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92_SB0803 LRB9208102LDcs 1 AN ACT in relation to public employee benefits. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Pension Code is amended by 5 changing Sections 8-120, 8-137, 8-138, 8-150.1, 8-158, 8-161, 6 8-168, 8-171, 11-134, 11-134.1, 11-145.1, 11-153, 11-156, 7 11-164, and 11-167 as follows: 8 (40 ILCS 5/8-120) (from Ch. 108 1/2, par. 8-120) 9 Sec. 8-120. Child or children. "Child" or "children": 10 The natural child or children, or any child or children 11 legally adopted by an employee at least one year prior to the 12 date any benefit for the child or children accrues, and so13adopted prior to the date the employee attained age 55. 14 (Source: P.A. 84-1028.) 15 (40 ILCS 5/8-137) (from Ch. 108 1/2, par. 8-137) 16 Sec. 8-137. Automatic increase in annuity. 17 (a) An employee who retired or retires from service 18 after December 31, 1959 and before January 1, 1987, having 19 attained age 60 or more, shall, in January of the year after 20 the year in which the first anniversary of retirement occurs, 21 have the amount of his then fixed and payable monthly annuity 22 increased by 1 1/2%, and such first fixed annuity as granted 23 at retirement increased by a further 1 1/2% in January of 24 each year thereafter. Beginning with January of the year 25 1972, such increases shall be at the rate of 2% in lieu of 26 the aforesaid specified 1 1/2%, and beginning with January of 27 the year 1984 such increases shall be at the rate of 3%. 28 Beginning in January of 1999, such increases shall be at the 29 rate of 3% of the currently payable monthly annuity, 30 including any increases previously granted under this -2- LRB9208102LDcs 1 Article. An employee who retires on annuity after December 2 31, 1959 and before January 1, 1987, but before age 60, shall 3 receive such increases beginning in January of the year after 4 the year in which he attains age 60. 5 An employee who retires from service on or after January 6 1, 1987 shall, upon the first annuity payment date following 7 the first anniversary of the date of retirement, or upon the 8 first annuity payment date following attainment of age 60, 9 whichever occurs later, have his then fixed and payable 10 monthly annuity increased by 3%, and such annuity shall be 11 increased by an additional 3% of the original fixed annuity 12 on the same date each year thereafter. Beginning in January 13 of 1999, such increases shall be at the rate of 3% of the 14 currently payable monthly annuity, including any increases 15 previously granted under this Article. 16 (a-5) Notwithstanding the provisions of subsection (a), 17 upon the first annuity payment date following (1) the third 18 anniversary of retirement, (2) the attainment of age 53, or 19 (3) the date 60 days after the effective date of this 20 amendatory Act of the 92nd General Assembly, whichever occurs 21 latest, the monthly pension of an employee who retires on 22 annuity prior to the attainment of age 60 who has not 23 received an increase under subsection (a) shall be increased 24 by 3%, and such annuity shall be increased by an additional 25 3% of the current payable monthly annuity, including such 26 increases previously granted under this Article, on the same 27 date each year thereafter. The increases provided under this 28 subsection are in lieu of the increases provided in 29 subsection (a). 30 (b) Subsections (a) and (a-5) areThe foregoing31provision isnot applicable to an employee retiring and 32 receiving a term annuity, as herein defined, nor to any 33 otherwise qualified employee who retires before he makes 34 employee contributions (at the 1/2 of 1% rate as provided in -3- LRB9208102LDcs 1 this Act) for this additional annuity for not less than the 2 equivalent of one full year. Such employee, however, shall 3 make arrangement to pay to the fund a balance of such 1/2 of 4 1% contributions, based on his final salary, as will bring 5 such 1/2 of 1% contributions, computed without interest, to 6 the equivalent of or completion of one year's contributions. 7 Beginning with January, 1960, each employee shall 8 contribute by means of salary deductions 1/2 of 1% of each 9 salary payment, concurrently with and in addition to the 10 employee contributions otherwise made for annuity purposes. 11 Each such additional contribution shall be credited to an 12 account in the prior service annuity reserve, to be used, 13 together with city contributions, to defray the cost of the 14 specified annuity increments. Any balance in such account at 15 the beginning of each calendar year shall be credited with 16 interest at the rate of 3% per annum. 17 Such additional employee contributions are not 18 refundable, except to an employee who withdraws and applies 19 for refund under this Article, and in cases where a term 20 annuity becomes payable. In such cases his contributions 21 shall be refunded, without interest, and charged to such 22 account in the prior service annuity reserve. 23 (Source: P.A. 90-766, eff. 8-14-98.) 24 (40 ILCS 5/8-138) (from Ch. 108 1/2, par. 8-138) 25 Sec. 8-138. Minimum annuities - Additional provisions. 26 (a) An employee who withdraws after age 65 or more with 27 at least 20 years of service, for whom the amount of age and 28 service and prior service annuity combined is less than the 29 amount stated in this Section, shall from the date of 30 withdrawal, instead of all annuities otherwise provided, be 31 entitled to receive an annuity for life of $150 a year, plus 32 1 1/2% for each year of service, to and including 20 years, 33 and 1 2/3% for each year of service over 20 years, of his -4- LRB9208102LDcs 1 highest average annual salary for any 4 consecutive years 2 within the last 10 years of service immediately preceding the 3 date of withdrawal. 4 An employee who withdraws after 20 or more years of 5 service, before age 65, shall be entitled to such annuity, to 6 begin not earlier than upon attained age of 55 years if under 7 such age at withdrawal, reduced by 2% for each full year or 8 fractional part thereof that his attained age is less than 9 65, plus an additional 2% reduction for each full year or 10 fractional part thereof that his attained age when annuity is 11 to begin is less than 60 so that the total reduction at age 12 55 shall be 30%. 13 (b) An employee who withdraws after July 1, 1957, at age 14 60 or over, with 20 or more years of service, for whom the 15 age and service and prior service annuity combined, is less 16 than the amount stated in this paragraph, shall, from the 17 date of withdrawal, instead of such annuities, be entitled to 18 receive an annuity for life equal to 1 2/3% for each year of 19 service, of the highest average annual salary for any 5 20 consecutive years within the last 10 years of service 21 immediately preceding the date of withdrawal; provided, that 22 in the case of any employee who withdraws on or after July 1, 23 1971, such employee age 60 or over with 20 or more years of 24 service, shall receive an annuity for life equal to 1.67% for 25 each of the first 10 years of service; 1.90% for each of the 26 next 10 years of service; 2.10% for each year of service in 27 excess of 20 but not exceeding 30; and 2.30% for each year of 28 service in excess of 30, based on the highest average annual 29 salary for any 4 consecutive years within the last 10 years 30 of service immediately preceding the date of withdrawal. 31 An employee who withdraws after July 1, 1957 and before 32 January 1, 1988, with 20 or more years of service, before age 33 60 years is entitled to annuity, to begin not earlier than 34 upon attained age of 55 years, if under such age at -5- LRB9208102LDcs 1 withdrawal, as computed in the last preceding paragraph, 2 reduced 0.25% for each full month or fractional part thereof 3 that his attained age when annuity is to begin is less than 4 60 if the employee was born before January 1, 1936, or 0.5% 5 for each such month if the employee was born on or after 6 January 1, 1936. 7 Any employee born before January 1, 1936, who withdraws 8 with 20 or more years of service, and any employee with 20 or 9 more years of service who withdraws on or after January 1, 10 1988, may elect to receive, in lieu of any other employee 11 annuity provided in this Section, an annuity for life equal 12 to 1.80% for each of the first 10 years of service, 2.00% for 13 each of the next 10 years of service, 2.20% for each year of 14 service in excess of 20 but not exceeding 30, and 2.40% for 15 each year of service in excess of 30, of the highest average 16 annual salary for any 4 consecutive years within the last 10 17 years of service immediately preceding the date of 18 withdrawal, to begin not earlier than upon attained age of 55 19 years, if under such age at withdrawal, reduced 0.25% for 20 each full month or fractional part thereof that his attained 21 age when annuity is to begin is less than 60; except that an 22 employee retiring on or after January 1, 1988, at age 55 or 23 over but less than age 60, having at least 35 years of 24 service, or an employee retiring on or after July 1, 1990, at 25 age 55 or over but less than age 60, having at least 30 years 26 of service, or an employee retiring on or after the effective 27 date of this amendatory Act of 1997, at age 55 or over but 28 less than age 60, having at least 25 years of service, shall 29 not be subject to the reduction in retirement annuity because 30 of retirement below age 60. 31 However, in the case of an employee who retired on or 32 after January 1, 1985 but before January 1, 1988, at age 55 33 or older and with at least 35 years of service, and who was 34 subject under this subsection (b) to the reduction in -6- LRB9208102LDcs 1 retirement annuity because of retirement below age 60, that 2 reduction shall cease to be effective January 1, 1991, and 3 the retirement annuity shall be recalculated accordingly. 