There Is a Newer Version of the Illinois Compiled Statutes
2005 Illinois 40 ILCS 5/ Illinois Pension Code. Article 18 - Judges Retirement System Of Illinois
(40 ILCS 5/18‑101) (from Ch. 108 1/2, par. 18‑101)
Sec. 18‑101.
Creation of fund.
A retirement system is created to be known as the "Judges Retirement
System of Illinois". It shall be a trust separate and distinct from all
other entities, maintained for the purpose of securing the payment of
annuities and benefits as prescribed herein.
(Source: Laws 1963, p. 161.)
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(40 ILCS 5/18‑102) (from Ch. 108 1/2, par. 18‑102)
Sec. 18‑102.
Purpose.
The purpose of the system is to establish an efficient method of
permitting retirement, without hardship or prejudice, of judges who are
aged or otherwise incapacitated, by enabling them to accumulate reserves
for themselves and their dependents for old age, disability, death, and
termination of employment.
(Source: Laws 1963, p. 161.)
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(40 ILCS 5/18‑103) (from Ch. 108 1/2, par. 18‑103)
Sec. 18‑103.
Terms defined.
The terms used in this Article shall have the meanings ascribed to them
in Sections 18‑104 through 18‑118, except when
the context otherwise requires.
(Source: P.A. 83‑1440.)
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(40 ILCS 5/18‑104) (from Ch. 108 1/2, par. 18‑104)
Sec. 18‑104.
Effective date.
"Effective date": July 1, 1941.
(Source: Laws 1963, p. 161.)
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(40 ILCS 5/18‑105) (from Ch. 108 1/2, par. 18‑105)
Sec. 18‑105.
System.
"System": The Judges Retirement System of Illinois.
(Source: Laws 1963, p. 161.)
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(40 ILCS 5/18‑106) (from Ch. 108 1/2, par. 18‑106)
Sec. 18‑106.
Board.
"Board": The Board of Trustees of the Judges Retirement System of
Illinois.
(Source: Laws 1963, p. 161.)
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(40 ILCS 5/18‑107) (from Ch. 108 1/2, par. 18‑107)
Sec. 18‑107.
Employer.
"Employer": The State, and any county as authorized by law, certifying
payments of salary for, or paying salary to, any judge of the Supreme
Court, Appellate Court and Circuit Court.
(Source: P.A. 83‑1440.)
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(40 ILCS 5/18‑108) (from Ch. 108 1/2, par. 18‑108)
Sec. 18‑108.
Judge.
"Judge": Any person who receives payment for personal
services as a judge or
associate judge of a court; and any person, previously a participant,
who receives payment for personal services as the administrative director
appointed by the Supreme
Court.
(Source: P.A. 83‑1440.)
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(40 ILCS 5/18‑109) (from Ch. 108 1/2, par. 18‑109)
Sec. 18‑109.
Eligible judge.
"Eligible judge": Any judge except one who has elected not
to participate in this system.
(Source: P.A. 83‑1440.)
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(40 ILCS 5/18‑110) (from Ch. 108 1/2, par. 18‑110)
Sec. 18‑110.
Participant.
"Participant": Any judge participating in this system as
specified in Sections 18‑120 and 18‑121.
(Source: P.A. 83‑1440.)
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(40 ILCS 5/18‑111) (from Ch. 108 1/2, par. 18‑111)
Sec. 18‑111.
Salary.
"Salary": The total compensation paid for personal
services as a judge, by the State, or by the State and a county as
authorized by law. However, in the event that federal law results in any
judge receiving imputed income based on the value of group term life
insurance provided by the State, such imputed income shall not be included
in salary for the purposes of this Article.
(Source: P.A. 86‑273.)
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(40 ILCS 5/18‑112) (from Ch. 108 1/2, par. 18‑112)
Sec. 18‑112.
Service.
"Service": The period beginning on the day a
person first became a judge, whether prior or subsequent to the effective
date, and ending on the date under consideration, excluding all intervening
periods during which he or she was not a judge following resignation or
expiration of any term of election or appointment.
Service also includes the following: (a) Any period prior to January 1,
1964 during which a judge served as a justice of the peace, police
magistrate or master in chancery, or as a civil referee, commissioner or
trial assistant to the chief judge in the Municipal Court of Chicago, or
performed judicial duties as an assistant to the judge of the Probate Court
of Cook County. A judge shall be entitled to credit for all or as much as
the judge may desire of such service, not exceeding 8 years, upon payment
of the participant's contribution covering such service at the contribution
rates in effect on July 1, 1969, together with interest at 4% per annum
compounded annually, from the dates the service was rendered to the date of
payment, provided credit for such service had not been granted in any
public pension fund or retirement system in the State. The required
contributions shall be based upon the rate of salary in effect for the
judge on the date he or she entered the system or on January 1, 1964,
whichever is later.
(b) Service rendered after January 1, 1964, as a holdover magistrate
or master in chancery of the Circuit Court. A judge shall be entitled to
credit for any period of such service, not exceeding a total of 8 years,
together with the period of service taken into account in paragraph (a).
Service credit under this paragraph is subject to the same contribution
requirements and other limitations that are prescribed for service credit under
paragraph (a).
(c) Any period that a participant served as a member of the General
Assembly, subject to the following conditions:
(1) He or she has been a participant in this system
for at least 4 years and has contributed to the system for
service rendered as a member of the General Assembly subsequent to
November 1, 1941, at the contribution rates in effect for a judge on
the date of becoming a participant, including interest at 3% per annum
compounded annually from the date such service was rendered to the date of
payment, based on the salary in effect during such period of service; and
(2) The participant is not entitled to credit for such service in any
other public retirement system in the State.
(d) Any period a participant served as a judge or commissioner of
the Court of Claims of this State after November 1, 1941, provided he or
she contributes to the system at the contribution rates in effect on the
date of becoming a participant, based on salary received during such
service, including interest at 3% per annum compounded annually from the
date such service was rendered to the date of payment.
(e) Any period that a participant served as State's Attorney or Public
Defender of any county of this State, subject to the following conditions: (1)
such service was not credited under any public pension fund or retirement
system; (2) the maximum service to be credited in this system shall be 8 years;
(3) the participant must have at least 6 years of service as a judge and as a
participant of this system; and (4) the participant has made contributions to
the system for such service at the contribution rates in effect on the date of
becoming a participant in this system based upon the salary of the judge on
such date, including interest at 4% per annum compounded annually from such
date to the date of payment.
A judge who terminated service before January 26, 1988 and whose
retirement annuity began after January 1, 1988 may establish credit for
service as a Public Defender in accordance with the other provisions of
this subsection by making application and paying the required contributions
to the Board not later than 30 days after August 23, 1989. In such
cases, the Board shall recalculate the retirement annuity, effective on the
first day of the next calendar month beginning at least 30 days after the
application is received.
(f) Any period as a participating policeman, employee or teacher under
Article 5, 14 or 16 of this Code, subject to the following conditions: (1) the
credits accrued under Article 5, 14 or 16 have been transferred to this system;
and (2) the participant has contributed to the system an amount equal to (A)
contributions at the rate in effect for participants at the date of membership
in this system based upon the salary of the judge on such date, (B) the
employer's share of the normal cost under this system for each year that credit
is being established, based on the salary in effect at the date of membership
in this system, and (C) interest at 6% per annum, compounded annually, from the
date of membership to the date of payment; less (D) the amount transferred on
behalf of the participant from Article 5, 14 or 16.
