Full Text of SB0550 96th General Assembly
SB0550enr 96TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning public employee benefits.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Pension Code is amended by changing | 5 | | Sections 1-160, 2-108.1, 2-119, 2-119.01, 2-119.1, 2-121.1, | 6 | | 2-122, 2-126, 8-168, 9-164, 9-220, 11-164, 13-601, 14-103.05, | 7 | | 14-103.10, 15-112, 15-113.6, 15-134, 15-136.3, 15-146, 18-115, | 8 | | 18-125, 18-125.1, 18-127, 18-128.01, and 18-133 as follows: | 9 | | (40 ILCS 5/1-160) | 10 | | Sec. 1-160. Provisions applicable to new hires. | 11 | | (a) The provisions of this Section apply to a person who , | 12 | | on or after January 1, 2011, first becomes a member or an | 13 | | employee and a participant under any reciprocal retirement | 14 | | system or pension fund established under this Code, other than | 15 | | a retirement system or pension fund established under Article | 16 | | 2, 3, 4, 5, 6, or 18 of this Code, on or after the effective | 17 | | date of this amendatory Act of the 96th General Assembly | 18 | | notwithstanding any other provision of this Code to the | 19 | | contrary, but do not apply to any self-managed plan established | 20 | | under this Code, to any person with respect to service as a | 21 | | sheriff's law enforcement employee under Article 7, or to any | 22 | | participant of the retirement plan established under Section | 23 | | 22-101. |
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| 1 | | (b) "Final average salary" means the average monthly (or | 2 | | annual) salary obtained by dividing the total salary or | 3 | | earnings calculated under the Article applicable to of the | 4 | | member or participant during the 96 consecutive months (or 8 | 5 | | consecutive years) of service within the last 120 months (or 10 | 6 | | years) of service in which the total salary or earnings | 7 | | calculated under the applicable Article was the highest by the | 8 | | number of months (or years) of service in that period ; however, | 9 | | the annual final average salary may not exceed $106,800, as | 10 | | automatically increased
by the lesser of 3% or one-half of the | 11 | | annual increase in the consumer price index-u
during the | 12 | | preceding 12-month calendar year . For the purposes of a person | 13 | | who first becomes a member or participant an employee of any | 14 | | retirement system or pension fund to which this Section applies | 15 | | on or after January 1, 2011 the effective date of this | 16 | | amendatory Act of the 96th General Assembly , in this Code, | 17 | | "final average salary" shall be substituted for the following: | 18 | | (1) In Articles 7 (except for service as sheriff's law | 19 | | enforcement employees) and 15, "final rate of earnings". | 20 | | (2) In Articles 8, 9, 10, 11, and 12, "highest average | 21 | | annual salary for any 4 consecutive years within the last | 22 | | 10 years of service immediately preceding the date of | 23 | | withdrawal". | 24 | | (3) In Article 13, "average final salary". | 25 | | (4) In Article 14, "final average compensation". | 26 | | (5) In Article 17, "average salary". |
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| 1 | | (6) In Section 22-207, "wages or salary received by him | 2 | | at the date of retirement or discharge". | 3 | | (b-5) Beginning on January 1, 2011, for all purposes under | 4 | | this Code (including without limitation the calculation of | 5 | | benefits and employee contributions), the annual earnings, | 6 | | salary, or wages (based on the plan year) of a member or | 7 | | participant to whom this Section applies shall not exceed | 8 | | $106,800; however, that amount shall annually thereafter be | 9 | | increased by the lesser of (i) 3% of that amount, including all | 10 | | previous adjustments, or (ii) one-half the annual unadjusted | 11 | | percentage increase (but not less than zero) in the consumer | 12 | | price index-u
for the 12 months ending with the September | 13 | | preceding each November 1, including all previous adjustments. | 14 | | For the purposes of this Section, "consumer price index-u" | 15 | | means
the index published by the Bureau of Labor Statistics of | 16 | | the United States
Department of Labor that measures the average | 17 | | change in prices of goods and
services purchased by all urban | 18 | | consumers, United States city average, all
items, 1982-84 = | 19 | | 100. The new amount resulting from each annual adjustment
shall | 20 | | be determined by the Public Pension Division of the Department | 21 | | of Insurance and made available to the boards of the retirement | 22 | | systems and pension funds by November 1 of each year . | 23 | | (c) A member or participant is entitled to a retirement
| 24 | | annuity upon beginning on the date specified by the participant | 25 | | in
a written application only if , on that specified date, he or | 26 | | she has attained age 67 and has at least 10 years of service |
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| 1 | | credit and is otherwise eligible under the requirements of the | 2 | | applicable Article . | 3 | | A member or participant who has attained age 62 and has at | 4 | | least 10 years of service credit and is otherwise eligible | 5 | | under the requirements of the applicable Article may elect to | 6 | | receive the lower retirement annuity provided
in subsection (d) | 7 | | of this Section. | 8 | | (d) The retirement annuity of a member or participant who | 9 | | is retiring after attaining age 62 with at least 10 years of | 10 | | service credit shall be reduced by one-half
of 1% for each full | 11 | | month that the member's age is under age 67. | 12 | | (e) Any retirement annuity or supplemental annuity shall be | 13 | | subject to annual increases on the January 1 occurring either | 14 | | on or after the attainment of age 67 or the first anniversary | 15 | | of the annuity start date, whichever is later upon (1) | 16 | | attainment of age 67 or (2) the first anniversary of the | 17 | | commencement of the annuity,
whichever occurs later . Each | 18 | | annual increase shall be calculated at 3% or one-half the | 19 | | annual unadjusted percentage increase (but not less than zero) | 20 | | in the consumer price index-u for the 12 months ending with the | 21 | | September preceding each November 1 for the preceding calendar | 22 | | year , whichever is less, of the originally granted retirement | 23 | | annuity. If the annual unadjusted percentage change increase in | 24 | | the consumer price index-u for the 12 months ending with the | 25 | | September preceding each November 1 calendar year is zero or | 26 | | there is a decrease, then the annuity shall not be increased. |
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| 1 | | (f) The initial survivor's or widow's annuity of an | 2 | | otherwise eligible survivor or widow of a retired member or | 3 | | participant who first became a member or becomes a participant | 4 | | on or after January 1, 2011 the effective date of this | 5 | | amendatory Act of the 96th General Assembly shall be in the | 6 | | amount of 66 2/3% of the retired member's or participant's | 7 | | earned retirement annuity at the date of death . In the case of | 8 | | the death of a member or participant who has not retired and | 9 | | who first became a member or participant on or after January 1, | 10 | | 2011, eligibility for a survivor's or widow's annuity shall be | 11 | | determined by the applicable Article of this Code. The initial | 12 | | benefit shall be 66 2/3% of the earned annuity without a | 13 | | reduction due to age. A child's annuity of an otherwise | 14 | | eligible child shall be in the amount prescribed under each | 15 | | Article if applicable. Any survivor's or widow's annuity and | 16 | | shall be increased (1) on each January 1 occurring on or after | 17 | | the commencement of the annuity if
the deceased member died | 18 | | while receiving a retirement annuity or (2) in
other cases, on | 19 | | each January 1 occurring after the first anniversary
of the | 20 | | commencement of the annuity. Each annual increase shall be | 21 | | calculated at 3% or one-half the annual unadjusted percentage | 22 | | increase (but not less than zero) in the consumer price index-u | 23 | | for the 12 months ending with the September preceding each | 24 | | November 1 for the preceding calendar year , whichever is less, | 25 | | of the originally granted survivor's annuity. If the annual | 26 | | unadjusted percentage change increase in the consumer price |
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| 1 | | index-u for the 12 months ending with the September preceding | 2 | | each November 1 calendar year is zero or there is a decrease, | 3 | | then the annuity shall not be increased. | 4 | | (g) The benefits in Section 14-110 apply only if the person | 5 | | is a State policeman, a fire fighter in the fire protection | 6 | | service of a department, or a security employee of the | 7 | | Department of Corrections or the Department of Juvenile | 8 | | Justice, as those terms are defined in subsection (b) of | 9 | | Section 14-110. A person who meets the requirements of this | 10 | | Section is entitled to an annuity calculated under the | 11 | | provisions of Section 14-110, in lieu of the regular or minimum | 12 | | retirement annuity, only if the person has withdrawn from | 13 | | service with not less than 20
years of eligible creditable | 14 | | service and has attained age 60, regardless of whether
the | 15 | | attainment of age 60 occurs while the person is
still in | 16 | | service. | 17 | | (h) If a person who first becomes a member or a participant | 18 | | of a retirement system or pension fund subject to this Section | 19 | | on or after January 1, 2011 the effective date of this | 20 | | amendatory Act of the 96th General Assembly is receiving a | 21 | | retirement annuity or retirement pension under that system or | 22 | | fund and becomes a member or participant under accepts | 23 | | employment in a position covered under the same Article or any | 24 | | other system or fund created by Article of this Code and is | 25 | | employed on a full-time basis, except for those members or | 26 | | participants exempted from the provisions of this Section under |
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| 1 | | subsection (a) of this Section, then the person's retirement | 2 | | annuity or retirement pension under that system or fund shall | 3 | | be suspended during that employment. Upon termination of that | 4 | | employment, the person's retirement annuity or retirement | 5 | | pension payments shall resume and , if appropriate, be | 6 | | recalculated if recalculation is provided for under the | 7 | | applicable Article provisions of this Code. | 8 | | (i) Notwithstanding any other provision of this Section, a | 9 | | person who first becomes a participant of the retirement system | 10 | | established under Article 15 on or after January 1, 2011 the | 11 | | effective date of this amendatory Act of the 96th General | 12 | | Assembly shall have the option to enroll in the self-managed | 13 | | plan created under Section 15-158.2 of this Code. | 14 | | (j) In the case of a conflict between the provisions of | 15 | | this Section and any other provision of this Code, the | 16 | | provisions of this Section shall control.
| 17 | | (Source: P.A. 96-889, eff. 1-1-11 .)
| 18 | | (40 ILCS 5/2-108.1) (from Ch. 108 1/2, par. 2-108.1)
| 19 | | (Text of Section after amendment by P.A. 96-889 )
| 20 | | Sec. 2-108.1. Highest salary for annuity purposes.
| 21 | | (a) "Highest salary for annuity purposes" means whichever | 22 | | of
the following is applicable to the participant:
| 23 | | For a participant who first becomes a participant of this | 24 | | System before August 10, 2009 (the effective date of Public Act | 25 | | 96-207):
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| 1 | | (1) For a participant who is a member of the General | 2 | | Assembly on his
or her last day of service: the highest | 3 | | salary that is prescribed by law,
on the participant's last | 4 | | day of service, for a member of the General
Assembly who is | 5 | | not an officer; plus, if the participant was elected or
| 6 | | appointed to serve as an officer of the General Assembly | 7 | | for 2 or more
years and has made contributions as required | 8 | | under subsection (d) of
Section 2-126, the highest | 9 | | additional amount of compensation prescribed by
law, at the | 10 | | time of the participant's service as an officer, for | 11 | | members of
the General Assembly who serve in that office.
| 12 | | (2) For a participant who holds one of the State | 13 | | executive offices
specified in Section 2-105 on his or her | 14 | | last day of service: the highest
salary prescribed by law | 15 | | for service in that office on the participant's
last day of | 16 | | service.
| 17 | | (3) For a participant who is Clerk or Assistant Clerk | 18 | | of the House of Representatives or Secretary or Assistant | 19 | | Secretary of the Senate
on his or her last day of service: | 20 | | the salary received for service in that
capacity on the | 21 | | last day of service, but not to exceed the highest salary
| 22 | | (including additional compensation for service as an | 23 | | officer) that is
prescribed by law on the participant's | 24 | | last day of service for the highest
paid officer of the | 25 | | General Assembly.
| 26 | | (4) For a participant who is a continuing participant |
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| 1 | | under Section
2-117.1 on his or her last day of service: | 2 | | the salary received for service
in that capacity on the | 3 | | last day of service, but not to exceed the highest
salary | 4 | | (including additional compensation for service as an | 5 | | officer) that
is prescribed by law on the participant's | 6 | | last day of service for the
highest paid officer of the | 7 | | General Assembly.