4 Any employee who withdraws on or after July 1, 1990, with 5 20 or more years of service, may elect to receive, in lieu of 6 any other employee annuity provided in this Section, an 7 annuity for life equal to 2.20% for each year of service if 8 withdrawal is before 60 days after the effective date of this 9 amendatory Act of the 92nd General Assembly, or 2.40% for 10 each year of service if withdrawal is 60 days after the 11 effective date of this amendatory Act of the 92nd General 12 Assembly or later, of the highest average annual salary for 13 any 4 consecutive years within the last 10 years of service 14 immediately preceding the date of withdrawal, to begin not 15 earlier than upon attained age of 55 years, if under such age 16 at withdrawal, reduced 0.25% for each full month or 17 fractional part thereof that his attained age when annuity is 18 to begin is less than 60; except that an employee retiring at 19 age 55 or over but less than age 60, having at least 30 years 20 of service, shall not be subject to the reduction in 21 retirement annuity because of retirement 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, if withdrawal is before 27 60 days after the effective date of this amendatory Act of 28 the 92nd General Assembly, or 2.40% for each year of service 29 if withdrawal is 60 days after the effective date of this 30 amendatory Act of the 92nd General Assembly or later, of the 31 highest average annual salary for any 4 consecutive years 32 within the last 10 years of service immediately preceding the 33 date of withdrawal, to begin not earlier than upon attainment 34 of age 55 (age 50 if the employee has at least 30 years of -7- LRB9208102LDcs 1 service), reduced 0.25% for each full month or remaining 2 fractional part thereof that the employee's attained age when 3 annuity is to begin is less than 60; except that an employee 4 retiring at age 50 or over with at least 30 years of service 5 or at age 55 or over with at least 25 years of service shall 6 not be subject to the reduction in retirement annuity because 7 of retirement below age 60. 8 The maximum annuity payable under part (a) and (b) of 9 this Section shall not exceed 70% of highest average annual 10 salary in the case of an employee who withdraws prior to July 11 1, 1971,and75% if withdrawal takes place on or after July 12 1, 1971 and prior to 60 days after the effective date of this 13 amendatory Act of the 92nd General Assembly, or 80% if 14 withdrawal is 60 days after the effective date of this 15 amendatory Act of the 92nd General Assembly or later. For the 16 purpose of the minimum annuity provided in this Section 17 $1,500 is considered the minimum annual salary for any year; 18 and the maximum annual salary for the computation of such 19 annuity is $4,800 for any year before 1953, $6000 for the 20 years 1953 to 1956, inclusive, and the actual annual salary, 21 as salary is defined in this Article, for any year 22 thereafter. 23 To preserve rights existing on December 31, 1959, for 24 participants and contributors on that date to the fund 25 created by the Court and Law Department Employees' Annuity 26 Act, who became participants in the fund provided for on 27 January 1, 1960, the maximum annual salary to be considered 28 for such persons for the years 1955 and 1956 is $7,500. 29 (c) For an employee receiving disability benefit, his 30 salary for annuity purposes under paragraphs (a) and (b) of 31 this Section, for all periods of disability benefit 32 subsequent to the year 1956, is the amount on which his 33 disability benefit was based. 34 (d) An employee with 20 or more years of service, whose -8- LRB9208102LDcs 1 entire disability benefit credit period expires before 2 attainment of age 55 while still disabled for service, is 3 entitled upon withdrawal to the larger of (1) the minimum 4 annuity provided above, assuming he is then age 55, and 5 reducing such annuity to its actuarial equivalent as of his 6 attained age on such date or (2) the annuity provided from 7 his age and service and prior service annuity credits. 8 (e) The minimum annuity provisions do not apply to any 9 former municipal employee receiving an annuity from the fund 10 who re-enters service as a municipal employee, unless he 11 renders at least 3 years of additional service after the date 12 of re-entry. 13 (f) An employee in service on July 1, 1947, or who 14 became a contributor after July 1, 1947 and before attainment 15 of age 70, who withdraws after age 65, with less than 20 16 years of service for whom the annuity has been fixed under 17 this Article shall, instead of the annuity so fixed, receive 18 an annuity as follows: 19 Such amount as he could have received had the accumulated 20 amounts for annuity been improved with interest at the 21 effective rate to the date of his withdrawal, or to 22 attainment of age 70, whichever is earlier, and had the city 23 contributed to such earlier date for age and service annuity 24 the amount that it would have contributed had he been under 25 age 65, after the date his annuity was fixed in accordance 26 with this Article, and assuming his annuity were computed 27 from such accumulations as of his age on such earlier date. 28 The annuity so computed shall not exceed the annuity which 29 would be payable under the other provisions of this Section 30 if the employee was credited with 20 years of service and 31 would qualify for annuity thereunder. 32 (g) Instead of the annuity provided in this Article, an 33 employee having attained age 65 with at least 15 years of 34 service who withdraws from service on or after July 1, 1971 -9- LRB9208102LDcs 1 and whose annuity computed under other provisions of this 2 Article is less than the amount provided under this 3 paragraph, is entitled to a minimum annuity for life equal to 4 1% of the highest average annual salary, as salary is defined 5 and limited in this Section for any 4 consecutive years 6 within the last 10 years of service for each year of service, 7 plus the sum of $25 for each year of service. The annuity 8 shall not exceed 60% of such highest average annual salary. 9 (g-1) Instead of any other retirement annuity provided 10 in this Article, an employee who has at least 10 years of 11 service and withdraws from service on or after January 1, 12 1999 may elect to receive a retirement annuity for life, 13 beginning no earlier than upon attainment of age 60, equal to 14 2.2% if withdrawal is before 60 days after the effective date 15 of this amendatory Act of the 92nd General Assembly or 2.4% 16 if withdrawal is 60 days after the effective date of this 17 amendatory Act of the 92nd General Assembly or later, of 18 final average salary for each year of service, subject to a 19 maximum of 75% of final average salary if withdrawal is 20 before 60 days after the effective date of this amendatory 21 Act of the 92nd General Assembly, or 80% if withdrawal is 60 22 days after the effective date of this amendatory Act of the 23 92nd General Assembly or later. For the purpose of 24 calculating this annuity, "final average salary" means the 25 highest average annual salary for any 4 consecutive years in 26 the last 10 years of service. 27 (h) The minimum annuities provided under this Section 28 shall be paid in equal monthly installments. 29 (i) The amendatory provisions of part (b) and (g) of 30 this Section shall be effective July 1, 1971 and apply in the 31 case of every qualifying employee withdrawing on or after 32 July 1, 1971. 33 (j) The amendatory provisions of this amendatory Act of 34 1985 (P.A. 84-23) relating to the discount of annuity because -10- LRB9208102LDcs 1 of retirement prior to attainment of age 60, and to the 2 retirement formula, for those born before January 1, 1936, 3 shall apply only to qualifying employees withdrawing on or 4 after July 18, 1985. 5 (k) Beginning on January 1, 1999, the minimum amount of 6 employee's annuity shall be $850 per month for life for the 7 following classes of employees, without regard to the fact 8 that withdrawal occurred prior to the effective date of this 9 amendatory Act of 1998: 10 (1) any employee annuitant alive and receiving a 11 life annuity on the effective date of this amendatory Act 12 of 1998, except a reciprocal annuity; 13 (2) any employee annuitant alive and receiving a 14 term annuity on the effective date of this amendatory Act 15 of 1998, except a reciprocal annuity; 16 (3) any employee annuitant alive and receiving a 17 reciprocal annuity on the effective date of this 18 amendatory Act of 1998, whose service in this fund is at 19 least 5 years; 20 (4) any employee annuitant withdrawing after age 60 21 on or after the effective date of this amendatory Act of 22 1998, with at least 10 years of service in this fund. 23 The increases granted under items (1), (2) and (3) of 24 this subsection (k) shall not be limited by any other Section 25 of this Act. 26 (Source: P.A. 90-32, eff. 6-27-97; 90-511, eff. 8-22-97; 27 90-766, eff. 8-14-98.) 28 (40 ILCS 5/8-150.1) (from Ch. 108 1/2, par. 8-150.1) 29 Sec. 8-150.1. Minimum annuities for widows. The widow 30 (otherwise eligible for widow's annuity under other Sections 31 of this Article 8) of an employee hereinafter described, who 32 retires from service or dies while in the service subsequent 33 to the effective date of this amendatory provision, and for -11- LRB9208102LDcs 1 which widow the amount of widow's annuity and widow's prior 2 service annuity combined, fixed or provided for such widow 3 under other provisions of this Article is less than the 4 amount provided in this Section, shall, from and after the 5 date her otherwise provided annuity would begin, in lieu of 6 such otherwise provided widow's and widow's prior service 7 annuity, be entitled to the following indicated amount of 8 annuity: 9 (a) The widow of any employee who dies while in service 10 on or after the date on which he attains age 60 if the death 11 occurs before July 1, 1990, or on or after the date on which 12 he attains age 55 if the death occurs on or after July 1, 13 1990, with at least 20 years of service, or on or after the 14 date on which he attains age 50 if the death occurs on or 15 after the effective date of this amendatory Act of 1997 with 16 at least 30 years of service, shall be entitled to an annuity 17 equal to one-half of the amount of annuity which her deceased 18 husband would have been entitled to receive had he withdrawn 19 from the service on the day immediately preceding the date of 20 his death, conditional upon such widow having attained the 21 age of 60 or more years on such date if the death occurs 22 before July 1, 1990, or age 55 or more if the death occurs on 23 or after July 1, 1990, or age 50 or more if the death occurs 24 on or after January 1, 1998 and the employee is age 50 or 25 over with at least 30 years of service or age 55 or over with 26 at least 25 years of service. Except as provided in 27 subsection (k), this widow's annuity shall not, however, 28 exceed the sum of $500 a month if the employee's death in 29 service occurs before January 23, 1987. The widow's annuity 30 shall not be limited to a maximum dollar amount if the 31 employee's death in service occurs on or after January 23, 32 1987. 33 If the employee dies in service before July 1, 1990, and 34 if such widow of such described employee shall not be 60 or -12- LRB9208102LDcs 1 more years of age on such date of death, the amount provided 2 in the immediately preceding paragraph for a widow 60 or more 3 years of age, shall, in the case of such younger widow, be 4 reduced by 0.25% for each month that her then attained age is 5 less than 60 years if the employee was born before January 1, 6 1936 or dies in service on or after January 1, 1988, or by 7 0.5% for each month that her then attained age is less than 8 60 years if the employee was born on or after July 1, 1936 9 and dies in service before January 1, 1988. 