There Is a Newer Version of the Illinois Compiled Statutes
2005 Illinois 40 ILCS 5/ Illinois Pension Code. Article 7 - Illinois Municipal Retirement Fund
(40 ILCS 5/7‑101) (from Ch. 108 1/2, par. 7‑101)
Sec. 7‑101.
Creation of fund.
A retirement and benefit fund to be known as the "Illinois Municipal
Retirement Fund" is hereby created.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑102) (from Ch. 108 1/2, par. 7‑102)
Sec. 7‑102.
Purpose.
The purpose of this fund is to provide a sound and
efficient system for
the payment of annuities and other benefits, in addition to the annuities
and benefits available, as herein provided, under the Federal Social
Security Act, to certain officers and employees, and to their
beneficiaries, of municipalities, as herein defined.
It is the mission of this Fund to efficiently and impartially develop,
implement and administer programs that provide income protection to members
and their beneficiaries on behalf of participating employers in a prudent
manner.
(Source: P.A. 87‑740.)
|
(40 ILCS 5/7‑103) (from Ch. 108 1/2, par. 7‑103)
Sec. 7‑103.
Terms defined.
The terms used in this Article have the meanings ascribed to them in
Sections 7‑‑104 to 7‑‑131, inclusive, except when the context otherwise
requires.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑104) (from Ch. 108 1/2, par. 7‑104)
Sec. 7‑104.
Fund.
"Fund": The Illinois Municipal Retirement Fund.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑105) (from Ch. 108 1/2, par. 7‑105)
Sec. 7‑105.
"Municipality":
A city, village, incorporated town, county,
township; and any school, park, sanitary, road forest preserve, water, fire
protection, public health, river conservancy, mosquito abatement,
tuberculosis sanitarium, public community college district, or other local
district with general continuous power to levy taxes on the property within
such district; now existing or hereafter created within the State; and, for
the purposes of providing annuities and benefits to its employees, the fund
itself.
(Source: P.A. 84‑1308.)
|
(40 ILCS 5/7‑106) (from Ch. 108 1/2, par. 7‑106)
Sec. 7‑106.
Participating municipality.
"Participating municipality": Any municipality included within this fund
in accordance with Section 7‑‑132.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑107) (from Ch. 108 1/2, par. 7‑107)
Sec. 7‑107.
Instrumentality.
"Instrumentality": Any body, corporate or politic, or any legal entity,
other than a municipality, having power to appropriate for, or to authorize
expenditures for, payment of earnings to employees from any fund or funds
derived in whole or in part from taxes, assessments, fees or other revenues
of a municipality; and, in counties, the several county fee offices.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑108) (from Ch. 108 1/2, par. 7‑108)
Sec. 7‑108.
"Participating Instrumentality":
(a) A political entity created
under the laws of the State of Illinois, without general continuous power
to levy taxes, and which is legally separate and distinct from the State of
Illinois and any municipality and whose employees by reason of their
relation to such political entity are not employees of the State of
Illinois or a municipality.
(b) A not‑for‑profit organization, which is incorporated under the laws
of the State of Illinois, or an association, membership in which is limited
to municipalities or limited to townships and authorized by statute.
(Source: P. A. 77‑1615.)
|
(40 ILCS 5/7‑109) (from Ch. 108 1/2, par. 7‑109)
Sec. 7‑109.
Employee.
(1) "Employee" means any person who:
(a) 1. Receives earnings as payment for the | ||
|
||
2. Under the usual common law rules applicable | ||
|
||
(b) Serves as a township treasurer appointed under | ||
|
||
(c) Holds an elective office in a municipality, | ||
|
||
(2) "Employee" does not include persons who:
(a) Are eligible for inclusion under any of the | ||
|
||
1. "An Act in relation to an Illinois State | ||
|
||
2. Articles 15 and 16 of this Code.
However, such persons shall be included as employees | ||
|
||
However, any member of the armed forces who is | ||
|
||
(b) Are designated by the governing body of a | ||
|
||
(3) All persons, including, without limitation, public defenders and
probation officers, who receive earnings from general or special funds
of a county for performance of personal services or official duties
within the territorial limits of the county, are employees of the county
(unless excluded by subsection (2) of this Section) notwithstanding that
they may be appointed by and are subject to the direction of a person or
persons other than a county board or a county officer. It is hereby
established that an employer‑employee relationship under the usual
common law rules exists between such employees and the county paying
their salaries by reason of the fact that the county boards fix their
rates of compensation, appropriate funds for payment of their earnings
and otherwise exercise control over them. This finding and this
amendatory Act shall apply to all such employees from the date of
appointment whether such date is prior to or after the effective date of
this amendatory Act and is intended to clarify existing law pertaining
to their status as participating employees in the Fund.
(Source: P.A. 90‑460, eff. 8‑17‑97.)
|
(40 ILCS 5/7‑109.1) (from Ch. 108 1/2, par. 7‑109.1)
Sec. 7‑109.1.
"Seasonal Employee":
An employee whose position normally
requires regular service during a period of at least 6 consecutive months,
but less than 12 months, in a 12 month period.
(Source: Laws 1967, p. 2091.)
|
(40 ILCS 5/7‑109.2) (from Ch. 108 1/2, par. 7‑109.2)
Sec. 7‑109.2.
"Intermittent Employee":
An employee, whose position normally
requires service intermittently, rather than regularly, and a person whose
position normally requires regular service for a period of less than 6
consecutive months in a 12 month period.
(Source: Laws 1967, p. 2091.)
|
(40 ILCS 5/7‑109.3) (from Ch. 108 1/2, par. 7‑109.3)
Sec. 7‑109.3.
"Sheriff's Law Enforcement Employees".
(a) "Sheriff's law enforcement employee" or "SLEP" means:
(1) A county sheriff and all deputies, other than | ||
|
||
(2) A person who has elected to participate in this | ||
|
||
(3) A law enforcement officer employed on a full | ||
|
||
(4) A person not eligible to participate in a fund | ||
|
||
(b) An employee who is a sheriff's law enforcement employee and is granted
military leave or authorized leave of absence shall receive service credit in
that capacity. Sheriff's law enforcement employees shall not be entitled to
out‑of‑State service credit under Section 7‑139.
(Source: P.A. 92‑16, eff. 6‑28‑01.)
|
(40 ILCS 5/7‑110) (from Ch. 108 1/2, par. 7‑110)
Sec. 7‑110.
Participating employee.
"Participating employee": Any person included within this fund, and
eligible to benefits therefrom, as provided in Section 7‑‑137.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑111) (from Ch. 108 1/2, par. 7‑111)
Sec. 7‑111.
"Prior Service":
The period beginning on the day a
participating employee first became an employee of a municipality, or of an
instrumentality thereof, or of a municipality or instrumentality that was
superseded by the employing participating municipality, or of a participating
instrumentality, and ending on the effective date of participation of the
municipality or participating instrumentality, or upon the latest termination
of service prior to such effective date, but excluding (a) the intervening
periods during which the employee was separated from the service of the
municipality and all instrumentalities thereof, or of the participating
instrumentality, (b) periods during which the employee was employed
in a position normally requiring less than 600 hours of service during a year,
and (c) periods during which the employee served in a position normally
requiring
performance of duty less than 1000 hours per year, if the
participating municipality or participating instrumentality adopted, prior to
its effective date of participation, a resolution or ordinance
excluding persons in such positions from participation.
(Source: P.A. 90‑448, eff. 8‑16‑97.)
|
(40 ILCS 5/7‑112) (from Ch. 108 1/2, par. 7‑112)
Sec. 7‑112.
"Current Service":
The period beginning on the day an employee
first becomes a participating employee and ending on the day of the latest
separation from service of all participating municipalities, and
instrumentalities thereof, and participating instrumentalities, but
excluding all intervening periods during which the employee was separated
from the service of all participating municipalities and instrumentalities
thereof, and participating instrumentalities.
(Source: Laws 1967, p. 2091.)
|
(40 ILCS 5/7‑113) (from Ch. 108 1/2, par. 7‑113)
Sec. 7‑113.
"Creditable Service":
All periods of prior service or
current service for which credits are granted under the provisions of Section
7‑139.
(Source: P.A. 90‑448, eff. 8‑16‑97.)
|
(40 ILCS 5/7‑114) (from Ch. 108 1/2, par. 7‑114)
Sec. 7‑114.
Earnings.
"Earnings":
(a) An amount to be determined by the board, equal to the sum of:
1. The total amount of money paid to an employee for | ||
|
||
2. The money value, as determined by rules | ||
|
||
(b) For purposes of determining benefits payable under this fund
payments to a person who is engaged in an independently established
trade, occupation, profession or business and who is paid for his
service on a basis other than a monthly or other regular salary, are not
earnings.
(c) If a disabled participating employee is eligible to receive Workers'
Compensation for an accidental injury and the participating municipality or
instrumentality which employed the participating employee when injured
continues to pay the participating employee regular salary or other
compensation or pays the employee an amount in excess of the Workers'
Compensation amount, then earnings shall be deemed to be the total payments,
including an amount equal to the Workers' Compensation payments. These
payments shall be subject to employee contributions and allocated as if paid to
the participating employee when the regular payroll amounts would have been
paid if the participating employee had continued working, and creditable
service shall be awarded for this period.
(d) If an elected official who is a participating employee becomes disabled
but does not resign and is not removed from office, then earnings shall include
all salary payments made for the remainder of that term of office and the
official shall be awarded creditable service for the term of office.
(e) If a participating employee is paid pursuant to "An Act to provide for
the continuation of compensation for law enforcement officers, correctional
officers and firemen who suffer disabling injury in the line of duty", approved
September 6, 1973, as amended, the payments shall be deemed earnings, and the
participating employee shall be awarded creditable service for this period.
(f) Additional compensation received by a person while serving as a
supervisor of assessments, assessor, deputy assessor or member of a board of
review from the State of Illinois pursuant to Section 4‑10 or 4‑15 of the
Property Tax Code shall not be
earnings for purposes of this Article and shall not be included in the
contribution formula or calculation of benefits for such person pursuant to
this Article.
(Source: P.A. 87‑740; 88‑670, eff. 12‑2‑94.)
|
(40 ILCS 5/7‑115) (from Ch. 108 1/2, par. 7‑115)
Sec. 7‑115.
Rate of earnings.
"Rate of earnings": The actual rate upon which the earnings of an
employee are calculated at any time, as certified in a written notice, on
file with the board, by the governing body of the municipality, or
instrumentality, or participating instrumentality. For periods during which
the employee did not participate but is entitled to creditable service,
the monthly earnings shall be considered to be the earnings in the position
for each calendar year divided by the number of months of creditable service
in that year.
(Source: P.A. 82‑596.)
|
(40 ILCS 5/7‑116) (from Ch. 108 1/2, par. 7‑116)
Sec. 7‑116.
"Final rate of earnings":
(a) For retirement and survivor annuities, the monthly earnings obtained
by dividing the total earnings received by the employee during the period of
either (1) the 48 consecutive months of service within the last 120 months of
service in which his total earnings were the highest or (2) the
employee's total period of service, by the number of months
of service in such period.
(b) For death benefits, the higher of the rate determined under
paragraph (a) of this Section or total earnings received in the last 12 months
of service divided by twelve. If the deceased employee has less than 12 months
of service, the monthly final rate shall be the monthly rate of pay the
employee was receiving when he began service.
(c) For disability benefits, the total earnings of a participating
employee in the last 12 calendar months of service prior to the date he
becomes disabled divided by 12.
(d) In computing the final rate of earnings: (1) the earnings rate for
all periods of prior service shall be considered equal to the average
earnings rate for the last 3 calendar years of prior service for
which creditable service is received under Section 7‑139 or, if there is less than 3 years of
creditable prior service, the average for the total prior service period
for which creditable service is received under Section 7‑139; (2) for out
of state service and authorized
leave, the earnings rate shall be the rate upon which service credits are
granted; (3) periods of military leave shall not be considered; (4) the
earnings rate for all periods of disability shall be considered equal to
the rate of earnings upon which the employee's disability benefits are
computed for such periods; (5) the earnings to be considered for each of
the final three months of the final earnings period shall not exceed 125%
of the highest earnings of any other month in the final earnings period;
and (6) the annual amount of final rate of earnings shall be the monthly
amount multiplied by the number of months of service normally required by
the position in a year.
(Source: P.A. 90‑448, eff. 8‑16‑97.)
|
(40 ILCS 5/7‑117) (from Ch. 108 1/2, par. 7‑117)
Sec. 7‑117.
Annuitant.
"Annuitant": A person receiving an annuity from this fund.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑118) (from Ch. 108 1/2, par. 7‑118)
Sec. 7‑118.
"Beneficiary":
(a) The surviving spouse of an employee or of an employee
annuitant, or if no surviving spouse survives, the person or persons
designated by a participating employee or employee annuitant, or if no
person so designated survives, or if no designation is on file, the
estate of the employee or employee annuitant. The person or persons
designated by a beneficiary annuitant, or if no person designated
survives, or if no designation is on file, the estate of the beneficiary
annuitant. The estate of a surviving spouse annuitant where the employee
or employee annuitant filed no designation, or no person designated
survives at the death of a surviving spouse annuitant. Designations of
beneficiaries shall be in writing on forms prescribed by the board and
effective upon filing in the fund offices. The designation forms shall
provide for contingent beneficiaries. Divorce, dissolution or annulment
of marriage revokes the designation of an employee's former spouse as a
beneficiary on a designation executed before entry of judgment for divorce,
dissolution or annulment of marriage.
(b) Notwithstanding the foregoing, an employee, former employee who has
not yet received a retirement annuity or separation benefit, or employee
annuitant may elect to name any person, trust or charity to be the
primary beneficiary of any death benefit payable by reason of his death. Such
election shall state specifically whether it is his intention to exclude the
spouse, shall be in writing, and may be revoked at any time. Such election or
revocation shall take effect upon being filed in the fund offices.
(c) If a surviving spouse annuity is payable to a former spouse upon
the death of an employee annuitant, the former spouse, unless designated by
the employee annuitant after dissolution of the marriage, shall not be the
beneficiary for the purposes of the $3,000 death benefit
payable under subparagraph 6 of Section 7‑164. This benefit shall be paid
to the designated beneficiary of the employee annuitant or, if there is no
designation, then to the estate of the employee annuitant.
(Source: P.A. 89‑136, eff. 7‑14‑95; 90‑448, eff. 8‑16‑97.)
|
(40 ILCS 5/7‑119) (from Ch. 108 1/2, par. 7‑119)
Sec. 7‑119.
Annuity.
"Annuity": A series of equal monthly payments, payable as of the first
day of each calendar month during the life of an annuitant, the first
payment to be made as of the first day of the calendar month coincidental
with or next following the date upon which the annuity begins, and the last
payment to be made as of the first day of the calendar month in which the
annuitant dies or the annuity is terminated.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑120) (from Ch. 108 1/2, par. 7‑120)
Sec. 7‑120.
Board.
"Board": The board of trustees of the fund.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑121) (from Ch. 108 1/2, par. 7‑121)
Sec. 7‑121.
"Governing body":
(a) the city council in cities; (b) the board
of trustees in villages or in incorporated towns; (c) the county board in
counties; (d) in townships, the electors for purposes of electing whether
the township shall participate and to appropriate funds and levy taxes for
municipal contributions, under Section 7‑171, for the town and any other
bodies politic included as a part of the town under Section 7‑132.1 and the
Board of Town Trustees for all other purposes; (e) the
corporate authority,
body or officers, as the case may be, authorized by law to levy taxes for
the maintenance and operation of the municipality in other municipalities;
(f) the person or group of persons having ultimate authority to expend
funds for the payment of earnings to employees in participating
instrumentalities; or, (g) the board itself.
(Source: P.A. 82‑783.)
|
(40 ILCS 5/7‑122) (from Ch. 108 1/2, par. 7‑122)
Sec. 7‑122.
Effective date.
"Effective date": The date the provisions of this fund become applicable
to any participating municipality and to all instrumentalities thereof and
to participating instrumentalities, as provided in Section 7‑‑132.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑123) (from Ch. 108 1/2, par. 7‑123)
Sec. 7‑123.
Effective rate of interest.
"Effective rate of interest":
The interest rate determined by the Board for any calendar year which shall
distribute, to the extent reasonably determinable prior to the year for which
the rate is applicable, the current earnings (excluding capital gains) on
assets of the fund to reserves as provided by Section 7‑209, after
due allowance is made for special reserve requirements under Section 7‑208.
(Source: P.A. 91‑357, eff. 7‑29‑99.)
|
(40 ILCS 5/7‑124) (from Ch. 108 1/2, par. 7‑124)
Sec. 7‑124.
Prescribed rate of interest.
"Prescribed rate of interest": The rate of interest to be used for
calculation of the rates of municipality contributions and amounts of
annuities and benefits as determined by the board on the basis of the
probable effective rate of interest on a long term basis.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑125) (from Ch. 108 1/2, par. 7‑125)
Sec. 7‑125.
Federal Social Security Act.
"Federal Social Security Act": Title II of the Social Security Act of
August 14, 1935, 74th Congress, Ch. 531, 49 Stat. 620, 42 U.S.Code, Ch. 7,
Supp., as heretofore or hereafter amended.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑126) (from Ch. 108 1/2, par. 7‑126)
Sec. 7‑126.
Federal Insurance Contributions Act.
"Federal Insurance Contributions Act": Chapter 21 of Sub‑title C of the
Internal Revenue Code of 1954, 83rd Congress, Public Law 591, Chap. 736,
approved August 16, 1954, as heretofore or hereafter amended.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑127) (from Ch. 108 1/2, par. 7‑127)
Sec. 7‑127.
Social Security Enabling Act.
"Social Security Enabling Act": Article 21 of the Illinois Pension Code,
as the same may from time to time be amended.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑128) (from Ch. 108 1/2, par. 7‑128)
Sec. 7‑128.
State agency.
"State agency": The Social Security Unit of the State Employees'
Retirement System of Illinois as defined in the Social Security Enabling
Act or any agency succeeding to the duties thereof.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑129) (from Ch. 108 1/2, par. 7‑129)
Sec. 7‑129.
Covered municipalities and participating instrumentalities.
"Covered municipalities and participating instrumentalities":
Municipalities and participating instrumentalities covered under the
Federal Social Security Act as provided in Section 7‑‑136 hereof.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑130) (from Ch. 108 1/2, par. 7‑130)
Sec. 7‑130.
Covered employee.
"Covered employee": An employee covered under the Federal Social
Security Act as provided in Section 7‑‑138 hereof.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑132)
(from Ch. 108 1/2, par. 7‑132)
Sec. 7‑132. Municipalities, instrumentalities and participating
instrumentalities included and effective dates.
(A) Municipalities and their instrumentalities.
(a) The following described municipalities, but not including any with
more than 1,000,000 inhabitants, and the instrumentalities thereof,
shall be included within and be subject to this Article beginning upon the
effective dates specified by the Board:
(1) Except as to the municipalities and | ||
|
||
However, for any city, village or incorporated town | ||
|
||
(2) School districts, other than those specifically | ||
|
||
(3) Towns and all other bodies politic and corporate | ||
|
||
(4) Any other municipality (together with its | ||
|
||
(b) A municipality that is about to begin participation shall submit to
the Board an application to participate, in a form acceptable to the Board,
not later than 90 days prior to the proposed effective date of
participation. The Board shall act upon the application within 90 days,
and if it finds that the application is in conformity with its requirements
and the requirements of this Article, participation by the applicant shall
commence on a date acceptable to the municipality and specified by the
Board, but in no event more than one year from the date of application.
(c) A participating municipality which succeeds to the functions
of a participating municipality which is dissolved or terminates its
existence shall assume and be transferred the net accumulation balance
in the municipality reserve and the municipality account receivable
balance of the terminated municipality.
(d) In the case of a Veterans Assistance Commission whose employees
were being treated by the Fund on January 1, 1990 as employees of the
county served by the Commission, the Fund may continue to treat the
employees of the Veterans Assistance Commission as county employees for
the purposes of this Article, unless the Commission becomes a participating
instrumentality in accordance with subsection (B) of this Section.
(B) Participating instrumentalities.
(a) The participating instrumentalities designated in
paragraph (b) of this subsection shall be included within
and be subject to this Article if:
(1) an application to participate, in a form | ||
|
||
(2) the Board finds that the application is in | ||
|
||
The Board shall notify the applicant of its findings within 90 days
after receiving the application, and if the
Board approves the application, participation by the applicant shall
commence on the effective date specified by the Board.
(b) The following participating instrumentalities, so long as
they meet the requirements of Section 7‑108 and the area served by them
or within their jurisdiction is not located entirely within a municipality
having more than one million inhabitants, may be included hereunder:
i. Township School District Trustees.
ii. Multiple County and Consolidated Health | ||
|
||
iii. Public Building Commissions created under the | ||
|
||
iv. A multitype, consolidated or cooperative library | ||
|
||
v. Regional Planning Commissions created under | ||
|
||
vi. Local Public Housing Authorities created under | ||
|
||
vii. Illinois Municipal League.
viii. Northeastern Illinois Metropolitan Area | ||
|
||
ix. Southwestern Illinois Metropolitan Area Planning | ||
|
||
x. Illinois Association of Park Districts.
xi. Illinois Supervisors, County Commissioners and | ||
|
||
xii. Tri‑City Regional Port District.
xiii. An association, or not‑for‑profit corporation, | ||
|
||
xiv. Drainage Districts operating under the Illinois | ||
|
||
xv. Local mass transit districts created under the | ||
|
||
xvi. Soil and water conservation districts created | ||
|
||
xvii. Commissions created to provide water supply or | ||
|
||
xviii. Public water districts created under the | ||
|
||
xix. Veterans Assistance Commissions established | ||
|
||
xx. The governing body of an entity, other than a | ||
|
||
xxi. The Illinois Municipal Electric Agency.
xxii. The Waukegan Port District.
xxiii. The Fox Waterway Agency created under the Fox | ||
|
||
xxiv. The Illinois Municipal Gas Agency.
xxv. The Kaskaskia Regional Port District.
xxvi. The Southwestern Illinois Development | ||
|
||
xxvii. The Cairo Public Utility Company.