| 8 | | For a participant who first becomes a participant of this | 9 | | System on or after August 10, 2009 (the effective date of | 10 | | Public Act 96-207) and before January 1, 2011 ( the effective | 11 | | date of Public Act 96-889) this amendatory Act of the 96th | 12 | | General Assembly , the average monthly salary obtained by | 13 | | dividing the total salary of the participant during the period | 14 | | of: (1) the 48 consecutive months of service within the last | 15 | | 120 months of service in which the total compensation was the | 16 | | highest, or (2) the total period of service, if less than 48 | 17 | | months, by the number of months of service in that period. | 18 | | For a participant who first becomes a participant of this | 19 | | System on or after January 1, 2011 ( the effective date of | 20 | | Public Act 96-889) this amendatory Act of the 96th General | 21 | | Assembly , the average monthly salary obtained by dividing the | 22 | | total salary of the participant during the 96 consecutive | 23 | | months of service within the last 120 months of service in | 24 | | which the total compensation was the highest by the number of | 25 | | months of service in that period; however, beginning January 1, | 26 | | 2011, the highest salary for annuity purposes may not exceed |
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| 1 | | $106,800, except that that amount shall annually thereafter be | 2 | | increased by the lesser of (i) 3% of that amount, including all | 3 | | previous adjustments, or (ii) the annual unadjusted percentage | 4 | | increase (but not less than zero) the Social Security Covered | 5 | | Wage Base for 2010, and shall automatically be increased or | 6 | | decreased, as applicable,
by a percentage equal to the | 7 | | percentage change in the consumer price index-u
for the 12 | 8 | | months ending with the September preceding each November 1 | 9 | | during the preceding 12-month calendar year . "Consumer price | 10 | | index-u" means
the index published by the Bureau of Labor | 11 | | Statistics of the United States
Department of Labor that | 12 | | measures the average change in prices of goods and
services | 13 | | purchased by all urban consumers, United States city average, | 14 | | all
items, 1982-84 = 100. The new amount resulting from each | 15 | | annual adjustment
shall be determined by the Public Pension | 16 | | Division of the Department of Insurance and made available to | 17 | | the Board by November 1 of each year . | 18 | | (b) The earnings limitations of subsection (a) apply to | 19 | | earnings
under any other participating system under the | 20 | | Retirement Systems Reciprocal
Act that are considered in | 21 | | calculating a proportional annuity under this
Article, except | 22 | | in the case of a person who first became a member of this
| 23 | | System before August 22,
1994.
| 24 | | (c) In calculating the subsection (a) earnings limitation | 25 | | to be applied to
earnings under any other participating system | 26 | | under the Retirement Systems
Reciprocal Act for the purpose of |
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| 1 | | calculating a proportional annuity under this
Article, the | 2 | | participant's last day of service shall be deemed to mean the | 3 | | last
day of service in any participating system from which the | 4 | | person has applied
for a proportional annuity under the | 5 | | Retirement Systems Reciprocal Act.
| 6 | | (Source: P.A. 96-207, eff. 8-10-09; 96-889, eff. 1-1-11.)
| 7 | | (40 ILCS 5/2-119) (from Ch. 108 1/2, par. 2-119)
| 8 | | (Text of Section after amendment by P.A. 96-889 )
| 9 | | Sec. 2-119. Retirement annuity - conditions for | 10 | | eligibility. | 11 | | (a)
A participant whose service as a
member is terminated, | 12 | | regardless of age or cause, is entitled to a retirement
annuity | 13 | | beginning on the date specified by the participant in
a written | 14 | | application subject to the following conditions:
| 15 | | 1. The date the annuity begins does not precede
the | 16 | | date of final
termination of service, or is not more than | 17 | | 30 days before the receipt
of the application
by the board | 18 | | in the case of annuities based on disability or one year | 19 | | before
the receipt of the application in the case of | 20 | | annuities
based on attained age;
| 21 | | 2. The participant meets one of the following | 22 | | eligibility requirements: | 23 | | For a participant who first becomes a participant of | 24 | | this System before January 1, 2011 ( the effective date of | 25 | | Public Act 96-889) this amendatory Act of the 96th General |
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| 1 | | Assembly :
| 2 | | (A) He or she has attained age 55 and has at least | 3 | | 8 years of service credit;
| 4 | | (B) He or she has attained age 62 and terminated | 5 | | service after July 1,
1971 with at least 4 years of | 6 | | service credit; or
| 7 | | (C) He or she has completed 8 years of service and | 8 | | has become
permanently disabled and as a consequence, | 9 | | is unable to perform the duties
of his or her office.
| 10 | | For a participant who first becomes a participant of | 11 | | this System on or after January 1, 2011 ( the effective date | 12 | | of Public Act 96-889) this amendatory Act of the 96th | 13 | | General Assembly , he or she has attained age 67 and has at | 14 | | least 8 years of service credit. | 15 | | (a-5) A participant who first becomes a participant of this | 16 | | System on or after January 1, 2011 ( the effective date of | 17 | | Public Act 96-889) this amendatory Act of the 96th General | 18 | | Assembly who has attained age 62 and has at least 8 years of | 19 | | service credit may elect to receive the lower retirement | 20 | | annuity provided
in paragraph (c) of Section 2-119.01 of this | 21 | | Code. | 22 | | (b) A participant shall be considered permanently disabled | 23 | | only if:
(1) disability occurs while in service and is
of such | 24 | | a nature
as to prevent him or her from reasonably performing | 25 | | the duties of his
or her office at
the time; and (2) the board | 26 | | has received a written certificate by at
least 2 licensed |
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| 1 | | physicians appointed by the board stating that the member is
| 2 | | disabled and that the disability is likely to be permanent.
| 3 | | (Source: P.A. 96-889, eff. 1-1-11.)
| 4 | | (40 ILCS 5/2-119.01) (from Ch. 108 1/2, par. 2-119.01)
| 5 | | (Text of Section after amendment by P.A. 96-889 )
| 6 | | Sec. 2-119.01. Retirement annuities - Amount.
| 7 | | (a) For a participant
in service after June 30, 1977 who | 8 | | has not made contributions to this System
after January 1, | 9 | | 1982, the annual retirement annuity is 3% for each of the
first | 10 | | 8 years of service, plus 4% for each of the next 4 years of | 11 | | service,
plus 5% for each year of service in excess of 12 | 12 | | years, based on the
participant's highest salary for annuity | 13 | | purposes. The maximum
retirement annuity payable
shall be 80% | 14 | | of the participant's highest salary for
annuity purposes.
| 15 | | (b) For a participant in service after June 30, 1977 who | 16 | | has made
contributions to this System on or after January 1, | 17 | | 1982, the annual
retirement annuity is 3% for each of the first | 18 | | 4 years of service, plus 3
1/2% for each of the next 2 years of | 19 | | service, plus 4% for each of the next
2 years of service, plus | 20 | | 4 1/2% for each of the next 4 years of service,
plus 5% for each | 21 | | year of service in excess of 12 years, of the
participant's | 22 | | highest salary for annuity purposes. The maximum retirement
| 23 | | annuity payable shall be 85% of the participant's highest
| 24 | | salary for annuity purposes.
| 25 | | (c) Notwithstanding any other provision of this Article, |
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| 1 | | for a participant who first becomes a participant on or after | 2 | | January 1, 2011 ( the effective date of Public Act 96-889) this | 3 | | amendatory Act of the 96th General Assembly , the annual
| 4 | | retirement annuity is 3% of the
participant's highest salary | 5 | | for annuity purposes for each year of service. The maximum | 6 | | retirement
annuity payable shall be 60% of the participant's | 7 | | highest
salary for annuity purposes. | 8 | | (d) Notwithstanding any other provision of this Article, | 9 | | for a participant who first becomes a participant on or after | 10 | | January 1, 2011 ( the effective date of Public Act 96-889) this | 11 | | amendatory Act of the 96th General Assembly and who is retiring | 12 | | after attaining age 62 with at least 8 years of service credit, | 13 | | the retirement annuity shall be reduced by one-half
of 1% for | 14 | | each month that the member's age is under age 67. | 15 | | (Source: P.A. 96-889, eff. 1-1-11.)
| 16 | | (40 ILCS 5/2-119.1) (from Ch. 108 1/2, par. 2-119.1)
| 17 | | (Text of Section after amendment by P.A. 96-889 )
| 18 | | Sec. 2-119.1. Automatic increase in retirement annuity.
| 19 | | (a) A participant who retires after June 30, 1967, and who | 20 | | has not
received an initial increase under this Section before | 21 | | the effective date
of this amendatory Act of 1991, shall, in | 22 | | January or July next following
the first anniversary of | 23 | | retirement, whichever occurs first, and in the same
month of | 24 | | each year thereafter, but in no event prior to age 60, have the | 25 | | amount
of the originally granted retirement annuity increased |
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| 1 | | as follows: for each
year through 1971, 1 1/2%; for each year | 2 | | from 1972 through 1979, 2%; and for
1980 and each year | 3 | | thereafter, 3%. Annuitants who have received an initial
| 4 | | increase under this subsection prior to the effective date of | 5 | | this amendatory
Act of 1991 shall continue to receive their | 6 | | annual increases in the same month
as the initial increase.
| 7 | | (b) Beginning January 1, 1990, for eligible participants | 8 | | who remain
in service after attaining 20 years of creditable | 9 | | service, the 3% increases
provided under subsection (a) shall | 10 | | begin to accrue on the January 1 next
following the date upon | 11 | | which the participant (1) attains age 55, or (2)
attains 20 | 12 | | years of creditable service, whichever occurs later, and shall
| 13 | | continue to accrue while the participant remains in service; | 14 | | such increases
shall become payable on January 1 or July 1, | 15 | | whichever occurs first, next
following the first anniversary of | 16 | | retirement. For any person who has service
credit in the System | 17 | | for the entire period from January 15, 1969 through
December | 18 | | 31, 1992, regardless of the date of termination of service, the
| 19 | | reference to age 55 in clause (1) of this subsection (b) shall | 20 | | be deemed to
mean age 50.
| 21 | | This subsection (b) does not apply to any person who first | 22 | | becomes a
member of the System after the effective date of this | 23 | | amendatory Act of
the 93rd General Assembly.
| 24 | | (b-5) Notwithstanding any other provision of this Article, | 25 | | a participant who first becomes a participant on or after | 26 | | January 1, 2011 ( the effective date of Public Act 96-889) this |
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| 1 | | amendatory Act of the 96th General Assembly shall, in January | 2 | | or July next following the first anniversary of retirement, | 3 | | whichever occurs first, and in the same month of each year | 4 | | thereafter, but in no event prior to age 67, have the amount of | 5 | | the retirement annuity then being paid increased by 3% or the | 6 | | annual unadjusted percentage increase change in the Consumer | 7 | | Price Index for All Urban Consumers as determined by the Public | 8 | | Pension Division of the Department of Insurance under | 9 | | subsection (a) of Section 2-108.1 , whichever is less. | 10 | | (c) The foregoing provisions relating to automatic | 11 | | increases are not
applicable to a participant who retires | 12 | | before having made contributions
(at the rate prescribed in | 13 | | Section 2-126) for automatic increases for less
than the | 14 | | equivalent of one full year. However, in order to be eligible | 15 | | for
the automatic increases, such a participant may make | 16 | | arrangements to pay
to the system the amount required to bring | 17 | | the total contributions for the
automatic increase to the | 18 | | equivalent of one year's contributions based upon
his or her | 19 | | last salary.
| 20 | | (d) A participant who terminated service prior to July 1, | 21 | | 1967, with at
least 14 years of service is entitled to an | 22 | | increase in retirement annuity
beginning January, 1976, and to | 23 | | additional increases in January of each
year thereafter.
| 24 | | The initial increase shall be 1 1/2% of the originally | 25 | | granted retirement
annuity multiplied by the number of full | 26 | | years that the annuitant was in
receipt of such annuity prior |
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| 1 | | to January 1, 1972, plus 2% of the originally
granted | 2 | | retirement annuity for each year after that date. The | 3 | | subsequent
annual increases shall be at the rate of 2% of the | 4 | | originally granted
retirement annuity for each year through | 5 | | 1979 and at the rate of 3% for
1980 and thereafter.
| 6 | | (e) Beginning January 1, 1990, all automatic annual | 7 | | increases payable
under this Section shall be calculated as a | 8 | | percentage of the total annuity
payable at the time of the | 9 | | increase, including previous increases granted
under this | 10 | | Article.
| 11 | | (Source: P.A. 96-889, eff. 1-1-11.)
| 12 | | (40 ILCS 5/2-121.1) (from Ch. 108 1/2, par. 2-121.1)
| 13 | | (Text of Section after amendment by P.A. 96-889 )
| 14 | | Sec. 2-121.1. Survivor's annuity - amount.
| 15 | | (a) A surviving spouse shall be entitled to 66 2/3% of the | 16 | | amount of
retirement annuity to which the participant or | 17 | | annuitant was entitled on
the date of death, without regard to | 18 | | whether the participant had attained
age 55 prior to his or her | 19 | | death, subject to a minimum payment of 10% of
salary. If a | 20 | | surviving spouse, regardless of age, has in his or her care
at | 21 | | the date of death any eligible child or children of the | 22 | | participant, the
survivor's annuity shall be the greater of the | 23 | | following: (1) 66 2/3% of
the amount of retirement annuity to | 24 | | which the participant or annuitant was
entitled on the date of | 25 | | death, or (2) 30% of the participant's salary
increased by 10% |
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| 1 | | of salary on account of each such child, subject to a
total | 2 | | payment for the surviving spouse and children of 50% of salary. | 3 | | If
eligible children survive but there is no surviving spouse, | 4 | | or if the
surviving spouse dies or becomes disqualified by
| 5 | | remarriage while eligible children survive, each
eligible | 6 | | child shall be entitled to an annuity of 20% of salary, subject
| 7 | | to a maximum total payment for all such children of 50% of | 8 | | salary.
