approval of the court, execute such documents, including resignations from
the service, as may be necessary for the protection and best interests of
the employee.
(Source: P.A. 83-706.)
|
(40 ILCS 5/12-189) (from Ch. 108 1/2, par. 12-189)
Sec. 12-189.
Retirement Systems Reciprocal Act.
The "Retirement Systems
Reciprocal Act", being Article 20 of this Code, as now enacted or hereafter
amended, is hereby adopted and made a part of this Article. Where there is a
direct conflict in the provisions of that Act and the specific provisions of
this Article, the latter provisions shall prevail; except that the provisions
of this Article shall be applied without taking into account the provisions of
Section 12-130 regarding commencement of benefits at age 50 unless all the
systems to which the member is applying allow for a service retirement annuity
payable at age 50.
(Source: P.A. 87-1265.)
|
(40 ILCS 5/12-190) (from Ch. 108 1/2, par. 12-190)
Sec. 12-190.
Annuities etc.
Exempt.
(a) All pensions, annuities, refunds or disability benefits granted under
this Article, and every portion thereof, are exempt from any State or
municipal tax, and exempt from attachment or garnishment process and shall
not be seized, taken, subjected to, detained or levied upon by virtue of
any judgment, or any process or proceeding whatsoever issued out of or by
any court for the payment and satisfaction in whole or in part of any debt,
damage, claim, demand or judgment against a pensioner, annuitant, refund
applicant or other beneficiary hereunder.
(b) No pensioner, annuitant, applicant for refund, disability
beneficiary or other beneficiary has a right to transfer or assign his or
her pension, annuity, refund or disability benefit or any part thereof,
either by mortgage or otherwise, except that an annuitant may direct that a
monthly payment be made to the group health or hospital insurance plan
administered by his or her former employer or by the pension fund
established under this Article.
(c) Whenever an annuity, pension, refund or disability benefit is
payable to a minor or a person adjudged to be under legal disability, the
board, in its discretion, when in the apparent interest of such minor or
person under legal disability, may waive guardianship proceedings and pay
such money to the person providing for or caring for such minor and to the
spouse or blood relative providing or caring for such person under legal
disability. In the event the person under legal disability has no spouse
or blood relatives willing to provide or care for him or her, and for whom
no estate guardian has been appointed, and who is confined to a Medicare approved,
State certified nursing home or a publicly owned and operated nursing home,
hospital or mental institution, the board may pay such benefit due such
person to the head of the nursing home, hospital or mental institution for
deposit to such person's trust fund account maintained by the
certified nursing home, hospital or institution, if such trust fund
accounts are authorized or recognized by law. The acceptance of
the payment and the endorsement of the payment by the person caring for or
providing for a minor or a person under legal disability shall be an
absolute discharge of the board's and the fund's liability in respect to
the amount so paid.
(d) Whenever an employee, pensioner, annuitant, applicant for refund or
disability beneficiary disappears or the person's whereabouts are unknown
and it cannot be ascertained whether or not the person is alive, there
shall be paid to the person's spouse the amount which would be payable to
the spouse in the event that the person died on the date of disappearance.
In the event the missing person returns, or is proved to be alive, the
amount previously paid to the spouse shall be charged against any moneys
payable to the person under this Article as though such payment to the
spouse had been an allowance out of the moneys payable to such person.
(Source: P.A. 86-1488 .)
|
(40 ILCS 5/12-190.1) (from Ch. 108 1/5, par. 12-190.1)
Sec. 12-190.1.
Payment of an annuity other than direct.
The board, at
the written direction and request of any annuitant, may, solely as an
accommodation to the annuitant, pay the amounts due the annuitant to a bank,
savings and loan association or any other financial institution insured by
an agency of the federal government, for deposit to his or her account, or
to a bank or trust company for deposit in a trust established by the
annuitant for his or her benefit with such bank, savings and loan
association or trust company. An annuitant may withdraw such direction at any time.