10 If the employee dies in service on or after July 1, 1990, 11 and if the widow of the employee has not attained age 55 on 12 or before the employee's date of death, the amount otherwise 13 provided in this subsection (a) shall be reduced by 0.25% for 14 each month that her then attained age is less than 55 years; 15 except that if the employee dies in service on or after 16 January 1, 1998 at age 50 or over with at least 30 years of 17 service or at age 55 or over with at least 25 years of 18 service, there shall be no reduction due to the widow's age 19 if she has attained age 50 on or before the employee's date 20 of death, and if the widow has not attained age 50 on or 21 before the employee's date of death the amount otherwise 22 provided in this subsection (a) shall be reduced by 0.25% for 23 each month that her then attained age is less than 50 years. 24 (b) The widow of any employee who dies subsequent to the 25 date of his retirement on annuity, and who so retired on or 26 after the date on which he attained the age of 60 or more 27 years if retirement occurs before July 1, 1990, or on or 28 after the date on which he attained age 55 if retirement 29 occurs on or after July 1, 1990, with at least 20 years of 30 service, or on or after the date on which he attained age 50 31 if the retirement occurs on or after the effective date of 32 this amendatory Act of 1997 with at least 30 years of 33 service, shall be entitled to an annuity equal to one-half of 34 the amount of annuity which her deceased husband received as -13- LRB9208102LDcs 1 of the date of his retirement on annuity, conditional upon 2 such widow having attained the age of 60 or more years on the 3 date of her husband's retirement on annuity if retirement 4 occurs before July 1, 1990, or age 55 or more if retirement 5 occurs on or after July 1, 1990, or age 50 or more if the 6 retirement on annuity occurs on or after January 1, 1998 and 7 the employee is age 50 or over with at least 30 years of 8 service or age 55 or over with at least 25 years of service. 9 Except as provided in subsection (k), this widow's annuity 10 shall not, however, exceed the sum of $500 a month if the 11 employee's death occurs before January 23, 1987. The widow's 12 annuity shall not be limited to a maximum dollar amount if 13 the employee's death occurs on or after January 23, 1987, 14 regardless of the date of retirement; provided that, if 15 retirement was before January 23, 1987, the employee or 16 eligible spouse repays the excess spouse refund with interest 17 at the effective rate from the date of refund to the date of 18 repayment. 19 If the date of the employee's retirement on annuity is 20 before July 1, 1990, and if such widow of such described 21 employee shall not have attained such age of 60 or more years 22 on such date of her husband's retirement on annuity, the 23 amount provided in the immediately preceding paragraph for a 24 widow 60 or more years of age on the date of her husband's 25 retirement on annuity, shall, in the case of such then 26 younger widow, be reduced by 0.25% for each month that her 27 then attained age was less than 60 years if the employee was 28 born before January 1, 1936 or withdraws from service on or 29 after January 1, 1988, or by 0.5% for each month that her 30 then attained age is less than 60 years if the employee was 31 born on or after January 1, 1936 and withdraws from service 32 before January 1, 1988. 33 If the date of the employee's retirement on annuity is on 34 or after July 1, 1990, and if the widow of the employee has -14- LRB9208102LDcs 1 not attained age 55 by the date of the employee's retirement 2 on annuity, the amount otherwise provided in this subsection 3 (b) shall be reduced by 0.25% for each month that her then 4 attained age is less than 55 years; except that if the 5 employee retires on annuity on or after January 1, 1998 at 6 age 50 or over with at least 30 years of service or at age 55 7 or over with at least 25 years of service, there shall be no 8 reduction due to the widow's age if she has attained age 50 9 on or before the employee's date of death, and if the widow 10 has not attained age 50 on or before the employee's date of 11 death the amount otherwise provided in this subsection (b) 12 shall be reduced by 0.25% for each month that her then 13 attained age is less than 50 years. 14 (c) The foregoing provisions relating to minimum 15 annuities for widows shall not apply to the widow of any 16 former municipal employee receiving an annuity from the fund 17 on August 9, 1965 or on the effective date of this amendatory 18 provision, who re-enters service as a municipal employee, 19 unless such employee renders at least 3 years of additional 20 service after the date of re-entry. 21 (d) In computing the amount of annuity which the husband 22 specified in the foregoing paragraphs (a) and (b) of this 23 Section would have been entitled to receive, or received, 24 such amount shall be the annuity to which such husband would 25 have been, or was entitled, before reduction in the amount of 26 his annuity for the purposes of the voluntary optional 27 reversionary annuity provided for in Sec. 8-139 of this 28 Article, if such option was elected. 29 (e) (Blank). 30 (f) (Blank). 31 (g) The amendatory provisions of this amendatory Act of 32 1985 relating to annuity discount because of age for widows 33 of employees born before January 1, 1936, shall apply only to 34 qualifying widows of employees withdrawing or dying in -15- LRB9208102LDcs 1 service on or after July 18, 1985. 2 (h) Beginning on January 1, 1999, the minimum amount of 3 widow's annuity shall be $800 per month for life for the 4 following classes of widows, without regard to the fact that 5 the death of the employee occurred prior to the effective 6 date of this amendatory Act of 1998: 7 (1) any widow annuitant alive and receiving a life 8 annuity on the effective date of this amendatory Act of 9 1998, except a reciprocal annuity; 10 (2) any widow annuitant alive and receiving a term 11 annuity on the effective date of this amendatory Act of 12 1998, except a reciprocal annuity; 13 (3) any widow annuitant alive and receiving a 14 reciprocal annuity on the effective date of this 15 amendatory Act of 1998, whose employee spouse's service 16 in this fund was at least 5 years; 17 (4) the widow of an employee with at least 10 years 18 of service in this fund who dies after retirement, if the 19 retirement occurred prior to the effective date of this 20 amendatory Act of 1998; 21 (5) the widow of an employee with at least 10 years 22 of service in this fund who dies after retirement, if 23 withdrawal occurs on or after the effective date of this 24 amendatory Act of 1998; 25 (6) the widow of an employee who dies in service 26 with at least 5 years of service in this fund, if the 27 death in service occurs on or after the effective date of 28 this amendatory Act of 1998. 29 The increases granted under items (1), (2), (3) and (4) 30 of this subsection (h) shall not be limited by any other 31 Section of this Act. 32 (i) The widow of an employee who retired or died in 33 service on or after January 1, 1985 and before July 1, 1990, 34 at age 55 or older, and with at least 35 years of service -16- LRB9208102LDcs 1 credit, shall be entitled to have her widow's annuity 2 increased, effective January 1, 1991, to an amount equal to 3 50% of the retirement annuity that the deceased employee 4 received on the date of retirement, or would have been 5 eligible to receive if he had retired on the day preceding 6 the date of his death in service, provided that if the widow 7 had not attained age 60 by the date of the employee's 8 retirement or death in service, the amount of the annuity 9 shall be reduced by 0.25% for each month that her then 10 attained age was less than age 60 if the employee's 11 retirement or death in service occurred on or after January 12 1, 1988, or by 0.5% for each month that her attained age is 13 less than age 60 if the employee's retirement or death in 14 service occurred prior to January 1, 1988. However, in cases 15 where a refund of excess contributions for widow's annuity 16 has been paid by the Fund, the increase in benefit provided 17 by this subsection (i) shall be contingent upon repayment of 18 the refund to the Fund with interest at the effective rate 19 from the date of refund to the date of payment. 20 (j) If a deceased employee is receiving a retirement 21 annuity at the time of death and that death occurs on or 22 after June 27, 1997, the widow may elect to receive, in lieu 23 of any other annuity provided under this Article, 50% of the 24 deceased employee's retirement annuity at the time of death 25 reduced by 0.25% for each month that the widow's age on the 26 date of death is less than 55; except that if the employee 27 dies on or after January 1, 1998 and withdrew from service on 28 or after June 27, 1997 at age 50 or over with at least 30 29 years of service or at age 55 or over with at least 25 years 30 of service, there shall be no reduction due to the widow's 31 age if she has attained age 50 on or before the employee's 32 date of death, and if the widow has not attained age 50 on or 33 before the employee's date of death the amount otherwise 34 provided in this subsection (j) shall be reduced by 0.25% for -17- LRB9208102LDcs 1 each month that her age on the date of death is less than 50 2 years. However, in cases where a refund of excess 3 contributions for widow's annuity has been paid by the Fund, 4 the benefit provided by this subsection (j) is contingent 5 upon repayment of the refund to the Fund with interest at the 6 effective rate from the date of refund to the date of 7 payment. 8 (k) For widows of employees who died before January 23, 9 1987 after retirement on annuity or in service, the maximum 10 dollar amount limitation on widow's annuity shall cease to 11 apply, beginning with the first annuity payment after the 12 effective date of this amendatory Act of 1997; except that if 13 a refund of excess contributions for widow's annuity has been 14 paid by the Fund, the increase resulting from this subsection 15 (k) shall not begin before the refund has been repaid to the 16 Fund, together with interest at the effective rate from the 17 date of the refund to the date of repayment. 