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(40 ILCS 5/5-212) (from Ch. 108 1/2, par. 5-212)
Sec. 5-212. Computation of service. In computing the service rendered by a policeman prior to the
effective date, the following periods shall be counted, in addition to
all periods during where he performed the duties of his position, as
periods of service for annuity purposes only: all periods of (a)
vacation; (b) leave of absence with whole or part pay; (c) leave of
absence without pay on account of disability; and (d) leave of absence
during which the policeman was engaged in the military or naval service
of the United States of America. Service credit shall not be allowed for
a policeman in receipt of a pension on account of disability from any
pension fund superseded by this fund.
In computing the service rendered by a policeman on or after the
effective date, the following periods shall be counted, in addition to
all periods during which he performed the duties of his position, as
periods of service for annuity purposes only: all periods of (a)
vacation; (b) leave of absence with whole or part pay; (c) leave of
absence during which the policeman was engaged in the military or naval
service of the United States of America; (d) time that the policeman was
engaged in the military or naval service of the United States of
America, during which he was passed over on any eligible list posted
from an entrance examination, due to the fact that he was in such
military or naval service at the time he was called for appointment to
the Police Department, to be computed from the date he was passed over
on any eligible list and would have been first sworn in as a policeman
had he not been engaged in the military or naval service of the United
States of America, until the date of his discharge from such military or
naval service; provided that such policeman shall pay into this Fund the
same amount that would have been deducted from his salary had he been a
policeman during the aforementioned portion of such military or naval
service; (e) disability for which the policeman receives any disability
benefit or compensation under the Workers' Compensation Act or the Workers' Occupational Diseases Act; (f) disability for which the policeman receives whole or
part pay; (g) service for which credits and creditable service have
been transferred to this Fund under Section 9-121.1, 14-105.1 or 15-134.3
of this Code; and (h) periods of service in the military, naval, or air forces of the United States entered upon before beginning service as an active policeman of a municipality as provided in Section 5-214.3.
In computing service on or after the effective date for ordinary
disability benefit, all periods described in the preceding paragraph,
except any such period for which a policeman receives ordinary
disability benefit, shall be counted as periods of service.
In computing service for any of the purposes of this Article, no
credit shall be given for any period during which a policeman was not
rendering active service because of his discharge from the service,
unless proceedings to test the legality of the discharge are filed in a
court of competent jurisdiction within one year from the date of
discharge and a final judgment is entered therein declaring the
discharge illegal.
No overtime or extra service shall be included in computing service
of a policeman and not more than one year or a fractional part thereof
of service shall be allowed for service rendered during any calendar
year.
In computing service for any of the purposes of this Article, credit
shall be given for any periods during which a
policeman who is a member of the General Assembly is on leave of absence or is
otherwise authorized to be absent from duty to enable him or her to perform
legislative duties, notwithstanding any reduction in salary for such periods
and notwithstanding that the contributions paid by the policeman were based on
a reduced salary rather than the full amount of salary attached to his or her
career service rank.
(Source: P.A. 102-806, eff. 5-13-22.)
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