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90_HB1641enr
70 ILCS 2605/5.9 from Ch. 42, par. 324s
Amends the Metropolitan Water Reclamation District Act.
Permits the district's board of trustees to transfer
appropriations among departments after March 1 of a fiscal
year, rather than after the first half of a fiscal year.
LRB9001767MWpc
HB1641 Enrolled LRB9001767MWpc
1 AN ACT in relation to public employees, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. The State Employees Group Insurance Act of
6 1971 is amended by changing Section 3 as follows:
7 (5 ILCS 375/3) (from Ch. 127, par. 523)
8 (Text of Section before amendment by P.A. 89-507)
9 Sec. 3. Definitions. Unless the context otherwise
10 requires, the following words and phrases as used in this Act
11 shall have the following meanings. The Department may define
12 these and other words and phrases separately for the purpose
13 of implementing specific programs providing benefits under
14 this Act.
15 (a) "Administrative service organization" means any
16 person, firm or corporation experienced in the handling of
17 claims which is fully qualified, financially sound and
18 capable of meeting the service requirements of a contract of
19 administration executed with the Department.
20 (b) "Annuitant" means (1) an employee who retires, or
21 has retired, on or after January 1, 1966 on an immediate
22 annuity under the provisions of Articles 2, 14, 15 (including
23 an employee who has retired and is receiving a retirement
24 annuity under an optional program established under Section
25 15-158.2 and who would also be eligible for a retirement
26 annuity had that person been a participant in the State
27 University Retirement System), paragraphs (b) or (c) of
28 Section 16-106, or Article 18 of the Illinois Pension Code;
29 (2) any person who was receiving group insurance coverage
30 under this Act as of March 31, 1978 by reason of his status
31 as an annuitant, even though the annuity in relation to which
HB1641 Enrolled -2- LRB9001767MWpc
1 such coverage was provided is a proportional annuity based on
2 less than the minimum period of service required for a
3 retirement annuity in the system involved; (3) any person not
4 otherwise covered by this Act who has retired as a
5 participating member under Article 2 of the Illinois Pension
6 Code but is ineligible for the retirement annuity under
7 Section 2-119 of the Illinois Pension Code; (4) the spouse of
8 any person who is receiving a retirement annuity under
9 Article 18 of the Illinois Pension Code and who is covered
10 under a group health insurance program sponsored by a
11 governmental employer other than the State of Illinois and
12 who has irrevocably elected to waive his or her coverage
13 under this Act and to have his or her spouse considered as
14 the "annuitant" under this Act and not as a "dependent"; or
15 (5) an employee who retires, or has retired, from a qualified
16 position, as determined according to rules promulgated by the
17 Director, under a qualified local government or a qualified
18 rehabilitation facility or a qualified domestic violence
19 shelter or service. (For definition of "retired employee",
20 see (p) post).
21 (c) "Carrier" means (1) an insurance company, a
22 corporation organized under the Limited Health Service
23 Organization Act or the Voluntary Health Services Plan Act, a
24 partnership, or other nongovernmental organization, which is
25 authorized to do group life or group health insurance
26 business in Illinois, or (2) the State of Illinois as a
27 self-insurer.
28 (d) "Compensation" means salary or wages payable on a
29 regular payroll by the State Treasurer on a warrant of the
30 State Comptroller out of any State, trust or federal fund, or
31 by the Governor of the State through a disbursing officer of
32 the State out of a trust or out of federal funds, or by any
33 Department out of State, trust, federal or other funds held
34 by the State Treasurer or the Department, to any person for
HB1641 Enrolled -3- LRB9001767MWpc
1 personal services currently performed, and ordinary or
2 accidental disability benefits under Articles 2, 14, 15
3 (including ordinary or accidental disability benefits under
4 an optional program established under Section 15-158.2),
5 paragraphs (b) or (c) of Section 16-106, or Article 18 of the
6 Illinois Pension Code, for disability incurred after January
7 1, 1966, or benefits payable under the Workers' Compensation
8 or Occupational Diseases Act or benefits payable under a sick
9 pay plan established in accordance with Section 36 of the
10 State Finance Act. "Compensation" also means salary or wages
11 paid to an employee of any qualified local government or
12 qualified rehabilitation facility or a qualified domestic
13 violence shelter or service.
14 (e) "Commission" means the State Employees Group
15 Insurance Advisory Commission authorized by this Act.
16 Commencing July 1, 1984, "Commission" as used in this Act
17 means the Illinois Economic and Fiscal Commission as
18 established by the Legislative Commission Reorganization Act
19 of 1984.
20 (f) "Contributory", when referred to as contributory
21 coverage, shall mean optional coverages or benefits elected
22 by the member toward the cost of which such member makes
23 contribution, or which are funded in whole or in part through
24 the acceptance of a reduction in earnings or the foregoing of
25 an increase in earnings by an employee, as distinguished from
26 noncontributory coverage or benefits which are paid entirely
27 by the State of Illinois without reduction of the member's
28 salary.
29 (g) "Department" means any department, institution,
30 board, commission, officer, court or any agency of the State
31 government receiving appropriations and having power to
32 certify payrolls to the Comptroller authorizing payments of
33 salary and wages against such appropriations as are made by
34 the General Assembly from any State fund, or against trust
HB1641 Enrolled -4- LRB9001767MWpc
1 funds held by the State Treasurer and includes boards of
2 trustees of the retirement systems created by Articles 2, 14,
3 15, 16 and 18 of the Illinois Pension Code. "Department"
4 also includes the Illinois Comprehensive Health Insurance
5 Board, the Board of Examiners established under the Illinois
6 Public Accounting Act, and the Illinois Rural Bond Bank.
7 (h) "Dependent", when the term is used in the context of
8 the health and life plan, means a member's spouse and any
9 unmarried child (1) from birth to age 19 including an adopted
10 child, a child who lives with the member from the time of the
11 filing of a petition for adoption until entry of an order of
12 adoption, a stepchild or recognized child who lives with the
13 member in a parent-child relationship, or a child who lives
14 with the member if such member is a court appointed guardian
15 of the child, or (2) age 19 to 23 enrolled as a full-time
16 student in any accredited school, financially dependent upon
17 the member, and eligible as a dependent for Illinois State
18 income tax purposes, or (3) age 19 or over who is mentally or
19 physically handicapped as defined in the Illinois Insurance
20 Code. For the health plan only, the term "dependent" also
21 includes any person enrolled prior to the effective date of
22 this Section who is dependent upon the member to the extent
23 that the member may claim such person as a dependent for
24 Illinois State income tax deduction purposes; no other such
25 person may be enrolled.
26 (i) "Director" means the Director of the Illinois
27 Department of Central Management Services.
28 (j) "Eligibility period" means the period of time a
29 member has to elect enrollment in programs or to select
30 benefits without regard to age, sex or health.
31 (k) "Employee" means and includes each officer or
32 employee in the service of a department who (1) receives his
33 compensation for service rendered to the department on a
34 warrant issued pursuant to a payroll certified by a
HB1641 Enrolled -5- LRB9001767MWpc
1 department or on a warrant or check issued and drawn by a
2 department upon a trust, federal or other fund or on a
3 warrant issued pursuant to a payroll certified by an elected
4 or duly appointed officer of the State or who receives
5 payment of the performance of personal services on a warrant
6 issued pursuant to a payroll certified by a Department and
7 drawn by the Comptroller upon the State Treasurer against
8 appropriations made by the General Assembly from any fund or
9 against trust funds held by the State Treasurer, and (2) is
10 employed full-time or part-time in a position normally
11 requiring actual performance of duty during not less than 1/2
12 of a normal work period, as established by the Director in
13 cooperation with each department, except that persons elected
14 by popular vote will be considered employees during the
15 entire term for which they are elected regardless of hours
16 devoted to the service of the State, and (3) except that
17 "employee" does not include any person who is not eligible by
18 reason of such person's employment to participate in one of
19 the State retirement systems under Articles 2, 14, 15 (either
20 the regular Article 15 system or an optional program
21 established under Section 15-158.2) or 18, or under paragraph
22 (b) or (c) of Section 16-106, of the Illinois Pension Code,
23 but such term does include persons who are employed during
24 the 6 month qualifying period under Article 14 of the
25 Illinois Pension Code. Such term also includes any person
26 who (1) after January 1, 1966, is receiving ordinary or
27 accidental disability benefits under Articles 2, 14, 15
28 (including ordinary or accidental disability benefits under
29 an optional program established under Section 15-158.2),
30 paragraphs (b) or (c) of Section 16-106, or Article 18 of the
31 Illinois Pension Code, for disability incurred after January
32 1, 1966, (2) receives total permanent or total temporary
33 disability under the Workers' Compensation Act or
34 Occupational Disease Act as a result of injuries sustained or
HB1641 Enrolled -6- LRB9001767MWpc
1 illness contracted in the course of employment with the State
2 of Illinois, or (3) is not otherwise covered under this Act
3 and has retired as a participating member under Article 2 of
4 the Illinois Pension Code but is ineligible for the
5 retirement annuity under Section 2-119 of the Illinois
6 Pension Code. However, a person who satisfies the criteria
7 of the foregoing definition of "employee" except that such
8 person is made ineligible to participate in the State
9 Universities Retirement System by clause (4) of the first
10 paragraph of Section 15-107 of the Illinois Pension Code is
11 also an "employee" for the purposes of this Act. "Employee"
12 also includes any person receiving or eligible for benefits
13 under a sick pay plan established in accordance with Section
14 36 of the State Finance Act. "Employee" also includes each
15 officer or employee in the service of a qualified local
16 government, including persons appointed as trustees of
17 sanitary districts regardless of hours devoted to the service
18 of the sanitary district, and each employee in the service of
19 a qualified rehabilitation facility and each full-time
20 employee in the service of a qualified domestic violence
21 shelter or service, as determined according to rules
22 promulgated by the Director.
23 (l) "Member" means an employee, annuitant, retired
24 employee or survivor.
25 (m) "Optional coverages or benefits" means those
26 coverages or benefits available to the member on his or her
27 voluntary election, and at his or her own expense.
28 (n) "Program" means the group life insurance, health
29 benefits and other employee benefits designed and contracted
30 for by the Director under this Act.
31 (o) "Health plan" means a self-insured health insurance
32 program offered by the State of Illinois for the purposes of
33 benefiting employees by means of providing, among others,
34 wellness programs, utilization reviews, second opinions and
HB1641 Enrolled -7- LRB9001767MWpc
1 medical fee reviews, as well as for paying for hospital and
2 medical care up to the maximum coverage provided by the plan,
3 to its members and their dependents.
4 (p) "Retired employee" means any person who would be an
5 annuitant as that term is defined herein but for the fact
6 that such person retired prior to January 1, 1966. Such term
7 also includes any person formerly employed by the University
8 of Illinois in the Cooperative Extension Service who would be
9 an annuitant but for the fact that such person was made
10 ineligible to participate in the State Universities
11 Retirement System by clause (4) of the first paragraph of
12 Section 15-107 of the Illinois Pension Code.
13 (q) "Survivor" means a person receiving an annuity as a
14 survivor of an employee or of an annuitant. "Survivor" also
15 includes: (1) the surviving dependent of a person who
16 satisfies the definition of "employee" except that such
17 person is made ineligible to participate in the State
18 Universities Retirement System by clause (4) of the first
19 paragraph of Section 15-107 of the Illinois Pension Code; and
20 (2) the surviving dependent of any person formerly employed
21 by the University of Illinois in the Cooperative Extension
22 Service who would be an annuitant except for the fact that
23 such person was made ineligible to participate in the State
24 Universities Retirement System by clause (4) of the first
25 paragraph of Section 15-107 of the Illinois Pension Code.
26 (r) "Medical services" means the services provided
27 within the scope of their licenses by practitioners in all
28 categories licensed under the Medical Practice Act of 1987.
29 (s) "Unit of local government" means any county,
30 municipality, township, school district, special district or
31 other unit, designated as a unit of local government by law,
32 which exercises limited governmental powers or powers in
33 respect to limited governmental subjects, any not-for-profit
34 association with a membership that primarily includes
HB1641 Enrolled -8- LRB9001767MWpc
1 townships and township officials, that has duties that
2 include provision of research service, dissemination of
3 information, and other acts for the purpose of improving
4 township government, and that is funded wholly or partly in
5 accordance with Section 85-15 of the Township Code; any
6 not-for-profit corporation or association, with a membership
7 consisting primarily of municipalities, that operates its own
8 utility system, and provides research, training,
9 dissemination of information, or other acts to promote
10 cooperation between and among municipalities that provide
11 utility services and for the advancement of the goals and
12 purposes of its membership; and the Illinois Association of
13 Park Districts. "Qualified local government" means a unit of
14 local government approved by the Director and participating
15 in a program created under subsection (i) of Section 10 of
16 this Act.
17 (t) "Qualified rehabilitation facility" means any
18 not-for-profit organization that is accredited by the
19 Commission on Accreditation of Rehabilitation Facilities or
20 certified by the Department of Mental Health and
21 Developmental Disabilities to provide services to persons
22 with disabilities and which receives funds from the State of
23 Illinois for providing those services, approved by the
24 Director and participating in a program created under
25 subsection (j) of Section 10 of this Act.
26 (u) "Qualified domestic violence shelter or service"
27 means any Illinois domestic violence shelter or service and
28 its administrative offices funded by the Illinois Department
29 of Public Aid, approved by the Director and participating in
30 a program created under subsection (k) of Section 10.
31 (v) "TRS benefit recipient" means a person who:
32 (1) is not a "member" as defined in this Section;
33 and
34 (2) is receiving a monthly benefit or retirement
HB1641 Enrolled -9- LRB9001767MWpc
1 annuity under Article 16 of the Illinois Pension Code;
2 and
3 (3) either (i) has at least 8 years of creditable
4 service under Article 16 of the Illinois Pension Code, or
5 (ii) was enrolled in the health insurance program offered
6 under that Article on January 1, 1996, or (iii) is the
7 survivor of a benefit recipient who had at least 8 years
8 of creditable service under Article 16 of the Illinois
9 Pension Code or was enrolled in the health insurance
10 program offered under that Article on the effective date
11 of this amendatory Act of 1995, or (iv) is a recipient or
12 survivor of a recipient of a disability benefit under
13 Article 16 of the Illinois Pension Code.
14 (w) "TRS dependent beneficiary" means a person who:
15 (1) is not a "member" or "dependent" as defined in
16 this Section; and
17 (2) is a TRS benefit recipient's: (A) spouse, (B)
18 dependent parent who is receiving at least half of his or
19 her support from the TRS benefit recipient, or (C)
20 unmarried natural or adopted child who is (i) under age
21 19, or (ii) enrolled as a full-time student in an
22 accredited school, financially dependent upon the TRS
23 benefit recipient, eligible as a dependent for Illinois
24 State income tax purposes, and either is under age 24 or
25 was, on January 1, 1996, participating as a dependent
26 beneficiary in the health insurance program offered under
27 Article 16 of the Illinois Pension Code, or (iii) age 19
28 or over who is mentally or physically handicapped as
29 defined in the Illinois Insurance Code.
30 (x) "Military leave with pay and benefits" refers to
31 individuals in basic training for reserves, special/advanced
32 training, annual training, emergency call up, or activation
33 by the President of the United States with approved pay and
34 benefits.
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1 (y) "Military leave without pay and benefits" refers to
2 individuals who enlist for active duty in a regular component
3 of the U.S. Armed Forces or other duty not specified or
4 authorized under military leave with pay and benefits.
5 (Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 6-21-95;
6 89-25, eff. 6-21-95; 89-76, eff. 7-1-95; 89-324, eff.
7 8-13-95; 89-430, eff. 12-15-95; 89-502, eff. 7-1-96; 89-628,
8 eff. 8-9-96; revised 8-23-96.)
9 (Text of Section after amendment by P.A. 89-507)
10 Sec. 3. Definitions. Unless the context otherwise
11 requires, the following words and phrases as used in this Act
12 shall have the following meanings. The Department may define
13 these and other words and phrases separately for the purpose
14 of implementing specific programs providing benefits under
15 this Act.
16 (a) "Administrative service organization" means any
17 person, firm or corporation experienced in the handling of
18 claims which is fully qualified, financially sound and
19 capable of meeting the service requirements of a contract of
20 administration executed with the Department.
21 (b) "Annuitant" means (1) an employee who retires, or
22 has retired, on or after January 1, 1966 on an immediate
23 annuity under the provisions of Articles 2, 14, 15 (including
24 an employee who has retired and is receiving a retirement
25 annuity under an optional program established under Section
26 15-158.2 and who would also be eligible for a retirement
27 annuity had that person been a participant in the State
28 University Retirement System), paragraphs (b) or (c) of
29 Section 16-106, or Article 18 of the Illinois Pension Code;
30 (2) any person who was receiving group insurance coverage
31 under this Act as of March 31, 1978 by reason of his status
32 as an annuitant, even though the annuity in relation to which
33 such coverage was provided is a proportional annuity based on
34 less than the minimum period of service required for a
HB1641 Enrolled -11- LRB9001767MWpc
1 retirement annuity in the system involved; (3) any person not
2 otherwise covered by this Act who has retired as a
3 participating member under Article 2 of the Illinois Pension
4 Code but is ineligible for the retirement annuity under
5 Section 2-119 of the Illinois Pension Code; (4) the spouse of
6 any person who is receiving a retirement annuity under
7 Article 18 of the Illinois Pension Code and who is covered
8 under a group health insurance program sponsored by a
9 governmental employer other than the State of Illinois and
10 who has irrevocably elected to waive his or her coverage
11 under this Act and to have his or her spouse considered as
12 the "annuitant" under this Act and not as a "dependent"; or
13 (5) an employee who retires, or has retired, from a qualified
14 position, as determined according to rules promulgated by the
15 Director, under a qualified local government or a qualified
16 rehabilitation facility or a qualified domestic violence
17 shelter or service. (For definition of "retired employee",
18 see (p) post).
19 (c) "Carrier" means (1) an insurance company, a
20 corporation organized under the Limited Health Service
21 Organization Act or the Voluntary Health Services Plan Act, a
22 partnership, or other nongovernmental organization, which is
23 authorized to do group life or group health insurance
24 business in Illinois, or (2) the State of Illinois as a
25 self-insurer.
26 (d) "Compensation" means salary or wages payable on a
27 regular payroll by the State Treasurer on a warrant of the
28 State Comptroller out of any State, trust or federal fund, or
29 by the Governor of the State through a disbursing officer of
30 the State out of a trust or out of federal funds, or by any
31 Department out of State, trust, federal or other funds held
32 by the State Treasurer or the Department, to any person for
33 personal services currently performed, and ordinary or
34 accidental disability benefits under Articles 2, 14, 15
HB1641 Enrolled -12- LRB9001767MWpc
1 (including ordinary or accidental disability benefits under
2 an optional program established under Section 15-158.2),
3 paragraphs (b) or (c) of Section 16-106, or Article 18 of the
4 Illinois Pension Code, for disability incurred after January
5 1, 1966, or benefits payable under the Workers' Compensation
6 or Occupational Diseases Act or benefits payable under a sick
7 pay plan established in accordance with Section 36 of the
8 State Finance Act. "Compensation" also means salary or wages
9 paid to an employee of any qualified local government or
10 qualified rehabilitation facility or a qualified domestic
11 violence shelter or service.
12 (e) "Commission" means the State Employees Group
13 Insurance Advisory Commission authorized by this Act.
14 Commencing July 1, 1984, "Commission" as used in this Act
15 means the Illinois Economic and Fiscal Commission as
16 established by the Legislative Commission Reorganization Act
17 of 1984.
18 (f) "Contributory", when referred to as contributory
19 coverage, shall mean optional coverages or benefits elected
20 by the member toward the cost of which such member makes
21 contribution, or which are funded in whole or in part through
22 the acceptance of a reduction in earnings or the foregoing of
23 an increase in earnings by an employee, as distinguished from
24 noncontributory coverage or benefits which are paid entirely
25 by the State of Illinois without reduction of the member's
26 salary.
27 (g) "Department" means any department, institution,
28 board, commission, officer, court or any agency of the State
29 government receiving appropriations and having power to
30 certify payrolls to the Comptroller authorizing payments of
31 salary and wages against such appropriations as are made by
32 the General Assembly from any State fund, or against trust
33 funds held by the State Treasurer and includes boards of
34 trustees of the retirement systems created by Articles 2, 14,
HB1641 Enrolled -13- LRB9001767MWpc
1 15, 16 and 18 of the Illinois Pension Code. "Department"
2 also includes the Illinois Comprehensive Health Insurance
3 Board, the Board of Examiners established under the Illinois
4 Public Accounting Act, and the Illinois Rural Bond Bank.
5 (h) "Dependent", when the term is used in the context of
6 the health and life plan, means a member's spouse and any
7 unmarried child (1) from birth to age 19 including an adopted
8 child, a child who lives with the member from the time of the
9 filing of a petition for adoption until entry of an order of
10 adoption, a stepchild or recognized child who lives with the
11 member in a parent-child relationship, or a child who lives
12 with the member if such member is a court appointed guardian
13 of the child, or (2) age 19 to 23 enrolled as a full-time
14 student in any accredited school, financially dependent upon
15 the member, and eligible as a dependent for Illinois State
16 income tax purposes, or (3) age 19 or over who is mentally or
17 physically handicapped as defined in the Illinois Insurance
18 Code. For the health plan only, the term "dependent" also
19 includes any person enrolled prior to the effective date of
20 this Section who is dependent upon the member to the extent
21 that the member may claim such person as a dependent for
22 Illinois State income tax deduction purposes; no other such
23 person may be enrolled.
24 (i) "Director" means the Director of the Illinois
25 Department of Central Management Services.
26 (j) "Eligibility period" means the period of time a
27 member has to elect enrollment in programs or to select
28 benefits without regard to age, sex or health.
29 (k) "Employee" means and includes each officer or
30 employee in the service of a department who (1) receives his
31 compensation for service rendered to the department on a
32 warrant issued pursuant to a payroll certified by a
33 department or on a warrant or check issued and drawn by a
34 department upon a trust, federal or other fund or on a
HB1641 Enrolled -14- LRB9001767MWpc
1 warrant issued pursuant to a payroll certified by an elected
2 or duly appointed officer of the State or who receives
3 payment of the performance of personal services on a warrant
4 issued pursuant to a payroll certified by a Department and
5 drawn by the Comptroller upon the State Treasurer against
6 appropriations made by the General Assembly from any fund or
7 against trust funds held by the State Treasurer, and (2) is
8 employed full-time or part-time in a position normally
9 requiring actual performance of duty during not less than 1/2
10 of a normal work period, as established by the Director in
11 cooperation with each department, except that persons elected
12 by popular vote will be considered employees during the
13 entire term for which they are elected regardless of hours
14 devoted to the service of the State, and (3) except that
15 "employee" does not include any person who is not eligible by
16 reason of such person's employment to participate in one of
17 the State retirement systems under Articles 2, 14, 15 (either
18 the regular Article 15 system or an optional program
19 established under Section 15-158.2) or 18, or under paragraph
20 (b) or (c) of Section 16-106, of the Illinois Pension Code,
21 but such term does include persons who are employed during
22 the 6 month qualifying period under Article 14 of the
23 Illinois Pension Code. Such term also includes any person
24 who (1) after January 1, 1966, is receiving ordinary or
25 accidental disability benefits under Articles 2, 14, 15
26 (including ordinary or accidental disability benefits under
27 an optional program established under Section 15-158.2),
28 paragraphs (b) or (c) of Section 16-106, or Article 18 of the
29 Illinois Pension Code, for disability incurred after January
30 1, 1966, (2) receives total permanent or total temporary
31 disability under the Workers' Compensation Act or
32 Occupational Disease Act as a result of injuries sustained or
33 illness contracted in the course of employment with the State
34 of Illinois, or (3) is not otherwise covered under this Act
HB1641 Enrolled -15- LRB9001767MWpc
1 and has retired as a participating member under Article 2 of
2 the Illinois Pension Code but is ineligible for the
3 retirement annuity under Section 2-119 of the Illinois
4 Pension Code. However, a person who satisfies the criteria
5 of the foregoing definition of "employee" except that such
6 person is made ineligible to participate in the State
7 Universities Retirement System by clause (4) of the first
8 paragraph of Section 15-107 of the Illinois Pension Code is
9 also an "employee" for the purposes of this Act. "Employee"
10 also includes any person receiving or eligible for benefits
11 under a sick pay plan established in accordance with Section
12 36 of the State Finance Act. "Employee" also includes each
13 officer or employee in the service of a qualified local
14 government, including persons appointed as trustees of
15 sanitary districts regardless of hours devoted to the service
16 of the sanitary district, and each employee in the service of
17 a qualified rehabilitation facility and each full-time
18 employee in the service of a qualified domestic violence
19 shelter or service, as determined according to rules
20 promulgated by the Director.
21 (l) "Member" means an employee, annuitant, retired
22 employee or survivor.
23 (m) "Optional coverages or benefits" means those
24 coverages or benefits available to the member on his or her
25 voluntary election, and at his or her own expense.
26 (n) "Program" means the group life insurance, health
27 benefits and other employee benefits designed and contracted
28 for by the Director under this Act.