(Source: P.A. 86-1488.)
|
(40 ILCS 5/12-190.2) (from Ch. 108 1/2, par. 12-190.2)
Sec. 12-190.2.
Overpayment; deduction.
The amount of any overpayment,
of any pension or benefit granted under this Article, due to fraud,
misrepresentation or error, may be deducted from future payments or refunds
made to the recipient of the overpayment. The board also may
withhold payment of any benefits or pensions payable under this Article
where any type of lawsuit or Workers' Compensation suit has been
instituted until the specific liability of the board and the fund for
payments due is established by the adjudication or dismissal of the suit.
Any such action of the board shall relieve and release the board and the
fund from any liability for any moneys deducted or withheld.
(Source: P.A. 86-1488.)
|
(40 ILCS 5/12-190.3) (from Ch. 108 1/2, par. 12-190.3)
Sec. 12-190.3. Fraud. Any person who knowingly makes any false
statement or falsifies or permits to be falsified any record of this Fund
in any attempt to defraud the Fund is guilty of a Class A misdemeanor.
None of the benefits provided for in this Article shall be paid to any person who is convicted of any misdemeanor or felony relating to or arising out of or in connection with any attempt to defraud the Fund. This Section shall not operate to impair any contract or vested right previously acquired under any law or laws continued in this Article, nor to preclude the right to a refund. (Source: P.A. 96-1466, eff. 8-20-10.)
|
(40 ILCS 5/12-191) (from Ch. 108 1/2, par. 12-191)
Sec. 12-191. Felony conviction.
None of the benefits provided for in this Article shall be paid to any
person who is convicted of any felony relating to or arising out of or in
connection with his service as an employee.
None of the benefits provided for in this Article shall be paid to any person who otherwise would receive a survivor benefit who is convicted of any felony relating to or arising out of or in connection with the service of the employee from whom the benefit results. This Section shall not operate to impair any contract or vested right
heretofore acquired under any law or laws continued in this Article, nor to
preclude the right to a refund, and for the changes under this amendatory Act of the 100th General Assembly, shall not impair any contract or vested right acquired by a survivor prior to the effective date of this amendatory Act of the 100th General Assembly.
All future entrants entering service subsequent to July 11, 1955 shall
be deemed to have consented to the provisions of this section as a
condition of coverage, and all participants entering service subsequent to the effective date of this amendatory Act of the 100th General Assembly shall be deemed to have consented to the provisions of this amendatory Act as a condition of participation.
(Source: P.A. 100-334, eff. 8-25-17.)
|
(40 ILCS 5/12-192) (from Ch. 108 1/2, par. 12-192)
Sec. 12-192.
Administrative review.
The provisions of the Administrative
Review Law, and all amendments and modifications thereof and the rules adopted
pursuant thereto, shall apply to and govern all proceedings for the
judicial review of final administrative decisions of the retirement board
provided for under this Article. The term "administrative decision" is as
defined in Section 3-101 of the Code of Civil Procedure.
(Source: P.A. 82-783.)
|
(40 ILCS 5/12-193) (from Ch. 108 1/2, par. 12-193)
Sec. 12-193.
General provisions and savings clause.
The provisions of Article 1 and Article 23 of this Code apply to this
Article as though such provisions were fully set forth in this Article as a
part thereof.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/12-194) (from Ch. 108 1/2, par. 12-194)
Sec. 12-194.
Effective Date of Certain Provisions.
The changes made
by this amendatory Act of 1989 pertaining to the date of fixation of
annuities and the period of time for which disability benefits are payable
shall be effective July 1, 1988.
