Illinois General Assembly - Illinois Compiled Statutes

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40 ILCS 5/5-174

(40 ILCS 5/5-174) (from Ch. 108 1/2, par. 5-174)

Sec. 5-174.

Contributions in case of certain employments in police
department.

(a) Whenever a policeman is assigned to a position in the police
department other than the position he holds by certification and
appointment as a result of competitive civil service examination, there
shall be deducted from his salary the amount which would have been
deducted had he continued in his civil service position. If such
deductions are not made, the policeman may pay such amount direct to the
fund and shall be credited with the corresponding city contributions, to
the end that he may retain all rights he otherwise would have had were
his employment continuous in his civil service position; provided, that
any such amount not so deducted from his salary nor paid by him shall be
deducted from the earliest possible and practicable payment of salary
due and payable to him, or from any annuity, benefit or refund payable
to him or on his account. The policeman shall receive credit for such
employment as service for all purposes of this Article.

(b) From and after January 1, 1970, in lieu of the provisions of the
preceding paragraph (a) of this Section, any policeman serving in a
non-civil service position in the police department shall have salary
deductions
made for age and service annuity and widow's annuity on
salary as defined in Section 5-114(e).

Any active policeman serving in a non-civil service position on the
effective date of this amendatory Act may elect, prior to January 1,
1970, to contribute directly to the fund for age and service and widow's
annuity on salary received in excess of that provided for in his civil
service rank for police service rendered in a non-civil service position
prior to the operative date of his election. Such election shall be
exercised prior to January 1, 1974, by a policeman in service on such
effective date or within 6 months prior to such date. Any policeman in
service not serving in a non-civil service position on the effective
date of this amendatory Act who is subsequently assigned and serving in
a non-civil service position may make like election within 6 months
after such assignment. Contributions for such past service shall include
interest at the applicable rate to the end that the contributions shall
equal the amount that would have been credited to the policeman had
deductions been made
from such excess salary for such service. For such
contributions the policeman shall be credited with the corresponding
city contributions with interest for all annuity purposes at the rates
in effect at the time the service was rendered.

Contributions for past service, if elected, shall be made for the
entire period of service and for the total amount of the excess salary
and no credit shall be granted or payment permitted for any part of such
service or excess salary. Payment of contributions on such past service
shall be completed within 3 years of the date of election and in any
event before death or retirement. If not paid in full within such
period, or before death, no credit shall be granted thereon, and the
sums so paid, with interest at the rate of 1 1/2% per year, compounded
annually, shall be refunded to the policeman, or his surviving widow or
children, or if there are no such survivors, then in accordance with
Section 5-167, provided, however, that if the repayment has not been
made in full before death, his widow shall have the option of completing
such payment within 60 days from the date of his death.

A policeman assigned to a non-civil service position within 3 years
of the date of his reaching compulsory retirement age or within 3 years
of retirement at his own option, whichever is earlier, shall not qualify
for the benefits authorized herein. The limitation contained in this
paragraph shall not apply to a policeman assigned to a non-civil service
position whose retirement from active service is caused by duty
disability. Beginning January 1, 2000, the limitation contained in this
paragraph shall not apply to a policeman assigned to a non-civil service
position with the title of Captain. A policeman who has made contributions as provided by this
Section but who fails to qualify for the benefits due to the limitation
of this paragraph is entitled to refund of said contributions, upon
application therefor, according to the provisions of Section 5-163(f).

In no event shall the provisions of this or any other Section of this
Article, allowing payment for or granting credit on salary received in
excess of that provided for his civil service rank or position be
applicable in the case of any former policeman who is receiving annuity
from this fund who subsequently re-enters service as a policeman.

(Source: P.A. 94-624, eff. 8-18-05.)