29 (o) "Health plan" means a self-insured health insurance
30 program offered by the State of Illinois for the purposes of
31 benefiting employees by means of providing, among others,
32 wellness programs, utilization reviews, second opinions and
33 medical fee reviews, as well as for paying for hospital and
34 medical care up to the maximum coverage provided by the plan,
HB1641 Enrolled -16- LRB9001767MWpc
1 to its members and their dependents.
2 (p) "Retired employee" means any person who would be an
3 annuitant as that term is defined herein but for the fact
4 that such person retired prior to January 1, 1966. Such term
5 also includes any person formerly employed by the University
6 of Illinois in the Cooperative Extension Service who would be
7 an annuitant but for the fact that such person was made
8 ineligible to participate in the State Universities
9 Retirement System by clause (4) of the first paragraph of
10 Section 15-107 of the Illinois Pension Code.
11 (q) "Survivor" means a person receiving an annuity as a
12 survivor of an employee or of an annuitant. "Survivor" also
13 includes: (1) the surviving dependent of a person who
14 satisfies the definition of "employee" except that such
15 person is made ineligible to participate in the State
16 Universities Retirement System by clause (4) of the first
17 paragraph of Section 15-107 of the Illinois Pension Code; and
18 (2) the surviving dependent of any person formerly employed
19 by the University of Illinois in the Cooperative Extension
20 Service who would be an annuitant except for the fact that
21 such person was made ineligible to participate in the State
22 Universities Retirement System by clause (4) of the first
23 paragraph of Section 15-107 of the Illinois Pension Code.
24 (r) "Medical services" means the services provided
25 within the scope of their licenses by practitioners in all
26 categories licensed under the Medical Practice Act of 1987.
27 (s) "Unit of local government" means any county,
28 municipality, township, school district, special district or
29 other unit, designated as a unit of local government by law,
30 which exercises limited governmental powers or powers in
31 respect to limited governmental subjects, any not-for-profit
32 association with a membership that primarily includes
33 townships and township officials, that has duties that
34 include provision of research service, dissemination of
HB1641 Enrolled -17- LRB9001767MWpc
1 information, and other acts for the purpose of improving
2 township government, and that is funded wholly or partly in
3 accordance with Section 85-15 of the Township Code; any
4 not-for-profit corporation or association, with a membership
5 consisting primarily of municipalities, that operates its own
6 utility system, and provides research, training,
7 dissemination of information, or other acts to promote
8 cooperation between and among municipalities that provide
9 utility services and for the advancement of the goals and
10 purposes of its membership; and the Illinois Association of
11 Park Districts. "Qualified local government" means a unit of
12 local government approved by the Director and participating
13 in a program created under subsection (i) of Section 10 of
14 this Act.
15 (t) "Qualified rehabilitation facility" means any
16 not-for-profit organization that is accredited by the
17 Commission on Accreditation of Rehabilitation Facilities or
18 certified by the Department of Human Services (as successor
19 to the Department of Mental Health and Developmental
20 Disabilities) to provide services to persons with
21 disabilities and which receives funds from the State of
22 Illinois for providing those services, approved by the
23 Director and participating in a program created under
24 subsection (j) of Section 10 of this Act.
25 (u) "Qualified domestic violence shelter or service"
26 means any Illinois domestic violence shelter or service and
27 its administrative offices funded by the Department of Human
28 Services (as successor to the Illinois Department of Public
29 Aid), approved by the Director and participating in a program
30 created under subsection (k) of Section 10.
31 (v) "TRS benefit recipient" means a person who:
32 (1) is not a "member" as defined in this Section;
33 and
34 (2) is receiving a monthly benefit or retirement
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1 annuity under Article 16 of the Illinois Pension Code;
2 and
3 (3) either (i) has at least 8 years of creditable
4 service under Article 16 of the Illinois Pension Code, or
5 (ii) was enrolled in the health insurance program offered
6 under that Article on January 1, 1996, or (iii) is the
7 survivor of a benefit recipient who had at least 8 years
8 of creditable service under Article 16 of the Illinois
9 Pension Code or was enrolled in the health insurance
10 program offered under that Article on the effective date
11 of this amendatory Act of 1995, or (iv) is a recipient or
12 survivor of a recipient of a disability benefit under
13 Article 16 of the Illinois Pension Code.
14 (w) "TRS dependent beneficiary" means a person who:
15 (1) is not a "member" or "dependent" as defined in
16 this Section; and
17 (2) is a TRS benefit recipient's: (A) spouse, (B)
18 dependent parent who is receiving at least half of his or
19 her support from the TRS benefit recipient, or (C)
20 unmarried natural or adopted child who is (i) under age
21 19, or (ii) enrolled as a full-time student in an
22 accredited school, financially dependent upon the TRS
23 benefit recipient, eligible as a dependent for Illinois
24 State income tax purposes, and either is under age 24 or
25 was, on January 1, 1996, participating as a dependent
26 beneficiary in the health insurance program offered under
27 Article 16 of the Illinois Pension Code, or (iii) age 19
28 or over who is mentally or physically handicapped as
29 defined in the Illinois Insurance Code.
30 (x) "Military leave with pay and benefits" refers to
31 individuals in basic training for reserves, special/advanced
32 training, annual training, emergency call up, or activation
33 by the President of the United States with approved pay and
34 benefits.
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1 (y) "Military leave without pay and benefits" refers to
2 individuals who enlist for active duty in a regular component
3 of the U.S. Armed Forces or other duty not specified or
4 authorized under military leave with pay and benefits.
5 (Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 6-21-95;
6 89-25, eff. 6-21-95; 89-76, eff. 7-1-95; 89-324, eff.
7 8-13-95; 89-430, eff. 12-15-95; 89-502, eff. 7-1-96; 89-507,
8 eff. 7-1-97; 89-628, eff. 8-9-96; revised 8-23-96.)
9 Section 1.5. The Property Tax Code is amended by
10 changing Section 18-185 as follows:
11 (35 ILCS 200/18-185)
12 Sec. 18-185. Short title; definitions. This Section and
13 Sections 18-190 through 18-245 may be cited as the Property
14 Tax Extension Limitation Law. As used in Sections 18-190
15 through 18-245:
16 "Consumer Price Index" means the Consumer Price Index for
17 All Urban Consumers for all items published by the United
18 States Department of Labor.
19 "Extension limitation" means (a) the lesser of 5% or the
20 percentage increase in the Consumer Price Index during the
21 12-month calendar year preceding the levy year or (b) the
22 rate of increase approved by voters under Section 18-205.
23 "Affected county" means a county of 3,000,000 or more
24 inhabitants or a county contiguous to a county of 3,000,000
25 or more inhabitants.
26 "Taxing district" has the same meaning provided in
27 Section 1-150, except as otherwise provided in this Section.
28 For the 1991 through 1994 levy years only, "taxing district"
29 includes only each non-home rule taxing district having the
30 majority of its 1990 equalized assessed value within any
31 county or counties contiguous to a county with 3,000,000 or
32 more inhabitants. Beginning with the 1995 levy year, "taxing
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1 district" includes only each non-home rule taxing district
2 subject to this Law before the 1995 levy year and each
3 non-home rule taxing district not subject to this Law before
4 the 1995 levy year having the majority of its 1994 equalized
5 assessed value in an affected county or counties. Beginning
6 with the levy year in which this Law becomes applicable to a
7 taxing district as provided in Section 18-213, "taxing
8 district" also includes those taxing districts made subject
9 to this Law as provided in Section 18-213.
10 "Aggregate extension" for taxing districts to which this
11 Law applied before the 1995 levy year means the annual
12 corporate extension for the taxing district and those special
13 purpose extensions that are made annually for the taxing
14 district, excluding special purpose extensions: (a) made for
15 the taxing district to pay interest or principal on general
16 obligation bonds that were approved by referendum; (b) made
17 for any taxing district to pay interest or principal on
18 general obligation bonds issued before October 1, 1991; (c)
19 made for any taxing district to pay interest or principal on
20 bonds issued to refund or continue to refund those bonds
21 issued before October 1, 1991; (d) made for any taxing
22 district to pay interest or principal on bonds issued to
23 refund or continue to refund bonds issued after October 1,
24 1991 that were approved by referendum; (e) made for any
25 taxing district to pay interest or principal on revenue bonds
26 issued before October 1, 1991 for payment of which a property
27 tax levy or the full faith and credit of the unit of local
28 government is pledged; however, a tax for the payment of
29 interest or principal on those bonds shall be made only after
30 the governing body of the unit of local government finds that
31 all other sources for payment are insufficient to make those
32 payments; (f) made for payments under a building commission
33 lease when the lease payments are for the retirement of bonds
34 issued by the commission before October 1, 1991, to pay for
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1 the building project; (g) made for payments due under
2 installment contracts entered into before October 1, 1991;
3 (h) made for payments of principal and interest on bonds
4 issued under the Metropolitan Water Reclamation District Act
5 to finance construction projects initiated before October 1,
6 1991; (i) made for payments of principal and interest on
7 limited bonds, as defined in Section 3 of the Local
8 Government Debt Reform Act, in an amount not to exceed the
9 debt service extension base less the amount in items (b),
10 (c), (e), and (h) of this definition for non-referendum
11 obligations, except obligations initially issued pursuant to
12 referendum; and (j) made for payments of principal and
13 interest on bonds issued under Section 15 of the Local
14 Government Debt Reform Act; and (k) made by a school district
15 that participates in the Special Education District of Lake
16 County, created by special education joint agreement under
17 Section 10-22.31 of the School Code, for payment of the
18 school district's share of the amounts required to be
19 contributed by the Special Education District of Lake County
20 to the Illinois Municipal Retirement Fund under Article 7 of
21 the Illinois Pension Code; the amount of any extension under
22 this item (k) shall be certified by the school district to
23 the county clerk.
24 "Aggregate extension" for the taxing districts to which
25 this Law did not apply before the 1995 levy year (except
26 taxing districts subject to this Law in accordance with
27 Section 18-213) means the annual corporate extension for the
28 taxing district and those special purpose extensions that are
29 made annually for the taxing district, excluding special
30 purpose extensions: (a) made for the taxing district to pay
31 interest or principal on general obligation bonds that were
32 approved by referendum; (b) made for any taxing district to
33 pay interest or principal on general obligation bonds issued
34 before March 1, 1995; (c) made for any taxing district to pay
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1 interest or principal on bonds issued to refund or continue
2 to refund those bonds issued before March 1, 1995; (d) made
3 for any taxing district to pay interest or principal on bonds
4 issued to refund or continue to refund bonds issued after
5 March 1, 1995 that were approved by referendum; (e) made for
6 any taxing district to pay interest or principal on revenue
7 bonds issued before March 1, 1995 for payment of which a
8 property tax levy or the full faith and credit of the unit of
9 local government is pledged; however, a tax for the payment
10 of interest or principal on those bonds shall be made only
11 after the governing body of the unit of local government
12 finds that all other sources for payment are insufficient to
13 make those payments; (f) made for payments under a building
14 commission lease when the lease payments are for the
15 retirement of bonds issued by the commission before March 1,
16 1995 to pay for the building project; (g) made for payments
17 due under installment contracts entered into before March 1,
18 1995; (h) made for payments of principal and interest on
19 bonds issued under the Metropolitan Water Reclamation
20 District Act to finance construction projects initiated
21 before October 1, 1991; (i) made for payments of principal
22 and interest on limited bonds, as defined in Section 3 of the
23 Local Government Debt Reform Act, in an amount not to exceed
24 the debt service extension base less the amount in items (b),
25 (c), (e), and (h) of this definition for non-referendum
26 obligations, except obligations initially issued pursuant to
27 referendum; (j) made for payments of principal and interest
28 on bonds issued under Section 15 of the Local Government Debt
29 Reform Act; (k) made for payments of principal and interest
30 on bonds authorized by Public Act 88-503 and issued under
31 Section 20a of the Chicago Park District Act for aquarium or
32 museum projects; and (l) made for payments of principal and
33 interest on bonds authorized by Public Act 87-1191 and issued
34 under Section 42 of the Cook County Forest Preserve District
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1 Act for zoological park projects.
2 "Aggregate extension" for all taxing districts to which
3 this Law applies in accordance with Section 18-213, except
4 for those taxing districts subject to paragraph (2) of
5 subsection (e) of Section 18-213, means the annual corporate
6 extension for the taxing district and those special purpose
7 extensions that are made annually for the taxing district,
8 excluding special purpose extensions: (a) made for the taxing
9 district to pay interest or principal on general obligation
10 bonds that were approved by referendum; (b) made for any
11 taxing district to pay interest or principal on general
12 obligation bonds issued before the date on which the
13 referendum making this Law applicable to the taxing district
14 is held; (c) made for any taxing district to pay interest or
15 principal on bonds issued to refund or continue to refund
16 those bonds issued before the date on which the referendum
17 making this Law applicable to the taxing district is held;
18 (d) made for any taxing district to pay interest or principal
19 on bonds issued to refund or continue to refund bonds issued
20 after the date on which the referendum making this Law
21 applicable to the taxing district is held if the bonds were
22 approved by referendum after the date on which the referendum
23 making this Law applicable to the taxing district is held;
24 (e) made for any taxing district to pay interest or principal
25 on revenue bonds issued before the date on which the
26 referendum making this Law applicable to the taxing district
27 is held for payment of which a property tax levy or the full
28 faith and credit of the unit of local government is pledged;
29 however, a tax for the payment of interest or principal on
30 those bonds shall be made only after the governing body of
31 the unit of local government finds that all other sources for
32 payment are insufficient to make those payments; (f) made for
33 payments under a building commission lease when the lease
34 payments are for the retirement of bonds issued by the
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1 commission before the date on which the referendum making
2 this Law applicable to the taxing district is held to pay for
3 the building project; (g) made for payments due under
4 installment contracts entered into before the date on which
5 the referendum making this Law applicable to the taxing
6 district is held; (h) made for payments of principal and
7 interest on limited bonds, as defined in Section 3 of the
8 Local Government Debt Reform Act, in an amount not to exceed
9 the debt service extension base less the amount in items (b),
10 (c), and (e) of this definition for non-referendum
11 obligations, except obligations initially issued pursuant to
12 referendum; (i) made for payments of principal and interest
13 on bonds issued under Section 15 of the Local Government Debt
14 Reform Act; and (j) made for a qualified airport authority to
15 pay interest or principal on general obligation bonds issued
16 for the purpose of paying obligations due under, or financing
17 airport facilities required to be acquired, constructed,
18 installed or equipped pursuant to, contracts entered into
19 before March 1, 1996 (but not including any amendments to
20 such a contract taking effect on or after that date).
21 "Aggregate extension" for all taxing districts to which
22 this Law applies in accordance with paragraph (2) of
23 subsection (e) of Section 18-213 means the annual corporate
24 extension for the taxing district and those special purpose
25 extensions that are made annually for the taxing district,
26 excluding special purpose extensions: (a) made for the taxing
27 district to pay interest or principal on general obligation
28 bonds that were approved by referendum; (b) made for any
29 taxing district to pay interest or principal on general
30 obligation bonds issued before the effective date of this
31 amendatory Act of 1997; (c) made for any taxing district to
32 pay interest or principal on bonds issued to refund or
33 continue to refund those bonds issued before the effective
34 date of this amendatory Act of 1997; (d) made for any taxing
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1 district to pay interest or principal on bonds issued to
2 refund or continue to refund bonds issued after the effective
3 date of this amendatory Act of 1997 if the bonds were
4 approved by referendum after the effective date of this
5 amendatory Act of 1997; (e) made for any taxing district to
6 pay interest or principal on revenue bonds issued before the
7 effective date of this amendatory Act of 1997 for payment of
8 which a property tax levy or the full faith and credit of the
9 unit of local government is pledged; however, a tax for the
10 payment of interest or principal on those bonds shall be made
11 only after the governing body of the unit of local government
12 finds that all other sources for payment are insufficient to
13 make those payments; (f) made for payments under a building
14 commission lease when the lease payments are for the
15 retirement of bonds issued by the commission before the
16 effective date of this amendatory Act of 1997 to pay for the
17 building project; (g) made for payments due under installment
18 contracts entered into before the effective date of this
19 amendatory Act of 1997; (h) made for payments of principal
20 and interest on limited bonds, as defined in Section 3 of the
21 Local Government Debt Reform Act, in an amount not to exceed
22 the debt service extension base less the amount in items (b),
23 (c), and (e) of this definition for non-referendum
24 obligations, except obligations initially issued pursuant to
25 referendum; (i) made for payments of principal and interest
26 on bonds issued under Section 15 of the Local Government Debt
27 Reform Act; and (j) made for a qualified airport authority to
28 pay interest or principal on general obligation bonds issued
29 for the purpose of paying obligations due under, or financing
30 airport facilities required to be acquired, constructed,
31 installed or equipped pursuant to, contracts entered into
32 before March 1, 1996 (but not including any amendments to
33 such a contract taking effect on or after that date).
34 "Debt service extension base" means an amount equal to
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1 that portion of the extension for a taxing district for the
2 1994 levy year, or for those taxing districts subject to this
3 Law in accordance with Section 18-213, except for those
4 subject to paragraph (2) of subsection (e) of Section 18-213,
5 for the levy year in which the referendum making this Law
6 applicable to the taxing district is held, or for those
7 taxing districts subject to this Law in accordance with
8 paragraph (2) of subsection (e) of Section 18-213 for the
9 1996 levy year, constituting an extension for payment of
10 principal and interest on bonds issued by the taxing district
11 without referendum, but not including (i) bonds authorized by
12 Public Act 88-503 and issued under Section 20a of the Chicago
13 Park District Act for aquarium and museum projects; (ii)
14 bonds issued under Section 15 of the Local Government Debt
15 Reform Act; or (iii) refunding obligations issued to refund
16 or to continue to refund obligations initially issued
17 pursuant to referendum. The debt service extension base may
18 be established or increased as provided under Section 18-212.
19 "Special purpose extensions" include, but are not limited
20 to, extensions for levies made on an annual basis for
21 unemployment and workers' compensation, self-insurance,
22 contributions to pension plans, and extensions made pursuant
23 to Section 6-601 of the Illinois Highway Code for a road
24 district's permanent road fund whether levied annually or
25 not. The extension for a special service area is not
26 included in the aggregate extension.
27 "Aggregate extension base" means the taxing district's
28 last preceding aggregate extension as adjusted under Sections
29 18-215 through 18-230.
30 "Levy year" has the same meaning as "year" under Section
31 1-155.
32 "New property" means (i) the assessed value, after final
33 board of review or board of appeals action, of new
34 improvements or additions to existing improvements on any
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1 parcel of real property that increase the assessed value of
2 that real property during the levy year multiplied by the
3 equalization factor issued by the Department under Section
4 17-30 and (ii) the assessed value, after final board of
5 review or board of appeals action, of real property not
6 exempt from real estate taxation, which real property was
7 exempt from real estate taxation for any portion of the
8 immediately preceding levy year, multiplied by the
9 equalization factor issued by the Department under Section
10 17-30.
11 "Qualified airport authority" means an airport authority
12 organized under the Airport Authorities Act and located in a
13 county bordering on the State of Wisconsin and having a
14 population in excess of 200,000 and not greater than 500,000.
15 "Recovered tax increment value" means the amount of the
16 current year's equalized assessed value, in the first year
17 after a municipality terminates the designation of an area as
18 a redevelopment project area previously established under the
19 Tax Increment Allocation Development Act in the Illinois
20 Municipal Code, previously established under the Industrial
21 Jobs Recovery Law in the Illinois Municipal Code, or
22 previously established under the Economic Development Area
23 Tax Increment Allocation Act, of each taxable lot, block,
24 tract, or parcel of real property in the redevelopment
25 project area over and above the initial equalized assessed
26 value of each property in the redevelopment project area.
27 Except as otherwise provided in this Section, "limiting
28 rate" means a fraction the numerator of which is the last
29 preceding aggregate extension base times an amount equal to
30 one plus the extension limitation defined in this Section and
31 the denominator of which is the current year's equalized
32 assessed value of all real property in the territory under
33 the jurisdiction of the taxing district during the prior levy
34 year. For those taxing districts that reduced their
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1 aggregate extension for the last preceding levy year, the
2 highest aggregate extension in any of the last 3 preceding
3 levy years shall be used for the purpose of computing the
4 limiting rate. The denominator shall not include new
5 property. The denominator shall not include the recovered
6 tax increment value.
7 (Source: P.A. 88-455; 89-1, eff. 2-12-95; 89-138, eff.
8 7-14-95; 89-385, eff. 8-18-95; 89-436, eff. 1-1-96; 89-449,
9 eff. 6-1-96; 89-510, eff. 7-11-96; 89-718, eff. 3-7-97.)
10 Section 2. The Illinois Pension Code is amended by
11 changing Sections 1-113, 5-152.1, 7-132, 7-171, 8-138,
12 8-150.1, 8-154, 8-159, 8-226, 11-134, 11-145.1, 11-149,
13 11-154, 11-215, 14-103.04, 14-104, 15-106, 15-112, 15-113.2,
14 15-113.3, 15-113.4, 15-113.5, 15-113.7, 15-125, 15-136.2,
15 15-143, 15-153.2, 15-157, 15-167.2, 15-185, 15-190, 15-191,
16 16-140, and 16-163 and adding Sections 8-138.3, 9-121.15,
17 9-220.1, 11-133.2, 14-104.10, 14-105.7, and 15-168.1 as
18 follows:
19 (40 ILCS 5/1-113) (from Ch. 108 1/2, par. 1-113)
20 Sec. 1-113. Investment authority. The investment
21 authority of a board of trustees of a retirement system or
22 pension fund established under this Code shall, if so
23 provided in the Article establishing such retirement system
24 or pension fund, embrace the following investments:
25 (1) Bonds, notes and other direct obligations of the
26 United States Government; bonds, notes and other obligations
27 of any United States Government agency or instrumentality,
28 whether or not guaranteed; and obligations the principal and
29 interest of which are guaranteed unconditionally by the
30 United States Government or by an agency or instrumentality
31 thereof.
32 (2) Obligations of the Inter-American Development Bank,
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1 the International Bank for Reconstruction and Development,
2 the African Development Bank, the International Finance
3 Corporation, and the Asian Development Bank.
4 (3) Obligations of any state, or of any political
5 subdivision in Illinois, or of any county or city in any
6 other state having a population as shown by the last federal
7 census of not less than 30,000 inhabitants provided that such
8 political subdivision is not permitted by law to become
9 indebted in excess of 10% of the assessed valuation of
10 property therein and has not defaulted for a period longer
11 than 30 days in the payment of interest and principal on any
12 of its general obligations or indebtedness during a period of
13 10 calendar years immediately preceding such investment.
14 (4) Nonconvertible bonds, debentures, notes and other
15 corporate obligations of any corporation created or existing
16 under the laws of the United States or any state, district or
17 territory thereof, provided there has been no default on the
18 obligations of the corporation or its predecessor(s) during
19 the 5 calendar years immediately preceding the purchase. Up
20 to 5% of the assets of a pension fund established under
21 Article 9 of this Code may be invested in nonconvertible
22 bonds, debentures, notes, and other corporate obligations of
23 corporations created or existing under the laws of a foreign
24 country, provided there has been no default on the
25 obligations of the corporation or its predecessors during the
26 5 calendar years immediately preceding the date of purchase.
27 (5) Obligations guaranteed by the Government of Canada,
28 or by any Province of Canada, or by any Canadian city with a
29 population of not less than 150,000 inhabitants, provided (a)
30 they are payable in United States currency and are exempt
31 from any Canadian withholding tax; (b) the investment in any
32 one issue of bonds shall not exceed 10% of the amount
33 outstanding; and (c) the total investments at book value in
34 Canadian securities shall be limited to 5% of the total
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1 investment account of the board at book value.
2 (5.1) Direct obligations of the State of Israel for the
3 payment of money, or obligations for the payment of money
4 which are guaranteed as to the payment of principal and
5 interest by the State of Israel, or common or preferred stock
6 or notes issued by a bank owned or controlled in whole or in
7 part by the State of Israel, on the following conditions:
8 (a) The total investments in such obligations shall
9 not exceed 5% of the book value of the aggregate
10 investments owned by the board;
11 (b) The State of Israel shall not be in default in
12 the payment of principal or interest on any of its direct
13 general obligations on the date of such investment;
14 (c) The bonds, stock or notes, and interest thereon
15 shall be payable in currency of the United States;
16 (d) The bonds shall (1) contain an option for the
17 redemption thereof after 90 days from date of purchase or
18 (2) either become due 5 years from the date of their
19 purchase or be subject to redemption 120 days after the
20 date of notice for redemption;
21 (e) The investment in these obligations has been
22 approved in writing by investment counsel employed by the
23 board, which counsel shall be a national or state bank or
24 trust company authorized to do a trust business in the
25 State of Illinois, or an investment advisor qualified
26 under the Federal Investment Advisors Act of 1940 and
27 registered under the Illinois Securities Act of 1953;
28 (f) The fund or system making the investment shall
29 have at least $5,000,000 of net present assets.
30 (6) Notes secured by mortgages under Sections 203, 207,
31 220 and 221 of the National Housing Act which are insured by
32 the Federal Housing Commissioner, or his successor assigns,
33 or debentures issued by such Commissioner, which are
34 guaranteed as to principal and interest by the Federal
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1 Housing Administration, or agency of the United States
2 Government, provided the aggregate investment shall not
3 exceed 20% of the total investment account of the board at
4 book value, and provided further that the investment in such
5 notes under Sections 220 and 221 shall in no event exceed
6 one-half of the maximum investment in notes under this
7 paragraph.