(g) Any period that a participant served as the Administrative Director
of the Circuit Court of Cook County, as Executive Director of the Home Rule
Commission, as assistant corporation counsel in the Chicago Law Department, or
as an employee of the Cook County Treasurer, subject to the following
conditions: (1) the maximum amount of such service which may be credited is 10
years; (2) in order to qualify for such credit in this system, a judge must
have at least 6 years of service as a judge and participant of this system; (3)
the last 6 years of service credited in this system shall be as a judge and a
participant in this system; (4) credits accrued to the participant under any
other public pension fund or public retirement system in the State, if any, by
reason of the service to be established under this paragraph (g) has been
transferred to this system; and (5) the participant has contributed to this
system the amount, if any, by which the amount transferred pursuant to
subdivision (4) of this paragraph, if any, is less than the amount which the
participant would have contributed to the system during the period of time
being counted as service under this paragraph had the participant
been a judge participating in this system during that time, based on the
rate of contribution in effect and the salary earned by the participant
on the date he or she became a participant, with interest accruing on
such deficiency at a rate of 5% per annum from the date he or she became a
participant through the date on which such deficiency is paid.
(h) Any period that a participant served as a full‑time attorney
employed by the Chicago Transit Authority created by the Metropolitan
Transit Authority Act, subject to the following conditions: (1) any credit
received for such service in the pension fund established under Section
22‑101 has been terminated; (2) the maximum amount of such service to be
credited in this system shall be 10 years; (3) the participant must have at
least 6 years of service as a judge and as a participant of this system;
and (4) the participant has made contributions to the system for such
service at the contribution rates in effect on the date of becoming a
participant in this system based upon the salary of the judge on such date,
including interest at 5% per annum compounded annually from such date to
the date of payment.
(i) Any period during which a participant received temporary total
disability benefit payments, as provided in Section 18‑126.1.
Service during a fraction of a month shall be considered a month of
service, but no more than one month of service shall be credited for all
service during any calendar month.
(Source: P.A. 86‑272; 86‑273; 86‑1028; 87‑1265.)
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(40 ILCS 5/18‑112.1) (from Ch. 108 1/2, par. 18‑112.1)
Sec. 18‑112.1.
(a) An active member of the General Assembly
Retirement System may apply for transfer of his or her credits and creditable
service under this system to the General Assembly Retirement
System.
Payment by this system to the General
Assembly Retirement System shall be made at the same time as the transfer
of credits and shall consist of:
(1) the amounts credited to the applicant, through employee
contributions, including interest if applicable, on the date of transfer; and
(2) employer contributions equal to the accumulated employee
contributions as determined under clause (1) above.
Participation in this system shall terminate on the date of transfer.
(b) An active member of the General Assembly may reinstate
service credits terminated upon receipt of a refund
by repaying to the system the amount of the refund
together with interest thereon, to the
date of payment.
(Source: P.A. 83‑1440.)
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(40 ILCS 5/18‑112.2) (from Ch. 108 1/2, par. 18‑112.2)
Sec. 18‑112.2.
Transfer of creditable service to Article 8, 9 or 13
Fund.
(a) Any city officer as defined in Section 8‑243.2 of this
Code, any county officer elected by vote of the people
who is a participant in the pension fund established under Article 9
of this
Code, and any elected sanitary district commissioner who is a participant
in a pension fund established under Article 13 of this Code,
may apply for transfer of his or her credits and creditable service
accumulated under this System to such Article 8, 9 or 13 fund. Such creditable
service shall be transferred forthwith. Payment by this System to the
Article 8, 9 or 13 fund shall be made at the same time, and shall consist of:
(1) the amounts credited to the applicant through | ||
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(2) employer contributions equal to the accumulated | ||
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Participation in this System shall terminate on the date of transfer.
(b) Any such elected city officer, county officer or sanitary
district commissioner
may reinstate credits and creditable service
terminated upon receipt of a refund, by repaying to the System the amount of
the refund together with interest thereon to the date of payment.
(Source: P.A. 91‑357, eff. 7‑29‑99.)
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(40 ILCS 5/18‑112.3) (from Ch. 108 1/2, par. 18‑112.3)
Sec. 18‑112.3.
(a) Persons otherwise required or eligible to participate
in this System who elect to continue participation in the General Assembly
System under Section 2‑117.1 may not participate in this System for the
duration of such continued participation under Section 2‑117.1.
(b) Upon terminating such continued participation, a person may transfer
credits and creditable service accumulated under Section 2‑117.1 to this System,
upon payment to this System of the amount by which (1) the employer and
employee contributions that would have been required if he had participated
in this System during the period for which credit under Section 2‑117.1
is being transferred, plus regular interest thereon at the prescribed rate
from the date of such participation to the date of payment, exceeds (2) the
amounts actually
transferred under that Section to this System.
(Source: P.A. 86‑272.)
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(40 ILCS 5/18‑112.4) (from Ch. 108 1/2, par. 18‑112.4)
Sec. 18‑112.4.
Service credit for elected or appointed village
official. An active participant in this System who has at least 6 years of
service as a judge and as a participant of this System on August 23,
1989, and who has no creditable service as a participating employee under
Article 7 of this Code, may establish service credit in this System: (i) for
periods during which the participant held elective office as a member of
the board of trustees of a village, and (ii) for any consecutive period not
exceeding 5 years during which the participant held appointive office as a
member of the zoning board of appeals of the same village in which the
participant later held elective office as village trustee, provided such
period of appointive office terminated within 12 months prior to the date
such period of elective office commenced.
Service credit in this System may be established pursuant to this Section
only if the participant did not contribute to the retirement and benefit fund
established under Article 7 of this Code for the service sought to be
established by the participant in this System, and only if the participant
has no equity or rights in that fund because of such service.
Credit for such service may be established in this System by the
participant paying to this System an amount equal to (1) contributions
at the rate in effect for a judge on the date of becoming a participant in this
System multiplied by the salary of the judge on such date for each year of
service for which credit is being established, plus (2) the employer's
share of the normal cost of benefits under this System, expressed as a
percent of payroll, as determined by the System's actuary as of the date of
the participant's membership in the System, multiplied by the salary of the
judge on such date for each year of service for which credit is being
established, plus (3) interest on (1) and (2) above at 6% per annum
compounded annually from the date of membership to the date of payment by
the participant.
(Source: P.A. 86‑273; 86‑1028.)
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(40 ILCS 5/18‑112.5) (from Ch. 108 1/2, par. 18‑112.5)
Sec. 18‑112.5.
Payments and Rollovers.
(a) The Board may adopt rules
prescribing the manner of repaying refunds and purchasing any optional
credits permitted under this Article. The rules may prescribe the manner
of calculating interest when such payments or repayments are made in
installments.
(b) Rollover contributions from other retirement plans qualified under
the U.S. Internal Revenue Code may be used to purchase any optional credit
or repay any refund permitted under this Article.
(Source: P.A. 86‑1488.)
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(40 ILCS 5/18‑112.6)
Sec. 18‑112.6.
Service credit for member of educational board.
Until July
1, 1998, an active participant in this System who has at least 6 years of
service as a judge may establish up to 2 years of service credit in this System
for a period during which the participant held elective office as a member of a
board of education in this State or a member of the board of trustees of a
community college district in this State, by applying to the Board in
writing and paying to the System an amount equal to (1) employee contributions
based on the rate in effect for a judge on the date of becoming a participant
in this System and the salary received by the judge on that date, plus (2) the
employer's share of the normal cost of the benefits being established, plus (3)
interest thereon at the prescribed rate, compounded annually, from the date
of membership to the date of payment. However, credit may not be established
under this Section for any period for which the judge has received credit under
any other pension fund or retirement system subject to this Code, unless that
credit has been terminated.
(Source: P.A. 90‑448, eff. 8‑16‑97.)