(c) The governing boards of special education joint agreements
created under Section 10‑22.31 of the School Code without designation of an
administrative district shall be included within and be subject to this
Article as participating instrumentalities when the joint agreement becomes
effective. However, the governing board of any such special education
joint agreement in effect before September 5, 1975 shall not be subject to this
Article unless the joint agreement is modified by the school districts to
provide that the governing board is subject to this Article, except as
otherwise provided by this Section.
The governing board of the Special Education District of Lake County shall
become subject to this Article as a participating instrumentality on July 1,
1997. Notwithstanding subdivision (a)1 of Section 7‑139, on the effective date
of participation, employees of the governing board of the Special Education
District of Lake County shall receive creditable service for their prior
service with that employer, up to a maximum of 5 years, without any employee
contribution. Employees may establish creditable service for the remainder
of their prior service with that employer, if any, by applying in writing and
paying an employee contribution in an amount determined by the Fund, based on
the employee contribution rates in effect at the time of application for the
creditable service and the employee's salary rate on the effective date of
participation for that employer, plus interest at the effective rate from the
date of the prior service to the date of payment. Application for this
creditable service must be made before July 1, 1998; the payment may be made
at any time while the employee is still in service. The employer may elect to
make the required contribution on behalf of the employee.
The governing board of a special education joint agreement created
under Section 10‑22.31 of the School Code for which an administrative
district has been designated, if there are employees of the cooperative
educational entity who are not employees of the administrative district,
may elect to participate in the Fund and be included within this Article as
a participating instrumentality, subject to such application procedures and
rules as the Board may prescribe.
The Boards of Control of cooperative or joint educational programs or
projects created and administered under Section 3‑15.14 of the School
Code, whether or not the Boards act as their own administrative district,
shall be included within and be subject to this Article as participating
instrumentalities when the agreement establishing the cooperative or joint
educational program or project becomes effective.
The governing board of a special education joint agreement entered into
after June 30, 1984 and prior to September 17, 1985 which provides for
representation on the governing board by less than all the participating
districts shall be included within and subject to this Article as a
participating instrumentality. Such participation shall be effective as of
the date the joint agreement becomes effective.
The governing boards of educational service centers established under
Section 2‑3.62 of the School Code shall be included within and subject to
this Article as participating instrumentalities. The governing boards of
vocational education cooperative agreements created under the
Intergovernmental Cooperation Act and approved by the State Board of
Education shall be included within and be subject to this
Article as participating instrumentalities. If any such governing boards
or boards of control are unable to pay the required employer contributions
to the fund, then the school districts served by such boards shall make
payment of required contributions as provided in Section 7‑172. The
payments shall be allocated among the several school districts in
proportion to the number of students in average daily attendance for the
last full school year for each district in relation to the total number of
students in average attendance for such period for all districts served.
If such educational service centers, vocational education cooperatives or
cooperative or joint educational programs or projects created and
administered under Section 3‑15.14 of the School Code are dissolved, the
assets and obligations shall be distributed among the districts in the
same proportions unless otherwise provided.
(d) The governing boards of special recreation joint agreements
created under Section 8‑10b of the Park District Code, operating
without
designation of an administrative district or an administrative
municipality appointed to administer the program operating under the
authority of such joint agreement shall be included within and be
subject to this Article as participating instrumentalities when the
joint agreement becomes effective. However, the governing board of any
such special recreation joint agreement in effect before January 1,
1980 shall not be subject to this Article unless the joint agreement is
modified, by the districts and municipalities which are parties to the
agreement, to provide that the governing board is subject to this Article.
If the Board returns any employer and employee contributions to any
employer which erroneously submitted such contributions on behalf of a
special recreation joint agreement, the Board shall include interest
computed from the end of each year to the date of payment, not compounded,
at the rate of 7% per annum.
(e) Each multi‑township assessment district, the board of
trustees of which has adopted this Article by ordinance prior to April 1,
1982, shall be a participating instrumentality included within and subject
to this Article effective December 1, 1981. The contributions required
under Section 7‑172 shall be included in the budget prepared under and
allocated in accordance with Section 2‑30 of the Property Tax Code.
(f) Beginning January 1, 1992, each prospective participating
municipality or participating instrumentality shall pay to the Fund the
cost, as determined by the Board, of a study prepared by the Fund or its
actuary, detailing the prospective costs of participation in the Fund to be
expected by the municipality or instrumentality.
(Source: P.A. 92‑424, eff. 8‑17‑01; 93‑777, eff. 7‑21‑04.)
|
(40 ILCS 5/7‑132.1) (from Ch. 108 1/2, par. 7‑132.1)
Sec. 7‑132.1.
Towns ‑ Election to participate.
For purposes of this Article, a town which is not a participating
municipality on the effective date of this Act, shall be considered to
include the town itself and all other bodies politic heretofor or hereafter
established by or subject to the direct or indirect control of the town
electors. As so defined, a town may participate in the Fund, on the first
day of January after the year in which a valid participation ordinance, adopted by the town electors, has been filed with
the Board. The following procedures shall govern adoption of a participation
ordinance by the town electors:
(a) A resolution, adopted by the town electors at an | ||
|
||
(b) If the Board finds that the town has adequate | ||
|
||
(c) Upon receipt of an approved application, the | ||
|
||
(d) An ordinance to elect participation shall | ||
|
||
Upon the filing of the ordinance, for the purpose of providing benefits
to their employees and their survivors, the town and the other bodies
politic, whether or not they were participating municipalities, shall be
considered and deemed to be a single municipality. It is declared to be the
policy of the State, that since the town and the other bodies politic serve
the same geographical area, that for the purposes of this Article they are
properly designated as a single municipality.
No town may elect to participate in this Fund except as provided in this
Section. In any town which has not elected to participate in the Fund on
the effective date of this Act, no body politic established by or subject
to the control of the town electors may elect to participate in the Fund,
except as a part of the town as provided in this Section.
(Source: P.A. 91‑357, eff. 7‑29‑99.)
|
(40 ILCS 5/7‑132.2) (from Ch. 108 1/2, par. 7‑132.2)
Sec. 7‑132.2.
Regional office of education.
(a) A regional office of education serving 2 or more counties, except those serving a county of 1,000,000 inhabitants or more, formed pursuant to
Article 3A of the School Code shall be included within and be subject to this
Article, effective as of the effective date of consolidation. For the purpose
of this Article, a regional office of education serving 2 or more counties shall be considered a
participating instrumentality but the requirements of Sections 7‑106 and 7‑132
shall not apply to it. Each county served by a regional office of education
that serves 2 or more
counties shall pay its proportional cost of the office's
municipality contributions. This cost shall be included in the budget prepared
under and apportioned in the manner provided by Section 3A‑7 of the School
Code. Each county may include the cost for its share of the municipality
contributions required for the regional office of education in
its appropriation and tax levy under Section 7‑171 of this Article.
(b) At the request of the county, the Board may designate any
participating regional office of education
to be a separate reporting entity distinct from the county.
(Source: P.A. 90‑448, eff. 8‑16‑97.)
|
(40 ILCS 5/7‑132.3) (from Ch. 108 1/2, par. 7‑132.3)
Sec. 7‑132.3.
The EDC Foundation of Chicago.
The EDC
Foundation of Chicago, an Illinois not‑for‑profit
corporation, may participate in the Fund and become subject to this Article as follows:
(1) By October 1 of the year preceding the year in which participation
is to begin, the Foundation may, with the authorization of at least
two‑thirds of the members of its governing body, file an application with the Board.
(2) The Board shall review the application to determine whether it is in
conformity with the provisions of this Article. Along with such other
provisions as the Board may require, the application shall include a
demonstration that (i) the Foundation has a reasonable expectation of
continuing in existence for at least 10 years, and (ii) the Foundation has
the prospective financial capacity to enable it to meet its current and
future obligations to the Fund. Such financial capacity may be established
by evidence of a contractual commitment by the City of Chicago to assume or
guarantee any unpaid obligations of the Foundation to the Fund, or by the
Foundation entering into an agreement with the Board to pay annually to the
Fund any actuarially determined unfunded obligation relating to the
Foundation, in addition to the employer contributions required under Section 7‑172.
(3) If the Board determines that the application is in conformity with
the requirements of this Article, and that participation by the Foundation
would not reasonably be expected to impair the actuarial soundness of the
Fund, it shall approve the application.
If the application is approved, the Foundation's employees shall begin
participation on the following January 1, and the Foundation shall
thereupon become a participating instrumentality for the purposes of Section 7‑172.
(Source: P.A. 86‑272.)
|
(40 ILCS 5/7‑134) (from Ch. 108 1/2, par. 7‑134)
Sec. 7‑134.
Municipality referendum and notice of election to
participate.
(a) A municipality electing to be included within this Article by
referendum shall hold such referendum within the territory of the municipality
following the filing of a written petition of at least 300 legal voters
or at least 1% of the legal voters of the municipality, whichever is less.
The question shall be certified to the proper election officials, who
shall submit the question to the voters at an election in accordance with
the general election law.
If a majority of the voters who vote upon
this question vote for inclusion of the
municipality, notice of the election to be included shall be given as
provided in this section and the municipality shall thereupon be so
included.
The proposition shall be in substantially the following form:
Shall the....(here name themunicipality or municipalities in which YESthe question is being voted upon) beincluded within the provisions of Article 7 of the Illinois Pension Code, asamended, pertaining to the creation of the NO"Illinois Municipal Retirement Fund"?
Where the boundaries of 2 or more municipalities are coextensive, one
ballot is sufficient for all municipalities specified in the ballot.
(b) A municipality electing to participate shall within 10 days
after the election submit to the board a certified notice of the
election to participate. The notice shall:
1. Be in writing,
2. Indicate the date of the election,
3. Specify all the instrumentalities of the municipality,
4. Be officially certified by the clerk or other proper official of
the municipality as having been duly made in accordance with the
provisions of this Article.
(Source: P.A. 81‑1535.)
|
(40 ILCS 5/7‑135) (from Ch. 108 1/2, par. 7‑135)
Sec. 7‑135.
Authorized agents.
(a) Each participating municipality and participating
instrumentality shall appoint an authorized agent who shall have the
powers and duties set forth in this section. In absence of such
appointment, the duties of the authorized agent shall devolve upon the
clerk or secretary of the municipality or instrumentality and in the
case of township school trustees upon the township school treasurer. In
townships the Authorized Agent shall be the township supervisor.
(b) The authorized agent shall have the following powers and duties:
1. To certify to the fund whether or not a given | ||
|
||
2. To certify to the fund when a participating | ||
|
||
3. To request the proper officer to cause employee | ||
|
||
4. To request the proper officer to cause | ||
|
||
5. To forward promptly to all participating | ||
|
||
6. To forward promptly to the fund all applications, | ||
|
||
7. To perform all duties related to the | ||
|
||
(c) The governing body of each participating municipality and
participating instrumentality may delegate any or all of the following
powers and duties to its authorized agent, but only if the agent is a
member of the fund:
1. To file a petition for nomination of an executive | ||
|
||
2. To cast the ballot for election of an executive | ||
|
||
If a governing body does not authorize its agent to perform the
powers and duties set forth in this paragraph (c), they shall be
performed by the governing body itself, unless the governing body by
resolution duly certified to the fund delegates them to some other
officer or employee.
(d) The delivery of any communication or document by an employee or
a participating municipality or participating instrumentality to its
authorized agent shall not constitute delivery to the fund.
(Source: P.A. 87‑740.)
|
(40 ILCS 5/7‑136) (from Ch. 108 1/2, par. 7‑136)
Sec. 7‑136.
Municipalities and participating instrumentalities covered under the
Federal Social Security Act and effective dates.
Subject to the provisions of the Agreement with the State Agency as
provided in Section 7‑‑170, the following described municipalities
(including all instrumentalities thereof), and participating
instrumentalities shall be considered covered under the Federal Social
Security Act and shall be subject to this Article pertaining to covered
municipalities and participating instrumentalities beginning upon the
effective dates hereinafter specified:
(a) All municipalities (and instrumentalities thereof) and participating
instrumentalities participating on December 31, 1957 shall be covered as of
January 1, 1956;
(b) All municipalities (and instrumentalities thereof) and participating
instrumentalities that begin participation after December 31, 1957, shall
be considered covered as of the effective date of participation.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑137) (from Ch. 108 1/2, par. 7‑137)
Sec. 7‑137. Participating and covered employees.
(a) The persons described in this paragraph (a) shall be included within
and be subject to this Article and eligible to benefits from this fund,
beginning upon the dates hereinafter specified:
1. Except as to the employees specifically excluded | ||
|
||
2. Except as to the employees specifically excluded | ||
|
||
3. All persons who file notice with the board as | ||
|
||
(b) The following described persons shall not be considered
participating employees eligible for benefits from this fund, but shall
be included within and be subject to this Article (each of the
descriptions is not exclusive but is cumulative):
1. Any person who occupies an office or is employed | ||
|
||
2. Any person who holds elective office unless he | ||
|
||
3. Any person working for a city hospital unless any | ||
|
||
4. Any person who becomes an employee after June 30, | ||
|
||
5. Any person who is actively employed by a | ||
|
||
(c) Any person electing to be a participating employee, pursuant to
paragraph (b) of this Section may not change such election,
except as provided in Section 7‑137.1.
(d) Any employee who occupied the position of school nurse in any
participating municipality on August 8, 1961 and continuously thereafter
until the effective date of the exercise of the option authorized by
this subparagraph, who on August 7, 1961 was a member of the Teachers'
Retirement System of Illinois, by virtue of certification by the
Department of Registration and Education as a public health nurse, may
elect to terminate participation in this Fund in order to re‑establish
membership in such System. The election may be exercised by filing
written notice thereof with the Board or with the Board of Trustees of
said Teachers' Retirement System, not later than September 30, 1963, and
shall be effective on the first day of the calendar month next following
the month in which the notice was filed. If the written notice is filed
with such Teachers' Retirement System, that System shall immediately
notify this Fund, but neither failure nor delay in notification shall
affect the validity of the employee's election. If the option is
exercised, the Fund shall notify such Teachers' Retirement System of
such fact and transfer to that system the amounts contributed by the
employee to this Fund, including interest at 3% per annum, but excluding
contributions applicable to social security coverage during the period
beginning August 8, 1961 to the effective date of the employee's
election. Participation in this Fund as to any credits on or after
August 8, 1961 and up to the effective date of the employee's election
shall terminate on such effective date.
(e) Any participating municipality or participating instrumentality,
other than a school district or special education joint agreement created
under Section 10‑22.31 of the School Code, may, by a resolution or
ordinance duly adopted by its governing body, elect to exclude from
participation and eligibility for benefits all persons who are employed
after the effective date of such resolution or ordinance and who occupy an
office or are employed in a position normally requiring performance of duty
for less than 1000 hours per year for the participating municipality
(including all instrumentalities thereof) or participating instrumentality
except for persons employed in a position normally requiring performance of
duty for 600 hours or more per year (i) by such participating municipality
or participating instrumentality prior to the effective date of the
resolution or ordinance, (ii) by any participating municipality or
participating instrumentality prior to January 1, 1982 and (iii) by a
participating municipality or participating instrumentality, which had not
adopted such a resolution when the person was employed, and the function
served by the employee's position is assumed by another participating
municipality or participating instrumentality. A participating municipality or
participating instrumentality included in and subject to this Article after
January 1, 1982 may adopt such resolution or ordinance only prior to the
date it becomes included in and subject to this Article. Notwithstanding
the foregoing, a participating municipality or participating
instrumentality which is formed solely to succeed to the functions of a
participating municipality or participating instrumentality shall be
considered to have adopted any such resolution or ordinance which may have
been applicable to the employees performing such functions. The election
made by the resolution or ordinance shall take effect at the time specified
in the resolution or ordinance, and once effective shall be irrevocable.
(Source: P.A. 93‑933, eff. 8‑13‑04.)
|
(40 ILCS 5/7‑137.1) (from Ch. 108 1/2, par. 7‑137.1)
Sec. 7‑137.1.
Elected officials.
(a) A person holding an elective office who has elected
to participate in the Fund while in that office may revoke that election
and cease participating in the Fund by notifying the Board in writing
before January 1, 1992.
Upon such revocation, the person shall forfeit all creditable service
earned while holding that office, and the Board shall refund to the person,
without interest, all employee contributions paid for the forfeited
creditable service. The Board shall also refund or credit to the employing
municipality, without interest, the employer contributions relating to the
forfeited service, except those for death and disability.
(b) Notwithstanding the provisions of Sections 7‑141 and 7‑144,
beginning January 1, 1992, a person who holds an elective office and has
not elected to participate in the Fund with respect to that office (or has
revoked his election to participate with respect to that office under
subsection (a) of this Section) shall not be disqualified from receiving a
retirement annuity by reason of holding such office, provided that the
annuity is not based on any credits received for participating while
holding that office.
(Source: P.A. 87‑740.)
|
(40 ILCS 5/7‑138) (from Ch. 108 1/2, par. 7‑138)
Sec. 7‑138.
Employees covered under the Federal Social Security Act and
effective dates.
Subject to the Agreement with the State Agency as described in Section
7‑‑170, the following described employees of covered municipalities and of
covered participating instrumentalities shall be considered covered under
the Federal Social Security Act and shall be subject to the provisions of
this Article pertaining to covered employees beginning upon the effective
dates hereinafter specified:
(a) Each person who was an employee of a municipality or participating
instrumentality covered as of January 1, 1956, and employed by such
municipality or participating instrumentality on December 31, 1957, shall
be considered a covered employee as of January 1, 1956, or the date
employment with such municipality or participating instrumentality began,
whichever is later;
(b) Each person who was an employee of a municipality or participating
instrumentality covered as of January 1, 1956, who was not employed by such
municipality or participating instrumentality on December 31, 1957, shall
be considered a covered employee as of the first date of employment after
such date;
(c) Each person who was an employee of a municipality or participating
instrumentality becoming covered after December 31, 1957, shall be
considered a covered employee on the date the municipality or participating
instrumentality becomes a covered municipality or participating
instrumentality or on the first date of employment, whichever is later;
(d) Each person who performs service for a municipality or participating
instrumentality defined as covered transportation service under Section 210
of the Federal Social Security Act if he (1) meets the requirements of
Section 7‑137 of this Act, (2) is employed by a municipality or
participating instrumentality which has elected to participate and has been
accepted for participation, and (3) is subject to the Federal Insurance
Contributions Act, shall be considered a covered employee for the purpose
of computing benefits under this Article, but no contributions need be made
for Social Security purposes under this Article so long as contributions
are being made under the Federal Insurance Contributions Act in respect to
such service.
(Source: P. A. 78‑811.)
|
|
||
If the effective date of participation for the | ||
|
||
If the effective date of participation for the | ||
|
||
A municipality that (i) has at least 35 employees; | ||
|
||
Any person who has withdrawn from the service of a | ||
|
||
2. For current service, each participating employee | ||
|
||
a. Additional credits of amounts equal to each | ||
|
||
b. Normal credits of amounts equal to each | ||
|
||
c. Municipality credits in an amount equal to | ||
|
||
d. Survivor credits equal to each payment of | ||
|
||
3. For periods of temporary and total and permanent | ||
|
||
4. For authorized leave of absence without pay: A | ||
|
||
a. An application for credits and creditable | ||
|
||
b. Not more than 12 complete months of | ||
|
||
c. Credits and creditable service shall be | ||
|
||
d. Benefits under the provisions of Sections | ||
|
||
e. No credits or creditable service shall be | ||
|
||
5. For military service: The governing body of a | ||
|
||
Any participating employee who left his employment | ||
|
||
Notwithstanding the foregoing, any participating | ||
|
||
5.1. In addition to any creditable service | ||
|
||
In order to receive creditable service for military | ||
|
||
6. For out‑of‑state service: Creditable service | ||
|
||
7. For retroactive service: Any employee who could | ||
|
||
Any employee who is a participating employee on or | ||
|
||
8. For accumulated unused sick leave: A | ||
|
||
a. Sick leave days shall be limited to those | ||
|
||
b. Only sick leave days accumulated with a | ||
|
||
c. The creditable service granted shall be | ||
|
||
d. The creditable service shall be at the rate | ||
|
||
e. Employee contributions shall not be required | ||
|
||
f. Each participating municipality and | ||
|
||
9. For service transferred from another system: | ||
|
||
10. For service transferred from an Article 3 system | ||
|
||
The board shall establish by rule the manner of | ||
|
||
(b) Creditable service ‑ amount:
1. One month of creditable service shall be allowed | ||
|
||
2. A seasonal employee shall be given 12 months of | ||
|
||
3. An intermittent employee shall be given | ||
|
||
(c) No application for correction of credits or creditable service shall
be considered unless the board receives an application for correction while
(1) the applicant is a participating employee and in active employment
with a participating municipality or instrumentality, or (2) while the
applicant is actively participating in a pension fund or retirement
system which is a participating system under the Retirement Systems
Reciprocal Act. A participating employee or other applicant shall not be
entitled to credits or creditable service unless the required employee
contributions are made in a lump sum or in installments made in accordance
with board rule.
