(40 ILCS 5/Art. 2 heading)
(40 ILCS 5/2-101) (from Ch. 108 1/2, par. 2-101)
Sec. 2-101.
Creation of system.
A retirement system is created to provide retirement annuities,
survivor's annuities and other benefits for members of the
General Assembly, certain elected state officials and their beneficiaries.
The system shall be known as the "General Assembly Retirement System".
All its funds and property shall be a trust separate from all other
entities, maintained for the purpose of securing payment of annuities and
benefits under this Article.
(Source: P.A. 83-1440.)
(40 ILCS 5/2-102) (from Ch. 108 1/2, par. 2-102)
Sec. 2-102.
Terms defined.
The terms used in this Article shall have the meanings ascribed to them
in Sections 2-103 through 2-116, except when the
context otherwise requires.
(Source: P.A. 83-1440.)
(40 ILCS 5/2-103) (from Ch. 108 1/2, par. 2-103)
Sec. 2-103.
System.
"System": The General Assembly Retirement System.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/2-104) (from Ch. 108 1/2, par. 2-104)
Sec. 2-104.
Board.
"Board": The board of trustees of the system.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/2-105) (from Ch. 108 1/2, par. 2-105)
Sec. 2-105.
Member.
"Member": Members of the General Assembly of this
State including persons who enter military service while a member of the
General Assembly and any person serving as Governor,
Lieutenant Governor, Secretary of State, Treasurer, Comptroller, or Attorney
General for the period of service in such office.
Any person who has served for 10 or more years as Clerk or Assistant Clerk
of the House of Representatives, Secretary or Assistant Secretary of the
Senate, or any combination thereof, may elect to become a member
of this system while thenceforth engaged in such service by filing a
written election with the board. Any person so electing shall be
deemed an active member of the General Assembly for the purpose of validating
and transferring any service credits earned under any of the funds and systems
established under Articles 3 through 18 of this Code.
(Source: P.A. 85-1008.)
(40 ILCS 5/2-105.1)
(This Section was added by P.A. 98-599, which has been held unconstitutional)
Sec. 2-105.1. Tier 1 participant; Tier 2 participant.
"Tier 1 participant": A participant who first became a participant before January 1, 2011.
"Tier 2 participant": A participant who first became a participant on or after January 1, 2011.
(Source: P.A. 98-599, eff. 6-1-14.)
(40 ILCS 5/2-105.2)
(This Section was added by P.A. 98-599, which has been held unconstitutional)
Sec. 2-105.2. Tier 1 retiree. "Tier 1 retiree" means a former Tier 1 participant who has made the election to retire and has terminated service.
(Source: P.A. 98-599, eff. 6-1-14.)
(40 ILCS 5/2-106) (from Ch. 108 1/2, par. 2-106)
Sec. 2-106.
Eligible member.
"Eligible member": Any member other than one who has elected not to
participate.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/2-107) (from Ch. 108 1/2, par. 2-107)
Sec. 2-107.
Participant.
"Participant": Any member who elects to
participate; and any former member who elects to continue participation
under Section 2-117.1, for the duration of such continued participation.
(Source: P.A. 86-1488.)
(40 ILCS 5/2-108) (from Ch. 108 1/2, par. 2-108)
(Text of Section WITH the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 2-108. Salary. "Salary":
(1) For members of the General Assembly,
the total compensation paid to the member by the State for one
year of service, including the additional amounts, if any, paid to
the member as an officer pursuant to Section 1 of "An Act
in relation to the compensation and emoluments of the members of the
General Assembly", approved December 6, 1907, as now or hereafter
amended.
(2) For the State executive officers specified
in Section 2-105, the total compensation paid to the member for one year
of service.
(3) For members of the System who are participants under Section
2-117.1, or who are serving as Clerk or Assistant Clerk of the House of
Representatives or Secretary or Assistant Secretary of the Senate, the
total compensation paid to the member for one year of service, but not to
exceed the salary of the highest salaried officer of the General Assembly.
However, in the event that federal law results in any participant
receiving imputed income based on the value of group term life insurance
provided by the State, such imputed income shall not be included in salary
for the purposes of this Article.
Notwithstanding any other provision of this Code, the
annual salary of a Tier 1 participant for the purposes of this Code shall not
exceed, for periods of service in a term of office beginning on
or after the effective date of this amendatory Act of the 98th
General Assembly, the greater of (i) the annual limitation determined
from time to time under subsection (b-5) of Section 1-160 of
this Code or (ii) the
annualized salary of the participant on the last day of that participant's last term of office beginning before that effective date.
(Source: P.A. 98-599, eff. 6-1-14.)
(Text of Section WITHOUT the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 2-108. Salary. "Salary":
(1) For members of the General Assembly,
the total compensation paid to the member by the State for one
year of service, including the additional amounts, if any, paid to
the member as an officer pursuant to Section 1 of "An Act
in relation to the compensation and emoluments of the members of the
General Assembly", approved December 6, 1907, as now or hereafter
amended.
