Full Text of HB3813 97th General Assembly
HB3813enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning 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 changing | 5 | | Sections 1-114, 1-135, 3-110, 4-108, 5-214, 6-209, 8-138, | 6 | | 8-226, 8-233, 9-219, 11-134, 11-215, 11-217, 15-107, 16-106, | 7 | | and 17-134 as follows:
| 8 | | (40 ILCS 5/1-114) (from Ch. 108 1/2, par. 1-114)
| 9 | | Sec. 1-114. Liability for Breach of Fiduciary Duty. (a) Any | 10 | | person who is a fiduciary with respect to a retirement system | 11 | | or
pension fund established under this Code who breaches any | 12 | | duty
imposed upon fiduciaries by this Code , including, but not | 13 | | limited to, a failure to report a reasonable suspicion of a | 14 | | false statement specified in Section 1-135 of this Code, shall | 15 | | be personally liable to make
good to such retirement system or | 16 | | pension fund any losses to it resulting
from each such breach, | 17 | | and to restore to such retirement system or pension
fund any | 18 | | profits of such fiduciary which have been made through use of | 19 | | assets
of the retirement system or pension fund by the | 20 | | fiduciary, and shall be
subject to such equitable or remedial | 21 | | relief as the court may deem appropriate,
including the removal | 22 | | of such fiduciary.
| 23 | | (b) No person shall be liable with respect to a breach of |
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| 1 | | fiduciary duty
under this Code if such breach occurred before | 2 | | such person became a fiduciary
or after such person ceased to | 3 | | be a fiduciary.
| 4 | | (Source: P.A. 82-960.)
| 5 | | (40 ILCS 5/1-135)
| 6 | | Sec. 1-135. Fraud. Any person who knowingly makes any false | 7 | | statement or falsifies or permits to be falsified any record of | 8 | | a retirement system or pension fund created under this Code or | 9 | | the Illinois State Board of Investment in an attempt to defraud | 10 | | the retirement system or pension fund created under this Code | 11 | | or the Illinois State Board of Investment is guilty of a Class | 12 | | 3 felony. Any reasonable suspicion by any appointed or elected | 13 | | commissioner, trustee, director, or board member of a | 14 | | retirement system or pension fund created under this Code or | 15 | | the State Board of Investment of a false statement or falsified | 16 | | record being submitted or permitted by a person under this Code | 17 | | shall be immediately referred to the board of trustees of the | 18 | | applicable retirement system or pension fund created under this | 19 | | Code, the State Board of Investment, or the State's Attorney of | 20 | | the jurisdiction where the alleged fraudulent activity | 21 | | occurred. The board of trustees of a retirement system or | 22 | | pension fund created under this Code or the State Board of | 23 | | Investment shall immediately notify the State's Attorney of the | 24 | | jurisdiction where any alleged fraudulent activity occurred | 25 | | for investigation. For the purposes of this Section, |
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| 1 | | "reasonable suspicion" means a belief, based upon specific and | 2 | | articulable facts, taken together with rational inferences | 3 | | from those facts, that would lead a reasonable person to | 4 | | believe that fraud has been, or will be, committed. A | 5 | | reasonable suspicion is more than a non-particularized | 6 | | suspicion. A mere inconsistency, standing alone, does not give | 7 | | rise to a reasonable suspicion.
| 8 | | (Source: P.A. 96-6, eff. 4-3-09.)
| 9 | | (40 ILCS 5/3-110) (from Ch. 108 1/2, par. 3-110)
| 10 | | Sec. 3-110. Creditable service.
| 11 | | (a) "Creditable service" is the time served by a police | 12 | | officer as a member
of a regularly constituted police force of | 13 | | a municipality. In computing
creditable service furloughs | 14 | | without pay exceeding 30 days shall not be
counted, but all | 15 | | leaves of absence for illness or accident, regardless of
| 16 | | length, and all periods of disability retirement for which a | 17 | | police officer has
received no disability pension payments | 18 | | under this Article shall be counted.
| 19 | | (a-5) Up to 3 years of time during which the police officer | 20 | | receives
a disability pension under Section 3-114.1, 3-114.2, | 21 | | 3-114.3, or 3-114.6
shall be counted as creditable service, | 22 | | provided that
(i) the police officer returns to active service | 23 | | after the disability for a
period at least equal to the period | 24 | | for which credit is to be established and
(ii) the police | 25 | | officer makes contributions to the fund based on the rates
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| 1 | | specified in Section 3-125.1 and the salary upon which the | 2 | | disability pension
is based. These contributions may be paid at | 3 | | any time prior to the
commencement of a retirement pension. The | 4 | | police officer may, but need not,
elect to have the | 5 | | contributions deducted from the disability pension or to
pay | 6 | | them in installments on a schedule approved by the board. If | 7 | | not
deducted from the disability pension, the contributions | 8 | | shall include
interest at the rate of 6% per year, compounded | 9 | | annually, from the date
for which service credit is being | 10 | | established to the date of payment. If
contributions are paid | 11 | | under this subsection (a-5) in excess of those
needed to | 12 | | establish the credit, the excess shall be refunded. This
| 13 | | subsection (a-5) applies to persons receiving a disability | 14 | | pension under
Section 3-114.1, 3-114.2, 3-114.3, or 3-114.6 on | 15 | | the effective date of this
amendatory Act of the 91st General | 16 | | Assembly, as well as persons who begin to
receive such a | 17 | | disability pension after that date.
| 18 | | (b) Creditable service includes all periods of service in | 19 | | the military,
naval or air forces of the United States entered | 20 | | upon while an active police
officer of a municipality, provided | 21 | | that upon applying for a permanent pension,
and in accordance | 22 | | with the rules of the board, the police officer pays into the
| 23 | | fund the amount the officer would have contributed if he or she | 24 | | had been a
regular contributor during such period, to the | 25 | | extent that the municipality
which the police officer served | 26 | | has not made such contributions in the
officer's behalf. The |
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| 1 | | total amount of such creditable service shall not
exceed 5 | 2 | | years, except that any police officer who on July 1, 1973 had | 3 | | more
than 5 years of such creditable service shall receive the | 4 | | total amount thereof.
| 5 | | (b-5) Creditable service includes all periods of service in | 6 | | the military, naval, or air forces of the United States entered | 7 | | upon before beginning service as an active police officer of a | 8 | | municipality, provided that, in accordance with the rules of | 9 | | the board, the police officer pays into the fund the amount the | 10 | | police officer would have contributed if he or she had been a | 11 | | regular contributor during such period, plus an amount | 12 | | determined by the Board to be equal to the municipality's | 13 | | normal cost of the benefit, plus interest at the actuarially | 14 | | assumed rate calculated from the date the employee last became | 15 | | a police officer under this Article. The total amount of such | 16 | | creditable service shall not exceed 2 years. | 17 | | (c) Creditable service also includes service rendered by a | 18 | | police
officer while on leave of absence from a police | 19 | | department to serve as an
executive of an organization whose | 20 | | membership consists of members of a
police department, subject | 21 | | to the following conditions: (i) the police
officer is a | 22 | | participant of a fund established under this Article with at
| 23 | | least 10 years of service as a police officer; (ii) the police | 24 | | officer
received no credit for such service under any other | 25 | | retirement system,
pension fund, or annuity and benefit fund | 26 | | included in this Code; (iii)
pursuant to the rules of the board |
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| 1 | | the police officer pays to the fund the
amount he or she would | 2 | | have contributed had the officer been an active
member of the | 3 | | police department; and (iv) the organization pays a
| 4 | | contribution equal to the municipality's normal cost for that
| 5 | | period of service ; and (v) for all leaves of absence under this | 6 | | subsection (c), including those beginning before the effective | 7 | | date of this amendatory Act of the 97th General Assembly, the | 8 | | police officer continues to remain in sworn status, subject to | 9 | | the professional standards of the public employer or those | 10 | | terms established in statute .
| 11 | | (d)(1) Creditable service also includes periods of | 12 | | service originally
established in another police pension | 13 | | fund under this Article or in the Fund
established under | 14 | | Article 7 of this Code for which (i) the contributions have
| 15 | | been transferred under Section 3-110.7 or Section 7-139.9 | 16 | | and (ii) any
additional contribution required under | 17 | | paragraph (2) of this subsection has
been paid in full in | 18 | | accordance with the requirements of this subsection (d).
| 19 | | (2) If the board of the pension fund to which | 20 | | creditable service and
related
contributions are | 21 | | transferred under Section 7-139.9 determines that
the | 22 | | amount transferred is less than the true cost to the | 23 | | pension fund of
allowing that creditable service to be | 24 | | established, then in order to establish
that creditable | 25 | | service the police officer must pay to the pension fund, | 26 | | within
the payment period specified in paragraph (3) of |
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| 1 | | this subsection, an additional
contribution equal to the | 2 | | difference, as determined by the board in accordance
with | 3 | | the rules and procedures adopted under paragraph (6) of | 4 | | this subsection. If the board of the pension fund to which | 5 | | creditable service and
related
contributions are | 6 | | transferred under Section 3-110.7 determines that
the | 7 | | amount transferred is less than the true cost to the | 8 | | pension fund of
allowing that creditable service to be | 9 | | established, then the police officer may elect (A) to | 10 | | establish
that creditable service by paying to the pension | 11 | | fund, within
the payment period specified in paragraph (3) | 12 | | of this subsection (d), an additional
contribution equal to | 13 | | the difference, as determined by the board in accordance
| 14 | | with the rules and procedures adopted under paragraph (6) | 15 | | of this subsection (d) or (B) to have his or her creditable | 16 | | service reduced by an amount equal to the difference | 17 | | between the amount transferred under Section 3-110.7 and | 18 | | the true cost to the pension fund of allowing that | 19 | | creditable service to be established, as determined by the | 20 | | board in accordance with the rules and procedures adopted | 21 | | under paragraph (6) of this subsection (d).
| 22 | | (3) Except as provided in paragraph (4), the additional
| 23 | | contribution that is required or elected under paragraph | 24 | | (2) of this subsection (d) must be paid to the board (i) | 25 | | within 5 years from the date of the
transfer of | 26 | | contributions under Section 3-110.7 or 7-139.9 and (ii) |
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| 1 | | before the
police officer terminates service with the fund. | 2 | | The additional contribution
may be paid in a lump sum or in | 3 | | accordance with a schedule of installment
payments | 4 | | authorized by the board.
| 5 | | (4) If the police officer dies in service before | 6 | | payment in full has been
made and before the expiration of | 7 | | the 5-year payment period, the surviving
spouse of the | 8 | | officer may elect to pay the unpaid amount on the officer's
| 9 | | behalf within 6 months after the date of death, in which | 10 | | case the creditable
service shall be granted as though the | 11 | | deceased police officer had paid the
remaining balance on | 12 | | the day before the date of death.
| 13 | | (5) If the additional contribution that is required or | 14 | | elected under paragraph (2) of this subsection (d) is not | 15 | | paid in full within the
required time, the creditable | 16 | | service shall not be granted and the
police officer (or the | 17 | | officer's surviving spouse or estate) shall be entitled
to | 18 | | receive a refund of (i) any partial payment of the | 19 | | additional contribution
that has been made by the police | 20 | | officer and (ii) those portions of the amounts
transferred | 21 | | under subdivision (a)(1) of Section 3-110.7 or | 22 | | subdivisions (a)(1)
and (a)(3) of Section 7-139.9 that | 23 | | represent employee contributions paid by the
police | 24 | | officer (but not the accumulated interest on those | 25 | | contributions) and
interest paid by the police officer to | 26 | | the prior pension fund in order to
reinstate service |
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| 1 | | terminated by acceptance of a refund.
| 2 | | At the time of paying a refund under this item (5), the | 3 | | pension fund
shall also repay to the pension fund from | 4 | | which the contributions were
transferred under Section | 5 | | 3-110.7 or 7-139.9 the amount originally transferred
under | 6 | | subdivision (a)(2) of that Section, plus interest at the | 7 | | rate of 6% per
year, compounded annually, from the date of | 8 | | the original transfer to the date
of repayment. Amounts | 9 | | repaid to the Article 7 fund under this provision shall
be | 10 | | credited to the appropriate municipality.
| 11 | | Transferred credit that is not granted due to failure | 12 | | to pay the additional
contribution within the required time | 13 | | is lost; it may not be transferred to
another pension fund | 14 | | and may not be reinstated in the pension fund from which
it | 15 | | was transferred.
| 16 | | (6) The Public Employee Pension Fund Division of the | 17 | | Department of
Insurance
shall establish by rule the manner | 18 | | of making the calculation required under
paragraph (2) of | 19 | | this subsection, taking into account the appropriate | 20 | | actuarial
assumptions; the police officer's service, age, | 21 | | and salary history; the level
of funding of the pension | 22 | | fund to which the credits are being transferred; and
any | 23 | | other factors that the Division determines to be relevant. | 24 | | The rules may
require that all calculations made under | 25 | | paragraph (2) be reported to the
Division by the board | 26 | | performing the calculation, together with documentation
of |
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| 1 | | the creditable service to be transferred, the amounts of | 2 | | contributions and
interest to be transferred, the manner in | 3 | | which the calculation was performed,
the numbers relied | 4 | | upon in making the calculation, the results of the
| 5 | | calculation, and any other information the Division may | 6 | | deem useful.
| 7 | | (e)(1) Creditable service also includes periods of | 8 | | service originally
established in the Fund
established | 9 | | under Article 7 of this Code for which the contributions | 10 | | have
been transferred under Section 7-139.11.
| 11 | | (2) If the board of the pension fund to which | 12 | | creditable service and
related
contributions are | 13 | | transferred under Section 7-139.11 determines that
the | 14 | | amount transferred is less than the true cost to the | 15 | | pension fund of
allowing that creditable service to be | 16 | | established, then the amount of creditable service the | 17 | | police officer may establish under this subsection (e) | 18 | | shall be reduced by an amount equal to the difference, as | 19 | | determined by the board in accordance
with the rules and | 20 | | procedures adopted under paragraph (3) of this subsection.