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(40 ILCS 5/18‑113) (from Ch. 108 1/2, par. 18‑113)
Sec. 18‑113.
Annuity.
"Annuity": A series of monthly payments payable at the end of each
calendar month during the life of an annuitant or as otherwise provided
in this Article. The first payment shall be
prorated for any fraction of a month elapsing to the end of the first
month and the last payment shall be made for the whole calendar
month in which death occurs.
(Source: P.A. 83‑1440.)
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(40 ILCS 5/18‑114) (from Ch. 108 1/2, par. 18‑114)
Sec. 18‑114.
Annuitant.
"Annuitant": A person receiving a retirement annuity or survivor's
annuity.
(Source: P.A. 83‑1440.)
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(40 ILCS 5/18‑115) (from Ch. 108 1/2, par. 18‑115)
Sec. 18‑115.
Beneficiary.
"Beneficiary": A surviving spouse or children eligible for
an annuity; or, if no
eligible surviving spouse or children survives, the person
or persons designated by
the participant or annuitant in the last written designation on file with
the Board; or, if no person so designated survives, or if no designation is
on file, the estate of the participant or annuitant.
(Source: P.A. 83‑1440.)
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(40 ILCS 5/18‑116) (from Ch. 108 1/2, par. 18‑116)
Sec. 18‑116.
Actuarial tables.
"Actuarial tables": Such tabular listings of assumed rates of death,
disability, retirement and withdrawal from service and mathematical
functions derived from such rates combined with an assumed rate of
interest, based upon the experience of the system, as adopted by the board
upon recommendation by the actuary.
(Source: Laws 1963, p. 161.)
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(40 ILCS 5/18‑117) (from Ch. 108 1/2, par. 18‑117)
Sec. 18‑117.
Prescribed rate of interest.
"Prescribed rate of interest": 4% per annum compounded annually, or
such other rate prescribed by the board based on expected long term
investment returns and the experience of the system.
(Source: P.A. 83‑1440.)
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(40 ILCS 5/18‑118) (from Ch. 108 1/2, par. 18‑118)
Sec. 18‑118.
Fiscal year.
"Fiscal year": The period beginning on July 1 and ending on June 30 of
the succeeding year.
(Source: Laws 1963, p. 161.)
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(40 ILCS 5/18‑119) (from Ch. 108 1/2, par. 18‑119)
Sec. 18‑119.
Employer participation.
Each employer is subject to the provisions of this system beginning on
the effective date or the date of subsequent qualification as an employer.
(Source: Laws 1963, p. 161.)
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(40 ILCS 5/18‑120) (from Ch. 108 1/2, par. 18‑120)
Sec. 18‑120.
Employee participation.
An eligible judge who is not a participant shall become a participant beginning on
the date he or she becomes an eligible judge, unless the judge files
with the board a written notice of election not to
participate within 30 days of the date of being notified of the option.
A person electing not to participate shall thereafter be ineligible to
become a participant unless the election is revoked as provided in Section
18‑121.
(Source: P.A. 83‑1440.)
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(40 ILCS 5/18‑120.1) (from Ch. 108 1/2, par. 18‑120.1)
Sec. 18‑120.1.
Gender.
The masculine gender whenever used in this Article includes the feminine
gender unless manifestly inconsistent with the
context.
(Source: P.A. 83‑1440.)
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(40 ILCS 5/18‑121) (from Ch. 108 1/2, par. 18‑121)
Sec. 18‑121.
Recision of election not to participate.
A judge who
filed a notice of election not to participate shall become a participant
upon filing with the board before July 1, 1992, a written recision of such
notice. The recision shall state that such person is then a judge, his or
her present age, and previous records of service as a judge. After 3 years
of service as a participant, the judge may obtain credit for all service as
a judge prior to the date of participation by paying into the system the
contributions that he or she would have made as a participant at the rates
in effect during such service, together with interest at the rate of 4% per
annum compounded annually from the date the contributions would have been
due to the date of payment. Upon compliance, he or she shall receive
credit for all service rendered as a judge prior to the date of becoming a
participant. The time and manner of making such additional contributions,
including interest, shall be prescribed by the board.
Except as otherwise provided, a judge becoming a participant
by a recision of an election not to participate, shall be governed by
the provisions of this Article in effect on the date of the recision.
(Source: P.A. 87‑794.)
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(40 ILCS 5/18‑122) (from Ch. 108 1/2, par. 18‑122)
Sec. 18‑122.
Participation; military service.
Participation shall
continue until the date a participant becomes an annuitant, dies, or
accepts a refund.
Participation shall not cease during any period an eligible judge is
serving with the military or naval forces of the United States while the
United States is engaged in any war or for one year after such war, if the
judge makes contributions, together with any interest payments which might
be required, for delayed contribution payments.
A participant may also apply for creditable service for up to 2 years
of military service that need not have followed service as a judge and need
not have been served during wartime. However, for this military service
not immediately following employment as a judge, the applicant must make
contributions to the System (1) at the rates provided in Section 18‑133
based upon the judge's rate of compensation on the last date as a
participating judge prior to such military service, or on the first date as
a participating judge after such military service, whichever is greater,
plus (2) if payment is made on or after May 1, 1993, an amount
determined by the Board to be equal to the employer's normal cost of the
benefits accrued for such military service, plus (3) interest at the effective
rate from the date of first membership in the System to the date of payment.
The amendment to this Section made by this amendatory Act of 1993 shall
apply to persons who are active contributors to the System on or after
November 30, 1992. A person who was an active contributor to the System on
November 30, 1992 but is no longer an active contributor may apply to purchase
military credit not immediately following employment as a judge within 60 days
after the effective date of this amendatory Act of 1993; if the person is an
annuitant, the resulting increase in annuity shall begin to accrue on the first
day of the month following the month in which the required payment is received
by the System. The change in the required contribution for purchased military
credit made by this amendatory Act of 1993 shall not entitle any person to a
refund of contributions already paid.
(Source: P.A. 87‑794; 87‑1265; 88‑45.)
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(40 ILCS 5/18‑123) (from Ch. 108 1/2, par. 18‑123)
Sec. 18‑123.
Participation in survivor's annuity.
A participant in
active service as a judge after July 26, 1949, is eligible to participate
in the survivor's annuity provided under this Article. A married
participant who was in service on July 27, 1949 is subject to the
provisions relating to survivor's annuities unless he or she filed with the
Board written notice not to participate in such annuity within 30 days of
that date.
A married judge who becomes a participant after July 27, 1949, an
unmarried judge who becomes a participant after December 31, 1992,
and a judge who marries after becoming a participant shall be
subject to the provisions relating to survivor's annuities unless he or she
files with the Board written notice of his or her election not to
participate in the survivor's annuity within 30 days of the
date of being notified of the option by the System. Once the
election period has expired, a judge may not withdraw from participation
under this Section except as provided in Section 18‑129.
A person who became a participant before January 1, 1997 and
who is not contributing for survivor's annuity may elect to make contributions
for survivor's annuity by filing written notice of the election with the
Board no later than April 1, 1998. Such an election may not be
rescinded. A person who has so elected shall be entitled only to partial
credit for survivor's annuity under subsection (g) of Section 18‑129 unless all
of the payments required under subsection (f) of that Section have been made.
A married participant who elects not to participate in the survivor's
annuity provisions shall thereafter be ineligible to participate in the
survivor's annuity unless the election is rescinded as provided herein.