(2) For the State executive officers specified
in Section 2-105, the total compensation paid to the member for one year
of service.
(3) For members of the System who are participants under Section
2-117.1, or who are serving as Clerk or Assistant Clerk of the House of
Representatives or Secretary or Assistant Secretary of the Senate, the
total compensation paid to the member for one year of service, but not to
exceed the salary of the highest salaried officer of the General Assembly.
However, in the event that federal law results in any participant
receiving imputed income based on the value of group term life insurance
provided by the State, such imputed income shall not be included in salary
for the purposes of this Article.
(Source: P.A. 86-27; 86-273; 86-1028; 86-1488.)
(40 ILCS 5/2-108.1) (from Ch. 108 1/2, par. 2-108.1)
(Text of Section WITH the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 2-108.1. Highest salary for annuity purposes.
(a) "Highest salary for annuity purposes" means whichever of
the following is applicable to the participant:
For a participant who first becomes a participant of this System before August 10, 2009 (the effective date of Public Act 96-207):
For a participant who first becomes a participant of this System on or after August 10, 2009 (the effective date of Public Act 96-207) and before January 1, 2011 (the effective date of Public Act 96-889), the average monthly salary obtained by dividing the total salary of the participant during the period of: (1) the 48 consecutive months of service within the last 120 months of service in which the total compensation was the highest, or (2) the total period of service, if less than 48 months, by the number of months of service in that period.
Except as otherwise provided below, for a Tier 2 participant who first becomes a participant of this System on or after January 1, 2011 (the effective date of Public Act 96-889), the average monthly salary obtained by dividing the total salary of the participant during the 96 consecutive months of service within the last 120 months of service in which the total compensation was the highest by the number of months of service in that period; however, for periods of service in a term of office beginning on or after January 1, 2011 and before the effective date of this amendatory Act of the 98th General Assembly, the highest salary for annuity purposes may not exceed $106,800, except that that amount shall annually thereafter be increased by the lesser of (i) 3% of that amount, including all previous adjustments, or (ii) the annual unadjusted percentage increase (but not less than zero) in the consumer price index-u
for the 12 months ending with the September preceding each November 1. "Consumer price index-u" means
the index published by the Bureau of Labor Statistics of the United States
Department of Labor that measures the average change in prices of goods and
services purchased by all urban consumers, United States city average, all
items, 1982-84 = 100. The new amount resulting from each annual adjustment
shall be determined by the Public Pension Division of the Department of Insurance and made available to the Board by November 1 of each year until there is no longer any such participant who is in service in a term of office that began before the effective date of this amendatory Act of the 98th General Assembly.
Notwithstanding any other provision of this Section, in determining the highest salary for annuity purposes of a Tier 2 participant who is in service in a term of office beginning on or after the effective date of this amendatory Act of the 98th General Assembly, the Tier 2 participant's salary for periods of service in a term of office beginning on or after that effective date shall not exceed the limitation on salary determined from time to time under subsection (b-5) of Section 1-160 of this Code.
(b) The earnings limitations of subsection (a) apply to earnings
under any other participating system under the Retirement Systems Reciprocal
Act that are considered in calculating a proportional annuity under this
Article, except in the case of a person who first became a member of this
System before August 22,
1994 and has not, on or after the effective date of this amendatory Act of the 97th General Assembly, irrevocably elected to have those limitations apply. The limitations of subsection (a) shall apply, however, to earnings
under any other participating system under the Retirement Systems Reciprocal
Act that are considered in calculating the proportional annuity of a person who first became a member of this
System before August 22,
1994 if, on or after the effective date of this amendatory Act of the 97th General Assembly, that member irrevocably elects to have those limitations apply.
(c) In calculating the subsection (a) earnings limitation to be applied to
earnings under any other participating system under the Retirement Systems
Reciprocal Act for the purpose of calculating a proportional annuity under this
Article, the participant's last day of service shall be deemed to mean the last
day of service in any participating system from which the person has applied
for a proportional annuity under the Retirement Systems Reciprocal Act.
(Source: P.A. 97-967, eff. 8-16-12; 98-599, eff. 6-1-14.)
(Text of Section WITHOUT the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 2-108.1. Highest salary for annuity purposes.
(a) "Highest salary for annuity purposes" means whichever of
the following is applicable to the participant:
For a participant who first becomes a participant of this System before August 10, 2009 (the effective date of Public Act 96-207):
For a participant who first becomes a participant of this System on or after August 10, 2009 (the effective date of Public Act 96-207) and before January 1, 2011 (the effective date of Public Act 96-889), the average monthly salary obtained by dividing the total salary of the participant during the period of: (1) the 48 consecutive months of service within the last 120 months of service in which the total compensation was the highest, or (2) the total period of service, if less than 48 months, by the number of months of service in that period.