| 21 | | (3) The Public Pension Division of the Department of
| 22 | | Financial and Professional Regulation
shall establish by | 23 | | rule the manner of making the calculation required under
| 24 | | paragraph (2) of this subsection, taking into account the | 25 | | appropriate actuarial
assumptions; the police officer's | 26 | | service, age, and salary history; the level
of funding of |
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| 1 | | the pension fund to which the credits are being | 2 | | transferred; and
any other factors that the Division | 3 | | determines to be relevant. The rules may
require that all | 4 | | calculations made under paragraph (2) be reported to the
| 5 | | Division by the board performing the calculation, together | 6 | | with documentation
of the creditable service to be | 7 | | transferred, the amounts of contributions and
interest to | 8 | | be transferred, the manner in which the calculation was | 9 | | performed,
the numbers relied upon in making the | 10 | | calculation, the results of the
calculation, and any other | 11 | | information the Division may deem useful.
| 12 | | (4) Until January 1, 2010, a police officer who | 13 | | transferred service from the Fund established under | 14 | | Article 7 of this Code under the provisions of Public Act | 15 | | 94-356 may establish additional credit, but only for the | 16 | | amount of the service credit reduction in that transfer, as | 17 | | calculated under paragraph (3) of this subsection (e). This | 18 | | credit may be established upon payment by the police | 19 | | officer of an amount to be determined by the board, equal | 20 | | to (1) the amount that would have been contributed as | 21 | | employee and employer contributions had all of the service | 22 | | been as an employee under this Article, plus interest | 23 | | thereon at the rate of 6% per year, compounded annually | 24 | | from the date of service to the date of transfer, less (2) | 25 | | the total amount transferred from the Article 7 Fund, plus | 26 | | (3) interest on the difference at the rate of 6% per year, |
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| 1 | | compounded annually, from the date of the transfer to the | 2 | | date of payment. The additional service credit is allowed | 3 | | under this amendatory Act of the 95th General Assembly | 4 | | notwithstanding the provisions of Article 7 terminating | 5 | | all transferred credits on the date of transfer. | 6 | | (Source: P.A. 95-812, eff. 8-13-08; 96-297, eff. 8-11-09; | 7 | | 96-1260, eff. 7-23-10.)
| 8 | | (40 ILCS 5/4-108) (from Ch. 108 1/2, par. 4-108)
| 9 | | Sec. 4-108. Creditable service.
| 10 | | (a) Creditable service is the time served as a firefighter | 11 | | of a
municipality. In computing creditable service, furloughs | 12 | | and leaves of
absence without pay exceeding 30 days in any one | 13 | | year shall not be counted,
but leaves of absence for illness or | 14 | | accident regardless of length, and
periods of disability for | 15 | | which a firefighter received no disability
pension payments | 16 | | under this Article, shall be counted.
| 17 | | (b) Furloughs and leaves of absence of 30 days or less in | 18 | | any one year may
be counted as creditable service, if the | 19 | | firefighter makes the contribution
to the fund that would have | 20 | | been required had he or she not been
on furlough or leave of | 21 | | absence. To qualify for this creditable service,
the | 22 | | firefighter must pay the required contributions to the fund not | 23 | | more
than 90 days subsequent to the termination of the furlough | 24 | | or leave of
absence, to the extent that the municipality has | 25 | | not made such contribution
on his or her behalf.
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| 1 | | (c) Creditable service includes:
| 2 | | (1) Service in the military, naval or air forces of the
| 3 | | United States entered upon when the person was an active
| 4 | | firefighter, provided
that, upon applying for a permanent | 5 | | pension, and in accordance with the
rules of the board the | 6 | | firefighter pays into the fund the amount that would
have | 7 | | been contributed had he or she been a regular contributor | 8 | | during such
period of service, if and to the extent that | 9 | | the municipality which the
firefighter served made no such | 10 | | contributions in his or her behalf. The
total amount of | 11 | | such creditable service shall not exceed 5 years, except
| 12 | | that any firefighter who on July 1, 1973 had more than 5 | 13 | | years of such
creditable service shall receive the total | 14 | | amount thereof as of that date.
| 15 | | (1.5) Up to 24 months of service in the military, | 16 | | naval, or air forces of the United States that was served | 17 | | prior to employment by a municipality or fire protection | 18 | | district as a firefighter. To receive the credit for the | 19 | | military service prior to the employment as a firefighter, | 20 | | the firefighter must apply in writing to the fund and must | 21 | | make contributions to the fund equal to (i) the employee | 22 | | contributions that would have been required had the service | 23 | | been rendered as a member, plus (ii) an amount determined | 24 | | by the fund to be equal to the employer's normal cost of | 25 | | the benefits accrued for that military service, plus (iii) | 26 | | interest at the actuarially assumed rate provided by the |
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| 1 | | Department of Financial and Professional Regulation, | 2 | | compounded annually from the first date of membership in | 3 | | the fund to the date of payment on items (i) and (ii). The | 4 | | changes to this paragraph (1.5) by this amendatory Act of | 5 | | the 95th General Assembly apply only to participating | 6 | | employees in service on or after its effective date.
| 7 | | (2) Service prior to July 1, 1976 by a firefighter | 8 | | initially excluded
from participation by reason of age who | 9 | | elected to participate and paid
the required contributions | 10 | | for such service.
| 11 | | (3) Up to 8 years of service by a firefighter as an | 12 | | officer in a statewide
firefighters' association when he is | 13 | | on a leave of absence from a
municipality's payroll, | 14 | | provided that (i) the firefighter has at least 10
years of | 15 | | creditable service as an active firefighter, (ii) the | 16 | | firefighter
contributes to the fund the amount that he | 17 | | would have contributed had he
remained an active member of | 18 | | the fund, and (iii) the employee or statewide
firefighter | 19 | | association contributes to the fund an amount equal to the
| 20 | | employer's required contribution as determined by the | 21 | | board , and (iv) for all leaves of absence under this | 22 | | subdivision (3), including those beginning before the | 23 | | effective date of this amendatory Act of the 97th General | 24 | | Assembly, the firefighter continues to remain in sworn | 25 | | status, subject to the professional standards of the public | 26 | | employer or those terms established in statute .
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| 1 | | (4) Time spent as an on-call fireman for a | 2 | | municipality,
calculated at the rate of one year of | 3 | | creditable service for each 5 years
of time spent as an | 4 | | on-call fireman, provided that (i) the firefighter has
at | 5 | | least 18 years of creditable service as an active | 6 | | firefighter, (ii) the
firefighter spent at least 14 years | 7 | | as an on-call firefighter for the
municipality, (iii) the | 8 | | firefighter applies for such creditable service
within 30 | 9 | | days after the effective date of this amendatory Act of | 10 | | 1989,
(iv) the firefighter contributes to the Fund an | 11 | | amount representing
employee contributions for the number | 12 | | of years of creditable service
granted under this | 13 | | subdivision (4), based on the salary and contribution
rate | 14 | | in effect for the firefighter at the date of entry into the | 15 | | Fund, to
be determined by the board, and (v) not more than | 16 | | 3 years of creditable
service may be granted under this | 17 | | subdivision (4).
| 18 | | Except as provided in Section 4-108.5, creditable | 19 | | service shall not
include time
spent as a volunteer | 20 | | firefighter, whether or not any compensation was received
| 21 | | therefor. The change made in this Section by Public Act | 22 | | 83-0463 is intended
to be a restatement and clarification | 23 | | of existing law, and does not imply
that creditable service | 24 | | was previously allowed under this Article for time
spent as | 25 | | a volunteer firefighter.
| 26 | | (5) Time served between July 1, 1976 and July 1, 1988 |
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| 1 | | in
the position of protective inspection officer or | 2 | | administrative assistant
for fire services, for a | 3 | | municipality with a population under 10,000 that is
located | 4 | | in a county with a population over 3,000,000 and that | 5 | | maintains a
firefighters' pension fund under this Article, | 6 | | if the position included
firefighting duties, | 7 | | notwithstanding that the person may not have held an
| 8 | | appointment as a firefighter, provided that application is | 9 | | made to the
pension fund within 30 days after the effective | 10 | | date of this amendatory Act
of 1991, and the corresponding | 11 | | contributions are paid for the number of
years of service | 12 | | granted, based upon the salary and contribution rate in
| 13 | | effect for the firefighter at the date of entry into the | 14 | | pension fund, as
determined by the Board.
| 15 | | (6) Service before becoming a participant by a | 16 | | firefighter initially
excluded from participation by | 17 | | reason of age who becomes a participant
under the amendment | 18 | | to Section 4-107 made by this amendatory Act of 1993 and
| 19 | | pays the required contributions for such service.
| 20 | | (7) Up to 3 years of time during which the firefighter | 21 | | receives a
disability pension under Section 4-110, | 22 | | 4-110.1, or 4-111, provided that (i)
the firefighter | 23 | | returns to active service after the disability for a period | 24 | | at
least equal to the period for which credit is to be | 25 | | established and (ii) the
firefighter makes contributions | 26 | | to the fund based on the rates specified in
Section 4-118.1 |
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| 1 | | and the salary upon which the disability pension is based.
| 2 | | These contributions may be paid at any time prior to the | 3 | | commencement of a
retirement pension. The firefighter may, | 4 | | but need not, elect to have the
contributions deducted from | 5 | | the disability pension or to pay them in
installments on a | 6 | | schedule approved by the board. If not deducted from the
| 7 | | disability pension, the contributions
shall include | 8 | | interest at the rate of 6% per year, compounded annually, | 9 | | from
the date for which service credit is being established | 10 | | to the date of payment.
If contributions are paid under | 11 | | this subdivision (c)(7) in excess of those
needed to | 12 | | establish the credit, the excess shall be refunded. This
| 13 | | subdivision (c)(7) applies to persons receiving a | 14 | | disability pension under
Section 4-110, 4-110.1, or 4-111 | 15 | | on the effective date of this amendatory Act
of the 91st | 16 | | General Assembly, as well as persons who begin to receive | 17 | | such a
disability pension after that date.
| 18 | | (Source: P.A. 94-856, eff. 6-15-06; 95-1056, eff. 4-10-09.)
| 19 | | (40 ILCS 5/5-214) (from Ch. 108 1/2, par. 5-214)
| 20 | | Sec. 5-214. Credit for other service. Any participant in | 21 | | this fund (other
than a member of the fire department of the | 22 | | city) who has rendered service
as a member of the police | 23 | | department of the city for a period of 3 years
or more is | 24 | | entitled to credit for the various purposes of this Article for
| 25 | | service rendered prior to becoming a member or subsequent |
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| 1 | | thereto for the
following periods:
| 2 | | (a) While on leave of absence from the police | 3 | | department assigned or
detailed to investigative, | 4 | | protective, security or police work for the park
district | 5 | | of the city, the department of the Port of Chicago or the | 6 | | sanitary
district in which the city is located.
| 7 | | (b) As a temporary police officer in the city or while | 8 | | serving in the
office of the mayor or in the office of the | 9 | | corporation counsel, as a
member of the city council of the | 10 | | city, as an employee of the Policemen's
Annuity and Benefit | 11 | | Fund created by this Article, as the head
of an | 12 | | organization whose membership consists of members of the | 13 | | police
department, the Public Vehicle License Commission | 14 | | and the board of election
commissioners of the city , | 15 | | provided that, in each of these cases and for all periods | 16 | | specified in this item (b), including those beginning | 17 | | before the effective date of this amendatory Act of the | 18 | | 97th General Assembly, the police officer is on leave and | 19 | | continues to remain in sworn status, subject to the | 20 | | professional standards of the public employer or those | 21 | | terms established in statute .
| 22 | | (c) While performing safety or investigative work for | 23 | | the county in which
such city is principally located or for | 24 | | the State of Illinois or for the
federal government, on | 25 | | leave of absence from the department of police, or
while | 26 | | performing investigative work for the department as a |
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| 1 | | civilian
employee of the department.
| 2 | | (d) While on leave of absence from the police | 3 | | department of the city
and serving as the chief of police | 4 | | of a police department outside the city.
| 5 | | No credit shall be granted in this fund, however, for this | 6 | | service if the
policeman has credit therefor in any other | 7 | | annuity and benefit fund, or
unless he contributes to this fund | 8 | | the amount he would have contributed
with interest had he | 9 | | remained an active member of the police department
in the | 10 | | position he occupied as a result of a civil service competitive
| 11 | | examination, certification and appointment by the Civil | 12 | | Service Board; or
in the case of a city operating under the | 13 | | provisions of a personnel ordinance
the position he occupied as | 14 | | a result of a personnel ordinance competitive
examination | 15 | | certification and appointment under the authority of a | 16 | | Municipal
Personnel ordinance.
| 17 | | Concurrently with such contributions, the city shall | 18 | | contribute the amounts
provided by this Article. No credit | 19 | | shall be allowed for any period of
time for which contributions | 20 | | by the policeman have not been paid. The period
of service | 21 | | rendered by such policeman prior to the date he became a member
| 22 | | of the police department of the city or while detailed, | 23 | | assigned or on leave
of absence and employed in any of the | 24 | | departments set forth hereinabove
in this Section for which | 25 | | such policeman has contributed to this fund shall
be credited | 26 | | to him as service for all the purposes of this Article, except
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| 1 | | that he shall not have any of the rights conferred by the | 2 | | provisions of
Sections 5-127 and 5-162 of this Article.
| 3 | | The changes in this Section made by Public Act 86-273 shall | 4 | | apply to members
of the fund who have not begun receiving a | 5 | | pension under this Article on August
23, 1989, without regard | 6 | | to whether employment is terminated before that date.
| 7 | | (Source: P.A. 86-273; 87-1265.)
| 8 | | (40 ILCS 5/6-209) (from Ch. 108 1/2, par. 6-209)
| 9 | | Sec. 6-209.