A married participant who elected not to participate in the survivor's
annuity provisions and who is still a judge, may elect to participate therein
by filing with the Board before April 1, 1998 a written recision
of the election not to participate. The participant and his or her spouse
shall be entitled to all the rights of the survivor's annuity, except as
limited in Section 18‑129, upon paying the System for the survivor's
annuity 1 1/2% of each payment of salary earned between July 27, 1949 and
July 12, 1953, and 2 1/2% of each payment of salary earned after July 12,
1953, together with interest at 4% per annum, compounded annually from the
date the contributions would have been due to the date of payment. The
time and manner of paying the required contributions and interest shall be
prescribed by the Board.
(Source: P.A. 90‑507, eff. 8‑22‑97.)
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(40 ILCS 5/18‑123.2) (from Ch. 108 1/2, par. 18‑123.2)
Sec. 18‑123.2.
Annuities to survivors of male and female participants.
All provisions of this Article relating to annuities and benefits to a
surviving spouse, minor children or other survivors of participants shall apply
with equal force to male and female participants without any
distinction whatsoever.
(Source: P.A. 83‑1440.)
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(40 ILCS 5/18‑124) (from Ch. 108 1/2, par. 18‑124)
Sec. 18‑124.
Retirement annuities ‑ conditions for eligibility.
A
participant whose employment as a judge is terminated, regardless of age
or cause is entitled to a retirement annuity beginning on
the date specified in a written application subject to the
following:
(1) the date the annuity begins is subsequent
to the date of final
termination of employment, or the date 30 days prior to the receipt of
the application by the board for annuities based on
disability, or one year before the receipt of the application by the
board for annuities based on attained age;
(2) the participant is at least age 55, or has
become permanently disabled and as
a consequence is unable to perform the duties of his or her office;
(3) the participant has at least 10 years of service
credit except that a participant terminating service after June
30 1975, with at least 6 years of service credit, shall be entitled to
a retirement annuity at age 62 or over;
(4) the participant is not receiving or entitled
to receive, at the date of
retirement, any salary from an employer for service currently performed.
(Source: P.A. 83‑1440.)
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(40 ILCS 5/18‑125) (from Ch. 108 1/2, par. 18‑125)
Sec. 18‑125.
Retirement annuity amount.
(a) The annual retirement annuity for a participant who terminated
service as a judge prior to July 1, 1971 shall be based on the law in
effect at the time of termination of service.
(b) Effective July 1, 1971, the retirement annuity for any participant
in service on or after such date shall be 3 1/2% of final average salary,
as defined in this Section, for each of the first 10 years of service, and
5% of such final average salary for each year of service on excess of 10.
For purposes of this Section, final average salary shall be:
(1) the average salary for the last 4 years of | ||
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(2) for a participant who terminates service after | ||
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(3) for any participant who terminates service after | ||
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(4) for a participant who terminates service on or | ||
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(5) for a participant who terminates service on or | ||
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However, in the case of a participant who elects to discontinue contributions
as provided in subdivision (a)(2) of Section 18‑133, the time of such
election shall be considered the last day of employment in the determination
of final average salary under this subsection.
The maximum retirement annuity for any participant shall be 85% of final
average salary.
(c) The retirement annuity for a participant who retires prior to age 60
with less than 28 years of service in the System shall be reduced 1/2 of 1%
for each month that the participant's age is under 60 years at the time the
annuity commences. However, for a participant who retires on or after the
effective date of this amendatory Act of the 91st General Assembly, the
percentage reduction in retirement annuity imposed under this subsection shall
be reduced by 5/12 of 1% for every month of service in this System in excess of
20 years, and therefore a participant with at least 26 years of service in this
System may retire at age 55 without any reduction in annuity.
The reduction in retirement annuity imposed by this subsection shall not
apply in the case of retirement on account of disability.
(Source: P.A. 91‑653, eff. 12‑10‑99.)
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(40 ILCS 5/18‑125.1) (from Ch. 108 1/2, par. 18‑125.1)
Sec. 18‑125.1.
Automatic increase in retirement annuity.
A participant who
retires from service after June 30, 1969, shall, in January of the year next
following the year in which the first anniversary of retirement occurs, and in
January of each year thereafter, have the amount of his or her originally
granted retirement annuity increased as follows: for each year up to and
including 1971, 1 1/2%; for each year from 1972 through 1979 inclusive, 2%; and
for 1980 and each year thereafter, 3%.
This Section is not applicable to a participant who retires before he
or she has made contributions at the rate prescribed in Section 18‑133 for
automatic increases for not less than the equivalent of one full year, unless
such a participant arranges to pay the system the amount required to bring
the total contributions for the automatic increase to the equivalent of
one year's contribution based upon his or her last year's salary.
This Section is applicable to all participants in service after June 30,
1969 unless a participant has elected, prior to September 1,
1969, in a written direction filed with the board not to be subject to
the provisions of this Section. Any participant in service on or after
July 1, 1992 shall have the option of electing prior to April 1, 1993,
in a written direction filed with the board, to be covered by the provisions of
the 1969 amendatory Act. Such participant shall be required to make the
aforesaid additional contributions with compound interest at 4% per annum.
Any participant who has become eligible to receive the maximum rate of
annuity and who resumes service as a judge after receiving a retirement
annuity under this Article shall have the amount of his or her
retirement annuity increased by 3% of the originally granted annuity amount
for each year of such resumed service, beginning in January of the year
next following the date of such resumed service, upon subsequent
termination of such resumed service.
Beginning January 1, 1990, all automatic annual increases payable
under this Section shall be calculated as a percentage of the total annuity
payable at the time of the increase, including previous increases granted
under this Article.
(Source: P.A. 86‑273; 87‑1265.)
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(40 ILCS 5/18‑126) (from Ch. 108 1/2, par. 18‑126)
Sec. 18‑126.
Retirement annuity for permanent disability‑determination of
disability.
A participant shall be considered permanently disabled only if (1)
disability occurs while in employment as a judge and is of such a nature as
to prevent the participant from reasonably performing the duties
of his or her office at the time, and (2) the board
has received a written certificate by at least 2
licensed and practicing physicians appointed by it stating that the participant
is disabled and that the disability is likely to be permanent.
(Source: P.A. 83‑1440.)
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(40 ILCS 5/18‑126.1) (from Ch. 108 1/2, par. 18‑126.1)
Sec. 18‑126.1.
Temporary total disability.
A participant
who has served for at least 2 years as a judge and has at least 2 years
of service credit shall be entitled to a temporary total disability
benefit provided:
(1) While in employment as a judge, the participant is found by
medical examination to be mentally or physically incompetent to perform his
or her duties;
(2) The participant does not receive or have a right to receive
any salary as a judge;
(3) The board has received written
certifications by at least 2 licensed and practicing physicians designated
by it certifying that the participant is totally disabled
and unable to perform the duties of his or her office as a consequence
thereof; and
(4) The participant is not engaged in any form of gainful
occupation during his or her disability.
The benefit shall begin as of the day following
the removal of the judge from the payroll on account of the disability
and be payable during the period of disability but not beyond the term of
office for which the participant was last elected
or appointed.
The benefit shall be 50% of the participant's rate of salary
in effect at the date of removal from the payroll and shall be payable
monthly.
A participant shall receive service credit for retirement and survivor's
annuity purposes for the period that temporary disability benefits are paid.
The board shall prescribe rules and regulations necessary
for the administration of this benefit.
(Source: P.A. 83‑1440.)
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(40 ILCS 5/18‑128) (from Ch. 108 1/2, par. 18‑128)
Sec. 18‑128.
Survivor's annuities; Conditions for payment.
(a) A survivor's annuity shall be payable upon the death of a
participant while in service after June 30, 1967 if the participant had at
least 1 1/2 years of service credit as a judge, or upon death of an
inactive participant who had terminated service as a judge on or after June
30, 1967 with at least 10 years of service credit, or upon the death of an
annuitant whose retirement becomes effective after June 30, 1967.
