(40 ILCS 5/18-129) (from Ch. 108 1/2, par. 18-129)
Sec. 18-129.
Refund of contributions; repayment.
(a) A participant who ceases to be a judge may, upon application to the
Board, receive a refund of his or her total contributions to the System
including the contributions made towards the automatic increase in
retirement annuity and contributions for the survivor's annuity,
without interest, provided he or she is not then immediately eligible to
receive a retirement annuity.
Upon receipt of a refund, the applicant shall cease to be a participant
and shall thereupon relinquish all rights in the System. However, upon
again becoming a participant, the judge shall receive credit for all
previous judicial service upon payment to the System of the amount refunded
together with interest at 4% per annum from the time of the refund to the
date of repayment.
(b) Upon death of a participant who did not become an annuitant, where
no spouse or other beneficiaries eligible for an annuity survive,
the participant's designated beneficiary or estate shall be
entitled to a refund of his or her total contributions to the System,
including contributions made towards the automatic increase in retirement
annuity and contributions for the survivor's annuity, without interest.
(c) Upon death of an annuitant, where no spouse or other beneficiaries
eligible for an annuity survive, the designated beneficiary or estate
shall receive a refund of the contributions made for the survivor's annuity,
without interest. If the annuitant received annuity
payments in the aggregate less than his or her contributions
for retirement annuity and the contributions towards the
automatic increase in the retirement annuity, the designated beneficiary
or estate shall also be refunded the difference between the total of such
contributions, excluding interest, and the sum of annuity payments made.
(d) A participant or annuitant whose marriage is terminated by death or
dissolution, an unmarried participant, and an annuitant who was not married
while he or she was a judge shall, upon application to the Board, receive
a refund of his or her contributions for the survivor's annuity, without
interest. Upon the issuance of a refund under this subsection, the recipient's
credit for survivor's annuity purposes shall terminate and the recipient shall
not thereafter make contributions for survivor's annuity, except in accordance
with subsection (f) or (g). Upon the death of a participant or annuitant who
received such a refund, any eligible children shall nevertheless be entitled to
the child's annuities provided in Section 18-128.01.
(e) Upon the death of a surviving spouse who, together with the
deceased judge, did not receive annuity payments in the aggregate equal to
the judge's total contributions to the System, the estate of the surviving
spouse shall be refunded the difference between the total payments and
total contributions, excluding interest.
(f) Upon marriage or remarriage, a participant or annuitant shall
receive full credit for survivor's annuity purposes upon:
(1) in the case of a participant, making the |
The time and manner of making such repayments shall be prescribed by
the Board.
(g) Upon marriage or remarriage, a participant who does not make the
payments required for full survivor's annuity credit under subsection (f)
may receive partial credit for survivor's annuity by making survivor's
annuity contributions under Section 18-123 beginning on the date of the
marriage or remarriage.
Notwithstanding any other provision of this Article, the survivor's
annuity (but not any child's annuity) payable under this Article on behalf
of a deceased person with only partial credit for survivor's annuity shall
be reduced by multiplying the amount of the survivor's annuity that would
have been payable if the person had full credit by a fraction, the
numerator of which is the number of months of service for which survivor's
annuity contributions have been credited in this System, and the
denominator of which is the total number of months of service in this System.
(Source: P.A. 90-766, eff. 8-14-98.)
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