For a participant who first becomes a participant of this System on or after January 1, 2011 (the effective date of Public Act 96-889), the average monthly salary obtained by dividing the total salary of the participant during the 96 consecutive months of service within the last 120 months of service in which the total compensation was the highest by the number of months of service in that period; however, beginning January 1, 2011, the highest salary for annuity purposes may not exceed $106,800, except that that amount shall annually thereafter be increased by the lesser of (i) 3% of that amount, including all previous adjustments, or (ii) the annual unadjusted percentage increase (but not less than zero) in the consumer price index-u
for the 12 months ending with the September preceding each November 1. "Consumer price index-u" means
the index published by the Bureau of Labor Statistics of the United States
Department of Labor that measures the average change in prices of goods and
services purchased by all urban consumers, United States city average, all
items, 1982-84 = 100. The new amount resulting from each annual adjustment
shall be determined by the Public Pension Division of the Department of Insurance and made available to the Board by November 1 of each year.
(b) The earnings limitations of subsection (a) apply to earnings
under any other participating system under the Retirement Systems Reciprocal
Act that are considered in calculating a proportional annuity under this
Article, except in the case of a person who first became a member of this
System before August 22,
1994 and has not, on or after the effective date of this amendatory Act of the 97th General Assembly, irrevocably elected to have those limitations apply. The limitations of subsection (a) shall apply, however, to earnings
under any other participating system under the Retirement Systems Reciprocal
Act that are considered in calculating the proportional annuity of a person who first became a member of this
System before August 22,
1994 if, on or after the effective date of this amendatory Act of the 97th General Assembly, that member irrevocably elects to have those limitations apply.
(c) In calculating the subsection (a) earnings limitation to be applied to
earnings under any other participating system under the Retirement Systems
Reciprocal Act for the purpose of calculating a proportional annuity under this
Article, the participant's last day of service shall be deemed to mean the last
day of service in any participating system from which the person has applied
for a proportional annuity under the Retirement Systems Reciprocal Act.
(Source: P.A. 96-207, eff. 8-10-09; 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11; 97-967, eff. 8-16-12.)
(40 ILCS 5/2-109) (from Ch. 108 1/2, par. 2-109)
Sec. 2-109.
Military service.
"Military service": Service in the United
States Army, Navy, Air Force, Marines or Coast Guard or any women's auxiliary
thereof.
(Source: P.A. 87-794.)
(40 ILCS 5/2-110) (from Ch. 108 1/2, par. 2-110)
Sec. 2-110.
Service.
(A) "Service" means the period beginning on the day when a
person first became a member, and ending on the date under consideration,
excluding all intervening periods of nonmembership following resignation or
expiration of any term of office.
(B) "Service" includes:
(C) Service during any fraction of a month shall be considered as a
month of service.
Service includes the total period of time for which
a participant is elected as a member or officer, even though
he or she does not complete the term because of death, resignation,
judicial decision, or operation of law, provided that the contributions
required under this Article for such entire period of office have been made
by or on behalf of the participant. In the case of a participant appointed
or elected to fill a vacancy, service includes the total period from
January 1 of the year in which his or her service commences to the end of
the term in which the vacancy occurs, provided the participant contributes
in the year of appointment an amount equal to the contributions that would
have been required had the participant received salary for the entire year.
The foregoing provisions relating to a participant appointed or elected to
fill a vacancy shall not apply if the participant was a member of the other
legislative chamber at the time of appointment or election.
(D) Notwithstanding the other provisions of this Section, if
application to transfer or establish service credit under paragraph (c) or
(e) of subsection (B) of this Section is made between January 1, 1992
and February 1, 1993, the contribution required for such credit shall be an
amount equal to (1) the contribution rate in effect for participants at the
date of membership in this system multiplied by the salary then in effect
for members of the General Assembly for each year of service for which
credit is being granted, plus (2) interest thereon at 6% per annum
compounded annually, from the date of membership to the date of payment by
the member, less (3) any amount transferred to this system on behalf of the
member on account of such service credit.
(Source: P.A. 86-27; 86-1028; 87-794; 87-1265.)
(40 ILCS 5/2-110.1) (from Ch. 108 1/2, par. 2-110.1)
Sec. 2-110.1.