(b) The surviving spouse of a deceased participant or annuitant is
entitled to a survivor's annuity beginning at the date of death if the
surviving spouse (1) has been married to the participant or annuitant for a
continuous period of at least one year immediately preceding the date of
death, and (2) has attained age 50, or, regardless of age, has in his or
her care an eligible child or children of the decedent as provided under
subsections (c) and (d) of this Section. If the surviving spouse has no
such child in his or her care and has not attained age 50, the survivor's
annuity shall begin upon attainment of age 50. When all such children of
the deceased who are in the care of the surviving spouse no longer qualify
for benefits and the surviving spouse is under 50 years of age, the
surviving spouse's annuity shall be suspended until he or she attains age 50.
(c) A child's annuity is payable for an unmarried child of an
annuitant or participant so long as the child is (i) under age 18,
(ii) under age 22 and a full time student, or (iii) age 18 or over
if dependent by reason of physical or mental disability. Disability means
inability to engage in any substantial gainful activity by reason of any
medically determinable physical or mental impairment which can expected to
result in death or which has lasted or can be expected to last for a
continuous period of not less than 12 months.
(d) Adopted children shall have the same status as natural children, but
only if the proceedings for adoption were commenced at least 6 months prior
to the death of the annuitant or participant.
(e) Remarriage prior to attainment of age 50 that occurs before the
effective date of this amendatory Act of the 91st General Assembly shall
disqualify a surviving spouse for the receipt of a survivor's annuity.
The change made to this subsection by this amendatory Act of the 91st
General Assembly applies without regard to whether the deceased judge was
in service on or after the effective date of this amendatory Act of the 91st
General Assembly.
(f) The changes made in survivor's annuity provisions by Public Act
82‑306 shall apply to the survivors of a deceased participant or annuitant
whose death occurs on or after August 21, 1981 and whose service as a judge
terminates on or after July 1, 1967.
The provision of child's annuities for dependent students under age 22
by this amendatory Act of 1991 shall apply to all eligible students
beginning January 1, 1992, without regard to whether the deceased judge was
in service on or after the effective date of this amendatory Act.
(Source: P.A. 91‑887, eff. 7‑6‑00.)
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(40 ILCS 5/18‑128.01) (from Ch. 108 1/2, par. 18‑128.01)
Sec. 18‑128.01.
Amount of survivor's annuity.
(a) Upon the death of
an annuitant, his or her surviving spouse shall be entitled to a survivor's
annuity of 66 2/3% of the annuity the annuitant was receiving immediately
prior to his or her death, inclusive of annual increases in the retirement
annuity to the date of death.
(b) Upon the death of an active participant, his or her surviving spouse
shall receive a survivor's annuity of 66 2/3% of the annuity earned by the
participant as of the date of his or her death, determined without regard
to whether the participant had attained age 60 as of that time, or 7 1/2%
of the last salary of the decedent, whichever is greater.
(c) Upon the death of a participant who had terminated service with at
least 10 years of service, his or her surviving spouse shall be entitled
to a survivor's annuity of 66 2/3% of the annuity earned by the deceased
participant at the date of death.
(d) Upon the death of an annuitant, active participant, or participant
who had terminated service with at least 10 years of service, each surviving
child under the age of 18 or disabled as defined in Section 18‑128 shall
be entitled to a child's annuity in an amount equal to 5% of the decedent's
final salary, not to exceed in total for all such children the greater of
20% of the decedent's last salary or 66 2/3% of the annuity received or
earned by the decedent as provided under subsections (a) and (b) of this
Section. This child's annuity shall be paid whether or not a survivor's
annuity was elected under Section 18‑123.
(e) The changes made in the survivor's annuity provisions by Public Act
82‑306 shall apply to the survivors of a deceased participant or annuitant
whose death occurs on or after August 21, 1981.
(f) Beginning January 1, 1990, every survivor's annuity shall be
increased
(1) on each January 1 occurring on or after the commencement of the annuity if
the deceased member died while receiving a retirement annuity, or (2) in other cases,
on each January 1 occurring on or after the first anniversary of
the commencement of the annuity, by an amount equal to 3% of the current
amount of the annuity, including any previous increases under this Article.
Such increases shall apply without regard to whether the deceased member
was in service on or after the effective date of this amendatory Act of
1991, but shall not accrue for any period prior to January 1, 1990.
(Source: P.A. 86‑273; 86‑1488.)
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(40 ILCS 5/18‑128.1) (from Ch. 108 1/2, par. 18‑128.1)
Sec. 18‑128.1.
Limitations.
Payment of a widow's or survivor's annuity shall begin to accrue from the date on
which salary or annuity payments to or on account of a deceased judge
are terminated.
Annuity payments to a spouse shall in no event be made for any period of
time for which supplementary salary is granted or paid to the spouse
following the death of the judge.
(Source: P.A. 83‑427.)
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(40 ILCS 5/18‑128.2) (from Ch. 108 1/2, par. 18‑128.2)
Sec. 18‑128.2.
Reduction of disability and survivor's benefits for
corresponding
benefits payable under Workers' Compensation and Workers' Occupational Diseases
Acts. Whenever a person is entitled to a disability or survivor's benefit
under this Article and to benefits under the Workers' Compensation Act
or the Workers' Occupational Diseases Act for the same injury or disease,
the benefits payable under this Article shall be reduced by the amount of
benefits payable under either of those Acts. There shall be no reduction,
however, for payments for medical, surgical and hospital services, non‑medical
remedial care and treatment rendered in accordance with a religious method
of healing recognized by the laws of this State and for artificial appliances,
and fixed statutory payments for the loss of or the permanent and complete
loss of the use of any bodily member. If the benefits deductible under this
Section are stated in a weekly amount, the monthly amount for the purposes
of this Section shall be 4 1/3 times the weekly amount.
(Source: P.A. 83‑1440.)
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(40 ILCS 5/18‑128.3) (from Ch. 108 1/2, par. 18‑128.3)
Sec. 18‑128.3.
Required distributions.
(a) A person who would be
eligible to receive a survivor's annuity under this Article but for the
fact that the person has not yet attained age 50, shall be eligible for a
monthly distribution under this subsection (a), provided that the payment
of such distribution is required by federal law.
The distribution shall become payable on (i) July 1, 1987, (ii) December
1 of the calendar year immediately following the calendar year in which the
deceased spouse died, or (iii) December 1 of the calendar year in which the
deceased spouse would have attained age 70 1/2, whichever occurs last, and
shall remain payable until the first of the following to occur: (1) the
person becomes eligible to receive a survivor's annuity under this Article;
(2) the end of the month in which the person ceases to be eligible to
receive a survivor's annuity upon attainment of age 50, due to remarriage
or death; or (3) the end of the month in which such distribution ceases to
be required by federal law.
The amount of the distribution shall be fixed at the time the
distribution first becomes payable, and shall be calculated in the same
manner as a survivor's annuity under Sections 18‑128 through 18‑128.2,
but excluding: (A) any requirement for
an application for the distribution; (B) any automatic annual increases,
supplemental increases, or one‑time increases that may be provided by law
for survivor's annuities; and (C) any lump‑sum or death benefit.
(b) For the purpose of this Section, a distribution shall be deemed to be
required by federal law if: (1) directly mandated by federal statute, rule,
or administrative or court decision; or (2) indirectly mandated through
imposition of substantial tax or other penalties for noncompliance.
(c) Notwithstanding Section 1‑103.1 of this Code, a member need not be
in service on or after the effective date of this amendatory Act of 1989
for the member's surviving spouse to be eligible for a
distribution under this Section.
(Source: P.A. 86‑273.)