(d) Upon the granting of a retirement, surviving spouse or child
annuity, a death benefit or a separation benefit, on account of any
employee, all individual accumulated credits shall thereupon terminate.
Upon the withdrawal of additional contributions, the credits applicable
thereto shall thereupon terminate. Terminated credits shall not be applied
to increase the benefits any remaining employee would otherwise receive under
this Article.
(Source: P.A. 93‑933, eff. 8‑13‑04; 94‑356, eff. 7‑29‑05.)
|
(40 ILCS 5/7‑139.1) (from Ch. 108 1/2, par. 7‑139.1)
Sec. 7‑139.1.
General Assembly transfers and credits.
(a) Any active member of the General Assembly Retirement System (and
until February 1, 1993, any former member of that System who has not yet
retired) may apply for transfer of his credits and creditable service
accumulated under this Fund to the General Assembly System. Also, any
active member of the State Employees' Retirement System of Illinois who is
an officer of the General Assembly may apply for a similar transfer from
this Fund, provided that such member received credit under this Fund as an
elected county officer. Such credits and creditable service shall be
transferred forthwith. Payment by this Fund to the General Assembly System
or the State Employees' Retirement System shall be made at the same time
and shall consist of:
(1) the amounts accumulated to the credit of the | ||
|
||
(2) municipality credits computed and credited under | ||
|
||
Participation in this Fund as to any credits transferred under this
Section shall terminate on the date of transfer.
(b) An active member of the General Assembly Retirement System (and
until February 1, 1993, any former member of that System who has not yet
retired) who has service credits and creditable service under the Fund may
establish additional service credits and creditable service for periods
during which he was an elected official and could have elected to
participate but did not so elect. Service credits and creditable service
may be established by payment to the fund of an amount equal to the
contributions he would have made if he had elected to participate, plus
interest to the date of payment. The limitations in subparagraph (c) of
Section 7‑139 of this Article shall not apply to payments made under this
Section.
(c) An active member of the General Assembly Retirement System (and
until February 1, 1993, any former member of that System who has not yet
retired) may reinstate service and service credits terminated upon receipt
of a separation benefit, by payment to the Fund of the amount of the
separation benefit plus interest thereon to the date of payment.
(Source: P.A. 87‑794.)
|
(40 ILCS 5/7‑139.2) (from Ch. 108 1/2, par. 7‑139.2)
Sec. 7‑139.2.
Validation of service credits.
An active member of the General Assembly having no service credits or
creditable service in the Fund, may establish service credit and
creditable service for periods during which he was an employee of a
municipality in an elective office and could have elected to participate
in the Fund but did not so elect. Service credits and creditable service
may be established by payment to the Fund of an amount equal to the
contributions he would have made
if he had elected to participate plus
interest to the date of payment, together with the applicable
municipality credits including interest, but the total period of such
creditable service that may be validated shall not exceed 8 years.
(Source: P.A. 81‑1536.)
|
(40 ILCS 5/7‑139.3) (from Ch. 108 1/2, par. 7‑139.3)
Sec. 7‑139.3.
Validation of service credits.
An active member of the General Assembly having no service credits or
creditable service in the Fund may establish service credit and
creditable service for periods during which he held an elective office
in a municipality but could not participate in the Fund because the
municipality was not a participant in the Fund. Service credits and
creditable service may be established by payment to the Fund of an
amount equal to the contributions he would have made if he had
participated, with interest to the date of payment, together with the
applicable municipality credits with interest.
(Source: P.A. 81‑1536.)
|
(40 ILCS 5/7‑139.4) (from Ch. 108 1/2, par. 7‑139.4)
Sec. 7‑139.4.
Termination of participation as an employee.
Any
participating employee who is an active member of the General Assembly
on or after November 20, 1979 may, upon written application to the
Board within 90 days of that date or of becoming an active member of
the General Assembly, whichever is later, terminate his participation as
an employee in this fund. Any person who has terminated his
participation as an employee under this Section and has continued the
employment upon which such employee status has been based may revoke
that termination after it has been in effect at least one year by filing
a notice of the revocation with the Board. Any such person may then
establish service credit and creditable service for any period of
service during which the termination of participation was in effect by
paying into the fund, within 6 months after revoking the termination of
participation, an amount equal to the employee contributions which would have
been required during the period for which the termination was
in effect together with interest thereon at 6% per annum compounded
annually.
(Source: P.A. 81‑1536.)
|
(40 ILCS 5/7‑139.5) (from Ch. 108 1/2, par. 7‑139.5)
Sec. 7‑139.5.
(a) Persons otherwise required or eligible to participate
in the Fund who elect to continue participation in the General Assembly
System under Section 2‑117.1 may not participate in the Fund 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
Fund, upon payment to the Fund of (1) the amount by which the employer
and employee contributions that would have been required if he had participated
in this Fund during the period for which credit under Section 2‑117.1 is
being transferred, plus interest, exceeds the amounts actually transferred
under that Section to the Fund, plus (2) interest thereon at 6% per annum
compounded annually from the date of such participation to the date of payment.
(Source: P.A. 82‑342.)
|
(40 ILCS 5/7‑139.6) (from Ch. 108 1/2, par. 7‑139.6)
Sec. 7‑139.6.
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 a pension fund established under Article 9 of this Code,
any chief of the County Police Department or undersheriff of the County
Sheriff's Department who has elected under subparagraph (j) of Section 9‑128.1
to be included within the provisions of Section 9‑128.1 of 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 credits and creditable service accumulated in this Fund to
such Article 8, 9 or 13 fund. Such creditable service shall be
transferred forthwith. Payment by this Fund to the Article 8, 9 or 13
fund shall be made at the same time and shall consist of:
(1) the amounts accumulated to the credit of the | ||
|
||
(2) municipality credits computed and credited under | ||
|
||
Participation in this Fund as to any
credits transferred under this Section shall terminate on the date of transfer.
(b) Any such elected city officer, county officer, chief of the County
Police Department, undersheriff of the County Sheriff's Department, or
sanitary
district commissioner who has credits and creditable service under the Fund
may establish additional credits and creditable service for periods during
which he could have elected to participate but did not so elect. Credits
and creditable service may be established by payment to the Fund of an
amount equal to the contributions he would have made if he had elected to
participate, plus interest thereon to the date of payment. The limitations
in subparagraph (c) of Section 7‑139 of this Article shall not
apply to payments made under this Section.
(c) Any such elected city officer, county officer, chief of the County
Police Department, undersheriff of the County Sheriff's Department, or
sanitary district commissioner may reinstate credits and creditable service
terminated upon receipt of a separation benefit, by payment to
the Fund of the amount of the separation benefit plus interest thereon at
the rate of 6% per year to the date of payment.
(Source: P.A. 89‑643, eff. 8‑9‑96.)
|
(40 ILCS 5/7‑139.7) (from Ch. 108 1/2, par. 7‑139.7)
Sec. 7‑139.7.
Transfer to Article 14.
(a) Until January 31, 1994, any active member of the State
Employees' Retirement System who is a State policeman, a conservation
police officer, or an investigator for the Secretary of State may apply for
transfer of his creditable service accumulated under this Article for
service as a sheriff's law enforcement employee, or service as a
municipal conservator of the peace, certified under the Police Training
Act, to the State Employees' Retirement System. At the time of the
transfer the Fund shall pay to the State Employees' Retirement System an amount
equal to:
(1) the amounts accumulated to the credit of the | ||
|
||
(2) the corresponding municipality credits, | ||
|
||
(3) any interest paid by the applicant in order to | ||
|
||
Participation in this Fund with respect to the transferred credits shall
terminate on the date of transfer.
(b) Until January 31, 1993, any such State policeman, conservation
police officer or investigator for the Secretary of State may reinstate
service that was terminated by receipt of a refund, by paying to the Fund
the amount of the refund with interest thereon at the effective rate from
the date of refund to the date of payment.
(Source: P.A. 87‑794; 87‑850; 87‑1265.)
|
(40 ILCS 5/7‑139.8) (from Ch. 108 1/2, par. 7‑139.8)
Sec. 7‑139.8.
Transfer to Article 14 System.
(a) Any active member of the State Employees' Retirement System who is an
investigator for the Office of the State's Attorneys Appellate Prosecutor
or a controlled substance inspector
may apply for transfer of his or her credits and creditable service
accumulated in this Fund for service as a sheriff's law enforcement
employee to the State Employees' Retirement System in accordance with
Section 14‑110. The creditable service shall be transferred only upon payment
by this Fund to the State Employees' Retirement System of an amount equal to:
(1) the amounts accumulated to the credit of the | ||
|
||
(2) municipality credits based on such service, | ||
|
||
(3) any interest paid by the applicant to reinstate | ||
|
||
Participation in this Fund as to any credits transferred under this
Section shall terminate on the date of transfer.
(b) Any such investigator or inspector may reinstate credits and
creditable service terminated upon receipt of a separation benefit, by paying
to the Fund the amount of the separation benefit plus interest thereon at the
rate of 6% per year to the date of payment.
(Source: P.A. 90‑32, eff. 6‑27‑97.)
|
(40 ILCS 5/7‑139.9)
Sec. 7‑139.9.
Transfer to Article 3 pension fund.
(a) Until January 1, 1999, a person who has lawfully rescinded an election
to participate in this Fund under Section 3‑109.1 and has become an active
participant in a police pension fund established under Article 3 of this Code
may apply for transfer to that Article 3 fund of his or her creditable service
accumulated under this Article for municipal law enforcement service. At the
time of the transfer the Fund shall pay to the police pension fund an amount
equal to:
(1) the amounts accumulated to the credit of the | ||
|
||
(2) the municipality credits based on that service, | ||
|
||
(3) any interest paid by the applicant in order to | ||
|
||
Participation in this Fund with respect to the transferred credits shall
terminate on the date of transfer.
For the purposes of this Section, "municipal law enforcement service" means
service with the police department of a participating municipality for
which the applicant established creditable service under this Article as a
result of an election under Section 3‑109.1 of this Code.
(b) An active member of a pension fund established under Article 3
of this Code may reinstate municipal law enforcement service
under this Article that was terminated by receipt of a refund, by paying to the
Fund the amount of the refund plus interest thereon at the rate of 6% per year,
compounded annually, from the date of refund to the date of payment.
(c) A chief of police who participates in this Fund as a result of an
election under Section 3‑109.1 may rescind that election and transfer his
or her participation from this Fund to a police pension fund established under
Article 3 of this Code in which he or she is eligible to participate, as
provided in Section 3‑109.1(b). A transfer of participation under this
subsection (c) and Section 3‑109.1(b) is irrevocable.
(Source: P.A. 90‑460, eff. 8‑17‑97.)
|
(40 ILCS 5/7‑139.10)
Sec. 7‑139.10. Transfer to Article 4 pension fund. A person who has elected under Section 4‑108.4 to become an
active participant in a firefighter pension fund established under Article 4 of
this Code may apply for transfer to that Article 4 fund of his or her
creditable service accumulated under this Article for municipal firefighter
service. At the time of the transfer, the Fund
shall pay to the firefighter pension fund an amount equal to:
(1) the amounts accumulated to the credit of the | ||
|
||
(2) any interest paid by the applicant in order to | ||
|
||
(3) the municipality credits based on that service, | ||
|
||
Participation in this fund with respect to the transferred credits shall
terminate on the date of transfer.
For the purpose of this Section, "municipal firefighter service" means
service with the fire department of a participating municipality for which the
applicant
established
creditable service under this Article.
(Source: P.A. 93‑689, eff. 7‑1‑04.) |
|
||
(2) the municipality credits based on that service, | ||
|
||
(3) any interest paid by the applicant in order to | ||
|
||
Participation in this Fund with respect to the transferred credits shall
terminate on the date of transfer.
(b) An active member of a pension fund established under Article 3
of this Code may reinstate creditable service
under this Article that was terminated by receipt of a refund, by paying to the
Fund the amount of the refund plus interest thereon at the rate of 6% per year,
compounded annually, from the date of refund to the date of payment.
(Source: P.A. 94‑356, eff. 7‑29‑05.) |
(40 ILCS 5/7‑141) (from Ch. 108 1/2, par. 7‑141)
Sec. 7‑141.
Retirement annuities ‑ Conditions.
Retirement annuities shall be payable as hereinafter set forth:
(a) A participating employee who, regardless of cause, is separated
from the service of all participating municipalities and
instrumentalities thereof and participating instrumentalities shall be
entitled to a retirement annuity provided:
1. He is at least age 55, or in the case of a person | ||
|
||
2. He is (i) an employee who was employed by any | ||
|
||
3. The amount of his annuity, before the application | ||
|
||
4. If he first became a participating employee after | ||
|
||
(b) Retirement annuities shall be payable:
1. As provided in Section 7‑119;
2. Except as provided in item 3, upon receipt by the | ||
|
||
3. Upon attainment of age 70 1/2 if the member (i) | ||
|
||
4. To the beneficiary of the deceased annuitant for | ||
|
||
(Source: P.A. 91‑887, eff. 7‑6‑00.)
|
|
||
(2) This financial crisis is expected to continue.
(3) Units of local government must depend on | ||
|
||
(4) An early retirement incentive designed | ||
|
||
(5) The early retirement incentive should be made | ||
|
||
(6) A unit of local government adopting a program of | ||
|
||
(7) A unit of local government adopting a program of | ||
|
||
It is the primary purpose of this Section to encourage units of local
government that can realize true cost savings, or have determined that an early
retirement program is in their best interest, to implement an early retirement
program.
(b) Until the effective date of this amendatory Act of 1997, this
Section does not apply to any employer that is a city, village, or incorporated
town, nor to the employees of any such employer. Beginning on the effective
date of this amendatory Act of 1997, any employer under this Article, including
an employer that is a city, village, or incorporated town, may establish an
early retirement incentive program for its employees under this Section. The
decision of a city, village, or incorporated town to consider or establish an
early retirement program is at the sole discretion of that city, village, or
incorporated town, and nothing in this amendatory Act of 1997 limits or
otherwise diminishes this discretion. Nothing contained in this Section shall
be construed to require a city, village, or incorporated town to establish an
early retirement program and no city, village, or incorporated town may be
compelled to implement such a program.
The benefits provided in this Section are available only to members
employed by a participating employer that has filed with the Board of the
Fund a resolution or ordinance expressly providing for the creation of an
early retirement incentive program under this Section for its employees and
specifying the effective date of the early retirement incentive program.
Subject to the limitation in subsection (h), an employer may adopt a resolution
or ordinance providing a program of early retirement incentives under this
Section at any time.
The resolution or ordinance shall be in substantially the following form:
RESOLUTION (ORDINANCE) NO. ....
A RESOLUTION (ORDINANCE) ADOPTING AN EARLY
RETIREMENT INCENTIVE PROGRAM FOR EMPLOYEES
IN THE ILLINOIS MUNICIPAL RETIREMENT FUND
WHEREAS, Section 7‑141.1 of the Illinois Pension Code provides that a
participating employer may elect to adopt an early retirement
incentive program offered by the Illinois Municipal Retirement Fund by
adopting a resolution or ordinance; and
WHEREAS, The goal of adopting an early retirement program is
to realize a substantial savings in personnel costs by offering early
retirement incentives to employees who have accumulated many years of
service credit; and
WHEREAS, Implementation of the early retirement program will provide a
budgeting tool to aid in controlling payroll costs; and
WHEREAS, The (name of governing body) has determined that the adoption of an
early retirement incentive program is in the best interests of the (name of
participating employer); therefore be it
RESOLVED (ORDAINED) by the (name of governing body) of (name of
participating employer) that:
(1) The (name of participating employer) does hereby adopt the Illinois
Municipal Retirement Fund early retirement incentive program as provided in
Section 7‑141.1 of the Illinois Pension Code. The early retirement incentive
program shall take effect on (date).
(2) In order to help achieve a true cost savings, a person who retires under
the early retirement incentive program shall lose those incentives if he or she
later accepts employment with any IMRF employer in a position for which
participation in IMRF is required or is elected by the employee.
(3) In order to utilize an early retirement incentive as a budgeting
tool, the (name of participating employer) will use its best efforts either
to limit the number of employees who replace the employees who retire under
the early retirement program or to limit the salaries paid to the employees who
replace the employees who retire under the early retirement program.
(4) The effective date of each employee's retirement under this early
retirement program shall be set by (name of employer) and shall be no
earlier than the effective date of the program and no later than one year after
that effective date; except that the employee may require that the retirement
date set by the employer be no later than the June 30 next occurring after the
effective date of the program and no earlier than the date upon which the
employee qualifies for retirement.
(5) To be eligible for the early retirement incentive under this Section,
the employee must have attained age 50 and have at least 20 years of creditable
service by his or her retirement date.
(6) The (clerk or secretary) shall promptly file a certified copy of
this resolution (ordinance) with the Board of Trustees of the Illinois
Municipal Retirement Fund.
CERTIFICATION
I, (name), the (clerk or secretary) of the (name of participating
employer) of the County of (name), State of Illinois, do hereby certify
that I am the keeper of the books and records of the (name of employer)
and that the foregoing is a true and correct copy of a resolution
(ordinance) duly adopted by the (governing body) at a meeting duly convened
and held on (date).
SEAL
(Signature of clerk or secretary)
(c) To be eligible for the benefits provided under an early retirement
incentive program adopted under this Section, a member must:
(1) be a participating employee of this Fund who, on | ||
|
||
(2) have never previously received a retirement | ||
|
||
(3) (blank);
(4) have at least 20 years of creditable service in | ||
|
||
(5) have attained age 50 by the date of retirement, | ||
|
||
(6) be eligible to receive a retirement annuity under | ||
|
||
(d) The employer shall determine the retirement date for each employee
participating in the early retirement program adopted under this Section. The
retirement date shall be no earlier than the effective date of the program and
no later than one year after that effective date, except that the employee may
require that the retirement date set by the employer be no later than the June
30 next occurring after the effective date of the program and no earlier than
the date upon which the employee qualifies for retirement. The employer shall
give each employee participating in the early retirement program at least 30
days written notice of the employee's designated retirement date, unless the
employee waives this notice requirement.
(e) An eligible person may establish up to 5 years of creditable service
under this Section. In addition, for each period of creditable service
established under this Section, a person shall have his or her age at
retirement deemed enhanced by an equivalent period.
The creditable service established under this Section may be used for all
purposes under this Article and the Retirement Systems Reciprocal Act,
except for the computation of final rate of earnings and the determination
of earnings, salary, or compensation under this or any other Article of the
Code.
The age enhancement established under this Section may be used for all
purposes under this Article (including calculation of the reduction imposed
under subdivision (a)1b(iv) of Section 7‑142), except for purposes of a
reversionary annuity under Section 7‑145 and any distributions required because
of age. The age enhancement established under this Section may be used in
calculating a proportionate annuity payable by this Fund under the Retirement
Systems Reciprocal Act, but shall not be used in determining benefits payable
under other Articles of this Code under the Retirement Systems Reciprocal Act.
(f) For all creditable service established under this Section, the
member must pay to the Fund an employee contribution consisting of 4.5%
of the member's highest annual salary rate used in the determination of the
final rate of earnings for retirement annuity purposes for each year of
creditable service granted under this Section. For creditable service
established under this Section by a person who is a sheriff's law
enforcement employee to be deemed service as a sheriff's law enforcement
employee, the employee contribution shall be at the rate of 6.5%
of highest annual salary per year of creditable service granted.
Contributions for fractions of a year of service shall be prorated.
Any amounts that are disregarded in determining the final rate of earnings
under subdivision (d)(5) of Section 7‑116 (the 125% rule) shall also be
disregarded in determining the required contribution under this subsection (f).
The employee contribution shall be paid to the Fund as follows: If the
member is entitled to a lump sum payment for accumulated vacation, sick leave,
or personal leave upon withdrawal from service, the employer shall deduct the
employee contribution from that lump sum and pay the deducted amount directly
to the Fund. If there is no such lump sum payment or the required employee
contribution exceeds the net amount of the lump sum payment, then the remaining
amount due, at the option of the employee, may either be paid to the Fund
before the annuity commences or deducted from the retirement annuity in 24
equal monthly installments.
(g) An annuitant who has received any age enhancement or creditable service
under this Section and thereafter accepts employment with or enters into a
personal services contract with an employer under this Article thereby forfeits
that age enhancement and creditable service; except that this restriction
does not apply to service in an elective office, so long as the annuitant
does not participate in this Fund with respect to that office. A person
forfeiting early retirement incentives under this subsection (i) must repay to
the Fund that portion of the retirement annuity already received which is
attributable to the early retirement incentives that are being forfeited, (ii)
shall not be eligible to participate in any future early retirement program
adopted under this Section, and (iii) is entitled to a refund of the employee
contribution paid under subsection (f). The Board shall deduct the required
repayment from the refund and may impose a reasonable payment schedule for
repaying the amount, if any, by which the required repayment exceeds the refund
amount.
(h) The additional unfunded liability accruing as a result of the adoption
of a program of early retirement incentives under this Section by an employer
shall be amortized over a period of 10 years beginning on January 1 of the
second calendar year following the calendar year in which the latest date for
beginning to receive a retirement annuity under the program (as determined by
the employer under subsection (d) of this Section) occurs; except that the
employer may provide for a shorter amortization period (of no less than 5
years) by adopting an ordinance or resolution specifying the length of the
amortization period and submitting a certified copy of the ordinance or
resolution to the Fund no later than 6 months after the effective date of the
program. An employer, at its discretion, may accelerate payments to the Fund.
