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 5/8-113

(40 ILCS 5/8-113) (from Ch. 108 1/2, par. 8-113)

Sec. 8-113. Municipal employee, employee, contributor, or participant. "Municipal employee", "employee", "contributor", or "participant":

(a) Any employee of an employer employed in the classified civil service
thereof other than by temporary appointment or in a position excluded or exempt
from the classified service by the Civil Service Act, or in the case of a city
operating under a personnel ordinance, any employee of an employer employed in
the classified or career service under the provisions of a personnel ordinance,
other than in a provisional or exempt position as specified in such ordinance
or in rules and regulations formulated thereunder.

(b) Any employee in the service of an employer before the Civil
Service Act came in effect for the employer.

(c) Any person employed by the board.

(d) Any person employed after December 31, 1949, but prior to January
1, 1984, in the service of the employer by temporary appointment or in
a position exempt from the classified service as set forth in the Civil
Service Act, or in a provisional or exempt position as specified in the
personnel ordinance, who meets the following qualifications:

(1) has rendered service during not less than 12

calendar months to an employer as an employee, officer, or official, 4 months of which must have been consecutive full normal working months of service rendered immediately prior to filing application to be included; and

(2) files written application with the board, while

in the service, to be included hereunder.

(e) After December 31, 1949, any alderperson or other officer or
official of the employer, who files, while in office, written
application with the board to be included hereunder.

(f) Beginning January 1, 1984, any person employed by an employer other
than the Chicago Housing Authority
or the Public Building Commission of the city, whether or not such person
is serving by temporary appointment or in a position exempt from the classified
service as set forth in the Civil Service Act, or in a provisional or exempt
position as specified in the personnel ordinance, provided that such person is
neither (1) an alderperson or other officer or official of the employer, nor (2)
participating, on the basis of such employment, in any other pension fund or
retirement system established under this Act.

(g) After December 31, 1959, any person employed in the law
department of the city, or municipal court or Board of Election
Commissioners of the city, who was a contributor and participant, on
December 31, 1959, in the annuity and benefit fund in operation in the
city on said date, by virtue of the Court and Law Department Employees'
Annuity Act or the Board of Election Commissioners Employees' Annuity
Act.

After December 31, 1959, the foregoing definition includes any other
person employed or to be employed in the law department, or municipal
court (other than as a judge), or Board of Election Commissioners (if
his salary is provided by appropriation of the city council of the city
and his salary paid by the city) -- subject, however, in the case of such
persons not participants on December 31, 1959, to compliance with the
same qualifications and restrictions otherwise set forth in this Section
and made generally applicable to employees or officers of the city
concerning eligibility for participation or membership.

Notwithstanding any other provision in this Section, any person who first becomes employed in the law department of the city on or after the effective date of this amendatory Act of the 100th General Assembly shall be included within the foregoing definition, effective upon the date the person first becomes so employed, regardless of the nature of the appointment the person holds under the provisions of a personnel ordinance.

(h) After December 31, 1965, any person employed in the public
library of the city -- and any other person -- who was a contributor and
participant, on December 31, 1965, in the pension fund in operation in
the city on said date, by virtue of the Public Library Employees'
Pension Act.

(i) After December 31, 1968, any person employed in the house of
correction of the city, who was a contributor and participant, on
December 31, 1968, in the pension fund in operation in the city on said
date, by virtue of the House of Correction Employees' Pension Act.

(j) Any person employed full-time on or after the effective date of this
amendatory Act of the 92nd General Assembly by the Chicago Housing Authority
who has elected to participate in this Fund as provided in subsection (a) of
Section 8-230.9.

(k) Any person employed full-time by the Public Building Commission of
the city who has elected to participate in this Fund as provided in subsection
(d) of Section 8-230.7.

(Source: P.A. 102-15, eff. 6-17-21.)