18 (l) In lieu of any other annuity provided in this 19 Article, an eligible spouse of an employee who dies in 20 service at least 60 days after the effective date of this 21 amendatory Act of the 92nd General Assembly with at least 10 22 years of service shall be entitled to an annuity of 50% of 23 the minimum formula annuity earned and accrued to the credit 24 of the employee at the date of death. For the purposes of 25 this subsection, the minimum formula annuity earned and 26 accrued to the credit of the employee is equal to 2.40% for 27 each year of service of the highest average annual salary for 28 any 4 consecutive years within the last 10 years of service 29 immediately preceding the date of death, up to a maximum of 30 80% of the highest average annual salary. This annuity shall 31 not be reduced due to the age of the employee or spouse. In 32 addition to any other eligibility requirements under this 33 Article, the spouse is eligible for this annuity only if the 34 marriage was in effect for 10 full years or more. -18- LRB9208102LDcs 1 (Source: P.A. 90-32, eff. 6-27-97; 90-511, eff. 8-22-97; 2 90-766, eff. 8-14-98.) 3 (40 ILCS 5/8-158) (from Ch. 108 1/2, par. 8-158) 4 Sec. 8-158. Child's annuity. A child's annuity is 5 payable monthly after the death of an employee parent to the 6 child until the child's attainment of age 18, under the 7 following conditions, if the child was born before the 8 employee attained age 65, and before he withdrew from 9 service: 10 (a)upon death resulting from injury incurred in11the performance of an act of duty;12(b)upon death in service from any causeother than13injury incurred in the performance of an act of duty, if14the employee has at least 4 years of service after the15date of his original entry into service, and at least 216years after the date of his latest re-entry; 17 (b)(c)upon death of an employee who withdraws 18 from service after age 55 (or after age 50 with at least 19 30 years of service if withdrawal is on or after June 27, 20 1997) and who has entered upon or is eligible for 21 annuity. 22 Payment shall be made as provided in Section 8-125. 23 (Source: P.A. 90-31, eff. 6-27-97; 90-766, eff. 8-14-98.) 24 (40 ILCS 5/8-161) (from Ch. 108 1/2, par. 8-161) 25 Sec. 8-161. Ordinary disability benefit. An employee 26 while under age 65 and prior to January 1, 1979, or while 27 under age 70 and after January 1, 1979, who becomes disabled 28 after the effective date as the result of any cause other 29 than injury incurred in the performance of duty, shall be 30 entitled to ordinary disability benefit during such 31 disability, after the first 30 days thereof. 32 The first payment shall be made not later than one month -19- LRB9208102LDcs 1 after the benefit is granted and each subsequent payment 2 shall be made not later than one month after the last 3 preceding payment. 4 The disability benefit prescribed herein shall cease when 5 the first of the following dates shall occur and the 6 employee, if still disabled, shall thereafter be entitled to 7 such annuity as is otherwise provided in this Article: 8 (a) the date disability ceases. 9 (b) the date the disabled employee attains age 65 for 10 disability commencing prior to January 1, 1979. 11 (c) the date the disabled employee attains age 65 for 12 disability commencing prior to attainment of age 60 in the 13 service and after January 1, 1979. 14 (d) the date the disabled employee attains the age of 70 15 for disability commencing after attainment of age 60 in the 16 service and after January 1, 1979. 17 (e) the date the payments of the benefit shall exceed in 18 the aggregate, throughout the employee's service, a period 19 equal to 1/4 of the total service rendered prior to the date 20 of disability but in no event more than 5 years. In 21 computing such total service any period during which the 22 employee received ordinary disability benefit shall be 23 excluded. 24 Any employee whose ordinary disability benefit was 25 terminated after January 1, 1979 by reason of his attainment 26 of age 65 and who continues disabled after age 65 may elect 27 before July 1, 1986 to have such benefits resumed beginning 28 at the time of such termination and continuing until 29 termination is required under this Section as amended by this 30 amendatory Act of 1985. The amount payable to any employee 31 for such resumed benefit for any period shall be reduced by 32 the amount of any retirement annuity paid to such employee 33 under this Article for the same period of time or by any 34 refund paid in lieu of annuity. -20- LRB9208102LDcs 1 Ordinary disability benefit shall be 50% of the 2 employee's salary at the date of disability. 3 For ordinary disability benefits paid before January 1, 4 2002, before any payment, an amount equal tolessthe sum 5 ordinarily deducted from salary for all annuity purposes for 6 such period for which the ordinary disability benefit is made 7 shall be deducted from such payment and credited to the 8 employee as a deduction from salary for that period. The sums 9 so deducted shallbe credited to the employee and shallbe 10 regarded, for annuity and refund purposes, as an amount 11 contributed by him. 12 For ordinary disability benefits paid on or after January 13 1, 2002, the fund shall credit sums equal to the amounts 14 ordinarily contributed by an employee for annuity purposes 15 for any period during which the employee receives ordinary 16 disability, and those sums shall be deemed for annuity 17 purposes and purposes of Section 8-173 as amounts contributed 18 by the employee. These amounts credited for annuity purposes 19 shall not be credited for refund purposes. 20 (Source: P.A. 84-23.) 21 (40 ILCS 5/8-168) (from Ch. 108 1/2, par. 8-168) 22 Sec. 8-168. Refunds - Withdrawal before age 55 or with 23 less than 10 years of service. 24 1. An employee, without regard to length of service, who 25 withdraws before age 55, and any employee with less than 10 26 years of service who withdraws before age 60, shall be 27 entitled to a refund of the accumulated sums to his credit, 28 as of the date of withdrawal, for age and service annuity and 29 widow's annuity from amounts contributed by him, including 30 interest credited and including amounts contributed for him 31 for age and service and widow's annuity purposes by the city 32 while receiving duty disability benefits; provided that such 33 amounts contributed by the city after December 31, 1981, -21- LRB9208102LDcs 1 while the employee is receiving duty disability benefits, and 2 amounts credited to the employee for annuity purposes by the 3 fund after December 31, 2001, while the employee is receiving 4 ordinary disability benefits, shall not be credited for 5 refund purposes. If he is a present employee he shall also be 6 entitled to a refund of the accumulations from any sums 7 contributed by him, and applied to any municipal pension fund 8 superseded by this fund. 9 2. Upon receipt of the refund, the employee surrenders 10 and forfeits all rights to any annuity or other benefits, for 11 himself and for any other persons who might have benefited 12 through him; provided that he may have such period of service 13 counted in computing the term of his service if he becomes an 14 employee before age 65, excepting as limited by the 15 provisions of paragraph (a) (3) of Section 8-232 of this 16 Article relating to the basis of computing the term of 17 service. 18 3. Any such employee shall retain such right to a refund 19 of such amounts when he shall apply for same until he 20 re-enters the service or until the amount of annuity shall 21 have been fixed as provided in this Article. Thereafter, no 22 such right shall exist in the case of any such employee. 23 4. Any such municipal employee who shall have served 10 24 or more years and who shall not withdraw the amounts 25 aforesaid to which he shall have a right of refund shall have 26 a right to annuity as stated in this Article. 27 5. Any such municipal employee who shall have served 28 less than 10 years and who shall not withdraw the amounts to 29 which he shall have a right to refund shall have a right to 30 have all such amounts and all other amounts to his credit for 31 annuity purposes on date of his withdrawal from service 32 retained to his credit and improved by interest while he 33 shall be out of the service at the rate of 3 1/2% or 3% per 34 annum (whichever rate shall apply under the provisions of -22- LRB9208102LDcs 1 Section 8-155 of this Article) and used for annuity purposes 2 for his benefit and the benefit of any person who may have 3 any right to annuity through him because of his service, 4 according to the provisions of this Article in the event that 5 he shall subsequently re-enter the service and complete the 6 number of years of service necessary to attain a right to 7 annuity; but such sum shall be improved by interest to his 8 credit while he shall be out of the service only until he 9 shall have become 65 years of age. 10 (Source: P.A. 82-283.) 11 (40 ILCS 5/8-171) (from Ch. 108 1/2, par. 8-171) 12 Sec. 8-171. Refund in lieu of annuity. In lieu of an 13 annuity, an employee who withdraws and whose annuity would 14 amount to less than $800 a month for life, may elect to 15 receive a refund of his accumulated contributions for annuity 16 purposes, based on the amounts contributed by him. 17 The widow of any employee, eligible for annuity upon the 18 death of her husband, whose widow's annuity would amount to 19 less than $800 a month for life, may, in lieu of widow's 20 annuity, elect to receive a refund of the accumulated 21 contributions for annuity purposes, based on the amounts 22 contributed by her deceased employee husband, but reduced by 23 any amounts theretofore paid to him in the form of an annuity 24 or refund out of such accumulated contributions. 25 Accumulated contributions shall mean the amounts - 26 including the interest credited thereon - contributed by the 27 employee for age and service and widow's annuity to the date 28 of his withdrawal or death, whichever first occurs, including 29 any amounts contributed for him as salary deductions while 30 receiving duty disability benefits, and, if not otherwise 31 included, any accumulations from sums contributed by him and 32 applied to any pension fund superseded by this fund; provided 33 that such amounts contributed by the city after December 31, -23- LRB9208102LDcs 1 1981 while the employee is receiving duty disability benefits 2 and amounts credited to the employee for annuity purposes by 3 the fund after December 31, 2001 while the employee is 4 receiving ordinary disability shall not be included. 