In computing the service rendered by a fireman | 10 | | prior to
the effective date, the following periods shall be | 11 | | counted, in addition
to all periods during which he performed | 12 | | the duties of his position, as
periods of service for annuity | 13 | | purposes only: All periods of (a)
vacation, (b) leave of | 14 | | absence with whole or part pay, (c) leave of
absence without | 15 | | pay which were necessary on account of disability, and
(d) | 16 | | leave of absence during which he was engaged in the military or
| 17 | | naval service of the United States of America. Service credit | 18 | | shall not
be allowed for any period during which a fireman was | 19 | | in receipt of
pension on account of disability from any pension | 20 | | fund superseded by
this fund.
| 21 | | In computing the service rendered by a fireman on and after | 22 | | the
effective date, the following periods shall be counted in | 23 | | addition to
all periods during which he performed the duties of | 24 | | his position, as
periods of service for annuity purposes only: | 25 | | All periods of (a)
vacation, (b) leave of absence with whole or |
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| 1 | | part pay, (c) leave of
absence during which he was engaged in | 2 | | the military or naval service of
the United States of America, | 3 | | (d) disability for which he receives any
disability benefit, | 4 | | (e) disability for which he receives whole or part
pay, (f) | 5 | | leave of absence, or other authorized relief from active
duty, | 6 | | during which he served as president of The Firemen's | 7 | | Association of
Chicago , provided that for all leaves of absence | 8 | | or other authorized relief under this item (f), including those | 9 | | beginning before the effective date of this amendatory Act of | 10 | | the 97th General Assembly, the fireman continues to remain in | 11 | | sworn status, subject to the professional standards of the | 12 | | public employer or those terms established in statute , (g) | 13 | | periods of suspension from duty not to exceed a total of one
| 14 | | year during the total period of service of the fireman, and (h) | 15 | | a period of
time not to exceed 23 days in 1980 in accordance | 16 | | with an agreement with the
City on a settlement of strike; | 17 | | provided that the fireman elects to
make contributions to the | 18 | | Fund for the various annuity and benefit purposes
according to | 19 | | the provisions of this Article as though he were an active
| 20 | | fireman, based upon the salary attached to the civil service | 21 | | rank held by
him during such absence from duty, and if the | 22 | | fireman so elects, the city
shall make the prescribed | 23 | | concurrent contributions for such annuity and
benefit purposes | 24 | | as provided in this Article, all to the end that such
fireman | 25 | | shall be entitled to receive the same annuities and benefits | 26 | | for
which he would otherwise be eligible if he had continued as |
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| 1 | | an active
fireman during the periods of absence from duty.
| 2 | | In computing service on and after the effective date for | 3 | | ordinary
disability benefit, all periods described in the | 4 | | preceding paragraph,
except any period for which a fireman | 5 | | receives ordinary disability
benefit, shall be counted as | 6 | | periods of service.
| 7 | | In computing service for any of the purposes of this | 8 | | Article, credit
shall be given for any periods prior to January | 9 | | 9, 1997,
during which an active fireman (or fire paramedic) who | 10 | | is a member of the
General Assembly is on leave of absence or | 11 | | is otherwise
authorized to be absent from duty to enable him to | 12 | | perform his legislative
duties, notwithstanding any reduction | 13 | | in salary for such periods and
notwithstanding that the | 14 | | contributions paid by the fireman were based on
such reduced | 15 | | salary rather than the full amount of salary attached to his
| 16 | | civil service rank.
| 17 | | In computing service for any of the purposes of this | 18 | | Article, no
credit shall be given for any period during which a | 19 | | fireman was not
rendering active service because of his | 20 | | discharge from the service,
unless proceedings to test the | 21 | | legality of the discharge are filed in a
court of competent | 22 | | jurisdiction within one year from the date of
discharge and a | 23 | | final judgment is entered therein declaring the
discharge | 24 | | illegal.
| 25 | | No overtime or extra service shall be included in computing | 26 | | service
of a fireman and not more than one year or a proper |
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| 1 | | fractional part
thereof of service shall be allowed for service | 2 | | rendered during any
calendar year.
| 3 | | (Source: P.A. 86-273; 86-1488; 87-1265.)
| 4 | | (40 ILCS 5/8-138) (from Ch. 108 1/2, par. 8-138)
| 5 | | Sec. 8-138. Minimum annuities - Additional provisions.
| 6 | | (a) An employee who withdraws after age 65 or more with at | 7 | | least 20
years of service, for whom the amount of age and | 8 | | service and prior service
annuity combined is less than the | 9 | | amount stated in this Section, shall
from the date of | 10 | | withdrawal, instead of all annuities
otherwise provided, be | 11 | | entitled to receive an annuity for life of $150 a
year, plus 1 | 12 | | 1/2% for each year of service, to and including 20 years, and
1 | 13 | | 2/3% for each year of service over 20 years, of his highest | 14 | | average
annual salary for any 4 consecutive years within the | 15 | | last 10 years of
service immediately preceding the date of | 16 | | withdrawal.
| 17 | | An employee who withdraws after 20 or more years of | 18 | | service, before age
65, shall be entitled to such annuity, to | 19 | | begin not earlier than upon
attained age of 55 years if under | 20 | | such age at withdrawal, reduced by 2% for
each full year or | 21 | | fractional part thereof that his attained age is less
than 65, | 22 | | plus an additional 2% reduction for each full year or | 23 | | fractional
part thereof that his attained age when annuity is | 24 | | to begin is less than 60
so that the total reduction at age 55 | 25 | | shall be 30%.
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| 1 | | (b) An employee who withdraws after July 1, 1957, at age 60 | 2 | | or over,
with 20 or more years of service, for whom the age and | 3 | | service and prior
service annuity combined, is less than the | 4 | | amount stated in this paragraph,
shall, from the date of | 5 | | withdrawal, instead of such annuities, be entitled
to receive | 6 | | an annuity for life equal to 1 2/3% for each year of service, | 7 | | of
the highest average annual salary for any 5 consecutive | 8 | | years within the
last 10 years of service immediately preceding | 9 | | the date of withdrawal;
provided, that in the case of any | 10 | | employee who withdraws on or after July
1, 1971, such employee | 11 | | age 60 or over with 20 or more years of service,
shall receive | 12 | | an annuity for life equal to 1.67% for each of the
first 10 | 13 | | years of service; 1.90% for each of the next 10 years of | 14 | | service;
2.10% for each year of service in excess of 20 but not | 15 | | exceeding 30; and
2.30% for each year of service in excess of | 16 | | 30, based on the highest
average annual salary for any 4 | 17 | | consecutive years within the last 10 years
of service | 18 | | immediately preceding the date of withdrawal.
| 19 | | An employee who withdraws after July 1, 1957 and before | 20 | | January 1,
1988, with 20 or more years of service, before age | 21 | | 60 years is entitled to
annuity, to begin not earlier than upon | 22 | | attained age of 55 years, if under
such age at withdrawal, as | 23 | | computed in the last preceding paragraph,
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 if the employee | 26 | | was
born before January 1, 1936, or 0.5% for each such month if |
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| 1 | | the employee
was born on or after January 1, 1936.
| 2 | | Any employee born before January 1, 1936, who withdraws | 3 | | with 20 or more
years of service, and any employee with 20 or | 4 | | more years of service who
withdraws on or after January 1, | 5 | | 1988, may elect to receive, in lieu of any
other employee | 6 | | annuity provided in this Section, an annuity for life equal
to | 7 | | 1.80% for each of the first 10 years of service, 2.00% for each | 8 | | of the
next 10 years of service, 2.20% for each year of service | 9 | | in excess of 20
but not exceeding 30, and 2.40% for each year | 10 | | of service in excess of 30,
of the highest average annual | 11 | | salary for any 4 consecutive
years within the last 10 years of | 12 | | service immediately preceding the date of
withdrawal, to begin | 13 | | not earlier than upon attained age of 55 years, if
under such | 14 | | age at withdrawal, reduced 0.25% for each full month or | 15 | | fractional
part thereof that his attained age when annuity is | 16 | | to begin is less than
60; except that an employee retiring on | 17 | | or after January 1, 1988, at age
55 or over but less than age | 18 | | 60, having at least 35 years of service,
or an employee | 19 | | retiring on or after July 1, 1990, at age 55 or over but
less | 20 | | than age 60, having at least 30 years of service,
or an | 21 | | employee retiring on or after the effective date of this | 22 | | amendatory
Act of 1997, at age 55 or over but less than age 60, | 23 | | having at least 25 years
of service, shall not be subject to | 24 | | the reduction in retirement annuity
because of retirement below | 25 | | age 60.
| 26 | | However, in the case of an employee who retired on or after |
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| 1 | | January 1,
1985 but before January 1, 1988, at age 55 or older | 2 | | and with at least 35
years of service, and who was subject | 3 | | under this subsection (b) to the
reduction in retirement | 4 | | annuity because of retirement below age 60, that
reduction | 5 | | shall cease to be effective January 1, 1991, and the retirement
| 6 | | annuity shall be recalculated accordingly.
| 7 | | Any employee who withdraws on or after July 1, 1990, with | 8 | | 20 or more years of
service, may elect to receive, in lieu of | 9 | | any other employee annuity provided
in this Section, an annuity | 10 | | for life equal to 2.20% for each year of service
if withdrawal | 11 | | is before January 1, 2002, or 2.40% for each year of
service if | 12 | | withdrawal is on or after January 1, 2002,
of the highest | 13 | | average annual salary for any 4 consecutive years within the
| 14 | | last 10 years of service immediately preceding the date of | 15 | | withdrawal, to begin
not earlier than upon attained
age of 55 | 16 | | years, if under such age at withdrawal, reduced 0.25% for each
| 17 | | full month or fractional part thereof that his attained age | 18 | | when annuity is
to begin is less than 60; except that an | 19 | | employee retiring at age 55 or
over but less than age 60, | 20 | | having at least 30 years of service, shall not
be subject to | 21 | | the reduction in retirement annuity because of retirement below
| 22 | | age 60.
| 23 | | Any employee who withdraws on or after the effective date | 24 | | of this
amendatory Act of 1997 with 20 or more years of service | 25 | | may elect to receive,
in lieu of any other employee annuity | 26 | | provided in this Section, an annuity for
life equal to 2.20% |
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| 1 | | for each year of service, if withdrawal is before
January 1, | 2 | | 2002, or 2.40% for each year of service if withdrawal is
on or
| 3 | | after January 1, 2002, of the highest average annual
salary for | 4 | | any 4 consecutive years within the last 10 years of service
| 5 | | immediately preceding the date of withdrawal, to begin not | 6 | | earlier than upon
attainment of age 55 (age 50 if the employee | 7 | | has at least 30 years of service),
reduced 0.25% for each full | 8 | | month or remaining fractional part thereof that the
employee's | 9 | | attained age when annuity is to begin is less than 60; except | 10 | | that
an employee retiring at age 50 or over with at least 30 | 11 | | years of service or at
age 55 or over with at least 25 years of | 12 | | service shall not be subject to the
reduction in retirement | 13 | | annuity because of retirement below age 60.
| 14 | | The maximum annuity payable under part (a) and (b) of this | 15 | | Section shall
not exceed 70% of highest average annual salary | 16 | | in the case of an employee
who withdraws prior to July 1, 1971, | 17 | | 75% if withdrawal takes place on
or after July 1, 1971 and | 18 | | prior to January 1, 2002, or 80% if
withdrawal
takes place on | 19 | | or after January 1, 2002. For the
purpose of the minimum
| 20 | | annuity provided in this Section $1,500 is considered the | 21 | | minimum annual
salary for any year; and the maximum annual | 22 | | salary for the computation of such
annuity is $4,800 for any | 23 | | year before 1953, $6000 for the years 1953 to 1956,
inclusive, | 24 | | and the actual annual salary, as salary is defined in this | 25 | | Article,
for any year thereafter.
| 26 | | To preserve rights existing on December 31, 1959, for |
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| 1 | | participants and
contributors on that date to the fund created | 2 | | by the Court and Law
Department Employees' Annuity Act, who | 3 | | became participants in the fund
provided for on January 1, | 4 | | 1960, the maximum annual salary to be considered
for such | 5 | | persons for the years 1955 and 1956 is $7,500.
| 6 | | (c) For an employee receiving disability benefit, his | 7 | | salary for annuity
purposes under paragraphs (a) and (b) of | 8 | | this Section, for all periods of
disability benefit subsequent | 9 | | to the year 1956, is the amount on which his
disability benefit | 10 | | was based.
| 11 | | (d) An employee with 20 or more years of service, whose | 12 | | entire disability
benefit credit period expires before
| 13 | | attainment of age 55 while still disabled for service, is | 14 | | entitled upon
withdrawal to the larger of (1) the minimum | 15 | | annuity provided above, assuming he
is then age 55, and | 16 | | reducing such annuity to its actuarial equivalent as of his
| 17 | | attained age on such date or (2) the annuity provided from his | 18 | | age and service
and prior service annuity credits.
| 19 | | (e) The minimum annuity provisions do not apply to any | 20 | | former municipal
employee receiving an annuity from the fund | 21 | | who re-enters service as a
municipal employee, unless he | 22 | | renders at least 3 years of additional
service after the date | 23 | | of re-entry.
| 24 | | (f) An employee in service on July 1, 1947, or who became a | 25 | | contributor
after July 1, 1947 and before attainment of age 70, | 26 | | who withdraws after age
65, with less than 20 years of service |
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| 1 | | for whom the annuity has been fixed
under this Article shall, | 2 | | instead of the annuity so fixed, receive an
annuity as follows:
| 3 | | Such amount as he could have received had the accumulated | 4 | | amounts for
annuity been improved with interest at the | 5 | | effective rate to the date of
his withdrawal, or to attainment | 6 | | of age 70, whichever is earlier, and had
the city contributed | 7 | | to such earlier date for age and service annuity the
amount | 8 | | that it would have contributed had he been under age 65, after | 9 | | the
date his annuity was fixed in accordance with this Article, | 10 | | and assuming
his annuity were computed from such accumulations | 11 | | as of his age on such
earlier date. The annuity so computed | 12 | | shall not exceed the annuity which
would be payable under the | 13 | | other provisions of this Section if the employee
was credited | 14 | | with 20 years of service and would qualify for annuity | 15 | | thereunder.
| 16 | | (g) Instead of the annuity provided in this Article, an | 17 | | employee having
attained age 65 with at least 15 years of | 18 | | service who withdraws from
service on or after July 1, 1971 and | 19 | | whose annuity computed under other
provisions of this Article | 20 | | is less than the amount provided under this
paragraph, is | 21 | | entitled to a minimum annuity for life equal to 1% of the
| 22 | | highest average annual salary, as salary is defined and limited | 23 | | in this
Section for any 4 consecutive years within the last 10 | 24 | | years of service for
each year of service, plus the sum of $25 | 25 | | for each year of service. The
annuity shall not exceed 60% of | 26 | | such highest average annual salary.