Service credit for elected county, township or
municipal official. An active participant having no creditable service as
a participating employee under Article 7 of this Code may establish service
credit in this system for periods during which the participant held an
elective office in a county, township or municipality, (including the
full term for which elected if he or she resigned such office to enter the
armed forces of the United States), provided the member cannot establish
service credit under Article 7 for such periods because the county,
township or municipality did not and does not subscribe to coverage for
that office under that Article. Credit for such service may be
established in this system by the participant paying to this system an
amount equal to (1) the contribution rate in effect
for participants at the date of membership in this system multiplied by the
salary then in effect for the members of the General Assembly for each year
of service for which credit is allowed, plus (2) the State's share
of the normal cost of benefits under this system expressed as a percent
of payroll, as determined by the system's actuary as of the date of the
participant's membership in this system multiplied by the salary then in
effect for members of the General Assembly, for each year of service for
which credit is allowed, plus (3) interest on (1) and (2) above at 4% per
annum compounded annually from the date of membership to the date of payment
by the participant.
However, if application for such credit is made between January 1,
1992 and April 1, 1992, the applicant need not pay the amount indicated in
item (2) above, but only the sum of items (1) and (3).
(Source: P.A. 87-794.)
(40 ILCS 5/2-110.2) (from Ch. 108 1/2, par. 2-110.2)
Sec. 2-110.2.
Age enhancement.
Any member or former member who
receives any age enhancement under Section 14-108.3 of this
Code shall be entitled to use such age enhancement under the Retirement
Systems Reciprocal Act for the purpose of establishing eligibility for and
calculating the amount of a retirement annuity payable under this Article,
notwithstanding the provisions of subsection (b) of Section 14-108.3.
(Source: P.A. 87-794.)
(40 ILCS 5/2-111) (from Ch. 108 1/2, par. 2-111)
Sec. 2-111.
Annuity.
"Annuity": A series of monthly payments payable at
the end of each calendar month during the life of an annuitant. The first
payment shall be prorated for a fraction of a month to the end of the first
month. The last payment shall be made for the whole calendar month in which
death occurs.
(Source: P.A. 86-273.)
(40 ILCS 5/2-112) (from Ch. 108 1/2, par. 2-112)
Sec. 2-112.
Annuitant.
"Annuitant": A person receiving a retirement annuity
or survivor's annuity.
(Source: P.A. 83-1440.)
(40 ILCS 5/2-113) (from Ch. 108 1/2, par. 2-113)
Sec. 2-113.
Refund beneficiary.
"Refund beneficiary": The person entitled to receive refunds of a
deceased participant's contributions.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/2-114) (from Ch. 108 1/2, par. 2-114)
Sec. 2-114. Actuarial tables.
"Actuarial tables": Tabular listings of assumed rates of death,
disability, retirement and withdrawal from service and mathematical
functions derived from such rates combined with an assumed rate of interest
based upon the experience of the system as adopted by the board upon
recommendation of the actuary.
The adopted actuarial tables shall be used to determine the amount of all benefits under this Article, including any optional forms of benefits. Optional forms of benefits must be the actuarial equivalent of the normal benefit payable under this Article.
(Source: P.A. 98-1117, eff. 8-26-14.)
(40 ILCS 5/2-115) (from Ch. 108 1/2, par. 2-115)
Sec. 2-115.
Prescribed rate of interest.
"Prescribed rate of interest": 3% per annum compounded annually, or such
other rate determined from the actual experience of the system as may be
prescribed by the board.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/2-116) (from Ch. 108 1/2, par. 2-116)
Sec. 2-116.
Fiscal year.
"Fiscal year": The period beginning on July 1 in any year and ending on
June 30 of the next succeeding year.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/2-117) (from Ch. 108 1/2, par. 2-117)
Sec. 2-117.
Participants - Election not to participate.
(a) Every person who was a member on November 1, 1947, or in military
service on such date, is subject to the provisions of this system beginning
upon such date, unless prior to such date he or she filed with the board a
written notice of election not to participate.
Every person who becomes a member after November 1, 1947, and who is
then not a participant becomes a participant beginning upon the date of
becoming a member unless, within 24 months from that date, he or she has
filed with the board a written notice of election not to participate.
(b) A member who has filed notice of an election not to participate
(and a former member who has not yet begun to receive a retirement
annuity under this Article) may become a participant with respect to the period
for which the member elected not to participate upon filing with the board,
before April 1, 1993, a written rescission of the election not to participate.
Upon contributing an amount equal to the contributions he or she would have
made as a participant from November 1, 1947, or the date of becoming a member,
whichever is later, to the date of becoming a participant, with interest at the
rate of 4% per annum until the contributions are paid, the participant shall
receive credit for service as a member prior to the date of the rescission,
both before and after November 1, 1947. The required contributions shall be
made before commencement of the retirement annuity; otherwise no credit for
service prior to the date of participation shall be granted.
(Source: P.A. 86-273; 87-1265.)
(40 ILCS 5/2-117.1) (from Ch. 108 1/2, par. 2-117.1)
Sec. 2-117.1.
Participants - Election to continue participation.