8 (7) Loans to veterans guaranteed in whole or part by the
9 United States Government pursuant to Title III of the Act of
10 Congress known as the "Servicemen's Readjustment Act of
11 1944," 58 Stat. 284, 38 U.S.C. 693, as amended or
12 supplemented from time to time, provided such guaranteed
13 loans are liens upon real estate.
14 (8) Common and preferred stocks and convertible debt
15 securities authorized for investment of trust funds under the
16 laws of the State of Illinois, provided:
17 (a) the common stocks, except as provided in
18 subparagraph (h), are listed on a national securities
19 exchange as defined in the Federal Securities Exchange
20 Act, or quoted in the National Association of Securities
21 Dealers Automated Quotation System (NASDAQ);
22 (b) the securities are of a corporation created or
23 existing under the laws of the United States or any
24 state, district or territory thereof, except that up to
25 5% of the assets of a pension fund established under
26 Article 9 of this Code may be invested in securities
27 issued by corporations created or existing under the laws
28 of a foreign country, if those securities are otherwise
29 in conformance with this paragraph (8);
30 (c) the corporation is not in arrears on payment of
31 dividends on its preferred stock;
32 (d) the total book value of all stocks and
33 convertible debt owned by any pension fund or retirement
34 system shall not exceed 40% of the aggregate book value
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1 of all investments of such pension fund or retirement
2 system, except for a pension fund or retirement that
3 system governed by Article 9 or 17, where the total of
4 all stocks and convertible debt shall not exceed 50% of
5 the aggregate book value of all fund investments;
6 (e) the book value of stock and convertible debt
7 investments in any one corporation shall not exceed 5% of
8 the total investment account at book value in which such
9 securities are held, determined as of the date of the
10 investment, and the investments in the stock of any one
11 corporation shall not exceed 5% of the total outstanding
12 stock of such corporation, and the investments in the
13 convertible debt of any one corporation shall not exceed
14 5% of the total amount of such debt that may be
15 outstanding;
16 (f) the straight preferred stocks or convertible
17 preferred stocks and convertible debt securities are
18 issued or guaranteed by a corporation whose common stock
19 qualifies for investment by the board; and
20 (g) that any common stocks not listed or quoted as
21 provided in subdivision 8(a) above be limited to the
22 following types of institutions: (a) any bank which is a
23 member of the Federal Deposit Insurance Corporation
24 having capital funds represented by capital stock,
25 surplus and undivided profits of at least $20,000,000;
26 (b) any life insurance company having capital funds
27 represented by capital stock, special surplus funds and
28 unassigned surplus totalling at least $50,000,000; and
29 (c) any fire or casualty insurance company, or a
30 combination thereof, having capital funds represented by
31 capital stock, net surplus and voluntary reserves of at
32 least $50,000,000.
33 (9) Withdrawable accounts of State chartered and federal
34 chartered savings and loan associations insured by the
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1 Federal Savings and Loan Insurance Corporation; deposits or
2 certificates of deposit in State and national banks insured
3 by the Federal Deposit Insurance Corporation; and share
4 accounts or share certificate accounts in a State or federal
5 credit union, the accounts of which are insured as required
6 by The Illinois Credit Union Act or the Federal Credit Union
7 Act, as applicable.
8 No bank or savings and loan association shall receive
9 investment funds as permitted by this subsection (9), unless
10 it has complied with the requirements established pursuant to
11 Section 6 of the Public Funds Investment Act.
12 (10) Trading, purchase or sale of listed options on
13 underlying securities owned by the board.
14 (11) Contracts and agreements supplemental thereto
15 providing for investments in the general account of a life
16 insurance company authorized to do business in Illinois.
17 (12) Conventional mortgage pass-through securities which
18 are evidenced by interests in Illinois owner-occupied
19 residential mortgages, having not less than an "A" rating
20 from at least one national securities rating service. Such
21 mortgages may have loan-to-value ratios up to 95%, provided
22 that any amount over 80% is insured by private mortgage
23 insurance. The pool of such mortgages shall be insured by
24 mortgage guaranty or equivalent insurance, in accordance with
25 industry standards.
26 (13) Pooled or commingled funds managed by a national or
27 State bank which is authorized to do a trust business in the
28 State of Illinois, shares of registered investment companies
29 as defined in the federal Investment Company Act of 1940
30 which are registered under that Act, and separate accounts of
31 a life insurance company authorized to do business in
32 Illinois, where such pooled or commingled funds, shares, or
33 separate accounts are comprised of common or preferred
34 stocks, bonds, or money market instruments.
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1 (14) Pooled or commingled funds managed by a national or
2 state bank which is authorized to do a trust business in the
3 State of Illinois, separate accounts managed by a life
4 insurance company authorized to do business in Illinois, and
5 commingled group trusts managed by an investment adviser
6 registered under the federal Investment Advisors Act of 1940
7 (15 U.S.C. 80b-1 et seq.) and under the Illinois Securities
8 Law of 1953, where such pooled or commingled funds, separate
9 accounts or commingled group trusts are comprised of real
10 estate or loans upon real estate secured by first or second
11 mortgages. The total investment in such pooled or commingled
12 funds, commingled group trusts and separate accounts shall
13 not exceed 10% of the aggregate book value of all investments
14 owned by the fund.
15 (15) Investment companies which (a) are registered as
16 such under the Investment Company Act of 1940, (b) are
17 diversified, open-end management investment companies and (c)
18 invest only in money market instruments.
19 (16) Up to 10% of the assets of the fund may be invested
20 in investments not included in paragraphs (1) through (15) of
21 this Section, provided that such investments comply with the
22 requirements and restrictions set forth in Sections 1-109,
23 1-109.1, 1-109.2, 1-110 and 1-111 of this Code.
24 The board shall have the authority to enter into such
25 agreements and to execute such documents as it determines to
26 be necessary to complete any investment transaction.
27 Any limitations herein set forth shall be applicable only
28 at the time of purchase and shall not require the liquidation
29 of any investment at any time.
30 All investments shall be clearly held and accounted for
31 to indicate ownership by such board. Such board may direct
32 the registration of securities in its own name or in the name
33 of a nominee created for the express purpose of registration
34 of securities by a national or state bank or trust company
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1 authorized to conduct a trust business in the State of
2 Illinois.
3 Investments shall be carried at cost or at a book value
4 determined in accordance with generally accepted accounting
5 principles and accounting procedures approved by such board.
6 No adjustments shall be made in investment carrying values
7 for ordinary current market price fluctuations; but reserves
8 may be provided to account for possible losses or unrealized
9 gains as determined by such board.
10 The book value of investments held by any pension fund or
11 retirement system in one or more commingled investment
12 accounts shall be the cost of its units of participation in
13 such commingled account or accounts as recorded on the books
14 of such board.
15 (Source: P.A. 86-272; 87-575; 87-794; 87-895.)
16 (40 ILCS 5/5-152.1)
17 Sec. 5-152.1. Parent's annuity.
18 (a) A parent's annuity shall be provided for the natural
19 parent or parents of a policeman who dies on or after the
20 effective date of this amendatory Act of 1996 while (i) in
21 active service, (ii) disabled and in receipt of or pending
22 receipt of a disability benefit, (iii) on leave of absence
23 with whole or part pay, (iv) on leave of absence without pay
24 during a period of not more than 3 months in the aggregate,
25 (v) in receipt of annuity granted after 20 years of service,
26 or (vi) out of the service after 20 years of service and
27 pending receipt of annuity to which the policeman has a right
28 upon attainment of age 50 or more. However, the parent's
29 annuity is payable only if there is no surviving spouse or
30 child entitled to an annuity as a result of the policeman's
31 death, and satisfactory proof is submitted to the board that
32 the policeman was contributing to the support of the parent
33 or parents at the time of death.
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1 (b) Beginning July 1, 1997, a parent's annuity shall be
2 available to the natural parent or parents of a policeman who
3 died before August 9, 1996 while (i) in active service, (ii)
4 disabled and in receipt of or pending receipt of a disability
5 benefit, (iii) on leave of absence with whole or part pay,
6 (iv) on leave of absence without pay during a period of not
7 more than 3 months in the aggregate, (v) in receipt of
8 annuity granted after 20 years of service, or (vi) out of the
9 service after 20 years of service and pending receipt of
10 annuity to which the policeman has a right upon attainment of
11 age 50 or more. However, the parent's annuity is payable
12 only if there is no surviving spouse or child entitled to an
13 annuity as a result of the policeman's death, and
14 satisfactory proof is submitted to the board that the
15 policeman was contributing to the support of the parent or
16 parents at the time of death. The parent's annuity shall
17 begin no earlier than the first day of the month following
18 the month in which the application for parent's annuity is
19 received by the Fund.
20 (c) The parent's annuity shall be 18% of the current
21 annual salary attached to the classified position held by the
22 policeman at the time of death or withdrawal from service for
23 each eligible surviving parent, payable on a monthly basis.
24 (Source: P.A. 89-643, eff. 8-9-96.)
25 (40 ILCS 5/7-132) (from Ch. 108 1/2, par. 7-132)
26 Sec. 7-132. Municipalities, instrumentalities and
27 participating instrumentalities included and effective dates.
28 (A) Municipalities and their instrumentalities.
29 (a) The following described municipalities, but not
30 including any with more than 1,000,000 inhabitants, and the
31 instrumentalities thereof, shall be included within and be
32 subject to this Article beginning upon the effective dates
33 specified by the Board:
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1 (1) Except as to the municipalities and
2 instrumentalities thereof specifically excluded under
3 this Article, every county shall be subject to this
4 Article, and all cities, villages and incorporated towns
5 having a population in excess of 5,000 inhabitants as
6 determined by the last preceding decennial or subsequent
7 federal census, shall be subject to this Article
8 following publication of the census by the Bureau of the
9 Census. Within 90 days after publication of the census,
10 the Board shall notify any municipality that has become
11 subject to this Article as a result of that census, and
12 shall provide information to the corporate authorities of
13 the municipality explaining the duties and consequences
14 of participation. The notification shall also include a
15 proposed date upon which participation by the
16 municipality will commence.
17 However, for any city, village or incorporated town
18 that attains a population over 5,000 inhabitants after
19 having provided social security coverage for its
20 employees under the Social Security Enabling Act,
21 participation under this Article shall not be mandatory
22 but may be elected in accordance with subparagraph (3) or
23 (4) of this paragraph (a), whichever is applicable.
24 (2) School districts, other than those specifically
25 excluded under this Article, shall be subject to this
26 Article, without election, with respect to all employees
27 thereof.
28 (3) Towns and all other bodies politic and
29 corporate which are formed by vote of, or are subject to
30 control by, the electors in towns and are located in
31 towns which are not participating municipalities on the
32 effective date of this Act, may become subject to this
33 Article by election pursuant to Section 7-132.1.
34 (4) Any other municipality (together with its
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1 instrumentalities), other than those specifically
2 excluded from participation and those described in
3 paragraph (3) above, may elect to be included either by
4 referendum under Section 7-134 or by the adoption of a
5 resolution or ordinance by its governing body. A copy of
6 such resolution or ordinance duly authenticated and
7 certified by the clerk of the municipality or other
8 appropriate official of its governing body shall
9 constitute the required notice to the board of such
10 action.
11 (b) A municipality that is about to begin participation
12 shall submit to the Board an application to participate, in a
13 form acceptable to the Board, not later than 90 days prior to
14 the proposed effective date of participation. The Board
15 shall act upon the application within 90 days, and if it
16 finds that the application is in conformity with its
17 requirements and the requirements of this Article,
18 participation by the applicant shall commence on a date
19 acceptable to the municipality and specified by the Board,
20 but in no event more than one year from the date of
21 application.
22 (c) A participating municipality which succeeds to the
23 functions of a participating municipality which is dissolved
24 or terminates its existence shall assume and be transferred
25 the net accumulation balance in the municipality reserve and
26 the municipality account receivable balance of the terminated
27 municipality.
28 (d) In the case of a Veterans Assistance Commission
29 whose employees were being treated by the Fund on January 1,
30 1990 as employees of the county served by the Commission, the
31 Fund may continue to treat the employees of the Veterans
32 Assistance Commission as county employees for the purposes of
33 this Article, unless the Commission becomes a participating
34 instrumentality in accordance with subsection (B) of this
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1 Section.
2 (B) Participating instrumentalities.
3 (a) The participating instrumentalities designated in
4 paragraph (b) of this subsection shall be included within and
5 be subject to this Article if:
6 (1) an application to participate, in a form
7 acceptable to the Board and adopted by a two-thirds vote
8 of the governing body, is presented to the Board not
9 later than 90 days prior to the proposed effective date;
10 and
11 (2) the Board finds that the application is in
12 conformity with its requirements, that the applicant has
13 reasonable expectation to continue as a political entity
14 for a period of at least 10 years and has the prospective
15 financial capacity to meet its current and future
16 obligations to the Fund, and that the actuarial soundness
17 of the Fund may be reasonably expected to be unimpaired
18 by approval of participation by the applicant.
19 The Board shall notify the applicant of its findings
20 within 90 days after receiving the application, and if the
21 Board approves the application, participation by the
22 applicant shall commence on the effective date specified by
23 the Board.
24 (b) The following participating instrumentalities, so
25 long as they meet the requirements of Section 7-108 and the
26 area served by them or within their jurisdiction is not
27 located entirely within a municipality having more than one
28 million inhabitants, may be included hereunder:
29 i. Township School District Trustees.
30 ii. Multiple County and Consolidated Health
31 Departments created under Division 5-25 of the Counties
32 Code or its predecessor law.
33 iii. Public Building Commissions created under the
34 Public Building Commission Act, and located in counties
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1 of less than 1,000,000 inhabitants.
2 iv. A multitype, consolidated or cooperative
3 library system created under the Illinois Library System
4 Act. Any library system created under the Illinois
5 Library System Act that has one or more predecessors that
6 participated in the Fund may participate in the Fund upon
7 application. The Board shall establish procedures for
8 implementing the transfer of rights and obligations from
9 the predecessor system to the successor system.
10 v. Regional Planning Commissions created under
11 Division 5-14 of the Counties Code or its predecessor
12 law.
13 vi. Local Public Housing Authorities created under
14 the Housing Authorities Act, located in counties of less
15 than 1,000,000 inhabitants.
16 vii. Illinois Municipal League.
17 viii. Northeastern Illinois Metropolitan Area
18 Planning Commission.
19 ix. Southwestern Illinois Metropolitan Area
20 Planning Commission.
21 x. Illinois Association of Park Districts.
22 xi. Illinois Supervisors, County Commissioners and
23 Superintendents of Highways Association.
24 xii. Tri-City Regional Port District.
25 xiii. An association, or not-for-profit
26 corporation, membership in which is authorized under
27 Section 85-15 of the Township Code.
28 xiv. Drainage Districts operating under the
29 Illinois Drainage Code.
30 xv. Local mass transit districts created under the
31 Local Mass Transit District Act.
32 xvi. Soil and water conservation districts created
33 under the Soil and Water Conservation Districts Law.
34 xvii. Commissions created to provide water supply
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1 or sewer services or both under Division 135 or Division
2 136 of Article 11 of the Illinois Municipal Code.
3 xviii. Public water districts created under the
4 Public Water District Act.
5 xix. Veterans Assistance Commissions established
6 under Section 9 of the Military Veterans Assistance Act
7 that serve counties with a population of less than
8 1,000,000.
9 xx. The governing body of an entity, other than a
10 vocational education cooperative, created under an
11 intergovernmental cooperative agreement established
12 between participating municipalities under the
13 Intergovernmental Cooperation Act, which by the terms of
14 the agreement is the employer of the persons performing
15 services under the agreement under the usual common law
16 rules determining the employer-employee relationship.
17 The governing body of such an intergovernmental
18 cooperative entity established prior to July 1, 1988 may
19 make participation retroactive to the effective date of
20 the agreement and, if so, the effective date of
21 participation shall be the date the required application
22 is filed with the fund. If any such entity is unable to
23 pay the required employer contributions to the fund, then
24 the participating municipalities shall make payment of
25 the required contributions and the payments shall be
26 allocated as provided in the agreement or, if not so
27 provided, equally among them.
28 xxi. The Illinois Municipal Electric Agency.
29 xxii. The Waukegan Port District.
30 xxiii. The Fox Waterway Agency created under the
31 Fox Waterway Agency Act.
32 (c) The governing boards of special education joint
33 agreements created under Section 10-22.31 of the School Code
34 without designation of an administrative district, shall be
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1 included within and be subject to this Article as
2 participating instrumentalities when the joint agreement
3 becomes effective. However, the governing board of any such
4 special education joint agreement in effect before September
5 5, 1975 shall not be subject to this Article unless the joint
6 agreement is modified by the school districts to provide that
7 the governing board is subject to this Article, except as
8 otherwise provided by this Section.
9 The governing board of the Special Education District of
10 Lake County shall become subject to this Article as a
11 participating instrumentality on July 1, 1997.
12 Notwithstanding subdivision (a)1 of Section 7-139, on the
13 effective date of participation, employees of the governing
14 board of the Special Education District of Lake County shall
15 receive creditable service for their prior service with that
16 employer, up to a maximum of 5 years, without any employee
17 contribution. Employees may establish creditable service for
18 the remainder of their prior service with that employer, if
19 any, by applying in writing and paying an employee
20 contribution in an amount determined by the Fund, based on
21 the employee contribution rates in effect at the time of
22 application for the creditable service and the employee's
23 salary rate on the effective date of participation for that
24 employer, plus interest at the effective rate from the date
25 of the prior service to the date of payment. Application for
26 this creditable service must be made before July 1, 1998; the
27 payment may be made at any time while the employee is still
28 in service. The employer may elect to make the required
29 contribution on behalf of the employee.
30 The governing board of a special education joint
31 agreement created under Section 10-22.31 of the School Code
32 for which an administrative district has been designated, if
33 there are employees of the cooperative educational entity who
34 are not employees of the administrative district, may elect
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1 to participate in the Fund and be included within this
2 Article as a participating instrumentality, subject to such
3 application procedures and rules as the Board may prescribe.
4 The Boards of Control of cooperative or joint educational
5 programs or projects created and administered under Section
6 3-15.14 of the School Code, whether or not the Boards act as
7 their own administrative district, shall be included within
8 and be subject to this Article as participating
9 instrumentalities when the agreement establishing the
10 cooperative or joint educational program or project becomes
11 effective.
12 The governing board of a special education joint
13 agreement entered into after June 30, 1984 and prior to
14 September 17, 1985 which provides for representation on the
15 governing board by less than all the participating districts
16 shall be included within and subject to this Article as a
17 participating instrumentality. Such participation shall be
18 effective as of the date the joint agreement becomes
19 effective.
20 The governing boards of educational service centers
21 established under Section 2-3.62 of the School Code shall be
22 included within and subject to this Article as participating
23 instrumentalities. The governing boards of vocational
24 education cooperative agreements created under the
25 Intergovernmental Cooperation Act and approved by the State
26 Board of Education shall be included within and be subject to
27 this Article as participating instrumentalities. If any such
28 governing boards or boards of control are unable to pay the
29 required employer contributions to the fund, then the school
30 districts served by such boards shall make payment of
31 required contributions as provided in Section 7-172. The
32 payments shall be allocated among the several school
33 districts in proportion to the number of students in average
34 daily attendance for the last full school year for each
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1 district in relation to the total number of students in
2 average attendance for such period for all districts served.
3 If such educational service centers, vocational education
4 cooperatives or cooperative or joint educational programs or
5 projects created and administered under Section 3-15.14 of
6 the School Code are dissolved, the assets and obligations
7 shall be distributed among the districts in the same
8 proportions unless otherwise provided.
9 (d) The governing boards of special recreation joint
10 agreements created under Section 8-10b of the Park District
11 Code, operating without designation of an administrative
12 district or an administrative municipality appointed to
13 administer the program operating under the authority of such
14 joint agreement shall be included within and be subject to
15 this Article as participating instrumentalities when the
16 joint agreement becomes effective. However, the governing
17 board of any such special recreation joint agreement in
18 effect before January 1, 1980 shall not be subject to this
19 Article unless the joint agreement is modified, by the
20 districts and municipalities which are parties to the
21 agreement, to provide that the governing board is subject to
22 this Article.
23 If the Board returns any employer and employee
24 contributions to any employer which erroneously submitted
25 such contributions on behalf of a special recreation joint
26 agreement, the Board shall include interest computed from the
27 end of each year to the date of payment, not compounded, at
28 the rate of 7% per annum.
29 (e) Each multi-township assessment district, the board
30 of trustees of which has adopted this Article by ordinance
31 prior to April 1, 1982, shall be a participating
32 instrumentality included within and subject to this Article
33 effective December 1, 1981. The contributions required under
34 Section 7-172 shall be included in the budget prepared under
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1 and allocated in accordance with Section 2-30 of the Property
2 Tax Code.
3 (f) Beginning January 1, 1992, each prospective
4 participating municipality or participating instrumentality
5 shall pay to the Fund the cost, as determined by the Board,
6 of a study prepared by the Fund or its actuary, detailing the
7 prospective costs of participation in the Fund to be expected
8 by the municipality or instrumentality.
9 (Source: P.A. 88-670, eff. 12-2-94, 89-162, eff. 7-19-95.)
10 (40 ILCS 5/7-171) (from Ch. 108 1/2, par. 7-171)
11 Sec. 7-171. Finance; taxes.
12 (a) Each municipality other than a school district shall
13 appropriate an amount sufficient to provide for the current
14 municipality contributions required by Section 7-172 of this
15 Article, for the fiscal year for which the appropriation is
16 made and all amounts due for municipal contributions for
17 previous years. Those municipalities which have been assessed
18 an annual amount to amortize its unfunded obligation, as
19 provided in subparagraph 5 of paragraph (a) of Section 7-172
20 of this Article, shall include in the appropriation an amount
21 sufficient to pay the amount assessed. The appropriation
22 shall be based upon an estimate of assets available for
23 municipality contributions and liabilities therefor for the
24 fiscal year for which appropriations are to be made,
25 including funds available from levies for this purpose in
26 prior years.
27 (b) For the purpose of providing monies for municipality
28 contributions, beginning for the year in which a municipality
29 is included in this fund:
30 (1) A municipality other than a school district may
31 levy a tax which shall not exceed the amount appropriated
32 for municipality contributions.
33 (2) A school district may levy a tax in an amount
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1 reasonably calculated at the time of the levy to provide
2 for the municipality contributions required under Section
3 7-172 of this Article for the fiscal years for which
4 revenues from the levy will be received and all amounts
5 due for municipal contributions for previous years. Any
6 levy adopted before the effective date of this amendatory
7 Act of 1995 by a school district shall be considered
8 valid and authorized to the extent that the amount was
9 reasonably calculated at the time of the levy to provide
10 for the municipality contributions required under Section
11 7-172 for the fiscal years for which revenues from the
12 levy will be received and all amounts due for municipal
13 contributions for previous years. In no event shall a
14 budget adopted by a school district limit a levy of that
15 school district adopted under this Section.
16 (c) Any county which is a part of an educational service
17 region comprised of two or more counties formed under Section
18 3A of The School Code may include in its appropriation an
19 amount sufficient to provide its proportionate share of the
20 municipality contributions of the region. The tax levy
21 authorized by this Section may include an amount necessary to
22 provide monies for this contribution.
23 (d) Any county that is a part of a multiple-county
24 health department or consolidated health department which is
25 formed under "An Act in relation to the establishment and
26 maintenance of county and multiple-county public health
27 departments", approved July 9, 1943, as amended, and which is
28 a participating instrumentality may include in the county's
29 appropriation an amount sufficient to provide its
30 proportionate share of municipality contributions of the
31 department. The tax levy authorized by this Section may
32 include the amount necessary to provide monies for this
33 contribution.
34 (d-5) A school district participating in a special
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1 education joint agreement created under Section 10-22.31 of
2 the School Code that is a participating instrumentality may
3 include in the school district's tax levy under this Section
4 an amount sufficient to provide its proportionate share of
5 the municipality contributions for current and prior service
6 by employees of the participating instrumentality created
7 under the joint agreement.
8 (e) Such tax shall be levied and collected in like
9 manner, with the general taxes of the municipality and shall
10 be in addition to all other taxes which the municipality is
11 now or may hereafter be authorized to levy upon all taxable
12 property therein, and shall be exclusive of and in addition
13 to the amount of tax levied for general purposes under
14 Section 8-3-1 of the "Illinois Municipal Code", approved May
15 29, 1961, as amended, or under any other law or laws which
16 may limit the amount of tax which the municipality may levy
17 for general purposes. The tax may be levied by the governing
18 body of the municipality without being authorized as being
19 additional to all other taxes by a vote of the people of the
20 municipality.
21 (f) The county clerk of the county in which any such
22 municipality is located, in reducing tax levies shall not
23 consider any such tax as a part of the general tax levy for
24 municipality purposes, and shall not include the same in the
25 limitation of any other tax rate which may be extended.
26 (g) The amount of the tax to be levied in any year
27 shall, within the limits herein prescribed, be determined by
28 the governing body of the respective municipality.
29 (h) The revenue derived from any such tax levy shall be
30 used only for the purposes specified in this Article, and, as
31 collected, shall be paid to the treasurer of the municipality
32 levying the tax. Monies received by a county treasurer for
33 use in making contributions to a consolidated educational
34 service region for its municipality contributions shall be
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1 held by him for that purpose and paid to the region in the
2 same manner as other monies appropriated for the expense of
3 the region.