An employer may provide more than one early retirement incentive program
for its employees under this Section. However, an employer that has provided
an early retirement incentive program for its employees under this Section may
not provide another early retirement incentive program under this Section until the liability arising from the earlier program has been fully paid to
the Fund.
(Source: P.A. 94‑456, eff. 8‑4‑05.)
|
(40 ILCS 5/7‑142) (from Ch. 108 1/2, par. 7‑142)
Sec. 7‑142.
Retirement annuities ‑ Amount.
(a) The amount of a retirement annuity shall be the sum of the
following, determined in accordance with the actuarial tables in effect at
the time of the grant of the annuity:
1. For employees with 8 or more years of service, | ||
|
||
a. The monthly annuity which can be provided | ||
|
||
b. (i) The monthly annuity amount determined as | ||
|
||
(ii) For the sole purpose of computing the | ||
|
||
(iii) The monthly annuity computed in accordance | ||
|
||
(iv) For employees who have less than 35 years | ||
|
||
2. The annuity which can be provided from the total | ||
|
||
(b) If payment of an annuity begins prior to the earliest age at
which the employee will become eligible for an old age insurance benefit
under the Federal Social Security Act, he may elect that the annuity
payments from this fund shall exceed those payable after his attaining
such age by an amount, computed as determined by rules of the Board, but
not in excess of his estimated Social Security Benefit, determined as
of the effective date of the annuity, provided that in no case shall the
total annuity payments made by this fund exceed in actuarial value the
annuity which would have been payable had no such election been made.
(c) The retirement annuity shall be increased each year by 2%, not
compounded, of the monthly amount of annuity, taking into consideration
any adjustment under paragraph (b) of this Section. This increase shall
be effective each January 1 and computed from the effective date of the
retirement annuity, the first increase being .167% of the monthly amount
times the number of months from the effective date to January 1. Beginning
January 1, 1984 and thereafter, the retirement annuity shall be increased
by 3% each year, not compounded. This increase shall not be applicable to
annuitants who are not in service on or after September 8, 1971.
(Source: P.A. 91‑357, eff. 7‑29‑99.)
|
(40 ILCS 5/7‑143) (from Ch. 108 1/2, par. 7‑143)
Sec. 7‑143.
Retirement annuities‑Reduction.
If the participating employee elects a reversionary annuity in
accordance with Section 7‑‑145, his retirement annuity shall be reduced by
an amount equal to the annuity which could be provided for him at the time
the annuity begins from the accumulated additional credits required to
provide the reversionary annuity.
(Source: P. A. 77‑2121.)
|
|
||
(2) The actuarial value in monthly payments for life | ||
|
||
(3) The monthly amount of the suspended annuity, with | ||
|
||
(4) The suspended annuity shall be reinstated at an | ||
|
||
(5) The effective date of the combined suspended and | ||
|
||
(Source: P.A. 82‑459.)
|
(40 ILCS 5/7‑144.2) (from Ch. 108 1/2, par. 7‑144.2)
Sec. 7‑144.2.
Incremental retirement annuity.
Each employee annuitant who terminated service prior to the effective
date of this amendatory Act of 1971 is entitled to receive a monthly
incremental retirement annuity, effective January 1, 1972, of .167% of his
monthly retirement annuity amount, multiplied by the number of months from
the effective date of his annuity to January 1, 1972. This monthly
incremental annuity shall be increased on each January 1 thereafter during
the lifetime of the annuitant by 2% of the monthly retirement annuity
amount. Beginning January 1, 1984 and each January 1 thereafter, the monthly
incremental annuity shall be increased by 3% of the monthly retirement annuity
amount. The incremental annuity is payable only if the annuitant agrees to
pay the fund an amount equal to 1% of 1/12 of his annual final rate of
earnings, determined as of the date of his retirement, multiplied by the
number of full years of service. The annuitant, prior to December 1, 1971,
may authorize the fund to deduct the payment from his annuity if the total
payment can be deducted in one month. If the agreement or payment is
received by the fund prior to December 1, 1971, the incremental annuity
shall be effective January 1, 1972. If the agreement or payment is not
received before December 1, 1971, the incremental annuity shall be
effective the first day of the next month after receipt of payment by the
fund, but if received after the 15th day, the first day of the month
following the next month, and shall not be paid retroactively.
The monthly retirement annuity amount, for the purpose of this Section,
shall be the annuity amount initially awarded or, if adjusted under
paragraph (b) of Section 7‑142, the adjusted amount, disregarding any
incremental annuities previously granted.
(Source: P.A. 83‑664.)
|
(40 ILCS 5/7‑144.3) (from Ch. 108 1/2, par. 7‑144.3)
Sec. 7‑144.3.
Supplemental benefit payment.
(a) A supplemental benefit payment, consisting of a sum calculated as
provided in subsection (c), shall be payable to each eligible retirement
annuitant and surviving spouse annuitant on July 1, 1993, and on each
subsequent July 1; except that if this Code is amended to change the
uncompounded annual increase in retirement annuity granted in subsection
(c) of Section 7‑142 to a compounded annual increase, no supplemental
benefit shall be paid under this Section on any July 1 occurring on or
after the effective date of that amendment. The amount of the supplemental
benefit payment, and a person's eligibility to receive the supplemental
benefit payment, shall be redetermined for each year in which the benefit
is payable.
(b) To be eligible to receive a supplemental benefit payment, a person
must be entitled to receive a retirement annuity or surviving spouse
annuity from the Fund on the July 1 supplemental benefit payment date, and
must have been receiving that annuity during each of the 12 months
immediately preceding that date; except that a surviving spouse annuitant
whose surviving spouse annuity began less than one year before the July 1
supplemental benefit payment date shall be eligible if the deceased spouse
received a retirement annuity from the Fund during the period from the
previous July 1 until the start of the surviving spouse annuity.
(c) The amount of the supplemental benefit payment shall be determined
by the Board as follows:
(1) The total amount available for the payment of | ||
|
||
(2) The amount of the supplemental benefit payment | ||
|
||
(3) Notwithstanding paragraph (2), the amount of any | ||
|
||
(Source: P.A. 87‑850.)
|
(40 ILCS 5/7‑145) (from Ch. 108 1/2, par. 7‑145)
Sec. 7‑145.
Reversionary annuities.
(a) An employee entitled to a retirement annuity may elect to provide a
reversionary annuity for a beneficiary if, at the time such retirement
annuity begins:
1. Under the provisions of paragraph (a) 1 of | ||
|
||
2. His accumulated additional and optional credits | ||
|
||
(b) An election shall become effective only:
1. If a written notice thereof by the employee is | ||
|
||
2. If the amount of the beneficiary's reversionary | ||
|
||
(c) The amount of the reversionary annuity shall be that specified in
the notice of election.
(d) Reversionary annuity shall begin the first day of the month
following the month in which the last payment of the employee annuity is
payable because of death, provided the beneficiary is alive at such time.
If the beneficiary does not survive the annuitant, no reversionary annuity
shall be payable, but only the death benefit as provided in Sections 7‑163
and 7‑164.
(Source: P.A. 90‑448, eff. 8‑16‑97.)
|
(40 ILCS 5/7‑145.1)
Sec. 7‑145.1.
Alternative annuity for county officers.
(a) The benefits provided in this Section and Section 7‑145.2 are available
only if the county board has filed with the Board of the Fund a resolution or
ordinance expressly consenting to the availability of these benefits for its
elected county officers. The county board's consent is irrevocable with
respect to persons participating in the program, but may be revoked at any time
with respect to persons who have not paid an additional optional contribution
under this Section before the date of revocation.
An elected county officer may elect to establish alternative credits for
an alternative annuity by electing in writing to make additional optional
contributions in accordance with this Section and procedures established
by the board. These alternative credits are available only for periods of
service as an elected county officer. The elected county officer may
discontinue making the additional optional contributions by notifying the
Fund in writing in accordance with this Section and procedures established
by the board.
Additional optional contributions for the alternative annuity shall
be as follows:
(1) For service as an elected county officer after | ||
|
||
(2) For service as an elected county officer before | ||
|
||
(3) With respect to service as an elected county | ||
|
||
No additional optional contributions may be made for any period of service
for which credit has been previously forfeited by acceptance of a refund,
unless the refund is repaid in full with interest at the effective rate from
the date of refund to the date of repayment.
(b) In lieu of the retirement annuity otherwise payable under this Article,
an elected county officer who (1) has elected to participate in the Fund and
make additional optional contributions in accordance with this Section, (2)
has held and made additional optional contributions with respect to the same
elected county office for at least 8 years, and (3) has attained
age 55 with at least 8 years of service credit (or has attained age 50 with at
least 20 years of service as a sheriff's law enforcement employee) may elect
to have his retirement annuity computed as follows: 3% of the participant's
salary for each of the first 8 years
of service credit, plus 4% of that salary for each of the next 4 years of
service credit, plus 5% of that salary for each year of service credit in
excess of 12 years, subject to a maximum of 80% of that salary.
This formula applies only to service in an elected county office that the
officer held for at least 8 years, and only to service for which additional
optional contributions have been paid under this Section. If an elected county
officer qualifies to have this formula applied to service in more than one
elected county office, the qualifying service shall be accumulated for purposes
of determining the applicable accrual percentages, but the salary used for each
office shall be the separate salary calculated for that office, as defined in
subsection (g).
To the extent that the elected county officer has service credit that does
not qualify for this formula, his retirement annuity will first be determined
in accordance with this formula with respect to the service to which this
formula applies, and then in accordance with the remaining Sections of this
Article with respect to the service to which this formula does not apply.
(c) In lieu of the disability benefits otherwise payable under this
Article, an elected county officer who (1) has
elected to participate in the Fund, and (2) has become
permanently disabled and as a consequence is unable to perform the duties
of his office, and (3) was making optional contributions in accordance with
this Section at the time the disability was incurred, may elect to receive
a disability annuity calculated in accordance with the formula in subsection
(b). For the purposes of this subsection, an elected county officer shall be
considered permanently disabled only if: (i) disability occurs while in
service as an elected county officer and is of such a nature as to prevent him
from reasonably performing the duties of his office at the time; and (ii) the
board has received a written certification by at least 2 licensed physicians
appointed by it stating that the officer is disabled and that the disability
is likely to be permanent.
(d) Refunds of additional optional contributions shall be made on the
same basis and under the same conditions as provided under Section 7‑166,
7‑167 and 7‑168. Interest shall be credited at the effective rate on the
same basis and under the same conditions as for other contributions.
If an elected county officer fails to hold that same elected county
office for at least 8 years, he or she shall be entitled after leaving office
to receive a refund of the additional optional contributions made with respect
to that office, plus interest at the effective rate.
(e) The plan of optional alternative benefits and contributions shall be
available to persons who are elected county officers and active contributors
to the Fund on or after November 15, 1994. A person who was an elected county
officer and an active contributor to the Fund on November 15, 1994 but is
no longer an active contributor may apply to make additional optional
contributions under this Section at any time within 90 days after the
effective date of this amendatory Act of 1997; 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
Fund.
(f) For the purposes of this Section and Section 7‑145.2, the terms "elected
county officer" and "elected county office" include, but are not limited to:
(1) the county clerk, recorder, treasurer, coroner, assessor (if elected),
auditor, sheriff, and
State's Attorney; members of the county board; and the clerk of the circuit
court; and (2) a person who has been appointed to fill a vacancy in an
office that is normally filled by election on a countywide basis, for the
duration of his or her service in that office. The terms "elected county
officer" and "elected county office" do not include any officer or office of
a county that has not consented to the availability of benefits under this
Section and Section 7‑145.2.
(g) For the purposes of this Section and Section 7‑145.2, the term
"salary" means the final rate of earnings for the elected county office held,
calculated in a manner consistent with Section 7‑116, but for that office
only. If an elected county officer qualifies to have the formula in subsection
(b) applied to service in more than one elected county office, a separate
salary shall be calculated and applied with respect to each such office.
(h) The changes to this Section made by this amendatory Act of the 91st
General Assembly apply to persons who first make an additional optional
contribution under this Section on or after the effective date of this
amendatory Act.
(Source: P.A. 90‑32, eff. 6‑27‑97; 91‑685, eff. 1‑26‑00; 91‑887, eff. 7‑6‑00.)
|
(40 ILCS 5/7‑145.2)
Sec. 7‑145.2.
Alternative survivor's benefits for survivors of county
officers.
In lieu of the survivor's benefits otherwise payable under this
Article, the spouse or eligible child of any deceased elected county
officer who (1) had elected to participate in the
Fund, and (2) was either making additional optional contributions in
accordance with Section 7‑145.1 on the date of death, or was receiving
an annuity calculated under that Section at the time of death, may elect to
receive an annuity beginning on the date of the
elected county officer's death, provided that the spouse and officer must
have been married on the date of the last termination of his or her service
as an elected county officer and for a continuous period of at least one year
immediately preceding his or her death.
The annuity shall be payable beginning on the date of the elected
county officer's death if the spouse is then age 50 or over, or beginning
at age 50 if the age of the spouse is less than 50 years. If a minor
unmarried child or children of the county officer, under age 18, also
survive, and the child or children are under the care of the eligible
spouse, the annuity shall begin as of the date of death of the elected county
officer without regard to the spouse's age.
The annuity to a spouse shall be 66 2/3% of the amount of retirement
annuity earned by the elected county officer on the date of death, subject to a
minimum payment of 10% of salary, provided that if an eligible spouse,
regardless of age, has in his or her care at the date of death of the
elected county officer any unmarried child or children of the county
officer, under age 18, the minimum annuity shall be 30% of the elected
officer's salary, plus 10% of salary on account of each minor child
of the elected county officer, subject to a combined total payment on
account of a spouse and minor children not to exceed 50% of the deceased
officer's salary. In the event there shall be no spouse
of the elected county officer surviving, or should a
spouse remarry or die while eligible minor children still survive the
elected county officer, each such child shall be entitled to an annuity
equal to 20% of salary of the elected officer subject to a combined total
payment on account of all such children not to exceed 50% of salary of the
elected county officer. The salary to be used in the calculation of these
benefits shall be the same as that prescribed for determining a retirement
annuity as provided in Section 7‑145.1.
Upon the death of an elected county officer occurring after termination
of service or while in receipt of a retirement annuity, the combined total
payment to a spouse and minor children, or to minor children alone if no
eligible spouse survives, shall be limited to 75% of the amount of
retirement annuity earned by the county officer.
Adopted children shall have status as children of the elected county
officer only if the proceedings for adoption were commenced at least one
year prior to the date of the elected county officer's death.
Marriage of a child or attainment of age 18, whichever first occurs,
shall render the child ineligible for further consideration in the payment
of an annuity to a spouse or in the increase in the amount thereof. Upon
attainment of ineligibility of the youngest minor child of the elected
county officer, the annuity shall immediately revert to the amount payable
upon death of an elected county officer leaving no minor children surviving
him or her. If the spouse is under age 50 at such time, the annuity as
revised shall be deferred until such age is attained. Remarriage of a
widow or widower prior to attainment of age 55 shall disqualify the spouse
from the receipt of an annuity.
(Source: P.A. 90‑32, eff. 6‑27‑97.)
|
(40 ILCS 5/7‑146) (from Ch. 108 1/2, par. 7‑146)
Sec. 7‑146.
Temporary disability benefits ‑ Eligibility.
Temporary
disability benefits shall be payable to participating employees as
hereinafter provided.
(a) The participating employee shall be considered temporarily
disabled if:
1. He is unable to perform the duties of any | ||
|
||
2. The Board has received written certifications | ||
|
||
(b) A temporary disability benefit shall be payable to a temporarily
disabled employee provided:
1. He:
(i) has at least one year of service immediately | ||
|
||
(ii) had qualified under clause (i) above, but | ||
|
||
(iii) had qualified under clause (i) above, but | ||
|
||
Item (iii) of this subdivision shall apply to all | ||
|
||
Periods of qualified leave granted in compliance | ||
|
||
2. He has been temporarily disabled for at least 30 | ||
|
||
3. He is receiving no earnings from a participating | ||
|
||
4. He has not refused to submit to a reasonable | ||
|
||
5. His disability is not the result of a mental or | ||
|
||
6. He is not separated from the service of the | ||
|
||
(Source: P.A. 92‑424, eff. 8‑17‑01.)
|
(40 ILCS 5/7‑147) (from Ch. 108 1/2, par. 7‑147)
Sec. 7‑147.
Temporary disability benefits ‑ Commencement and duration.
Temporary disability
benefits shall be payable:
(a) Upon receipt by the fund of a written application therefor. The
effective date may be not more than 6 months prior to the receipt by the
fund of the application. However, if an employee executes an application
and delay in filing is caused by negligence or fault of any officer or
employee of the applicant's municipality or participating instrumentality,
the effective date may be the later of 30 days prior to the date the
application is executed or one year prior to the date received by the fund.
(b) Once a month as of the end of each calendar month;
(c) For less than a month in a fraction equal to that created by making
the number of days of disability in the month the numerator and the number
of the days in the month the denominator;
(d) To the beneficiary of a deceased participating employee for the
unpaid amount accrued to the date of death;
(e) For a period ending on the last day of the month when the total
period during which temporary disability benefits are paid equals 1/2 of
the total period of service (excluding periods of disability) of the
employee as of the date of his disability or 30 months, whichever is the
lesser; provided that when a participating employee becomes disabled within
5 years of a previous period or periods of temporary or total and permanent
disability, temporary disability benefits shall be payable for a period not
to exceed the lesser of 30 months or a period computed as follows:
1. the lesser of 30 months or 1/2 of the total service preceding the
first period of disability within such 5‑year period;
2. less the total amount of all periods of disability within said 5‑year
period;
3. plus 1/2 of the total amount of service (excluding periods of
disability) subsequent to the first period of disability within such 5‑year
period;
(f) while the temporary disability continues.
(Source: P.A. 86‑272.)
|
(40 ILCS 5/7‑149) (from Ch. 108 1/2, par. 7‑149)
Sec. 7‑149.
Temporary disability benefits‑Periodic checks.
The Board shall conduct periodic checks to determine if any
participating employee is disabled. Such checks may consist of periodic
examinations by a physician or physicians appointed by the Board, requiring
the employee to submit evidence of continuing disability and such other
investigations as the Board may deem appropriate. The following shall
constitute prima‑facie evidence of termination of temporary disability:
(a) A written report by a physician appointed by the Board stating that
the temporary disability has ceased;
(b) The earning of compensation by the employee from any source for
personal services, in excess of 25% of the monthly rate of earnings upon
which his disability benefits are based.
(Source: Laws 1965, p. 1086.)
|
(40 ILCS 5/7‑150) (from Ch. 108 1/2, par. 7‑150)
Sec. 7‑150.
Total and permanent disability benefits ‑ Eligibility.
Total and permanent disability benefits shall be payable to
participating employees as hereinafter provided, including those
employees receiving disability benefit on July 1, 1962.
(a) A participating employee shall be considered totally and
permanently disabled if:
1. He is unable to engage in any gainful activity | ||
|
||
2. The Board has received a written certification by | ||
|
||
(b) A totally and permanently disabled employee is entitled to a
permanent disability benefit provided:
1. He has exhausted his temporary disability | ||
|
||
2. He:
(i) has at least one year of service immediately | ||
|
||
(ii) had qualified under clause (i) above, but | ||
|
||
(iii) had qualified under clause (i) above, but | ||
|
||
Item (iii) of this subdivision shall apply to all | ||
|
||
Periods of qualified leave granted in compliance | ||
|
||
3. He is receiving no earnings from a participating | ||
|
||
4. He has not refused to submit to a reasonable | ||
|
||
5. His disability is not the result of a mental or | ||
|
||
6. He is not separated from the service of his | ||
|
||
7. He has not refused to apply for a disability | ||
|
||
(c) A participating employee shall remain eligible and may make
application for a total and permanent disability benefit within 90 days
after the termination of his temporary disability benefits or within
such longer period terminating at the end of the period during which his
employing municipality is prevented from employing him by reason of any
statutory prohibition.
(Source: P.A. 90‑766, eff. 8‑14‑98.)
|
(40 ILCS 5/7‑151) (from Ch. 108 1/2, par. 7‑151)
Sec. 7‑151.
Total and permanent disability benefits ‑ Commencement and
duration. Permanent disability benefits shall be payable:
(a) As of the date temporary disability benefits are exhausted;
(b) Once a month as of the end of each month;
(c) For less than a month in a fraction equal to that created by making
the number of days of disability in the month the numerator and the number
of the days in the month the denominator;
(d) To the beneficiary of a deceased employee for the unpaid amount
accrued to the date of death;
(e) While total and permanent disability
continues;
(f) For the period ending on the last day of the month which is the
later of the following:
1. the month that the participating employee attains | ||
|
||
2. the month which is 5 years after the month the | ||
|
||
(Source: P.A. 92‑424, eff. 8‑17‑01.)
|
(40 ILCS 5/7‑152) (from Ch. 108 1/2, par. 7‑152)
Sec. 7‑152.
Disability benefits ‑ Amount.
