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(40 ILCS 5/2-122) (from Ch. 108 1/2, par. 2-122)
Sec. 2-122. Re-entry after retirement. An annuitant who re-enters service as a member shall become a
participant on the date of re-entry and retirement annuity
payments shall cease at that time. The participant shall resume contributions
to the system on the date of re-entry at the rates then in effect and shall
begin to accrue additional service credit. He or she shall be entitled
to all rights
and privileges in the system, including death and disability benefits,
subject to the limitations herein provided, except refund of retirement
annuity contributions.
Upon subsequent retirement, the participant shall be entitled
to a retirement
annuity consisting of: (1) the amount of retirement annuity previously
granted and terminated by re-entry into service; and (2) the
amount of additional retirement annuity earned during the
additional service based on the provisions in effect at the date of such subsequent
retirement. However, the total retirement annuity shall not
exceed the maximum retirement annuity applicable
at the date of the participant's last
retirement. If the salary
of the participant following the latest re-entry
into service is higher than
that in effect at the date of the previous retirement and the
participant
restores to the system all amounts previously received as
retirement annuity payments, upon subsequent
retirement, the retirement annuity shall be recalculated
for all service credited under the system as though the participant
had not previously retired.
The repayment of retirement annuity payments
must be made by
the participant in a single sum or by a withholding from
salary
within a period of 6 years from date of re-entry and in any event before
subsequent retirement. If previous annuity payments have not been repaid
to the system at the date of death of the participant,
any remaining
balance must be fully repaid to the system before any further annuity
shall be payable.
Such member, if unmarried at date of his last retirement, shall also
be entitled to a refund of widow's and widower's annuity contributions,
without interest, covering the period from the date of re-entry into
service to the date of last retirement.
Notwithstanding any other provision of this Article, if a person who first becomes a participant under this System on or after January 1, 2011 (the effective date of Public Act 96-889) is receiving a retirement annuity under this Article and becomes a member or participant under this Article or any other Article of this Code and is employed on a full-time basis, then the person's retirement annuity under this System shall be suspended during that employment. Upon termination of that employment, the person's retirement annuity shall resume and, if appropriate, be recalculated under the applicable provisions of this Article.(Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)
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