4 (Source: P.A. 89-329, eff. 8-17-95.)
5 (40 ILCS 5/8-138) (from Ch. 108 1/2, par. 8-138)
6 Sec. 8-138. Minimum annuities - Additional provisions.
7 (a) An employee who withdraws after age 65 or more with
8 at least 20 years of service, for whom the amount of age and
9 service and prior service annuity combined is less than the
10 amount stated in this Section, shall from the date of
11 withdrawal, instead of all annuities otherwise provided, be
12 entitled to receive an annuity for life of $150 a year, plus
13 1 1/2% for each year of service, to and including 20 years,
14 and 1 2/3% for each year of service over 20 years, of his
15 highest average annual salary for any 4 consecutive years
16 within the last 10 years of service immediately preceding the
17 date of withdrawal.
18 An employee who withdraws after 20 or more years of
19 service, before age 65, shall be entitled to such annuity, to
20 begin not earlier than upon attained age of 55 years if under
21 such age at withdrawal, reduced by 2% for each full year or
22 fractional part thereof that his attained age is less than
23 65, plus an additional 2% reduction for each full year or
24 fractional part thereof that his attained age when annuity is
25 to begin is less than 60 so that the total reduction at age
26 55 shall be 30%.
27 (b) An employee who withdraws after July 1, 1957, at age
28 60 or over, with 20 or more years of service, for whom the
29 age and service and prior service annuity combined, is less
30 than the amount stated in this paragraph, shall, from the
31 date of withdrawal, instead of such annuities, be entitled to
32 receive an annuity for life equal to 1 2/3% for each year of
33 service, of the highest average annual salary for any 5
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1 consecutive years within the last 10 years of service
2 immediately preceding the date of withdrawal; provided, that
3 in the case of any employee who withdraws on or after July 1,
4 1971, such employee age 60 or over with 20 or more years of
5 service, shall receive an annuity for life equal to 1.67% for
6 each of the first 10 years of service; 1.90% for each of the
7 next 10 years of service; 2.10% for each year of service in
8 excess of 20 but not exceeding 30; and 2.30% for each year of
9 service in excess of 30, based on the highest average annual
10 salary for any 4 consecutive years within the last 10 years
11 of service immediately preceding the date of withdrawal.
12 An employee who withdraws after July 1, 1957 and before
13 January 1, 1988, with 20 or more years of service, before age
14 60 years is entitled to annuity, to begin not earlier than
15 upon attained age of 55 years, if under such age at
16 withdrawal, as computed in the last preceding paragraph,
17 reduced 0.25% for each full month or fractional part thereof
18 that his attained age when annuity is to begin is less than
19 60 if the employee was born before January 1, 1936, or 0.5%
20 for each such month if the employee was born on or after
21 January 1, 1936.
22 Any employee born before January 1, 1936, who withdraws
23 with 20 or more years of service, and any employee with 20 or
24 more years of service who withdraws on or after January 1,
25 1988, may elect to receive, in lieu of any other employee
26 annuity provided in this Section, an annuity for life equal
27 to 1.80% for each of the first 10 years of service, 2.00% for
28 each of the next 10 years of service, 2.20% for each year of
29 service in excess of 20 but not exceeding 30, and 2.40% for
30 each year of service in excess of 30, of the highest average
31 annual salary for any 4 consecutive years within the last 10
32 years of service immediately preceding the date of
33 withdrawal, to begin not earlier than upon attained age of 55
34 years, if under such age at withdrawal, reduced 0.25% for
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1 each full month or fractional part thereof that his attained
2 age when annuity is to begin is less than 60; except that an
3 employee retiring on or after January 1, 1988, at age 55 or
4 over but less than age 60, having at least 35 years of
5 service, or an employee retiring on or after July 1, 1990, at
6 age 55 or over but less than age 60, having at least 30 years
7 of service, or an employee retiring on or after the effective
8 date of this amendatory Act of 1997, at age 55 or over but
9 less than age 60, having at least 25 years of service, shall
10 not be subject to the reduction in retirement annuity because
11 of retirement below age 60.
12 However, in the case of an employee who retired on or
13 after January 1, 1985 but before January 1, 1988, at age 55
14 or older and with at least 35 years of service, and who was
15 subject under this subsection (b) to the reduction in
16 retirement annuity because of retirement below age 60, that
17 reduction shall cease to be effective January 1, 1991, and
18 the retirement annuity shall be recalculated accordingly.
19 Any employee who withdraws on or after July 1, 1990, with
20 20 or more years of service, may elect to receive, in lieu of
21 any other employee annuity provided in this Section, an
22 annuity for life equal to 2.20% for each year of service of
23 the highest average annual salary for any 4 consecutive years
24 within the last 10 years of service immediately preceding the
25 date of withdrawal, to begin not earlier than upon attained
26 age of 55 years, if under such age at withdrawal, reduced
27 0.25% for each full month or fractional part thereof that his
28 attained age when annuity is to begin is less than 60; except
29 that an employee retiring at age 55 or over but less than age
30 60, having at least 30 years of service, shall not be subject
31 to the reduction in retirement annuity because of retirement
32 below age 60.
33 Any employee who withdraws on or after the effective date
34 of this amendatory Act of 1997 with 20 or more years of
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1 service may elect to receive, in lieu of any other employee
2 annuity provided in this Section, an annuity for life equal
3 to 2.20%, for each year of service, of the highest average
4 annual salary for any 4 consecutive years within the last 10
5 years of service immediately preceding the date of
6 withdrawal, to begin not earlier than upon attainment of age
7 55 (age 50 if the employee has at least 30 years of service),
8 reduced 0.25% for each full month or remaining fractional
9 part thereof that the employee's attained age when annuity is
10 to begin is less than 60; except that an employee retiring at
11 age 50 or over with at least 30 years of service or at age 55
12 or over with at least 25 years of service shall not be
13 subject to the reduction in retirement annuity because of
14 retirement below age 60.
15 The maximum annuity payable under part (a) and (b) of
16 this Section shall not exceed 70% of highest average annual
17 salary in the case of an employee who withdraws prior to July
18 1, 1971, and 75% if withdrawal takes place on or after July
19 1, 1971. For the purpose of the minimum annuity provided in
20 this Section $1,500 is considered the minimum annual salary
21 for any year; and the maximum annual salary for the
22 computation of such annuity is $4,800 for any year before
23 1953, $6000 for the years 1953 to 1956, inclusive, and the
24 actual annual salary, as salary is defined in this Article,
25 for any year thereafter.
26 To preserve rights existing on December 31, 1959, for
27 participants and contributors on that date to the fund
28 created by the Court and Law Department Employees' Annuity
29 Act, who became participants in the fund provided for on
30 January 1, 1960, the maximum annual salary to be considered
31 for such persons for the years 1955 and 1956 is $7,500.
32 (c) For an employee receiving disability benefit, his
33 salary for annuity purposes under paragraphs (a) and (b) of
34 this Section, for all periods of disability benefit
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1 subsequent to the year 1956, is the amount on which his
2 disability benefit was based.
3 (d) An employee with 20 or more years of service, whose
4 entire disability benefit credit period expires before
5 attainment of age 55 while still disabled for service, is
6 entitled upon withdrawal to the larger of (1) the minimum
7 annuity provided above, assuming he is then age 55, and
8 reducing such annuity to its actuarial equivalent as of his
9 attained age on such date or (2) the annuity provided from
10 his age and service and prior service annuity credits.
11 (e) The minimum annuity provisions do not apply to any
12 former municipal employee receiving an annuity from the fund
13 who re-enters service as a municipal employee, unless he
14 renders at least 3 years of additional service after the date
15 of re-entry.
16 (f) An employee in service on July 1, 1947, or who
17 became a contributor after July 1, 1947 and before attainment
18 of age 70, who withdraws after age 65, with less than 20
19 years of service for whom the annuity has been fixed under
20 this Article shall, instead of the annuity so fixed, receive
21 an annuity as follows:
22 Such amount as he could have received had the accumulated
23 amounts for annuity been improved with interest at the
24 effective rate to the date of his withdrawal, or to
25 attainment of age 70, whichever is earlier, and had the city
26 contributed to such earlier date for age and service annuity
27 the amount that it would have contributed had he been under
28 age 65, after the date his annuity was fixed in accordance
29 with this Article, and assuming his annuity were computed
30 from such accumulations as of his age on such earlier date.
31 The annuity so computed shall not exceed the annuity which
32 would be payable under the other provisions of this Section
33 if the employee was credited with 20 years of service and
34 would qualify for annuity thereunder.
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1 (g) Instead of the annuity provided in this Article, an
2 employee having attained age 65 with at least 15 years of
3 service who withdraws from service on or after July 1, 1971
4 and whose annuity computed under other provisions of this
5 Article is less than the amount provided under this
6 paragraph, is entitled to a minimum annuity for life equal to
7 1% of the highest average annual salary, as salary is defined
8 and limited in this Section for any 4 consecutive years
9 within the last 10 years of service for each year of service,
10 plus the sum of $25 for each year of service. The annuity
11 shall not exceed 60% of such highest average annual salary.
12 (h) The minimum annuities provided under this Section
13 shall be paid in equal monthly installments.
14 (i) The amendatory provisions of part (b) and (g) of
15 this Section shall be effective July 1, 1971 and apply in the
16 case of every qualifying employee withdrawing on or after
17 July 1, 1971.
18 (j) The amendatory provisions of this amendatory Act of
19 1985 (P.A. 84-23) relating to the discount of annuity because
20 of retirement prior to attainment of age 60, and to the
21 retirement formula, for those born before January 1, 1936,
22 shall apply only to qualifying employees withdrawing on or
23 after July 18, 1985.
24 (k) Beginning on the effective date of this amendatory
25 Act of 1997 January 1, 1991, the minimum amount of employee's
26 annuity shall be $550 $350 per month for life for the
27 following classes of employees, without regard to the fact
28 that withdrawal occurred prior to the effective date of this
29 amendatory Act of 1997 January 1, 1991:
30 (1) any employee annuitant alive and receiving a
31 life annuity on the effective date of this amendatory Act
32 of 1997 January 1, 1991, except a reciprocal annuity;
33 (2) any employee annuitant alive and receiving a
34 term annuity on the effective date of this amendatory Act
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1 of 1997 January 1, 1991, except a reciprocal annuity;
2 (3) any employee annuitant alive and receiving a
3 reciprocal annuity on the effective date of this
4 amendatory Act of 1997 January 1, 1991, whose service in
5 this fund is at least 5 years;
6 (4) any employee annuitant withdrawing after age 60
7 on or after the effective date of this amendatory Act of
8 1997 January 1, 1991, with at least 10 years of service
9 in this fund.
10 The increases granted under items (1), (2) and (3) of
11 this subsection (k) shall not be limited by any other Section
12 of this Act.
13 (Source: P.A. 85-964; 86-1488.)
14 (40 ILCS 5/8-138.3 new)
15 Sec. 8-138.3. Early retirement incentive.
16 (a) To be eligible for the benefits provided in this
17 Section, an employee must:
18 (1) be a current contributor to the Fund who, on
19 November 1, 1997, is (i) in active payroll status as an
20 employee or (ii) receiving ordinary or duty disability
21 benefits under Section 8-160 or 8-161;
22 (2) have not previously retired under this Article;
23 (3) file with the Board before June 1, 1998, a
24 written application requesting the benefits provided in
25 this Section;
26 (4) withdraw from service on or after December 31,
27 1997 and on or before June 30, 1998; and
28 (5) by the date of withdrawal: (i) have attained
29 age 55 with at least 10 years of creditable service in
30 this Fund and a total of at least 15 years of creditable
31 service in one or more of the participating systems under
32 the Retirement Systems Reciprocal Act, without including
33 any creditable service established under this Section; or
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1 (ii) have attained age 50 with at least 10 years of
2 creditable service in this Fund and a total of at least
3 30 years of creditable service in one or more of the
4 participating systems under the Retirement Systems
5 Reciprocal Act, without including any creditable service
6 established under this Section.
7 A person is not eligible for the benefits provided in
8 this Section if the person (i) elects to receive the
9 alternative annuity for city officers under Section 8-243.2,
10 or (ii) elects to receive a retirement annuity calculated
11 under the alternative formula formerly set forth in Section
12 20-122.
13 (b) An eligible employee may establish up to 5 years of
14 creditable service under this Section, in increments of one
15 month, by making the contributions specified in subsection
16 (d). An eligible person must establish at least the amount
17 of creditable service necessary to bring his or her total
18 creditable service, including service in this Fund, service
19 established under this Section, and service in any of the
20 other participating systems under the Retirement Systems
21 Reciprocal Act, to a minimum of 20 years.
22 The creditable service under this Section may be used for
23 all purposes under this Article and the Retirement Systems
24 Reciprocal Act, except for the computation of average annual
25 salary and the determination of salary, earnings, or
26 compensation under this or any other Article of this Code.
27 (c) An eligible employee shall be entitled to have his
28 or her retirement annuity calculated in accordance with the
29 formula provided in Section 8-138, but with the following
30 exceptions:
31 (1) The annuity shall not be subject to reduction
32 because of withdrawal or commencement of the annuity
33 before attainment of age 60.
34 (2) The annuity shall be subject to a maximum of
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1 80% of the employee's highest average annual salary for
2 any 4 consecutive years within the last 10 years of
3 service, rather than the 75% maximum otherwise provided
4 in Section 8-138.
5 (d) For each month of creditable service established
6 under this Section, the employee must pay to the Fund an
7 employee contribution, to be calculated by the Fund, equal to
8 4.25% of the member's monthly salary rate on November 1,
9 1997. The employee may elect to pay the entire contribution
10 before the retirement annuity commences, or to have it
11 deducted from the annuity over a period not longer than 24
12 months. If the retired employee dies before the contribution
13 has been paid in full, the unpaid installments may be
14 deducted from any annuity or other benefit payable to the
15 employee's survivors.
16 All employee contributions paid under this Section shall
17 be deemed contributions made by employees for annuity
18 purposes under Section 8-173, and shall be made and credited
19 to a special reserve, without interest. Employee
20 contributions paid under this Section may be refunded under
21 the same terms and conditions as are applicable to other
22 employee contributions for retirement annuity.
23 (e) Notwithstanding Section 8-165, an annuitant who
24 reenters service under this Article after receiving a
25 retirement annuity based on benefits provided under this
26 Section thereby forfeits the right to continue to receive
27 those benefits, and shall have his or her retirement annuity
28 recalculated at the appropriate time without the benefits
29 provided in this Section.
30 (40 ILCS 5/8-150.1) (from Ch. 108 1/2, par. 8-150.1)
31 Sec. 8-150.1. Minimum annuities for widows. The widow
32 (otherwise eligible for widow's annuity under other Sections
33 of this Article 8) of an employee hereinafter described, who
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1 retires from service or dies while in the service subsequent
2 to the effective date of this amendatory provision, and for
3 which widow the amount of widow's annuity and widow's prior
4 service annuity combined, fixed or provided for such widow
5 under other provisions of this Article is less than the
6 amount provided in this Section, shall, from and after the
7 date her otherwise provided annuity would begin, in lieu of
8 such otherwise provided widow's and widow's prior service
9 annuity, be entitled to the following indicated amount of
10 annuity:
11 (a) The widow of any employee who dies while in service
12 on or after the date on which he attains age 60 if the death
13 occurs before July 1, 1990, or on or after the date on which
14 he attains age 55 if the death occurs on or after July 1,
15 1990, with at least 20 years of service, or on or after the
16 date on which he attains age 50 if the death occurs on or
17 after the effective date of this amendatory Act of 1997 with
18 at least 30 years of service, shall be entitled to an annuity
19 equal to one-half of the amount of annuity which her deceased
20 husband would have been entitled to receive had he withdrawn
21 from the service on the day immediately preceding the date of
22 his death, conditional upon such widow having attained the
23 age of 60 or more years on such date if the death occurs
24 before July 1, 1990, or age 55 or more if the death occurs on
25 or after July 1, 1990. Except as provided in subsection (k),
26 this such amount of widow's annuity shall not, however,
27 exceed the sum of $500 a month if the employee's death in
28 service occurs before January 23, 1987. The widow's annuity
29 shall not be limited to a maximum dollar amount if the
30 employee's death in service occurs on or after January 23,
31 1987.
32 If the employee dies in service before July 1, 1990, and
33 if such widow of such described employee shall not be 60 or
34 more years of age on such date of death, the amount provided
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1 in the immediately preceding paragraph for a widow 60 or more
2 years of age, shall, in the case of such younger widow, be
3 reduced by 0.25% for each month that her then attained age is
4 less than 60 years if the employee was born before January 1,
5 1936 or dies in service on or after January 1, 1988, or by
6 0.5% for each month that her then attained age is less than
7 60 years if the employee was born on or after July 1, 1936
8 and dies in service before January 1, 1988.
9 If the employee dies in service on or after July 1, 1990,
10 and if the widow of the employee has not attained age 55 on
11 or before the employee's date of death, the amount otherwise
12 provided in this subsection (a) shall be reduced by 0.25% for
13 each month that her then attained age is less than 55 years.
14 (b) The widow of any employee who dies subsequent to the
15 date of his retirement on annuity, and who so retired on or
16 after the date on which he attained the age of 60 or more
17 years if retirement occurs before July 1, 1990, or on or
18 after the date on which he attained age 55 if retirement
19 occurs on or after July 1, 1990, with at least 20 years of
20 service, or on or after the date on which he attained age 50
21 if the retirement occurs on or after the effective date of
22 this amendatory Act of 1997 with at least 30 years of
23 service, shall be entitled to an annuity equal to one-half of
24 the amount of annuity which her deceased husband received as
25 of the date of his retirement on annuity, conditional upon
26 such widow having attained the age of 60 or more years on the
27 date of her husband's retirement on annuity if retirement
28 occurs before July 1, 1990, or age 55 or more if retirement
29 occurs on or after July 1, 1990. Except as provided in
30 subsection (k), this such amount of widow's annuity shall
31 not, however, exceed the sum of $500 a month if the
32 employee's death occurs before January 23, 1987. The widow's
33 annuity shall not be limited to a maximum dollar amount if
34 the employee's death occurs on or after January 23, 1987,
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1 regardless of the date of retirement; provided that, if
2 retirement was before January 23, 1987, the employee or
3 eligible spouse repays the excess spouse refund with interest
4 at the effective rate from the date of refund to the date of
5 repayment.
6 If the date of the employee's retirement on annuity is
7 before July 1, 1990, and if such widow of such described
8 employee shall not have attained such age of 60 or more years
9 on such date of her husband's retirement on annuity, the
10 amount provided in the immediately preceding paragraph for a
11 widow 60 or more years of age on the date of her husband's
12 retirement on annuity, shall, in the case of such then
13 younger widow, be reduced by 0.25% for each month that her
14 then attained age was less than 60 years if the employee was
15 born before January 1, 1936 or withdraws from service on or
16 after January 1, 1988, or by 0.5% for each month that her
17 then attained age is less than 60 years if the employee was
18 born on or after January 1, 1936 and withdraws from service
19 before January 1, 1988.
20 If the date of the employee's retirement on annuity is on
21 or after July 1, 1990, and if the widow of the employee has
22 not attained age 55 by the date of the employee's retirement
23 on annuity, the amount otherwise provided in this subsection
24 (b) shall be reduced by 0.25% for each month that her then
25 attained age is less than 55 years.
26 (c) The foregoing provisions relating to minimum
27 annuities for widows shall not apply to the widow of any
28 former municipal employee receiving an annuity from the fund
29 on August 9, 1965 or on the effective date of this amendatory
30 provision, who re-enters service as a municipal employee,
31 unless such employee renders at least 3 years of additional
32 service after the date of re-entry.
33 (d) In computing the amount of annuity which the husband
34 specified in the foregoing paragraphs (a) and (b) of this
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1 Section would have been entitled to receive, or received,
2 such amount shall be the annuity to which such husband would
3 have been, or was entitled, before reduction in the amount of
4 his annuity for the purposes of the voluntary optional
5 reversionary annuity provided for in Sec. 8-139 of this
6 Article, if such option was elected.
7 (e) (Blank). The amendatory provisions of part (a) and
8 (b) of this Section (increasing the maximum from $300 to $400
9 a month) shall be effective as of July 1, 1971, and apply in
10 the case of every qualifying widow whose husband dies while
11 in service on or after July 1, 1971 or withdraws and enters
12 on annuity on or after July 1, 1971.
13 (f) (Blank). The amendments of part (a) and (b) of this
14 Section by this amendatory Act of 1983 (increasing the
15 maximum from $400 to $500 a month) shall be effective as of
16 January 1, 1984 and shall apply in the case of every
17 qualifying widow whose husband dies while in the service on
18 or after January 1, 1984, or withdraws and enters on annuity
19 on or after January 1, 1984.
20 (g) The amendatory provisions of this amendatory Act of
21 1985 relating to annuity discount because of age for widows
22 of employees born before January 1, 1936, shall apply only to
23 qualifying widows of employees withdrawing or dying in
24 service on or after July 18, 1985.
25 (h) Beginning on the effective date of this amendatory
26 Act of 1997 January 1, 1991, the minimum amount of widow's
27 annuity shall be $500 $300 per month for life for the
28 following classes of widows, without regard to the fact that
29 the death of the employee occurred prior to the effective
30 date of this amendatory Act of 1997 January 1, 1991:
31 (1) any widow annuitant alive and receiving a life
32 annuity on the effective date of this amendatory Act of
33 1997 January 1, 1991, except a reciprocal annuity;
34 (2) any widow annuitant alive and receiving a term
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1 annuity on the effective date of this amendatory Act of
2 1997 January 1, 1991, except a reciprocal annuity;
3 (3) any widow annuitant alive and receiving a
4 reciprocal annuity on the effective date of this
5 amendatory Act of 1997 January 1, 1991, whose employee
6 spouse's service in this fund was at least 5 years;
7 (4) the widow of an employee with at least 10 years
8 of service in this fund who dies after retirement, if the
9 retirement occurred prior to the effective date of this
10 amendatory Act of 1997 January 1, 1991;
11 (5) the widow of an employee with at least 10 years
12 of service in this fund who dies after retirement, if
13 withdrawal occurs on or after the effective date of this
14 amendatory Act of 1997 January 1, 1991;
15 (6) the widow of an employee who dies in service
16 with at least 5 years of service in this fund, if the
17 death in service occurs on or after the effective date of
18 this amendatory Act of 1997 January 1, 1991.
19 The increases granted under items (1), (2), (3) and (4)
20 of this subsection (h) shall not be limited by any other
21 Section of this Act.
22 (i) The widow of an employee who retired or died in
23 service on or after January 1, 1985 and before July 1, 1990,
24 at age 55 or older, and with at least 35 years of service
25 credit, shall be entitled to have her widow's annuity
26 increased, effective January 1, 1991, to an amount equal to
27 50% of the retirement annuity that the deceased employee
28 received on the date of retirement, or would have been
29 eligible to receive if he had retired on the day preceding
30 the date of his death in service, provided that if the widow
31 had not attained age 60 by the date of the employee's
32 retirement or death in service, the amount of the annuity
33 shall be reduced by 0.25% for each month that her then
34 attained age was less than age 60 if the employee's
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1 retirement or death in service occurred on or after January
2 1, 1988, or by 0.5% for each month that her attained age is
3 less than age 60 if the employee's retirement or death in
4 service occurred prior to January 1, 1988. However, in cases
5 where a refund of excess contributions for widow's annuity
6 has been paid by the Fund, the increase in benefit provided
7 by this subsection (i) shall be contingent upon repayment of
8 the refund to the Fund with interest at the effective rate
9 from the date of refund to the date of payment.
10 (j) If a deceased employee is receiving a retirement
11 annuity at the time of death and that death occurs on or
12 after the effective date of this amendatory Act of 1997, the
13 widow may elect to receive, in lieu of any other annuity
14 provided under this Article, 50% of the deceased employee's
15 retirement annuity at the time of death reduced by 0.25% for
16 each month that the widow's age on the date of death is less
17 than 55. However, in cases where a refund of excess
18 contributions for widow's annuity has been paid by the Fund,
19 the benefit provided by this subsection (j) is contingent
20 upon repayment of the refund to the Fund with interest at the
21 effective rate from the date of refund to the date of
22 payment.
23 (k) For widows of employees who died before January 23,
24 1987 after retirement on annuity or in service, the maximum
25 dollar amount limitation on widow's annuity shall cease to
26 apply, beginning with the first annuity payment after the
27 effective date of this amendatory Act of 1997; except that if
28 a refund of excess contributions for widow's annuity has been
29 paid by the Fund, the increase resulting from this subsection
30 (k) shall not begin before the refund has been repaid to the
31 Fund, together with interest at the effective rate from the
32 date of the refund to the date of repayment.
33 (Source: P.A. 85-964; 86-1488.)
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1 (40 ILCS 5/8-154) (from Ch. 108 1/2, par. 8-154)
2 Sec. 8-154. Maximum annuities.
3 (1) The annuities to an employee and his widow, are
4 subject to the following limitations:
5 (a) No age and service annuity, or age and service and
6 prior service annuity combined, in excess of 60% of the
7 highest salary of an employee, and no minimum annuity in
8 excess of the amount provided in Section 8-138 or set forth
9 as a maximum in any other Section of this Code relating to
10 minimum annuities for municipal employees included under
11 Article 8 of this Code shall be payable to any employee -
12 excepting to the extent that the annuity may exceed such per
13 cent or amount under Section 8-137 and 8-137.1 providing for
14 automatic increases after retirement.