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(40 ILCS 5/18‑129) (from Ch. 108 1/2, par. 18‑129)
Sec. 18‑129.
Refund of contributions; repayment.
(a) A participant who ceases to be a judge may, upon application to the
Board, receive a refund of his or her total contributions to the System
including the contributions made towards the automatic increase in
retirement annuity and contributions for the survivor's annuity,
without interest, provided he or she is not then immediately eligible to
receive a retirement annuity.
Upon receipt of a refund, the applicant shall cease to be a participant
and shall thereupon relinquish all rights in the System. However, upon
again becoming a participant, the judge shall receive credit for all
previous judicial service upon payment to the System of the amount refunded
together with interest at 4% per annum from the time of the refund to the
date of repayment.
(b) Upon death of a participant who did not become an annuitant, where
no spouse or other beneficiaries eligible for an annuity survive,
the participant's designated beneficiary or estate shall be
entitled to a refund of his or her total contributions to the System,
including contributions made towards the automatic increase in retirement
annuity and contributions for the survivor's annuity, without interest.
(c) Upon death of an annuitant, where no spouse or other beneficiaries
eligible for an annuity survive, the designated beneficiary or estate
shall receive a refund of the contributions made for the survivor's annuity,
without interest. If the annuitant received annuity
payments in the aggregate less than his or her contributions
for retirement annuity and the contributions towards the
automatic increase in the retirement annuity, the designated beneficiary
or estate shall also be refunded the difference between the total of such
contributions, excluding interest, and the sum of annuity payments made.
(d) A participant or annuitant whose marriage is terminated by death or
dissolution, an unmarried participant, and an annuitant who was not married
while he or she was a judge shall, upon application to the Board, receive
a refund of his or her contributions for the survivor's annuity, without
interest. Upon the issuance of a refund under this subsection, the recipient's
credit for survivor's annuity purposes shall terminate and the recipient shall
not thereafter make contributions for survivor's annuity, except in accordance
with subsection (f) or (g). Upon the death of a participant or annuitant who
received such a refund, any eligible children shall nevertheless be entitled to
the child's annuities provided in Section 18‑128.01.
(e) Upon the death of a surviving spouse who, together with the
deceased judge, did not receive annuity payments in the aggregate equal to
the judge's total contributions to the System, the estate of the surviving
spouse shall be refunded the difference between the total payments and
total contributions, excluding interest.
(f) Upon marriage or remarriage, a participant or annuitant shall
receive full credit for survivor's annuity purposes upon:
(1) in the case of a participant, making the | ||
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(2) repaying in full any survivor's annuity | ||
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(3) making survivor's annuity contributions for the | ||
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The time and manner of making such repayments shall be prescribed by
the Board.
(g) Upon marriage or remarriage, a participant who does not make the
payments required for full survivor's annuity credit under subsection (f)
may receive partial credit for survivor's annuity by making survivor's
annuity contributions under Section 18‑123 beginning on the date of the
marriage or remarriage.
Notwithstanding any other provision of this Article, the survivor's
annuity (but not any child's annuity) payable under this Article on behalf
of a deceased person with only partial credit for survivor's annuity shall
be reduced by multiplying the amount of the survivor's annuity that would
have been payable if the person had full credit by a fraction, the
numerator of which is the number of months of service for which survivor's
annuity contributions have been credited in this System, and the
denominator of which is the total number of months of service in this System.
(Source: P.A. 90‑766, eff. 8‑14‑98.)
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(40 ILCS 5/18‑132) (from Ch. 108 1/2, par. 18‑132)
Sec. 18‑132.
Obligations of State.
The payment of (1) the required State contributions, (2) all benefits
granted under this system and (3) all expenses in connection with the
administration and operation thereof are the obligations of the State to
the extent specified in this Article.
(Source: P.A. 83‑1440.)
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(40 ILCS 5/18‑133) (from Ch. 108 1/2, par. 18‑133)
Sec. 18‑133.
Financing; employee contributions.
(a) Effective July 1, 1967, each participant is required to contribute
7 1/2% of each payment of salary toward the retirement annuity. Such
contributions shall continue during the entire time the participant is in
service, with the following exceptions:
(1) Contributions for the retirement annuity are not | ||
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(2) A participant who continues to serve as a judge | ||
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(3) A participant who (i) has attained age 60, (ii) | ||
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(b) Beginning July 1, 1969, each participant is required to contribute
1% of each payment of salary towards the automatic increase in annuity
provided in Section 18‑125.1. However, such contributions need not be made
by any participant who has elected prior to September 15, 1969, not to be
subject to the automatic increase in annuity provisions.
(c) Effective July 13, 1953, each married participant subject to the
survivor's annuity provisions is required to contribute 2 1/2% of each
payment of salary, whether or not he or she is required to make any other
contributions under this Section. Such contributions shall be made
concurrently with the contributions made for annuity purposes.
(Source: P.A. 91‑653, eff. 12‑10‑99.)
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(40 ILCS 5/18‑133.1) (from Ch. 108 1/2, par. 18‑133.1)
Sec. 18‑133.1.
Pickup of contributions.
(a) Each employer may pick up the participant contributions required
under Section 18‑133 for all salary earned after December 31, 1981. If an
employer decides not to pick up the contributions, the employee contributions
shall continue to be deducted from salary. If contributions are picked up they
shall be treated as employer contributions in determining tax treatment under
the United States Internal Revenue Code. However, the employer shall continue
to withhold Federal and State income taxes based upon these contributions until
the Internal Revenue Service or the Federal courts rule that pursuant to
Section 414(h) of the United States Internal Revenue Code, these contributions
shall not be included as gross income of the participant until such time as
they are distributed or made available. The employer shall pay these
participant contributions from the same source of funds which is used in paying
earnings to the participant. The employer may pick up these contributions by a
reduction in the cash salary of the participant or by an offset against a
future salary increase or by a combination of a reduction in salary and offset
against a future salary increase. If participant contributions are picked up
they shall be treated for all purposes of this Article as participant
contributions were considered prior to the time they were picked up.
(b) Subject to the requirements of federal law, a participant may elect to
have the employer pick up optional contributions that the participant has
elected to pay to the System, and the contributions so picked up shall be
treated as employer contributions for the purposes of determining federal tax
treatment. The employer shall pick up the contributions by a reduction in the
cash salary of the participant and shall pay the contributions from the same
fund that is used to pay earnings to the participant. The election to have
optional contributions picked up is irrevocable and the
optional contributions may not thereafter be prepaid, by direct payment or
otherwise. If the provision authorizing the optional contribution requires
payment by a stated date (rather than the date of withdrawal or retirement),
that requirement shall be deemed to have been satisfied if (i) on or before the
stated date the participant executes a valid irrevocable election to have the
contributions picked up under this subsection, and (ii) the picked‑up
contributions are in fact paid to the System as provided in the election.
(Source: P.A. 90‑448, eff. 8‑16‑97; 90‑766, eff. 8‑14‑98.)
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(40 ILCS 5/18‑135) (from Ch. 108 1/2, par. 18‑135)
Sec. 18‑135.
Board created.
This system shall be administered by a Board of Trustees, of
5 members as follows: the State Treasurer, the Chief Justice
of the Supreme
Court, and 3 participating judges. The State Treasurer and the Chief
Justice shall be ex‑officio members and shall serve as trustees during
their respective terms of office. Each participating judge
trustee shall serve for a term of 3 years. Their successors shall
be appointed by the Supreme Court not more than 3 months nor
less than one month prior to the expiration of their respective terms of office.
Each trustee shall take an oath of office. The filing of a certified
copy of the oath with
the secretary of the board shall qualify the person as a trustee. The
oath shall state that the person will diligently and
honestly administer the affairs of the retirement system, and will not
knowingly violate or wilfully permit any of the provisions
of this Article to be violated.