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| 1 | | (g-1) Instead of any other retirement annuity provided in | 2 | | this Article,
an employee who has at least 10 years of service | 3 | | and withdraws from service
on or after January 1, 1999 may | 4 | | elect to receive a retirement annuity for
life, beginning no | 5 | | earlier than upon attainment of age 60, equal to 2.2%
if | 6 | | withdrawal is before January 1, 2002, or 2.4% if withdrawal is | 7 | | on
or after January 1, 2002, of final average salary for each
| 8 | | year of service,
subject to a maximum of 75% of final average | 9 | | salary if withdrawal is before
January 1, 2002, or 80% if | 10 | | withdrawal is on or after January 1, 2002. For
the purpose of | 11 | | calculating this annuity, "final average salary" means the
| 12 | | highest average annual salary for any 4 consecutive years in | 13 | | the last 10 years
of service. Nothwithstanding any provision of | 14 | | this subsection to the contrary, the "final average salary" for | 15 | | a participant that received credit under subsection (c) of | 16 | | Section 8-226 means the highest average salary for any 4 | 17 | | consecutive years (or any 8 consecutive years if the employee | 18 | | first became a participant on or after January 1, 2011) in the | 19 | | 10 years immediately prior to the leave of absence, and adding | 20 | | to that highest average salary, the product of (i) that highest | 21 | | average salary, (ii) the average percentage increase in the | 22 | | Consumer Price Index during each 12-month calendar year for the | 23 | | calendar years during the participant's leave of absence, and | 24 | | (iii) the length of the leave of absence in years, provided | 25 | | that this shall not exceed the participant's salary at the | 26 | | local labor organization. For purposes of this Section, the |
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| 1 | | Consumer Price Index is the Consumer Price Index for All Urban | 2 | | Consumers for all items published by the United States | 3 | | Department of Labor.
| 4 | | (h) The minimum annuities provided under this Section shall | 5 | | be paid in
equal monthly installments.
| 6 | | (i) The amendatory provisions of part (b) and (g) of this | 7 | | Section shall
be effective July 1, 1971 and apply in the case | 8 | | of every qualifying
employee withdrawing on or after July 1, | 9 | | 1971.
| 10 | | (j) The amendatory provisions of this amendatory Act of | 11 | | 1985 (P.A.
84-23) relating to the discount of annuity because | 12 | | of retirement prior to
attainment of age 60, and to the | 13 | | retirement formula, for those born before
January 1, 1936, | 14 | | shall apply only to qualifying employees withdrawing on or
| 15 | | after July 18, 1985.
| 16 | | (j-1) The changes made to this Section by Public Act 92-609 | 17 | | (increasing the retirement
formula to 2.4% per year of service | 18 | | and increasing the maximum to 80%) apply
to persons who | 19 | | withdraw from service on or after January 1, 2002, regardless
| 20 | | of whether that withdrawal takes place before the effective | 21 | | date of that Act. In the case of a person who withdraws from | 22 | | service
on or after January 1, 2002 but begins to receive a | 23 | | retirement annuity before
July 1, 2002, the annuity
shall be | 24 | | recalculated, with the increase resulting from Public Act | 25 | | 92-609
accruing from the date the retirement annuity
began. The | 26 | | changes made by Public Act 92-609 control over the changes made
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| 1 | | by Public Act 92-599, as provided in Section 95 of P.A. 92-609.
| 2 | | (k) Beginning on January 1, 1999, the minimum amount of | 3 | | employee's annuity
shall be $850 per month for life for the | 4 | | following classes of employees,
without regard to the fact that | 5 | | withdrawal occurred prior to the effective date
of this | 6 | | amendatory Act of 1998:
| 7 | | (1) any employee 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 employee 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 employee annuitant alive and receiving a | 14 | | reciprocal annuity on
the effective date of this amendatory | 15 | | Act of 1998,
whose service in this fund is at least 5 | 16 | | years;
| 17 | | (4) any employee annuitant withdrawing after age 60 on | 18 | | or after
the effective date of this amendatory Act of 1998,
| 19 | | with at least 10 years of service in this fund.
| 20 | | The increases granted under items (1), (2) and (3) of this | 21 | | subsection (k)
shall not be limited by any other Section of | 22 | | this Act.
| 23 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 24 | | (40 ILCS 5/8-226) (from Ch. 108 1/2, par. 8-226)
| 25 | | Sec. 8-226. Computation of service.
In computing the term |
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| 1 | | of service of an employee prior to the effective
date, the | 2 | | entire period beginning on the date he was first appointed and
| 3 | | ending on the day before the effective date, except any | 4 | | intervening period
during which he was separated by withdrawal | 5 | | from service, shall be counted
for all purposes of this | 6 | | Article, except that for any employee who was not
in service on | 7 | | the day before the effective date, service rendered prior to
| 8 | | such date shall not be considered for the purposes of Section | 9 | | 8-138.
| 10 | | For a person employed by an employer for whom this Article | 11 | | was in effect
prior to January 1, 1950, from whose salary | 12 | | deductions are first made under
this Article after December 31, | 13 | | 1949, any period of service rendered prior
to the effective | 14 | | date, unless he was in service on the day before the
effective | 15 | | date, shall not be counted as service.
| 16 | | The time a person was an employee of any territory annexed | 17 | | to the city
prior to the effective date shall be counted as a | 18 | | period of service.
| 19 | | In computing the term of service of any employee subsequent | 20 | | to the day
before the effective date, the following periods | 21 | | shall be counted as
periods of service for age and service, | 22 | | widow's and child's annuity
purposes:
| 23 | | (a) The time during which he performed the duties of | 24 | | his position;
| 25 | | (b) Vacations, leaves of absence with whole or part | 26 | | pay, and leaves of
absence without pay not longer than 90 |
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| 1 | | days;
| 2 | | (c) Leaves of absence without pay that begin before the | 3 | | effective date of this amendatory Act of the 97th General | 4 | | Assembly and during which a participant is
employed | 5 | | full-time by a local labor organization that represents | 6 | | municipal employees,
provided that (1) the participant | 7 | | continues to make employee contributions
to the Fund as | 8 | | though he were an active employee, based on the regular
| 9 | | salary rate received by the participant
for his municipal | 10 | | employment immediately prior to such leave of absence
(and | 11 | | in the case of such employment prior to December 9, 1987, | 12 | | pays
to the Fund an amount equal
to the employee | 13 | | contributions for such employment plus regular interest
| 14 | | thereon as calculated by the board),
and based on his | 15 | | current salary with such labor organization after the
| 16 | | effective date of this amendatory Act of 1991,
(2) after | 17 | | January 1, 1989 the participant, or the labor organization | 18 | | on the
participant's behalf, makes contributions to the | 19 | | Fund as though it were the
employer, in the same amount and | 20 | | same manner as specified under this
Article, based on the | 21 | | regular salary rate received by the participant for
his | 22 | | municipal employment immediately prior to such leave of | 23 | | absence, and
based on his current salary with such labor | 24 | | organization after the effective
date of this amendatory | 25 | | Act of 1991, and (3) the participant does not receive
| 26 | | credit in any pension plan established by the local labor |
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| 1 | | organization based on
his employment by the organization;
| 2 | | (d) Any period of disability for which he received (i) | 3 | | a disability
benefit under this Article, or (ii) a | 4 | | temporary total disability benefit
under the Workers' | 5 | | Compensation Act if the disability results from a
condition | 6 | | commonly termed heart attack or stroke or any other | 7 | | condition
falling within the broad field of coronary | 8 | | involvement or heart disease,
or (iii) whole or part pay;
| 9 | | (e) Any period for which contributions and service | 10 | | credit have been
transferred to this Fund under subsection | 11 | | (d) of Section 9-121.1 or
subsection (d) of Section | 12 | | 12-127.1 of this Code.
| 13 | | For a person employed by an employer in which the 1921 Act | 14 | | was in effect
prior to January 1, 1950, from whose salary | 15 | | deductions are first made under
the 1921 Act or this Article | 16 | | after December 31, 1949, any period of service
rendered | 17 | | subsequent to the effective date and prior to the date he | 18 | | became
an employee and contributor, shall not be counted as a | 19 | | period of service
under this Article,
except such period for | 20 | | which he made payment as
provided in Section 8-230 of this | 21 | | Article, in which case such period shall
be counted as a period | 22 | | of service for all annuity purposes hereunder.
| 23 | | In computing the term of service of an employee subsequent | 24 | | to the day
before the effective date for ordinary disability | 25 | | benefit purposes, all
periods described in the preceding | 26 | | paragraph, except any such period for
which he receives |
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| 1 | | ordinary disability benefit, shall be counted as periods
of | 2 | | service; provided, that for any person employed by an employer | 3 | | in which
this Article was in effect prior to January 1, 1950, | 4 | | from whose salary
deductions are first made under this Article | 5 | | after December 31, 1949, any
period of service rendered | 6 | | subsequent to the effective date and prior to
the date he | 7 | | became an employee and contributor, shall not be counted as a
| 8 | | period of service for ordinary disability benefit purposes, | 9 | | unless the person
made payment for the period as provided in | 10 | | Section 8-230 of this Article, in
which case the period shall | 11 | | be counted as a period of service for ordinary
disability | 12 | | purposes for periods of disability on or after the effective | 13 | | date of
this amendatory Act of 1997.
| 14 | | Overtime or extra service shall not be included in | 15 | | computing any term of
service. Not more than 1 year of service | 16 | | shall be allowed for service
rendered during any calendar year. | 17 | | For the purposes of this Section, the phrase "any pension | 18 | | plan established by the local labor organization" means any | 19 | | pension plan in which a participant may receive credit as a | 20 | | result of his or her membership in the local labor | 21 | | organization, including, but not limited to, the local labor | 22 | | organization itself and its affiliates at the local, | 23 | | intrastate, State, multi-state, national, or international | 24 | | level. The definition of this phrase is a declaration of | 25 | | existing law and shall not be construed as a new enactment.
| 26 | | (Source: P.A. 90-511, eff. 8-22-97.)
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| 1 | | (40 ILCS 5/8-233) (from Ch. 108 1/2, par. 8-233)
| 2 | | Sec. 8-233. Basis of annual salary. For the purpose of this | 3 | | Article,
the annual salary of an employee whose salary or wage | 4 | | is
appropriated, fixed, or arranged in the annual appropriation | 5 | | ordinance upon
other than an annual basis shall be determined | 6 | | as follows:
| 7 | | (a) If the employee is paid on a monthly basis, the annual | 8 | | salary
is 12 times the monthly salary. If
the employee is paid | 9 | | on a weekly basis, the annual salary is 52 times
the weekly | 10 | | salary.
| 11 | | "Monthly salary" means the amount of compensation or salary
| 12 | | appropriated and payable for a normal and regular month's work | 13 | | in the
employee's position in the service. "Weekly salary" | 14 | | means
the amount of compensation or salary appropriated and | 15 | | payable
for a normal and regular week's work in the employee's | 16 | | position in the
service. If the work is on a regularly | 17 | | scheduled part time basis, then "monthly salary" and "weekly | 18 | | salary" refer,
respectively, to the part time monthly or weekly | 19 | | salary.
| 20 | | If the appropriation for the position is for a shorter | 21 | | period than 12
months a year, or 52 weeks a year if on a weekly | 22 | | basis, or the employee is
in a class, grade, or category in | 23 | | which the employee normally works for fewer than 12
months or | 24 | | 52 weeks a year, then the basis shall be adjusted
downward to | 25 | | the extent that the appropriated or
customary work period is |
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| 1 | | less than the normal 12 months
or 52 weeks of service in a | 2 | | year.
| 3 | | Compensation for overtime, at regular or overtime rates, | 4 | | that is paid in
addition to the appropriated regular and normal | 5 | | monthly or weekly salary
shall not be considered.
| 6 | | (b) If the employee is paid on a daily basis, the annual | 7 | | salary
is 260 times the daily wage. If the
employee is paid on | 8 | | an hourly basis, the annual salary is 2080 times
the hourly | 9 | | wage.
| 10 | | The norm is based on a 12-month per year, 5-day work week | 11 | | of 8 hours per
day and 40 hours per week, with consideration | 12 | | given only to time
compensated for at the straight time rate of | 13 | | compensation or wage. The
norm shall be increased (subject to a | 14 | | maximum of 300 days or 2400 hours per
year) or decreased for an | 15 | | employee
to the extent that the normal and established work | 16 | | period, at the
straight time compensation or wage for the | 17 | | position held in the
class, grade, or category in which the | 18 | | employee is assigned, is
for a greater or lesser number of | 19 | | months, weeks, days, or hours than
the period on which the | 20 | | established norm is based.
| 21 | | "Daily wage" and "hourly wage" mean,
respectively, the | 22 | | normal, regular, or basic straight time rate of
compensation or | 23 | | wage appropriated and payable for a normal and regular
day's | 24 | | work, or hour's work, in the employee's position in the | 25 | | service.
| 26 | | Any time worked in excess of the norm (or the increased or |
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| 1 | | decreased
norm, whichever is applicable) that is compensated | 2 | | for at overtime,
premium, or other than regular or basic | 3 | | straight time rates shall not be
considered as time worked, and | 4 | | the compensation for that work shall not
be considered as | 5 | | salary or wage. Such time and compensation shall in
every case | 6 | | and for all purposes be considered overtime and shall be
| 7 | | excluded for all purposes under this Article. However, the
| 8 | | straight time portion of compensation or wage, for time worked | 9 | | on holidays
that fall within an employee's established norm, | 10 | | shall be
included for all purposes under this Article.
| 11 | | (c) For minimum annuity purposes under Section 8-138, where | 12 | | a
salary rate change occurs during the year, it shall be | 13 | | considered that the
annual salary for that year is (1) the | 14 | | annual
equivalent of the monthly, weekly, daily, or hourly | 15 | | salary or
wage rate that was applicable for the greater number | 16 | | of months,
weeks, days, or hours (whichever is applicable) in
| 17 | | the year under consideration, or (2) the annual equivalent
of | 18 | | the average salary or wage rate in effect for the employee | 19 | | during the
year, whichever is greater. The average salary or | 20 | | wage rate shall be
calculated by multiplying each salary or | 21 | | wage rate in effect for the
employee during the year by the | 22 | | number of months, weeks, days, or hours
(whichever is | 23 | | applicable) during which that rate was in effect, and
dividing | 24 | | the sum of the resulting products by the total number of | 25 | | months,
weeks, days, or hours (whichever is applicable) worked | 26 | | by the employee
during the year.
