Illinois General Assembly - Illinois Compiled Statutes

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

40 ILCS 5/1-166

    (40 ILCS 5/1-166)
    Sec. 1-166. Proportional annuity liability.

(a) If a participant's final average salary in a participating system under the Retirement Systems Reciprocal
Act, other than the General Assembly Retirement System, is  used to calculate a proportional retirement annuity for that participant under the General Assembly Retirement System, if that final average salary is  higher than the highest salary for annuity purposes  of that person under the General Assembly Retirement System, and if the participant retires after the effective date of this Section with less than 2 years of service that has accrued in that participating system since his or her last day of active participation in the General Assembly Retirement System, then the increased cost of the proportional annuity paid by the  General Assembly Retirement System that is attributable to that higher level of compensation shall be paid by  the employer of the participant under that other participating system to the General Assembly Retirement System in the form of a lump sum
payment determined by the General Assembly Retirement System in accordance with its annuity tables and other actuarial assumptions.

(b) For the purposes of this Section, "final average salary in a participating system under the Retirement Systems Reciprocal
Act, other than the General Assembly Retirement System," includes:

(1) In Section 1-160 and Articles 16 and 18, "final

average salary".

(2) In Articles 7 and 15, "final rate of earnings".
(3) In Articles 8, 9, 10, 11, and 12, "highest

 average annual salary for any 4 consecutive years within the last 10 years of service immediately preceding the date of withdrawal".

        (4) In Article 13, "average final salary".
        (5) In Article 14, "final average compensation".
        (6) In Article 17, "average salary".
        (7) In Section 22-207, "wages or salary received by

him at the date of retirement or discharge".

(c) If an employer fails to pay the amount required under this Section to the General Assembly Retirement System for more than
90 days after the payment is due, the System, after
giving notice to the employer, may certify to
the State Comptroller the amount of the delinquent payment and the
Comptroller shall deduct the amount so certified or any part thereof
from any payment  of State funds to the employer and shall pay the amount so deducted to the System.  If State
funds from which such deductions may be made are not available, then the System
may proceed against the employer to recover the
amount of the delinquent payment in the appropriate circuit court.

(Source: P.A. 97-967, eff. 8-16-12.)