(a) Any person who has served as a member for 4 or more years or who has
elected to become a member pursuant to Section 2-105, and who is employed
in such a position as to be eligible to actively participate in one of the
retirement systems established under Articles 5 through 18 of this Code or
under the authority of the Illinois Housing Development Act, and who earns
in that capacity, at the time of making an election under
this subsection, an amount at least equal to the minimum salary provided by
law for members of the General Assembly, may elect after he or she ceases
to be a member, but in no event after June 1, 1992, to continue his or
her participation in this System for up to 4 additional years instead of
participating in such other retirement system, by making written application
to the board.
(b) A person who elects to continue participation under this Section shall
make contributions directly to the board, not less frequently than monthly,
at the rates specified for participants under Section 2-126. The State
shall continue to make contributions on behalf of persons participating
under this Section on the same basis as for other participants.
Creditable service shall be granted to any person for the period, not
exceeding 4 years, during which the person continues participation
under this Section and continues to make contributions as required.
(c) A person who elects to continue participation under this Section may
cancel such election at any time, and may apply to transfer
the creditable service accumulated under this Section to any one of the
retirement systems established under Articles 5 through 18 or the Illinois
Housing Development Act in which he or she is eligible to participate.
Upon such application, the board shall pay to such retirement system (1)
the amounts credited to the participant under this Section through
participant contributions, including interest, if any, on the date of
transfer, plus (2) employer contributions in an amount equal to the
amount determined under clause (1). Participation in this System as to any
credits transferred under this Section shall terminate on the date of transfer.
(Source: P.A. 86-272; 86-1488; 87-794.)
(40 ILCS 5/2-117.2) (from Ch. 108 1/2, par. 2-117.2)
Sec. 2-117.2.
Transfer of creditable service to Article 8, 9 or 13
fund.
(a) Any city officer as defined in Section 8-243.2 of this Code,
any county officer elected by vote of the
people who is a participant in a pension fund established under Article 9
of this Code, and any elected sanitary district commissioner who is a
participant in a pension fund established under Article 13 of this Code,
may apply for transfer of his or her creditable service accumulated under
this System to such Article 8, 9 or 13 fund. Such creditable service
shall be transferred forthwith. Payment by this System to the Article
8, 9 or 13 fund shall be made at the same time and shall consist of:
Participation in this System as to any credits
transferred under this Section shall terminate on the date of transfer.
(b) Any such elected city officer, county officer or sanitary
district commissioner who has credits and creditable service under the
System 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 System
of an amount equal to the contributions he would have made if he had
elected to participate, plus interest to the date of payment.
(c) Any such elected city officer, county officer or sanitary
district commissioner may reinstate credits and creditable service
terminated upon receipt of a refund, by payment to the System of the amount
of the refund plus interest thereon to the date of payment.
(Source: P.A. 85-964; 86-1488.)
(40 ILCS 5/2-117.3) (from Ch. 108 1/2, par. 2-117.3)
Sec. 2-117.3.
Payments and Rollovers.
(a) The Board may adopt rules
prescribing the manner of repaying refunds and purchasing any optional
credits permitted under this Article. The rules may prescribe the manner
of calculating interest when such payments or repayments are made in
installments.
(b) Rollover contributions from other retirement plans qualified under
the U.S. Internal Revenue Code may be used to purchase any optional credit
or repay any refund permitted under this Article.
(Source: P.A. 86-1488.)
(40 ILCS 5/2-118) (from Ch. 108 1/2, par. 2-118)
Sec. 2-118.
Participants subject to survivor's
annuity. Every male participant in service after August 2, 1949 and each
female participant in
service after July 1, 1971 shall be subject to the provisions relating to
a survivor's annuity.
(Source: P.A. 83-1440.)
(40 ILCS 5/2-119) (from Ch. 108 1/2, par. 2-119)
(Text of Section WITH the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 2-119. Retirement annuity - conditions for eligibility.
(a)
A participant whose service as a
member is terminated, regardless of age or cause, is entitled to a retirement
annuity beginning on the date specified by the participant in
a written application subject to the following conditions:
(a-1) Notwithstanding subsection (a) of this Section, for a Tier 1 participant who begins receiving a retirement annuity under this Section on or after July 1, 2014, the required retirement age under subsection (a) is increased as follows, based on the Tier 1 participant's age on June 1, 2014:
Notwithstanding Section 1-103.1, this subsection (a-1) applies without regard to whether or not the Tier 1 participant is in active service under this Article on or after the effective date of this amendatory Act of the 98th General Assembly.
(a-5) A participant who first becomes a participant of this System on or after January 1, 2011 (the effective date of Public Act 96-889) who has attained age 62 and has at least 8 years of service credit may elect to receive the lower retirement annuity provided
in paragraph (c) of Section 2-119.01 of this Code.
(b) A participant shall be considered permanently disabled only if:
(1) disability occurs while in service and is
of such a nature
as to prevent him or her from reasonably performing the duties of his
or her office at
the time; and (2) the board has received a written certificate by at
least 2 licensed physicians appointed by the board stating that the member is
disabled and that the disability is likely to be permanent.