(Source: P.A. 86-272.)
|
(40 ILCS 5/12-195) Sec. 12-195. Application and expiration of new benefit increases. (a) As used in this Section, "new benefit increase" means an increase in the amount of any benefit provided under this Article, or an expansion of the conditions of eligibility for any benefit under this Article, that results from an amendment to this Code that takes effect after the effective date of this amendatory Act of the 98th General Assembly. (b) Notwithstanding any other provision of this Code or any subsequent amendment to this Code, every new benefit increase is subject to this Section and shall be deemed to be granted only in conformance with and contingent upon compliance with the provisions of this Section. (c) The Public Act enacting a new benefit increase must identify and provide for payment to the Fund of additional funding at least sufficient to fund the resulting annual increase in cost to the Fund as it accrues. Every new benefit increase is contingent upon the General Assembly providing the additional funding required under this subsection (c). The State Actuary shall analyze whether adequate additional funding has been provided for the new benefit increase. A new benefit increase created by a Public Act that does not include the additional funding required under this subsection (c) is null and void. If the State Actuary determines that the additional funding provided for a new benefit increase under this subsection (c) is or has become inadequate, it may so certify to the Governor and the State Comptroller and, in the absence of corrective action by the General Assembly, the new benefit increase shall expire at the end of the fiscal year in which the certification is made.
(Source: P.A. 102-263, eff. 8-6-21.) |
(40 ILCS 5/Art. 13 heading) ARTICLE 13. METROPOLITAN WATER RECLAMATION
DISTRICT RETIREMENT FUND
(Source: P.A. 95-331, eff. 8-21-07.) |
(40 ILCS 5/Art. 13 Pt. I heading) Part I.
General Provisions.
|
(40 ILCS 5/13-101) (from Ch. 108 1/2, par. 13-101)
Sec. 13-101.
Creation of Fund.
In each sanitary district organized
under the Metropolitan Water Reclamation District Act, a Sanitary District
Employees' and Trustees' Annuity and Benefit Fund shall be created, set
apart, maintained and administered, in the manner prescribed in this
Article for the benefit of the employees herein designated and their
beneficiaries. Beginning January 1, 1992, the Fund shall be known as the
Metropolitan Water Reclamation District Retirement Fund.
(Source: P.A. 87-794.)
|
(40 ILCS 5/13-102) (from Ch. 108 1/2, par. 13-102)
Sec. 13-102.
Amendatory Act of 1991.
This amendatory Act of 1991
is intended to clarify and restate the provisions of this Article 13
and to make certain substantive changes. This amendatory Act shall
not be applied to deprive any person of eligibility for an annuity
or benefit, to reduce the annuity or benefit, or to deprive a
person of any right to which that person would have been entitled
prior to the effective date of this amendatory Act of 1991, if
the person from whose employment the annuity, benefit or right
derives was an employee prior to that date.
(Source: P.A. 87-794.)
|
(40 ILCS 5/Art. 13 Pt. II heading) Part II.
Definitions.
|
(40 ILCS 5/13-201) (from Ch. 108 1/2, par. 13-201)
Sec. 13-201.
Terms defined.
The terms used in this Article shall have
the meanings ascribed to them in this Part II, except when the context
otherwise indicates.
(Source: P.A. 87-794.)
|
(40 ILCS 5/13-202) (from Ch. 108 1/2, par. 13-202)
Sec. 13-202.
"Fund":
The Metropolitan Water Reclamation District
Retirement Fund, formerly known as the "Sanitary District Employees' and
Trustees' Annuity and Benefit Fund" which was heretofore created for the
benefit of the employees herein designated and their beneficiaries.
(Source: P.A. 87-794.)
|
(40 ILCS 5/13-203) (from Ch. 108 1/2, par. 13-203)
Sec. 13-203.
"Employer":
The Metropolitan Water Reclamation District
of Greater Chicago, a unit of local government organized pursuant to the
provisions of the Metropolitan Water Reclamation District Act, hereinafter
sometimes referred to as Water Reclamation District or District. With
respect to those persons employed by the Retirement Board, the Retirement
Board is the Employer.
(Source: P.A. 87-794.)
|
(40 ILCS 5/13-204) (from Ch. 108 1/2, par. 13-204)
Sec. 13-204.
"Employee":
(a) Any employee of the Water Reclamation
District appointed to the classified civil service under the Metropolitan
Water Reclamation District Act or any employee exempt from civil service
under that Act, including any person absent from such position due to
assignment to any other position of employment for the District; (b) any
temporary employee of the District; (c) all appointed officers or acting
officers of the District; (d) any employee of the Retirement Board; and (e)
any member of the Board of Commissioners of the District who elects to
participate in the Fund within 90 days after becoming a member.