The amount of the monthly
temporary and total and permanent disability benefits shall be 50% of the
participating employee's final rate of earnings on the date disability was
incurred, subject to the following adjustments:
(a) If the participating employee has a reduced rate of earnings at the
time his employment ceases because of disability, the rate of earnings shall
be computed on the basis of his last 12 month period of full‑time employment.
(b) If the participating employee is eligible for a disability benefit
under the federal Social Security Act, the amount of monthly disability
benefits shall be reduced, but not to less than $10 a month, by the amount
he would be eligible to receive as a disability benefit under the federal
Social Security Act, whether or not because of service as a covered employee
under this Article. The reduction shall be effective as of the month the
employee is eligible for Social Security disability benefits. The Board
may make such reduction if it appears that the employee may be so eligible
pending determination of eligibility and make an appropriate adjustment
if necessary after such determination. If the employee, because of his
refusal to accept rehabilitation services under the federal Rehabilitation
Act of 1973 or the federal Social Security Act, or because he is receiving
workers' compensation benefits, has his Social Security benefits reduced or
terminated, the disability benefit shall be reduced as if the employee were
receiving his full Social Security disability benefit.
(c) If the employee (i) is over the age for a full Social Security
old‑age insurance benefit, (ii) was not eligible for a Social
Security disability benefit immediately before reaching that age, and (iii) is eligible for a full Social Security old‑age insurance
benefit, then the amount of the monthly disability benefit shall be
reduced, but not to less than $10 a month, by the amount of the old‑age
insurance benefit to which the employee is entitled, whether or not the
employee applies for the Social Security old‑age insurance benefit. This
reduction shall be made in the month after the month in which the employee
attains the age for a full Social Security old‑age insurance benefit. However, if the employee was receiving a Social Security disability
benefit before reaching the age for a full Social Security old‑age insurance
benefit, the disability benefits after that age
shall be determined under subsection (b) of this Section.
(d) The amount of disability benefits shall not be reduced by reason of
any increase, other than one resulting from a correction in the employee's
wage records, in the amount of disability or old‑age insurance benefits
under the federal Social Security Act which takes effect after the month
of the initial reduction under paragraph (b) or (c) of this Section.
(e) If the employee in any month receives compensation from gainful
employment which is more than 25% of the final rate of earnings on which
his disability benefits are based, the temporary disability benefit payable
for that month shall be reduced by an amount equal to such excess.
(f) An employee who has been disabled for at least 30 days may return to
work for the employer on a part‑time basis for a trial work period of up to
one year, during which the disability shall be deemed to continue. Service
credit shall continue to accrue and the disability benefit shall continue
to be paid during the trial work period, but the benefit shall be reduced
by the amount of earnings received by the disabled employee. Return to
service on a full‑time basis shall terminate the trial work period. The
reduction under this subsection (f) shall be in lieu of the reduction, if
any, required under subsection (e).
(g) Beginning January 1, 1988, every total and permanent disability benefit
shall be increased by 3% of the original amount of the benefit, not
compounded, on each January 1 following the later of (1) the date the total
and permanent disability benefit begins, or (2) the date the total and
permanent disability benefit would have begun if the employee had been paid
a temporary disability benefit for 30 months.
(Source: P.A. 92‑424, eff. 8‑17‑01.)
|
(40 ILCS 5/7‑153) (from Ch. 108 1/2, par. 7‑153)
Sec. 7‑153.
Total and permanent disability benefits; periodic checks.
The board shall conduct periodic checks to determine if participating
employees who are drawing a total permanent disability benefit remain
totally and permanently disabled. Such checks may consist of periodic
examination by a physician or physicians appointed by the board,
requiring the employee to submit evidence of continuing disability or
absence of gainful employment and such other investigations as the board
may deem appropriate. A written report by a physician appointed by the
board stating that the employee is no longer totally and permanently
disabled shall constitute prima‑facie evidence of termination of total
and permanent disability, except as provided in subsection (f) of
Section 7‑152.
(Source: P.A. 87‑740.)
|
(40 ILCS 5/7‑154) (from Ch. 108 1/2, par. 7‑154)
Sec. 7‑154.
Surviving spouse annuities ‑ Eligibility.
(a) A surviving spouse annuity shall be payable to the eligible
surviving spouse of a participating employee, an employee annuitant, or a
person who on the date of death would have been entitled to a retirement
annuity, had he applied for such annuity, and who dies at any time when a
surviving spouse annuity equals at least $5 per month, provided:
(1) The surviving spouse (i) was married to the | ||
|
||
(2) The male deceased employee annuitant or such | ||
|
||
(3) The female deceased employee annuitant or such | ||
|
||
(4) If the employee dies before termination of | ||
|
||
(b) If a person is the spouse of a retiring participating
employee on the date of the initial payment of a retirement annuity and is
qualified to receive a surviving spouse annuity upon the death of the
employee and the surviving spouse contributions are not refunded to the
employee, then a surviving spouse annuity shall be payable to that person
even if the marriage to the employee is dissolved after that date.
(c) Eligibility of a surviving spouse shall be determined as of the
date of death. Only one surviving spouse annuity shall be paid on
account of the death of any employee.
(Source: P.A. 87‑740; 87‑850.)
|
(40 ILCS 5/7‑155) (from Ch. 108 1/2, par. 7‑155)
Sec. 7‑155.
Surviving spouse annuities‑commencement.
A surviving spouse annuity shall begin on the 1st day of the month
next following the month in which the participating employee, or the
employee annuitant or such person entitled to a retirement annuity died,
upon a written application therefor, provided:
1. Such date is not more than one year prior to the date the
application was received by the Board; and
2. The amount of surviving spouse annuity before the application of
paragraph 3 of Section 7‑158, is at least $5 per month, beginning on
such date.
(Source: P.A. 80‑653.)
|
(40 ILCS 5/7‑157) (from Ch. 108 1/2, par. 7‑157)
Sec. 7‑157.
Surviving spouse annuities ‑ marriage to terminate.
If a
surviving spouse annuitant marries before reaching age 55, the
annuity shall be terminated as of the end of the calendar month following the
month in which the marriage occurs, unless the marriage occurs after
December 31, 2000.
(Source: P.A. 91‑887, eff. 7‑6‑00.)
|
(40 ILCS 5/7‑158) (from Ch. 108 1/2, par. 7‑158)
Sec. 7‑158.
Surviving spouse annuities ‑ Options.
In lieu of the surviving
spouse annuity an eligible surviving spouse
shall have the option of receiving other benefits as follows:
1. The surviving spouse of a participating employee may elect to
receive either a single sum death benefit or a surviving spouse annuity
and the $3,000 death benefit provided in Sections 7‑163 and 7‑164.
2. The surviving spouse of an employee, who has separated from
service and would have been entitled to a retirement annuity on date of
death, may elect to receive either a single sum death benefit or a
surviving spouse annuity and the $3,000 death benefit provided in
Sections 7‑163 and 7‑164.
3. If any surviving spouse annuity is payable prior to the earliest age at
which the recipient will become eligible for a widows' or widowers' insurance
benefit under the Federal Social Security Act, the recipient may elect
that the annuity payments from this fund shall exceed those payable after
attaining such age by an amount not in excess of the estimated Social
Security Benefit, determined as of the effective date of the surviving
spouse annuity, provided that in no case shall the total annuity
payments made by this fund exceed in actuarial value the annuity which
would have been paid had no such election been made.
4. The surviving spouse of a participating employee, whose annuity
was suspended upon return to employment and who had one year or more of
service after his return, may apply the additional service credits to a
supplemental surviving spouse annuity and receive the $3,000 death
benefit or apply the additional service credits to a single sum death
benefit and forego the $3,000 death benefit payable upon the death of an
annuitant.
5. The surviving spouse of a participating employee, whose annuity
was suspended upon return to employment and who had less than one year
of service after his return, shall have the additional service credits
applied towards a supplemental surviving spouse annuity and shall
receive the $3,000 death benefit.
(Source: P.A. 85‑941.)
|
(40 ILCS 5/7‑159) (from Ch. 108 1/2, par. 7‑159)
Sec. 7‑159.
Surviving spouse annuity ‑ refund of survivor credits.
(a) Any employee annuitant who (1) upon the date a retirement annuity
begins is not then married, or (2) is married to a person who would not qualify
for surviving spouse annuity if the person died on such date, is entitled to a
refund of the survivor credits including interest accumulated on the date the
annuity begins, excluding survivor credits and interest thereon credited during
periods of disability, and no spouse shall have a right to any surviving spouse
annuity from this Fund. If the employee annuitant
reenters service and upon subsequent retirement has a spouse who would
qualify for a surviving spouse annuity, the employee annuitant may pay the
fund the amount of the refund plus interest at the effective rate at the
date of payment. The payment shall qualify the spouse for a surviving
spouse annuity and the amount paid shall be considered as survivor
contributions.
(b) Instead of a refund under subsection (a), the retiring employee may
elect to convert the amount of the refund into an annuity, payable
separately from the retirement annuity. If the annuitant dies before the
guaranteed amount has been distributed, the remainder shall be paid in a lump
sum to the designated beneficiary of the annuitant. The Board shall adopt any
rules necessary for the implementation of this subsection.
(Source: P.A. 90‑766, eff. 8‑14‑98.)
|
(40 ILCS 5/7‑160) (from Ch. 108 1/2, par. 7‑160)
Sec. 7‑160.
Child annuities‑eligibility.
Child annuities shall be payable to each child of an employee annuitant
who dies with no surviving spouse and whose spouse would have been eligible
to receive a surviving spouse annuity, and each child of a deceased
employee whose surviving spouse dies and whose spouse, immediately prior to
death, was receiving or would have been eligible to receive, a surviving
spouse annuity, or who left no surviving spouse, is eligible to receive a
child annuity, provided:
a. The child is less than age 18 and unmarried;
b. The child is the natural born or legally adopted child of the
employee and was born prior to the date of the employee's latest
resignation or discharge from the service of the participating
municipality;
c. If the child is legally adopted, the legal proceedings therefor were
commenced at least 1 year before the death of the participating employee or
employee annuitant.
(Source: P. A. 78‑255.)
|
(40 ILCS 5/7‑161) (from Ch. 108 1/2, par. 7‑161)
Sec. 7‑161.
Child annuities‑commencement.
A child annuity shall begin upon proper application therefor, on the
first day of the month following the month in which the survivor of his
parents has died, and shall continue until death, or until the first day of
the month coincidental with or next preceding the day the child attains age
18 or marries, whichever first occurs.
(Source: P. A. 77‑2121.)
|
(40 ILCS 5/7‑162) (from Ch. 108 1/2, par. 7‑162)
Sec. 7‑162.
Child annuities‑amount.
The amount of child annuities shall be:
1. The aggregate of all child annuities in an amount equal to the
surviving spouse annuity which the spouse of the employee was receiving, or
eligible to receive, immediately prior to death, or which the spouse of the
annuitant would have received if surviving;
2. The child annuity payable at any time to each eligible child shall be
an amount determined by dividing the aggregate amount of all child
annuities by the number of children then eligible to receive child
annuities.
(Source: P. A. 77‑2121.)
|
(40 ILCS 5/7‑163) (from Ch. 108 1/2, par. 7‑163)
Sec. 7‑163.
Death benefits‑eligibility.
Death benefits shall be payable as hereinafter set forth:
1. To the beneficiary defined in Section 7‑118;
2. A death benefit shall be paid to the beneficiary as soon as
practicable after receipt by the board of:
a. A certified copy of the death certificate of the employee or
annuitant;
b. A written application of the beneficiary for such benefit.
(Source: P. A. 78‑255.)
|
(40 ILCS 5/7‑164) (from Ch. 108 1/2, par. 7‑164)
Sec. 7‑164.
Death benefits ‑ Amount.
The amount of the death benefit
shall be:
1. Upon the death of an employee with at least one year of service
occurring while in an employment relationship (including employees
drawing disability benefits) with a participating municipality or
participating instrumentality, an amount equal to the sum of:
(a) The employee's normal, additional and survivor | ||
|
||
(b) An amount equal to the employee's annual final | ||
|
||
2. Upon the death of an employee with less than 1 year of service
occurring while in the service of any participating municipality or
instrumentality, an amount equal to the sum of his accumulated normal,
additional and survivor credits on the date of death, excluding those
credits and interest thereon allowed during periods of disability.
3. Upon the death of an employee who has separated from service and
was not entitled to a retirement annuity on the date of death, an amount
equal to the sum of his accumulated normal, survivor and additional
credits on the date of death excluding those credits and interest
thereon allowed during periods of disability.
4. Upon the death of an employee in an employment relationship, or
an employee who has service and was entitled to a retirement annuity on
the date of death, when a surviving spouse or child annuity is awarded,
$3,000.
5. Upon the death of an employee, who has separated from service and
was entitled to a retirement annuity on the date of death, and no
surviving spouse or child annuity is awarded, $3,000 plus an amount
equal to his accumulated normal, survivor and additional credits on the
date of death, excluding those credits and interest earned thereon
allowed during periods of disability.
6. Upon the death of an employee annuitant, $3,000 and, unless a
surviving spouse, child or reversionary annuity is payable, the sum of
(i) the excess of the normal and survivor credits, excluding those
allowed during periods of disability, which the annuitant had as of the
effective date of his annuity over the total annuities paid pursuant to
paragraph (a) 1 of Section 7‑142 to the date of death, plus (ii) the
excess of the additional credits, excluding any such credits used to
create a reversionary annuity, used to provide the annuity granted
pursuant to paragraph (a) 2 of Section 7‑142 over the total annuity
payments made pursuant thereto to the time of death.
7. Upon the death of an annuitant receiving a reversionary annuity
or of a person designated to receive a reversionary annuity prior to the
receipt of such annuity the sum of the additional credits of the person
creating the reversionary annuity as of the effective date of his own
retirement annuity over the reversionary annuity payments, if any, made
prior to the date of death of such annuitant or person designated to
receive the reversionary annuity.
8. Upon the death of an annuitant receiving a beneficiary annuity
which was effective before January 1, 1986,
the excess of the death benefit which was used to provide the annuity,
over the sum of all annuity payments made to the beneficiary.
Upon the death of an annuitant receiving a beneficiary annuity effective
January 1, 1986 or thereafter, the sum of (i) the excess of the normal and
survivor credits, excluding those allowed during periods of disability,
which the annuitant had as of the effective date of his annuity over the
total annuities paid pursuant to paragraph (c) of Section 7‑165, to date of
death, plus (ii) the excess of the additional credits, excluding any such
credits used to create a reversionary annuity, used to provide the annuity
granted pursuant to paragraph (d) of Section 7‑165 over the total annuity
payments made pursuant thereto to the time of death.
9. Upon the marriage prior to reaching age 55 (except for a surviving
spouse who remarries after December 31, 2000) or death of a person receiving
a surviving spouse annuity, unless a child annuity is payable, the sum of (i)
the excess of the normal and survivor credits, excluding those credits and
interest thereon allowed during periods of disability, attributable to
the employee at the effective date of the annuity or date of death,
whichever first occurred, over the total of all annuity payments
attributable to paragraph (a) 1 of Section 7‑142 made to the employee or
surviving spouse plus (ii) the excess of the additional credits,
excluding any such credits used to create a reversionary annuity or used
to provide the annuity attributable to paragraph (a) 2 of Section 7‑142
over the total of such payments.
10. Upon the marriage, death or attainment of age 18 of a child
receiving a child annuity, if no other child annuities are payable, the
sum of (i) the excess of the normal and survivor credits excluding those
credits and interest thereon allowed during periods of disability, of
the employee at the effective date of the annuity or date of death,
whichever first occurred, over the total annuity payments attributable
to paragraph (a) 1 of Section 7‑142 made to the employee, surviving
spouse and children plus (ii) the excess of the additional credits,
excluding any such credits used to create a reversionary annuity, used
to provide the annuity attributable to paragraph (a) 2 of Section 7‑142
over the total annuity payments made to the employee, surviving spouse
and children, pursuant thereto.
11. Upon the death of the participating employee whose annuity was
suspended upon his return to employment:
a. If a surviving spouse or child annuity is | ||
|
||
b. If no surviving spouse or child annuity is | ||
|
||
c. If no surviving spouse or child annuity is | ||
|
||
12. The $3,000 death benefit provided in paragraphs 4 and 6 shall
not be payable to beneficiaries of persons who terminated service prior
to September 8, 1971, unless the payment or agreement for payment
provided by Section 7‑144.2 of this Article is made prior to the date of
death.
13. The increase in certain death benefits from $1,000 to $3,000
provided by this amendatory Act of 1987 shall apply only to deaths
occurring on or after January 1, 1988.
(Source: P.A. 91‑887, eff. 7‑6‑00.)
|
(40 ILCS 5/7‑165) (from Ch. 108 1/2, par. 7‑165)
Sec. 7‑165.
Beneficiary annuities.
(a) The beneficiary entitled to a death benefit under paragraph 1, 2 or 3
of Section 7‑164 may elect to receive the benefit in the form of an annuity
for life, if the death benefit will provide an immediate annuity of at
least $10 per month.
(b) When a death benefit is payable in the form of an annuity, the
annuity shall begin on the first day of the month following the month of
death of the employee or annuitant;
(c) The amount of beneficiary annuity shall be that which can be
provided from the death benefit under actuarial tables adopted by the
Board.
(d) If a deceased participating employee has additional credits, the
beneficiary may elect to receive an annuity for life in an amount which can
be provided therefrom under actuarial tables adopted by the Board, provided
the annuity would be at least $10 per month.
(Source: P.A. 85‑941.)
|
(40 ILCS 5/7‑166) (from Ch. 108 1/2, par. 7‑166)
Sec. 7‑166.
Separation benefits ‑ Eligibility.
Separation benefits
shall be payable as hereinafter set forth:
1. Upon separation from the service of all | ||
|
||
2. Upon separation from the service of all | ||
|
||
3. Upon separation from the service of all | ||
|
||
(Source: P.A. 91‑887, eff. 7‑6‑00; 92‑424, eff. 8‑17‑01.)
|
(40 ILCS 5/7‑167) (from Ch. 108 1/2, par. 7‑167)
Sec. 7‑167.
Separation benefits ‑ Payment.
Separation benefits shall be paid
in the form of a single cash sum as soon as practicable after receipt by the
board of:
1. a written application by the employee for such | ||
|
||
2. written notice from the last employing | ||
|
||
(Source: P.A. 91‑887, eff. 7‑6‑00.)
|
(40 ILCS 5/7‑168) (from Ch. 108 1/2, par. 7‑168)
Sec. 7‑168.
Separation benefits ‑ Amount.
The amount of the separation benefits shall be the sum of the employee's
accumulated normal, survivor and additional contributions.
(Source: P.A. 87‑740.)
|
(40 ILCS 5/7‑169.1) (from Ch. 108 1/2, par. 7‑169.1)
Sec. 7‑169.1.
Repayment of refund obtained from superseded funds.
An employee who received a refund of deductions from the Illinois
Municipal Public Utility Employees' Annuity and Benefit Fund,
and subsequently becomes a participating employee under this Article and
renders two years of contributing service, may pay to the Fund the amount
of the refund, including any interest received, plus interest at the
effective rate for each year from the date of payment of the refund to
the date of repayment. Upon payment, his
service under the Illinois Municipal Public Utility Employees' Annuity
and Benefit Fund shall be established as creditable service under this
Article and the payment shall be credited as normal contributions to his
account.
(Source: P.A. 84‑1028.)
|
(40 ILCS 5/7‑170) (from Ch. 108 1/2, par. 7‑170)
Sec. 7‑170.
Federal Social Security coverage.
(a) It is declared to be the policy and purpose to extend to covered
employees as defined in Section 7‑138, the benefits of the Federal Old
Age and Survivors Insurance System as authorized by the Federal Social
Security Act and amendments thereto. To effect this, the board shall
take such action as may be required by applicable State and Federal laws
or regulations.
(b) The board shall execute an agreement with the State Agency to
secure coverage of covered employees as provided in paragraph (a) of
this section.
(c) Each participating municipality and each participating instrumentality
shall remit payment of contributions for Social Security purposes on behalf
of covered employees and covered municipalities and participating
instrumentalities
as required by the board and the State Agency established by the Social
Security Enabling Act.
(d) Contributions of covered employees to this fund for Federal
Social Security purposes shall be paid to the State Agency in such
amounts and at such time as are designated by State laws or regulations.
(e) Contributions in behalf of covered municipalities and
participating instrumentalities for Federal Social Security purposes and
the required pro rata share of administrative expenses shall be paid to
the State Agency from this fund in accordance with applicable State laws
and regulations.
(f) The board shall maintain such records and submit such reports as may
be required by applicable State and Federal laws or regulations.
(Source: P.A. 81‑793.)
|
(40 ILCS 5/7‑171) (from Ch. 108 1/2, par. 7‑171)
Sec. 7‑171.
Finance; taxes.
(a) Each municipality other than a school district shall
appropriate an amount sufficient to provide for the current
municipality contributions required by Section 7‑172 of
this Article, for the fiscal year for which the appropriation is made
and all amounts due for municipal contributions for previous years.
Those municipalities which have been assessed an annual amount to
amortize its unfunded obligation, as provided in subparagraph 5 of
paragraph (a) of Section 7‑172 of this Article, shall include in the
appropriation an amount sufficient to pay the amount assessed. The
appropriation shall be based upon an estimate of assets available for
municipality contributions and liabilities therefor for the fiscal year
for which appropriations are to be made, including funds available from
levies for this purpose in prior years.