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| 1 | | (d) The changes to subsection (c) made by this amendatory | 2 | | Act of 1997
apply to persons withdrawing from service on or | 3 | | after July 1, 1990 and for each
such person are intended to be | 4 | | retroactive to the date upon which the affected
annuity began. | 5 | | The Fund shall recompute the affected annuity and shall pay the
| 6 | | additional amount due for the period before the increase | 7 | | resulting from this
amendatory Act in a lump sum, without | 8 | | interest.
| 9 | | (e) This Article shall not be construed to authorize a | 10 | | salary paid by an entity other than an employer, as defined in | 11 | | Section 8-110, to be used to calculate the highest average | 12 | | annual salary of a participant. This subsection (e) is a | 13 | | declaration of existing law and shall not be construed as a new | 14 | | enactment. | 15 | | (Source: P.A. 90-31, eff. 6-27-97.)
| 16 | | (40 ILCS 5/9-219) (from Ch. 108 1/2, par. 9-219)
| 17 | | Sec. 9-219. Computation of service.
| 18 | | (1) In computing the term of service of an employee prior | 19 | | to the effective
date, the entire period beginning on the date | 20 | | he was first appointed and
ending on the day before the | 21 | | effective date, except any intervening period
during which he | 22 | | was separated by withdrawal from service, shall be counted
for | 23 | | all purposes of this Article.
| 24 | | (2) In computing the term of service of any employee on or | 25 | | after the
effective date, the following periods of time shall |
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| 1 | | be counted as periods
of service for age and service, widow's | 2 | | and child's annuity purposes:
| 3 | | (a) The time during which he performed the duties of | 4 | | his position.
| 5 | | (b) Vacations, leaves of absence with whole or part | 6 | | pay, and leaves of
absence without pay not longer than 90 | 7 | | days.
| 8 | | (c) For an employee who is a member of a county police | 9 | | department or a
correctional officer with the county | 10 | | department of corrections, approved
leaves of absence | 11 | | without pay during which the
employee serves as a full-time | 12 | | officer or employee of an employee
association, the | 13 | | membership of which consists of other participants in the
| 14 | | Fund, provided that the employee contributes to the
Fund | 15 | | (1) the amount that he would have contributed had he | 16 | | remained an active
employee in the position he
occupied at | 17 | | the time the leave of absence was granted, (2) an amount | 18 | | calculated
by the Board representing employer | 19 | | contributions, and (3) regular interest
thereon from the | 20 | | date of service to the date of payment. However, if the
| 21 | | employee's application to establish credit under this | 22 | | subsection is received
by the Fund on or after July 1, 2002 | 23 | | and before July 1, 2003, the amount
representing employer | 24 | | contributions specified in item (2) shall be waived.
| 25 | | For a former member of a county police department who | 26 | | has received a
refund under Section 9-164, periods during |
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| 1 | | which the employee serves as
head of an employee | 2 | | association, the membership of which consists of other
| 3 | | police officers, provided that the employee contributes to | 4 | | the Fund (1) the
amount that he would have contributed had | 5 | | he remained an active member of
the county police | 6 | | department in the position he occupied at the time he
left | 7 | | service, (2) an amount calculated by the Board representing | 8 | | employer
contributions, and (3) regular interest thereon | 9 | | from the date of service to
the date of payment. However, | 10 | | if the former member of the county police
department | 11 | | retires on or after January 1, 1993 but no later than March | 12 | | 1,
1993, the amount representing employer contributions | 13 | | specified in item (2)
shall be waived.
| 14 | | For leaves of absence to which this item (c) applies | 15 | | and for other periods to which this item (c) applies, | 16 | | including those leaves of absence and other periods of | 17 | | service beginning before the effective date of this | 18 | | amendatory Act of the 97th General Assembly, the employee | 19 | | or former member must continue to remain in sworn status, | 20 | | subject to the professional standards of the public | 21 | | employer or those terms established in statute.
| 22 | | (d) Any period of disability for which he received | 23 | | disability benefit or
whole or part pay.
| 24 | | (e) Accumulated vacation or other time for which an | 25 | | employee who
retires on or after November 1, 1990 receives | 26 | | a lump sum payment at the
time of retirement, provided that |
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| 1 | | contributions were made to the fund at
the time such lump | 2 | | sum payment was received. The service granted for the
lump | 3 | | sum payment shall not change the employee's date of | 4 | | withdrawal for
computing the effective date of the annuity.
| 5 | | (f) An employee may receive service credit for annuity | 6 | | purposes for
accumulated sick leave as of the date of the | 7 | | employee's withdrawal from
service, not to exceed a total | 8 | | of 180 days, provided that the amount of
such accumulated | 9 | | sick leave is certified by the County Comptroller to the
| 10 | | Board and the employee pays an amount equal to 8.5% (9% for | 11 | | members
of the County Police Department who are eligible to | 12 | | receive an annuity
under Section 9-128.1) of the amount | 13 | | that would have been paid had such
accumulated sick leave | 14 | | been paid at the employee's final rate of salary.
Such | 15 | | payment shall be made within 30 days after the date of | 16 | | withdrawal and
prior to receipt of the first annuity check. | 17 | | The service credit granted
for such accumulated sick leave | 18 | | shall not change the employee's date of
withdrawal for the | 19 | | purpose of computing the effective date of the annuity.
| 20 | | (3) In computing the term of service of an employee on or | 21 | | after the
effective date for ordinary disability benefit | 22 | | purposes, the following
periods of time shall be counted as | 23 | | periods of service:
| 24 | | (a) Unless otherwise specified in Section 9-157, the | 25 | | time during which
he performed the duties of his position.
| 26 | | (b) Paid vacations and leaves of absence with whole or |
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| 1 | | part pay.
| 2 | | (c) Any period for which he received duty disability | 3 | | benefit.
| 4 | | (d) Any period of disability for which he received | 5 | | whole or part pay.
| 6 | | (4) For an employee who on January 1, 1958, was transferred | 7 | | by Act
of the 70th General Assembly from his position in a | 8 | | department of welfare
of any city located in the county in | 9 | | which this Article is in force and
effect to a similar position | 10 | | in a department of such county, service shall
also be credited | 11 | | for ordinary disability benefit and child's annuity for
such | 12 | | period of department of welfare service during which period he | 13 | | was a
contributor to a statutory annuity and benefit fund in | 14 | | such city and for
which purposes service credit would otherwise | 15 | | not be credited by virtue of
such involuntary transfer.
| 16 | | (5) An employee described in subsection (e) of Section | 17 | | 9-108 shall receive
credit for child's annuity and ordinary | 18 | | disability benefit for the period of
time for which he was | 19 | | credited with service in the fund from which he was
| 20 | | involuntarily separated through class or group transfer; | 21 | | provided, that no such
credit shall be allowed to the extent | 22 | | that it results in a duplication of
credits or benefits, and | 23 | | neither shall such credit be allowed to the extent
that it was | 24 | | or may be forfeited by the application for and acceptance of a
| 25 | | refund from the fund from which the employee was transferred.
| 26 | | (6) Overtime or extra service shall not be included in |
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| 1 | | computing
service. Not more than 1 year of service shall be | 2 | | allowed for service
rendered during any calendar year.
| 3 | | (Source: P.A. 92-599, eff. 6-28-02.)
| 4 | | (40 ILCS 5/11-134) (from Ch. 108 1/2, par. 11-134)
| 5 | | Sec. 11-134. Minimum annuities.
| 6 | | (a) An employee whose withdrawal occurs after July 1, 1957 | 7 | | at age 60 or
over, with 20 or more years of service, (as | 8 | | service is defined or computed
in Section 11-216), for whom the | 9 | | age and service and prior service annuity
combined is less than | 10 | | the amount stated in this Section, shall, from and
after the | 11 | | date of withdrawal, in lieu of all annuities otherwise provided
| 12 | | in this Article, be entitled to receive an annuity for life of | 13 | | an amount
equal to 1 2/3% for each year of service, of the | 14 | | highest average annual
salary for any 5 consecutive years | 15 | | within the last 10 years of service
immediately preceding the | 16 | | date of withdrawal; provided, that in the case of
any employee | 17 | | who withdraws on or after July 1, 1971, such employee age 60
or | 18 | | over with 20 or more years of service, shall be entitled to | 19 | | instead
receive an annuity for life equal to 1.67% for each of | 20 | | the first 10 years
of service; 1.90% for each of the next 10 | 21 | | years of service; 2.10% for each
year of service in excess of | 22 | | 20 but not exceeding 30; and 2.30% for each
year of service in | 23 | | excess of 30, based on the highest average annual salary
for | 24 | | any 4 consecutive years within the last 10 years of service | 25 | | immediately
preceding the date of withdrawal.
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| 1 | | An employee who withdraws after July 1, 1957 and before | 2 | | January 1,
1988, with 20 or more years of service, before age | 3 | | 60, shall be entitled to
an annuity, to begin not earlier than | 4 | | age 55, if under such age at
withdrawal, as computed in the | 5 | | last preceding paragraph, reduced 0.25% if
the employee was | 6 | | born before January 1, 1936, or 0.5% if the employee was
born | 7 | | on or after January 1, 1936, for each full month or fractional | 8 | | part
thereof that his attained age when such annuity is to | 9 | | begin is less than 60.
| 10 | | Any employee born before January 1, 1936 who withdraws
with | 11 | | 20 or more years of service, and any employee with 20 or more | 12 | | years of
service who withdraws on or after January 1, 1988, may | 13 | | elect to receive, in
lieu of any other employee
annuity | 14 | | provided in this Section, an annuity for life equal to 1.80% | 15 | | for
each of the first 10 years of service, 2.00% for each of | 16 | | the next 10 years
of service, 2.20% for each year of service in | 17 | | excess of 20, but not
exceeding 30, and 2.40% for each year of | 18 | | service in excess of 30,
of the highest average annual salary | 19 | | for any 4
consecutive years within the last 10 years of service | 20 | | immediately preceding
the date of withdrawal, to begin not | 21 | | earlier than upon attained age of 55
years, if under such age | 22 | | at withdrawal, reduced 0.25% for each full month
or fractional | 23 | | part thereof that his attained age when annuity is to begin
is | 24 | | less than 60; except that an employee retiring on or after | 25 | | January 1,
1988, at age 55 or over but less than age 60, having | 26 | | at least 35 years of
service, or an employee retiring on or |
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| 1 | | after July 1, 1990, at age 55
or over but less than age 60, | 2 | | having at least 30 years of service,
or an employee retiring on | 3 | | or after the effective date of this amendatory Act
of 1997, at | 4 | | age 55 or over but less than age 60, having at least 25 years of
| 5 | | service, shall not be subject to the reduction in retirement | 6 | | annuity because
of retirement below age 60.
| 7 | | However, in the case of an employee who retired on or after | 8 | | January 1,
1985 but before January 1, 1988, at age 55 or older | 9 | | and with at least 35
years of service, and who was subject | 10 | | under this subsection (a) to the
reduction in retirement | 11 | | annuity because of retirement below age 60, that
reduction | 12 | | shall cease to be effective January 1, 1991, and the retirement
| 13 | | annuity shall be recalculated accordingly.
| 14 | | Any employee who withdraws on or after July 1, 1990, with | 15 | | 20 or more
years of service, may elect to receive, in lieu of | 16 | | any other employee
annuity provided in this Section, an annuity | 17 | | for life equal to 2.20% for
each year of service if withdrawal | 18 | | is before January 1, 2002, or
2.40% for each year of service if | 19 | | withdrawal is on or after January 1,
2002, of the highest | 20 | | average annual salary for any 4
consecutive years within the | 21 | | last 10 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 each | 24 | | full month
or fractional part thereof that his attained age | 25 | | when annuity is to begin
is less than 60; except that an | 26 | | employee retiring at age 55 or over but
less than age 60, |
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| 1 | | having at least 30 years of service, shall not be subject
to | 2 | | the reduction in retirement annuity because of retirement below | 3 | | age 60.
| 4 | | Any employee who withdraws on or after the effective date | 5 | | of this
amendatory Act of 1997 with 20 or more years of service | 6 | | may elect to receive,
in lieu of any other employee annuity | 7 | | provided in this Section, an annuity for
life equal to 2.20% | 8 | | for each year of service if withdrawal is before
January 1, | 9 | | 2002, or 2.40% for each year of service if withdrawal is
on or
| 10 | | after January 1, 2002, of the
highest average annual
salary for | 11 | | any 4 consecutive years within the last 10 years of service
| 12 | | immediately preceding the date of withdrawal, to begin not | 13 | | earlier than upon
attainment of age 55 (age 50 if the employee | 14 | | has at least 30 years of service),
reduced 0.25% for each full | 15 | | month or remaining fractional part thereof that the
employee's | 16 | | attained age when annuity is to begin is less than 60; except | 17 | | that
an employee retiring at age 50 or over with at least 30 | 18 | | years of service or at
age 55 or over with at least 25 years of | 19 | | service shall not be subject to the
reduction in retirement | 20 | | annuity because of retirement below age 60.