15 (b) No annuity in excess of 60% of such highest salary
16 shall be payable to a widow if death of an employee results
17 solely from injury incurred in the performance of an act of
18 duty; provided, the annuity for a widow, or a widow's annuity
19 plus compensation annuity, shall not exceed $500 per month if
20 the employee's death occurs before January 23, 1987, except
21 as provided in paragraph (d). The widow's annuity, or a
22 widow's annuity plus compensation annuity, shall not be
23 limited to a maximum dollar amount if the employee's death
24 occurs on or after January 23, 1987, regardless of the date
25 of injury.
26 (c) No annuity in excess of 50% of such highest salary
27 shall be payable to a widow in the case of death resulting in
28 whole or in part from any cause other than injury incurred in
29 the performance of an act of duty; provided, the annuity for
30 a widow, or a widow's annuity plus supplemental annuity,
31 shall not exceed $500 per month if the employee's death
32 occurs before January 23, 1987, except as provided in
33 paragraph (d). The widow's annuity, or widow's annuity plus
34 supplemental annuity, shall not be limited to a maximum
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1 dollar amount if the employee's death occurs on or after
2 January 23, 1987.
3 (d) For widows of employees who died before January 23,
4 1987 after retirement on annuity or in service, the maximum
5 dollar amount limitation on widow's annuity (or widow's
6 annuity plus compensation or supplemental annuity) shall
7 cease to apply, beginning with the first annuity payment
8 after the effective date of this amendatory Act of 1997;
9 except that if a refund of excess contributions for widow's
10 annuity has been paid by the Fund, the increase resulting
11 from this paragraph (d) shall not begin before the refund has
12 been repaid to the Fund, together with interest at the
13 effective rate from the date of the refund to the date of
14 repayment.
15 (2) If when an employee's annuity is fixed, the amount
16 accumulated to his credit therefor, as of his age at such
17 time exceeds the amount necessary for the annuity, all
18 contributions for annuity purposes after the date on which
19 the accumulated sums to the credit of such employee for
20 annuity purposes would first have provided such employee with
21 such amount of annuity as of his age at such date shall be
22 refunded when he enters upon annuity, with interest at the
23 effective rate.
24 If the aforesaid annuity so fixed is not payable, but a
25 larger amount is payable as a minimum annuity, such refund
26 shall be reduced by 5/12 of the value of the difference in
27 the annuity payable and the amount theretofore fixed, as the
28 value of such difference may be at the date and as of the age
29 of the employee when his annuity is granted; provided that if
30 the employee was credited with city contributions for any
31 period for which he made no contribution, or a contribution
32 of less than 3 1/4% of salary, a further reduction in the
33 refund shall be made by the equivalent of what he would have
34 contributed during such period less his actual contributions,
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1 had the rate of employee contributions in force on the
2 effective date been in effect throughout his entire service,
3 prior to such effective date, with interest computed on such
4 amounts at the effective rate.
5 (3) If at the time the annuity for a wife is fixed, the
6 employee's credit for a widow's annuity exceeds that
7 necessary to provide such an annuity equal to the maximum
8 annuity provided in this section, all employee contributions
9 for such annuity, for service after the date on which the
10 accumulated sums to the credit of such employee for the
11 purpose of providing widow's annuity would first have
12 provided such widow with such amount of annuity, if such
13 annuity were computed on the basis of the Combined Annuity
14 Mortality Table with interest at 3% per annum with ages at
15 date of determination taken as specified in this Article,
16 shall be refunded to the employee, with interest at the
17 effective rate. If the employee was credited with city
18 contributions for widow's annuity for any service prior to
19 the effective date, any amount so refundable, shall be
20 reduced by the equivalent of what he would have contributed,
21 had his contributions for widow's annuity been made at the
22 rate of 1% throughout his entire service, prior to the
23 effective date, with interest on such amounts at the
24 effective rate.
25 (4) If at the death of an employee prior to age 65, the
26 credit for widow's annuity exceeds that necessary to provide
27 the maximum annuity prescribed in this section, all employee
28 contributions for annuity purposes, for service after the
29 date on which the accumulated sums to the credit of such
30 employee for the purpose of providing such maximum annuity
31 for the widow would first have provided such widow with such
32 amount of annuity, if such annuity were computed on the basis
33 of the Combined Annuity Mortality Table with interest at 3%
34 per annum with ages at date of determination taken as
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1 specified in this Article, shall be refunded to the widow,
2 with interest at the effective rate.
3 If the employee was credited with city contributions for
4 any period of service during which he was not required to
5 make a contribution, or made a contribution of less than 3
6 1/4% of salary, the refund shall be reduced by the equivalent
7 of the contributions he would have made during such period,
8 less any amount he contributed, had the rate of employee
9 contributions in effect on the effective date been in force
10 throughout his entire service, prior to the effective date,
11 with interest on such amounts at the effective rate; provided
12 that if the employee was credited with city contributions for
13 widow's annuity for any service prior to the effective date,
14 any amount so refundable shall be further reduced by the
15 equivalent of what would have contributed had he made
16 contributions for widow's annuity at the rate of 1%
17 throughout his entire service; prior to such effective date,
18 with interest on such amounts at the effective rate.
19 (d) The amendatory provisions of part 1, paragraphs (b)
20 and (c) of this Section (increasing the maximum from $300 to
21 $400 a month) shall be effective as of July 1, 1971, and
22 apply in the case of every qualifying widow whose husband
23 dies while in service on or after July 1, 1971 or withdraws
24 and enters on annuity on or after July 1, 1971.
25 (e) The amendments of part 1, paragraphs (b) and (c) of
26 this Section by this amendatory Act of 1983 (increasing the
27 maximum from $400 to $500 a month) shall be effective as of
28 January 1, 1984 and apply in the case of every qualifying
29 widow whose husband dies in the service on or after January
30 1, 1984 or withdraws and enters on annuity on or after
31 January 1, 1984.
32 (Source: P.A. 85-964.)
33 (40 ILCS 5/8-159) (from Ch. 108 1/2, par. 8-159)
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1 Sec. 8-159. Amount of child's annuity. Beginning on the
2 effective date of this amendatory Act of 1997 January 1,
3 1988, the amount of a child's annuity shall be $220 $120 per
4 month for each child while the spouse of the deceased
5 employee parent survives, and $250 $150 per month for each
6 child when no such spouse survives, and shall be subject to
7 the following limitations:
8 (1) If the combined annuities for the widow and children
9 of an employee whose death resulted from injury incurred in
10 the performance of duty, or for the children where a widow
11 does not exist, exceed 70% of the employee's final monthly
12 salary, the annuity for each child shall be reduced pro rata
13 so that the combined annuities for the family shall not
14 exceed such limitation.
15 (2) For the family of an employee whose death is the
16 result of any cause other than injury incurred in the
17 performance of duty, in which the combined annuities for the
18 family exceed 60% of the employee's final monthly salary, the
19 annuity for each child shall be reduced pro rata so that the
20 combined annuities for the family shall not exceed such
21 limitation.
22 (3) The increase in child's annuity provided by this
23 amendatory Act of 1997 1987 shall apply to all child's
24 annuities being paid on or after the effective date of this
25 amendatory Act of 1997. January 1, 1988, subject to The
26 above limitations on the combined annuities for a family in
27 parts (1) and (2) of this Section do not apply to families of
28 employees who died before the effective date of this
29 amendatory Act of 1997.
30 (4) The amendments to parts (1) and (2) of this Section
31 made by Public Act 84-1472 (eliminating the further
32 limitation that the monthly combined family amount shall not
33 exceed $500 plus 10% of the employee's final monthly salary)
34 shall apply in the case of every qualifying child whose
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1 employee parent dies in the service or enters on annuity on
2 or after January 23, 1987.
3 (Source: P.A. 85-964.)
4 (40 ILCS 5/8-226) (from Ch. 108 1/2, par. 8-226)
5 Sec. 8-226. Computation of service. In computing the
6 term of service of an employee prior to the effective date,
7 the entire period beginning on the date he was first
8 appointed and ending on the day before the effective date,
9 except any intervening period during which he was separated
10 by withdrawal from service, shall be counted for all purposes
11 of this Article, except that for any employee who was not in
12 service on the day before the effective date, service
13 rendered prior to such date shall not be considered for the
14 purposes of Section 8-138.
15 For a person employed by an employer for whom this
16 Article was in effect prior to January 1, 1950, from whose
17 salary deductions are first made under this Article after
18 December 31, 1949, any period of service rendered prior to
19 the effective date, unless he was in service on the day
20 before the effective date, shall not be counted as service.
21 The time a person was an employee of any territory
22 annexed to the city prior to the effective date shall be
23 counted as a period of service.
24 In computing the term of service of any employee
25 subsequent to the day before the effective date, the
26 following periods shall be counted as periods of service for
27 age and service, widow's and child's annuity purposes:
28 (a) The time during which he performed the duties
29 of his position;
30 (b) Vacations, leaves of absence with whole or part
31 pay, and leaves of absence without pay not longer than 90
32 days;
33 (c) Leaves of absence without pay during which a
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1 participant is employed full-time by a local labor
2 organization that represents municipal employees,
3 provided that (1) the participant continues to make
4 employee contributions to the Fund as though he were an
5 active employee, based on the regular salary rate
6 received by the participant for his municipal employment
7 immediately prior to such leave of absence (and in the
8 case of such employment prior to December 9, 1987, pays
9 to the Fund an amount equal to the employee contributions
10 for such employment plus regular interest thereon as
11 calculated by the board), and based on his current salary
12 with such labor organization after the effective date of
13 this amendatory Act of 1991, (2) after January 1, 1989
14 the participant, or the labor organization on the
15 participant's behalf, makes contributions to the Fund as
16 though it were the employer, in the same amount and same
17 manner as specified under this Article, based on the
18 regular salary rate received by the participant for his
19 municipal employment immediately prior to such leave of
20 absence, and based on his current salary with such labor
21 organization after the effective date of this amendatory
22 Act of 1991, and (3) the participant does not receive
23 credit in any pension plan established by the local labor
24 organization based on his employment by the organization;
25 (d) Any period of disability for which he received
26 (i) a disability benefit under this Article, or (ii) a
27 temporary total disability benefit under the Workers'
28 Compensation Act if the disability results from a
29 condition commonly termed heart attack or stroke or any
30 other condition falling within the broad field of
31 coronary involvement or heart disease, or (iii) whole or
32 part pay;
33 (e) Any period for which contributions and service
34 credit have been transferred to this Fund under
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1 subsection (d) of Section 9-121.1 or subsection (d) of
2 Section 12-127.1 of this Code.
3 For a person employed by an employer in which the 1921
4 Act was in effect prior to January 1, 1950, from whose salary
5 deductions are first made under the 1921 Act or this Article
6 after December 31, 1949, any period of service rendered
7 subsequent to the effective date and prior to the date he
8 became an employee and contributor, shall not be counted as a
9 period of service under this Article, except such period for
10 which he made payment as provided in Section 8-230 of this
11 Article, in which case such period shall be counted as a
12 period of service for all annuity purposes hereunder.
13 In computing the term of service of an employee
14 subsequent to the day before the effective date for ordinary
15 disability benefit purposes, all periods described in the
16 preceding paragraph, except any such period for which he
17 receives ordinary disability benefit, shall be counted as
18 periods of service; provided, that for any person employed by
19 an employer in which this Article was in effect prior to
20 January 1, 1950, from whose salary deductions are first made
21 under this Article after December 31, 1949, any period of
22 service rendered subsequent to the effective date and prior
23 to the date he became an employee and contributor, shall not
24 be counted as a period of service for ordinary disability
25 benefit purposes, unless the person made payment for the
26 period as provided in Section 8-230 of this Article, in which
27 case the period shall be counted as a period of service for
28 ordinary disability purposes for periods of disability on or
29 after the effective date of this amendatory Act of 1997.
30 Overtime or extra service shall not be included in
31 computing any term of service. Not more than 1 year of
32 service shall be allowed for service rendered during any
33 calendar year.
34 (Source: P.A. 86-272; 86-1488.)
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1 (40 ILCS 5/9-121.15 new)
2 Sec. 9-121.15. Transfer of credit from Article 14 system.
3 An employee shall be entitled to service credit in the Fund
4 for any creditable service transferred to this Fund from the
5 State Employees' Retirement System under Section 14-105.7 of
6 this Code. Credit under this Fund shall be granted upon
7 receipt by the Fund of the amounts required to be transferred
8 under Section 14-105.7; no additional contribution is
9 necessary.
10 (40 ILCS 5/9-220.1 new)
11 Sec. 9-220.1. Service of less than 15 days in one month.
12 A member of the General Assembly with service credit in the
13 Fund may establish service credit in the Fund for up to 24
14 months, during each of which he or she worked for at least
15 one but fewer than 15 days, by purchasing service credit for
16 the number of days needed to bring the total of days worked
17 in each such month up to 15. To establish this credit, the
18 member must pay to the Fund before January 1, 1998 an amount
19 equal to (1) employee contributions based on the number of
20 days for which credit is being purchased, the rate of
21 compensation received by the applicant for the time actually
22 worked during that month, and the rate of contribution in
23 effect for the applicant during that month; plus (2) an
24 amount representing employer contributions, equal to the
25 amount specified in item (1); plus (3) interest on the
26 amounts specified in items (1) and (2) at the rate of 6% per
27 annum, compounded annually, from the date of service to the
28 date of payment. This Section is not limited to persons in
29 service under this Article on or after the effective date of
30 this amendatory Act of 1997.
31 (40 ILCS 5/11-133.2 new)
32 Sec. 11-133.2. Early retirement incentive.
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1 (a) To be eligible for the benefits provided in this
2 Section, an employee must:
3 (1) be a current contributor to the Fund who, on
4 November 1, 1997, is (i) in active payroll status as an
5 employee or (ii) receiving ordinary or duty disability
6 benefits under Section 11-155 or 11-156;
7 (2) have not previously retired under this Article;
8 (3) file with the Board before June 1, 1998, a
9 written application requesting the benefits provided in
10 this Section;
11 (4) withdraw from service on or after December 31,
12 1997 and on or before June 30, 1998; and
13 (5) by the date of withdrawal: (i) have attained
14 age 55 with at least 10 years of creditable service in
15 this Fund and a total of at least 15 years of creditable
16 service in one or more of the participating systems under
17 the Retirement Systems Reciprocal Act, without including
18 any creditable service established under this Section; or
19 (ii) have attained age 50 with at least 10 years of
20 creditable service in this Fund and a total of at least
21 30 years of creditable service in one or more of the
22 participating systems under the Retirement Systems
23 Reciprocal Act, without including any creditable service
24 established under this Section.
25 A person is not eligible for the benefits provided in
26 this Section if the person elects to receive a retirement
27 annuity calculated under the alternative formula formerly set
28 forth in Section 20-122.
29 (b) An eligible employee may establish up to 5 years of
30 creditable service under this Section, in increments of one
31 month, by making the contributions specified in subsection
32 (d). An eligible person must establish at least the amount
33 of creditable service necessary to bring his or her total
34 creditable service, including service in this Fund, service
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1 established under this Section, and service in any of the
2 other participating systems under the Retirement Systems
3 Reciprocal Act, to a minimum of 20 years.
4 The creditable service under this Section may be used for
5 all purposes under this Article and the Retirement Systems
6 Reciprocal Act, except for the computation of average annual
7 salary and the determination of salary, earnings, or
8 compensation under this or any other Article of this Code.
9 (c) An eligible employee shall be entitled to have his
10 or her retirement annuity calculated in accordance with the
11 formula provided in Section 11-134, but with the following
12 exceptions:
13 (1) The annuity shall not be subject to reduction
14 because of withdrawal or commencement of the annuity
15 before attainment of age 60.
16 (2) The annuity shall be subject to a maximum of
17 80% of the employee's highest average annual salary for
18 any 4 consecutive years within the last 10 years of
19 service, rather than the 75% maximum otherwise provided
20 in Section 11-134.
21 (d) For each month of creditable service established
22 under this Section, the employee must pay to the Fund an
23 employee contribution, to be calculated by the Fund, equal to
24 4.25% of the member's monthly salary rate on November 1,
25 1997. The employee may elect to pay the entire contribution
26 before the retirement annuity commences, or to have it
27 deducted from the annuity over a period not longer than 24
28 months. If the retired employee dies before the contribution
29 has been paid in full, the unpaid installments may be
30 deducted from any annuity or other benefit payable to the
31 employee's survivors.
32 All employee contributions paid under this Section shall
33 be deemed contributions made by employees for annuity
34 purposes under Section 11-169 and shall be made and credited
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1 to a special reserve, without interest. Employee
2 contributions paid under this Section may be refunded under
3 the same terms and conditions as are applicable to other
4 employee contributions for retirement annuity.
5 (e) Notwithstanding Section 11-161, an annuitant who
6 reenters service under this Article after receiving a
7 retirement annuity based on benefits provided under this
8 Section thereby forfeits the right to continue to receive
9 those benefits, and shall have his or her retirement annuity
10 recalculated at the appropriate time without the benefits
11 provided in this Section.
12 (40 ILCS 5/11-134) (from Ch. 108 1/2, par. 11-134)
13 Sec. 11-134. Minimum annuities.
14 (a) An employee whose withdrawal occurs after July 1,
15 1957 at age 60 or over, with 20 or more years of service, (as
16 service is defined or computed in Section 11-216), for whom
17 the age and service and prior service annuity combined is
18 less than the amount stated in this section, shall, from and
19 after the date of withdrawal, in lieu of all annuities
20 otherwise provided in this Article, be entitled to receive an
21 annuity for life of an amount equal to 1 2/3% for each year
22 of service, of the highest average annual salary for any 5
23 consecutive years within the last 10 years of service
24 immediately preceding the date of withdrawal; provided, that
25 in the case of any employee who withdraws on or after July 1,
26 1971, such employee age 60 or over with 20 or more years of
27 service, shall be entitled to instead receive an annuity for
28 life equal to 1.67% for each of the first 10 years of
29 service; 1.90% for each of the next 10 years of service;
30 2.10% for each year of service in excess of 20 but not
31 exceeding 30; and 2.30% for each year of service in excess of
32 30, based on the highest average annual salary for any 4
33 consecutive years within the last 10 years of service
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1 immediately preceding the date of withdrawal.
2 An employee who withdraws after July 1, 1957 and before
3 January 1, 1988, with 20 or more years of service, before age
4 60, shall be entitled to an annuity, to begin not earlier
5 than age 55, if under such age at withdrawal, as computed in
6 the last preceding paragraph, reduced 0.25% if the employee
7 was born before January 1, 1936, or 0.5% if the employee was
8 born on or after January 1, 1936, for each full month or
9 fractional part thereof that his attained age when such
10 annuity is to begin is less than 60.
11 Any employee born before January 1, 1936 who withdraws
12 with 20 or more years of service, and any employee with 20 or
13 more years of service who withdraws on or after January 1,
14 1988, may elect to receive, in lieu of any other employee
15 annuity provided in this Section, an annuity for life equal
16 to 1.80% for each of the first 10 years of service, 2.00% for
17 each of the next 10 years of service, 2.20% for each year of
18 service in excess of 20, but not exceeding 30, and 2.40% for
19 each year of service in excess of 30, of the highest average
20 annual salary for any 4 consecutive years within the last 10
21 years of service immediately preceding the date of
22 withdrawal, to begin not earlier than upon attained age of 55
23 years, if under such age at withdrawal, reduced 0.25% for
24 each full month or fractional part thereof that his attained
25 age when annuity is to begin is less than 60; except that an
26 employee retiring on or after January 1, 1988, at age 55 or
27 over but less than age 60, having at least 35 years of
28 service, or an employee retiring on or after July 1, 1990, at
29 age 55 or over but less than age 60, having at least 30 years
30 of service, or an employee retiring on or after the effective
31 date of this amendatory Act of 1997, at age 55 or over but
32 less than age 60, having at least 25 years of service, shall
33 not be subject to the reduction in retirement annuity because
34 of retirement below age 60.
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1 However, in the case of an employee who retired on or
2 after January 1, 1985 but before January 1, 1988, at age 55
3 or older and with at least 35 years of service, and who was
4 subject under this subsection (a) to the reduction in
5 retirement annuity because of retirement below age 60, that
6 reduction shall cease to be effective January 1, 1991, and
7 the retirement annuity shall be recalculated accordingly.
8 Any employee who withdraws on or after July 1, 1990, with
9 20 or more years of service, may elect to receive, in lieu of
10 any other employee annuity provided in this Section, an
11 annuity for life equal to 2.20% for each year of service of
12 the highest average annual salary for any 4 consecutive years
13 within the last 10 years of service immediately preceding the
14 date of withdrawal, to begin not earlier than upon attained
15 age of 55 years, if under such age at withdrawal, reduced
16 0.25% for each full month or fractional part thereof that his
17 attained age when annuity is to begin is less than 60; except
18 that an employee retiring at age 55 or over but less than age
19 60, having at least 30 years of service, shall not be subject
20 to the reduction in retirement annuity because of retirement
21 below age 60.
22 Any employee who withdraws on or after the effective date
23 of this amendatory Act of 1997 with 20 or more years of
24 service may elect to receive, in lieu of any other employee
25 annuity provided in this Section, an annuity for life equal
26 to 2.20%, for each year of service, of the highest average
27 annual salary for any 4 consecutive years within the last 10
28 years of service immediately preceding the date of
29 withdrawal, to begin not earlier than upon attainment of age
30 55 (age 50 if the employee has at least 30 years of service),
31 reduced 0.25% for each full month or remaining fractional
32 part thereof that the employee's attained age when annuity is
33 to begin is less than 60; except that an employee retiring at
34 age 50 or over with at least 30 years of service or at age 55
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1 or over with at least 25 years of service shall not be
2 subject to the reduction in retirement annuity because of
3 retirement below age 60.
4 The maximum annuity payable under this paragraph (a) of
5 this Section shall not exceed 70% of highest average annual
6 salary in the case of an employee who withdraws prior to July
7 1, 1971, and 75% if withdrawal takes place on or after July
8 1, 1971. For the purpose of the minimum annuity provided in
9 said paragraphs $1,500 shall be considered the minimum annual
10 salary for any year; and the maximum annual salary to be
11 considered for the computation of such annuity shall be
12 $4,800 for any year prior to 1953, $6,000 for the years 1953
13 to 1956, inclusive, and the actual annual salary, as salary
14 is defined in this Article, for any year thereafter.
15 (b) For an employee receiving disability benefit, his
16 salary for annuity purposes under this section shall, for all
17 periods of disability benefit subsequent to the year 1956, be
18 the amount on which his disability benefit was based.
19 (c) An employee with 20 or more years of service, whose
20 entire disability benefit credit period expires prior to
21 attainment of age 55 while still disabled for service, shall
22 be entitled upon withdrawal to the larger of (1) the minimum
23 annuity provided above assuming that he is then age 55, and
24 reducing such annuity to its actuarial equivalent at his
25 attained age on such date, or (2) the annuity provided from
26 his age and service and prior service annuity credits.
27 (d) The minimum annuity provisions as aforesaid shall
28 not apply to any former employee receiving an annuity from
29 the fund, and who re-enters service as an employee, unless he
30 renders at least 3 years of additional service after the date
31 of re-entry.
32 (e) An employee in service on July 1, 1947, or who
33 became a contributor after July 1, 1947 and prior to July 1,
34 1950, or who shall become a contributor to the fund after
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1 July 1, 1950 prior to attainment of age 70, who withdraws
2 after age 65 with less than 20 years of service, for whom the
3 annuity has been fixed under the foregoing sections of this
4 Article shall, in lieu of the annuity so fixed, receive an
5 annuity as follows:
6 Such amount as he could have received had the accumulated
7 amounts for annuity been improved with interest at the
8 effective rate to the date of his withdrawal, or to
9 attainment of age 70, whichever is earlier, and had the city
10 contributed to such earlier date for age and service annuity
11 the amount that would have been contributed had he been under
12 age 65, after the date his annuity was fixed in accordance
13 with this Article, and assuming his annuity were computed
14 from such accumulations as of his age on such earlier date.
15 The annuity so computed shall not exceed the annuity which
16 would be payable under the other provisions of this section
17 if the employee was credited with 20 years of service and
18 would qualify for annuity thereunder.
19 (f) In lieu of the annuity provided in this or in any
20 other section of this Article, an employee having attained
21 age 65 with at least 15 years of service who withdraws from
22 service on or after July 1, 1971 and whose annuity computed
23 under other provisions of this Article is less than the
24 amount provided under this paragraph shall be entitled to
25 receive a minimum annual annuity for life equal to 1% of the
26 highest average annual salary for any 4 consecutive years
27 within the last 10 years of service immediately preceding
28 retirement for each year of his service plus the sum of $25
29 for each year of service. Such annual annuity shall not
30 exceed the maximum percentages stated under paragraph (a) of
31 this Section of such highest average annual salary.
32 (g) Any annuity payable under the preceding subsections
33 of this Section 11-134 shall be paid in equal monthly
34 installments.