(b) For the purpose of providing monies for municipality
contributions, beginning for the year in which a municipality is
included in this fund:
(1) A municipality other than a school district may | ||
|
||
(2) A school district may levy a tax in an amount | ||
|
||
(c) Any county which is served by a regional office of education that
serves 2 or more
counties may include in its
appropriation an amount sufficient to provide its proportionate share of the
municipality contributions for that regional office of education. The tax levy authorized by this Section may include an amount
necessary to provide monies for this contribution.
(d) Any county that is a part of a multiple‑county health department
or consolidated health department which is formed under "An Act in
relation to the establishment and maintenance of county and
multiple‑county public health departments", approved July 9, 1943, as
amended, and which is a participating instrumentality may include in the
county's appropriation an amount sufficient to provide its proportionate
share of municipality contributions of the department. The tax levy
authorized by this Section may include the amount necessary to provide
monies for this contribution.
(d‑5) A school district participating in a special education joint
agreement created under Section 10‑22.31 of the School Code that is a
participating instrumentality may include in the school district's
tax levy under this Section an amount sufficient to provide its
proportionate share of the municipality contributions for current and prior
service by employees of the participating instrumentality created under the
joint agreement.
(e) Such tax shall be levied and collected in like manner, with the
general taxes of the municipality and shall be in addition to all other
taxes which the municipality is now or may hereafter be authorized to
levy upon all taxable property therein, and shall be exclusive of and in
addition to the amount of tax levied for general purposes under Section
8‑3‑1 of the "Illinois Municipal Code", approved May 29, 1961, as
amended, or under any other law or laws which may limit the amount of
tax which the municipality may levy for general purposes. The tax may
be levied by the governing body of the municipality without being
authorized as being additional to all other taxes by a vote of the
people of the municipality.
(f) The county clerk of the county in which any such municipality is
located, in reducing tax levies shall not consider any such tax as a
part of the general tax levy for municipality purposes, and shall not
include the same in the limitation of any other tax rate which may be
extended.
(g) The amount of the tax to be levied in any year shall, within the
limits herein prescribed, be determined by the governing body of the
respective municipality.
(h) The revenue derived from any such tax levy shall be used only
for the purposes specified in this Article and, as collected, shall be
paid to the treasurer of the municipality levying the tax. Monies
received by a county treasurer for use in making contributions to a regional
office of education for its
municipality contributions shall be held by him for that purpose and paid to
the regional office of education in the same manner as other
monies appropriated for the expense of the regional office.
(Source: P.A. 89‑329, eff. 8‑17‑95; 90‑448, eff. 8‑16‑97; 90‑511, eff.
8‑22‑97; 90‑655, eff. 7‑30‑98.)
|
|
||
2. an amount equal to the employee contributions | ||
|
||
3. all accounts receivable, together with interest | ||
|
||
4. if it has no participating employees with current | ||
|
||
(b) A separate municipality contribution rate shall be determined
for each calendar year for all participating municipalities together
with all instrumentalities thereof. The municipality contribution rate
shall be determined for participating instrumentalities as if they were
participating municipalities. The municipality contribution rate shall
be the sum of the following percentages:
1. The percentage of earnings of all the | ||
|
||
2. The percentage of earnings of the participating | ||
|
||
3. The percentage of earnings of the participating | ||
|
||
4. The percentage of earnings of the participating | ||
|
||
5. The percentage of earnings necessary to meet any | ||
|
||
(c) A separate municipality contribution rate shall be computed for
each participating municipality or participating instrumentality
for its sheriff's law enforcement employees.
A separate municipality contribution rate shall be computed for the
sheriff's law enforcement employees of each forest preserve district that
elects to have such employees. For the period from January 1, 1986 to
December 31, 1986, such rate shall be the forest preserve district's regular
rate plus 2%.
In the event that the Board determines that there is an actuarial
deficiency in the account of any municipality with respect to a person who
has elected to participate in the Fund under Section 3‑109.1 of this Code,
the Board may adjust the municipality's contribution rate so as to make up
that deficiency over such reasonable period of time as the Board may determine.
(d) The Board may establish a separate municipality contribution
rate for all employees who are program participants employed under the
federal Comprehensive Employment Training Act by all of the
participating municipalities and instrumentalities. The Board may also
provide that, in lieu of a separate municipality rate for these
employees, a portion of the municipality contributions for such program
participants shall be refunded or an extra charge assessed so that the
amount of municipality contributions retained or received by the fund
for all CETA program participants shall be an amount equal to that which
would be provided by the separate municipality contribution rate for all
such program participants. Refunds shall be made to prime sponsors of
programs upon submission of a claim therefor and extra charges shall be
assessed to participating municipalities and instrumentalities. In
establishing the municipality contribution rate as provided in paragraph
(b) of this Section, the use of a separate municipality contribution
rate for program participants or the refund of a portion of the
municipality contributions, as the case may be, may be considered.
(e) Computations of municipality contribution rates for the
following calendar year shall be made prior to the beginning of each
year, from the information available at the time the computations are
made, and on the assumption that the employees in each participating
municipality or participating instrumentality at such time will continue
in service until the end of such calendar year at their respective rates
of earnings at such time.
(f) Any municipality which is the recipient of State allocations
representing that municipality's contributions for retirement annuity
purposes on behalf of its employees as provided in Section 12‑21.16 of
the Illinois Public Aid Code shall pay the allocations so
received to the Board for such purpose. Estimates of State allocations to
be received during any taxable year shall be considered in the
determination of the municipality's tax rate for that year under Section
7‑171. If a special tax is levied under Section 7‑171, none of the
proceeds may be used to reimburse the municipality for the amount of State
allocations received and paid to the Board. Any multiple‑county or
consolidated health department which receives contributions from a county
under Section 11.2 of "An Act in relation to establishment and maintenance
of county and multiple‑county health departments", approved July 9, 1943,
as amended, or distributions under Section 3 of the Department of Public
Health Act, shall use these only for municipality contributions by the
health department.
(g) Municipality contributions for the several purposes specified
shall, for township treasurers and employees in the offices of the
township treasurers who meet the qualifying conditions for coverage
hereunder, be allocated among the several school districts and parts of
school districts serviced by such treasurers and employees in the
proportion which the amount of school funds of each district or part of
a district handled by the treasurer bears to the total amount of all
school funds handled by the treasurer.
From the funds subject to allocation among districts and parts of
districts pursuant to the School Code, the trustees shall withhold the
proportionate share of the liability for municipality contributions imposed
upon such districts by this Section, in respect to such township treasurers
and employees and remit the same to the Board.
The municipality contribution rate for an educational service center shall
initially be the same rate for each year as the regional office of
education or school district
which serves as its administrative agent. When actuarial data become
available, a separate rate shall be established as provided in subparagraph
(i) of this Section.
The municipality contribution rate for a public agency, other than a
vocational education cooperative, formed under the Intergovernmental
Cooperation Act shall initially be the average rate for the municipalities
which are parties to the intergovernmental agreement. When actuarial data
become available, a separate rate shall be established as provided in
subparagraph (i) of this Section.
(h) Each participating municipality and participating
instrumentality shall make the contributions in the amounts provided in
this Section in the manner prescribed from time to time by the Board and
all such contributions shall be obligations of the respective
participating municipalities and participating instrumentalities to this
fund. The failure to deduct any employee contributions shall not
relieve the participating municipality or participating instrumentality
of its obligation to this fund. Delinquent payments of contributions
due under this Section may, with interest, be recovered by civil action
against the participating municipalities or participating
instrumentalities. Municipality contributions, other than the amount
necessary for employee contributions and Social Security contributions, for
periods of service by employees from whose earnings no deductions were made
for employee contributions to the fund, may be charged to the municipality
reserve for the municipality or participating instrumentality.
(i) Contributions by participating instrumentalities shall be
determined as provided herein except that the percentage derived under
subparagraph 2 of paragraph (b) of this Section, and the amount payable
under subparagraph 5 of paragraph (a) of this Section, shall be based on
an amortization period of 10 years.
(Source: P.A. 92‑424, eff. 8‑17‑01.)
(Text of Section after amendment by P.A. 94‑712)
Sec. 7‑172. Contributions by participating municipalities and
participating instrumentalities.
(a) Each participating municipality and each participating
instrumentality shall make payment to the fund as follows:
1. municipality contributions in an amount | ||
|
||
2. an amount equal to the employee contributions | ||
|
||
3. all accounts receivable, together with interest | ||
|
||
4. if it has no participating employees with current | ||
|
||
(b) A separate municipality contribution rate shall be determined
for each calendar year for all participating municipalities together
with all instrumentalities thereof. The municipality contribution rate
shall be determined for participating instrumentalities as if they were
participating municipalities. The municipality contribution rate shall
be the sum of the following percentages:
1. The percentage of earnings of all the | ||
|
||
2. The percentage of earnings of the participating | ||
|
||
3. The percentage of earnings of the participating | ||
|
||
4. The percentage of earnings of the participating | ||
|
||
5. The percentage of earnings necessary to meet any | ||
|
||
(c) A separate municipality contribution rate shall be computed for
each participating municipality or participating instrumentality
for its sheriff's law enforcement employees.
A separate municipality contribution rate shall be computed for the
sheriff's law enforcement employees of each forest preserve district that
elects to have such employees. For the period from January 1, 1986 to
December 31, 1986, such rate shall be the forest preserve district's regular
rate plus 2%.
In the event that the Board determines that there is an actuarial
deficiency in the account of any municipality with respect to a person who
has elected to participate in the Fund under Section 3‑109.1 of this Code,
the Board may adjust the municipality's contribution rate so as to make up
that deficiency over such reasonable period of time as the Board may determine.
(d) The Board may establish a separate municipality contribution
rate for all employees who are program participants employed under the
federal Comprehensive Employment Training Act by all of the
participating municipalities and instrumentalities. The Board may also
provide that, in lieu of a separate municipality rate for these
employees, a portion of the municipality contributions for such program
participants shall be refunded or an extra charge assessed so that the
amount of municipality contributions retained or received by the fund
for all CETA program participants shall be an amount equal to that which
would be provided by the separate municipality contribution rate for all
such program participants. Refunds shall be made to prime sponsors of
programs upon submission of a claim therefor and extra charges shall be
assessed to participating municipalities and instrumentalities. In
establishing the municipality contribution rate as provided in paragraph
(b) of this Section, the use of a separate municipality contribution
rate for program participants or the refund of a portion of the
municipality contributions, as the case may be, may be considered.
(e) Computations of municipality contribution rates for the
following calendar year shall be made prior to the beginning of each
year, from the information available at the time the computations are
made, and on the assumption that the employees in each participating
municipality or participating instrumentality at such time will continue
in service until the end of such calendar year at their respective rates
of earnings at such time.
(f) Any municipality which is the recipient of State allocations
representing that municipality's contributions for retirement annuity
purposes on behalf of its employees as provided in Section 12‑21.16 of
the Illinois Public Aid Code shall pay the allocations so
received to the Board for such purpose. Estimates of State allocations to
be received during any taxable year shall be considered in the
determination of the municipality's tax rate for that year under Section
7‑171. If a special tax is levied under Section 7‑171, none of the
proceeds may be used to reimburse the municipality for the amount of State
allocations received and paid to the Board. Any multiple‑county or
consolidated health department which receives contributions from a county
under Section 11.2 of "An Act in relation to establishment and maintenance
of county and multiple‑county health departments", approved July 9, 1943,
as amended, or distributions under Section 3 of the Department of Public
Health Act, shall use these only for municipality contributions by the
health department.
(g) Municipality contributions for the several purposes specified
shall, for township treasurers and employees in the offices of the
township treasurers who meet the qualifying conditions for coverage
hereunder, be allocated among the several school districts and parts of
school districts serviced by such treasurers and employees in the
proportion which the amount of school funds of each district or part of
a district handled by the treasurer bears to the total amount of all
school funds handled by the treasurer.
From the funds subject to allocation among districts and parts of
districts pursuant to the School Code, the trustees shall withhold the
proportionate share of the liability for municipality contributions imposed
upon such districts by this Section, in respect to such township treasurers
and employees and remit the same to the Board.
The municipality contribution rate for an educational service center shall
initially be the same rate for each year as the regional office of
education or school district
which serves as its administrative agent. When actuarial data become
available, a separate rate shall be established as provided in subparagraph
(i) of this Section.
The municipality contribution rate for a public agency, other than a
vocational education cooperative, formed under the Intergovernmental
Cooperation Act shall initially be the average rate for the municipalities
which are parties to the intergovernmental agreement. When actuarial data
become available, a separate rate shall be established as provided in
subparagraph (i) of this Section.
(h) Each participating municipality and participating
instrumentality shall make the contributions in the amounts provided in
this Section in the manner prescribed from time to time by the Board and
all such contributions shall be obligations of the respective
participating municipalities and participating instrumentalities to this
fund. The failure to deduct any employee contributions shall not
relieve the participating municipality or participating instrumentality
of its obligation to this fund. Delinquent payments of contributions
due under this Section may, with interest, be recovered by civil action
against the participating municipalities or participating
instrumentalities. Municipality contributions, other than the amount
necessary for employee contributions and Social Security contributions, for
periods of service by employees from whose earnings no deductions were made
for employee contributions to the fund, may be charged to the municipality
reserve for the municipality or participating instrumentality.
(i) Contributions by participating instrumentalities shall be
determined as provided herein except that the percentage derived under
subparagraph 2 of paragraph (b) of this Section, and the amount payable
under subparagraph 5 of paragraph (a) of this Section, shall be based on
an amortization period of 10 years.
(j) Notwithstanding the other provisions of this Section, | ||
|
||
(Source: P.A. 94‑712, eff. 6‑1‑06.)
|
(40 ILCS 5/7‑172.1) (from Ch. 108 1/2, par. 7‑172.1)
Sec. 7‑172.1.
Actions to enforce payments by municipalities and
instrumentalities. (a) If any participating municipality or participating
instrumentality fails to transmit to the Fund contributions required of it
under this Article or contributions collected by it from its participating
employees for the purposes of this Article for more than
90 days after the payment of such contributions is due, the Fund, after
giving notice to such municipality or instrumentality, may certify to
the State Comptroller the amounts of such delinquent payments and the
Comptroller shall deduct the amounts so certified or any part thereof
from any grants of State funds to the municipality or instrumentality
involved and shall pay the amount so deducted to the Fund. If State
funds from which such deductions may be made are not available, the Fund
may proceed against the municipality or instrumentality to recover the
amounts of such delinquent payments in the appropriate circuit court.
(b) If any participating municipality fails to transmit to the Fund
contributions required of it under this Article or contributions collected
by it from its participating employees for the purposes of this Article for
more than 90 days after the payment of such contributions is due, the Fund,
after giving notice to such municipality, may certify the fact of such
delinquent payment to the county treasurer of the county in which such
municipality is located, who shall thereafter remit the amounts collected
from the tax levied by the municipality under Section 7‑171 directly to
the Fund.
(c) If reports furnished to the Fund by the municipality or
instrumentality involved are inadequate for the computation of the
amounts of such delinquent payments, the Fund may provide for such audit
of the records of the municipality or instrumentality as may be required
to establish the amounts of such delinquent payments. The municipality
or instrumentality shall make its records available to the Fund for the
purpose of such audit. The cost of such audit shall be added to the
amount of the delinquent payments and shall be recovered by the Fund
from the municipality or instrumentality at the same time and in the
same manner as the delinquent payments are recovered.
(Source: P.A. 86‑273.)
|
(40 ILCS 5/7‑172.2) (from Ch. 108 1/2, par. 7‑172.2)
Sec. 7‑172.2.
In addition to the payments otherwise required by this
Article, each participating municipality and each participating
instrumentality shall make payment of Social Security contributions and
medicare taxes in the amounts and in the manner provided by law.
(Source: P.A. 84‑1472.)
|
(40 ILCS 5/7‑173) (from Ch. 108 1/2, par. 7‑173)
Sec. 7‑173.
Contributions by employees.
(a) Each participating employee shall make contributions to the fund as
follows:
1. For retirement annuity purposes, normal | ||
|
||
2. Additional contributions of such percentages of | ||
|
||
3. Survivor contributions, by each participating | ||
|
||
(b) Each employee shall make contributions to the fund for Federal
Social Security taxes, for periods during which he is a covered
employee, as required by the Social Security Enabling Act. For
participating employees, such contributions shall be in addition to
those required under paragraph (a) of this Section.
(c) Contributions shall be deducted from each corresponding payment
of earnings paid to each employee and shall be remitted to the board by
the participating municipality or participating instrumentality making
such payment. The remittance, together with a report of the earnings
and contributions shall be made as directed by the board. For township
treasurers and employees of township treasurers qualifying as employees
hereunder, the contributions herein required as deductions from salary
shall be withheld by the school township trustees from funds available
for the payment of the compensation of such treasurers and employees as
provided in the School Code and remitted to the board.
(d) An employee who has made additional contributions under
paragraph (a)2 of this Section may upon retirement or at any time prior
thereto, elect to withdraw the total of such additional contributions
including interest credited thereon to the end of the preceding calendar
year.
(e) Failure to make the deductions for employee contributions
provided in paragraph (c) of this Section shall not relieve the employee
from liability for such contributions. The amount of such liability may
be deducted, with interest charged under Section 7‑209, from any
annuities or benefits payable hereunder to the employee or any other
person receiving an annuity or benefit by reason of such employee's
participation.
(f) A participating employee who has at least 40 years of creditable
service in the Fund may elect to cease making the contributions required
under this Section. The status of the employee under this Article shall be
unaffected by this election, except that the employee shall not receive any
additional creditable service for the periods of employment following the
election. An election under this subsection relieves the employer from
making additional employer contributions in relation to that employee.
(Source: P.A. 87‑1265.)
|
(40 ILCS 5/7‑173.2) (from Ch. 108 1/2, par. 7‑173.2)
Sec. 7‑173.2.
Pickup of employee contributions.
(a) Until July 1, 1984, each participating municipality and each
participating instrumentality may elect, for all of its employees, to pick up
the employee contributions required by subparagraphs 1 and 3 of subsection (a)
of Section 7‑173 and, in the case of sheriff's law enforcement employees,
required by Section 7‑173.1. The pick up may be for employee contributions on
earnings received by employees after December 31, 1981 and shall be applicable
to the contributions on total earnings paid in any month. The decision to pick
up contributions shall be made by the governing body.
Beginning July 1, 1984, the pick up of employee contributions shall cease to
be optional. Each participating municipality and participating instrumentality
shall pick up the employee contributions required by subparagraphs 1 and 3 of
subsection (a) of Section 7‑173 and, in the case of sheriff's law enforcement
employees, contributions required by Section 7‑173.1, for all compensation
earned after such date.
(b) Contributions that are picked up shall be treated as employer
contributions in determining tax treatment under the United States Internal
Revenue Code. The employee contribution shall be paid from the same source
of funds as is used in payment of earnings to the employee and may not be
paid from funds raised by the tax levy authorized by Section 7‑171. The
contributions shall be picked up by a reduction in earnings payment to
employees. Employee contributions that are picked up shall be considered as
earnings under Section 7‑114. If a participating municipality or
participating instrumentality fails to report participating employee earnings
which should have been reported to the fund and pays the employee the full
amount of earnings including employee contributions which should have been
picked up and forwarded to the fund, then the employee shall make payment of
the employee contributions to the fund on behalf of employer and such
contributions shall be considered as picked up contributions
if paid in the year the earnings were received, or by January 31st of the
following year, and are reflected as picked up on reports to the Internal
Revenue Service. If they cannot be so reflected, or if received after that
date, they shall not be treated as picked up contributions. Picked up employee
contributions shall be considered as employee contributions in computing
benefits paid under this Article 7.
(c) Subject to the requirements of federal law, an employee may elect to
have the employer pick up optional contributions that the employee has elected
to pay to the Fund, 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 employee and shall pay the contributions from the same source of funds
that is used to pay earnings to the employee. The employee's election to have
the optional contributions picked up is irrevocable and the optional
contributions may not thereafter be prepaid, by direct payment or otherwise.
(Source: P.A. 90‑766, eff. 8‑14‑98.)
|
(40 ILCS 5/7‑174) (from Ch. 108 1/2, par. 7‑174)
Sec. 7‑174.
Board created.
(a) A board of 8 members shall
constitute a board of trustees authorized to carry out the provisions of
this Article. Each trustee shall be a participating employee of a
participating municipality or participating instrumentality or an annuitant
of the Fund and no person shall be eligible to become a trustee after January
1, 1979 who does not have at least 8 years of creditable service.
(b) The board shall consist of representatives of various groups as
follows:
1. 4 trustees shall be a chief executive officer, | ||
|
||
2. 3 trustees shall be employees of a participating | ||
|
||
3. One trustee shall be an annuitant of the Fund, | ||
|
||
(c) A person elected as a trustee shall qualify as a trustee, after
declaration by the board that he has been duly elected, upon taking and
subscribing to the constitutional oath of office and filing same in the
office of the Fund.
(d) The term of office of each trustee shall begin upon January 1 of
the year following the year in which he is elected and shall continue
for a period of 5 years and until a successor has been elected and
qualified, or until prior resignation, death, incapacity or
disqualification.
(e) Any elected trustee (other than the annuitant trustee) shall be
disqualified immediately upon termination of employment with all participating
municipalities and instrumentalities thereof or upon any change in status which
removes any such trustee from all employments within the group he represents.
The annuitant trustee shall be disqualified upon termination of his or her
annuity.
(f) The trustees shall fill any vacancy in the board by appointment,
for the period until the next election of trustees, or, if the remaining
term is less than 2 years, for the remainder of the term, and until his
successor has been elected and qualified.