A participant trustee shall be disqualified as a trustee immediately
upon termination
of employment as a judge. The vacancy so created shall be filled
for the unexpired term
by the Supreme Court.
Each trustee shall have one vote on all actions of the board and at
least 3 concurring votes shall be necessary for any action by the board at
any meeting. No decision or action shall become effective unless presented
and so approved by the board.
(Source: P.A. 83‑1440.)
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(40 ILCS 5/18‑136) (from Ch. 108 1/2, par. 18‑136)
Sec. 18‑136.
Powers and duties of board.
The board has the powers and duties
stated in Sections 18‑137 through 18‑150, in addition to the other powers and
duties granted it in this Article.
(Source: P.A. 83‑1440.)
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(40 ILCS 5/18‑137) (from Ch. 108 1/2, par. 18‑137)
Sec. 18‑137.
To hold meetings.
To hold regular meetings at least quarterly in each year and special
meetings at such times as it deems necessary. At least 10 days' notice of
each meeting shall be given to each trustee. All meetings shall be open to
the public and shall be held in the office of the board.
(Source: Laws 1963, p. 161.)
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(40 ILCS 5/18‑138) (from Ch. 108 1/2, par. 18‑138)
Sec. 18‑138.
To consider applications.
To consider and pass on all applications for annuities and refunds,
authorize the granting thereof and suspend any payment or payments, all in
accordance with this Article.
(Source: Laws 1963, p. 161.)
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(40 ILCS 5/18‑139) (from Ch. 108 1/2, par. 18‑139)
Sec. 18‑139.
To certify interest rate and adopt actuarial tables.
To certify the prescribed interest rate, and adopt the necessary
actuarial tables in accordance with certifications of the actuary.
(Source: Laws 1963, p. 161.)
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(40 ILCS 5/18‑142) (from Ch. 108 1/2, par. 18‑142)
Sec. 18‑142.
To request information.
To request such information from any participating judge or from any
officer, department head or other persons in authority, of any employer as
is necessary for the proper operation of the system.
(Source: Laws 1963, p. 161.)
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(40 ILCS 5/18‑143) (from Ch. 108 1/2, par. 18‑143)
Sec. 18‑143.
To provide examinations.
To provide for the examination of persons receiving disability annuities
prior to age 60, by one or more licensed and practicing physicians
designated by the board at least once each year during the continuance of
disability.
(Source: Laws 1963, p. 161.)
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(40 ILCS 5/18‑144) (from Ch. 108 1/2, par. 18‑144)
Sec. 18‑144.
To establish office.
To establish an office or offices with suitable space for the board
meetings and for the necessary administrative personnel. All books and
records shall be kept in such offices.
(Source: Laws 1963, p. 161.)
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(40 ILCS 5/18‑145) (from Ch. 108 1/2, par. 18‑145)
Sec. 18‑145.
To employ staff.
To appoint a secretary and employ such actuarial, medical, legal,
clerical or other help as is required for the efficient administration of
the system, and determine their rates of pay.
(Source: P.A. 83‑1440.)
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(40 ILCS 5/18‑146) (from Ch. 108 1/2, par. 18‑146)
Sec. 18‑146.
To keep records.
To keep a permanent record of all proceedings of the board, a separate
account for each individual judge and such additional data as is specified
by the actuary as necessary for required calculations and valuations.
(Source: Laws 1963, p. 161.)
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(40 ILCS 5/18‑147) (from Ch. 108 1/2, par. 18‑147)
Sec. 18‑147.
To have accounts audited and to submit statements.
To have the accounts of the system audited at least biennially by a
certified public accountant designated by the Auditor General, and to
submit an annual statement to the Governor as soon as possible after the
end of each fiscal year.
(Source: Laws 1963, p. 161.)
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(40 ILCS 5/18‑148) (from Ch. 108 1/2, par. 18‑148)
Sec. 18‑148.
To accept gifts.
To accept any gift, grant or bequest of any money or securities for the
purpose designated by the grantor, if such purpose is specified as
providing cash benefits for some or all of the participants or annuitants
of the system, or if no such purpose is designated, for the purpose of
reducing the costs of the State for providing benefits.
(Source: Laws 1963, p. 161.)
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(40 ILCS 5/18‑149) (from Ch. 108 1/2, par. 18‑149)
Sec. 18‑149.
To submit individual statements.
To submit an individual statement to a participating judge upon his or
her request, showing the accumulations to his or her credit as of the latest
practicable date.
(Source: P.A. 83‑1440.)
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(40 ILCS 5/18‑150) (from Ch. 108 1/2, par. 18‑150)
Sec. 18‑150.
To make rules.
To establish rules and regulations consistent
with this Article and deemed necessary for the
administration of the system, and to generally carry on any other reasonable
activities to accomplish the intent
of this Article.
(Source: P.A. 83‑1440.)
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(40 ILCS 5/18‑151) (from Ch. 108 1/2, par. 18‑151)
Sec. 18‑151.
Duties of secretary.
The secretary shall be in charge of the administration of the
detailed affairs of the system and, in addition to such other powers and
duties delegated by the board, shall:
(1) collect and record the receipt of all payments to the system,
including participants' contributions, State contributions, interest and
principal collections on investments as the same become due and payable,
and other income accruing to the system, and immediately deposit them
with the State Treasurer for its account;
(2) sign vouchers requesting the State Comptroller to draw warrants
upon the State Treasurer in accordance with resolutions of the Board
authorizing payments of benefits, refunds and expenses from the funds of
the system.
(3) certify to each employer the names of the persons from
whose salary deductions
are to be made and the amounts or rates of such deductions.
(Source: P.A. 83‑1440.)
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(40 ILCS 5/18‑152) (from Ch. 108 1/2, par. 18‑152)
Sec. 18‑152.
Duties of actuary.
The actuary shall be the technical advisor of the Board and, in addition
to supplying general information on technical matters, shall:
(1) make a general investigation at least once every 5 years of the
mortality, retirement, disability, separation, interest and employee
earnings rates and recommend, as a result thereof, the tables to be adopted
for all required actuarial calculations; and
(2) make an annual valuation of the liabilities and reserves of the
system, an annual determination of the amount of the required State
contributions and certify the results thereof to the board.
(Source: P.A. 86‑273.)
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(40 ILCS 5/18‑153) (from Ch. 108 1/2, par. 18‑153)
Sec. 18‑153.
Duties of Treasurer.
The Treasurer of the State of Illinois shall be ex‑officio the
Treasurer of the System and shall:
(1) act as official custodian of the cash and securities of the
system, provide adequate safe deposit facilities for the preservation of
such securities, and hold such cash and securities subject to the order
of the board;
(2) receive from the secretary all items of cash belonging to the
system, as the same are transmitted by the secretary, including participants'
contributions, State contributions, interest and principal
on investments and other income accruing to the system, deposit all such
amounts in a special trust fund for the account of this system, and
notify the board of all such transactions at least once each month;
(3) make payments for purposes specified in this Article upon
warrants or direct deposit transmittals of the State Comptroller issued
in accordance with vouchers signed by the secretary pursuant to resolutions of the board;
(4) furnish a corporate surety bond acceptable to the board of such
amount as the board designates. The bond shall indemnify the board
against any loss which may result from any action or failure to act on
the part of the Treasurer or any of his or her agents. All reasonable charges
incidental to the procuring of the bond shall be paid by the board.
Any cash accruing to the special trust fund representing the system not
required for current expenditures shall be transferred to the
Illinois State Board of Investment for purposes of investment.