| 9 | | However, the survivor's annuity payable under this Section | 10 | | shall not be
less than 100% of the amount of retirement annuity | 11 | | to which the participant
or annuitant was entitled on the date | 12 | | of death, if he or she is survived by
a dependent disabled | 13 | | child.
| 14 | | The salary to be used for determining these benefits shall | 15 | | be the
salary used for determining the amount of retirement | 16 | | annuity as provided
in Section 2-119.01.
| 17 | | (b) Upon the death of a participant after the termination | 18 | | of service or
upon death of an annuitant, the maximum total | 19 | | payment to a surviving spouse
and eligible children, or to | 20 | | eligible children alone if there is no surviving
spouse, shall | 21 | | be 75% of the retirement annuity to which the participant
or | 22 | | annuitant was entitled, unless there is a dependent disabled | 23 | | child
among the survivors.
| 24 | | (c) When a child ceases to be an eligible child, the | 25 | | annuity to that
child, or to the surviving spouse on account of | 26 | | that child, shall thereupon
cease, and the annuity payable to |
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| 1 | | the surviving spouse or other eligible
children shall be | 2 | | recalculated if necessary.
| 3 | | Upon the ineligibility of the last eligible child, the | 4 | | annuity shall
immediately revert to the amount payable upon | 5 | | death of a participant or
annuitant who leaves no eligible | 6 | | children. If the surviving spouse is then
under age 50, the | 7 | | annuity as revised shall be deferred until the attainment
of | 8 | | age 50.
| 9 | | (d) Beginning January 1, 1990, every survivor's annuity | 10 | | shall be increased
(1) on each January 1 occurring on or after | 11 | | the commencement of the annuity if
the deceased member died | 12 | | while receiving a retirement annuity, or (2) in
other cases, on | 13 | | each January 1 occurring on or after the first anniversary
of | 14 | | the commencement of the annuity, by an amount equal to 3% of | 15 | | the current
amount of the annuity, including any previous | 16 | | increases under this Article.
Such increases shall apply | 17 | | without regard to whether the deceased member
was in service on | 18 | | or after the effective date of this amendatory Act of
1991, but | 19 | | shall not accrue for any period prior to January 1, 1990.
| 20 | | (d-5) Notwithstanding any other provision of this Article, | 21 | | the initial survivor's annuity of a survivor of a participant | 22 | | who first becomes a participant on or after January 1, 2011 | 23 | | ( the effective date of Public Act 96-889) this amendatory Act | 24 | | of the 96th General Assembly shall be in the amount of 66 2/3% | 25 | | of the amount of the retirement annuity to which the | 26 | | participant or annuitant was entitled on the date of death and |
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| 1 | | shall be increased (1) on each January 1 occurring on or after | 2 | | the commencement of the annuity if
the deceased member died | 3 | | while receiving a retirement annuity or (2) in
other cases, on | 4 | | each January 1 occurring on or after the first anniversary
of | 5 | | the commencement of the annuity, by an amount equal to 3% or | 6 | | the annual unadjusted percentage increase change in the | 7 | | Consumer Price Index for All Urban Consumers as determined by | 8 | | the Public Pension Division of the Department of Insurance | 9 | | under subsection (a) of Section 2-108.1 , whichever is less, of | 10 | | the survivor's annuity then being paid. | 11 | | (e) Notwithstanding any other provision of this Article, | 12 | | beginning
January 1, 1990, the minimum survivor's annuity | 13 | | payable to any person who
is entitled to receive a survivor's | 14 | | annuity under this Article shall be
$300 per month, without | 15 | | regard to whether or not the deceased participant
was in | 16 | | service on the effective date of this amendatory Act of 1989.
| 17 | | (f) In the case of a proportional survivor's annuity | 18 | | arising under
the Retirement Systems Reciprocal Act where the | 19 | | amount payable by the
System on January 1, 1993 is less than | 20 | | $300 per month, the amount payable
by the System shall be | 21 | | increased beginning on that date by a monthly amount
equal to | 22 | | $2 for each full year that has expired since the annuity began.
| 23 | | (Source: P.A. 96-889, eff. 1-1-11.)
| 24 | | (40 ILCS 5/2-122) (from Ch. 108 1/2, par. 2-122)
| 25 | | (Text of Section after amendment by P.A. 96-889 )
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| 1 | | Sec. 2-122. Re-entry after retirement. An annuitant who | 2 | | re-enters service as a member shall become a
participant on the | 3 | | date of re-entry and retirement annuity
payments shall cease at | 4 | | that time. The participant shall resume contributions
to the | 5 | | system on the date of re-entry at the rates then in effect and | 6 | | shall
begin to accrue additional service credit. He or she | 7 | | shall be entitled
to all rights
and privileges in the system, | 8 | | including death and disability benefits,
subject to the | 9 | | limitations herein provided, except refund of retirement
| 10 | | annuity contributions.
| 11 | | Upon subsequent retirement, the participant shall be | 12 | | entitled
to a retirement
annuity consisting of: (1) the amount | 13 | | of retirement annuity previously
granted and terminated by | 14 | | re-entry into service; and (2) the
amount of additional | 15 | | retirement annuity earned during the
additional service based | 16 | | on the provisions in effect at the date of such subsequent
| 17 | | retirement. However, the total retirement annuity shall not
| 18 | | exceed the maximum retirement annuity applicable
at the date of | 19 | | the participant's last
retirement. If the salary
of the | 20 | | participant following the latest re-entry
into service is | 21 | | higher than
that in effect at the date of the previous | 22 | | retirement and the
participant
restores to the system all | 23 | | amounts previously received as
retirement annuity payments, | 24 | | upon subsequent
retirement, the retirement annuity shall be | 25 | | recalculated
for all service credited under the system as | 26 | | though the participant
had not previously retired.
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| 1 | | The repayment of retirement annuity payments
must be made | 2 | | by
the participant in a single sum or by a withholding from
| 3 | | salary
within a period of 6 years from date of re-entry and in | 4 | | any event before
subsequent retirement. If previous annuity | 5 | | payments have not been repaid
to the system at the date of | 6 | | death of the participant,
any remaining
balance must be fully | 7 | | repaid to the system before any further annuity
shall be | 8 | | payable.
| 9 | | Such member, if unmarried at date of his last retirement, | 10 | | shall also
be entitled to a refund of widow's and widower's | 11 | | annuity contributions,
without interest, covering the period | 12 | | from the date of re-entry into
service to the date of last | 13 | | retirement.
| 14 | | Notwithstanding any other provision of this Article, if a | 15 | | person who first becomes a participant under this System on or | 16 | | after January 1, 2011 ( the effective date of Public Act 96-889) | 17 | | this amendatory Act of the 96th General Assembly is receiving a | 18 | | retirement annuity under this Article and becomes a member or | 19 | | participant accepts employment in a position covered under this | 20 | | Article or any other Article of this Code and is employed on a | 21 | | full-time basis, then the person's retirement annuity under | 22 | | this System shall be suspended during that employment. Upon | 23 | | termination of that employment, the person's retirement | 24 | | annuity shall resume and, if appropriate, be recalculated under | 25 | | the applicable provisions of this Article. | 26 | | (Source: P.A. 96-889, eff. 1-1-11.)
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| 1 | | (40 ILCS 5/2-126) (from Ch. 108 1/2, par. 2-126)
| 2 | | Sec. 2-126. Contributions by participants.
| 3 | | (a) Each participant shall contribute toward the cost of | 4 | | his or her
retirement annuity a percentage of each payment of | 5 | | salary received by him or
her for service as a member as | 6 | | follows: for service between October 31, 1947
and January 1, | 7 | | 1959, 5%; for service between January 1, 1959 and June 30, | 8 | | 1969,
6%; for service between July 1, 1969 and January 10, | 9 | | 1973, 6 1/2%; for service
after January 10, 1973, 7%; for | 10 | | service after December 31, 1981, 8 1/2%.
| 11 | | (b) Beginning August 2, 1949, each male participant, and | 12 | | from July 1,
1971, each female participant shall contribute | 13 | | towards the cost of the
survivor's annuity 2% of salary.
| 14 | | A participant who has no eligible survivor's annuity | 15 | | beneficiary may elect
to cease making contributions for | 16 | | survivor's annuity under this subsection.
A survivor's annuity | 17 | | shall not be payable upon the death of a person who has
made | 18 | | this election, unless prior to that death the election has been | 19 | | revoked
and the amount of the contributions that would have | 20 | | been paid under this
subsection in the absence of the election | 21 | | is paid to the System, together
with interest at the rate of 4% | 22 | | per year from the date the contributions
would have been made | 23 | | to the date of payment.
| 24 | | (c) Beginning July 1, 1967, each participant shall | 25 | | contribute 1% of
salary towards the cost of automatic increase |
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| 1 | | in annuity provided in
Section 2-119.1. These contributions | 2 | | shall be made concurrently with
contributions for retirement | 3 | | annuity purposes.
| 4 | | (d) In addition, each participant serving as an officer of | 5 | | the General
Assembly shall contribute, for the same purposes | 6 | | and at the same rates
as are required of a regular participant, | 7 | | on each additional payment
received as an officer. If the | 8 | | participant serves as an
officer for at least 2 but less than 4 | 9 | | years, he or she shall
contribute an amount equal to the amount | 10 | | that would have been contributed
had the participant served as | 11 | | an officer for 4 years. Persons who serve
as officers in the | 12 | | 87th General Assembly but cannot receive the additional
payment | 13 | | to officers because of the ban on increases in salary during | 14 | | their
terms may nonetheless make contributions based on those | 15 | | additional payments
for the purpose of having the additional | 16 | | payments included in their highest
salary for annuity purposes; | 17 | | however, persons electing to make these
additional | 18 | | contributions must also pay an amount representing the
| 19 | | corresponding employer contributions, as calculated by the | 20 | | System.
| 21 | | (e) Notwithstanding any other provision of this Article, | 22 | | the required contribution of a participant who first becomes a | 23 | | participant on or after January 1, 2011 shall not exceed the | 24 | | contribution that would be due under this Article if that | 25 | | participant's highest salary for annuity purposes were | 26 | | $106,800, plus any increases in that amount under Section |
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| 1 | | 2-108.1. | 2 | | (Source: P.A. 90-766, eff. 8-14-98.)
| 3 | | (40 ILCS 5/8-168) (from Ch. 108 1/2, par. 8-168)
| 4 | | Sec. 8-168.
Refunds - Withdrawal before age 55 or age 62 or | 5 | | with less than 10
years of service.
| 6 | | 1. An employee who first became a member before January 1, | 7 | | 2011 , without regard to length of service, who withdraws
before | 8 | | age 55, and any employee with less than 10 years of service who
| 9 | | withdraws before age 60, shall be entitled to a refund of the
| 10 | | accumulated sums to his credit, as of the date of withdrawal, | 11 | | for age
and service annuity and widow's annuity from amounts | 12 | | contributed by him,
including interest credited and including | 13 | | amounts contributed for him
for age and service and widow's | 14 | | annuity purposes by the city while
receiving duty disability | 15 | | benefits; provided that such amounts contributed
by the city | 16 | | after December 31, 1981, while the employee is receiving duty
| 17 | | disability benefits,
and amounts credited to
the employee for | 18 | | annuity purposes by the fund after December 31, 2000, while
the
| 19 | | employee is receiving ordinary disability benefits,
shall not | 20 | | be credited for refund purposes. If he
is a present employee he | 21 | | shall
also be entitled to a refund of the accumulations from | 22 | | any sums
contributed by him, and applied to any municipal | 23 | | pension fund superseded
by this fund.
| 24 | | An employee who first becomes a member on or after January | 25 | | 1, 2011 who withdraws before age 62 without regard to length of |
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| 1 | | service, or who withdraws with less than 10 years of service | 2 | | regardless of age, shall be entitled to a refund of the total | 3 | | sum accumulated to his credit as of date of withdrawal for age | 4 | | and service annuity and widow's annuity provided that such | 5 | | amounts contributed by the city while the employee is receiving | 6 | | duty disability benefits and amounts credited to the employee | 7 | | for annuity purposes by the fund while the employee is | 8 | | receiving ordinary disability benefits shall not be credited | 9 | | for refund purposes. | 10 | | 2. Upon receipt of the refund, the employee surrenders and | 11 | | forfeits
all rights to any annuity or other benefits, for | 12 | | himself and for any
other persons who might have benefited | 13 | | through him; provided that he may
have such period of service | 14 | | counted in computing the term of his service
if he becomes an | 15 | | employee before age 65, excepting as limited by the
provisions | 16 | | of paragraph (a) (3) of Section 8-232 of this Article
relating | 17 | | to the basis of computing the term of service.
| 18 | | 3. Any such employee shall retain such right to a refund of | 19 | | such
amounts when he shall apply for same until he re-enters | 20 | | the service or
until the amount of annuity shall have been | 21 | | fixed as provided in this
Article. Thereafter, no such right | 22 | | shall exist in the case of any such
employee.
| 23 | | 4. Any such municipal employee who shall have served 10 or | 24 | | more
years and who shall not withdraw the amounts aforesaid to | 25 | | which he shall
have a right of refund shall have a right to | 26 | | annuity as stated in this
Article.