(g) Trustees shall serve without compensation, but shall be
reimbursed for any reasonable expenses incurred in attending meetings of
the board and in performing duties on behalf of the Fund and for the
amount of any earnings withheld by any employing municipality or
participating instrumentality because of attendance at any board
meeting.
(h) Each trustee other than the annuitant trustee shall be entitled to
one vote on any and all actions before the board; the annuitant trustee is
not entitled to vote on any matter. At least 4 concurring votes
shall be necessary for every decision or action by the board at any of its
meetings. No decision or action shall become effective unless presented and so
approved at a regular or duly called special meeting of the board.
(Source: P.A. 89‑136, eff. 7‑14‑95.)
|
(40 ILCS 5/7‑175) (from Ch. 108 1/2, par. 7‑175)
Sec. 7‑175.
Board elections.
(a) During the period beginning on August 1 and ending on September 15
of each year the board shall accept nominations of candidates for election
to the trusteeships for terms beginning the next January 1, new
trusteeships or vacancies to be filled by election.
(b) All nominations shall be by petition. Three petitions for an
executive trustee shall be signed by governing bodies of contributing
participating municipalities or instrumentalities.
A petition for an
employee trustee shall be signed by at least 350 participating employees
who were participants during July of the current year and who, if their
employment status remained unchanged, would be eligible to vote for such
candidate at the following election.
A petition for an annuitant trustee shall be signed by at least 100 persons
who were annuitants of the Fund during July of the current year and who, if
their annuitant status remains unchanged, would be eligible to vote for the
candidate at the following election.
(c) A separate ballot shall be used for each class of trustee and the
names of all candidates properly nominated in petitions received by the
board shall be placed in alphabetical order upon the proper ballot. Where
two employee trustees are elected to a full term in the same year, there
shall be one election for the two trusteeships and the two candidates
getting the highest number of votes shall be elected.
(d) At any election, each contributing participating municipality and
participating instrumentality and each contributing participating employee
employed by such participating municipality or participating
instrumentality during September of any year, shall be entitled to vote as
follows:
1. The governing body of each such participating | ||
|
||
2. Each participating employee shall have one vote | ||
|
||
3. Each annuitant of the Fund shall have one vote at | ||
|
||
4. A vote may be cast for a person not on the ballot | ||
|
||
(e) The election shall be by ballot pursuant to the rules and
regulations established by the board and shall be completed by December 31
of the year. The results shall be entered in the minutes of the meeting of
the board following the tally of votes.
(f) In case of a tie vote, the candidate employed by or retired from the
participating municipality or participating instrumentality having the greatest
number of participating employees at the time shall be elected.
(Source: P. A. 89‑136, eff. 7‑14‑95.)
|
(40 ILCS 5/7‑175.1) (from Ch. 108 1/2, par. 7‑175.1)
Sec. 7‑175.1.
Election of employee and annuitant trustees.
(a) The board shall prepare and send ballots and ballot envelopes to the
employees and annuitants eligible to vote as of September of that
year. The ballots shall contain the names of all candidates in alphabetical
order and an appropriate place where a name may be written in on
the ballot.
The ballot envelope shall have on the outside a form of certificate stating
that the person voting the ballot is a participating employee or annuitant
entitled to vote.
(b) Employees and annuitants, upon receipt of the ballot, shall vote the
ballot and place it in the ballot envelope, seal the envelope, execute the
certificate thereon and return the ballot to the Fund.
(c) The board shall set a final date for ballot return, and ballots
received prior to that date in a ballot envelope with a
properly executed certificate and properly voted, shall be valid ballots.
(d) The board shall set a day for counting the ballots and
name judges and clerks of election to conduct the count of ballots, and shall
make any rules and regulations necessary for the conduct of the
count.
(Source: P.A. 89‑136, eff. 7‑14‑95.)
|
(40 ILCS 5/7‑176) (from Ch. 108 1/2, par. 7‑176)
Sec. 7‑176.
Board officers.
The board shall elect from its members a president, vice president and
secretary, to serve at the board's pleasure. They shall perform the duties
designated by the board and serve without compensation.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑177) (from Ch. 108 1/2, par. 7‑177)
Sec. 7‑177.
Board meetings.
The board shall hold regular monthly meetings and such special meetings
at such other times as may be called by the executive director upon written
notice of at least 3 trustees. At least 5 days' notice of each meeting
shall be given to each trustee. All meetings of the board shall be open to
the public and shall be held in the offices of the board or in any other
place specifically designated in the notice of any meeting.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑178) (from Ch. 108 1/2, par. 7‑178)
Sec. 7‑178.
Board powers and duties.
The board shall have the powers and duties stated in Sections 7‑‑179 to
7‑‑200, inclusive, in addition to such other powers and duties provided in
this Article.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑179) (from Ch. 108 1/2, par. 7‑179)
Sec. 7‑179.
To authorize and suspend annuities.
To authorize or suspend the payment of any annuity or benefit in
accordance with this Article.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑180) (from Ch. 108 1/2, par. 7‑180)
Sec. 7‑180.
To prepare and approve budget.
To prepare and approve, prior to the beginning of each calendar year, a
budget of operating expenses for such year.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑181) (from Ch. 108 1/2, par. 7‑181)
Sec. 7‑181.
To subpoena witnesses.
To compel witnesses to attend meetings and to testify upon any necessary
matter concerning the fund and allow fees not in excess of $10 to any such
witness for such attendance upon any one day.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑182) (from Ch. 108 1/2, par. 7‑182)
Sec. 7‑182.
To authorize municipality contribution rates and adopt actuarial tables and
interest rates.
To authorize municipality contribution rates and adopt actuarial tables
and establish effective and prescribed rates of interest.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑183) (from Ch. 108 1/2, par. 7‑183)
Sec. 7‑183.
To request information.
To request such information from any participating or covered employee
or from any participating or covered municipality or instrumentality
thereof or participating instrumentality as is necessary for the proper
operation of the fund.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑184) (from Ch. 108 1/2, par. 7‑184)
Sec. 7‑184.
To determine prior service.
To determine the length of prior service from such information as is
available. Any such determination shall be conclusive as to any such period
of service, unless the board reconsiders the case and changes the
determination.
The change to this Section made by this amendatory Act of the 91st General
Assembly applies without regard to whether the individual is in service on or
after the effective date of this amendatory Act.
(Source: P.A. 91‑887, eff. 7‑6‑00.)
|
(40 ILCS 5/7‑185) (from Ch. 108 1/2, par. 7‑185)
Sec. 7‑185.
To establish offices.
To establish an office or offices with suitable space for meetings of
the board and for use of the necessary administrative personnel. All books
and records of the fund shall be kept in such office or offices or in such
other places as the board shall designate for safekeeping.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑186) (from Ch. 108 1/2, par. 7‑186)
Sec. 7‑186.
To appoint executive director.
To appoint an executive director to manage the office and carry out the
technical administrative duties of the fund.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑187) (from Ch. 108 1/2, par. 7‑187)
Sec. 7‑187.
To appoint actuary.
To appoint an actuary to perform all the necessary actuarial
requirements of the fund.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑188) (from Ch. 108 1/2, par. 7‑188)
Sec. 7‑188.
To appoint investment counsel.
To appoint such investment counsel as, in the opinion of the board, may
be required from time to time.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑189) (from Ch. 108 1/2, par. 7‑189)
Sec. 7‑189.
To obtain additional services.
To obtain by employment or by contract such additional actuarial
services and such legal, medical, clerical or other services as is required
for the efficient administration of the fund.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑190) (from Ch. 108 1/2, par. 7‑190)
Sec. 7‑190.
To fix compensation of employees.
To determine and fix the rate of compensation to be paid to the
executive director, actuary, investment counsel, auditor, legal or medical
counsel, and employees.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑191) (from Ch. 108 1/2, par. 7‑191)
Sec. 7‑191.
To have accounts audited.
To have the accounts of the fund audited annually by a certified public
accountant approved by the Auditor General.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑192) (from Ch. 108 1/2, par. 7‑192)
Sec. 7‑192.
To submit annual statements.
To submit an annual statement to the governing body of each
participating municipality and governing body of each participating
instrumentality and to any participating employee upon request, as soon
after the end of each calendar year as possible. The statement shall
include the following:
a. A balance sheet, showing the financial and actuarial condition of the
fund as of the end of the calendar year;
b. A statement of receipts and disbursements during such year;
c. A statement showing changes in the asset, liability, reserve and
surplus accounts during such year;
d. A detailed statement of investments as of the end of such year;
e. Such additional statistics as are deemed necessary for a proper
interpretation of the condition of the fund.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑193) (from Ch. 108 1/2, par. 7‑193)
Sec. 7‑193.
To provide individual statements.
To submit an individual statement to any participating employee upon his
reasonable request. The statement shall indicate the amount of
accumulations of each type to the employee's credit, as of the latest date
practicable.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑194) (from Ch. 108 1/2, par. 7‑194)
Sec. 7‑194.
To accept gifts.
To accept any gift, grant or bequest of any money or securities for the
purposes designated by the grantor if such purpose is specified as
providing cash benefits to some or all of the participating employees or
annuitants of this fund, or if no such purposes are designated, for the
purpose of distribution to all the participating employees at the end of
the year in the same proportion as the interest at the effective rate is
allocated for the year.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑195) (from Ch. 108 1/2, par. 7‑195)
Sec. 7‑195.
To make investments.
To determine the limitations on the amounts of cash to be invested in
order to maintain such cash balances as may be deemed advisable to meet
current annuity, benefit and expense requirements, and invest the available
cash within these limits in securities, in accordance with Section 7‑‑201.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑195.1) (from Ch. 108 1/2, par. 7‑195.1)
Sec. 7‑195.1.
To establish and maintain a revolving account.
To establish and maintain a revolving account in a bank or savings and
loan association, approved by the
State Treasurer as a State depositary and having capital funds, represented
by capital, surplus, and undivided profits, of at least 5 million dollars,
for the purpose of making payments of annuities, benefits, and
administrative expenses and payments to the State Agency provided in
Section 7‑170. All funds deposited in such account shall be placed in the
name of the fund and shall be withdrawn only by a check or draft upon the
bank or savings and loan association signed by the president of the
board or the executive director, as the
board may direct. In case the president or executive director, whose
signature appears upon any check or draft, after attaching his signature
ceases to hold office before the delivery thereof to the payee, his
signature nevertheless shall be valid and sufficient for all purposes with
the same effect as if he had remained in office until delivery thereof. The
revolving account shall be created by resolution of the board. The State
Comptroller, upon receipt of a copy of such resolution and a voucher
designating the payment of $300,000 into the revolving account, shall draw
his warrant on the State Treasurer for payment of same to the Fund for
deposit in the revolving account. The monies in the revolving account shall
be held and expenditures shall be made by the Fund for the purposes herein
set forth. The Fund shall reimburse the revolving account for expenditures
for such purposes and the Comptroller, upon receipt of vouchers signed as
provided in Section 7‑210 and including a statement of expenditures made
from the revolving account, shall draw his warrant on the State Treasurer
for the payment of the amount of such expenditures to the Fund for deposit
in the revolving account.
No bank or savings and loan association shall receive investment funds
as permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments
of public funds by public agencies", approved July 23, 1943, as now or hereafter
amended. The limitations set forth in such Section 6 shall be applicable
only at the time of investment and shall not require the liquidation of
any investment at any time.
(Source: P.A. 83‑541.)
|
(40 ILCS 5/7‑196) (from Ch. 108 1/2, par. 7‑196)
Sec. 7‑196.
To keep data.
To keep in convenient form the data necessary for all required
calculations and valuations as required by the actuary.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑197) (from Ch. 108 1/2, par. 7‑197)
Sec. 7‑197.
To keep permanent records.
To keep a permanent record of all the proceedings of the board and such
other records as shall be necessary or desirable for administration of the
Fund. For the protection of participating employees and their
beneficiaries, the Board, the Executive Director, and its agents and
employees are prohibited from disclosing the contents of an employee's
files, records, papers or communications relating to individual employees,
except for purposes directly connected with the administration of the Fund.
In any judicial or administrative proceeding except as such proceeding is
directly concerned with the administration of the Fund, such files,
records, papers and communications shall be deemed privileged
communications. The proceedings of the Board and reports of participating
municipalities and instrumentalities shall be public records open to
inspection.
(Source: Laws 1967, p. 2091.)
|
(40 ILCS 5/7‑197.1) (from Ch. 108 1/2, par. 7‑197.1)
Sec. 7‑197.1.
To reproduce records.
To have any records kept by the board photographed, microfilmed or
otherwise reproduced on film. The photographs, microfilm and reproductions
shall be deemed original records and documents for all purposes, including
introduction in evidence before all courts and administrative agencies.
(Source: P.A. 76‑1820.)
|
(40 ILCS 5/7‑198) (from Ch. 108 1/2, par. 7‑198)
Sec. 7‑198.
To make rules.
To establish such rules and regulations not inconsistent with the other
provisions of this Article as are necessary or desirable for the efficient
administration of the fund, including, without limitation, the time and
manner of reporting and making contributions by participating
municipalities and participating instrumentalities.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑199) (from Ch. 108 1/2, par. 7‑199)
Sec. 7‑199.
To appoint committees.
To appoint committees of 3 or more trustees to perform such functions as
may be directed by the board.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑199.1) (from Ch. 108 1/2, par. 7‑199.1)
Sec. 7‑199.1.
To administer a joint group accident and health
insurance program in accordance with this Section.
(a) The board may purchase and administer a joint group accident and
health insurance policy as defined in Section 4 of the "Illinois Insurance
Code", approved June 29, 1937, as amended, for the benefit of one or more
classes of employees or retired employees of participating municipalities
and participating instrumentalities, or their spouses or surviving
spouses.
(b) All participating municipalities and participating instrumentalities
are hereby authorized to participate in any such joint group accident and
health insurance policy established under this Section.
(c) The board may promulgate such rules as may be necessary or
convenient relating to the purchase and administration of any such policy,
and to the conditions and terms of participation therein and withdrawal
therefrom by participating municipalities and participating instrumentalities.
(d) Any monies received by the board relating to its duties under this
Section shall not be deemed contributions to or assets of the fund, and all
such monies shall be held by the board in a separate account.
(e) The board shall submit an annual report of its activities under this
Section to each municipality and instrumentality participating in a policy
administered under this Section.
(f) The group accident and health insurance program established under
this Section is not and shall not be construed to be a pension or retirement
benefit for purposes of Section 5 of Article XIII of the Illinois Constitution
of 1970.
(Source: P.A. 84‑812.)
|
(40 ILCS 5/7‑199.2) (from Ch. 108 1/2, par. 7‑199.2)
Sec. 7‑199.2.
To determine unfunded liability.
To cause to be
actuarially determined the unfunded liability existing in the Fund as of the
date provided by subsection (c) of Section 5‑1 of the School Code by reason
of annuities and other benefits payable and to become payable from the Fund
to persons specified in that subsection with respect to periods of service
ending on or before that date, to report the amount so determined to each
school board required under that subsection to pay a proportionate share of
that amount to the Fund, and to receive and apply in accordance with this
Article all amounts so paid to the Fund by those school boards.
(Source: P.A. 87‑473.)
|
(40 ILCS 5/7‑199.3)
Sec. 7‑199.3.
To establish and administer deferred compensation and
tax‑deferred annuity programs for units of local government.
The Board may establish and administer deferred compensation, tax deferred
annuity, and similar tax‑savings programs for employees of units of local
government, which shall be known as the "IMRF‑Plus" program. The program shall
provide for the Board to review proposed investment offerings and shall require
that only investments determined to be acceptable by the Board may be used for
investing compensation contributed to the program.
The program shall include appropriate provisions pertaining to its day to day
operation, including methods of electing to contribute income, methods of
changing the amount of income contributed, methods of selecting from among
investment options available under the program, and any other provisions that
the Board may deem appropriate.
The program shall provide for the preparation of pamphlets describing the
program and outlining the options and opportunities available to local
government employees under the program. These pamphlets shall be distributed
from time to time to all eligible employees.
The program established under this Section shall not be implemented or
amended until the Board is satisfied that compensation contributed under the
program is not subject to income tax for the year in which it is earned and
that the taxation of such compensation will be deferred until the time of its
distribution to the employee.
The program shall also provide for the recovery of the expenses of its
administration by charging those expenses against the earnings from
investments, by charging fees equitably prorated among the participating local
government employees, or by some other appropriate and equitable method
determined by the Board. Different methods for recovery of administrative
expenses may be provided in relation to different types of investment programs,
and the Board may provide for the allocation of administration expenses among
varying types of programs for this purpose.
The Board shall review and oversee the administration of the program.
This Section does not limit the power or authority of any unit of local
government, school district, or institution supported in whole or in part by
public funds to establish and administer any other deferred compensation plans
or tax‑deferred annuity programs that may be authorized by law.
(Source: P.A. 90‑448, eff. 8‑16‑97.)
|
(40 ILCS 5/7‑200) (from Ch. 108 1/2, par. 7‑200)
Sec. 7‑200.
To carry on other duties.
To carry on generally any other reasonable activities, including,
without limitation, the making of administrative decisions on participation
and coverage, which are necessary for carrying out the intent of this fund
in accordance with the provisions of this Article.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑201) (from Ch. 108 1/2, par. 7‑201)
Sec. 7‑201.
The assets of the fund in excess of the amount of
cash required for current operation as determined by the board shall be
invested, subject to the requirements and restrictions set forth in Sections
1‑109, 1‑109.1, 1‑109.2, 1‑110, 1‑111, 1‑114 and 1‑115 of this Code.
No bank or savings and loan association shall receive investment funds
as permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain
investments of public funds by public agencies", approved July 23, 1943, as
now or hereafter amended. The limitations set forth in such Section 6
shall be applicable only at the time of investment and shall not require
the liquidation of any investment at any time.
The board may sell any security belonging to the fund at any time in
its judgment that it is necessary or desirable to do so.
The board shall have the authority to enter into such agreements and to
execute such documents as it determines to be necessary to complete any
investment transaction.
All investments shall be clearly held and accounted for to indicate ownership
by the board. The board may direct the registration of securities or the
holding of interests in real property in its own name or in the name of a
nominee created for the express purpose of registration of securities or
the holding of interests in real property by a savings and loan
association or national or State bank or trust company authorized to
conduct a trust business in the State of Illinois. The
board may hold title to interests in real property in the name of the Fund
or in the name of a title holding corporation created for the express
purpose of holding title to interests in real property.
Investments shall be carried at cost or at a book value in accordance with
generally accepted accounting principles and accounting procedures approved
by the board.
The book value of investments held by any pension fund or retirement system
in one or more commingled investment accounts shall be the cost of its units
of participation in such commingled account or accounts as recorded on the
books of the board.
(Source: P.A. 89‑136, eff. 7‑14‑95.)
|
(40 ILCS 5/7‑201.1) (from Ch. 108 1/2, par. 7‑201.1)
Sec. 7‑201.1.
Participation in commingled investment funds‑Transfer of
investment functions and securities.
(a) The retirement board may invest in any commingled investment fund or
funds established and maintained by the Illinois State Board of Investment
under the provisions of Article 22A of this Code. The book value of all
commingled equity participations plus the book value of other stock
investments owned by this system shall not exceed the maximum permissible
percentage rate for equity investments prescribed in Section 7‑201. All
commingled fund participations shall be subject to the law governing the
Illinois State Board of Investment and the rules, policies and directives
of that Board.
(b) The retirement board may, by resolution duly adopted by a majority
vote of its membership, transfer to the Illinois State Board of Investment
created by Article 22A of this Code, for management and administration, all
investments owned by the Fund of every kind and character. Upon completion
of such transfer, the authority of the retirement board to make investments
shall terminate. Thereafter, all investments of the reserves of the Fund
shall be made by the Illinois State Board of Investment in accordance with
the provisions of Article 22A of this Code.
Such transfer shall be made not later than the first day of the fourth
month next following the date of such resolution. Before such transfer an
audit of such investments shall be completed by a certified public
accountant selected by the Illinois State Board of Investment and approved
by the Auditor General of the State of Illinois. The expense of such audit
shall be defrayed by the retirement board.
(Source: P. A. 78‑645.)
|
(40 ILCS 5/7‑202) (from Ch. 108 1/2, par. 7‑202)
Sec. 7‑202.
Accounts.
An adequate system of accounts shall be kept in accordance with
generally accepted accounting and sound actuarial principles. The accounts
and reserves designated in Section 7‑‑203 to 7‑‑208, inclusive, shall be
maintained.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑203) (from Ch. 108 1/2, par. 7‑203)
Sec. 7‑203.
Employee reserves.
Separate reserves shall be maintained for each participating employee in
such detail as is necessary to administer all benefits provided herein, and
to segregate accurately the separate liabilities of each participating
municipality and its instrumentalities, or of any participating
instrumentality, with respect to each participating employee.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑204) (from Ch. 108 1/2, par. 7‑204)
Sec. 7‑204.
Municipality reserves.
(a) Except as provided in paragraph (b) of this Section, each
participating municipality and its instrumentalities, and each
participating instrumentality, shall be treated as an independent unit
within the fund, except that if it has any sheriff's law enforcement
employees, it shall be treated as 2 independent units, one
for its sheriff's law enforcement employees and the second for its other
employees. Separate municipality reserves shall be maintained in such form
and detail as is necessary to show the net accumulated balances of each
municipality, created or arising under this Article.