| 21 | | The maximum annuity payable under this paragraph (a) of | 22 | | this Section
shall not exceed 70% of highest average annual | 23 | | salary in the case of an
employee who withdraws prior to July | 24 | | 1, 1971, 75% if withdrawal takes place on
or after July 1, 1971 | 25 | | and prior to January 1, 2002, or 80% if
withdrawal
is on or | 26 | | after January 1, 2002. For the purpose of the
minimum annuity
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| 1 | | provided in said paragraphs $1,500 shall be considered the | 2 | | minimum annual
salary for any year; and the maximum annual | 3 | | salary to be considered for the
computation of such annuity | 4 | | shall be $4,800 for any year prior to 1953,
$6,000 for the | 5 | | years 1953 to 1956, inclusive, and the actual annual salary,
as | 6 | | salary is defined in this Article, for any year thereafter.
| 7 | | (b) For an employee receiving disability benefit, his | 8 | | salary for annuity
purposes under this Section shall, for all | 9 | | periods of disability benefit
subsequent to the year 1956, be | 10 | | the amount on which his disability benefit
was based.
| 11 | | (c) An employee with 20 or more years of service, whose | 12 | | entire
disability benefit credit period expires prior to | 13 | | attainment of age 55
while still disabled for service, shall be | 14 | | entitled upon withdrawal to the
larger of (1) the minimum | 15 | | annuity provided above assuming that he is then
age 55, and | 16 | | reducing such annuity to its actuarial equivalent at his
| 17 | | attained age on such date, or (2) the annuity provided from his | 18 | | age and
service and prior service annuity credits.
| 19 | | (d) The minimum annuity provisions as aforesaid shall not | 20 | | apply to any
former employee receiving an annuity from the | 21 | | fund, and who re-enters
service as an employee, unless he | 22 | | renders at least 3 years of additional
service after the date | 23 | | of re-entry.
| 24 | | (e) An employee in service on July 1, 1947, or who became a | 25 | | contributor
after July 1, 1947 and prior to July 1, 1950, or | 26 | | who shall become a
contributor to the fund after July 1, 1950 |
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| 1 | | prior to attainment of age 70,
who withdraws after age 65 with | 2 | | less than 20 years of service, for whom the
annuity has been | 3 | | fixed under the foregoing Sections of this Article shall,
in | 4 | | lieu of the annuity so fixed, receive an annuity as follows:
| 5 | | Such amount as he could have received had the accumulated | 6 | | amounts for
annuity been improved with interest at the | 7 | | effective rate to the date of
his withdrawal, or to attainment | 8 | | of age 70, whichever is earlier, and had
the city contributed | 9 | | to such earlier date for age and service annuity the
amount | 10 | | that would have been contributed had he been under age 65, | 11 | | after the
date his annuity was fixed in accordance with this | 12 | | Article, and assuming
his annuity were computed from such | 13 | | accumulations as of his age on such
earlier date. The annuity | 14 | | so computed shall not exceed the annuity which
would be payable | 15 | | under the other provisions of this Section if the employee
was | 16 | | credited with 20 years of service and would qualify for annuity
| 17 | | thereunder.
| 18 | | (f) In lieu of the annuity provided in this or in any other | 19 | | Section of
this Article, an employee having attained age 65 | 20 | | with at least 15 years of
service who withdraws from service on | 21 | | or after July 1, 1971 and whose
annuity computed under other | 22 | | provisions of this Article is less than the
amount provided | 23 | | under this paragraph shall be entitled to receive a minimum
| 24 | | annual annuity for life equal to 1% of the highest average | 25 | | annual salary
for any 4 consecutive years within the last 10 | 26 | | years of service immediately
preceding retirement for each year |
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| 1 | | of his service plus the sum of $25 for
each year of service. | 2 | | Such annual annuity shall not exceed the maximum
percentages | 3 | | stated under paragraph (a) of this Section of such highest
| 4 | | average annual salary.
| 5 | | (f-1) Instead of any other retirement annuity provided in | 6 | | this Article,
an employee who has at least 10 years of service | 7 | | and withdraws from service
on or after January 1, 1999 may | 8 | | elect to receive a retirement annuity for
life, beginning no | 9 | | earlier than upon attainment of age 60, equal to 2.2%
if | 10 | | withdrawal is before January 1, 2002, or 2.4% for each year of
| 11 | | service if
withdrawal is on or after January 1, 2002, of final
| 12 | | average salary for
each
year of service, subject to a maximum | 13 | | of 75% of final average salary
if withdrawal is before January | 14 | | 1, 2002, or 80% if withdrawal is on
or after
January 1, 2002. | 15 | | For the purpose of calculating this
annuity, "final average
| 16 | | salary" means the highest average annual salary for any 4 | 17 | | consecutive years
in the last 10 years of service. | 18 | | Nothwithstanding any provision of this subsection to the | 19 | | contrary, the "final average salary" for a participant that | 20 | | received credit under item (3) of subsection (c) of Section | 21 | | 11-215 means the highest average salary for any 4 consecutive | 22 | | years (or any 8 consecutive years if the employee first became | 23 | | a participant on or after January 1, 2011) in the 10 years | 24 | | immediately prior to the leave of absence, and adding to that | 25 | | highest average salary, the product of (i) that highest average | 26 | | salary, (ii) the average percentage increase in the Consumer |
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| 1 | | Price Index during each 12-month calendar year for the calendar | 2 | | years during the participant's leave of absence, and (iii) the | 3 | | length of the leave of absence in years, provided that this | 4 | | shall not exceed the participant's salary at the local labor | 5 | | organization. For purposes of this Section, the Consumer Price | 6 | | Index is the Consumer Price Index for All Urban Consumers for | 7 | | all items published by the United States Department of Labor.
| 8 | | (g) Any annuity payable under the preceding subsections of | 9 | | this Section
11-134 shall be paid in equal monthly | 10 | | installments.
| 11 | | (h) The amendatory provisions of part (a) and (f) of this | 12 | | Section shall
be effective July 1, 1971 and apply in the case | 13 | | of every qualifying
employee withdrawing on or after July 1, | 14 | | 1971.
| 15 | | (h-1) The changes made to this Section by Public Act 92-609 | 16 | | (increasing the retirement
formula to 2.4% per year of service | 17 | | and increasing the maximum to 80%) apply
to persons who | 18 | | withdraw from service on or after January 1, 2002, regardless
| 19 | | of whether that withdrawal takes place before the effective | 20 | | date of that Act. In the case of a person who withdraws from | 21 | | service
on or after January 1, 2002 but begins to receive a | 22 | | retirement annuity before
July 1, 2002, the annuity
shall be | 23 | | recalculated, with the increase resulting from Public Act | 24 | | 92-609
accruing from the date the retirement annuity
began. The | 25 | | changes made by Public Act 92-609 control over the changes made
| 26 | | by Public Act 92-599, as provided in Section 95 of P.A. 92-609.
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| 1 | | (i) The amendatory provisions of this amendatory Act of | 2 | | 1985 relating to
the discount of annuity because of retirement | 3 | | prior to attainment of age 60
and increasing the retirement | 4 | | formula for those born before January 1, 1936,
shall apply only | 5 | | to qualifying employees withdrawing on or after
August 16, | 6 | | 1985.
| 7 | | (j) Beginning on January 1, 1999, the minimum amount of | 8 | | employee's annuity
shall be $850 per month for life for the | 9 | | following classes of employees,
without regard to the fact that | 10 | | withdrawal occurred prior to the effective
date of this | 11 | | amendatory Act of 1998:
| 12 | | (1) any employee annuitant alive and receiving a life | 13 | | annuity on the
effective date of this amendatory Act of | 14 | | 1998, except a reciprocal
annuity;
| 15 | | (2) any employee annuitant alive and receiving a term | 16 | | annuity on the
effective date of this amendatory Act of | 17 | | 1998, except a reciprocal
annuity;
| 18 | | (3) any employee annuitant alive and receiving a | 19 | | reciprocal annuity on
the effective date of this amendatory | 20 | | Act of 1998, whose service
in this fund is at least 5 | 21 | | years;
| 22 | | (4) any employee annuitant withdrawing after age 60 on | 23 | | or after the
effective date of this amendatory Act of 1998, | 24 | | with at least 10
years of service in this fund.
| 25 | | The increases granted under items (1), (2) and (3) of this | 26 | | subsection (j)
shall not be limited by any other Section of |
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| 1 | | this Act.
| 2 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 3 | | (40 ILCS 5/11-215) (from Ch. 108 1/2, par. 11-215)
| 4 | | Sec. 11-215. Computation of service.
| 5 | | (a) In computing the term of service of an employee prior | 6 | | to the effective
date, the entire period beginning on the date | 7 | | he was first appointed and ending
on the day before the | 8 | | effective date, except any intervening period during
which he | 9 | | was separated by withdrawal from service, shall be counted for | 10 | | all
purposes of this Article. Only the first year of each | 11 | | period of lay-off or
leave of absence without pay, continuing | 12 | | or extending for a period in excess
of one year, shall be | 13 | | counted as such service.
| 14 | | (b) For a person employed by an employer for whom this | 15 | | Article was in effect
prior to August 1, 1949, from whose | 16 | | salary deductions are first made under
this Article after July | 17 | | 31, 1949, any period of service rendered prior to
the effective | 18 | | date, unless he was in service on the day before the
effective | 19 | | date, shall not be counted as service.
| 20 | | (c) In computing the term of service of an employee | 21 | | subsequent to the day
before the effective date, the following | 22 | | periods of time shall be counted
as periods of service for | 23 | | annuity purposes:
| 24 | | (1) the time during which he performed the duties of | 25 | | his position;
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| 1 | | (2) leaves of absence with whole or part pay, and | 2 | | leaves of absence
without pay not longer than 90 days;
| 3 | | (3) leaves of absence without pay that begin before the | 4 | | effective date of this amendatory Act of the 97th General | 5 | | Assembly and during which a participant is
employed | 6 | | full-time by a local labor organization that represents | 7 | | municipal
employees, provided that (A) the participant | 8 | | continues to make employee
contributions to the Fund as | 9 | | though he were an active employee, based
on the regular | 10 | | salary rate received by the
participant for his municipal | 11 | | employment immediately prior to such leave of
absence (and | 12 | | in the case of such employment prior to December 9, 1987,
| 13 | | pays to the Fund an amount equal to the employee | 14 | | contributions for such
employment plus regular interest | 15 | | thereon as calculated by the board), and
based on his | 16 | | current salary with such labor organization after the
| 17 | | effective date of this amendatory Act of 1991, (B) after | 18 | | January 1, 1989
the participant, or the labor organization | 19 | | on the participant's behalf,
makes contributions to the | 20 | | Fund as though it were the employer, in the same
amount and | 21 | | same manner as specified under this Article, based on the
| 22 | | regular salary rate received by the participant for his | 23 | | municipal
employment immediately prior to such leave of | 24 | | absence, and
based on his current salary with such labor | 25 | | organization after the
effective date of this amendatory | 26 | | Act of 1991, and (C)
the participant does
not receive |
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| 1 | | credit in any pension plan established by the local labor
| 2 | | organization based on his employment by the organization;
| 3 | | (4) any period of disability for which he received (i) | 4 | | a disability
benefit under this Article, or (ii) a | 5 | | temporary total disability benefit
under the Workers' | 6 | | Compensation Act if the disability results from a
condition | 7 | | commonly termed heart attack or stroke or any other | 8 | | condition
falling within the broad field of coronary | 9 | | involvement or heart disease,
or (iii) whole or part pay.
| 10 | | (d) For a person employed by an employer, or the retirement | 11 | | board, in which
"The 1935 Act" was in effect prior to August 1, | 12 | | 1949, from whose salary
deductions are first made under "The | 13 | | 1935 Act" or this Article after July
31, 1949, any period of | 14 | | service rendered subsequent to the effective date
and prior to | 15 | | August 1, 1949, shall not be counted as a period of service
| 16 | | under this Article, except such period for which he made | 17 | | payment, as
provided in Section 11-221 of this Article, in | 18 | | which case such period
shall be counted as a period of service | 19 | | for all annuity purposes hereunder.
| 20 | | (e) In computing the term of service of an employee | 21 | | subsequent to the day
before the effective date for ordinary | 22 | | disability benefit purposes, the
following periods of time | 23 | | shall be counted as periods of service:
| 24 | | (1) any period during which he performed the duties of | 25 | | his position;
| 26 | | (2) leaves of absence with whole or part pay;
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| 1 | | (3) any period of disability for which he received (i)
| 2 | | a duty disability benefit under this Article, or (ii) a | 3 | | temporary total
disability benefit under the Workers' | 4 | | Compensation Act if the disability
results from a condition | 5 | | commonly termed heart attack or stroke or any
other | 6 | | condition falling within the broad field of coronary | 7 | | involvement or
heart disease, or (iii) whole or 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
which | 13 | | case the period shall be counted as a period of service for | 14 | | ordinary
disability purposes for periods of disability on or | 15 | | 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 service | 18 | | shall be allowed for service
rendered during any calendar year.
| 19 | | For the purposes of this Section, the phrase "any pension | 20 | | plan established by the local labor organization" means any | 21 | | pension plan in which a participant may receive credit as a | 22 | | result of his or her membership in the local labor | 23 | | organization, including, but not limited to, the local labor | 24 | | organization itself and its affiliates at the local, | 25 | | intrastate, State, multi-state, national, or international | 26 | | level. The definition of this phrase is a declaration of |
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| 1 | | existing law and shall not be construed as a new enactment. | 2 | | (Source: P.A. 90-511, eff. 8-22-97.)