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| 1 | | 5. Any such municipal employee who shall have served less | 2 | | than 10
years and who shall not withdraw the amounts to which | 3 | | he shall have a
right to refund shall have a right to have all | 4 | | such amounts and all
other amounts to his credit for annuity | 5 | | purposes on date of his
withdrawal from service retained to his | 6 | | credit and improved by interest
while he shall be out of the | 7 | | service at the rate of 3 1/2% or 3% per
annum (whichever rate | 8 | | shall apply under the provisions of Section 8-155
of this | 9 | | Article) and used for annuity purposes for his benefit and the
| 10 | | benefit of any person who may have any right to annuity through | 11 | | him
because of his service, according to the provisions of this | 12 | | Article in
the event that he shall subsequently re-enter the | 13 | | service and complete
the number of years of service necessary | 14 | | to attain a right to annuity;
but such sum shall be improved by | 15 | | interest to his credit while he shall
be out of the service | 16 | | only until he shall have become 65 years of age.
| 17 | | (Source: P.A. 92-599, eff. 6-28-02.)
| 18 | | (40 ILCS 5/9-164) (from Ch. 108 1/2, par. 9-164)
| 19 | | Sec. 9-164. Refunds - Withdrawal before age 55 or with less | 20 | | than 10
years of service.
| 21 | | (1) An employee, without regard to length of service, who | 22 | | withdraws
before age 55 (age 62 for an employee who first | 23 | | becomes a member on or after January 1, 2011) , and any employee | 24 | | with less than 10 years of service who
withdraws before age 60, | 25 | | and any employee who first becomes a member on or after January |
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| 1 | | 1, 2011 who withdraws with less than 10 years of service, shall | 2 | | be entitled to a refund of the total sums
accumulated to his | 3 | | credit as of date of withdrawal for age and service
annuity and | 4 | | widow's annuity resulting from amounts contributed by him or
by | 5 | | the county in lieu of employee contributions during duty | 6 | | disability.
If he is a present employee he shall also be | 7 | | entitled to a refund of the
total sum accumulated from any sums | 8 | | contributed by him and applied to
any county pension fund | 9 | | superseded by this fund. An employee withdrawing
on or after | 10 | | January 1, 1984 may receive a refund only after he has been
off | 11 | | the payroll for at least 30 days during which time he has | 12 | | received no salary.
| 13 | | (2) Upon receipt of the refund, the employee surrenders and | 14 | | forfeits
all rights to any annuity or other benefits for | 15 | | himself and for any
other persons who might have benefited | 16 | | through him; provided that he may
have any such period of | 17 | | service counted in computing the term of his
service - for age | 18 | | and service annuity purposes only - if he becomes an
employee | 19 | | before age 65, excepting as limited by the provisions of this
| 20 | | Article relating to the basis of computing the term of service.
| 21 | | (3) An employee who does not receive a refund shall have | 22 | | all amounts
to his credit for annuity purposes on the date of | 23 | | his withdrawal
improved by interest only until he becomes 65 | 24 | | while out of service at
the effective rate for his benefit and | 25 | | the benefit of any person who may
have any right to annuity | 26 | | through him if he re-enters service and
attains a right to |
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| 1 | | annuity.
| 2 | | (4) Any such employee shall retain such right to a refund | 3 | | of such
amounts when he shall apply for same until he re-enters | 4 | | the service or
until the amount of annuity shall have been | 5 | | fixed as provided in this
Article. Thereafter, no such right | 6 | | shall exist in the case of any such
employee.
| 7 | | (Source: P.A. 83-869.)
| 8 | | (40 ILCS 5/9-220) (from Ch. 108 1/2, par. 9-220)
| 9 | | Sec. 9-220. Basis of service credit.
| 10 | | (a) In computing the period of service of any employee for | 11 | | annuity
purposes under Section 9-134, the following provisions | 12 | | shall govern:
| 13 | | (1) All periods prior to the effective date shall be | 14 | | computed in
accordance with the provisions governing the | 15 | | computation of such
service.
| 16 | | (2) Service on or after the effective date shall | 17 | | include:
| 18 | | (i) The actual period of time the employee | 19 | | contributes or has
contributed to the fund for service | 20 | | rendered to age 65 plus the actual
period of time after | 21 | | age 65 for which the employee performs the duties of
| 22 | | his position or performs such duties and is given a | 23 | | county contribution for
age and service annuity or | 24 | | minimum annuity purposes.
| 25 | | (ii) Leaves of absence from duty, or vacation, for |
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| 1 | | which an
employee receives all or part of his salary.
| 2 | | (iii) Accumulated vacation or other time for which | 3 | | an employee who
retires on or after November 1, 1990 | 4 | | receives a lump sum payment at the
time of retirement, | 5 | | provided that contributions were made to the fund at
| 6 | | the time such lump sum payment was received. The | 7 | | service granted for the
lump sum payment shall not | 8 | | change the employee's date of withdrawal for
computing | 9 | | the effective date of the annuity.
| 10 | | (iv) Accumulated sick leave as of the date of the | 11 | | employee's
withdrawal from service, not to exceed a | 12 | | total of 180 days, provided that
the amount of such | 13 | | accumulated sick leave is certified by the County
| 14 | | Comptroller to the Board and the employee pays an | 15 | | amount equal to 8.5% (9%
for members of the County | 16 | | Police Department who are eligible to receive an
| 17 | | annuity under Section 9-128.1) of the amount that would | 18 | | have been paid had
such accumulated sick leave been | 19 | | paid at the employee's final rate of
salary. Such | 20 | | payment shall be made within 30 days after the date of
| 21 | | withdrawal and prior to receipt of the first annuity | 22 | | check. The service
credit granted for such accumulated | 23 | | sick leave shall not change the
employee's date of | 24 | | withdrawal for the purpose of computing the effective
| 25 | | date of the annuity.
| 26 | | (v) Periods during which the employee has had |
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| 1 | | contributions for
annuity purposes made for him in | 2 | | accordance with law while on military
leave of absence | 3 | | during World War II.
| 4 | | (vi) Periods during which the employee receives a
| 5 | | disability benefit under this Article. | 6 | | (vii) For any person who first becomes a member on | 7 | | or after January 1, 2011, the actual period of time the | 8 | | employee contributes or has contributed to the fund for | 9 | | service rendered up to the limitation on salary in | 10 | | subsection (b-5) of Section 1-160 plus the actual | 11 | | period of time thereafter for which the employee | 12 | | performs the duties of his position and ceased | 13 | | contributing due to the salary limitation in | 14 | | subsection (b-5) of Section 1-160.
| 15 | | (3) The right to have certain periods of time
| 16 | | considered as service as stated in paragraph (2) of Section | 17 | | 9-164 shall
not apply for annuity purposes unless the | 18 | | refunds shall have been repaid
in accordance with this | 19 | | Article.
| 20 | | (4) All service shall be computed
in whole calendar | 21 | | months, and at least 15 days of service in any one
calendar | 22 | | month shall constitute one calendar month of service, and 1
| 23 | | year of service shall be equal to the number of months, | 24 | | days or hours
for which an appropriation was made in the | 25 | | annual appropriation
ordinance for the position held by the | 26 | | employee.
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| 1 | | (b) For all other annuity purposes of this Article the | 2 | | following
schedule shall govern the computation of a year of | 3 | | service of an
employee whose salary or wages is on the basis | 4 | | stated, and any
fractional part of a year of service shall be | 5 | | determined according to
said schedule:
| 6 | | Annual or Monthly Basis: Service during 4 months in any 1 | 7 | | calendar
year;
| 8 | | Weekly Basis: Service during any 17 weeks of any 1 calendar | 9 | | year, and
service during any week shall constitute a week of | 10 | | service;
| 11 | | Daily Basis: Service during 100 days in any 1 calendar | 12 | | year, and
service during any day shall constitute a day of | 13 | | service;
| 14 | | Hourly Basis: Service during 800 hours in any 1 calendar | 15 | | year, and
service during any hour shall constitute an hour of | 16 | | service.
| 17 | | (Source: P.A. 86-1488; 87-794.)
| 18 | | (40 ILCS 5/11-164) (from Ch. 108 1/2, par. 11-164)
| 19 | | Sec. 11-164.
Refunds - Withdrawal before age 55 or age 62 | 20 | | or with less than 10
years of service.
| 21 | | (1) An employee who first became a member before January 1, | 22 | | 2011 , without regard to length of service, who withdraws
before | 23 | | age 55, and any employee with less than 10 years of service who
| 24 | | withdraws before age 60, shall be entitled to a refund of the | 25 | | total sum
accumulated to his credit as of date of withdrawal |
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| 1 | | for age and service
annuity and widow's annuity from amounts | 2 | | contributed by him or by the
City in lieu of employee | 3 | | contributions during duty disability; provided
that such | 4 | | amounts contributed by the city after December 31, 1983 while
| 5 | | the employee is receiving duty disability benefits and amounts | 6 | | credited to
the employee for annuity purposes by the fund after | 7 | | December 31, 2000 while the
employee is receiving ordinary | 8 | | disability benefits shall not be credited
for refund purposes.
| 9 | | An employee who first becomes a member on or after January | 10 | | 1, 2011 who withdraws before age 62 without regard to length of | 11 | | service, or who withdraws with less than 10 years of service | 12 | | regardless of age, shall be entitled to a refund of the total | 13 | | sum accumulated to his credit as of date of withdrawal for age | 14 | | and service annuity and widow's annuity provided that such | 15 | | amounts contributed by the city while the employee is receiving | 16 | | duty disability benefits and amounts credited to the employee | 17 | | for annuity purposes by the fund while the employee is | 18 | | receiving ordinary disability benefits shall not be credited | 19 | | for refund purposes. | 20 | | The board may in its discretion withhold payment of refund | 21 | | for a
period not to exceed 6 months from the date of | 22 | | withdrawal. Interest at
the effective rate shall be paid on any | 23 | | such refund withheld during such
withheld period not to exceed | 24 | | 6 months.
| 25 | | (2) Upon receipt of the refund, the employee surrenders and | 26 | | forfeits
all rights to any annuity or other benefits, for |
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| 1 | | himself and for any
other persons who might have benefited | 2 | | through him; provided that he may
have such period of service | 3 | | counted in computing the term of his service
for age and | 4 | | service annuity purposes only if he becomes an employee
before | 5 | | age 65.
| 6 | | (3) An employee who does not receive a refund shall have | 7 | | all amounts
to his credit for annuity purposes on the date of | 8 | | his withdrawal
improved by interest only until he becomes age | 9 | | 65, while out of service,
at the effective rate, for his | 10 | | benefit and the benefit of any person who
may have any right to | 11 | | annuity through him if he re-enters the service
and attains a | 12 | | right to annuity.
| 13 | | (4) Any such employee shall retain such right to refund of | 14 | | such
amounts when he shall apply for same, until he re-enters | 15 | | the service or
until the amount of annuity to which he shall | 16 | | have a right shall have
been fixed as provided in this Article. | 17 | | Thereafter, no such right shall
exist in the case of any such | 18 | | employee.
| 19 | | (Source: P.A. 92-599, eff. 6-28-02.)
| 20 | | (40 ILCS 5/13-601) (from Ch. 108 1/2, par. 13-601)
| 21 | | Sec. 13-601. Refunds.
| 22 | | (a) Withdrawal from service. Upon withdrawal from service, | 23 | | an employee
who first became a member before January 1, 2011, | 24 | | who is under age 55 (age 50 if the employee first entered | 25 | | service before June
13, 1997), or an employee age 55 (age 50 if |
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| 1 | | the employee first entered
service before June 13, 1997) or | 2 | | over but less than age 60 having less
than 20 years of service, | 3 | | or an employee age 60 or over having less than 5
years of | 4 | | service shall be entitled, upon application, to a refund of | 5 | | total
contributions from salary deductions or amounts | 6 | | otherwise paid under this
Article by the employee. An employee | 7 | | who first becomes a member on or after January 1, 2011, who | 8 | | withdraws before age 62 regardless of length of service, or who | 9 | | withdraws with less than 10 years of service regardless of age | 10 | | is entitled to a refund of total contributions from salary | 11 | | deductions or amounts otherwise paid under this Article by the | 12 | | employee. The refund shall not include interest credited to
the | 13 | | contributions. The Board may, in its discretion, withhold | 14 | | payment of a
refund for a period not to exceed one year from | 15 | | the date of filing an
application for refund.