5 The acceptance of such refund in lieu of widow's annuity, 6 on the part of a widow, shall not deprive a child or children 7 of the right to receive a child's annuity as provided for in 8 Sections 8-158 and 8-159 of this Article, and neither shall 9 the payment of a child's annuity in the case of such refund 10 to a widow reduce the amount herein set forth as refundable 11 to such widow electing a refund in lieu of widow's annuity. 12 (Source: P.A. 91-887, eff. 7-6-00.) 13 (40 ILCS 5/11-134) (from Ch. 108 1/2, par. 11-134) 14 Sec. 11-134. Minimum annuities. 15 (a) An employee whose withdrawal occurs after July 1, 16 1957 at age 60 or over, with 20 or more years of service, (as 17 service is defined or computed in Section 11-216), for whom 18 the age and service and prior service annuity combined is 19 less than the amount stated in this Section, shall, from and 20 after the date of withdrawal, in lieu of all annuities 21 otherwise provided in this Article, be entitled to receive an 22 annuity for life of an amount equal to 1 2/3% for each year 23 of service, of the highest average annual salary for any 5 24 consecutive years within the last 10 years of service 25 immediately preceding the date of withdrawal; provided, that 26 in the case of any employee who withdraws on or after July 1, 27 1971, such employee age 60 or over with 20 or more years of 28 service, shall be entitled to instead receive an annuity for 29 life equal to 1.67% for each of the first 10 years of 30 service; 1.90% for each of the next 10 years of service; 31 2.10% for each year of service in excess of 20 but not 32 exceeding 30; and 2.30% for each year of service in excess of 33 30, based on the highest average annual salary for any 4 -24- LRB9208102LDcs 1 consecutive years within the last 10 years of service 2 immediately preceding the date of withdrawal. 3 An employee who withdraws after July 1, 1957 and before 4 January 1, 1988, with 20 or more years of service, before age 5 60, shall be entitled to an annuity, to begin not earlier 6 than age 55, if under such age at withdrawal, as computed in 7 the last preceding paragraph, reduced 0.25% if the employee 8 was born before January 1, 1936, or 0.5% if the employee was 9 born on or after January 1, 1936, for each full month or 10 fractional part thereof that his attained age when such 11 annuity is to begin is less than 60. 12 Any employee born before January 1, 1936 who withdraws 13 with 20 or more years of service, and any employee with 20 or 14 more years of service who withdraws on or after January 1, 15 1988, may elect to receive, in lieu of any other employee 16 annuity provided in this Section, an annuity for life equal 17 to 1.80% for each of the first 10 years of service, 2.00% for 18 each of the next 10 years of service, 2.20% for each year of 19 service in excess of 20, but not exceeding 30, and 2.40% for 20 each year of service in excess of 30, of the highest average 21 annual salary for any 4 consecutive years within the last 10 22 years of service immediately preceding the date of 23 withdrawal, to begin not earlier than upon attained age of 55 24 years, if under such age at withdrawal, reduced 0.25% for 25 each full month or fractional part thereof that his attained 26 age when annuity is to begin is less than 60; except that an 27 employee retiring on or after January 1, 1988, at age 55 or 28 over but less than age 60, having at least 35 years of 29 service, or an employee retiring on or after July 1, 1990, at 30 age 55 or over but less than age 60, having at least 30 years 31 of service, or an employee retiring on or after the effective 32 date of this amendatory Act of 1997, at age 55 or over but 33 less than age 60, having at least 25 years of service, shall 34 not be subject to the reduction in retirement annuity because -25- LRB9208102LDcs 1 of retirement below age 60. 2 However, in the case of an employee who retired on or 3 after January 1, 1985 but before January 1, 1988, at age 55 4 or older and with at least 35 years of service, and who was 5 subject under this subsection (a) to the reduction in 6 retirement annuity because of retirement below age 60, that 7 reduction shall cease to be effective January 1, 1991, and 8 the retirement annuity shall be recalculated accordingly. 9 Any employee who withdraws on or after July 1, 1990, with 10 20 or more years of service, may elect to receive, in lieu of 11 any other employee annuity provided in this Section, an 12 annuity for life equal to 2.20% for each year of service if 13 withdrawal is before 60 days after the effective date of this 14 amendatory Act of the 92nd General Assembly, or 2.40% for 15 each year of service if withdrawal is 60 days after the 16 effective date of this amendatory Act of the 92nd General 17 Assembly or later, of the highest average annual salary for 18 any 4 consecutive years within the last 10 years of service 19 immediately preceding the date of withdrawal, to begin not 20 earlier than upon attained age of 55 years, if under such age 21 at withdrawal, reduced 0.25% for each full month or 22 fractional part thereof that his attained age when annuity is 23 to begin is less than 60; except that an employee retiring at 24 age 55 or over but less than age 60, having at least 30 years 25 of service, shall not be subject to the reduction in 26 retirement annuity because of retirement below age 60. 27 Any employee who withdraws on or after the effective date 28 of this amendatory Act of 1997 with 20 or more years of 29 service may elect to receive, in lieu of any other employee 30 annuity provided in this Section, an annuity for life equal 31 to 2.20%, for each year of service if withdrawal is before 60 32 days after the effective date of this amendatory Act of the 33 92nd General Assembly, or 2.40% for each year of service if 34 withdrawal is 60 days after the effective date of this -26- LRB9208102LDcs 1 amendatory Act of the 92nd General Assembly or later, of the 2 highest average annual salary for any 4 consecutive years 3 within the last 10 years of service immediately preceding the 4 date of withdrawal, to begin not earlier than upon attainment 5 of age 55 (age 50 if the employee has at least 30 years of 6 service), reduced 0.25% for each full month or remaining 7 fractional part thereof that the employee's attained age when 8 annuity is to begin is less than 60; except that an employee 9 retiring at age 50 or over with at least 30 years of service 10 or at age 55 or over with at least 25 years of service shall 11 not be subject to the reduction in retirement annuity because 12 of retirement below age 60. 13 The maximum annuity payable under this paragraph (a) of 14 this Section shall not exceed 70% of highest average annual 15 salary in the case of an employee who withdraws prior to July 16 1, 1971, 75% if withdrawal takes place on or after July 1, 17 1971, and prior to 60 days after the effective date of this 18 amendatory Act of the 92nd General Assembly, or 80% if 19 withdrawal is 60 days after the effective date of this 20 amendatory Act of the 92nd General Assembly or later. For the 21 purpose of the minimum annuity provided in said paragraphs 22 $1,500 shall be considered the minimum annual salary for any 23 year; and the maximum annual salary to be considered for the 24 computation of such annuity shall be $4,800 for any year 25 prior to 1953, $6,000 for the years 1953 to 1956, inclusive, 26 and the actual annual salary, as salary is defined in this 27 Article, for any year thereafter. 28 (b) For an employee receiving disability benefit, his 29 salary for annuity purposes under this Section shall, for all 30 periods of disability benefit subsequent to the year 1956, be 31 the amount on which his disability benefit was based. 32 (c) An employee with 20 or more years of service, whose 33 entire disability benefit credit period expires prior to 34 attainment of age 55 while still disabled for service, shall -27- LRB9208102LDcs 1 be entitled upon withdrawal to the larger of (1) the minimum 2 annuity provided above assuming that he is then age 55, and 3 reducing such annuity to its actuarial equivalent at his 4 attained age on such date, or (2) the annuity provided from 5 his age and service and prior service annuity credits. 6 (d) The minimum annuity provisions as aforesaid shall 7 not apply to any former employee receiving an annuity from 8 the fund, and who re-enters service as an employee, unless he 9 renders at least 3 years of additional service after the date 10 of re-entry. 11 (e) An employee in service on July 1, 1947, or who 12 became a contributor after July 1, 1947 and prior to July 1, 13 1950, or who shall become a contributor to the fund after 14 July 1, 1950 prior to attainment of age 70, who withdraws 15 after age 65 with less than 20 years of service, for whom the 16 annuity has been fixed under the foregoing Sections of this 17 Article shall, in lieu of the annuity so fixed, receive an 18 annuity as follows: 19 Such amount as he could have received had the accumulated 20 amounts for annuity been improved with interest at the 21 effective rate to the date of his withdrawal, or to 22 attainment of age 70, whichever is earlier, and had the city 23 contributed to such earlier date for age and service annuity 24 the amount that would have been contributed had he been under 25 age 65, after the date his annuity was fixed in accordance 26 with this Article, and assuming his annuity were computed 27 from such accumulations as of his age on such earlier date. 28 The annuity so computed shall not exceed the annuity which 29 would be payable under the other provisions of this Section 30 if the employee was credited with 20 years of service and 31 would qualify for annuity thereunder. 32 (f) In lieu of the annuity provided in this or in any 33 other Section of this Article, an employee having attained 34 age 65 with at least 15 years of service who withdraws from -28- LRB9208102LDcs 1 service on or after July 1, 1971 and whose annuity computed 2 under other provisions of this Article is less than the 3 amount provided under this paragraph shall be entitled to 4 receive a minimum annual annuity for life equal to 1% of the 5 highest average annual salary for any 4 consecutive years 6 within the last 10 years of service immediately preceding 7 retirement for each year of his service plus the sum of $25 8 for each year of service. Such annual annuity shall not 9 exceed the maximum percentages stated under paragraph (a) of 10 this Section of such highest average annual salary. 