(40 ILCS 5/13-502) (from Ch. 108 1/2, par. 13-502)
Sec. 13-502. Employee contributions; deductions from salary.
(a) Retirement annuity and child's annuity. Except as otherwise provided in this Section, there shall be deducted
from each payment of salary an amount equal to 7% of salary as the
employee's contribution for the retirement annuity, including
child's annuity, and 0.5% of salary as the employee's contribution for annual increases to the retirement annuity.
(a-1) For employees who first became a member or participant before January 1, 2011 under any reciprocal retirement system or pension fund established under this Code other than a retirement system or pension fund established under Article 2, 3, 4, 5, 6, or 18 of this Code: (1) beginning with the first pay period paid on or |
(b) Surviving spouse's annuity. There shall be deducted from each
payment of salary an amount equal to 1 1/2% of salary as the employee's
contribution for the surviving spouse's annuity and annual increases therefor. For employees that first became a member or a participant before January 1, 2011 under any reciprocal retirement system or pension fund established under this Code other than a retirement system or pension fund established under Article 2, 3, 4, 5, 6, or 18 of this Code, beginning with the first pay period paid on or after January 1, 2015 and ending with the last pay period paid on or before the date when the funded ratio of the Fund is first determined to have reached the 90% funding goal, there shall be deducted an additional 0.5% of salary for a total of 2.0% for the surviving spouse's annuity and annual increases.
(c) Pickup of employee contributions. The Employer may pick up employee
contributions required under subsections (a) and (b) of this Section. If
contributions are picked up they shall be treated as Employer contributions
in determining tax treatment under the United States Internal Revenue Code,
and shall not be included as gross income of the employee until such time
as they are distributed. The Employer shall pay these employee
contributions from the same source of funds used in paying salary to the
employee. The Employer may pick up these contributions by a reduction in
the cash salary of the employee or by an offset against a future salary
increase or by a combination of a reduction in salary and offset against a
future salary increase. If employee contributions are picked up they shall be
treated for all purposes of this Article 13, including Sections 13-503 and
13-601, in the same manner and to the same extent as employee contributions
made prior to the date picked up.
(d) Subject to the requirements of federal law, the Employer shall
pick up optional contributions that the employee has elected to pay to the
Fund under Section 13-304.1, and the contributions so picked up
shall be treated as employer contributions for the purposes of determining
federal tax treatment. The Employer shall pick up the contributions by a
reduction in the cash salary of the employee and shall pay the contributions
from the same fund that is used to pay earnings to the employee. The Employer
shall, however, continue to withhold federal and State income taxes based upon
contributions made under Section 13-304.1 until the Internal Revenue Service or
the federal courts rule that pursuant to Section 414(h) of the U.S. Internal
Revenue Code of 1986, as amended, these contributions shall not be included as
gross income of the employee until such time as they are distributed or made
available.
(e) Each employee is deemed to consent and agree to the deductions from
compensation provided for in this Article.
(f) Subject to the requirements of federal law, the Employer shall pick up
contributions that a commissioner has elected to pay to the Fund under Section
13-314, and the contributions so picked up shall be treated as Employer
contributions for the purposes of determining federal tax treatment. The
Employer shall pick up the contributions by a reduction in the cash salary of
the commissioner and shall pay the contributions from the same fund as is
used to pay earnings to the commissioner. The Employer shall, however,
continue to withhold federal and State income taxes based upon contributions
made under Section 13-314 until the U.S. Internal Revenue Service or the
federal courts rule that pursuant to Section 414(h) of the Internal Revenue
Code of 1986, as amended, these contributions shall not be included as gross
income of the employee until such time as they are distributed or made
available.
(Source: P.A. 97-894, eff. 8-3-12.)
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