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1 (h) The amendatory provisions of part (a) and (f) of
2 this Section shall be effective July 1, 1971 and apply in the
3 case of every qualifying employee withdrawing on or after
4 July 1, 1971.
5 (i) The amendatory provisions of this amendatory Act of
6 1985 relating to the discount of annuity because of
7 retirement prior to attainment of age 60 and increasing the
8 retirement formula for those born before January 1, 1936,
9 shall apply only to qualifying employees withdrawing on or
10 after August 16, 1985.
11 (j) Beginning on the effective date of this amendatory
12 Act of 1997 January 1, 1991, the minimum amount of employee's
13 annuity shall be $550 $350 per month for life for the
14 following classes of employees, without regard to the fact
15 that withdrawal occurred prior to the effective date of this
16 amendatory Act of 1997 January 1, 1991:
17 (1) any employee annuitant alive and receiving a
18 life annuity on the effective date of this amendatory Act
19 of 1997 January 1, 1991, except a reciprocal annuity;
20 (2) any employee annuitant alive and receiving a
21 term annuity on the effective date of this amendatory Act
22 of 1997 January 1, 1991, except a reciprocal annuity;
23 (3) any employee annuitant alive and receiving a
24 reciprocal annuity on the effective date of this
25 amendatory Act of 1997 January 1, 1991, whose service in
26 this fund is at least 5 years;
27 (4) any employee annuitant withdrawing after age 60
28 on or after the effective date of this amendatory Act of
29 1997 January 1, 1991, with at least 10 years of service
30 in this fund.
31 The increases granted under items (1), (2) and (3) of
32 this subsection (j) shall not be limited by any other Section
33 of this Act.
34 (Source: P.A. 85-964; 86-1488.)
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1 (40 ILCS 5/11-145.1) (from Ch. 108 1/2, par. 11-145.1)
2 Sec. 11-145.1. Minimum annuities for widows. The widow
3 otherwise eligible for widow's annuity under other Sections
4 of this Article 11, of an employee hereinafter described, who
5 retires from service or dies while in the service subsequent
6 to the effective date of this amendatory provision, and for
7 which widow the amount of widow's annuity and widow's prior
8 service annuity combined, fixed or provided for such widow
9 under other provisions of said Article 11 is less than the
10 amount hereinafter provided in this section, shall, from and
11 after the date her otherwise provided annuity would begin, in
12 lieu of such otherwise provided widow's and widow's prior
13 service annuity, be entitled to the following indicated
14 amount of annuity:
15 (a) The widow of any employee who dies while in service
16 on or after the date on which he attains age 60 if the death
17 occurs before July 1, 1990, or on or after the date on which
18 he attains age 55 if the death occurs on or after July 1,
19 1990, with at least 20 years of service, or on or after the
20 date on which he attains age 50 if the death occurs on or
21 after the effective date of this amendatory Act of 1997 with
22 at least 30 years of service, shall be entitled to an annuity
23 equal to one-half of the amount of annuity which her deceased
24 husband would have been entitled to receive had he withdrawn
25 from the service on the day immediately preceding the date of
26 his death, conditional upon such widow having attained age 60
27 on or before such date if the death occurs before July 1,
28 1990, or age 55 if the death occurs on or after July 1, 1990.
29 Except as provided in subsection (j), the widow's annuity
30 shall not, however, exceed the sum of $500 a month if the
31 employee's death in service occurs before January 23, 1987.
32 The widow's annuity shall not be limited to a maximum dollar
33 amount if the employee's death in service occurs on or after
34 January 23, 1987.
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1 If the employee dies in service before July 1, 1990, and
2 if such widow of such described employee shall not be 60 or
3 more years of age on such date of death, the amount provided
4 in the immediately preceding paragraph for a widow 60 or more
5 years of age, shall, in the case of such younger widow, be
6 reduced by 0.25% for each month that her then attained age is
7 less than 60 years if the employee was born before January 1,
8 1936, or dies in service on or after January 1, 1988, or 0.5%
9 for each month that her then attained age is less than 60
10 years if the employee was born on or after January 1, 1936
11 and dies in service before January 1, 1988.
12 If the employee dies in service on or after July 1, 1990,
13 and if the widow of the employee has not attained age 55 on
14 or before the employee's date of death, the amount otherwise
15 provided in this subsection (a) shall be reduced by 0.25% for
16 each month that her then attained age is less than 55 years.
17 (b) The widow of any employee who dies subsequent to the
18 date of his retirement on annuity, and who so retired on or
19 after the date on which he attained age 60 if retirement
20 occurs before July 1, 1990, or on or after the date on which
21 he attained age 55 if retirement occurs on or after July 1,
22 1990, with at least 20 years of service, or on or after the
23 date on which he attained age 50 if the retirement occurs on
24 or after the effective date of this amendatory Act of 1997
25 with at least 30 years of service, shall be entitled to an
26 annuity equal to one-half of the amount of annuity which her
27 deceased husband received as of the date of his retirement on
28 annuity, conditional upon such widow having attained age 60
29 on or before the date of her husband's retirement on annuity
30 if retirement occurs before July 1, 1990, or age 55 if
31 retirement occurs on or after July 1, 1990. Except as
32 provided in subsection (j), this Such amount of widow's
33 annuity shall not, however, exceed the sum of $500 a month if
34 the employee's death occurs before January 23, 1987. The
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1 widow's annuity shall not be limited to a maximum dollar
2 amount if the employee's death occurs on or after January 23,
3 1987, regardless of the date of retirement; provided that, if
4 retirement was before January 23, 1987, the employee or
5 eligible spouse repays the excess spouse refund with interest
6 at the effective rate from the date of refund to the date of
7 repayment.
8 If the date of the employee's retirement on annuity is
9 before July 1, 1990, and if such widow of such described
10 employee shall not have attained such age of 60 or more years
11 on such date of her husband's retirement on annuity, the
12 amount provided in the immediately preceding paragraph for a
13 widow 60 or more years of age on the date of her husband's
14 retirement on annuity, shall, in the case of such then
15 younger widow, be reduced by 0.25% for each month that her
16 then attained age was less than 60 years if the employee was
17 born before January 1, 1936, or withdraws from service on or
18 after January 1, 1988, or 0.5% for each month that her then
19 attained age was less than 60 years if the employee was born
20 on or after January 1, 1936 and withdraws from service before
21 January 1, 1988.
22 If the date of the employee's retirement on annuity is on
23 or after July 1, 1990, and if the widow of the employee has
24 not attained age 55 by the date of the employee's retirement
25 on annuity, the amount otherwise provided in this subsection
26 (b) shall be reduced by 0.25% for each month that her then
27 attained age is less than 55 years.
28 (c) The foregoing provisions relating to minimum
29 annuities for widows shall not apply to the widow of any
30 former employee receiving an annuity from the fund on August
31 2, 1965 or on the effective date of this amendatory
32 provision, who re-enters service as a former employee, unless
33 such employee renders at least 3 years of additional service
34 after the date of re-entry.
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1 (d) (Blank). The amendatory provisions of part (a) and
2 (b) of this Section (increasing the maximum from $300 to $400
3 a month) shall be effective as of July 1, 1971, and apply in
4 the case of every qualifying widow whose husband dies while
5 in service on or after July 1, 1971 and prior to January 1,
6 1984, or withdraws and enters on annuity on or after July 1,
7 1971 and prior to January 1, 1984.
8 (e) (Blank). The changes made in parts (a) and (b) of
9 this Section by this amendatory Act of 1983 (increasing the
10 maximum from $400 to $500 per month) shall apply to every
11 qualifying widow whose husband dies in the service on or
12 after January 1, 1984, or withdraws and enters on annuity on
13 or after January 1, 1984.
14 (f) The amendments to this Section by this amendatory
15 Act of 1985, relating to changing the discount because of age
16 from 1/2 of 1% to 0.25% per month for widows of employees
17 born before January 1, 1936, shall apply only to qualifying
18 widows whose husbands die while in the service on or after
19 August 16, 1985 or withdraw and enter on annuity on or after
20 August 16, 1985.
21 (g) Beginning on the effective date of this amendatory
22 Act of 1997 January 1, 1991, the minimum amount of widow's
23 annuity shall be $500 $300 per month for life for the
24 following classes of widows, without regard to the fact that
25 the death of the employee occurred prior to the effective
26 date of this amendatory Act of 1997 January 1, 1991:
27 (1) any widow annuitant alive and receiving a term
28 annuity on the effective date of this amendatory Act of
29 1997 January 1, 1991, except a reciprocal annuity;
30 (2) any widow annuitant alive and receiving a life
31 annuity on the effective date of this amendatory Act of
32 1997 January 1, 1991, except a reciprocal annuity;
33 (3) any widow annuitant alive and receiving a
34 reciprocal annuity on the effective date of this
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1 amendatory Act of 1997 January 1, 1991, whose employee
2 spouse's service in this fund was at least 5 years;
3 (4) the widow of an employee with at least 10 years
4 of service in this fund who dies after retirement, if the
5 retirement occurred prior to the effective date of this
6 amendatory Act of 1997 January 1, 1991;
7 (5) the widow of an employee with at least 10 years
8 of service in this fund who dies after retirement, if
9 withdrawal occurs on or after the effective date of this
10 amendatory Act of 1997 January 1, 1991;
11 (6) the widow of an employee who dies in service
12 with at least 5 years of service in this fund, if the
13 death in service occurs on or after the effective date of
14 this amendatory Act of 1997 January 1, 1991.
15 The increases granted under items (1), (2), (3) and (4)
16 of this subsection (g) shall not be limited by any other
17 Section of this Act.
18 (h) The widow of an employee who retired or died in
19 service on or after January 1, 1985 and before July 1, 1990,
20 at age 55 or older, and with at least 35 years of service
21 credit, shall be entitled to have her widow's annuity
22 increased, effective January 1, 1991, to an amount equal to
23 50% of the retirement annuity that the deceased employee
24 received on the date of retirement, or would have been
25 eligible to receive if he had retired on the day preceding
26 the date of his death in service, provided that if the widow
27 had not attained age 60 by the date of the employee's
28 retirement or death in service, the amount of the annuity
29 shall be reduced by 0.25% for each month that her then
30 attained age was less than age 60 if the employee's
31 retirement or death in service occurred on or after January
32 1, 1988, or by 0.5% for each month that her attained age is
33 less than age 60 if the employee's retirement or death in
34 service occurred prior to January 1, 1988. However, in cases
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1 where a refund of excess contributions for widow's annuity
2 has been paid by the Fund, the increase in benefit provided
3 by this subsection (h) (i) shall be contingent upon repayment
4 of the refund to the Fund with interest at the effective rate
5 from the date of refund to the date of payment.
6 (i) If a deceased employee is receiving a retirement
7 annuity at the time of death and that death occurs on or
8 after the effective date of this amendatory Act of 1997, the
9 widow may elect to receive, in lieu of any other annuity
10 provided under this Article, 50% of the deceased employee's
11 retirement annuity at the time of death reduced by 0.25% for
12 each month that the widow's age on the date of death is less
13 than 55. However, in cases where a refund of excess
14 contributions for widow's annuity has been paid by the Fund,
15 the benefit provided by this subsection (i) is contingent
16 upon repayment of the refund to the Fund with interest at the
17 effective rate from the date of refund to the date of
18 payment.
19 (j) For widows of employees who died before January 23,
20 1987 after retirement on annuity or in service, the maximum
21 dollar amount limitation on widow's annuity shall cease to
22 apply, beginning with the first annuity payment after the
23 effective date of this amendatory Act of 1997; except that if
24 a refund of excess contributions for widow's annuity has been
25 paid by the Fund, the increase resulting from this subsection
26 (j) shall not begin before the refund has been repaid to the
27 Fund, together with interest at the effective rate from the
28 date of the refund to the date of repayment.
29 (Source: P.A. 85-964; 86-1488.)
30 (40 ILCS 5/11-149) (from Ch. 108 1/2, par. 11-149)
31 Sec. 11-149. Maximum annuities.
32 (1) The annuities to an employee and his widow, are
33 subject to the following limitations:
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1 (a) No age and service annuity or age and service and
2 prior service annuity combined in excess of 60% of highest
3 salary of an employee and no minimum annuity in excess of the
4 annuity provided in Section 11-134 or set forth as a maximum
5 in any other Section of this Code relating to minimum
6 annuities for employees included under Article 11 of this
7 Code shall be payable to any employee excepting to the extent
8 that the annuity may exceed such per cent or amount under
9 Section 11-134.1 and 11-134.3 providing for automatic
10 increases after retirement.
11 (b) No annuity in excess of 60% of such highest salary
12 shall be payable to a widow if death of an employee resulted
13 from injury incurred in the performance of duty; provided,
14 the annuity to a widow, or a widow's annuity plus
15 compensation annuity shall not exceed $500 per month if the
16 employee's death occurs before January 23, 1987, except as
17 provided in paragraph (d). The widow's annuity, or a widow's
18 annuity plus compensation annuity, shall not be limited to a
19 maximum dollar amount if the employee's death occurs on or
20 after January 23, 1987, regardless of the date of injury.
21 (c) No annuity in excess of 50% of such highest salary
22 shall be payable to a widow in the case of death of an
23 employee from any cause other than injury incurred in the
24 performance of duty; provided, the annuity to a widow, or a
25 widow's annuity plus supplemental annuity, shall not exceed
26 $500 per month if the employee's death occurs before January
27 23, 1987, except as provided in paragraph (d). The widow's
28 annuity, or widow's annuity plus supplemental annuity, shall
29 not be limited to a maximum dollar amount if the employee's
30 death occurs on or after January 23, 1987.
31 (d) For widows of employees who died before January 23,
32 1987 after retirement on annuity or in service, the maximum
33 dollar amount limitation on widow's annuity (or widow's
34 annuity plus compensation or supplemental annuity) shall
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1 cease to apply, beginning with the first annuity payment
2 after the effective date of this amendatory Act of 1997;
3 except that if a refund of excess contributions for widow's
4 annuity has been paid by the Fund, the increase resulting
5 from this paragraph (d) shall not begin before the refund has
6 been repaid to the Fund, together with interest at the
7 effective rate from the date of the refund to the date of
8 repayment.
9 (2) If when an employee's annuity is fixed, the amount
10 accumulated to his credit therefor, as of his age at such
11 time, exceeds the amount necessary for the annuity, all
12 employee contributions for annuity purposes, after the date
13 on which the accumulated sums to the credit of such employee
14 for annuity purposes would first have provided such employee
15 with such amount of annuity as of his age at such date shall
16 be refunded when he enters upon annuity, with interest at the
17 effective rate.
18 If the aforesaid annuity so fixed is not payable, but a
19 larger amount is payable as a minimum annuity, such refund
20 shall be reduced by 5/12 of the value of the difference in
21 the annuity payable and the amount theretofore fixed as the
22 value of such difference may be at the date and as of the age
23 of the employee when his annuity begins; provided that if the
24 employee was credited with city contributions for any period
25 for which he made no contribution, or a contribution of less
26 than 3 1/4% of salary, a further reduction in the refund
27 shall be made by the equivalent of what he would have
28 contributed during such period less his actual contributions,
29 had the rate of employee contributions in force on the
30 effective date been in effect throughout his entire service,
31 prior to such effective date, with interest computed on such
32 amounts at the effective rate.
33 (3) If at the time the annuity for a wife is fixed, the
34 employee's credit for a widow's annuity exceeds that
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1 necessary to provide the maximum annuity prescribed in this
2 section, all employee contributions for such widow's annuity
3 for service after the date on which the accumulated sums to
4 the credit of the employee for such annuity purposes would
5 first have provided the wife of such employee with such
6 amount of annuity if such annuity were computed on the basis
7 of the combined annuity mortality table with interest at 3%
8 per annum with ages at date of determination taken as
9 specified in this article, shall be refunded to the employee,
10 with interest at the effective rate.
11 If the employee was credited with city contributions for
12 widow's annuity for any service prior to the effective date,
13 any amount so refundable, shall be reduced by the equivalent
14 of what he would have contributed, had his contributions for
15 widow's annuity been made at the rate of 1% throughout his
16 entire service, prior to the effective date, with interest on
17 such amounts at the effective rate.
18 (4) If at the death of an employee prior to age 65, the
19 credit for widow's annuity, exceeds that necessary to provide
20 the maximum annuity prescribed in this section, all employee
21 contributions for annuity purposes, for service after the
22 date on which the accumulated sums to the credit of such
23 employee for annuity purposes would first have provided such
24 widow with such amount of annuity if such annuity were
25 computed on the basis of the combined annuity mortality table
26 with interest at 3% per annum with ages at date of
27 determination taken as specified in this article, shall be
28 refunded to the widow, with applicable interest.
29 If the employee was credited with city contributions for
30 any period of service during which he was not required to
31 make a contribution, or made a contribution of less than 3
32 1/4% of salary, the refund shall be reduced by the equivalent
33 of the contributions he would have made during such period,
34 less any amount he contributed, had the rate of employee
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1 contributions in effect on the effective date been in force
2 throughout his entire service, prior to the effective date,
3 with applicable interest; provided, that if the employee was
4 credited with city contributions for widow's annuity for any
5 service prior to the effective date, any amount so refundable
6 shall be further reduced by the equivalent of what he would
7 have contributed had he made contributions for widow's
8 annuity at the rate of 1% throughout his entire service,
9 prior to such effective date, with applicable interest.
10 (5) The amendatory provisions of part 1, paragraphs (b)
11 and (c) of this Section (increasing the maximum from $300 to
12 $400 a month) shall be effective as of July 1, 1971, and
13 apply in the case of every qualifying widow whose husband
14 dies while in service on or after July 1, 1971 and prior to
15 January 1, 1984, or withdraws and enters on annuity on or
16 after July 1, 1971 and prior to January 1, 1984.
17 (6) The changes in paragraphs (b) and (c) of subsection
18 (1) of this Section made by this amendatory Act of 1983
19 (increasing the maximum from $400 to $500 per month) shall
20 apply to every qualifying widow whose husband dies in the
21 service on or after January 1, 1984, or withdraws and enters
22 on annuity on or after January 1, 1984.
23 (Source: P.A. 86-273.)
24 (40 ILCS 5/11-154) (from Ch. 108 1/2, par. 11-154)
25 Sec. 11-154. Amount of child's annuity. Beginning on
26 the effective date of this amendatory Act of 1997 January 1,
27 1988, the amount of a child's annuity shall be $220 $120 per
28 month for each child while the spouse of the deceased
29 employee parent survives, and $250 $150 per month for each
30 child when no such spouse survives, and shall be subject to
31 the following limitations:
32 (1) If the combined annuities for the widow and children
33 of an employee whose death resulted from injury incurred in
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1 the performance of duty, or for the children where a widow
2 does not exist, exceed 70% of the employee's final monthly
3 salary, the annuity for each child shall be reduced pro rata
4 so that the combined annuities for the family shall not
5 exceed such limitation;
6 (2) For the family of an employee whose death is the
7 result of any cause other than injury incurred in the
8 performance of duty, in which the combined annuities for the
9 family exceed 60% of the employee's final monthly salary, the
10 annuity for each child shall be reduced pro rata so that the
11 combined annuities for the family shall not exceed such
12 limitation.
13 A child's annuity shall be paid to the parent who is
14 providing for the child, unless another person has been
15 appointed the child's legal guardian.
16 The increase in child's annuity provided by this
17 amendatory Act of 1997 1987 shall apply to all child's
18 annuities being paid on or after the effective date of this
19 amendatory Act of 1997. January 1, 1988, subject to The above
20 limitations on the combined annuities for a family in parts
21 (1) and (2) of this Section do not apply to families of
22 employees who died before the effective date of this
23 amendatory Act of 1997.
24 (Source: P.A. 85-964.)
25 (40 ILCS 5/11-215) (from Ch. 108 1/2, par. 11-215)
26 Sec. 11-215. Computation of service.
27 (a) In computing the term of service of an employee
28 prior to the effective date, the entire period beginning on
29 the date he was first appointed and ending on the day before
30 the effective date, except any intervening period during
31 which he was separated by withdrawal from service, shall be
32 counted for all purposes of this Article. Only the first year
33 of each period of lay-off or leave of absence without pay,
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1 continuing or extending for a period in excess of one year,
2 shall be counted as such service.
3 (b) For a person employed by an employer for whom this
4 Article was in effect prior to August 1, 1949, from whose
5 salary deductions are first made under this Article after
6 July 31, 1949, any period of service rendered prior to the
7 effective date, unless he was in service on the day before
8 the effective date, shall not be counted as service.
9 (c) In computing the term of service of an employee
10 subsequent to the day before the effective date, the
11 following periods of time shall be counted as periods of
12 service for annuity purposes:
13 (1) the time during which he performed the duties
14 of his position;
15 (2) leaves of absence with whole or part pay, and
16 leaves of absence without pay not longer than 90 days;
17 (3) leaves of absence without pay during which a
18 participant is employed full-time by a local labor
19 organization that represents municipal employees,
20 provided that (A) the participant continues to make
21 employee contributions to the Fund as though he were an
22 active employee, based on the regular salary rate
23 received by the participant for his municipal employment
24 immediately prior to such leave of absence (and in the
25 case of such employment prior to December 9, 1987, pays
26 to the Fund an amount equal to the employee contributions
27 for such employment plus regular interest thereon as
28 calculated by the board), and based on his current salary
29 with such labor organization after the effective date of
30 this amendatory Act of 1991, (B) after January 1, 1989
31 the participant, or the labor organization on the
32 participant's behalf, makes contributions to the Fund as
33 though it were the employer, in the same amount and same
34 manner as specified under this Article, based on the
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1 regular salary rate received by the participant for his
2 municipal employment immediately prior to such leave of
3 absence, and based on his current salary with such labor
4 organization after the effective date of this amendatory
5 Act of 1991, and (C) the participant does not receive
6 credit in any pension plan established by the local labor
7 organization based on his employment by the organization;
8 (4) any period of disability for which he received
9 (i) a disability benefit under this Article, or (ii) a
10 temporary total disability benefit under the Workers'
11 Compensation Act if the disability results from a
12 condition commonly termed heart attack or stroke or any
13 other condition falling within the broad field of
14 coronary involvement or heart disease, or (iii) whole or
15 part pay.
16 (d) For a person employed by an employer, or the
17 retirement board, in which "The 1935 Act" was in effect prior
18 to August 1, 1949, from whose salary deductions are first
19 made under "The 1935 Act" or this Article after July 31,
20 1949, any period of service rendered subsequent to the
21 effective date and prior to August 1, 1949, shall not be
22 counted as a period of service under this Article, except
23 such period for which he made payment, as provided in Section
24 11-221 of this Article, in which case such period shall be
25 counted as a period of service for all annuity purposes
26 hereunder.
27 (e) In computing the term of service of an employee
28 subsequent to the day before the effective date for ordinary
29 disability benefit purposes, the following periods of time
30 shall be counted as periods of service:
31 (1) any period during which he performed the duties
32 of his position;
33 (2) leaves of absence with whole or part pay;
34 (3) any period of disability for which he received
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1 (i) a duty disability benefit under this Article, or (ii)
2 a temporary total disability benefit under the Workers'
3 Compensation Act if the disability results from a
4 condition commonly termed heart attack or stroke or any
5 other condition falling within the broad field of
6 coronary involvement or heart disease, or (iii) whole or
7 part pay.
8 However, any period of service rendered by an employee
9 contributor prior to the date he became a contributor to the
10 fund shall not be counted as a period of service for ordinary
11 disability purposes, unless the person made payment for the
12 period as provided in Section 11-221 of this Article, in
13 which case the period shall be counted as a period of service
14 for ordinary disability purposes for periods of disability on
15 or after the effective date of this amendatory Act of 1997.
16 Overtime or extra service shall not be included in
17 computing any term of service. Not more than 1 year of
18 service shall be allowed for service rendered during any
19 calendar year.
20 (Source: P.A. 86-272; 86-1488.)
21 (40 ILCS 5/14-103.04) (from Ch. 108 1/2, par. 14-103.04)
22 Sec. 14-103.04. Department. "Department": Any
23 department, institution, board, commission, officer, court,
24 or any agency of the State having power to certify payrolls
25 to the State Comptroller authorizing payments of salary or
26 wages against State appropriations, or against trust funds
27 held by the State Treasurer, except those departments
28 included under the term "employer" in the State Universities
29 Retirement System. "Department" includes the Illinois
30 Development Finance Authority. "Department" also includes
31 the Illinois Comprehensive Health Insurance Board and the
32 Illinois Rural Bond Bank.
33 (Source: P.A. 86-676; 86-1488.)
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1 (40 ILCS 5/14-104) (from Ch. 108 1/2, par. 14-104)
2 Sec. 14-104. Service for which contributions permitted.
3 Contributions provided for in this Section shall cover the
4 period of service granted, and be based upon employee's
5 compensation and contribution rate in effect on the date he
6 last became a member of the System; provided that for all
7 employment prior to January 1, 1969 the contribution rate
8 shall be that in effect for a noncovered employee on the date
9 he last became a member of the System. Contributions
10 permitted under this Section shall include regular interest
11 from the date an employee last became a member of the System
12 to date of payment.
13 These contributions must be paid in full before
14 retirement either in a lump sum or in installment payments in
15 accordance with such rules as may be adopted by the board.
16 (a) Any member may make contributions as required in
17 this Section for any period of service, subsequent to the
18 date of establishment, but prior to the date of membership.