11 (f-1) Instead of any other retirement annuity provided 12 in this Article, an employee who has at least 10 years of 13 service and withdraws from service on or after January 1, 14 1999 may elect to receive a retirement annuity for life, 15 beginning no earlier than upon attainment of age 60, equal to 16 2.2% if withdrawal is before 60 days after the effective date 17 of this amendatory Act of the 92nd General Assembly or 2.4% 18 for each year of service if withdrawal is 60 days after the 19 effective date of this amendatory Act of the 92nd General 20 Assembly or later, of final average salary for each year of 21 service, subject to a maximum of 75% of final average salary 22 if withdrawal is before 60 days after the effective date of 23 this amendatory Act of the 92nd General Assembly, or 80% if 24 withdrawal is 60 days after the effective date of this 25 amendatory Act of the 92nd General Assembly or later. For the 26 purpose of calculating this annuity, "final average salary" 27 means the highest average annual salary for any 4 consecutive 28 years in the last 10 years of service. 29 (g) Any annuity payable under the preceding subsections 30 of this Section 11-134 shall be paid in equal monthly 31 installments. 32 (h) The amendatory provisions of part (a) and (f) of 33 this Section shall be effective July 1, 1971 and apply in the 34 case of every qualifying employee withdrawing on or after -29- LRB9208102LDcs 1 July 1, 1971. 2 (i) The amendatory provisions of this amendatory Act of 3 1985 relating to the discount of annuity because of 4 retirement prior to attainment of age 60 and increasing the 5 retirement formula for those born before January 1, 1936, 6 shall apply only to qualifying employees withdrawing on or 7 after August 16, 1985. 8 (j) Beginning on January 1, 1999, the minimum amount of 9 employee's annuity shall be $850 per month for life for the 10 following classes of employees, without regard to the fact 11 that withdrawal occurred prior to the effective date of this 12 amendatory Act of 1998: 13 (1) any employee annuitant alive and receiving a 14 life annuity on the effective date of this amendatory Act 15 of 1998, except a reciprocal annuity; 16 (2) any employee annuitant alive and receiving a 17 term annuity on the effective date of this amendatory Act 18 of 1998, except a reciprocal annuity; 19 (3) any employee annuitant alive and receiving a 20 reciprocal annuity on the effective date of this 21 amendatory Act of 1998, whose service in this fund is at 22 least 5 years; 23 (4) any employee annuitant withdrawing after age 60 24 on or after the effective date of this amendatory Act of 25 1998, with at least 10 years of service in this fund. 26 The increases granted under items (1), (2) and (3) of 27 this subsection (j) shall not be limited by any other Section 28 of this Act. 29 (Source: P.A. 90-32, eff. 6-27-97; 90-511, eff. 8-22-97; 30 90-766, eff. 8-14-98.) 31 (40 ILCS 5/11-134.1) (from Ch. 108 1/2, par. 11-134.1) 32 Sec. 11-134.1. Automatic increase in annuity. 33 (a) An employee who retired or retires from service -30- LRB9208102LDcs 1 after December 31, 1963, and before January 1, 1987, having 2 attained age 60 or more, shall, in the month of January of 3 the year following the year in which the first anniversary of 4 retirement occurs, have the amount of his then fixed and 5 payable monthly annuity increased by 1 1/2%, and such first 6 fixed annuity as granted at retirement increased by a further 7 1 1/2% in January of each year thereafter. Beginning with 8 January of the year 1972, such increases shall be at the rate 9 of 2% in lieu of the aforesaid specified 1 1/2%. Beginning 10 January, 1984, such increases shall be at the rate of 3%. 11 Beginning in January of 1999, such increases shall be at the 12 rate of 3% of the currently payable monthly annuity, 13 including any increases previously granted under this 14 Article. An employee who retires on annuity after December 15 31, 1963 and before January 1, 1987, but prior to age 60, 16 shall receive such increases beginning with January of the 17 year immediately following the year in which he attains the 18 age of 60 years. 19 An employee who retires from service on or after January 20 1, 1987 shall, upon the first annuity payment date following 21 the first anniversary of the date of retirement, or upon the 22 first annuity payment date following attainment of age 60, 23 whichever occurs later, have his then fixed and payable 24 monthly annuity increased by 3%, and such annuity shall be 25 increased by an additional 3% of the original fixed annuity 26 on the same date each year thereafter. Beginning in January 27 of 1999, such increases shall be at the rate of 3% of the 28 currently payable monthly annuity, including any increases 29 previously granted under this Article. 30 (a-5) Notwithstanding the provisions of subsection (a), 31 upon the first annuity payment date following (1) the third 32 anniversary of retirement, (2) the attainment of age 53, or 33 (3) the date 60 days after the effective date of this 34 amendatory Act of the 92nd General Assembly, whichever occurs -31- LRB9208102LDcs 1 latest, the monthly pension of an employee who retires on 2 annuity prior to the attainment of age 60 who has not 3 received an increase under subsection (a) shall be increased 4 by 3%, and such annuity shall be increased by an additional 5 3% of the current payable monthly annuity, including such 6 increases previously granted under this Article, on the same 7 date each year thereafter. The increases provided under this 8 subsection are in lieu of the increases provided in 9 subsection (a). 10 (b) The foregoing provision is not applicable to an 11 employee retiring and receiving a term annuity, as defined in 12 this Article, nor to any otherwise qualified employee who 13 retires before he shall have made employee contributions (at 14 the 1/2 of 1% rate as hereinafter provided) for the purposes 15 of this additional annuity for not less than the equivalent 16 of one full year. Such employee, however, shall make 17 arrangement to pay to the fund a balance of such 1/2 of 1% 18 contributions, based on his final salary, as will bring such 19 1/2 of 1% contributions, computed without interest, to the 20 equivalent of or completion of one year's contributions. 21 Beginning with the month of January, 1964, each employee 22 shall contribute by means of salary deductions 1/2 of 1% of 23 each salary payment, concurrently with and in addition to the 24 employee contributions otherwise made for annuity purposes. 25 Each such additional employee contribution shall be 26 credited to an account in the prior service annuity reserve, 27 to be used, together with city contributions, to defray the 28 cost of the specified annuity increments. Any balance as of 29 the beginning of each calendar year existing in such account 30 shall be credited with interest at the rate of 3% per annum. 31 Such employee contributions shall not be subject to 32 refund, except to an employee who resigns or is discharged 33 and applies for refund under this Article, and also in cases 34 where a term annuity becomes payable. -32- LRB9208102LDcs 1 In such cases the employee contributions shall be 2 refunded him, without interest, and charged to the 3 aforementioned account in the prior service annuity reserve. 4 (Source: P.A. 90-766, eff. 8-14-98.) 5 (40 ILCS 5/11-145.1) (from Ch. 108 1/2, par. 11-145.1) 6 Sec. 11-145.1. Minimum annuities for widows. 7 The widow otherwise eligible for widow's annuity under 8 other Sections of this Article 11, of an employee hereinafter 9 described, who retires from service or dies while in the 10 service subsequent to the effective date of this amendatory 11 provision, and for which widow the amount of widow's annuity 12 and widow's prior service annuity combined, fixed or provided 13 for such widow under other provisions of said Article 11 is 14 less than the amount hereinafter provided in this section, 15 shall, from and after the date her otherwise provided annuity 16 would begin, in lieu of such otherwise provided widow's and 17 widow's prior service annuity, be entitled to the following 18 indicated amount of annuity: 19 (a) The widow of any employee who dies while in service 20 on or after the date on which he attains age 60 if the death 21 occurs before July 1, 1990, or on or after the date on which 22 he attains age 55 if the death occurs on or after July 1, 23 1990, with at least 20 years of service, or on or after the 24 date on which he attains age 50 if the death occurs on or 25 after the effective date of this amendatory Act of 1997 with 26 at least 30 years of service, shall be entitled to an annuity 27 equal to one-half of the amount of annuity which her deceased 28 husband would have been entitled to receive had he withdrawn 29 from the service on the day immediately preceding the date of 30 his death, conditional upon such widow having attained age 60 31 on or before such date if the death occurs before July 1, 32 1990, or age 55 if the death occurs on or after July 1, 1990, 33 or age 50 if the death occurs on or after January 1, 1998 and -33- LRB9208102LDcs 1 the employee is age 50 or over with at least 30 years of 2 service or age 55 or over with at least 25 years of service. 3 Except as provided in subsection (j), the widow's annuity 4 shall not, however, exceed the sum of $500 a month if the 5 employee's death in service occurs before January 23, 1987. 6 The widow's annuity shall not be limited to a maximum dollar 7 amount if the employee's death in service occurs on or after 8 January 23, 1987. 9 If the employee dies in service before July 1, 1990, and 10 if such widow of such described employee shall not be 60 or 11 more years of age on such date of death, the amount provided 12 in the immediately preceding paragraph for a widow 60 or more 13 years of age, shall, in the case of such younger widow, be 14 reduced by 0.25% for each month that her then attained age is 15 less than 60 years if the employee was born before January 1, 16 1936, or dies in service on or after January 1, 1988, or 0.5% 17 for each month that her then attained age is less than 60 18 years if the employee was born on or after January 1, 1936 19 and dies in service before January 1, 1988. 20 If the employee dies in service on or after July 1, 1990, 21 and if the widow of the employee has not attained age 55 on 22 or before the employee's date of death, the amount otherwise 23 provided in this subsection (a) shall be reduced by 0.25% for 24 each month that her then attained age is less than 55 years; 25 except that if the employee dies in service on or after 26 January 1, 1998 at age 50 or over with at least 30 years of 27 service or at age 55 or over with at least 25 years of 28 service, there shall be no reduction due to the widow's age 29 if she has attained age 50 on or before the employee's date 30 of death, and if the widow has not attained age 50 on or 31 before the employee's date of death the amount otherwise 32 provided in this subsection (a) shall be reduced by 0.25% for 33 each month that her then attained age is less than 50 years. 