| 16 | | (b) Surviving spouse's annuity contributions. A refund of | 17 | | all amounts
deducted from salary or otherwise contributed by an | 18 | | employee for the
surviving spouse's annuity shall be paid upon | 19 | | retirement to any employee
who on the date of retirement is | 20 | | either not married or is married but whose
spouse is not | 21 | | eligible for a surviving spouse's annuity paid wholly or in
| 22 | | part under this Article. The refund shall include interest on
| 23 | | each contribution at the rate of 3% per annum compounded | 24 | | annually from the
date of the contribution to the date of the | 25 | | refund.
| 26 | | (c) Payment of Refunds After Death. Whenever any refund is |
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| 1 | | payable after the death of the employee or annuitant as | 2 | | provided for in this Article, the refund shall be paid as | 3 | | follows: to the employee's surviving spouse, but if there is no | 4 | | surviving spouse then in accordance with the employee's written | 5 | | designation of beneficiary filed with the Board on the | 6 | | prescribed form before the employee's death. If there is no | 7 | | such designation of beneficiary, then to the employee's | 8 | | surviving children in equal parts to each. If there are no such | 9 | | children, the refund shall be paid to the heirs of the employee | 10 | | according to the law of descent and distribution of the State | 11 | | of Illinois.
| 12 | | If a personal representative of the estate has not been | 13 | | appointed within
90 days from the date on which a refund became | 14 | | payable, the refund may be
applied, in the discretion of the | 15 | | Board, toward the payment of the
employee's or the surviving | 16 | | spouse's burial expenses. Any remaining
balance shall be paid | 17 | | to the heirs of the employee according to the law of
descent | 18 | | and distribution of the State of Illinois.
| 19 | | Whenever the total accumulations to the account of an | 20 | | employee from employee contributions other than the | 21 | | contribution for the cost of living increase, including | 22 | | interest to the employee's date of withdrawal, have not been | 23 | | paid to the employee and surviving spouse as a retirement or | 24 | | spouse's annuity before the death of the employee and spouse, a | 25 | | refund shall be paid as follows: an amount equal to the excess | 26 | | of such amounts over the amounts paid on such annuities without |
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| 1 | | interest on either such amount.
| 2 | | If a reversionary annuity becomes payable under Section | 3 | | 13-303, the
refund provided in this section shall not be paid | 4 | | until the death of the
reversionary annuitant and the refund | 5 | | otherwise payable under this section
shall be then further | 6 | | reduced by the amount of the reversionary annuity paid.
| 7 | | (d) In lieu of annuity. Notwithstanding the provisions set | 8 | | forth in
subsection (a) of this section, whenever an employee's | 9 | | or surviving
spouse's annuity will be less than $200 per month, | 10 | | the employee or
surviving spouse, as the case may be, may elect | 11 | | to receive a refund of
accumulated employee contributions; | 12 | | provided, however, that if the election
is made by a surviving | 13 | | spouse the refund shall be reduced by any amounts
theretofore | 14 | | paid to the employee in the form of an annuity.
| 15 | | (e) Forfeiture of rights. An employee or surviving spouse | 16 | | who receives
a refund forfeits the right to receive an annuity | 17 | | or any other benefit
payable under this Article except that if | 18 | | the refund is to a surviving
spouse, any child or children of | 19 | | the employee shall not be deprived of the
right to receive a | 20 | | child's annuity as provided in Section 13-308 of this
Article, | 21 | | and the payment of a child's annuity shall not reduce the | 22 | | amount
refundable to the surviving spouse.
| 23 | | (Source: P.A. 95-586, eff. 8-31-07; 96-251, eff. 8-11-09.)
| 24 | | (40 ILCS 5/14-103.05) (from Ch. 108 1/2, par. 14-103.05)
| 25 | | Sec. 14-103.05. Employee.
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| 1 | | (a) Any person employed by a Department who receives salary
| 2 | | for personal services rendered to the Department on a warrant
| 3 | | issued pursuant to a payroll voucher certified by a Department | 4 | | and drawn
by the State Comptroller upon the State Treasurer, | 5 | | including an elected
official described in subparagraph (d) of | 6 | | Section 14-104, shall become
an employee for purpose of | 7 | | membership in the Retirement System on the
first day of such | 8 | | employment.
| 9 | | A person entering service on or after January 1, 1972 and | 10 | | prior to January
1, 1984 shall become a member as a condition | 11 | | of employment and shall begin
making contributions as of the | 12 | | first day of employment.
| 13 | | A person entering service on or after January 1, 1984 | 14 | | shall, upon completion
of 6 months of continuous service which | 15 | | is not interrupted by a break of more
than 2 months, become a | 16 | | member as a condition of employment. Contributions
shall begin | 17 | | the first of the month after completion of the qualifying | 18 | | period.
| 19 | | A person employed by the Chicago Metropolitan Agency for | 20 | | Planning on the effective date of this amendatory Act of the | 21 | | 95th General Assembly who was a member of this System as an | 22 | | employee of the Chicago Area Transportation Study and makes an | 23 | | election under Section 14-104.13 to participate in this System | 24 | | for his or her employment with the Chicago Metropolitan Agency | 25 | | for Planning.
| 26 | | The qualifying period of 6 months of service is not |
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| 1 | | applicable to: (1)
a person who has been granted credit for | 2 | | service in a position covered by
the State Universities | 3 | | Retirement System, the Teachers' Retirement System
of the State | 4 | | of Illinois, the General Assembly Retirement System, or the
| 5 | | Judges Retirement System of Illinois unless that service has | 6 | | been forfeited
under the laws of those systems; (2) a person | 7 | | entering service on or
after July 1, 1991 in a noncovered | 8 | | position; or (3) a person to whom Section
14-108.2a or | 9 | | 14-108.2b applies ; or (4) a person to whom subsection (a-5) of | 10 | | this Section applies .
| 11 | | (a-5) A person entering service on or after December 1, | 12 | | 2010 shall become a member as a condition of employment and | 13 | | shall begin making contributions as of the first day of | 14 | | employment. A person serving in the qualifying period on | 15 | | December 1, 2010 will become a member on December 1, 2010 and | 16 | | shall begin making contributions as of December 1, 2010. | 17 | | (b) The term "employee" does not include the following:
| 18 | | (1) members of the State Legislature, and persons | 19 | | electing to become
members of the General Assembly | 20 | | Retirement System pursuant to Section 2-105;
| 21 | | (2) incumbents of offices normally filled by vote of | 22 | | the people;
| 23 | | (3) except as otherwise provided in this Section, any | 24 | | person
appointed by the Governor with the advice and | 25 | | consent
of the Senate unless that person elects to | 26 | | participate in this system;
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| 1 | | (3.1) any person serving as a commissioner of an ethics | 2 | | commission created under the State Officials and Employees | 3 | | Ethics Act unless that person elects to participate in this | 4 | | system with respect to that service as a commissioner;
| 5 | | (3.2) any person serving as a part-time employee in any | 6 | | of the following positions: Legislative Inspector General, | 7 | | Special Legislative Inspector General, employee of the | 8 | | Office of the Legislative Inspector General, Executive | 9 | | Director of the Legislative Ethics Commission, or staff of | 10 | | the Legislative Ethics Commission, regardless of whether | 11 | | he or she is in active service on or after July 8, 2004 | 12 | | (the effective date of Public Act 93-685), unless that | 13 | | person elects to participate in this System with respect to | 14 | | that service; in this item (3.2), a "part-time employee" is | 15 | | a person who is not required to work at least 35 hours per | 16 | | week; | 17 | | (3.3) any person who has made an election under Section | 18 | | 1-123 and who is serving either as legal counsel in the | 19 | | Office of the Governor or as Chief Deputy Attorney General;
| 20 | | (4) except as provided in Section 14-108.2 or | 21 | | 14-108.2c, any person
who is covered or eligible to be | 22 | | covered by the Teachers' Retirement System of
the State of | 23 | | Illinois, the State Universities Retirement System, or the | 24 | | Judges
Retirement System of Illinois;
| 25 | | (5) an employee of a municipality or any other | 26 | | political subdivision
of the State;
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| 1 | | (6) any person who becomes an employee after June 30, | 2 | | 1979 as a
public service employment program participant | 3 | | under the Federal
Comprehensive Employment and Training | 4 | | Act and whose wages or fringe
benefits are paid in whole or | 5 | | in part by funds provided under such Act;
| 6 | | (7) enrollees of the Illinois Young Adult Conservation | 7 | | Corps program,
administered by the Department of Natural | 8 | | Resources, authorized grantee
pursuant to Title VIII of the | 9 | | "Comprehensive Employment and Training Act of
1973", 29 USC | 10 | | 993, as now or hereafter amended;
| 11 | | (8) enrollees and temporary staff of programs | 12 | | administered by the
Department of Natural Resources under | 13 | | the Youth
Conservation Corps Act of 1970;
| 14 | | (9) any person who is a member of any professional | 15 | | licensing or
disciplinary board created under an Act | 16 | | administered by the Department of
Professional Regulation | 17 | | or a successor agency or created or re-created
after the | 18 | | effective date of this amendatory Act of 1997, and who | 19 | | receives
per diem compensation rather than a salary, | 20 | | notwithstanding that such per diem
compensation is paid by | 21 | | warrant issued pursuant to a payroll voucher; such
persons | 22 | | have never been included in the membership of this System, | 23 | | and this
amendatory Act of 1987 (P.A. 84-1472) is not | 24 | | intended to effect any change in
the status of such | 25 | | persons;
| 26 | | (10) any person who is a member of the Illinois Health |
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| 1 | | Care Cost
Containment Council, and receives per diem | 2 | | compensation rather than a
salary, notwithstanding that | 3 | | such per diem compensation is paid by warrant
issued | 4 | | pursuant to a payroll voucher; such persons have never been | 5 | | included
in the membership of this System, and this | 6 | | amendatory Act of 1987 is not
intended to effect any change | 7 | | in the status of such persons;
| 8 | | (11) any person who is a member of the Oil and Gas | 9 | | Board created by
Section 1.2 of the Illinois Oil and Gas | 10 | | Act, and receives per diem
compensation rather than a | 11 | | salary, notwithstanding that such per diem
compensation is | 12 | | paid by warrant issued pursuant to a payroll voucher; or
| 13 | | (12) a person employed by the State Board of Higher | 14 | | Education in a position with the Illinois Century Network | 15 | | as of June 30, 2004, who remains continuously employed | 16 | | after that date by the Department of Central Management | 17 | | Services in a position with the Illinois Century Network | 18 | | and participates in the Article 15 system with respect to | 19 | | that employment.
| 20 | | (c) An individual who represents or is employed as an | 21 | | officer or employee of a statewide labor organization that | 22 | | represents members of this System may participate in the System | 23 | | and shall be deemed an employee, provided that (1) the | 24 | | individual has previously earned creditable service under this | 25 | | Article, (2) the individual files with the System an | 26 | | irrevocable election to become a participant within 6 months |
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| 1 | | after the effective date of this amendatory Act of the 94th | 2 | | General Assembly, and (3) the individual does not receive | 3 | | credit for that employment under any other provisions of this | 4 | | Code. An employee under this subsection (c) is responsible for | 5 | | paying to the System both (i) employee contributions based on | 6 | | the actual compensation received for service with the labor | 7 | | organization and (ii) employer contributions based on the | 8 | | percentage of payroll certified by the board; all or any part | 9 | | of these contributions may be paid on the employee's behalf or | 10 | | picked up for tax purposes (if authorized under federal law) by | 11 | | the labor organization. | 12 | | A person who is an employee as defined in this subsection | 13 | | (c) may establish service credit for similar employment prior | 14 | | to becoming an employee under this subsection by paying to the | 15 | | System for that employment the contributions specified in this | 16 | | subsection, plus interest at the effective rate from the date | 17 | | of service to the date of payment. However, credit shall not be | 18 | | granted under this subsection (c) for any such prior employment | 19 | | for which the applicant received credit under any other | 20 | | provision of this Code or during which the applicant was on a | 21 | | leave of absence.
| 22 | | (Source: P.A. 94-1111, eff. 2-27-07; 95-677, eff. 10-11-07.)
| 23 | | (40 ILCS 5/14-103.10) (from Ch. 108 1/2, par. 14-103.10)
| 24 | | Sec. 14-103.10. Compensation.
| 25 | | (a) For periods of service prior to January 1, 1978, the |
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| 1 | | full rate of salary
or wages payable to an employee for | 2 | | personal services performed if he worked
the full normal | 3 | | working period for his position, subject to the following
| 4 | | maximum amounts: (1) prior to July 1, 1951, $400 per month or | 5 | | $4,800 per year;
(2) between July 1, 1951 and June 30, 1957 | 6 | | inclusive, $625 per month or $7,500
per year; (3) beginning | 7 | | July 1, 1957, no limitation.
| 8 | | In the case of service of an employee in a position | 9 | | involving
part-time employment, compensation shall be | 10 | | determined according to the
employees' earnings record.
| 11 | | (b) For periods of service on and after January 1, 1978, | 12 | | all
remuneration for personal services performed defined as | 13 | | "wages" under
the Social Security Enabling Act, including that | 14 | | part of such
remuneration which is in excess of any maximum | 15 | | limitation provided in
such Act, and including any benefits | 16 | | received by an employee under a sick
pay plan in effect before | 17 | | January 1, 1981, but excluding lump sum salary
payments:
| 18 | | (1) for vacation,
| 19 | | (2) for accumulated unused sick leave,
| 20 | | (3) upon discharge or dismissal,
| 21 | | (4) for approved holidays.
| 22 | | (c) For periods of service on or after December 16, 1978, | 23 | | compensation
also includes any benefits, other than lump sum | 24 | | salary payments made at
termination of employment, which an | 25 | | employee receives or is eligible to
receive under a sick pay | 26 | | plan authorized by law.
