Illinois General Assembly - Illinois Compiled Statutes

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40 ILCS 5/8-165

(40 ILCS 5/8-165) (from Ch. 108 1/2, par. 8-165)

Sec. 8-165. Re-entry into service.

(a) Except as provided in subsection (c) or (d), when an employee receiving age and service or prior service
annuity who has withdrawn from service after the effective date
re-enters service before age 65, any annuity previously granted and any
annuity fixed for his wife shall be cancelled. The employee shall be
credited for annuity purposes with sums sufficient to provide annuities
equal to those cancelled, as of their ages on the date of re-entry;
provided, the maximum age of the wife for this purpose shall be as
provided in Section 8-155 of this Article.

The sums so credited shall provide for annuities to be fixed and
granted in the future. Contributions by the employees
and the city for
the purposes of this Article shall be made, and when the proper time
arrives, as provided in this Article, new annuities based upon the total
credit for annuity purposes and the entire term of his service shall be
fixed for the employee and his wife.

If the employee's wife died before he re-entered service, no part of
any credits for widow's or widow's prior service annuity at the time
annuity for his wife was fixed shall be credited upon re-entry into
service, and no such sums shall thereafter be used to provide such
annuity.

(b) Except as provided in subsection (c) or (d), when an employee re-enters service after age 65, payments on
account of any annuity previously granted shall be suspended during the
time thereafter that he is in service, and when he again withdraws,
annuity payments shall be resumed. If the employee dies in service, his
widow shall receive the amount of annuity previously fixed for her.

(c) For school years beginning on or after July 1, 2021, an age and service or prior service
annuity shall not be cancelled in the case of an employee who is re-employed by the Board of Education of the city as a Special Education Classroom Assistant or Classroom Assistant on a temporary and non-annual basis or on an hourly basis so long as the person: (1)  does not work for compensation on more than 120 days in a school year; or     (2)  does not accept gross compensation for the re-employment in a school year in excess of $30,000. These limitations apply only to school years that begin on or after July 1, 2021. Re-employment under this subsection does not require  contributions, result in service credit being earned or granted, or constitute active participation in the Fund.

(d)   For school years beginning on or after July 1, 2023, an age and service or prior service annuity shall not be cancelled in the case of an employee who is re-employed by the Board of Education of the city as a paraprofessional or related service provider on a temporary and non-annual basis or on an hourly basis so long as the person: (1) does not work for compensation on more than 120 days in a school year; or (2) does not accept gross compensation for the re-employment in a school year in excess of $30,000. These limitations apply only to school years that begin on or after July 1, 2023. Re-employment under this subsection does not require contributions, result in service credit being earned or granted, or constitute active participation in the Fund.

(Source: P.A. 102-342, eff. 8-13-21; 103-552, eff. 8-11-23.)