(Source: P.A. 98-599, eff. 6-1-14.)
(Text of Section WITHOUT the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 2-119. Retirement annuity - conditions for eligibility.
(a)
A participant whose service as a
member is terminated, regardless of age or cause, is entitled to a retirement
annuity beginning on the date specified by the participant in
a written application subject to the following conditions:
(a-5) A participant who first becomes a participant of this System on or after January 1, 2011 (the effective date of Public Act 96-889) who has attained age 62 and has at least 8 years of service credit may elect to receive the lower retirement annuity provided
in paragraph (c) of Section 2-119.01 of this Code.
(b) A participant shall be considered permanently disabled only if:
(1) disability occurs while in service and is
of such a nature
as to prevent him or her from reasonably performing the duties of his
or her office at
the time; and (2) the board has received a written certificate by at
least 2 licensed physicians appointed by the board stating that the member is
disabled and that the disability is likely to be permanent.
(Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)
(40 ILCS 5/2-119.01) (from Ch. 108 1/2, par. 2-119.01)
Sec. 2-119.01. Retirement annuities - Amount.
(a) For a participant
in service after June 30, 1977 who has not made contributions to this System
after January 1, 1982, the annual retirement annuity is 3% for each of the
first 8 years of service, plus 4% for each of the next 4 years of service,
plus 5% for each year of service in excess of 12 years, based on the
participant's highest salary for annuity purposes. The maximum
retirement annuity payable
shall be 80% of the participant's highest salary for
annuity purposes.
(b) For a participant in service after June 30, 1977 who has made
contributions to this System on or after January 1, 1982, the annual
retirement annuity is 3% for each of the first 4 years of service, plus 3
1/2% for each of the next 2 years of service, plus 4% for each of the next
2 years of service, plus 4 1/2% for each of the next 4 years of service,
plus 5% for each year of service in excess of 12 years, of the
participant's highest salary for annuity purposes. The maximum retirement
annuity payable shall be 85% of the participant's highest
salary for annuity purposes.
(c) Notwithstanding any other provision of this Article, for a participant who first becomes a participant on or after January 1, 2011 (the effective date of Public Act 96-889), the annual
retirement annuity is 3% of the
participant's highest salary for annuity purposes for each year of service. The maximum retirement
annuity payable shall be 60% of the participant's highest
salary for annuity purposes.
(d) Notwithstanding any other provision of this Article, for a participant who first becomes a participant on or after January 1, 2011 (the effective date of Public Act 96-889) and who is retiring after attaining age 62 with at least 8 years of service credit, the retirement annuity shall be reduced by one-half
of 1% for each month that the member's age is under age 67.
(Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)
(40 ILCS 5/2-119.1) (from Ch. 108 1/2, par. 2-119.1)
(Text of Section WITH the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 2-119.1. Automatic increase in retirement annuity.
(a) Except as otherwise provided in this Section, a participant who retires after June 30, 1967, and who has not
received an initial increase under this Section before the effective date
of this amendatory Act of 1991, shall, in January or July next following
the first anniversary of retirement, whichever occurs first, and in the same
month of each year thereafter, but in no event prior to age 60, have the amount
of the originally granted retirement annuity increased as follows: for each
year through 1971, 1 1/2%; for each year from 1972 through 1979, 2%; and for
1980 and each year thereafter, 3%. Annuitants who have received an initial
increase under this subsection prior to the effective date of this amendatory
Act of 1991 shall continue to receive their annual increases in the same month
as the initial increase.
(a-1) Notwithstanding subsection (a), but subject to the provisions of subsection (a-2), for a Tier 1 retiree, all automatic increases payable under subsection (a) on or after the effective date of this amendatory Act of the 98th General Assembly shall be calculated as 3% of the lesser of (1) the total annuity
payable at the time of the increase, including previous
increases granted, or (2) $1,000 multiplied by the number of years of creditable service upon which the annuity is based.
Beginning January 1, 2016, the $1,000 referred to in item (2) of this subsection (a-1) shall be increased on each January 1 by the annual unadjusted percentage increase (but not less than zero) in the consumer price index-u for the 12 months ending with the preceding September; these adjustments shall be cumulative and compounded.
For the purposes of this subsection (a-1), "consumer price index-u" means the index published by the Bureau of Labor Statistics of the United States Department of Labor that measures the average change in prices of goods and services purchased by all urban consumers, United States city average, all items, 1982-84 = 100. The new dollar amount resulting from each annual adjustment shall be determined by the Public Pension Division of the Department of Insurance and made available to the System by November 1 of each year.
This subsection (a-1) is applicable without regard to whether the person is in service on or after the effective date of this amendatory Act of the 98th General Assembly.