| 3 | | (40 ILCS 5/11-217) (from Ch. 108 1/2, par. 11-217)
| 4 | | Sec. 11-217. Basis of annual salary. For the purpose of | 5 | | this Article,
the annual salary of an employee whose salary or | 6 | | wage is
appropriated, fixed, or arranged in the annual | 7 | | appropriation ordinance upon
other than an annual basis shall | 8 | | be determined as follows:
| 9 | | (a) If the employee is paid on a monthly basis, the annual | 10 | | salary
is 12 times the monthly salary. If
the employee is paid | 11 | | on a weekly basis, the annual salary is 52 times
the weekly | 12 | | salary.
| 13 | | "Monthly salary" means the amount of compensation or salary
| 14 | | appropriated and payable for a normal and regular month's work | 15 | | in the
employee's position in the service. "Weekly salary" | 16 | | means
the amount of compensation or salary appropriated and | 17 | | payable
for a normal and regular week's work in the employee's | 18 | | position in the
service. If the work is on a regularly | 19 | | scheduled part time basis, then "monthly salary" and "weekly | 20 | | salary" refer,
respectively, to the part time monthly or weekly | 21 | | salary.
| 22 | | If the appropriation for the position is for a shorter | 23 | | period than 12
months a year, or 52 weeks a year if on a weekly | 24 | | basis, or the employee is
in a class, grade, or category in | 25 | | which the employee normally works for fewer than 12
months or |
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| 1 | | 52 weeks a year, then the basis shall be adjusted
downward to | 2 | | the extent that the appropriated or
customary work period is | 3 | | less than the normal 12 months or 52
weeks of service in a | 4 | | year.
| 5 | | Compensation for overtime, at regular or overtime rates, | 6 | | that is paid in
addition to the appropriated regular and normal | 7 | | monthly or weekly salary
shall not be considered.
| 8 | | (b) If the employee is paid on a daily basis, the annual | 9 | | salary
is 260 times the daily wage. If the
employee is paid on | 10 | | an hourly basis, the annual salary is 2080 times
the hourly | 11 | | wage.
| 12 | | The norm is based on a 12-month per year, 5-day work week | 13 | | of 8 hours per
day and 40 hours per week, with consideration | 14 | | given only to time
compensated for at the straight time rate of | 15 | | compensation or wage. The
norm shall be increased (subject to a | 16 | | maximum of 300 days or 2400 hours per
year) or decreased for an | 17 | | employee
to the extent that the normal and established work | 18 | | period, at the
straight time compensation or wage for the | 19 | | position held in the
class, grade, or category in which the | 20 | | employee is assigned, is
for a greater or lesser number of | 21 | | months, weeks, days, or hours than
the period on which the | 22 | | established norm is based.
| 23 | | "Daily wage" and "hourly wage" mean,
respectively, the | 24 | | normal, regular, or basic straight time rate of
compensation or | 25 | | wage appropriated and payable for a normal and regular
day's | 26 | | work, or hour's work, in the employee's position in the |
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| 1 | | service.
| 2 | | Any time worked in excess of the norm (or the increased or | 3 | | decreased
norm, whichever is applicable) that is compensated | 4 | | for at overtime,
premium, or other than regular or basic | 5 | | straight time rates shall not be
considered as time worked, and | 6 | | the compensation for that work shall not
be considered as | 7 | | salary or wage. Such time and compensation shall in
every case | 8 | | and for all purposes be considered overtime and shall be
| 9 | | excluded for all purposes under this Article. However, the
| 10 | | straight time portion of compensation or wage, for time worked | 11 | | on holidays
that fall within an employee's established norm, | 12 | | shall be
included for all purposes under this Article.
| 13 | | (c) For minimum annuity purposes under Section 11-134, | 14 | | where a
salary rate change occurs during the year, it shall be | 15 | | considered that the
annual salary for that year is (1) the | 16 | | annual
equivalent of the monthly, weekly, daily, or hourly | 17 | | salary or
wage rate that was applicable for the greater number | 18 | | of months,
weeks, days, or hours (whichever is applicable) in
| 19 | | the year under consideration, or (2) the annual equivalent
of | 20 | | the average salary or wage rate in effect for the employee | 21 | | during the
year, whichever is greater. The average salary or | 22 | | wage rate shall be
calculated by multiplying each salary or | 23 | | wage rate in effect for the
employee during the year by the | 24 | | number of months, weeks, days, or hours
(whichever is | 25 | | applicable) during which that rate was in effect, and
dividing | 26 | | the sum of the resulting products by the total number of |
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| 1 | | months,
weeks, days, or hours (whichever is applicable) worked | 2 | | by the employee
during the year.
| 3 | | (d) The changes to subsection (c) made by this amendatory | 4 | | Act of 1997
apply to persons withdrawing from service on or | 5 | | after July 1, 1990 and for each
such person are intended to be | 6 | | retroactive to the date upon which the affected
annuity began. | 7 | | The Fund shall recompute the affected annuity and shall pay the
| 8 | | additional amount due for the period before the increase | 9 | | resulting from this
amendatory Act in a lump sum, without | 10 | | interest.
| 11 | | (e) This Article shall not be construed to authorize a | 12 | | salary paid by an entity other than an employer, as defined in | 13 | | Section 11-107, to be used to calculate the highest average | 14 | | annual salary of a participant. This subsection (e) is a | 15 | | declaration of existing law and shall not be construed as a new | 16 | | enactment. | 17 | | (Source: P.A. 90-31, eff. 6-27-97.)
| 18 | | (40 ILCS 5/15-107) (from Ch. 108 1/2, par. 15-107)
| 19 | | Sec. 15-107. Employee.
| 20 | | (a) "Employee" means any member of the educational, | 21 | | administrative,
secretarial, clerical, mechanical, labor or | 22 | | other staff of an employer
whose employment is permanent and | 23 | | continuous or who is employed in a
position in which services | 24 | | are expected to be rendered on a continuous
basis for at least | 25 | | 4 months or one academic term, whichever is less, who
(A) |
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| 1 | | receives payment for personal services on a warrant issued | 2 | | pursuant to
a payroll voucher certified by an employer and | 3 | | drawn by the State
Comptroller upon the State Treasurer or by | 4 | | an employer upon trust, federal
or other funds, or (B) is on a | 5 | | leave of absence without pay. Employment
which is irregular, | 6 | | intermittent or temporary shall not be considered
continuous | 7 | | for purposes of this paragraph.
| 8 | | However, a person is not an "employee" if he or she:
| 9 | | (1) is a student enrolled in and regularly attending | 10 | | classes in a
college or university which is an employer, | 11 | | and is employed on a temporary
basis at less than full | 12 | | time;
| 13 | | (2) is currently receiving a retirement annuity or a | 14 | | disability
retirement annuity under Section 15-153.2 from | 15 | | this System;
| 16 | | (3) is on a military leave of absence;
| 17 | | (4) is eligible to participate in the Federal Civil | 18 | | Service Retirement
System and is currently making | 19 | | contributions to that system based upon
earnings paid by an | 20 | | employer;
| 21 | | (5) is on leave of absence without pay for more than 60 | 22 | | days
immediately following termination of disability | 23 | | benefits under this
Article;
| 24 | | (6) is hired after June 30, 1979 as a public service | 25 | | employment program
participant under the Federal | 26 | | Comprehensive Employment and Training Act
and receives |
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| 1 | | earnings in whole or in part from funds provided under that
| 2 | | Act; or
| 3 | | (7) is employed on or after July 1, 1991 to perform | 4 | | services that
are excluded by subdivision (a)(7)(f) or | 5 | | (a)(19) of Section 210 of the
federal Social Security Act | 6 | | from the definition of employment given in that
Section (42 | 7 | | U.S.C. 410).
| 8 | | (b) Any employer may, by filing a written notice with the | 9 | | board, exclude
from the definition of "employee" all persons | 10 | | employed pursuant to a federally
funded contract entered into | 11 | | after July 1, 1982 with a federal military
department in a | 12 | | program providing training in military courses to federal
| 13 | | military personnel on a military site owned by the United | 14 | | States Government,
if this exclusion is not prohibited by the | 15 | | federally funded contract or
federal laws or rules governing | 16 | | the administration of the contract.
| 17 | | (c) Any person appointed by the Governor under the Civil | 18 | | Administrative
Code of the State is an employee, if he or she | 19 | | is a participant in this
system on the effective date of the | 20 | | appointment.
| 21 | | (d) A participant on lay-off status under civil service | 22 | | rules is
considered an employee for not more than 120 days from | 23 | | the date of the lay-off.
| 24 | | (e) A participant is considered an employee during (1) the | 25 | | first 60 days
of disability leave, (2) the period, not to | 26 | | exceed one year, in which his
or her eligibility for disability |
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| 1 | | benefits is being considered by the board
or reviewed by the | 2 | | courts, and (3) the period he or she receives disability
| 3 | | benefits under the provisions of Section 15-152, workers' | 4 | | compensation or
occupational disease benefits, or disability | 5 | | income under an insurance
contract financed wholly or partially | 6 | | by the employer.
| 7 | | (f) Absences without pay, other than formal leaves of | 8 | | absence, of less
than 30 calendar days, are not considered as | 9 | | an interruption of a person's
status as an employee. If such | 10 | | absences during any period of 12 months
exceed 30 work days, | 11 | | the employee status of the person is considered as
interrupted | 12 | | as of the 31st work day.
| 13 | | (g) A staff member whose employment contract requires | 14 | | services during
an academic term is to be considered an | 15 | | employee during the summer and
other vacation periods, unless | 16 | | he or she declines an employment contract
for the succeeding | 17 | | academic term or his or her employment status is
otherwise | 18 | | terminated, and he or she receives no earnings during these | 19 | | periods.
| 20 | | (h) An individual who was a participating employee employed | 21 | | in the fire
department of the University of Illinois's | 22 | | Champaign-Urbana campus immediately
prior to the elimination | 23 | | of that fire department and who immediately after the
| 24 | | elimination of that fire department became employed by the fire | 25 | | department of
the City of Urbana or the City of Champaign shall | 26 | | continue to be considered as
an employee for purposes of this |
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| 1 | | Article for so long as the individual remains
employed as a | 2 | | firefighter by the City of Urbana or the City of Champaign. The
| 3 | | individual shall cease to be considered an employee under this | 4 | | subsection (h)
upon the first termination of the individual's | 5 | | employment as a firefighter by
the City of Urbana or the City | 6 | | of Champaign.
| 7 | | (i) An individual who is employed on a full-time basis as | 8 | | an officer
or employee of a statewide teacher organization that | 9 | | serves System
participants or an officer of a national teacher | 10 | | organization that serves
System participants may participate | 11 | | in the System and shall be deemed an
employee, provided that | 12 | | (1) the individual has previously earned
creditable service | 13 | | under this Article, (2) the individual files with the
System an | 14 | | irrevocable election to become a participant before the | 15 | | effective date of this amendatory Act of the 97th General | 16 | | Assembly , and (3) the
individual does not receive credit for | 17 | | that employment under any other Article
of this Code , and (4) | 18 | | the individual first became a full-time employee of the teacher | 19 | | organization and becomes a participant before the effective | 20 | | date of this amendatory Act of the 97th General Assembly . An | 21 | | employee under this subsection (i) is responsible for paying
to | 22 | | the System both (A) employee contributions based on the actual | 23 | | compensation
received for service with the teacher | 24 | | organization and (B) employer
contributions equal to the normal | 25 | | costs (as defined in Section 15-155)
resulting from that | 26 | | service; all or any part of these contributions may be
paid on |
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| 1 | | the employee's behalf or picked up for tax purposes (if | 2 | | authorized
under federal law) by the teacher organization.
| 3 | | A person who is an employee as defined in this subsection | 4 | | (i) may establish
service credit for similar employment prior | 5 | | to becoming an employee under this
subsection by paying to the | 6 | | System for that employment the contributions
specified in this | 7 | | subsection, plus interest at the effective rate from the
date | 8 | | of service to the date of payment. However, credit shall not be | 9 | | granted
under this subsection for any such prior employment for | 10 | | which the applicant
received credit under any other provision | 11 | | of this Code, or during which
the applicant was on a leave of | 12 | | absence under Section 15-113.2.
| 13 | | (j) A person employed by the State Board of Higher | 14 | | Education in a position with the Illinois Century Network as of | 15 | | June 30, 2004 shall be considered to be an employee for so long | 16 | | as he or she remains continuously employed after that date by | 17 | | the Department of Central Management Services in a position | 18 | | with the Illinois Century Network, the Bureau of Communication | 19 | | and Computer Services, or, if applicable, any successor bureau
| 20 | | and meets the requirements of subsection (a).
| 21 | | (Source: P.A. 95-369, eff. 8-23-07.)