Until such transfer is made, those funds shall be invested temporarily by
the Treasurer on behalf of the system and interest earned thereon shall be
credited to the trust fund of the system.
(Source: P.A. 86‑273.)
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(40 ILCS 5/18‑154) (from Ch. 108 1/2, par. 18‑154)
Sec. 18‑154.
Duties of State Comptroller.
The State Comptroller in drawing warrants for salary on payroll
vouchers certified by an employer shall draw such warrants for the salary
specified, less the employee contribution
to be deducted therefrom as certified in the payroll vouchers, and shall
draw a warrant to this system for the total of the
employee contributions so withheld. The warrant drawn to the system, together
with the additional copy of the payroll supplied by the employer, shall
be transmitted immediately to the secretary of the board.
The Comptroller shall draw warrants or prepare direct deposit transmittals
upon the State Treasurer payable
from the funds of this system for purposes provided in this Article
upon the presentation of vouchers approved by the secretary in
accordance with the resolutions of the board, and
in the exercise of the investment authority, upon presentation of
vouchers approved by the director of the Illinois State Board of
Investment in accordance with the order and direction of said board.
(Source: P.A. 83‑1440.)
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(40 ILCS 5/18‑155) (from Ch. 108 1/2, par. 18‑155)
Sec. 18‑155.
Duties of employers.
Each employer, in preparing payroll vouchers shall indicate, in addition
to other things: (1) the amount of contributions specified to be deducted
from the salary or wages of each participant included in the
voucher; (2) the net amount payable to each participant after
the deduction of such contribution; and (3) the total of all
participant contributions so deducted. An additional certified
copy of each payroll
voucher certified by the State shall be prepared and forwarded together
with the original payroll voucher to the State Comptroller for
transmittal to the board.
Each employer other than the State, in drawing warrants for items of
salary payable to participants, shall draw such warrants for the
salary specified less the participant contribution to be
deducted therefrom as
certified in the payroll vouchers and shall draw a warrant to this
system for the total of the participant contributions so
withheld. The warrant drawn to the system, together with the
additional copy of the payroll supplied by the employer, shall be
transmitted immediately to the secretary of the board.
(Source: P.A. 83‑1440.)
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(40 ILCS 5/18‑156) (from Ch. 108 1/2, par. 18‑156)
Sec. 18‑156.
Effect of participation.
Each participating judge, by virtue
of the payment of the employee contributions required to be paid to this
system, has a vested interest in the refunds provided
under this Article and, in consideration of that interest, authorizes
the deductions from salary
of all contributions payable to this system under this Article.
Payment of salary as prescribed by law or as contracted by an
employer, less the amounts of contributions provided in this Article,
shall, together with such special vested rights in the refunds, be a
full and complete discharge of all claims of
payments for service rendered by a judge during the period covered by any such payment.
(Source: P.A. 83‑1440.)
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(40 ILCS 5/18‑157) (from Ch. 108 1/2, par. 18‑157)
Sec. 18‑157.
Retirement Systems Reciprocal Act.
The "Retirement Systems Reciprocal Act", being Article 20 of this Code,
is adopted and made a part of
this Article; provided that Section 20‑131 shall not apply to this system.
(Source: P.A. 83‑1440.)
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(40 ILCS 5/18‑158) (from Ch. 108 1/2, par. 18‑158)
Sec. 18‑158.
No compensation.
Trustees shall serve without compensation, but shall be reimbursed for
any reasonable traveling expenses incurred in attending meetings of the
board.
(Source: Laws 1963, p. 161.)
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(40 ILCS 5/18‑159) (from Ch. 108 1/2, par. 18‑159)
Sec. 18‑159.
No gain or profit on investments.
No trustee or employee of the board shall have any direct interest in
the income, gains or profits of any investments made in behalf of the
system nor receive any pay or emolument
for services in connection with any
investment. No such trustee or employee shall become an endorser or surety,
or in any manner an obligor for money loaned or borrowed from the system.
Whoever violates any of the provisions of this Section is guilty of a petty
offense.
(Source: P.A. 83‑1440.)
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(40 ILCS 5/18‑160) (from Ch. 108 1/2, par. 18‑160)
Sec. 18‑160.
Undivided interests.
The assets of the system shall be invested as one fund, and no person,
group of persons, or entity shall have any right in any specific security
or property, or in any item of cash, other than an undivided interest in
the whole.
(Source: Laws 1963, p. 161.)
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(40 ILCS 5/18‑161) (from Ch. 108 1/2, par. 18‑161)
Sec. 18‑161.
Annuities, etc.
‑ exempt.
Except as provided in this Article, all moneys in the fund created by
this Article, and all securities and other property of the System, and
all annuities and other benefits payable under this Article, and all
accumulated contributions and other credits of participants in this
System, and the right of any person to receive an annuity or other benefit
under this Article, or a refund or return of contributions, shall not be
subject to judgment, execution, garnishment, attachment, or other seizure
by process, in bankruptcy or otherwise, nor to sale, pledge, mortgage or
other alienation, and shall not be assignable. A person receiving an
annuity or benefit, or refund or return of contributions, may authorize
withholding from such annuity, benefit, refund or return of contributions
in accordance with the provisions of the "State Salary and Annuity
Withholding Act", approved August 21, 1961, as now or hereafter amended.
The General Assembly finds and declares that the amendment to this
Section made by this amendatory Act of 1989 is a clarification of existing
law, and an indication of its previous intent in enacting and amending this
Section. Notwithstanding Section 1‑103.1, application of this amendment
shall not be limited to persons in service on or after the effective date
of this amendatory Act of 1989.
(Source: P.A. 86‑273.)
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(40 ILCS 5/18‑162) (from Ch. 108 1/2, par. 18‑162)
Sec. 18‑162.
Fraud.
Any person who knowingly makes any false statement, or falsifies or
permits to be falsified any record of this system, in any attempt to
defraud the system, is guilty of a Class A misdemeanor.
(Source: P. A. 77‑2830.)
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(40 ILCS 5/18‑163) (from Ch. 108 1/2, par. 18‑163)
Sec. 18‑163.
Felony conviction.
None of the benefits herein provided shall be paid to any person who is
convicted of any felony relating to or arising out of or in connection with
his or her service as a judge.
This Section shall not operate to impair any contract or vested right acquired
before July 9, 1955 under any law or laws continued
in this Article, nor to
preclude the right to a refund.
All participants entering service subsequent to
July 9, 1955 are deemed to have consented to the provisions
of this Section as a condition
of participation.
(Source: P.A. 83‑1440.)
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(40 ILCS 5/18‑164) (from Ch. 108 1/2, par. 18‑164)
Sec. 18‑164.
Administrative review.
The provisions of the Administrative
Review Law, and all amendments and modifications thereof, and the rules adopted
pursuant thereto, shall apply to and govern all proceedings for the
judicial review of final administrative decisions of the board provided for
under this Article. The term "administrative decision" is defined as in
Section 3‑101 of the Code of Civil Procedure.
(Source: P.A. 82‑783.)
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(40 ILCS 5/18‑165) (from Ch. 108 1/2, par. 18‑165)
Sec. 18‑165.
General provisions and savings clause.
The provisions of Article 1 and Article 23 of this Code apply to this
Article as though such provisions were fully set forth in this Article as a
part thereof.
(Source: Laws 1963, p. 161.)
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(40 ILCS 5/18‑168) (from Ch. 108 1/2, par. 18‑168)
Sec. 18‑168.
Savings clause.
The repeal or amendment of any Section
or provision of this Article by Public Act 83‑1440 shall not affect or impair
any pensions, benefits, rights or credits accrued or in effect prior thereto.
(Source: P.A. 87‑1265.)
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