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| 1 | | (d) For periods of service after September 30, 1985, | 2 | | compensation also
includes any remuneration for personal | 3 | | services not included as "wages"
under the Social Security | 4 | | Enabling Act, which is deducted for purposes of
participation | 5 | | in a program established pursuant to Section 125 of the
| 6 | | Internal Revenue Code or its successor laws.
| 7 | | (e) For members for which Section 1-160 applies for periods | 8 | | of service on and after January 1, 2011, all remuneration for | 9 | | personal services performed defined as "wages" under the Social | 10 | | Security Enabling Act, excluding remuneration that is in excess | 11 | | of the annual earnings, salary, or wages of a member or | 12 | | participant, as provided in subsection (b-5) of Section 1-160, | 13 | | but including any benefits received by an employee under a sick | 14 | | pay plan in effect before January 1, 1981.
Compensation shall | 15 | | exclude lump sum salary payments: | 16 | | (1) for vacation; | 17 | | (2) for accumulated unused sick leave; | 18 | | (3) upon discharge or dismissal; and | 19 | | (4) for approved holidays. | 20 | | (Source: P.A. 87-1265 .)
| 21 | | (40 ILCS 5/15-112) (from Ch. 108 1/2, par. 15-112)
| 22 | | Sec. 15-112. Final rate of earnings. | 23 | | "Final rate of earnings": | 24 | | (a) This subsection (a) applies only to a person who first | 25 | | becomes a participant of any system before January 1, 2011. |
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| 1 | |
For an employee who is paid on an hourly basis or who | 2 | | receives an annual salary
in installments during 12 months of | 3 | | each academic year, the average annual
earnings during the 48 | 4 | | consecutive calendar month period ending with the last
day of | 5 | | final termination of employment or the 4 consecutive academic | 6 | | years of
service in which the employee's earnings were the | 7 | | highest, whichever is
greater.
For any other employee, the | 8 | | average annual earnings during the 4 consecutive
academic years | 9 | | of service in which his or her earnings were the highest.
For | 10 | | an employee with less than 48 months or 4 consecutive academic | 11 | | years of
service, the average earnings during his or her entire | 12 | | period of service.
The earnings of an employee with more than | 13 | | 36 months of service prior to the
date of becoming a | 14 | | participant are, for such period, considered equal to the
| 15 | | average earnings during the last 36 months of such service. | 16 | | (b) This subsection (b) applies to a person to whom | 17 | | subsection (a) does not apply. | 18 | | For an employee who is paid on an hourly basis or who | 19 | | receives an annual salary in installments during 12 months of | 20 | | each academic year, the average annual earnings obtained by | 21 | | dividing by 8 the total earnings of the employee during the 96 | 22 | | consecutive months in which the total earnings were the highest | 23 | | within the last 120 months prior to termination. | 24 | | For any other employee, the average annual earnings during | 25 | | the 8 consecutive academic years within the 10 years prior to | 26 | | termination in which the employee's earnings were the highest. |
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| 1 | | For an employee with less than 96 consecutive months or 8 | 2 | | consecutive academic years of service, whichever is necessary, | 3 | | the average earnings during his or her entire period of | 4 | | service. | 5 | | (c) For an
employee on leave of absence with pay, or on | 6 | | leave of absence without pay
who makes contributions during | 7 | | such leave, earnings are assumed to be equal
to the basic | 8 | | compensation on the date the leave began. | 9 | | (d) For an employee on
disability leave, earnings are | 10 | | assumed to be equal to the basic compensation
on the date | 11 | | disability occurs or the average earnings during the 24 months
| 12 | | immediately preceding the month in which disability occurs, | 13 | | whichever is
greater.
| 14 | | (e) For a participant who retires on or after the effective | 15 | | date of this
amendatory Act of 1997 with at least 20 years of | 16 | | service as a firefighter or
police officer under this Article, | 17 | | the final rate of earnings shall be the
annual rate of earnings | 18 | | received by the participant on his or her last day as a
| 19 | | firefighter or police officer under this Article, if that is | 20 | | greater than the
final rate of earnings as calculated under the | 21 | | other provisions of this
Section.
| 22 | | (f) If a participant to whom subsection (a) of this Section | 23 | | applies is an employee for at least
6 months during the | 24 | | academic year in which his or her employment
is terminated, the | 25 | | annual final rate of earnings shall be 25% of the sum
of (1) | 26 | | the annual basic compensation for that year, and (2) the amount
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| 1 | | earned during the 36 months immediately preceding that year, if | 2 | | this is
greater than the final rate of earnings as calculated | 3 | | under the other
provisions of this Section.
| 4 | | (g) In the determination of the final rate of earnings for | 5 | | an employee, that
part of an employee's earnings for any | 6 | | academic year beginning after June 30,
1997, which exceeds the | 7 | | employee's earnings with that employer for the
preceding year | 8 | | by more than 20 percent shall be excluded; in the event
that an | 9 | | employee has more than one employer
this limitation shall be | 10 | | calculated separately for the earnings with
each employer. In | 11 | | making such calculation, only the basic compensation of
| 12 | | employees shall be considered, without regard to vacation or | 13 | | overtime or to
contracts for summer employment.
| 14 | | (h) The following are not considered as earnings in | 15 | | determining final rate of
earnings: (1) severance or separation | 16 | | pay, (2) retirement pay, (3)
payment for unused sick leave, and | 17 | | (4) payments from an employer for
the period used in | 18 | | determining final rate of earnings for any purpose other
than | 19 | | (i) services rendered, (ii) leave of absence or vacation | 20 | | granted
during that period, and (iii) vacation of up to 56 work | 21 | | days allowed upon
termination of employment; except that, if | 22 | | the benefit has been collectively
bargained between the | 23 | | employer and the recognized collective bargaining agent
| 24 | | pursuant to the Illinois Educational Labor Relations Act, | 25 | | payment received
during a period of up to 2 academic years for | 26 | | unused sick leave may be
considered as earnings in accordance |
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| 1 | | with the applicable collective bargaining
agreement, subject | 2 | | to the 20% increase limitation of this Section. Any unused
sick | 3 | | leave considered as earnings under this Section shall not be | 4 | | taken into
account in calculating service credit under Section | 5 | | 15-113.4.
| 6 | | (i) Intermittent periods of service shall be considered as | 7 | | consecutive in
determining final rate of earnings.
| 8 | | (Source: P.A. 92-599, eff. 6-28-02; 93-347, eff. 7-24-03.)
| 9 | | (40 ILCS 5/15-113.6) (from Ch. 108 1/2, par. 15-113.6)
| 10 | | Sec. 15-113.6. Service for employment in public schools. | 11 | | "Service for
employment in public schools": Includes
those | 12 | | periods not exceeding the lesser of 10 years or 2/3 of the | 13 | | service
granted under other Sections of this Article dealing | 14 | | with service credit,
during which a person who entered the | 15 | | system after September 1, 1974 was
employed full time by a | 16 | | public common school, public college and public
university, or | 17 | | by an agency or instrumentality of any of the foregoing,
of any | 18 | | state, territory, dependency or possession of the United States | 19 | | of
America, including the Philippine Islands, or a school
| 20 | | operated by or under
the auspices of any agency or department | 21 | | of any other state, if the person
(1) cannot qualify for a | 22 | | retirement pension or other benefit based upon
employer
| 23 | | contributions from another retirement system, exclusive of | 24 | | federal social
security, based in whole or in part upon this | 25 | | employment, and (2) pays the
lesser of (A) an amount equal to |
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| 1 | | 8% of his or her annual basic compensation
on the date of | 2 | | becoming a participating employee subsequent to this service
| 3 | | multiplied by the number of years of such service, together | 4 | | with compound
interest from the date participation begins to | 5 | | the date payment is received
by the board at the rate of 6% per | 6 | | annum through August 31, 1982, and at
the effective rates after | 7 | | that date, and (B) 50% of the actuarial value
of the increase | 8 | | in the retirement annuity provided by this service, and
(3) | 9 | | contributes for at least 5 years subsequent to this employment | 10 | | to one
or more of the following systems: the State Universities | 11 | | Retirement System,
the Teachers' Retirement System of the State | 12 | | of Illinois, and the Public
School Teachers' Pension and | 13 | | Retirement Fund of Chicago.
| 14 | | The service granted under this Section shall not be | 15 | | considered in determining
whether the person has the minimum of | 16 | | 8 years of service required to qualify
for a retirement annuity | 17 | | at age 55 or the 5 years of service required to
qualify for a | 18 | | retirement annuity at age 62, as provided in Section 15-135 , or | 19 | | the 10 years required by subsection (c) of Section 1-160 for a | 20 | | person who first becomes a participant on or after January 1, | 21 | | 2011 .
The maximum allowable service of 10 years for this | 22 | | governmental employment
shall be reduced by the service credit | 23 | | which is validated under paragraph
(2) of subsection (b) of | 24 | | Section 16-127 and paragraph 1 of Section 17-133.
| 25 | | (Source: P.A. 95-83, eff. 8-13-07.)
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| 1 | | (40 ILCS 5/15-134) (from Ch. 108 1/2, par. 15-134)
| 2 | | Sec. 15-134. Participant.
| 3 | | (a) Each person shall, as a condition of employment, become | 4 | | a participant
and be subject to this Article on the date that | 5 | | he or she becomes an
employee, makes an election to participate | 6 | | in, or otherwise becomes a
participant in one of the retirement | 7 | | programs offered under this Article,
whichever date is later.
| 8 | | An employee who becomes a participant shall continue to be | 9 | | a participant
until he or she becomes an annuitant, dies or | 10 | | accepts a refund of
contributions. For purposes of subsection | 11 | | (f) of Section 1-160, the term "participant" shall include a | 12 | | person receiving a retirement annuity.
| 13 | | (b) A person employed concurrently by 2 or more employers | 14 | | is
eligible to participate in the system on compensation | 15 | | received from all
employers.
| 16 | | (Source: P.A. 93-347, eff. 7-24-03.)
| 17 | | (40 ILCS 5/15-136.3)
| 18 | | Sec. 15-136.3. Minimum retirement annuity.
| 19 | | (a) Beginning January 1, 1997, any person who is receiving | 20 | | a monthly
retirement
annuity under this Article which, after | 21 | | inclusion of (1) all one-time and
automatic annual increases to | 22 | | which the person is entitled, (2) any
supplemental annuity | 23 | | payable under Section 15-136.1, and (3) any amount
deducted | 24 | | under Section 15-138 or 15-140 to provide a reversionary | 25 | | annuity, is
less than the minimum monthly retirement benefit |
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| 1 | | amount specified in subsection
(b) of this Section, shall be | 2 | | entitled to a monthly supplemental payment equal
to the | 3 | | difference.
| 4 | | (b) For purposes of the calculation in subsection (a), the | 5 | | minimum monthly
retirement benefit amount is the sum of $25 for | 6 | | each year of service credit, up
to a maximum of 30 years of | 7 | | service.
| 8 | | (c) This Section applies to all persons receiving a | 9 | | retirement annuity under
this Article, without regard to | 10 | | whether or not employment terminated prior to
the effective | 11 | | date of this Section. The annual increase provided in | 12 | | subsection (e) of Section 1-160 does not apply to any benefit | 13 | | provided under this Section.
| 14 | | (Source: P.A. 89-616, eff. 8-9-96.)
| 15 | | (40 ILCS 5/15-146) (from Ch. 108 1/2, par. 15-146)
| 16 | | Sec. 15-146. Survivors insurance benefits - Minimum | 17 | | amounts.
| 18 | | (a) The minimum total survivors annuity payable on account | 19 | | of the
death of a participant shall be 50% of the retirement | 20 | | annuity which
would have been provided under Rule 1, Rule 2, | 21 | | Rule 3, or Rule 5 of
Section 15-136 upon the participant's | 22 | | attainment of the minimum
age at which the penalty for early | 23 | | retirement would not be applicable or
the date of the | 24 | | participant's death, whichever is later, on the basis of
| 25 | | credits earned prior to the time of death.