19 (b) Any employee who had been previously excluded from
20 membership because of age at entry and subsequently became
21 eligible may elect to make contributions as required in this
22 Section for the period of service during which he was
23 ineligible.
24 (c) An employee of the Department of Insurance who,
25 after January 1, 1944 but prior to becoming eligible for
26 membership, received salary from funds of insurance companies
27 in the process of rehabilitation, liquidation, conservation
28 or dissolution, may elect to make contributions as required
29 in this Section for such service.
30 (d) Any employee who rendered service in a State office
31 to which he was elected, or rendered service in the elective
32 office of Clerk of the Appellate Court prior to the date he
33 became a member, may make contributions for such service as
34 required in this Section. Any member who served by
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1 appointment of the Governor under the Civil Administrative
2 Code of Illinois and did not participate in this System may
3 make contributions as required in this Section for such
4 service.
5 (e) Any person employed by the United States government
6 or any instrumentality or agency thereof from January 1, 1942
7 through November 15, 1946 as the result of a transfer from
8 State service by executive order of the President of the
9 United States shall be entitled to prior service credit
10 covering the period from January 1, 1942 through December 31,
11 1943 as provided for in this Article and to membership
12 service credit for the period from January 1, 1944 through
13 November 15, 1946 by making the contributions required in
14 this Section. A person so employed on January 1, 1944 but
15 whose employment began after January 1, 1942 may qualify for
16 prior service and membership service credit under the same
17 conditions.
18 (f) An employee of the Department of Labor of the State
19 of Illinois who performed services for and under the
20 supervision of that Department prior to January 1, 1944 but
21 who was compensated for those services directly by federal
22 funds and not by a warrant of the Auditor of Public Accounts
23 paid by the State Treasurer may establish credit for such
24 employment by making the contributions required in this
25 Section. An employee of the Department of Agriculture of the
26 State of Illinois, who performed services for and under the
27 supervision of that Department prior to June 1, 1963, but was
28 compensated for those services directly by federal funds and
29 not paid by a warrant of the Auditor of Public Accounts paid
30 by the State Treasurer, and who did not contribute to any
31 other public employee retirement system for such service, may
32 establish credit for such employment by making the
33 contributions required in this Section.
34 (g) Any employee who executed a waiver of membership
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1 within 60 days prior to January 1, 1944 may, at any time
2 while in the service of a department, file with the board a
3 rescission of such waiver. Upon making the contributions
4 required by this Section, the member shall be granted the
5 creditable service that would have been received if the
6 waiver had not been executed.
7 (h) Until May 1, 1990, an employee who was employed on a
8 full-time basis by a regional planning commission for at
9 least 5 continuous years may establish creditable service for
10 such employment by making the contributions required under
11 this Section, provided that any credits earned by the
12 employee in the commission's retirement plan have been
13 terminated.
14 (i) Any person who rendered full time contractual
15 services to the General Assembly as a member of a legislative
16 staff may establish service credit for up to 8 years of such
17 services by making the contributions required under this
18 Section, provided that application therefor is made not later
19 than July 1, 1991.
20 (j) By paying the contributions otherwise required under
21 this Section, plus an amount determined by the Board to be
22 equal to the employer's normal cost of the benefit plus
23 interest, an employee may establish service credit for a
24 period of up to 2 years spent in active military service for
25 which he does not qualify for credit under Section 14-105,
26 provided that (1) he was not dishonorably discharged from
27 such military service, and (2) the amount of service credit
28 established by a member under this subsection (j), when added
29 to the amount of military service credit granted to the
30 member under subsection (b) of Section 14-105, shall not
31 exceed 5 years.
32 (k) An employee who was employed on a full-time basis by
33 the Illinois State's Attorneys Association Statewide
34 Appellate Assistance Service LEAA-ILEC grant project prior to
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1 the time that project became the State's Attorneys Appellate
2 Service Commission, now the Office of the State's Attorneys
3 Appellate Prosecutor, an agency of State government, may
4 establish creditable service for not more than 60 months
5 service for such employment by making contributions required
6 under this Section.
7 (l) Any person who rendered contractual services to a
8 member of the General Assembly as a worker providing
9 constituent services to persons in the member's district may
10 establish creditable service for up to 8 years of those
11 contractual services by making the contributions required
12 under this Section. The System shall determine a full-time
13 salary equivalent for the purpose of calculating the required
14 contribution. To establish credit under this subsection, the
15 applicant must apply to the System by March 1, 1998.
16 (Source: P.A. 86-273; 86-1488; 87-794; 87-895; 87-1265.)
17 (40 ILCS 5/14-104.10 new)
18 Sec. 14-104.10. Illinois Development Finance Authority.
19 An employee may establish creditable service for periods
20 prior to the date upon which the Illinois Development Finance
21 Authority first becomes a department (as defined in Section
22 14-103.04) during which he or she was employed by the
23 Illinois Development Finance Authority or the Illinois
24 Industrial Development Authority, by applying in writing and
25 paying to the System an amount equal to (i) employee
26 contributions for the period for which credit is being
27 established, based upon the employee's compensation and the
28 applicable contribution rate in effect on the date he or she
29 last became a member of the System, plus (ii) the employer's
30 normal cost of the credit established, plus (iii) interest on
31 the amounts in items (i) and (ii) at the rate of 2.5% per
32 year, compounded annually, from the date the applicant last
33 became a member of the System to the date of payment. This
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1 payment must be paid in full before retirement, either in a
2 lump sum or in installment payments in accordance with the
3 rules of the Board.
4 (40 ILCS 5/14-105.7 new)
5 Sec. 14-105.7. Transfer to Article 9 fund. (a) Until
6 July 1, 1998, any active or inactive member of the System who
7 has established creditable service under paragraph (i) of
8 Section 14-104 (relating to contractual service to the
9 General Assembly) and is an active contributor to the pension
10 fund established under Article 9 of this Code may apply to
11 the Board for transfer of all of his or her creditable
12 service accumulated under this System to the Article 9 fund.
13 The creditable service shall be transferred forthwith.
14 Payment by this System to the Article 9 fund shall be made at
15 the same time and shall consist of:
16 (1) the amounts accumulated to the credit of the
17 applicant for that service, including regular interest,
18 on the books of the System on the date of transfer; plus
19 (2) employer contributions in an amount equal to
20 the amount determined under item (1).
21 Participation in this System as to the credits transferred
22 under this Section terminates on the date of transfer.
23 (b) Any person transferring credit under this Section
24 may reinstate credits and creditable service terminated upon
25 receipt of a refund, by paying to the System, before July 1,
26 1998, the amount of the refund plus regular interest from the
27 date of refund to the date of payment.
28 (40 ILCS 5/15-106) (from Ch. 108 1/2, par. 15-106)
29 Sec. 15-106. Employer. "Employer": The University of
30 Illinois, Southern Illinois University, Chicago State
31 University, Eastern Illinois University, Governors State
32 University, Illinois State University, Northeastern Illinois
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1 University, Northern Illinois University, Western Illinois
2 University, the State Board of Higher Education, the Illinois
3 Mathematics and Science Academy, the State Geological Survey
4 Division of the Department of Natural Resources, the State
5 Natural History Survey Division of the Department of Natural
6 Resources, the State Water Survey Division of the Department
7 of Natural Resources, the Hazardous Waste Research and
8 Information Center of the Department of Natural Resources,
9 the University Civil Service Merit Board, the Board of
10 Trustees of the State Universities Retirement System, the
11 Illinois Community College Board, State Community College of
12 East St. Louis, community college boards, any association of
13 community college boards organized under Section 3-55 of the
14 Public Community College Act, the Board of Examiners
15 established under the Illinois Public Accounting Act, and,
16 only during the period for which employer contributions
17 required under Section 15-155 are paid, the following
18 organizations: the alumni associations, the foundations and
19 the athletic associations which are affiliated with the
20 universities and colleges included in this Section as
21 employers. A department as defined in Section 14-103.04 is an
22 employer for any person appointed by the Governor under the
23 Civil Administrative Code of the State who is a participating
24 employee as defined in Section 15-109.
25 (Source: P.A. 89-4, eff. 1-1-96; 89-445, eff. 2-7-96.)
26 (40 ILCS 5/15-112) (from Ch. 108 1/2, par. 15-112)
27 Sec. 15-112. Final rate of earnings. "Final rate of
28 earnings": For an employee who is paid on an hourly basis or
29 who receives an annual salary in installments during 12
30 months of each academic year, the average annual earnings
31 during the 48 consecutive calendar month period ending with
32 the last day of final termination of employment or the 4
33 consecutive academic years of service in which the employee's
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1 earnings were the highest, whichever is greater. For any
2 other employee, the average annual earnings during the 4
3 consecutive academic years of service in which his or her
4 earnings were the highest. For an employee with less than 48
5 months or 4 consecutive academic years of service, the
6 average earnings during his or her entire period of service.
7 The earnings of an employee with more than 36 months of
8 service prior to the date of becoming a participant are, for
9 such period, considered equal to the average earnings during
10 the last 36 months of such service. For an employee on leave
11 of absence with pay, or on leave of absence without pay who
12 makes contributions during such leave, earnings are assumed
13 to be equal to the basic compensation on the date the leave
14 began. For an employee on disability leave, earnings are
15 assumed to be equal to the basic compensation on the date
16 disability occurs or the average earnings during the 24
17 months immediately preceding the month in which disability
18 occurs, whichever is greater.
19 For a participant who retires on or after the effective
20 date of this amendatory Act of 1997 with at least 20 years of
21 service as a firefighter or police officer under this
22 Article, the final rate of earnings shall be the annual rate
23 of earnings received by the participant on his or her last
24 day as a firefighter or police officer under this Article, if
25 that is greater than the final rate of earnings as calculated
26 under the other provisions of this Section.
27 If a participant is an employee for at least 6 months
28 during the academic year in which his or her employment is
29 terminated, the annual final rate of earnings shall be 25% of
30 the sum of (1) the annual basic compensation for that year,
31 and (2) the amount earned during the 36 months immediately
32 preceding that year, if this is greater than the final rate
33 of earnings as calculated under the other provisions of this
34 Section.
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1 In the determination of the final rate of earnings for an
2 employee, that part of an employee's earnings for any
3 academic year beginning after June 30, 1997, which exceeds
4 the employee's earnings with that employer for the preceding
5 year by more than 20 percent shall be excluded; in the event
6 that an employee has more than one employer this limitation
7 shall be calculated separately for the earnings with each
8 employer. In making such calculation, only the basic
9 compensation of employees shall be considered, without regard
10 to vacation or overtime or to contracts for summer
11 employment.
12 The following are not considered as earnings in
13 determining final rate of earnings: separation pay,
14 retirement pay, payment in lieu of unused sick leave and
15 payments from an employer for the period used in determining
16 final rate of earnings for any purpose other than services
17 rendered, leave of absence or vacation granted during that
18 period, and vacation of up to 56 work days allowed upon
19 termination of employment under a vacation policy of an
20 employer which was in effect on or before January 1, 1977.
21 Intermittent periods of service shall be considered as
22 consecutive in determining final rate of earnings.
23 (Source: P.A. 84-1472.)
24 (40 ILCS 5/15-113.2) (from Ch. 108 1/2, par. 15-113.2)
25 Sec. 15-113.2. Service for leaves of absence. "Service
26 for leaves of absence" includes those periods of leaves of
27 absence at less than 50% pay, except military leave and
28 periods of disability leave in excess of 60 days, for which
29 the employee pays the contributions required under Section
30 15-157 in accordance with rules prescribed by the board based
31 upon the employee's basic compensation on the date the leave
32 begins, or in the case of leave for service with a teacher
33 organization, based upon the actual compensation received by
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1 the employee for such service after January 26, 1988, if the
2 employee so elects within 30 days of that date or the date
3 the leave for service with a teacher organization begins,
4 whichever is later; provided that the employee (1) returns to
5 employment covered by this system at the expiration of the
6 leave, or within 30 days after the termination of a
7 disability which occurs during the leave and continues this
8 employment at a percentage of time equal to or greater than
9 the percentage of time immediately preceding the leave of
10 absence for at least 8 consecutive months or a period equal
11 to the period of the leave, whichever is less, or (2) is
12 precluded from meeting the foregoing conditions because of
13 disability or death. If service credit is denied because the
14 employee fails to meet these conditions, the contributions
15 covering the leave of absence shall be refunded without
16 interest. The return to employment condition does not apply
17 if the leave of absence is for service with a teacher
18 organization and the leave of absence is in effect on the
19 effective date of this amendatory Act of 1993.
20 Service credit provided under this Section shall not
21 exceed 3 years in any period of 10 years, unless the employee
22 is on special leave granted by the employer for service with
23 a teacher organization. Commencing with the fourth year in
24 any period of 10 years, a participant on such special leave
25 is also required to pay employer contributions equal to the
26 normal cost as defined in Section 15-155, based upon the
27 employee's basic compensation on the date the leave begins,
28 or based upon the actual compensation received by the
29 employee for service with a teacher organization if the
30 employee has so elected.
31 (Source: P.A. 86-1488; 87-1265.)
32 (40 ILCS 5/15-113.3) (from Ch. 108 1/2, par. 15-113.3)
33 Sec. 15-113.3. Service for periods of military service.
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1 "Service for periods of military service": Those periods,
2 not exceeding 5 years, during which a person served in the
3 armed forces of the United States, of which all but 2 years
4 must have immediately followed a period of employment with an
5 employer under this system or the State Employees' Retirement
6 System of Illinois; provided that the person received a
7 discharge other than dishonorable and again became an
8 employee under this system within one year after discharge.
9 However, for the up to 2 years of military service not
10 immediately following employment, the applicant must make
11 contributions to the System (1) at the rates provided in
12 Section 15-157 based upon the employee's basic compensation
13 on the last date as a participating employee prior to such
14 military service, or on the first date as a participating
15 employee after such military service, whichever is greater,
16 plus (2) an amount determined by the board to be equal to the
17 employer's normal cost of the benefits accrued for such
18 military service, plus (3) interest on items (1) and (2) at
19 the effective rate from the later of the date of first
20 membership in the System or the date of conclusion of
21 military service to the date of payment. The change in the
22 required contribution for purchased military credit made by
23 this amendatory Act of 1993 does not entitle any person to a
24 refund of contributions already paid.
25 The changes to this Section made by this amendatory Act
26 of 1991 shall apply not only to persons who on or after its
27 effective date are in service under the System, but also to
28 persons whose employment terminated prior to that date,
29 whether or not the person is an annuitant on that date. In
30 the case of an annuitant who applies for credit allowable
31 under this Section for a period of military service that did
32 not immediately follow employment, and who has made the
33 required contributions for such credit, the annuity shall be
34 recalculated to include the additional service credit, with
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1 the increase taking effect on the date the System received
2 written notification of the annuitant's intent to purchase
3 the credit, if payment of all the required contributions is
4 made within 60 days of such notice, or else on the first
5 annuity payment date following the date of payment of the
6 required contributions. In calculating the automatic annual
7 increase for an annuity that has been recalculated under this
8 Section, the increase attributable to the additional service
9 allowable under this amendatory Act of 1991 shall be included
10 in the calculation of automatic annual increases accruing
11 after the effective date of the recalculation.
12 (Source: P.A. 87-794; 87-1265.)
13 (40 ILCS 5/15-113.4) (from Ch. 108 1/2, par. 15-113.4)
14 Sec. 15-113.4. Service for unused sick leave. "Service
15 for unused sick leave": A participant who is an employee
16 under this System or one of the other systems subject to
17 Article 20 of this Code within 60 days immediately preceding
18 the date on which his or her retirement annuity begins, is
19 entitled to credit for service for that portion of unused
20 sick leave earned in the course of employment with an
21 employer and credited on the date of termination of
22 employment by an employer for which payment is not received,
23 in accordance with the following schedule: 30 through 90
24 full calendar days and 20 through 59 full work days of unused
25 sick leave, 1/4 of a year of service; 91 through 180 full
26 calendar days and 60 through 119 full work days, 1/2 of a
27 year of service; 181 through 270 full calendar days and 120
28 through 179 full work days, 3/4 of a year of service; 271
29 through 360 full calendar days and 180 through 240 full work
30 days, one year of service. Only uncompensated, unused sick
31 leave earned in accordance with an employer's sick leave
32 accrual policy generally applicable to employees or a class
33 of employees shall be taken into account in calculating
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1 service credit under this Section. Any uncompensated, unused
2 sick leave granted by an employer to facilitate the hiring,
3 retirement, termination, or other special circumstances of an
4 employee shall not be taken into account in calculating
5 service credit under this Section. If a participant
6 transfers from one employer to another, the unused sick leave
7 credited by the previous employer shall be considered in
8 determining service to be credited under this Section, even
9 if the participant terminated service prior to the effective
10 date of P.A. 86-272 (August 23, 1989); if necessary, the
11 retirement annuity shall be recalculated to reflect such sick
12 leave credit. Each employer shall certify to the board the
13 number of days of unused sick leave accrued to the
14 participant's credit on the date that the participant's
15 status as an employee terminated. This period of unused sick
16 leave shall not be considered in determining the date the
17 retirement annuity begins.
18 (Source: P.A. 86-272; 87-794.)
19 (40 ILCS 5/15-113.5) (from Ch. 108 1/2, par. 15-113.5)
20 Sec. 15-113.5. Service for employment with other public
21 agencies in this State. "Service for employment with other
22 public agencies in this State": includes the following
23 periods:
24 (a) periods during which a person rendered services for
25 the State of Illinois, prior to January 1, 1944, under
26 employment not covered by this Article, if (1) such periods
27 would have been considered creditable service under the State
28 Employees' Retirement System of Illinois had that system been
29 in effect at that time, and (2) service credit for such
30 periods has not been granted under the State Employees'
31 Retirement System of Illinois.
32 (b) periods credited under the State Employees'
33 Retirement System of Illinois on the date an employee became
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1 eligible for participation in the State Universities
2 Retirement System as a result of a transfer of a State
3 function from a department, commission or other agency of
4 this State to an employer, excluding periods as a "covered
5 employee" as defined in Article 14 of this Code, provided the
6 employee has received a refund of his or her contributions
7 from the State Employees' Retirement System of Illinois and
8 pays to this system contributions equal to the amount of the
9 refund together with compound interest at the rate required
10 for repayment of a refund under Section 15-154 from the date
11 the refund is received to the date payment is made.
12 (c) periods credited in a retirement system covering a
13 governmental unit, as defined in Section 20-107 on the date a
14 person becomes a participant, if (1) a function of this
15 governmental unit is transferred in whole or in part to an
16 employer, and (2) the person transfers employment from the
17 governmental unit to such employer within 6 months after the
18 employer begins operation of this function, and (3) the
19 person cannot qualify for a proportional retirement annuity
20 from the retirement system covering this governmental unit,
21 and (4) the participant receives a refund of his or her
22 contributions from the retirement system covering this
23 governmental unit and pays to this system contributions equal
24 to the amount of the refund together with compound interest
25 from the date the refund is made by the system to the date
26 payment is received by the board at the rate of 6% per annum
27 through August 31, 1982, and at the effective rates after
28 that date.
29 (d) periods during which a participant contributed to
30 the Park Policemen's Annuity Fund as defined in Section
31 5-219, provided the participant and the Chicago Policemen's
32 Annuity Fund pay to this system the required employee and
33 employer contributions.
34 (e) periods during which a person rendered services for
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1 an athletic association affiliated with the University of
2 Illinois, provided that (1) the employee was employed by that
3 athletic association on January 1, 1960, (2) annuity
4 contracts covering that employment have been purchased by
5 other retirement systems covering employees of the athletic
6 association, and (3) the employee files with the board an
7 election to become a participant and assigns to the board his
8 or her right, title, and interest in those annuity contracts.
9 (Source: P.A. 83-1440.)
10 (40 ILCS 5/15-113.7) (from Ch. 108 1/2, par. 15-113.7)
11 Sec. 15-113.7. Service for other public employment.
12 "Service for other public employment": Includes those
13 periods not exceeding the lesser of 10 years or 2/3 of the
14 service granted under other Sections of this Article dealing
15 with service credit, during which a person was employed full
16 time by the United States government, or by the government of
17 a state, or by a political subdivision of a state, or by an
18 agency or instrumentality of any of the foregoing, if the
19 person (1) cannot qualify for a retirement pension or other
20 benefit based upon employer contributions from another
21 retirement system, exclusive of federal social security,
22 based in whole or in part upon this employment, and (2) pays
23 the lesser of (A) an amount equal to 8% of his or her annual
24 basic compensation on the date of becoming a participating
25 employee subsequent to this service multiplied by the number
26 of years of such service, together with compound interest
27 from the date participation begins to the date payment is
28 received by the board at the rate of 6% per annum through
29 August 31, 1982, and at the effective rates after that date,
30 and (B) 50% of the actuarial value of the increase in the
31 retirement annuity provided by this service, and (3)
32 contributes for at least 5 years subsequent to this
33 employment to one or more of the following systems: the
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1 State Universities Retirement System, the Teachers'
2 Retirement System of the State of Illinois, and the Public
3 School Teachers' Pension and Retirement Fund of Chicago. If
4 a function of a governmental unit as defined by Section
5 20-107 is transferred by law, in whole or in part to an
6 employer, and an employee transfers employment from this
7 governmental unit to such employer within 6 months of the
8 transfer of the function, the payment for service authorized
9 under this Section shall not exceed the amount which would
10 have been payable for this service to the retirement system
11 covering the governmental unit from which the function was
12 transferred.
13 The service granted under this Section shall not be
14 considered in determining whether the person has the minimum
15 of 8 years of service required to qualify for a retirement
16 annuity at age 55 or the 5 years of service required to
17 qualify for a retirement annuity at age 62, as provided in
18 Section 15-135. The maximum allowable service of 10 years
19 for this governmental employment shall be reduced by the
20 service credit which is validated under paragraph (3) of
21 Section 16-127 and paragraph one of Section 17-133.
22 Except as hereinafter provided, this Section shall not
23 apply to persons who become participants in the system after
24 September 1, 1974. Except as hereinafter provided, credit
25 for military service under this Section shall be allowed only
26 to persons who have applied for such credit before September
27 1, 1974. The foregoing September 1, 1974, limitations do not
28 apply to any person who became a participant in the system on
29 or before January 15, 1977, and prior thereto, had a minimum
30 of 20 years of service credit granted in the General Assembly
31 Retirement System.
32 (Source: P.A. 87-1265.)
33 (40 ILCS 5/15-125) (from Ch. 108 1/2, par. 15-125)
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1 Sec. 15-125. "Prescribed Rate of Interest; Effective
2 Rate of Interest":
3 (1) "Prescribed rate of interest": The rate of interest
4 to be used in actuarial valuations and in development of
5 actuarial tables as determined by the board on the basis of
6 the probable average effective rate of interest on a long
7 term basis.
8 (2) "Effective rate of interest": The interest rate for
9 all or any part of a fiscal year that is determined by the
10 board based on factors including the system's past and
11 expected investment experience; historical and expected
12 fluctuations in the market value of investments; the
13 desirability of minimizing volatility in the effective rate
14 of interest from year to year; the provision of reserves for
15 anticipated losses upon sales, redemptions, or other
16 disposition of investments and for variations in interest
17 experience. This amendatory Act of 1997 is a clarification
18 of existing law. The interest rate for any fiscal year
19 determined by the board from the investment experience of the
20 preceding fiscal years and the estimated investment
21 experience of the current fiscal year. In determining the
22 effective rate of interest to be credited to member
23 contribution accounts and other reserves, the board may
24 provide for reserves for anticipated losses upon sales,
25 redemptions or other disposition of investments and for
26 reserves for variations in interest experience.
27 (Source: P.A. 79-1146.)
28 (40 ILCS 5/15-136.2) (from Ch. 108 1/2, par. 15-136.2)
29 Sec. 15-136.2. Early retirement without discount. A
30 participant whose retirement annuity begins after June 1,
31 1981 and on or before September 1, 2002 1997 and within six
32 months of the last day of employment for which retirement
33 contributions were required, may elect at the time of
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1 application to make a one time employee contribution to the
2 System and thereby avoid the early retirement reduction in
3 retirement annuity specified under subsection (b) of Section
4 15-136. The exercise of the election shall obligate the last
5 employer to also make a one time non-refundable contribution
6 to the System.
7 The one time employee and employer contributions shall be
8 a percentage of the retiring participant's highest full time
9 annual salary rate during the academic years which were
10 considered in determining his or her final rate of earnings,
11 or if not full time then the full time equivalent. The
12 employee contribution rate shall be 7% multiplied by the
13 lesser of the following 2 sums: (1) the number of years that
14 the participant is less than age 60; or (2) the number of
15 years that the participant's creditable service is less than
16 35 years. The employer contribution shall be at the rate of
17 20% for each year the participant is less than age 60. The
18 employer shall pay the employer contribution from the same
19 source of funds which is used in paying earnings to
20 employees.
21 Upon receipt of the application and election, the System
22 shall determine the one time employee and employer
23 contributions. The provisions of this Section shall not be
24 applicable until all the above outlined contributions have
25 been received by the System; however, the date such
26 contributions are received shall not be considered in
27 determining the effective date of retirement.
28 For persons who apply to the Board after the effective
29 date of this amendatory Act of 1993 and before July 1, 1993,
30 requesting a retirement annuity to begin no earlier than July
31 1, 1993 and no later than June 30, 1994, the employer shall
32 pay both the employee and employer contributions required
33 under this Section.