(b) In the event of termination and dissolution of any participating
municipality or participating instrumentality and its obligations are not
assumed or transferred by law to another municipality, any net debit or
credit balance remaining in the reserve account of such municipality, or
participating instrumentality, shall be transferred to a Terminated
Municipality Reserve Account which shall be used to fund any future
benefits of its employees arising out of service with the terminated
municipality or participating instrumentality.
Any deficiency arising in the Terminated Municipality Reserve Account
shall be eliminated by a contribution by all remaining municipalities and
participating instrumentalities at a uniform percent of payroll, to be
determined, collected with other contributions required under Section 7‑172.
(c) The municipality reserve for each municipality or participating
instrumentality that has any sheriff's law enforcement
employees shall be divided into 2
reserves. A reserve for the sheriff's law enforcement employees shall be
allocated an amount in the same proportion to the total amount in reserve
as the total number of sheriff's law enforcement employees is to the total
participating employees of the municipality or participating
instrumentality
at that date. The remainder shall be
allocated to the reserve for other employees.
(Source: P.A. 87‑740.)
|
(40 ILCS 5/7‑205) (from Ch. 108 1/2, par. 7‑205)
Sec. 7‑205.
Reserves for annuities.
Appropriate reserves shall be created
for payment of all annuities
granted under this Article at the time such annuities are granted and in
amounts determined to be necessary under actuarial tables adopted by the
Board upon recommendation of the actuary of the fund. All annuities payable
shall be charged to the annuity reserve.
1. Amounts credited to annuity reserves shall be derived by transfer of
all the employee credits from the appropriate employee reserves and by
charges to the municipality reserve of those municipalities in which the
retiring employee has accumulated service. If a retiring employee has
accumulated service in more than one participating municipality or
participating instrumentality, aggregate municipality charges shall be
prorated on a basis of the employee's earnings in case of concurrent
service and creditable service in other cases.
2. Supplemental annuities shall be handled as a separate annuity and
amounts to be credited to the annuity reserve therefor shall be derived in
the same manner as a regular annuity.
3. When a retirement annuity is granted to an employee with a spouse
eligible for a surviving spouse annuity, there shall be credited to the
annuity reserve an amount to fund the cost of both the retirement and
surviving spouse annuity as a joint and survivors annuity.
4. Beginning January 1, 1989, when a retirement annuity is awarded, an
amount equal to the present
value of the $3,000 death benefit payable upon the death of the annuitant
shall be transferred to the annuity reserve from the appropriate
municipality reserves in the same manner as the transfer for annuities.
5. All annuity reserves shall be revalued annually as of December 31.
Beginning as of December 31, 1973, adjustment required therein by such
revaluation shall be charged or credited to the earnings and experience
variation reserve.
6. There shall be credited to the annuity reserve all of the
payments
made by annuitants under Section 7‑144.2, plus an
additional amount from the
earnings and experience variation reserve to fund the cost of the
incremental annuities granted to annuitants making these payments.
7. As of December 31, 1972, the excess in the annuity reserve shall be
transferred to the municipality reserves. An amount equal to the deficiency
in the reserve of participating municipalities and participating
instrumentalities which have no participating employees shall be allocated
to their reserves. The remainder shall be allocated in amounts
proportionate to the present value, as of January 1, 1972, of annuities of
annuitants of the remaining participating municipalities and participating
instrumentalities.
(Source: P.A. 89‑136, eff. 7‑14‑95.)
|
(40 ILCS 5/7‑205.1) (from Ch. 108 1/2, par. 7‑205.1)
Sec. 7‑205.1.
Reserves for Disability Benefits.
A temporary and total and permanent disability benefit reserves shall be
created for payment of all temporary and total and permanent disability
benefits.
1. Amounts to fund the cost of total and permanent disability benefits
shall be established at the time such benefits are granted under actuarial
tables adopted by the Board upon recommendation of the Actuary of the Fund.
All total and permanent disability benefits payable shall be charged to
this reserved amount.
2. Temporary disability benefit payments shall be charged to the
disability reserve when made.
3. Amounts credited to the disability reserve shall be derived from
municipality contributions made pursuant to Section 7‑172, paragraph (b),
subparagraph 3.
4. The total and permanent disability reserve shall be revalued annually
as of December 31. Any adjustment required therein by such revaluation
shall be charged or credited to the earnings and experience variation
reserve.
(Source: P. A. 77‑2121.)
|
(40 ILCS 5/7‑206) (from Ch. 108 1/2, par. 7‑206)
Sec. 7‑206.
Death Reserve.
All death benefit payments shall be charged
to the Death Reserve, other than $3,000 death benefits paid after December
31, 1988 upon the death of an annuitant. All
contributions for death purposes under Section 7‑172(b)4 shall be
credited to the same reserve. Whenever the balance in such reserve at the
close of a year exceeds 100% of the average annual charges to this account
during the 3 preceding calendar years, the basic actuarial assumptions upon
which municipality contribution rates for these purposes are based, shall
be reviewed and revised in such manner as is deemed necessary to reduce
such balance.
(Source: P.A. 89‑136, eff. 7‑14‑95.)
|
(40 ILCS 5/7‑207.1) (from Ch. 108 1/2, par. 7‑207.1)
Sec. 7‑207.1.
Reserve For Variation In Benefit Payments.
A Reserve for Variation in Benefit Payments may be established.
1. Credits to such Reserve shall consist of:
(a) Any employee contributions,
not in excess of $10.00, received by
the Fund subsequent to claim for and payment of a separation refund,
provided, however, that upon request of any employee rightfully entitled
thereto the aforesaid amount shall be paid him from this Reserve.
(b) Any benefit checks or warrants issued and outstanding more than
two years.
(c) Any balances in Employee or Municipality Reserves that are not
properly creditable to those Reserves.
2. Charges to such Reserve shall consist of:
(a) Benefit claims properly payable under this Article, the reserves
for which have been previously transferred to this reserve or for which
no reserves exist.
(b) Benefit overpayments deemed uncollectible by the Board.
(c) Amount required to adjust employee or municipal reserves to
correct balance.
(Source: P.A. 81‑1536.)
|
(40 ILCS 5/7‑208) (from Ch. 108 1/2, par. 7‑208)
Sec. 7‑208.
Earnings and experience variation reserve.
One
earnings and experience variation reserve shall be maintained. All other
accounts for this purpose shall be abolished upon the effective date of this
amendatory Act of 1995. Moneys in abolished reserve accounts shall be
transferred to the earnings and experience variation reserve. No more than
one‑half of all interest income and earnings on investments of whatever type,
including realized gains on disposition of investments and unrealized
gains in market value, shall be credited thereto. All investment earnings
expense of whatever type, including realized losses on disposition of
investments and unrealized losses in market value, shall be charged
thereto. All administrative expenses directly relating to investments may be
charged thereto. Excess or deficiencies in the annuity and disability reserves
shall be charged or credited to this reserve. Whenever a balance exists in
such reserve, it shall be included in the basis used for determining the
effective interest rate. The
balance in the reserve shall be distributed as of the end of each year, but a
contingency balance of not more than twice the projected interest requirement
for the next year may be maintained.
If the balance ever exceeds twice the projected requirement, the excess shall
be distributed to municipality reserves.
If the Board determines that the funds available in this reserve, after
required transfers, will not be sufficient to provide administrative expenses
of the fund, the Board may include in the municipality contribution rate
authorized by Section 7‑172 a percentage of earnings on the earnings of
all participating employees to provide an amount required for the
administrative expenses.
Upon adoption of generally accepted accounting procedures that allow for
the recognition of unrealized gains or losses in market value, those gains or
losses shall be allocated to employer accounts including the earnings and
experience variation reserve in the same proportion those accounts were to
total assets prior to the implementation of market value accounting.
(Source: P.A. 89‑136, eff. 7‑14‑95.)
|
(40 ILCS 5/7‑209) (from Ch. 108 1/2, par. 7‑209)
Sec. 7‑209.
Earnings and Interest.
(a) Balances at the beginning of each year which remain in employee
reserves at the end of the year shall be credited with interest annually at
the prescribed rate.
(b) Municipality reserves shall be charged or credited, as the case may
be, with interest at the prescribed rate applied to the balance therein at
the beginning of the year.
(c) Municipality accounts receivable shall be charged with interest at a
rate of 1/2% per month before July 1, 1984, and 1% per month thereafter
on the balance therein unpaid one month or more. The
unpaid balance shall include charges established retroactively because of
failure of the municipality to report amounts which should be receivable.
Credit balances shall be disregarded in this calculation.
(d) The annuity total and permanent disability reserves shall be
credited with interest at the prescribed rate at the end of each year. For
purposes of this computation, the prescribed rate shall be applied to the
balances therein at the beginning of the year.
(e) Amounts credited or charged under subsection (a), (b), (c), or
(d) of
this Section shall be charged or credited to the earnings and experience
variation reserve. Any remaining balance, in excess of the contingency
balance established, shall be transferred to the municipality reserves in
proportion to present values of the annuities of the annuitants of each
participating municipality and participating instrumentality plus the
balance in their municipality reserve.
(f) The Board shall fix the rate of interest, to be charged on back,
retroactive, or reinstatement contributions.
(Source: P.A. 89‑136, eff. 7‑14‑95.)
|
(40 ILCS 5/7‑210) (from Ch. 108 1/2, par. 7‑210)
Sec. 7‑210.
Funds.
(a) All money received by the board shall immediately be deposited
with the State Treasurer for the account of the fund, or in the case of
funds received under Section 7‑199.1, in a separate account maintained for
that purpose. All disbursements
of funds held by the State Treasurer shall be made only upon warrants
of the State Comptroller drawn upon the
Treasurer as custodian of this fund upon vouchers signed by the person
or persons designated for such purpose by resolution of the board. The
Comptroller is authorized to draw such warrants upon vouchers so signed,
including warrants payable to the Fund for deposit in a revolving account
authorized by Section 7‑195.1. The Treasurer shall accept all warrants
so signed and shall be released from liability for all payments made
thereon. Vouchers shall be drawn only upon proper authorization by the
board as properly recorded in the official minute books of the meetings
of the board.
(b) All securities of the fund when received shall be deposited with
the State Treasurer who shall provide adequate safe deposit facilities
for their preservation and have custody of them.
(c) The assets of the fund shall be invested as one fund, and no
particular person, municipality, or instrumentality thereof or
participating instrumentality shall have any right in any specific
security or in any item of cash other than an undivided interest in the
whole.
(d) Whenever any employees of a municipality or participating
instrumentality have been or shall be excluded from participation in
this fund by virtue of the application of paragraph b of Section 7‑109
(2), the board shall issue a voucher authorizing the Comptroller to draw
his warrant upon the Treasurer as custodian of this fund in an amount
equal to the accumulated contributions of such employees. Such warrant
shall be drawn in favor of the appropriate fund of the retirement fund
in which such employees have or shall become participants. Such transfer
shall terminate any further rights of such employees under this fund.
(e) If a participating instrumentality terminates participation
because it fails to meet the requirements of Section 7‑108, it shall
pay to the fund the amount equal to any net debit balance in its
municipality reserve account and account receivable. Its successors, and
assigns and transferees of its assets shall be obligated to make this
payment to the extent of the value of assets transferred to them. The
fund shall pay an amount equal to any net credit balance to the
participating instrumentality, its successors or assigns. Any remaining
net debit or credit balance not collectible or payable shall be
transferred to the terminated municipality reserve account. The fund
shall pay to each employee of the participating instrumentality an
amount equal to his credits in the employee reserves. The employees
shall have no further rights to any benefits from the fund, except that
annuities awarded prior to the date of termination shall continue to be
paid.
(Source: P.A. 84‑812.)
|
(40 ILCS 5/7‑211) (from Ch. 108 1/2, par. 7‑211)
Sec. 7‑211.
Authorizations.
(a) Each participating municipality and instrumentality thereof and
each participating instrumentality shall:
1. Deduct all normal and additional contributions | ||
|
||
2. Pay to the board contributions required by this | ||
|
||
(b) Each participating employee shall, by virtue of the payment of
contributions to this fund, receive a vested interest in the annuities
and benefits provided in this Article and in consideration of such vested
interest shall be deemed to have agreed and authorized the deduction from
earnings of all contributions payable to this fund in accordance with this
Article.
(c) Payment of earnings less the amounts of contributions provided in
this Article and in the Social Security Enabling Act shall be a full
and complete discharge of all claims for payment for services rendered
by any employee during the period covered by any such payment.
(d) Any covered annuitant may authorize the withholding of all or a portion
of his or her annuity, for the payment of premiums on group accident and health
insurance provided pursuant to Section 7‑199.1. The annuitant may revoke
this authorization at any time.
(Source: P.A. 91‑887, eff. 7‑6‑00.)
|
(40 ILCS 5/7‑212) (from Ch. 108 1/2, par. 7‑212)
Sec. 7‑212.
Executive director.
The executive director shall be in charge of the general administration
of the fund. He shall have such special powers and duties as may be
properly delegated or assigned by the board from time to time. Such general
administrative duties shall include: the computation of the amounts of
annuities, benefits, prior service credits and contributions required for
reinstatement of credits for board consideration; the processing of
approved benefit claims and expenses of administration for payment; the
placing of any and all matters before the board which require action or are
in the interest of the board or the fund; the preparation and maintenance
of necessary and proper records for administrative and actuarial purposes;
the conduct of any necessary or desirable communications in the course of
operations of the fund; and the carrying out of any actions of the board
which are so delegated.
(Source: P. A. 77‑2121.)
|
(40 ILCS 5/7‑213) (from Ch. 108 1/2, par. 7‑213)
Sec. 7‑213.
Actuary.
The actuary shall be the technical advisor of the board and in addition
to general advice shall specifically be responsible for and shall:
1. Make a general investigation, at least once every 3 years, of the
experience of the participating municipalities and participating
instrumentalities as to mortality, disability, retirement, separation,
marital status of employees, marriage of surviving spouses, interest and
employee earnings rates and to make recommendations as a result of any such
investigation as to:
a. The actuarial tables to be used for computing annuities and benefits
and for determining the premiums for disability and death benefit purposes;
b. The tables to be used in any regular actuarial valuations; and
c. The prescribed rate of interest.
2. Make the computations of municipality obligations, contribution rates
including annual valuations of the liabilities and reserves for present and
prospective annuities and benefits, and certify to the correctness thereof;
3. Recommend the effective rate of interest to be applicable to each
year;
4. Advise the board on any matters of an actuarial nature affecting the
fund.
(Source: P. A. 77‑2121.)
|
(40 ILCS 5/7‑214) (from Ch. 108 1/2, par. 7‑214)
Sec. 7‑214.
State treasurer.
The State Treasurer shall be the treasurer of the fund and shall be
responsible for the proper handling of all the assets of the fund in
accordance with this Article. He shall furnish a corporate surety bond of
such amount as the board designates, which bond shall indemnify the board
against any loss which may result from any action or failure to act by the
treasurer or any of his agents. All charges incidental to the procuring and
giving of such bond shall be paid by the board.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑215) (from Ch. 108 1/2, par. 7‑215)
Sec. 7‑215.
Retirement Systems Reciprocal Act.
The "Retirement Systems Reciprocal Act", being Article 20 of this Code
as now enacted or hereafter amended is hereby adopted and made a part of
this Article. The additional cost of annuities resulting from awards made
under Section 20‑122 of this Code, in excess of employee contributions made
under that Section, shall be financed by a uniform contribution rate paid
by all municipalities and participating instrumentalities with other
contributions under Section 7‑172. If a person is qualified for an annuity
under such Act, the Fund may make payments of less than $10 per month,
notwithstanding the limitations set forth in this Article.
(Source: P. A. 78‑896.)
|
(40 ILCS 5/7‑217) (from Ch. 108 1/2, par. 7‑217)
Sec. 7‑217.
Payment of benefits and assignments.
(a) Except as otherwise provided in this Section, all moneys in the
Fund created by this Article, and all securities
and other property of the Fund, and all annuities and other benefits
payable under this Article, and all accumulated contributions and other
credits of employees in this Fund, 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.
Notwithstanding Section 1‑103.1, the changes in this Section made by this
amendatory Act of 1991 shall not be limited to persons in service on or
after its effective date. All annuities and other benefits payable under
this Fund and all accumulated credits of employees in the Fund shall be
exempt from state and
municipal taxes.
(b) The board, in its discretion, may:
1. Pay to the wife of any annuitant or employee such | ||
|
||
2. Where a temporary or total and permanent | ||
|
||
3. Pay amounts payable to a minor or person under | ||
|
||
(c) The board may retain out of any annuity or benefit payable to
any person such amount or amounts as the board may determine are owing
to the fund because required employee contributions were not made, in
whole or in part, or employee obligations to return refunds were not
made, or because money was paid to any annuitant or employee through
misrepresentation, fraud or error.
(d) The board and the fund shall be held free from any liability for
any money retained or paid in accordance with this section and the
employee shall be assumed to have assented and agreed to any such
disposition of money due.
(e) An annuitant entitled to receive an annuity may, for personal
reasons and without disclosure thereof, request the board in writing to
suspend for any period payment of all or any part of such annuity
otherwise payable hereunder. The board, on receipt of such request,
shall authorize such suspension, in which event the annuitant shall be
deemed to have forfeited all rights to the amount of annuity so
suspended, but shall retain the right to have full annuity otherwise
payable reinstated as to future monthly payments upon written notice to
the board of his desire to revoke his prior request for a suspension
under this paragraph.
(f) The board may reimburse any municipality or participating
instrumentality for employee contributions due such municipality or
participating instrumentality, from funds withheld by the board pursuant
to this Section.
(g) An annuitant may authorize the withholding of a portion of his
annuity for payment of dues to any labor organization designated by the
annuitant; however, no portion of annuities may be withheld pursuant to
this subsection for payment to any one labor organization unless a minimum
of 100 annuitants authorize such withholding,
except that the Board may allow such withholding
for less than 100 annuitants during a probationary period of between 3 and
6 months, as determined by the Board. The Board shall prescribe a form for
the authorization of such withholding, and shall provide such forms to
employees, annuitants and labor organizations upon request. Amounts
withheld by the Board under this subsection shall be promptly paid over to
the designated organizations.
(Source: P.A. 87‑740.)
|
(40 ILCS 5/7‑218) (from Ch. 108 1/2, par. 7‑218)
Sec. 7‑218.
Compulsory retirement.
No provision of this Article shall operate to cause compulsory
retirement of any employee, nor to give any employee any specific right to
remain in service. Separations and retirements from the service of a
municipality or participating instrumentality shall be made in accordance
with the currently existing practices of the respective municipalities and
participating instrumentalities.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑219) (from Ch. 108 1/2, par. 7‑219)
Sec. 7‑219.
Felony conviction.
None of the benefits provided for in this Article shall be paid to any
person who is convicted of any felony relating to or arising out of or in
connection with his service as an employee.
This Section shall not operate to impair any contract or vested right
heretofore acquired under any law or laws continued in this Article, nor to
preclude the right to a refund.
All future entrants entering service subsequent to July 9, 1955 shall be
deemed to have consented to the provisions of this Section as a condition
of coverage.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/7‑220) (from Ch. 108 1/2, par. 7‑220)
Sec. 7‑220.
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 retirement board provided
for under this Article. The term "administrative decision" is as defined in
Section 3‑101 of the Code of Civil Procedure.
(Source: P.A. 82‑783.)
|
(40 ILCS 5/7‑221) (from Ch. 108 1/2, par. 7‑221)
Sec. 7‑221.
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.)
|
(40 ILCS 5/7‑222) (from Ch. 108 1/2, par. 7‑222)
Sec. 7‑222.
Reduction of disability and survivor's benefits on
account of corresponding benefits payable under the Workers'
Compensation Act and the Workers' Occupational Diseases Act. Whenever
any person is entitled to a disability or survivors benefit under this
Article and to benefits under the Workers' Compensation Act or the
Workers' Occupational Diseases Act in relation to the same injury or
disease, the monthly benefits payable under this Article shall be
reduced by the amount of any such benefits payable under either of those
Acts, except 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 members or appliances, and fixed statutory payments for
the loss of or the permanent and complete loss of the use of any bodily
member, provided that the monthly benefit payable under this Article
shall not be reduced to less than $10 per month. If the benefits
deductible under this paragraph 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. 81‑992.)
|
(40 ILCS 5/7‑223) (from Ch. 108 1/2, par. 7‑223)
Sec. 7‑223.
The amendments to Sections 7‑137, 7‑146, 7‑147, 7‑150 and
7‑151 of this Article (relating to attainment of age 70) made by this
amendatory Act of 1989 shall be retroactive to January 1, 1987.
(Source: P.A. 86‑272.)
|
(40 ILCS 5/7‑224)
Sec. 7‑224.
Section 415 limitations.
Notwithstanding any other
provisions of this Article, the combined benefits and contributions provided to
any participating employee by all plans of any participating municipality and
its instrumentalities and any participating instrumentality shall not exceed
the limitations specified in Section 415(b), (c), and (e) of the Internal
Revenue Code of 1986. If a participating employee's benefits or contributions
under this Article, combined with those under any other plan of the
participating municipality and its instrumentalities or participating
instrumentality, would otherwise violate those limitations, the benefits and
contributions under the other plan shall be reduced, rather than the benefits
and contributions provided under this Article. To the extent that the other
plan fails to limit such benefits and contributions, that plan shall be
disqualified.
(Source: P.A. 91‑887, eff. 7‑6‑00.)
|
Disclaimer: These codes may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