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| 1 | | (b) The minimum total survivors annuity payable on account | 2 | | of the death
of an annuitant shall be 50% of the retirement | 3 | | annuity which is payable
under Section 15-136 at the time of | 4 | | death or 50% of the disability retirement
annuity payable under | 5 | | Section 15-153.2. This
minimum survivors annuity shall apply to | 6 | | each participant and
annuitant who dies after September 16, | 7 | | 1979, whether or not
his or her employee status terminates | 8 | | before or after that date.
| 9 | | (c) If an annuitant has elected a reversionary annuity, the | 10 | | retirement
annuity referred to in this Section is that which | 11 | | would have been payable
had such election not been filed.
| 12 | | (d) Beginning January 1, 2002, any person who is receiving | 13 | | a survivors
annuity under this Article which, after inclusion | 14 | | of all one-time and automatic
annual increases to which the | 15 | | person is entitled, is less than the sum of
$17.50 for each | 16 | | year (up to a maximum of 30 years) of the deceased member's
| 17 | | service credit, shall be entitled to a monthly supplemental | 18 | | payment equal to
the difference.
| 19 | | If 2 or more persons are receiving survivors annuities | 20 | | based on the same
deceased member, the calculation of the | 21 | | supplemental payment under this
subsection shall be based on | 22 | | the total of those annuities and divided pro
rata. The | 23 | | supplemental payment is not subject to any limitation on the
| 24 | | maximum amount of the annuity and shall not be included in the | 25 | | calculation
of any automatic annual increase under Section | 26 | | 15-145. The annual increase provided in subsection (f) of |
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| 1 | | Section 1-160 does not apply to any benefit provided under this | 2 | | subsection.
| 3 | | (Source: P.A. 91-887, eff. 7-6-00; 92-749, eff. 8-2-02.)
| 4 | | (40 ILCS 5/18-115) (from Ch. 108 1/2, par. 18-115)
| 5 | | Sec. 18-115. Beneficiary. "Beneficiary": A surviving | 6 | | spouse or children eligible for
an annuity; or, if no
eligible | 7 | | surviving spouse or children survives, the person
or persons | 8 | | designated by
the participant or annuitant in the last written | 9 | | designation on file with
the Board; or, if no person so | 10 | | designated survives, or if no designation is
on file, the | 11 | | estate of the participant or annuitant. If a special needs | 12 | | trust as described in Section 1396p(d)(4) of Title 42 of the | 13 | | United States Code, as amended from time to time, has been | 14 | | established for a disabled child, then the special needs trust | 15 | | may stand in lieu of the disabled adult child as a beneficiary | 16 | | for the purposes of this Article.
| 17 | | (Source: P.A. 83-1440.)
| 18 | | (40 ILCS 5/18-125) (from Ch. 108 1/2, par. 18-125)
| 19 | | Sec. 18-125. Retirement annuity amount.
| 20 | | (a) The annual retirement annuity for a participant who | 21 | | terminated
service as a judge prior to July 1, 1971 shall be | 22 | | based on the law in
effect at the time of termination of | 23 | | service.
| 24 | | (b) Except as provided in subsection (b-5), effective July |
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| 1 | | 1, 1971, the retirement annuity for any participant
in service | 2 | | on or after such date shall be 3 1/2% of final average salary,
| 3 | | as defined in this Section, for each of the first 10 years of | 4 | | service, and
5% of such final average salary for each year of | 5 | | service on excess of 10.
| 6 | | For purposes of this Section, final average salary for a | 7 | | participant who first serves as a judge before August 10, 2009 | 8 | | (the effective date of Public Act 96-207) shall be:
| 9 | | (1) the average salary for the last 4 years of credited | 10 | | service as a
judge for a participant who terminates service | 11 | | before July 1, 1975.
| 12 | | (2) for a participant who terminates service after June | 13 | | 30, 1975
and before July 1, 1982, the salary on the last | 14 | | day of employment as a judge.
| 15 | | (3) for any participant who terminates service after | 16 | | June 30, 1982 and
before January 1, 1990, the average | 17 | | salary for the final year of service as
a judge.
| 18 | | (4) for a participant who terminates service on or | 19 | | after January 1,
1990 but before the effective date of this | 20 | | amendatory Act of 1995, the
salary on the last day of | 21 | | employment as a judge.
| 22 | | (5) for a participant who terminates service on or | 23 | | after the effective
date of this amendatory Act of 1995, | 24 | | the salary on the last day of employment
as a judge, or the | 25 | | highest salary received by the participant for employment | 26 | | as
a judge in a position held by the participant for at |
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| 1 | | least 4 consecutive years,
whichever is greater.
| 2 | | However, in the case of a participant who elects to | 3 | | discontinue contributions
as provided in subdivision (a)(2) of | 4 | | Section 18-133, the time of such
election shall be considered | 5 | | the last day of employment in the determination
of final | 6 | | average salary under this subsection.
| 7 | | For a participant who first serves as a judge on or after | 8 | | August 10, 2009 (the effective date of Public Act 96-207) and | 9 | | before January 1, 2011 ( the effective date of Public Act | 10 | | 96-889) this amendatory Act of the 96th General Assembly , final | 11 | | average salary shall be the average monthly salary obtained by | 12 | | dividing the total salary of the participant during the period | 13 | | of: (1) the 48 consecutive months of service within the last | 14 | | 120 months of service in which the total compensation was the | 15 | | highest, or (2) the total period of service, if less than 48 | 16 | | months, by the number of months of service in that period. | 17 | | The maximum retirement annuity for any participant shall be | 18 | | 85% of final
average salary.
| 19 | | (b-5) Notwithstanding any other provision of this Article, | 20 | | for a participant who first serves as a judge on or after | 21 | | January 1, 2011 ( the effective date of Public Act 96-889) this | 22 | | amendatory Act of the 96th General Assembly , the annual
| 23 | | retirement annuity is 3% of the
participant's final average | 24 | | salary for each year of service. The maximum retirement
annuity | 25 | | payable shall be 60% of the participant's final average salary. | 26 | | For a participant who first serves as a judge on or after |
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| 1 | | January 1, 2011 ( the effective date of Public Act 96-889) this | 2 | | amendatory Act of the 96th General Assembly , final average | 3 | | salary shall be the average monthly salary obtained by dividing | 4 | | the total salary of the judge during the 96 consecutive months | 5 | | of service within the last 120 months of service in which the | 6 | | total salary was the highest by the number of months of service | 7 | | in that period; however, beginning January 1, 2011, the annual | 8 | | final average salary may not exceed $106,800, except that that | 9 | | amount shall annually thereafter be increased by the lesser of | 10 | | (i) 3% of that amount, including all previous adjustments, or | 11 | | (ii) the annual unadjusted percentage increase (but not less | 12 | | than zero) the Social Security Covered Wage Base for 2010, and | 13 | | shall automatically be increased or decreased, as applicable,
| 14 | | by a percentage equal to the percentage change in the consumer | 15 | | price index-u
for the 12 months ending with the September | 16 | | preceding each November 1 during the preceding 12-month | 17 | | calendar year . "Consumer price index-u" means
the index | 18 | | published by the Bureau of Labor Statistics of the United | 19 | | States
Department of Labor that measures the average change in | 20 | | prices of goods and
services purchased by all urban consumers, | 21 | | United States city average, all
items, 1982-84 = 100. The new | 22 | | amount resulting from each annual adjustment
shall be | 23 | | determined by the Public Pension Division of the Department of | 24 | | Insurance and made available to the Board by November 1st of | 25 | | each year . | 26 | | (c) The retirement annuity for a participant who retires |
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| 1 | | prior to age 60
with less than 28 years of service in the | 2 | | System shall be reduced 1/2 of 1%
for each month that the | 3 | | participant's age is under 60 years at the time the
annuity | 4 | | commences. However, for a participant who retires on or after | 5 | | the
effective date of this amendatory Act of the 91st General | 6 | | Assembly, the
percentage reduction in retirement annuity | 7 | | imposed under this subsection shall
be reduced by 5/12 of 1% | 8 | | for every month of service in this System in excess of
20 | 9 | | years, and therefore a participant with at least 26 years of | 10 | | service in this
System may retire at age 55 without any | 11 | | reduction in annuity.
| 12 | | The reduction in retirement annuity imposed by this | 13 | | subsection shall not
apply in the case of retirement on account | 14 | | of disability.
| 15 | | (d) Notwithstanding any other provision of this Article, | 16 | | for a participant who first serves as a judge on or after | 17 | | January 1, 2011 ( the effective date of Public Act 96-889) this | 18 | | amendatory Act of the 96th General Assembly and who is retiring | 19 | | after attaining age 62, the retirement annuity shall be reduced | 20 | | by 1/2
of 1% for each month that the participant's age is under | 21 | | age 67 at the time the annuity commences. | 22 | | (Source: P.A. 96-207, eff. 8-10-09; 96-889, eff. 1-1-11; | 23 | | 96-1000, eff. 7-2-10.)
| 24 | | (40 ILCS 5/18-125.1) (from Ch. 108 1/2, par. 18-125.1)
| 25 | | (Text of Section after amendment by P.A. 96-889 )
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| 1 | | Sec. 18-125.1. Automatic increase in retirement annuity. A | 2 | | participant who
retires from service after June 30, 1969, | 3 | | shall, in January of the year next
following the year in which | 4 | | the first anniversary of retirement occurs, and in
January of | 5 | | each year thereafter, have the amount of his or her originally
| 6 | | granted retirement annuity increased as follows: for each year | 7 | | up to and
including 1971, 1 1/2%; for each year from 1972 | 8 | | through 1979 inclusive, 2%; and
for 1980 and each year | 9 | | thereafter, 3%.
| 10 | | Notwithstanding any other provision of this Article, a | 11 | | retirement annuity for a participant who first serves as a | 12 | | judge on or after January 1, 2011 ( the effective date of Public | 13 | | Act 96-889) this amendatory Act of the 96th General Assembly | 14 | | shall be increased in January of the year next
following the | 15 | | year in which the first anniversary of retirement occurs, but | 16 | | in no event prior to age 67, and in
January of each year | 17 | | thereafter, by an amount equal to 3% or the annual percentage | 18 | | increase change in the consumer price index-u as determined by | 19 | | the Public Pension Division of the Department of Insurance | 20 | | under subsection (b-5) of Section 18-125 Consumer Price Index | 21 | | for All Urban Consumers , whichever is less, of the retirement | 22 | | annuity then being paid. | 23 | | This Section is not applicable to a participant who retires | 24 | | before he
or she has made contributions at the rate prescribed | 25 | | in Section 18-133 for
automatic increases for not less than the | 26 | | equivalent of one full year, unless
such a participant arranges |
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| 1 | | to pay the system the amount required to bring
the total | 2 | | contributions for the automatic increase to the equivalent of
| 3 | | one year's contribution based upon his or her last year's | 4 | | salary.
| 5 | | This Section is applicable to all participants in service | 6 | | after June 30,
1969 unless a participant has elected, prior to | 7 | | September 1,
1969, in a written direction filed with the board | 8 | | not to be subject to
the provisions of this Section. Any | 9 | | participant in service on or after
July 1, 1992 shall have the | 10 | | option of electing prior to April 1, 1993,
in a written | 11 | | direction filed with the board, to be covered by the provisions | 12 | | of
the 1969 amendatory Act. Such participant shall be required | 13 | | to make the
aforesaid additional contributions with compound | 14 | | interest at 4% per annum.
| 15 | | Any participant who has become eligible to receive the | 16 | | maximum rate of
annuity and who resumes service as a judge | 17 | | after receiving a retirement
annuity under this Article shall | 18 | | have the amount of his or her
retirement annuity increased by | 19 | | 3% of the originally granted annuity amount
for each year of | 20 | | such resumed service, beginning in January of the year
next | 21 | | following the date of such resumed service, upon subsequent
| 22 | | termination of such resumed service.
| 23 | | Beginning January 1, 1990, all automatic annual increases | 24 | | payable
under this Section shall be calculated as a percentage | 25 | | of the total annuity
payable at the time of the increase, | 26 | | including previous increases granted
under this Article.
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| 1 | | (Source: P.A. 96-889, eff. 1-1-11.)
| 2 | | (40 ILCS 5/18-127) (from Ch. 108 1/2, par. 18-127)
| 3 | | (Text of Section after amendment by P.A. 96-889 )
| 4 | | Sec. 18-127. Retirement annuity - suspension on | 5 | | reemployment.
| 6 | | (a) A participant receiving a retirement annuity who is | 7 | | regularly
employed for compensation by an employer other than a | 8 | | county, in any
capacity, shall have his or her retirement | 9 | | annuity payments suspended
during such employment. Upon | 10 | | termination of such employment, retirement
annuity payments at | 11 | | the previous rate shall be resumed.
| 12 | | If such a participant resumes service as a judge, he or she
| 13 | | shall receive credit for any additional service. Upon | 14 | | subsequent
retirement, his or her retirement annuity shall be | 15 | | the amount previously
granted, plus the amount earned by the | 16 | | additional judicial service under
the provisions in effect | 17 | | during the period of such additional service.