34 (b) The widow of any employee who dies subsequent to the -34- LRB9208102LDcs 1 date of his retirement on annuity, and who so retired on or 2 after the date on which he attained age 60 if retirement 3 occurs before July 1, 1990, or on or after the date on which 4 he attained age 55 if retirement occurs on or after July 1, 5 1990, with at least 20 years of service, or on or after the 6 date on which he attained age 50 if the retirement occurs on 7 or after the effective date of this amendatory Act of 1997 8 with at least 30 years of service, shall be entitled to an 9 annuity equal to one-half of the amount of annuity which her 10 deceased husband received as of the date of his retirement on 11 annuity, conditional upon such widow having attained age 60 12 on or before the date of her husband's retirement on annuity 13 if retirement occurs before July 1, 1990, or age 55 if 14 retirement occurs on or after July 1, 1990, or age 50 if the 15 retirement on annuity occurs on or after January 1, 1998 and 16 the employee is age 50 or over with at least 30 years of 17 service or age 55 or over with at least 25 years of service. 18 Except as provided in subsection (j), this widow's annuity 19 shall not, however, exceed the sum of $500 a month if the 20 employee's death occurs before January 23, 1987. The widow's 21 annuity shall not be limited to a maximum dollar amount if 22 the employee's death occurs on or after January 23, 1987, 23 regardless of the date of retirement; provided that, if 24 retirement was before January 23, 1987, the employee or 25 eligible spouse repays the excess spouse refund with interest 26 at the effective rate from the date of refund to the date of 27 repayment. 28 If the date of the employee's retirement on annuity is 29 before July 1, 1990, and if such widow of such described 30 employee shall not have attained such age of 60 or more years 31 on such date of her husband's retirement on annuity, the 32 amount provided in the immediately preceding paragraph for a 33 widow 60 or more years of age on the date of her husband's 34 retirement on annuity, shall, in the case of such then -35- LRB9208102LDcs 1 younger widow, be reduced by 0.25% for each month that her 2 then attained age was less than 60 years if the employee was 3 born before January 1, 1936, or withdraws from service on or 4 after January 1, 1988, or 0.5% for each month that her then 5 attained age was less than 60 years if the employee was born 6 on or after January 1, 1936 and withdraws from service before 7 January 1, 1988. 8 If the date of the employee's retirement on annuity is on 9 or after July 1, 1990, and if the widow of the employee has 10 not attained age 55 by the date of the employee's retirement 11 on annuity, the amount otherwise provided in this subsection 12 (b) shall be reduced by 0.25% for each month that her then 13 attained age is less than 55 years; except that if the 14 employee retires on annuity on or after January 1, 1998 at 15 age 50 or over with at least 30 years of service or at age 55 16 or over with at least 25 years of service, there shall be no 17 reduction due to the widow's age if she has attained age 50 18 on or before the employee's date of death, and if the widow 19 has not attained age 50 on or before the employee's date of 20 death the amount otherwise provided in this subsection (b) 21 shall be reduced by 0.25% for each month that her then 22 attained age is less than 50 years. 23 (c) The foregoing provisions relating to minimum 24 annuities for widows shall not apply to the widow of any 25 former employee receiving an annuity from the fund on August 26 2, 1965 or on the effective date of this amendatory 27 provision, who re-enters service as a former employee, unless 28 such employee renders at least 3 years of additional service 29 after the date of re-entry. 30 (d) (Blank). 31 (e) (Blank). 32 (f) The amendments to this Section by this amendatory 33 Act of 1985, relating to changing the discount because of age 34 from 1/2 of 1% to 0.25% per month for widows of employees -36- LRB9208102LDcs 1 born before January 1, 1936, shall apply only to qualifying 2 widows whose husbands die while in the service on or after 3 August 16, 1985 or withdraw and enter on annuity on or after 4 August 16, 1985. 5 (g) Beginning on January 1, 1999, the minimum amount of 6 widow's annuity shall be $800 per month for life for the 7 following classes of widows, without regard to the fact that 8 the death of the employee occurred prior to the effective 9 date of this amendatory Act of 1998: 10 (1) any widow annuitant alive and receiving a term 11 annuity on the effective date of this amendatory Act of 12 1998, except a reciprocal annuity; 13 (2) any widow annuitant alive and receiving a life 14 annuity on the effective date of this amendatory Act of 15 1998, except a reciprocal annuity; 16 (3) any widow annuitant alive and receiving a 17 reciprocal annuity on the effective date of this 18 amendatory Act of 1998, whose employee spouse's service 19 in this fund was at least 5 years; 20 (4) the widow of an employee with at least 10 years 21 of service in this fund who dies after retirement, if the 22 retirement occurred prior to the effective date of this 23 amendatory Act of 1998; 24 (5) the widow of an employee with at least 10 years 25 of service in this fund who dies after retirement, if 26 withdrawal occurs on or after the effective date of this 27 amendatory Act of 1998; 28 (6) the widow of an employee who dies in service 29 with at least 5 years of service in this fund, if the 30 death in service occurs on or after the effective date of 31 this amendatory Act of 1998. 32 The increases granted under items (1), (2), (3) and (4) 33 of this subsection (g) shall not be limited by any other 34 Section of this Act. -37- LRB9208102LDcs 1 (h) The widow of an employee who retired or died in 2 service on or after January 1, 1985 and before July 1, 1990, 3 at age 55 or older, and with at least 35 years of service 4 credit, shall be entitled to have her widow's annuity 5 increased, effective January 1, 1991, to an amount equal to 6 50% of the retirement annuity that the deceased employee 7 received on the date of retirement, or would have been 8 eligible to receive if he had retired on the day preceding 9 the date of his death in service, provided that if the widow 10 had not attained age 60 by the date of the employee's 11 retirement or death in service, the amount of the annuity 12 shall be reduced by 0.25% for each month that her then 13 attained age was less than age 60 if the employee's 14 retirement or death in service occurred on or after January 15 1, 1988, or by 0.5% for each month that her attained age is 16 less than age 60 if the employee's retirement or death in 17 service occurred prior to January 1, 1988. However, in cases 18 where a refund of excess contributions for widow's annuity 19 has been paid by the Fund, the increase in benefit provided 20 by this subsection (h) shall be contingent upon repayment of 21 the refund to the Fund with interest at the effective rate 22 from the date of refund to the date of payment. 23 (i) If a deceased employee is receiving a retirement 24 annuity at the time of death and that death occurs on or 25 after June 27, 1997, the widow may elect to receive, in lieu 26 of any other annuity provided under this Article, 50% of the 27 deceased employee's retirement annuity at the time of death 28 reduced by 0.25% for each month that the widow's age on the 29 date of death is less than 55; except that if the employee 30 dies on or after January 1, 1998 and withdrew from service on 31 or after June 27, 1997 at age 50 or over with at least 30 32 years of service or at age 55 or over with at least 25 years 33 of service, there shall be no reduction due to the widow's 34 age if she has attained age 50 on or before the employee's -38- LRB9208102LDcs 1 date of death, and if the widow has not attained age 50 on or 2 before the employee's date of death the amount otherwise 3 provided in this subsection (i) shall be reduced by 0.25% for 4 each month that her age on the date of death is less than 50 5 years. However, in cases where a refund of excess 6 contributions for widow's annuity has been paid by the Fund, 7 the benefit provided by this subsection (i) is contingent 8 upon repayment of the refund to the Fund with interest at the 9 effective rate from the date of refund to the date of 10 payment. 11 (j) For widows of employees who died before January 23, 12 1987 after retirement on annuity or in service, the maximum 13 dollar amount limitation on widow's annuity shall cease to 14 apply, beginning with the first annuity payment after the 15 effective date of this amendatory Act of 1997; except that if 16 a refund of excess contributions for widow's annuity has been 17 paid by the Fund, the increase resulting from this subsection 18 (j) shall not begin before the refund has been repaid to the 19 Fund, together with interest at the effective rate from the 20 date of the refund to the date of repayment. 21 (k) In lieu of any other annuity provided in this 22 Article, an eligible spouse of an employee who dies in 23 service at least 60 days after the effective date of this 24 amendatory Act of the 92nd General Assembly with at least 10 25 years of service shall be entitled to an annuity of 50% of 26 the minimum formula annuity earned and accrued to the credit 27 of the employee at the date of death. For the purposes of 28 this subsection, the minimum formula annuity earned and 29 accrued to the credit of the employee is equal to 2.40% for 30 each year of service of the highest average annual salary for 31 any 4 consecutive years within the last 10 years of service 32 immediately preceding the date of death, up to a maximum of 33 80% of the highest average annual salary. This annuity shall 34 not be reduced due to the age of the employee or spouse. In -39- LRB9208102LDcs 1 addition to any other eligibility requirements under this 2 Article, the spouse is eligible for this annuity only if the 3 marriage was in effect for 10 full years or more. 4 (Source: P.A. 90-32, eff. 6-27-97; 90-511, eff. 8-22-97; 5 90-766, eff. 8-14-98.) 6 (40 ILCS 5/11-153) (from Ch. 108 1/2, par. 11-153) 7 Sec. 11-153. Child's annuity. 8 (a) A "Child's Annuity" shall be payable monthly after 9 the death of an employee parent to an unmarried child until 10 the child's attainment of age 18 or marriage, whichever event 11 shall first occur, under the following conditions, if the 12 child was born or in esse before the employee attained age 13 65, and before he withdrew from service: 14 (1)upon death resulting from injury incurred in15the performance of an act of duty;16(2)upon death in service from any causeother than17injury incurred in the performance of duty, if the18employee has at least 4 years of service after the date19of his original entry into service, and at least 2 years20after the date of his latest re-entry; 21 (2)(3)upon death of an employee who withdraws from 22 service after age 55 (or after age 50 with at least 30 23 years of service if withdrawal is on or after June 27, 24 1997) and who has entered upon or is eligible for 25 annuity. 