(40 ILCS 5/18-112) (from Ch. 108 1/2, par. 18-112)
Sec. 18-112.
Service.
"Service": The period beginning on the day a
person first became a judge, whether prior or subsequent to the effective
date, and ending on the date under consideration, excluding all intervening
periods during which he or she was not a judge following resignation or
expiration of any term of election or appointment.
Service also includes the following: (a) Any period prior to January 1,
1964 during which a judge served as a justice of the peace, police
magistrate or master in chancery, or as a civil referee, commissioner or
trial assistant to the chief judge in the Municipal Court of Chicago, or
performed judicial duties as an assistant to the judge of the Probate Court
of Cook County. A judge shall be entitled to credit for all or as much as
the judge may desire of such service, not exceeding 8 years, upon payment
of the participant's contribution covering such service at the contribution
rates in effect on July 1, 1969, together with interest at 4% per annum
compounded annually, from the dates the service was rendered to the date of
payment, provided credit for such service had not been granted in any
public pension fund or retirement system in the State. The required
contributions shall be based upon the rate of salary in effect for the
judge on the date he or she entered the system or on January 1, 1964,
whichever is later.
(b) Service rendered after January 1, 1964, as a holdover magistrate
or master in chancery of the Circuit Court. A judge shall be entitled to
credit for any period of such service, not exceeding a total of 8 years,
together with the period of service taken into account in paragraph (a).
Service credit under this paragraph is subject to the same contribution
requirements and other limitations that are prescribed for service credit under
paragraph (a).
(c) Any period that a participant served as a member of the General
Assembly, subject to the following conditions:
(1) He or she has been a participant in this system
for at least 4 years and has contributed to the system for
service rendered as a member of the General Assembly subsequent to
November 1, 1941, at the contribution rates in effect for a judge on
the date of becoming a participant, including interest at 3% per annum
compounded annually from the date such service was rendered to the date of
payment, based on the salary in effect during such period of service; and
(2) The participant is not entitled to credit for such service in any
other public retirement system in the State.
(d) Any period a participant served as a judge or commissioner of
the Court of Claims of this State after November 1, 1941, provided he or
she contributes to the system at the contribution rates in effect on the
date of becoming a participant, based on salary received during such
service, including interest at 3% per annum compounded annually from the
date such service was rendered to the date of payment.
(e) Any period that a participant served as State's Attorney or Public
Defender of any county of this State, subject to the following conditions: (1)
such service was not credited under any public pension fund or retirement
system; (2) the maximum service to be credited in this system shall be 8 years;
(3) the participant must have at least 6 years of service as a judge and as a
participant of this system; and (4) the participant has made contributions to
the system for such service at the contribution rates in effect on the date of
becoming a participant in this system based upon the salary of the judge on
such date, including interest at 4% per annum compounded annually from such
date to the date of payment.
A judge who terminated service before January 26, 1988 and whose
retirement annuity began after January 1, 1988 may establish credit for
service as a Public Defender in accordance with the other provisions of
this subsection by making application and paying the required contributions
to the Board not later than 30 days after August 23, 1989. In such
cases, the Board shall recalculate the retirement annuity, effective on the
first day of the next calendar month beginning at least 30 days after the
application is received.
(f) Any period as a participating policeman, employee or teacher under
Article 5, 14 or 16 of this Code, subject to the following conditions: (1) the
credits accrued under Article 5, 14 or 16 have been transferred to this system;
and (2) the participant has contributed to the system an amount equal to (A)
contributions at the rate in effect for participants at the date of membership
in this system based upon the salary of the judge on such date, (B) the
employer's share of the normal cost under this system for each year that credit
is being established, based on the salary in effect at the date of membership
in this system, and (C) interest at 6% per annum, compounded annually, from the
date of membership to the date of payment; less (D) the amount transferred on
behalf of the participant from Article 5, 14 or 16.
(g) Any period that a participant served as the Administrative Director
of the Circuit Court of Cook County, as Executive Director of the Home Rule
Commission, as assistant corporation counsel in the Chicago Law Department, or
as an employee of the Cook County Treasurer, subject to the following
conditions: (1) the maximum amount of such service which may be credited is 10
years; (2) in order to qualify for such credit in this system, a judge must
have at least 6 years of service as a judge and participant of this system; (3)
the last 6 years of service credited in this system shall be as a judge and a
participant in this system; (4) credits accrued to the participant under any
other public pension fund or public retirement system in the State, if any, by
reason of the service to be established under this paragraph (g) has been
transferred to this system; and (5) the participant has contributed to this
system the amount, if any, by which the amount transferred pursuant to
subdivision (4) of this paragraph, if any, is less than the amount which the
participant would have contributed to the system during the period of time
being counted as service under this paragraph had the participant
been a judge participating in this system during that time, based on the
rate of contribution in effect and the salary earned by the participant
on the date he or she became a participant, with interest accruing on
such deficiency at a rate of 5% per annum from the date he or she became a
participant through the date on which such deficiency is paid.
(h) Any period that a participant served as a full-time attorney
employed by the Chicago Transit Authority created by the Metropolitan
Transit Authority Act, subject to the following conditions: (1) any credit
received for such service in the pension fund established under Section
22-101 has been terminated; (2) the maximum amount of such service to be
credited in this system shall be 10 years; (3) the participant must have at
least 6 years of service as a judge and as a participant of this system;
and (4) the participant has made contributions to the system for such
service at the contribution rates in effect on the date of becoming a
participant in this system based upon the salary of the judge on such date,
including interest at 5% per annum compounded annually from such date to
the date of payment.
(i) Any period during which a participant received temporary total
disability benefit payments, as provided in Section 18-126.1.
Service during a fraction of a month shall be considered a month of
service, but no more than one month of service shall be credited for all
service during any calendar month.
(Source: P.A. 86-272; 86-273; 86-1028; 87-1265.)
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