34 The number of employees retiring under this Section in
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1 any fiscal year may be limited at the option of the employer
2 to no less than 15% of those eligible. The right to elect
3 early retirement without discount shall be allocated among
4 those applying on the basis of seniority in the service of
5 the last employer.
6 (Source: P.A. 87-794; 87-1265.)
7 (40 ILCS 5/15-143) (from Ch. 108 1/2, par. 15-143)
8 Sec. 15-143. Death benefits - General provisions. All
9 death benefits shall be paid as a single cash sum or
10 otherwise as the beneficiary and the board mutually agree,
11 except where an annuity is payable under Section 15-144. A
12 death benefit shall be paid as soon as practicable after
13 receipt by the board of (1) a written application by the
14 beneficiary and (2) such evidence of death and identification
15 as the board shall require.
16 (Source: P.A. 83-1440.)
17 (40 ILCS 5/15-153.2) (from Ch. 108 1/2, par. 15-153.2)
18 Sec. 15-153.2. Disability retirement annuity. A
19 participant whose disability benefits are discontinued under
20 the provisions of clause (6) (5) of Section 15-152, is
21 entitled to a disability retirement annuity of 35% of the
22 basic compensation which was payable to the participant at
23 the time that disability began, provided at least 2 licensed
24 and practicing physicians appointed by the board certify that
25 the participant has a medically determinable physical or
26 mental impairment which would prevent him or her from
27 engaging in any substantial gainful activity, and which can
28 be expected to result in death or which has lasted or can be
29 expected to last for a continuous period of not less than 12
30 months. The terms "medically determinable physical or mental
31 impairment" and "substantial gainful activity" shall have the
32 meanings ascribed to them in the "Social Security Act", as
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1 now or hereafter amended, and the regulations issued
2 thereunder.
3 The disability retirement annuity payment period shall
4 begin immediately following the expiration of the disability
5 benefit payments under clause (6) (5) of Section 15-152 and
6 shall be discontinued when (1) the physical or mental
7 impairment no longer prevents the participant from engaging
8 in any substantial gainful activity, (2) the participant dies
9 or (3) the participant elects to receive a retirement annuity
10 under Sections 15-135 and 15-136. If a person's disability
11 retirement annuity is discontinued under clause (1), all
12 rights and credits accrued in the system on the date that the
13 disability retirement annuity began shall be restored, and
14 the disability retirement annuity paid shall be considered as
15 disability payments under clause (6) (5) of Section 15-152.
16 (Source: P.A. 83-1440.)
17 (40 ILCS 5/15-157) (from Ch. 108 1/2, par. 15-157)
18 Sec. 15-157. Employee Contributions.
19 (a) Each participating employee shall make contributions
20 towards the retirement annuity of each payment of earnings
21 applicable to employment under this system on and after the
22 date of becoming a participant as follows: Prior to
23 September 1, 1949, 3 1/2% of earnings; from September 1, 1949
24 to August 31, 1955, 5%; from September 1, 1955 to August 31,
25 1969, 6%; from September 1, 1969, 6 1/2%. These
26 contributions are to be considered as normal contributions
27 for purposes of this Article.
28 Each participant who is a police officer or firefighter
29 shall make normal contributions of 8% of each payment of
30 earnings applicable to employment as a police officer or
31 firefighter under this system on or after September 1, 1981,
32 unless he or she files with the board within 60 days after
33 the effective date of this amendatory Act of 1991 or 60 days
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1 after the board receives notice that he or she is employed as
2 a police officer or firefighter, whichever is later, a
3 written notice waiving the retirement formula provided by
4 Rule 4 of Section 15-136. This waiver shall be irrevocable.
5 If a participant had met the conditions set forth in Section
6 15-132.1 prior to the effective date of this amendatory Act
7 of 1991 but failed to make the additional normal
8 contributions required by this paragraph, he or she may elect
9 to pay the additional contributions plus compound interest at
10 the effective rate. If such payment is received by the
11 board, the service shall be considered as police officer
12 service in calculating the retirement annuity under Rule 4 of
13 Section 15-136.
14 (b) Starting September 1, 1969, each participating
15 employee shall make additional contributions of 1/2 of 1% of
16 earnings to finance a portion of the cost of the annual
17 increases in retirement annuity provided under Section
18 15-136.
19 (c) Each participating employee shall make survivors
20 insurance contributions of 1% of earnings applicable under
21 this system on and after August 1, 1959. Contributions in
22 excess of $80 during any fiscal year beginning before August
23 31, 1969 and in excess of $120 during any fiscal year
24 thereafter until September 1, 1971 shall be considered as
25 additional contributions for purposes of this Article.
26 (d) If the board by board rule so permits and subject to
27 such conditions and limitations as may be specified in its
28 rules, a participant may make other additional contributions
29 of such percentage of earnings or amounts as the participant
30 shall elect in a written notice thereof received by the
31 board.
32 (e) That fraction of a participant's total accumulated
33 normal contributions, the numerator of which is equal to the
34 number of years of service in excess of that which is
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1 required to qualify for the maximum retirement annuity, and
2 the denominator of which is equal to the total service of the
3 participant, shall be considered as accumulated additional
4 contributions. The determination of the applicable maximum
5 annuity and the adjustment in contributions required by this
6 provision shall be made as of the date of the participant's
7 retirement.
8 (f) Notwithstanding the foregoing, a participating
9 employee shall not be required to make contributions under
10 this Section after the date upon which continuance of such
11 contributions would otherwise cause his or her retirement
12 annuity to exceed the maximum retirement annuity as specified
13 in clause (1) of subsection (c) of Section 15-136.
14 (Source: P.A. 86-272; 86-1488.)
15 (40 ILCS 5/15-167.2) (from Ch. 108 1/2, par. 15-167.2)
16 Sec. 15-167.2. To issue bonds. To borrow money and, in
17 evidence of its obligation to repay the borrowing, to issue
18 bonds for the purpose of financing the cost of any project.
19 The bonds shall be authorized pursuant to a resolution to be
20 adopted by the board setting forth all details in connection
21 with the bonds.
22 The principal amount of the outstanding bonds of the
23 board shall not at any time exceed $20,000,000 $10,000,000.
24 The bonds may be issued in one or more series, bear such
25 date or dates, become due at such time or times within 40
26 years, bear interest payable at such intervals and at such
27 rate or rates, which rates may be fixed or variable, be in
28 such denominations, be in such form, either coupon,
29 registered or book-entry, carry such conversion, registration
30 and exchange privileges, be subject to defeasance upon such
31 terms, have such rank or priority, be executed in such
32 manner, be payable in such medium of payment at such place or
33 places within or without the State of Illinois, make
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1 provision for a corporate trustee within or without the State
2 of Illinois with respect to such bonds, prescribe the rights,
3 powers and duties thereof to be exercised for the benefit of
4 the board, the system and the protection of the bondholders,
5 provide for the holding in trust, investment and use of
6 moneys, funds and accounts held in connection therewith, be
7 subject to such terms of redemption with or without premium,
8 and be sold in such manner at private or public sale and at
9 such price, all as the board shall determine. Whenever bonds
10 are sold at a price less than par, they shall be sold at such
11 price and bear interest at such rate or rates that either the
12 true interest cost (yield) or the net interest rate, as may
13 be selected by the board, received upon the sale of such
14 bonds does not exceed the maximum interest rate permitted by
15 the Bond Authorization Act, as amended at the time of the
16 making of the contract.
17 Any bonds may be refunded or advance refunded upon such
18 terms as the board may determine for such term of years, not
19 exceeding 40 years, and in such principal amount, as may be
20 deemed necessary by the board. Any redemption premium
21 payable upon the redemption of bonds may be payable from the
22 proceeds of refunding bonds issued for the purpose of
23 refunding such bonds, from any lawfully available source or
24 from both refunding bond proceeds and such other sources.
25 The bonds or refunding bonds shall be obligations of the
26 board payable from the income, interest and dividends derived
27 from investments of the board, all as may be designated in
28 the resolution of the board authorizing the issuance of the
29 bonds. The bonds shall be secured as provided in the
30 authorizing resolution, which may, notwithstanding any other
31 provision of this Code, include a specific pledge or
32 assignment of and lien on or security interest in the income,
33 interest and dividends derived from investments of the board
34 and a specific pledge or assignment of and lien on or
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1 security interest in any funds, reserves or accounts
2 established or provided for by the resolution of the board
3 authorizing the issuance of the bonds. The bonds or refunding
4 bonds shall not be payable from any employer or employee
5 contributions derived from State appropriations nor
6 constitute obligations or indebtedness of the State of
7 Illinois or of any municipal corporation or other body
8 politic and corporate in the State.
9 The holder or holders of any bonds issued by the board
10 may bring suits at law or proceedings in equity to compel the
11 performance and observance by the board or any of its agents
12 or employees of any contract or covenant made with the
13 holders of the bonds, to compel the board or any of its
14 agents or employees to perform any duties required to be
15 performed for the benefit of the holders of the bonds by the
16 provisions of the resolution authorizing their issuance, and
17 to enjoin the board or any of its agents or employees from
18 taking any action in conflict with any such contract or
19 covenant.
20 Notwithstanding the provisions of Section 15-188 of this
21 Code, if the board fails to pay the principal of, premium, if
22 any, or interest on any of the bonds as they become due, a
23 civil action to compel payment may be instituted in the
24 appropriate circuit court by the holder or holders of the
25 bonds upon which such default exists or by a trustee acting
26 on behalf of the holders.
27 No bonds may be issued under this Section until a copy of
28 the resolution of the board authorizing such bonds, certified
29 by the secretary of the board, has been filed with the
30 Governor of the State of Illinois.
31 "Bonds" means any instrument evidencing the obligation to
32 pay money, including without limitation bonds, notes,
33 installment or financing contracts, leases, certificates,
34 warrants, and any other evidences of indebtedness.
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1 "Project" means the acquisition, construction, equipping,
2 improving, expanding and furnishing of any office building
3 for the use of the system, including any real estate or
4 interest in real estate necessary or useful in connection
5 therewith.
6 "Cost of any project" includes all capital costs of the
7 project, an amount for expenses of issuing any bonds to
8 finance such project, including underwriter's discount and
9 costs of bond insurance or other credit enhancement, an
10 amount necessary to provide for a reserve fund for the
11 payment of the principal of and interest on such bonds and an
12 amount to pay interest on such bonds for a period not to
13 exceed the greater of 2 years or a period ending 6 months
14 after the estimated date of completion of the project.
15 (Source: P.A. 86-1034.)
16 (40 ILCS 5/15-168.1 new)
17 Sec. 15-168.1. Testimony and the production of records.
18 The secretary of the Board shall have the power to issue
19 subpoenas to compel the attendance of witnesses and the
20 production of documents and records, including law
21 enforcement records maintained by law enforcement agencies,
22 in conjunction with a disability claim, administrative review
23 proceedings, or felony forfeiture investigation. The fees of
24 witnesses for attendance and travel shall be the same as the
25 fees of witnesses before the circuit courts of this State and
26 shall be paid by the party seeking the subpoena. The Board
27 may apply to any circuit court in the State for an order
28 requiring compliance with a subpoena issued under this
29 Section. Subpoenas issued under this Section shall be
30 subject to applicable provisions of the Code of Civil
31 Procedure.
32 (40 ILCS 5/15-185) (from Ch. 108 1/2, par. 15-185)
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1 Sec. 15-185. Annuities, etc. Exempt. The accumulated
2 employee and employer contributions shall be held in trust
3 for each participant and annuitant, and this trust shall be
4 treated as a spendthrift trust. Except as provided in this
5 Article, all cash, securities and other property of this
6 system, all annuities and other benefits payable under this
7 Article and all accumulated credits of participants and
8 annuitants in this system and the right of any person to
9 receive an annuity or other benefit under this Article, or a
10 refund of contributions, shall not be subject to judgment,
11 execution, garnishment, attachment, or other seizure by
12 process, in bankruptcy or otherwise, nor to sale, pledge,
13 mortgage or other alienation, and shall not be assignable.
14 The board, however, may deduct from the benefits, refunds and
15 credits payable to the participant, annuitant or beneficiary,
16 amounts owed by the participant or annuitant to the system.
17 No attempted sale, transfer or assignment of any benefit,
18 refund or credit shall prevent the right of the board to make
19 the deduction and offset authorized in this Section. Any
20 participant or annuitant may authorize the board to deduct
21 from disability benefits or annuities, premiums due under any
22 group hospital-surgical insurance program which is sponsored
23 or approved by any employer; however, the deductions from
24 disability benefits may not begin prior to 6 months after the
25 disability occurs.
26 A person receiving an annuity or benefit may also
27 authorize withholding from such annuity or benefit for the
28 purposes enumerated in the State Salary and Annuity
29 Withholding Act.
30 This amendatory Act of 1989 is a clarification of
31 existing law and shall be applicable to every participant and
32 annuitant without regard to whether status as an employee
33 terminates before the effective date of this amendatory Act
34 of 1989.
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1 (Source: P.A. 86-273; 86-1488.)
2 (40 ILCS 5/15-190) (from Ch. 108 1/2, par. 15-190)
3 Sec. 15-190. Persons under legal disability. If a person
4 is under legal disability when any right or privilege accrues
5 to him or her under this Article, a guardian may be appointed
6 pursuant to law, and may, on behalf of such person, claim and
7 exercise any such right or privilege with the same force and
8 effect as if the person had not been under a legal disability
9 and had claimed or exercised such right or privilege.
10 If a person's application for benefits or a physician's
11 certificate on file with the board shows that the person is
12 under a legal disability, and no guardian has been appointed
13 for his or her estate, the benefits payable under this
14 Article may be paid (1) directly to the person under legal
15 disability, or (2) to either parent of the person under legal
16 disability or any adult person with whom the person under
17 legal disability may at the time be living, provided only
18 that such parent or adult person to whom any amount is to be
19 paid shall have advised the board in writing that such amount
20 will be held or used for the benefit of the person under
21 legal disability, or (3) to the trustee of any trust created
22 for the sole benefit of the person under legal disability
23 while that person is living, provided only that the trustee
24 of such trust to whom any amount is to be paid shall have
25 advised the board in writing that such amount will be held or
26 used for the benefit of the person under legal disability.
27 The system shall not be required to determine the validity of
28 the trust or any of the terms thereof. The representation of
29 the trustee that the trust meets the requirements of this
30 Section shall be conclusive as to the system. The written
31 receipt of the person under legal disability or the other
32 person who receives such payment shall be an absolute
33 discharge of the system's liability in respect of the amount
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1 so paid.
2 (Source: P.A. 86-1488.)
3 (40 ILCS 5/15-191) (from Ch. 108 1/2, par. 15-191)
4 Sec. 15-191. Payment of benefits to minors. If any
5 benefits under this Article become payable to a minor, the
6 board may make payment (1) directly to the minor, (2) to any
7 person who has legally qualified and is acting as guardian of
8 the minor's person or property in any jurisdiction, or (3) to
9 either parent of the minor or to any adult person with whom
10 the minor may at the time be living, provided only that the
11 parent or other person to whom any amount is to be paid shall
12 have advised the board in writing that such amount will be
13 held or used for the benefit of the minor, or (4) to the
14 trustee of any trust created for the sole benefit of the
15 minor while that minor is living, provided only that the
16 trustee of such trust to whom any amount is to be paid shall
17 have advised the board in writing that such amount will be
18 held or used for the benefit of the minor. The system shall
19 not be required to determine the validity of the trust or any
20 of the terms thereof. The representation of the trustee that
21 the trust meets the requirements of this Section shall be
22 conclusive as to the system. The written receipt of the
23 minor, parent, trustee, or other person who receives such
24 payment shall be an absolute discharge of the system's
25 liability in respect of the amount so paid.
26 (Source: P.A. 83-1440.)
27 (40 ILCS 5/16-140) (from Ch. 108 1/2, par. 16-140)
28 Sec. 16-140. Survivors' benefits - definitions.
29 (a) For the purpose of Sections 16-138 through 16-143.2,
30 the following terms shall have the following meanings, unless
31 the context otherwise requires:
32 (1) "Average salary": the average salary for the highest
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1 4 consecutive years within the last 10 years of creditable
2 service immediately preceding date of death or retirement,
3 whichever is applicable, or the average salary for the total
4 creditable service if service is less than 4 years.
5 (2) "Member": any teacher included in the membership of
6 the system. However, a teacher who becomes an annuitant of
7 the system or a teacher whose services terminate after 20
8 years of service from any cause other than retirement is
9 considered a member, subject to the conditions and
10 limitations stated in this Article.
11 (3) "Dependent beneficiary": (A) a surviving spouse of a
12 member or annuitant who was married to the member or
13 annuitant for the 12 month period immediately preceding and
14 on the date of death of such member or annuitant, except
15 where a child is born of such marriage, in which case the
16 qualifying period shall not be applicable; (A-1) a surviving
17 spouse of a member or annuitant who (i) was married to the
18 member or annuitant on the date of the member or annuitant's
19 death, (ii) was married to the member or annuitant for a
20 period of at least 12 months (but not necessarily the 12
21 months immediately preceding the member or annuitant's
22 death), (iii) first applied for a survivor's benefit before
23 April January 1, 1997 1994, and (iv) has not received a
24 benefit under subsection (a) of Section 16-141 or paragraph
25 (1) of Section 16-142; (B) an eligible child of a member or
26 annuitant; and (C) a dependent parent.
27 Unless otherwise designated by the member, eligibility
28 for benefits shall be in the order named, except that a
29 dependent parent shall be eligible only if there is no other
30 dependent beneficiary. Any benefit to be received by or paid
31 to a dependent beneficiary to be determined under this
32 paragraph as provided in Sections 16-141 and 16-142 may be
33 received by or paid to a trust established for such dependent
34 beneficiary if such dependent beneficiary is living at the
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1 time such benefit would be received by or paid to such trust.
2 (4) "Eligible child": an unmarried natural or adopted
3 child of the member or annuitant under age 18. An unmarried
4 natural or adopted child, regardless of age, who is dependent
5 by reason of a physical or mental disability, except any such
6 child receiving benefits under Article III of the Illinois
7 Public Aid Code, is eligible for so long as such physical or
8 mental disability continues. An adopted child, however, is
9 eligible only if the proceedings for adoption were finalized
10 while the child was a minor.
11 For purposes of this subsection, "disability" means an
12 inability to engage in any substantial gainful activity by
13 reason of any medically determinable physical or mental
14 impairment which can be expected to result in death or which
15 has lasted or can be expected to last for a continuous period
16 of not less than 12 months.
17 (5) "Dependent parent": a parent who was receiving at
18 least 1/2 of his or her support from a member or annuitant
19 for the 12-month period immediately preceding and on the date
20 of such member's or annuitant's death, provided however, that
21 such dependent status terminates upon a member's acceptance
22 of a refund for survivor benefit contributions as provided
23 under Section 16-142.
24 (6) "Non-dependent beneficiary": any person,
25 organization or other entity designated by the member who
26 does not qualify as a dependent beneficiary.
27 (7) "In service": the condition of a member being in
28 receipt of salary as a teacher at any time within 12 months
29 immediately before his or her death, being on leave of
30 absence for which the member, upon return to teaching, would
31 be eligible to purchase service credit under subsection
32 (b)(5) of Section 16-127, or being in receipt of a disability
33 or occupational disability benefit. This term does not
34 include any annuitant or member who previously accepted a
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1 refund of survivor benefit contributions under paragraph (1)
2 of Section 16-142 unless the conditions specified in
3 subsection (b) of Section 16-143.2 are met.
4 (b) The change to this Section made by this amendatory
5 Act of 1997 applies without regard to whether the deceased
6 member or annuitant was in service on or after the effective
7 date of this amendatory Act.
8 (Source: P.A. 89-430, eff. 12-15-95.)
9 (40 ILCS 5/16-163) (from Ch. 108 1/2, par. 16-163)
10 Sec. 16-163. Board created. A board of 10 members
11 constitutes a board of trustees authorized to carry out the
12 provisions of this Article and is responsible for the general
13 administration of the system. The board is known as the
14 Board of Trustees of the Teachers' Retirement System of the
15 State of Illinois. The board is composed of the
16 Superintendent of Education, ex-officio, who shall be the
17 president of the board; 4 persons, not members of the system,
18 to be appointed by the Governor, who shall hold no elected
19 other State office; and 4 teachers, as defined in Section
20 16-106, elected by the contributing members; and one
21 annuitant member elected by the annuitants of the system, as
22 provided in Section 16-165.
23 (Source: P.A. 84-1028.)
24 Section 3. The Counties Code is amended by changing
25 Sections 3-7002, 3-7005, and 3-15012 as follows:
26 (55 ILCS 5/3-7002) (from Ch. 34, par. 3-7002)
27 Sec. 3-7002. Cook County Sheriff's Merit Board. There is
28 created the Cook County Sheriff's Merit Board, hereinafter
29 called the Board, consisting of 5 members appointed by the
30 Sheriff with the advice and consent of the county board,
31 except that on and after the effective date of this
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1 amendatory Act of 1997, the Sheriff may appoint two
2 additional members, with the advice and consent of the county
3 board, at his or her discretion. Of the members first
4 appointed, one shall serve until the third Monday in March,
5 1965 one until the third Monday in March, 1967, and one until
6 the third Monday in March, 1969. Of the 2 additional members
7 first appointed under authority of this amendatory Act of
8 1991, one shall serve until the third Monday in March, 1995,
9 and one until the third Monday in March, 1997.
10 Upon the expiration of the terms of office of those first
11 appointed (including the 2 additional members first appointed
12 under authority of this amendatory Act of 1991), their
13 respective successors shall be appointed to hold office from
14 the third Monday in March of the year of their respective
15 appointments for a term of 6 years and until their successors
16 are appointed and qualified for a like term. As additional
17 members are appointed under authority of this amendatory Act
18 of 1997, their terms shall be set to be staggered
19 consistently with the terms of the existing Board members. No
20 more than 3 members of the Board shall be affiliated with the
21 same political party, except that as additional members are
22 appointed by the Sheriff under authority of this amendatory
23 Act of 1997, the political affiliation of the Board shall be
24 such that no more than one-half of the members plus one
25 additional member may be affiliated with the same political
26 party. No , nor shall any member shall have held or have
27 been a candidate for an elective public office within one
28 year preceding his or her appointment.
29 The Sheriff may deputize members of the Board.
30 (Source: P.A. 86-962; 86-1028; 87-534.)
31 (55 ILCS 5/3-7005) (from Ch. 34, par. 3-7005)
32 Sec. 3-7005. Meetings. As soon as practicable after the
33 members of the Board have been appointed, they shall meet,
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1 upon the call of the Sheriff, and shall organize by selecting
2 a chairman and a secretary. The initial chairman and
3 secretary, and their successors, shall be selected by the
4 Board from among its members for a term of 2 years or for the
5 remainder of their term of office as a member of the Board,
6 whichever is the shorter. Two members of the Board shall
7 constitute a quorum for the transaction of business, except
8 that as additional members are appointed under authority of
9 this amendatory Act of 1997, the number of members that must
10 be present to constitute a quorum shall be the number of
11 members that constitute at least 40% of the Board. The Board
12 shall hold regular quarterly meetings and such other meetings
13 as may be called by the chairman.
14 (Source: P.A. 86-962.)
15 (55 ILCS 5/3-15012) (from Ch. 34, par. 3-15012)
16 Sec. 3-15012. Executive Director. The Sheriff shall
17 appoint a an Executive Director to act as the chief
18 executive and administrative officer of the Department. The
19 Executive Director shall be appointed by the Sheriff from a
20 list of 3 persons nominated by the members of the Board. He
21 or she shall serve at the pleasure of the Sheriff. If the
22 Executive Director is removed, the Board shall nominate 3
23 persons, one of whom shall be selected by the Sheriff to
24 serve as Executive Director. The Executive Director's
25 compensation is determined by the County Board.
26 (Source: P.A. 86-962.)
27 Section 5. The Metropolitan Water Reclamation District
28 Act is amended by changing Section 5.9 as follows:
29 (70 ILCS 2605/5.9) (from Ch. 42, par. 324s)
30 Sec. 5.9. The board of trustees shall, at any time after
31 March 1 the first half of each fiscal year, have power, by a
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1 two-thirds vote of all the members of such body, to authorize
2 the making of transfers within a department or between
3 departments of sums of money appropriated for one corporate
4 object or function to another corporate object or function.
5 Any such action by the board of trustees shall be entered in
6 the proceedings of the board. No appropriation for any object
7 or function shall be reduced below an amount sufficient to
8 cover all unliquidated and outstanding contracts or
9 obligations certified from or against the appropriation for
10 such purpose.
11 (Source: P.A. 86-399; 86-520; 86-1028.)
12 Section 95. The State Mandates Act is amended by adding
13 Section 8.21 as follows:
14 (30 ILCS 805/8.21 new)
15 Sec. 8.21. Exempt mandate. Notwithstanding Sections 6
16 and 8 of this Act, no reimbursement by the State is required
17 for the implementation of any mandate created by this
18 amendatory Act of 1997.
19 Section 97. No acceleration or delay. Where this Act
20 makes changes in a statute that is represented in this Act by
21 text that is not yet or no longer in effect (for example, a
22 Section represented by multiple versions), the use of that
23 text does not accelerate or delay the taking effect of (i)
24 the changes made by this Act or (ii) provisions derived from
25 any other Public Act.
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.