(a-2) Notwithstanding subsections (a) and (a-1), for an active or inactive Tier 1 participant who has not begun to receive a retirement annuity under this Article before July 1, 2014:
For the purposes of Section 1-103.1, this subsection (a-2) is applicable without regard to whether the person is in service on or after the effective date of this amendatory Act of the 98th General Assembly.
(b) Beginning January 1, 1990, for eligible participants who remain
in service after attaining 20 years of creditable service, the increases
provided under subsection (a) shall begin to accrue on the January 1 next
following the date upon which the participant (1) attains age 55, or (2)
attains 20 years of creditable service, whichever occurs later, and shall
continue to accrue while the participant remains in service; such increases
shall become payable on January 1 or July 1, whichever occurs first, next
following the first anniversary of retirement. For any person who has service
credit in the System for the entire period from January 15, 1969 through
December 31, 1992, regardless of the date of termination of service, the
reference to age 55 in clause (1) of this subsection (b) shall be deemed to
mean age 50. The increases accruing under this subsection (b) after the effective date of this amendatory Act of the 98th General Assembly shall accrue at the rate provided in subsection (a-1).
This subsection (b) does not apply to any person who first becomes a
member of the System after the effective date of this amendatory Act of
the 93rd General Assembly.
(b-5) Notwithstanding any other provision of this Section, a participant who first becomes a participant on or after January 1, 2011 (the effective date of Public Act 96-889) shall, in January or July next following the first anniversary of retirement, whichever occurs first, and in the same month of each year thereafter, but in no event prior to age 67, have the amount of the retirement annuity then being paid increased by an amount calculated as a percentage of the originally granted retirement annuity, equal to 3% or one-half of the annual unadjusted percentage increase (but not less than zero) in the Consumer Price Index for All Urban Consumers for the 12 months ending with the preceding September, as determined by the Public Pension Division of the Department of Insurance and reported to the System by November 1 of each year, whichever is less.
The changes made to this subsection (b-5) by this amendatory Act of the 98th General Assembly shall apply to increases provided under this subsection on or after the effective date of this amendatory Act without regard to whether service
terminated before that effective date.
(c) The foregoing provisions relating to automatic increases are not
applicable to a participant who retires before having made contributions
(at the rate prescribed in Section 2-126) for automatic increases for less
than the equivalent of one full year. However, in order to be eligible for
the automatic increases, such a participant may make arrangements to pay
to the system the amount required to bring the total contributions for the
automatic increase to the equivalent of one year's contributions based upon
his or her last salary.
(d) A participant who terminated service prior to July 1, 1967, with at
least 14 years of service is entitled to an increase in retirement annuity
beginning January, 1976, and to additional increases in January of each
year thereafter.
The initial increase shall be 1 1/2% of the originally granted retirement
annuity multiplied by the number of full years that the annuitant was in
receipt of such annuity prior to January 1, 1972, plus 2% of the originally
granted retirement annuity for each year after that date. The subsequent
annual increases shall be at the rate of 2% of the originally granted
retirement annuity for each year through 1979 and at the rate of 3% for
1980 and thereafter. The increases provided under this subsection (d) on or after the effective date of this amendatory Act of the 98th General Assembly shall be at the rate provided in subsection (a-1), notwithstanding that service
terminated before that effective date.
(e) Except as may be provided in subsection (b-5), beginning January 1, 1990, all automatic annual increases payable
under this Section shall be calculated as a percentage of the total annuity
payable at the time of the increase, including previous increases granted
under this Article.
(Source: P.A. 98-599, eff. 6-1-14.)
(Text of Section WITHOUT the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 2-119.1. Automatic increase in retirement annuity.
(a) A participant who retires after June 30, 1967, and who has not
received an initial increase under this Section before the effective date
of this amendatory Act of 1991, shall, in January or July next following
the first anniversary of retirement, whichever occurs first, and in the same
month of each year thereafter, but in no event prior to age 60, have the amount
of the originally granted retirement annuity increased as follows: for each
year through 1971, 1 1/2%; for each year from 1972 through 1979, 2%; and for
1980 and each year thereafter, 3%. Annuitants who have received an initial
increase under this subsection prior to the effective date of this amendatory
Act of 1991 shall continue to receive their annual increases in the same month
as the initial increase.
(b) Beginning January 1, 1990, for eligible participants who remain
in service after attaining 20 years of creditable service, the 3% increases
provided under subsection (a) shall begin to accrue on the January 1 next
following the date upon which the participant (1) attains age 55, or (2)
attains 20 years of creditable service, whichever occurs later, and shall
continue to accrue while the participant remains in service; such increases
shall become payable on January 1 or July 1, whichever occurs first, next
following the first anniversary of retirement. For any person who has service
credit in the System for the entire period from January 15, 1969 through
December 31, 1992, regardless of the date of termination of service, the
reference to age 55 in clause (1) of this subsection (b) shall be deemed to
mean age 50.