| 22 | | (40 ILCS 5/16-106) (from Ch. 108 1/2, par. 16-106)
| 23 | | Sec. 16-106. Teacher. "Teacher": The following | 24 | | individuals, provided
that, for employment prior to July 1, | 25 | | 1990, they are employed on a
full-time basis, or if not |
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| 1 | | full-time, on a permanent and continuous basis
in a position in | 2 | | which services are expected to be rendered for at least
one | 3 | | school term:
| 4 | | (1) Any educational, administrative, professional or | 5 | | other staff employed
in the public common schools included | 6 | | within this system in a position
requiring certification | 7 | | under the law governing the certification of
teachers;
| 8 | | (2) Any educational, administrative, professional or | 9 | | other staff employed
in any facility of the Department of | 10 | | Children and Family Services or the
Department of Human | 11 | | Services, in a position requiring certification under
the | 12 | | law governing the certification of teachers, and any person | 13 | | who (i)
works in such a position for the Department of | 14 | | Corrections, (ii) was a member
of this System on May 31, | 15 | | 1987, and (iii) did not elect to become a member of
the | 16 | | State Employees' Retirement System pursuant to Section | 17 | | 14-108.2 of this
Code; except that "teacher" does not | 18 | | include any person who (A) becomes
a security employee of | 19 | | the Department of Human Services, as defined in
Section | 20 | | 14-110, after June 28, 2001 (the effective date of Public | 21 | | Act
92-14), or (B) becomes a member of the State Employees'
| 22 | | Retirement System pursuant to Section 14-108.2c of this | 23 | | Code;
| 24 | | (3) Any regional superintendent of schools, assistant | 25 | | regional
superintendent of schools, State Superintendent | 26 | | of Education; any person
employed by the State Board of |
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| 1 | | Education as an executive; any executive of
the boards | 2 | | engaged in the service of public common school education in
| 3 | | school districts covered under this system of which the | 4 | | State
Superintendent of Education is an ex-officio member;
| 5 | | (4) Any employee of a school board association | 6 | | operating in compliance
with Article 23 of the School Code | 7 | | who is certificated under the law
governing the | 8 | | certification of teachers;
| 9 | | (5) Any person employed by the retirement system
who:
| 10 | | (i) was an employee of and a participant in the | 11 | | system on August 17,
2001 (the effective date of Public | 12 | | Act 92-416), or
| 13 | | (ii) becomes an employee of the system on or after | 14 | | August 17, 2001;
| 15 | | (6) Any educational, administrative, professional or | 16 | | other staff
employed by and under the supervision and | 17 | | control of a regional
superintendent of schools, provided | 18 | | such employment position requires the
person to be | 19 | | certificated under the law governing the certification of
| 20 | | teachers and is in an educational program serving 2 or more | 21 | | districts in
accordance with a joint agreement authorized | 22 | | by the School Code or by federal
legislation;
| 23 | | (7) Any educational, administrative, professional or | 24 | | other staff employed
in an educational program serving 2 or | 25 | | more school districts in accordance
with a joint agreement | 26 | | authorized by the School Code or by federal
legislation and |
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| 1 | | in a position requiring certification under the laws
| 2 | | governing the certification of teachers;
| 3 | | (8) Any officer or employee of a statewide teacher | 4 | | organization or
officer of a national teacher organization | 5 | | who is certified under the law
governing certification of | 6 | | teachers, provided: (i) the individual had
previously | 7 | | established creditable service under this Article, (ii) | 8 | | the
individual files with the system an irrevocable | 9 | | election to become a member before the effective date of | 10 | | this amendatory Act of the 97th General Assembly ,
and (iii) | 11 | | the individual does not receive credit for such service | 12 | | under any
other Article of this Code , and (iv) the | 13 | | individual first became an officer or employee of the | 14 | | teacher organization and becomes a member before the | 15 | | effective date of this amendatory Act of the 97th General | 16 | | Assembly ;
| 17 | | (9) Any educational, administrative, professional, or | 18 | | other staff
employed in a charter school operating in | 19 | | compliance with the Charter
Schools Law who is certificated | 20 | | under the law governing the certification
of teachers.
| 21 | | (10) Any person employed, on the effective date of this | 22 | | amendatory Act of the 94th General Assembly, by the | 23 | | Macon-Piatt Regional Office of Education in a | 24 | | birth-through-age-three pilot program receiving funds | 25 | | under Section 2-389 of the School Code who is required by | 26 | | the Macon-Piatt Regional Office of Education to hold a |
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| 1 | | teaching certificate, provided that the Macon-Piatt | 2 | | Regional Office of Education makes an election, within 6 | 3 | | months after the effective date of this amendatory Act of | 4 | | the 94th General Assembly, to have the person participate | 5 | | in the system. Any service established prior to the | 6 | | effective date of this amendatory Act of the 94th General | 7 | | Assembly for service as an employee of the Macon-Piatt | 8 | | Regional Office of Education in a birth-through-age-three | 9 | | pilot program receiving funds under Section 2-389 of the | 10 | | School Code shall be considered service as a teacher if | 11 | | employee and employer contributions have been received by | 12 | | the system and the system has not refunded those | 13 | | contributions.
| 14 | | An annuitant receiving a retirement annuity under this | 15 | | Article or under
Article 17 of this Code who is employed by a | 16 | | board of education
or other employer as permitted under Section | 17 | | 16-118
or 16-150.1 is not a "teacher" for purposes of this | 18 | | Article. A person who
has received a single-sum retirement | 19 | | benefit under Section 16-136.4 of this
Article is not a | 20 | | "teacher" for purposes of this Article. | 21 | | A person who is a teacher as described in item (8) of this | 22 | | Section may establish service credit for similar employment | 23 | | prior to becoming certified as a teacher if he or she (i) is | 24 | | certified as a teacher on or before the effective date of this | 25 | | amendatory Act of the 94th General Assembly, (ii) applies in | 26 | | writing to the system within 6 months after the effective date |
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| 1 | | of this amendatory Act of the 94th General Assembly, and (iii) | 2 | | pays to the system contributions equal to the normal costs | 3 | | calculated from the date of first full-time employment as | 4 | | described in item (8) to the date of payment, compounded | 5 | | annually at the rate of 8.5% per year for periods before the | 6 | | effective date of this amendatory Act of the 94th General | 7 | | Assembly and for subsequent periods at a rate equal to the | 8 | | System's actuarially assumed rate of return on investments. | 9 | | However, credit shall not be granted under this paragraph for | 10 | | any such prior employment for which the applicant received | 11 | | credit under any other provision of this Code.
| 12 | | (Source: P.A. 93-320, eff. 7-23-03; 94-1111, eff. 2-27-07.)
| 13 | | (40 ILCS 5/17-134) (from Ch. 108 1/2, par. 17-134)
| 14 | | Sec. 17-134. Contributions for leaves of absence; military | 15 | | service;
computing service. In computing service for pension | 16 | | purposes the following
periods of service shall stand in lieu | 17 | | of a like number of years of teaching
service upon payment | 18 | | therefor in the manner hereinafter provided: (a) time
spent on | 19 | | a leave of absence granted by the
employer;
(b) service with | 20 | | teacher or labor organizations based upon special
leaves of | 21 | | absence therefor granted by an Employer; (c) a maximum of 5 | 22 | | years
spent in the military service of the United States, of | 23 | | which up to 2 years
may have been served outside the pension | 24 | | period; (d) unused sick days at
termination of service to a | 25 | | maximum of 244 days; (e) time lost due
to layoff and |
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| 1 | | curtailment of the school term from June 6 through June 21, | 2 | | 1976;
and (f) time spent after June 30, 1982 as a member of the | 3 | | Board of Education,
if required to resign from an | 4 | | administrative or teaching position in order to
qualify as a | 5 | | member of the Board of Education.
| 6 | | (1) For time spent on or after September 6, 1948 on | 7 | | sabbatical
leaves of absence or sick leaves, for which | 8 | | salaries are paid, an Employer
shall make payroll | 9 | | deductions at the applicable rates in effect
during such | 10 | | periods.
| 11 | | (2) For time spent on a leave of absence granted by the | 12 | | employer for which no salaries are paid,
teachers desiring | 13 | | credit therefor shall pay the required contributions at the
| 14 | | rates in effect during such periods as though they were in | 15 | | teaching service.
If an Employer pays salary for vacations | 16 | | which occur during a teacher's sick
leave or maternity or | 17 | | paternity leave without salary, vacation pay for which
the | 18 | | teacher would have qualified while in active service shall | 19 | | be considered
part of the teacher's total salary for | 20 | | pension purposes. No more than 36 months of leave credit | 21 | | may be
allowed any person during the entire term of | 22 | | service. Sabbatical leave credit
shall be limited to the | 23 | | time the person on leave without salary under an
Employer's | 24 | | rules is allowed to engage in an activity for which he | 25 | | receives
salary or compensation.
| 26 | | (3) For time spent prior to September 6, 1948, on |
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| 1 | | sabbatical
leaves of absence or sick leaves for which | 2 | | salaries were paid, teachers
desiring service credit | 3 | | therefor shall pay the required contributions at the
| 4 | | maximum applicable rates in effect during such periods.
| 5 | | (4) For service with teacher or labor organizations | 6 | | authorized by special
leaves of absence, for which no | 7 | | payroll deductions are made by an Employer,
teachers | 8 | | desiring service credit therefor shall contribute to the | 9 | | Fund upon
the basis of the actual salary received from such | 10 | | organizations at the
percentage rates in effect during such | 11 | | periods for certified positions with
such Employer. To the | 12 | | extent the actual salary exceeds the regular salary,
which | 13 | | shall be defined as the salary rate, as calculated by the | 14 | | Board, in
effect for the teacher's regular position in | 15 | | teaching service on September 1,
1983 or on the effective | 16 | | date of the leave with the organization, whichever is
| 17 | | later, the organization shall pay to the Fund the | 18 | | employer's normal cost as set
by the Board on the | 19 | | increment. Notwithstanding any other provision of this | 20 | | subdivision (4), teachers are only eligible for credit for | 21 | | service under this subdivision (4) if the special leave of | 22 | | absence begins before the effective date of this amendatory | 23 | | Act of the 97th General Assembly.
| 24 | | (5) For time spent in the military service, teachers | 25 | | entitled to and
desiring credit therefor shall contribute | 26 | | the amount required for each year
of service or fraction |
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| 1 | | thereof at the rates in force (a) at the date of
| 2 | | appointment, or (b) on return to teaching service as a | 3 | | regularly certified
teacher, as the case may be; provided | 4 | | such rates shall not be less than $450
per year of service. | 5 | | These conditions shall apply unless an Employer elects
to | 6 | | and does pay into the Fund the amount which would have been | 7 | | due from such
person had he been employed as a teacher | 8 | | during such time. In the case of
credit for military | 9 | | service not during the pension period, the teacher must
| 10 | | also pay to the Fund an amount determined by the Board to | 11 | | be equal to the
employer's normal cost of the benefits | 12 | | accrued from such service, plus interest
thereon at 5% per | 13 | | year, compounded annually, from the date of appointment to
| 14 | | the date of payment.
| 15 | | The changes to this Section made by Public Act 87-795 | 16 | | shall apply
not only to persons who on or after its | 17 | | effective
date are in service under the Fund, but also to | 18 | | persons whose status as a
teacher terminated prior to that | 19 | | date, whether or not the person is an
annuitant on that | 20 | | date. In the case of an annuitant who applies for credit
| 21 | | allowable under this Section for a period of military | 22 | | service that did not
immediately follow employment, and who | 23 | | has made the required contributions for
such credit, the | 24 | | annuity shall be recalculated to include the additional
| 25 | | service credit, with the increase taking effect on the date | 26 | | the Fund received
written notification of the annuitant's |
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| 1 | | intent to purchase the credit, if
payment of all the | 2 | | required contributions is made within 60 days of such
| 3 | | notice, or else on the first annuity payment date following | 4 | | the date of
payment of the required contributions. In | 5 | | calculating the automatic annual
increase for an annuity | 6 | | that has been recalculated under this Section, the
increase | 7 | | attributable to the additional service allowable under | 8 | | this
amendatory Act of 1991 shall be included in the | 9 | | calculation of automatic
annual increases accruing after | 10 | | the effective date of the recalculation.
| 11 | | The total credit for military service shall not exceed | 12 | | 5 years, except
that any teacher who on July 1, 1963, had | 13 | | validated credit for more than 5
years of military service | 14 | | shall be entitled to the total amount of such credit.
| 15 | | (6) A maximum of 244 unused sick days credited to his | 16 | | account
by an Employer on the date of termination of | 17 | | employment. Members, upon
verification of unused sick | 18 | | days, may add this service time to total creditable
| 19 | | service.
| 20 | | (7) In all cases where time spent on leave is | 21 | | creditable and
no payroll deductions therefor are made by | 22 | | an Employer, persons
desiring service credit shall make the | 23 | | required contributions directly to
the Fund.
| 24 | | (8) For time lost without pay due to layoff and | 25 | | curtailment of
the school term from June 6 through June 21, | 26 | | 1976, as provided in item (e) of
the first paragraph of |
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| 1 | | this Section, persons who were contributors on
the days | 2 | | immediately preceding such layoff shall receive credit | 3 | | upon
paying to the Fund a contribution based on the rates | 4 | | of compensation and
employee contributions in effect at the | 5 | | time of such layoff, together
with an additional amount | 6 | | equal to 12.2% of the compensation computed
for such period | 7 | | of layoff, plus interest on the entire amount at 5% per
| 8 | | annum from January 1, 1978 to the date of payment. If such | 9 | | contribution
is paid, salary for pension purposes for any | 10 | | year in which such a layoff
occurred shall include the | 11 | | compensation recognized for purposes of
computing that | 12 | | contribution.
| 13 | | (9) For time spent after June 30, 1982, as a | 14 | | nonsalaried member
of the Board of Education, if required | 15 | | to resign from an administrative or
teaching position in | 16 | | order to qualify as a member of the Board of
Education, an | 17 | | administrator or teacher desiring credit therefor shall | 18 | | pay
the required contributions at the rates and salaries in | 19 | | effect during such
periods as though the member were in | 20 | | service.
| 21 | | Effective September 1, 1974, the interest charged for | 22 | | validation of
service described in paragraphs (2) through (5) | 23 | | of this Section shall be
compounded annually at a rate of 5% | 24 | | commencing one
year after the termination of the leave or | 25 | | return to service.
| 26 | | (Source: P.A. 92-599, eff. 6-28-02 .)
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| 1 | | Section 97. Retroactive repeal. This amendatory Act of the | 2 | | 97th General Assembly hereby repeals and declares void ab | 3 | | initio the last paragraph of Section 16-106 of the Illinois | 4 | | Pension Code as contained in Public Act 94-1111 as that | 5 | | paragraph furnishes no vested rights because it violates | 6 | | multiple provisions of the 1970 Illinois Constitution, | 7 | | including, but not limited to, Article VIII, Section 1. Upon | 8 | | receipt of an application within 6 months after the effective | 9 | | date of this amendatory Act of the 97th General Assembly, the | 10 | | System shall immediately refund any contributions made by or on | 11 | | behalf of a person to receive service credit pursuant to the | 12 | | text set forth in Public Act 94-1111, as well as any amount | 13 | | determined by the Board to be equal to the investment earned by | 14 | | the System on those contributions since their receipt. | 15 | | Section 98. Severability. The provisions of this Act are | 16 | | severable under Section 1.31 of the Statute on Statutes.
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.
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