No person shall be an employee hereunder whose duties will not ordinarily
permit 120 days of service during one calendar year.
A member of the Civil Service Board of the District who is first appointed
to that office on or after the effective date of this amendatory Act of 1997
is not, by virtue of holding that office, an "employee" for the purposes of
this Article.
(Source: P.A. 90-12, eff. 6-13-97.)
|
(40 ILCS 5/13-205) (from Ch. 108 1/2, par. 13-205)
Sec. 13-205.
"Retirement Board" or "Board":
The Board of Trustees of
the Metropolitan Water Reclamation District Retirement Fund.
(Source: P.A. 87-794.)
|
(40 ILCS 5/13-206) (from Ch. 108 1/2, par. 13-206)
Sec. 13-206.
"Service":
Any employment for the District or the Board,
excluding overtime or extra service for which an employee is entitled to
receive salary.
(Source: P.A. 87-794.)
|
(40 ILCS 5/13-207) (from Ch. 108 1/2, par. 13-207)
Sec. 13-207.
"Salary":
The salary paid to an employee for service to the
District or to the Board, including salary paid for vacation and sick leave and
any amounts deferred under a deferred compensation plan established under this
Code, but excluding (1) payment for unused vacation or sick leave, (2)
overtime pay, (3) termination pay, and (4) any compensation
in the form of benefits other than the salary.
(Source: P.A. 90-12, eff. 6-13-97.)
|
(40 ILCS 5/13-208) (from Ch. 108 1/2, par. 13-208)
Sec. 13-208. "Average final salary": The highest average monthly salary
as calculated by accumulating the salary for the highest 520
consecutive paid days of service within the last 10 years of service immediately
preceding the date of retirement and dividing by 24. If the employee is paid for any portion of a work day, the fraction of the day worked and the salary for that fraction of the day shall be counted in accordance with the Fund's administrative rules.
(Source: P.A. 101-339, eff. 8-9-19.)
|
(40 ILCS 5/13-209) (from Ch. 108 1/2, par. 13-209)
Sec. 13-209.
"Disability":
A physical or mental incapacity of an
employee to perform assigned duties.
(Source: P.A. 87-794.)
|
(40 ILCS 5/13-209.5) Sec. 13-209.5. Licensed health care professional. "Licensed health care professional" means any individual who has obtained a license through the Department of Financial and Professional Regulation under the Medical Practice Act of 1987 or under the Physician Assistant Practice Act of 1987 or an advanced practice registered nurse licensed under the Nurse Practice Act. (Source: P.A. 103-523, eff. 1-1-24 .) |
(40 ILCS 5/13-210) (from Ch. 108 1/2, par. 13-210)
Sec. 13-210.
"Withdraw" or "withdrawal":
Discharge, termination or
resignation of an employee.
(Source: P.A. 87-794.)
|
(40 ILCS 5/13-211) (from Ch. 108 1/2, par. 13-211)
Sec. 13-211.
"Assets":
The total value of cash, securities and other
property held. Bonds shall be held at their amortized book values. Other
investments shall be carried at book value in accordance with accounting
procedures approved by the Board. Adjustments shall not be made in
investment valuations for ordinary current market price fluctuation.
(Source: P.A. 87-794.)
|
(40 ILCS 5/13-212) (from Ch. 108 1/2, par. 13-212)
Sec. 13-212.
"Age":
Age at last birthday preceding the date on which
ascertainment of age is necessary to any computation under this Article.
(Source: P.A. 87-794.)
|
(40 ILCS 5/13-213) (from Ch. 108 1/2, par. 13-213)
Sec. 13-213.
"Contributions":
Any moneys paid or payable to
the Fund by the District or by any employee, or any salary deduction hereunder.
(Source: P.A. 92-53, eff. 7-12-01.)
|