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(40 ILCS 5/18-123) (from Ch. 108 1/2, par. 18-123)
Sec. 18-123.
Participation in survivor's annuity.
A participant in
active service as a judge after July 26, 1949, is eligible to participate
in the survivor's annuity provided under this Article. A married
participant who was in service on July 27, 1949 is subject to the
provisions relating to survivor's annuities unless he or she filed with the
Board written notice not to participate in such annuity within 30 days of
that date.
A married judge who becomes a participant after July 27, 1949, an
unmarried judge who becomes a participant after December 31, 1992,
and a judge who marries after becoming a participant shall be
subject to the provisions relating to survivor's annuities unless he or she
files with the Board written notice of his or her election not to
participate in the survivor's annuity within 30 days of the
date of being notified of the option by the System. Once the
election period has expired, a judge may not withdraw from participation
under this Section except as provided in Section 18-129.
A person who became a participant before January 1, 1997 and
who is not contributing for survivor's annuity may elect to make contributions
for survivor's annuity by filing written notice of the election with the
Board no later than April 1, 1998. Such an election may not be
rescinded. A person who has so elected shall be entitled only to partial
credit for survivor's annuity under subsection (g) of Section 18-129 unless all
of the payments required under subsection (f) of that Section have been made.
A married participant who elects not to participate in the survivor's
annuity provisions shall thereafter be ineligible to participate in the
survivor's annuity unless the election is rescinded as provided herein.
A married participant who elected not to participate in the survivor's
annuity provisions and who is still a judge, may elect to participate therein
by filing with the Board before April 1, 1998 a written recision
of the election not to participate. The participant and his or her spouse
shall be entitled to all the rights of the survivor's annuity, except as
limited in Section 18-129, upon paying the System for the survivor's
annuity 1 1/2% of each payment of salary earned between July 27, 1949 and
July 12, 1953, and 2 1/2% of each payment of salary earned after July 12,
1953, together with interest at 4% per annum, compounded annually from the
date the contributions would have been due to the date of payment. The
time and manner of paying the required contributions and interest shall be
prescribed by the Board.
(Source: P.A. 90-507, eff. 8-22-97.)
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