26 Payment shall be made as provided in Section 11-124. 27 (b) After July 24, 1967, an adopted child shall be 28 entitled to the same child's annuity benefits provided for 29 natural children in this Article, if: 30 (1) the child was legally adopted by the employee 31 at least one year prior to the death of the employee; and 32 (2) the child was adopted before the employee 33 withdrew from serviceattained age 55. -40- LRB9208102LDcs 1 (Source: P.A. 90-31, eff. 6-27-97; 90-766, eff. 8-14-98.) 2 (40 ILCS 5/11-156) (from Ch. 108 1/2, par. 11-156) 3 Sec. 11-156. Ordinary disability benefit. An employee, 4 while under age 65 and prior to January 1, 1979, or while 5 under age 70 and after January 1, 1979, who becomes disabled 6 after the effective date as the result of any cause other 7 than injury incurred in the performance of any act or acts of 8 duty, shall be entitled to ordinary disability benefit during 9 such disability, after the first 30 days thereof. 10 The disability benefit prescribed herein shall cease when 11 the first of the following dates shall occur and the 12 employee, if still disabled, shall thereafter be entitled to 13 such annuity as is otherwise provided in this Article: 14 (a) the date disability ceases. 15 (b) the date the disabled employee attains age 65 for 16 disability commencing prior to January 1, 1979. 17 (c) the date the disabled employee attains 65 for 18 disability commencing prior to attainment of age 60 in the 19 service and after January 1, 1979. 20 (d) the date the disabled employee attains the age of 70 21 for disability commencing after attainment of age 60 in the 22 service and after January 1, 1979. 23 (e) the date the payments of the benefit shall exceed in 24 the aggregate, throughout the employee's service, a period 25 equal to 1/4 of the total service rendered prior to the date 26 of disability but in no event more than 5 years. In computing 27 such total the following periods shall be excluded: 28 (i) Any period during which the employee received 29 ordinary disability benefit; 30 (ii) Any period of absence from duty, whether caused by 31 layoff, leave of absence or suspension of employment, or any 32 other reason, unless the board, upon satisfactory evidence, 33 finds that the disability resulted from a cause which existed -41- LRB9208102LDcs 1 or occurred prior to such period of absence. No employee who 2 becomes disabled and whose disability begins during absence 3 from duty (other than while on vacation with pay) shall have 4 any right to ordinary disability benefit, except as herein 5 provided, until he recovers from such disability and performs 6 the duties of his position in the service for at least 15 7 consecutive days, Sundays and holidays excepted, after such 8 recovery. 9 The first payment shall be made not later than one month 10 after the benefit is granted and each subsequent payment 11 shall be made not later than one month after the last 12 preceding payment. 13 Ordinary disability benefit shall be 50% of the 14 employee's salary at the date of disability. 15 For ordinary disability benefits paid before January 1, 16 2002, before any payment, an amount equal to, lessthe sum 17 ordinarily deducted from salary for all annuity purposes for 18 such period for which the ordinary disability benefit is made 19 shall be deducted from such payment and credited to the 20 employee as a deduction from salary for that period. The 21 sums so deductedshall be credited to the employee andshall 22 be regarded, for annuity and refund purposes, as an amount 23 contributed by him. 24 For ordinary disability benefits paid on or after January 25 1, 2002, the fund shall credit sums equal to the amounts 26 ordinarily contributed by an employee for annuity purposes 27 for any period during which the employee receives ordinary 28 disability, and those sums shall be deemed for annuity 29 purposes and purposes of Section 11-169 as amounts 30 contributed by the employee. These amounts credited for 31 annuity purposes shall not be credited for refund purposes. 32 Any employee whose ordinary disability benefit was 33 terminated after January 1, 1979 by reason of his attainment 34 of age 65 and who continues disabled after age 65 may elect -42- LRB9208102LDcs 1 before July 1, 1986 to have such benefits resumed beginning 2 at the time of such termination and continuing until 3 termination is required under this Section as amended by this 4 amendatory Act of 1985. The amount payable to any employee 5 for such resumed benefit for any period shall be reduced by 6 the amount of any retirement annuity paid to such employee 7 under this Article for the same period of time or by refund 8 paid in lieu of annuity. 9 (Source: P.A. 85-964.) 10 (40 ILCS 5/11-164) (from Ch. 108 1/2, par. 11-164) 11 Sec. 11-164. Refunds - Withdrawal before age 55 or with 12 less than 10 years of service. 13 (1) An employee, without regard to length of service, 14 who withdraws before age 55, and any employee with less than 15 10 years of service who withdraws before age 60, shall be 16 entitled to a refund of the total sum accumulated to his 17 credit as of date of withdrawal for age and service annuity 18 and widow's annuity from amounts contributed by him or by the 19 City in lieu of employee contributions during duty 20 disability; provided that such amounts contributed by the 21 city after December 31, 1983 while the employee is receiving 22 duty disability benefits and amounts credited to the employee 23 for annuity purposes by the fund after December 31, 2001 24 while the employee is receiving ordinary disability benefits 25 shall not be credited for refund purposes. 26 The board may in its discretion withhold payment of 27 refund for a period not to exceed 6 months from the date of 28 withdrawal. Interest at the effective rate shall be paid on 29 any such refund withheld during such withheld period not to 30 exceed 6 months. 31 (2) Upon receipt of the refund, the employee surrenders 32 and forfeits all rights to any annuity or other benefits, for 33 himself and for any other persons who might have benefited -43- LRB9208102LDcs 1 through him; provided that he may have such period of service 2 counted in computing the term of his service for age and 3 service annuity purposes only if he becomes an employee 4 before age 65. 5 (3) An employee who does not receive a refund shall have 6 all amounts to his credit for annuity purposes on the date of 7 his withdrawal improved by interest only until he becomes age 8 65, while out of service, at the effective rate, for his 9 benefit and the benefit of any person who may have any right 10 to annuity through him if he re-enters the service and 11 attains a right to annuity. 12 (4) Any such employee shall retain such right to refund 13 of such amounts when he shall apply for same, until he 14 re-enters the service or until the amount of annuity to which 15 he shall have a right shall have been fixed as provided in 16 this Article. Thereafter, no such right shall exist in the 17 case of any such employee. 18 (Source: P.A. 83-499.) 19 (40 ILCS 5/11-167) (from Ch. 108 1/2, par. 11-167) 20 Sec. 11-167. Refunds in lieu of annuity. In lieu of an 21 annuity, an employee who withdraws, and whose annuity would 22 amount to less than $800 a month for life may elect to 23 receive a refund of the total sum accumulated to his credit 24 from employee contributions for annuity purposes. 25 The widow of any employee, eligible for annuity upon the 26 death of her husband, whose annuity would amount to less than 27 $800 a month for life, may, in lieu of a widow's annuity, 28 elect to receive a refund of the accumulated contributions 29 for annuity purposes, based on the amounts contributed by her 30 deceased employee husband, but reduced by any amounts 31 theretofore paid to him in the form of an annuity or refund 32 out of such accumulated contributions. 33 Accumulated contributions shall mean the amounts -44- LRB9208102LDcs 1 including interest credited thereon contributed by the 2 employee for age and service and widow's annuity to the date 3 of his withdrawal or death, whichever first occurs, and 4 including the accumulations from any amounts contributed for 5 him as salary deductions while receiving duty disability 6 benefits; provided that such amounts contributed by the city 7 after December 31, 1983 while the employee is receiving duty 8 disability benefits and amounts credited to the employee for 9 annuity purposes by the fund after December 31, 2001 while 10 the employee is receiving ordinary disability benefits. 11 The acceptance of such refund in lieu of widow's annuity, 12 on the part of a widow, shall not deprive a child or children 13 of the right to receive a child's annuity as provided for in 14 Sections 11-153 and 11-154 of this Article, and neither shall 15 the payment of a child's annuity in the case of such refund 16 to a widow reduce the amount herein set forth as refundable 17 to such widow electing a refund in lieu of widow's annuity. 18 (Source: P.A. 90-655, eff. 7-30-98; 91-887, eff. 7-6-00.) 19 Section 95. The State Mandates Act is amended by adding 20 Section 8.25 as follows: 21 (30 ILCS 805/8.25 new) 22 Sec. 8.25. Exempt mandate. Notwithstanding Sections 6 23 and 8 of this Act, no reimbursement by the State is required 24 for the implementation of any mandate created by this 25 amendatory Act of the 92nd General Assembly. 26 Section 99. Effective date. This Act takes effect upon 27 becoming law. -45- LRB9208102LDcs 1 INDEX 2 Statutes amended in order of appearance 3 40 ILCS 5/8-120 from Ch. 108 1/2, par. 8-120 4 40 ILCS 5/8-137 from Ch. 108 1/2, par. 8-137 5 40 ILCS 5/8-138 from Ch. 108 1/2, par. 8-138 6 40 ILCS 5/8-150.1 from Ch. 108 1/2, par. 8-150.1 7 40 ILCS 5/8-158 from Ch. 108 1/2, par. 8-158 8 40 ILCS 5/8-161 from Ch. 108 1/2, par. 8-161 9 40 ILCS 5/8-168 from Ch. 108 1/2, par. 8-168 10 40 ILCS 5/8-171 from Ch. 108 1/2, par. 8-171 11 40 ILCS 5/11-134 from Ch. 108 1/2, par. 11-134 12 40 ILCS 5/11-134.1 from Ch. 108 1/2, par. 11-134.1 13 40 ILCS 5/11-145.1 from Ch. 108 1/2, par. 11-145.1 14 40 ILCS 5/11-153 from Ch. 108 1/2, par. 11-153 15 40 ILCS 5/11-156 from Ch. 108 1/2, par. 11-156 16 40 ILCS 5/11-164 from Ch. 108 1/2, par. 11-164 17 40 ILCS 5/11-167 from Ch. 108 1/2, par. 11-167 18 30 ILCS 805/8.25 new