However, if the | 18 | | participant was receiving the maximum rate of annuity at
the | 19 | | time of re-employment, he or she may elect, in a written | 20 | | direction
filed with the board, not to receive any additional | 21 | | service credit during
the period of re-employment. In such | 22 | | case, contributions shall not be
required during the period of | 23 | | re-employment. Any such election shall be
irrevocable.
| 24 | | (b) Beginning January 1, 1991, any participant receiving a | 25 | | retirement
annuity who accepts temporary employment from an |
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| 1 | | employer other than a
county for a period not exceeding 75 | 2 | | working days in any calendar year
shall not be deemed to be | 3 | | regularly employed for compensation or to have
resumed service | 4 | | as a judge for the purposes of this Article. A day shall
be | 5 | | considered a working day if the annuitant performs on it any of | 6 | | his
duties under the temporary employment agreement.
| 7 | | (c) Except as provided in subsection (a), beginning January | 8 | | 1, 1993,
retirement annuities shall not be subject to | 9 | | suspension upon resumption of
employment for an employer, and | 10 | | any retirement annuity that is then so
suspended shall be | 11 | | reinstated on that date.
| 12 | | (d) The changes made in this Section by this amendatory Act | 13 | | of 1993
shall apply to judges no longer in service on its | 14 | | effective date, as well as to
judges serving on or after that | 15 | | date.
| 16 | | (e) A participant receiving a retirement
annuity under this | 17 | | Article who serves as a part-time employee in any of the | 18 | | following positions: Legislative Inspector General, Special | 19 | | Legislative Inspector General, employee of the Office of the | 20 | | Legislative Inspector General, Executive Director of the | 21 | | Legislative Ethics Commission, or staff of the Legislative | 22 | | Ethics Commission, but has not elected to participate in the | 23 | | Article 14 System with respect to that service, shall not be | 24 | | deemed to be regularly employed for compensation by an employer | 25 | | other than a county, nor to have
resumed service as a judge, on | 26 | | the basis of that service, and the retirement annuity payments |
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| 1 | | and other benefits of that person under this Code shall not be | 2 | | suspended, diminished, or otherwise impaired solely as a | 3 | | consequence of that service. This subsection (e) applies | 4 | | without regard to whether the person is in service as a judge | 5 | | under this Article on or after the effective date of this | 6 | | amendatory Act of the 93rd General Assembly. In this | 7 | | subsection, a "part-time employee" is a person who is not | 8 | | required to work at least 35 hours per week.
| 9 | | (f) A participant receiving a retirement annuity under this | 10 | | Article who has made an election under Section 1-123 and who is | 11 | | serving either as legal counsel in the Office of the Governor | 12 | | or as Chief Deputy Attorney General shall not be deemed to be | 13 | | regularly employed for compensation by an employer other than a | 14 | | county, nor to have resumed service as a judge, on the basis of | 15 | | that service, and the retirement annuity payments and other | 16 | | benefits of that person under this Code shall not be suspended, | 17 | | diminished, or otherwise impaired solely as a consequence of | 18 | | that service. This subsection (f) applies without regard to | 19 | | whether the person is in service as a judge under this Article | 20 | | on or after the effective date of this amendatory Act of the | 21 | | 93rd General Assembly.
| 22 | | (g) Notwithstanding any other provision of this Article, if | 23 | | a person who first becomes a participant under this System on | 24 | | or after January 1, 2011 ( the effective date of this amendatory | 25 | | Act of the 96th General Assembly ) is receiving a retirement | 26 | | annuity under this Article and becomes a member or participant |
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| 1 | | accepts employment in a position covered under this Article or | 2 | | any other Article of this Code and is employed on a full-time | 3 | | basis, then the person's retirement annuity under this System | 4 | | shall be suspended during that employment. Upon termination of | 5 | | that employment, the person's retirement annuity shall resume | 6 | | and, if appropriate, be recalculated under the applicable | 7 | | provisions of this Article. | 8 | | (Source: P.A. 96-889, eff. 1-1-11.)
| 9 | | (40 ILCS 5/18-128.01) (from Ch. 108 1/2, par. 18-128.01)
| 10 | | (Text of Section after amendment by P.A. 96-889 )
| 11 | | Sec. 18-128.01. Amount of survivor's annuity.
| 12 | | (a) Upon the death of
an annuitant, his or her surviving | 13 | | spouse shall be entitled to a survivor's
annuity of 66 2/3% of | 14 | | the annuity the annuitant was receiving immediately
prior to | 15 | | his or her death, inclusive of annual increases in the | 16 | | retirement
annuity to the date of death.
| 17 | | (b) Upon the death of an active participant, his or her | 18 | | surviving spouse
shall receive a survivor's annuity of 66 2/3% | 19 | | of the annuity earned by the
participant as of the date of his | 20 | | or her death, determined without regard
to whether the | 21 | | participant had attained age 60 as of that time, or 7 1/2%
of | 22 | | the last salary of the decedent, whichever is greater.
| 23 | | (c) Upon the death of a participant who had terminated | 24 | | service with at
least 10 years of service, his or her surviving | 25 | | spouse shall be entitled
to a survivor's annuity of 66 2/3% of |
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| 1 | | the annuity earned by the deceased
participant at the date of | 2 | | death.
| 3 | | (d) Upon the death of an annuitant, active participant, or | 4 | | participant
who had terminated service with at least 10 years | 5 | | of service, each surviving
child under the age of 18 or | 6 | | disabled as defined in Section 18-128 shall
be entitled to a | 7 | | child's annuity in an amount equal to 5% of the decedent's
| 8 | | final salary, not to exceed in total for all such children the | 9 | | greater of
20% of the decedent's last salary or 66 2/3% of the | 10 | | annuity received or
earned by the decedent as provided under | 11 | | subsections (a) and (b) of this
Section. This child's annuity | 12 | | shall be paid whether or not a survivor's
annuity was elected | 13 | | under Section 18-123.
| 14 | | (e) The changes made in the survivor's annuity provisions | 15 | | by Public Act
82-306 shall apply to the survivors of a deceased | 16 | | participant or annuitant
whose death occurs on or after August | 17 | | 21, 1981.
| 18 | | (f) Beginning January 1, 1990, every survivor's annuity | 19 | | shall be
increased
(1) on each January 1 occurring on or after | 20 | | the commencement of the annuity if
the deceased member died | 21 | | while receiving a retirement annuity, or (2) in other cases,
on | 22 | | each January 1 occurring on or after the first anniversary of
| 23 | | the commencement of the annuity, by an amount equal to 3% of | 24 | | the current
amount of the annuity, including any previous | 25 | | increases under this Article.
Such increases shall apply | 26 | | without regard to whether the deceased member
was in service on |
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| 1 | | or after the effective date of this amendatory Act of
1991, but | 2 | | shall not accrue for any period prior to January 1, 1990.
| 3 | | (g) Notwithstanding any other provision of this Article, | 4 | | the initial survivor's annuity for a survivor of a participant | 5 | | who first serves as a judge after January 1, 2011 ( the | 6 | | effective date of Public Act 96-889) this amendatory Act of the | 7 | | 96th General Assembly shall be in the amount of 66 2/3% of the | 8 | | annuity received or earned by the decedent, and shall be | 9 | | increased (1) on each January 1 occurring on or after the | 10 | | commencement of the annuity if
the deceased participant died | 11 | | while receiving a retirement annuity, or (2) in other cases,
on | 12 | | each January 1 occurring on or after the first anniversary of
| 13 | | the commencement of the annuity, but in no event prior to age | 14 | | 67, by an amount equal to 3% or the annual unadjusted | 15 | | percentage increase change in the consumer price index-u as | 16 | | determined by the Public Pension Division of the Department of | 17 | | Insurance under subsection (b-5) of Section 18-125 Consumer | 18 | | Price Index for All Urban Consumers , whichever is less, of the | 19 | | survivor's annuity then being paid. | 20 | | (Source: P.A. 96-889, eff. 1-1-11.)
| 21 | | (40 ILCS 5/18-133) (from Ch. 108 1/2, par. 18-133)
| 22 | | Sec. 18-133. Financing; employee contributions.
| 23 | | (a) Effective July 1, 1967, each participant is required to | 24 | | contribute
7 1/2% of each payment of salary toward the | 25 | | retirement annuity. Such
contributions shall continue during |
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| 1 | | the entire time the participant is in
service, with the | 2 | | following exceptions:
| 3 | | (1) Contributions for the retirement annuity are not | 4 | | required on salary
received after 18 years of service by | 5 | | persons who were participants before
January 2, 1954.
| 6 | | (2) A participant who continues to serve as a judge | 7 | | after becoming
eligible to receive the maximum rate of | 8 | | annuity may elect, through a written
direction filed with | 9 | | the Board, to discontinue contributing to the System.
Any | 10 | | such option elected by a judge shall be irrevocable unless | 11 | | prior to
January 1, 2000, and while continuing to
serve as | 12 | | judge, the judge (A) files with the Board a letter | 13 | | cancelling the
direction to discontinue contributing to | 14 | | the System and requesting that such
contributing resume, | 15 | | and (B) pays into the System an amount equal to the total
| 16 | | of the discontinued contributions plus interest thereon at | 17 | | 5% per annum.
Service credits earned in any other | 18 | | "participating system" as defined in
Article 20 of this | 19 | | Code shall be considered for purposes of determining a
| 20 | | judge's eligibility to discontinue contributions under | 21 | | this subdivision
(a)(2).
| 22 | | (3) A participant who (i) has attained age 60, (ii) | 23 | | continues to serve
as a judge after becoming eligible to | 24 | | receive the maximum rate of annuity,
and (iii) has not | 25 | | elected to discontinue contributing to the System under
| 26 | | subdivision (a)(2) of this Section (or has revoked any such |
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| 1 | | election) may
elect, through a written direction filed with | 2 | | the Board, to make contributions
to the System based only | 3 | | on the amount of the increases in salary received by
the | 4 | | judge on or after the date of the election, rather than the | 5 | | total salary
received. If a judge who is making | 6 | | contributions to the System on the
effective date of this | 7 | | amendatory Act of the 91st General Assembly makes an
| 8 | | election to limit contributions under this subdivision | 9 | | (a)(3) within 90 days
after that effective date, the | 10 | | election shall be deemed to become
effective on that | 11 | | effective date and the judge shall be entitled to receive a
| 12 | | refund of any excess contributions paid to the System | 13 | | during that 90-day
period; any other election under this | 14 | | subdivision (a)(3) becomes effective
on the first of the | 15 | | month following the date of the election. An election to
| 16 | | limit contributions under this subdivision (a)(3) is | 17 | | irrevocable. Service
credits earned in any other | 18 | | participating system as defined in Article 20 of
this Code | 19 | | shall be considered for purposes of determining a judge's | 20 | | eligibility
to make an election under this subdivision | 21 | | (a)(3).
| 22 | | (b) Beginning July 1, 1969, each participant is required to | 23 | | contribute
1% of each payment of salary towards the automatic | 24 | | increase in annuity
provided in Section 18-125.1. However, such | 25 | | contributions need not be made
by any participant who has | 26 | | elected prior to September 15, 1969, not to be
subject to the |
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| 1 | | automatic increase in annuity provisions.
| 2 | | (c) Effective July 13, 1953, each married participant | 3 | | subject to the
survivor's annuity provisions is required to | 4 | | contribute 2 1/2% of each
payment of salary, whether or not he | 5 | | or she is required to make any other
contributions under this | 6 | | Section. Such contributions shall be made
concurrently with the | 7 | | contributions made for annuity purposes.
| 8 | | (d) Notwithstanding any other provision of this Article, | 9 | | the required contributions for a participant who first becomes | 10 | | a participant on or after January 1, 2011 shall not exceed the | 11 | | contributions that would be due under this Article if that | 12 | | participant's highest salary for annuity purposes were | 13 | | $106,800, plus any increase in that amount under Section | 14 | | 18-125. | 15 | | (Source: P.A. 91-653, eff. 12-10-99.)
| 16 | | Section 95. No acceleration or delay. Where this Act makes | 17 | | changes in a statute that is represented in this Act by text | 18 | | that is not yet or no longer in effect (for example, a Section | 19 | | represented by multiple versions), the use of that text does | 20 | | not accelerate or delay the taking effect of (i) the changes | 21 | | made by this Act or (ii) provisions derived from any other | 22 | | Public Act.
| 23 | | Section 99. Effective date. This Act takes effect January | 24 | | 1, 2011.
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