This subsection (b) does not apply to any person who first becomes a
member of the System after the effective date of this amendatory Act of
the 93rd General Assembly.
(b-5) Notwithstanding any other provision of this Article, a participant who first becomes a participant on or after January 1, 2011 (the effective date of Public Act 96-889) shall, in January or July next following the first anniversary of retirement, whichever occurs first, and in the same month of each year thereafter, but in no event prior to age 67, have the amount of the retirement annuity then being paid increased by 3% or the annual unadjusted percentage increase in the Consumer Price Index for All Urban Consumers as determined by the Public Pension Division of the Department of Insurance under subsection (a) of Section 2-108.1, whichever is less.
(c) The foregoing provisions relating to automatic increases are not
applicable to a participant who retires before having made contributions
(at the rate prescribed in Section 2-126) for automatic increases for less
than the equivalent of one full year. However, in order to be eligible for
the automatic increases, such a participant may make arrangements to pay
to the system the amount required to bring the total contributions for the
automatic increase to the equivalent of one year's contributions based upon
his or her last salary.
(d) A participant who terminated service prior to July 1, 1967, with at
least 14 years of service is entitled to an increase in retirement annuity
beginning January, 1976, and to additional increases in January of each
year thereafter.
The initial increase shall be 1 1/2% of the originally granted retirement
annuity multiplied by the number of full years that the annuitant was in
receipt of such annuity prior to January 1, 1972, plus 2% of the originally
granted retirement annuity for each year after that date. The subsequent
annual increases shall be at the rate of 2% of the originally granted
retirement annuity for each year through 1979 and at the rate of 3% for
1980 and thereafter.
(e) Beginning January 1, 1990, all automatic annual increases payable
under this Section shall be calculated as a percentage of the total annuity
payable at the time of the increase, including previous increases granted
under this Article.
(Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)
(40 ILCS 5/2-120) (from Ch. 108 1/2, par. 2-120)
Sec. 2-120.
Reversionary annuity.
(a) Prior to retirement, a participant may elect to take a reduced
retirement annuity and provide, with the actuarial value of the
amount of the reduction in annuity, a reversionary annuity
for a spouse, parent, child, brother or sister. The option shall be
exercised by the filing of a written designation with the board prior to
retirement, and may be revoked by the participant at any
time before retirement.
The death of the participant or the designated
reversionary annuitant
prior to the participant's retirement shall automatically
void this option. If
the reversionary annuitant dies after the participant's
retirement, the reduced
annuity being paid to the retired participant shall remain
unchanged and no
reversionary annuity shall be payable.
(b) A reversionary
annuity shall not be payable if the participant
dies before the expiration of 2 years
from the date the written designation was filed with the board even though
he or she had retired and was receiving a reduced retirement annuity under this
option.
(c) A reversionary annuity shall begin on the first day of the month
following the death of the annuitant and
continue until the death of the reversionary annuitant.
(d) For a member electing to take a reduced annuity under this Section,
the automatic increases provided in Section 2-119.1 shall be
applied to
the amount of the reduced retirement annuity.
(Source: P.A. 90-655, eff. 7-30-98.)
(40 ILCS 5/2-121) (from Ch. 108 1/2, par. 2-121)
Sec. 2-121. Survivor's annuity - conditions for payment.
(a) A survivor's annuity shall be payable to a surviving spouse or
eligible child (1) upon the death in service of a participant with at least
2 years of service credit, or (2) upon the death of an annuitant in receipt
of a retirement annuity, or (3) upon the death of a participant who terminated
service with at least 4 years of service credit.
The change in this subsection (a) made by this amendatory Act of 1995
applies to survivors of participants who die on or after December 1, 1994,
without regard to whether or not the participant was in service on or after
the effective date of this amendatory Act of 1995.
(b) To be eligible for the survivor's annuity, the spouse and the
participant or annuitant must have been married for a continuous period of at
least one year immediately preceding the date of death, but need not have
been married on the day of the participant's last termination of service,
regardless of whether such termination occurred prior to the effective date
of this amendatory Act of 1985.
(c) The annuity shall be payable beginning on the date of a
participant's death, or the first of the month following an annuitant's
death, if the spouse is then age 50 or over, or beginning at age 50 if the
spouse is then under age 50. If an eligible child or children of the
participant or annuitant (or a child or children of the eligible spouse
meeting the criteria of item (1), (2), or (3) of subsection (d) of this
Section) also survive, and the child or children are under
the care of the eligible spouse, the annuity shall begin as of the date of
a participant's death, or the first of the month following an annuitant's
death, without regard to the spouse's age.
The change to this subsection made by this amendatory Act of 1998
(relating to children of an eligible spouse) applies to the eligible spouse
of a participant or annuitant who dies on or after the effective date of this
amendatory Act, without regard to whether the participant or annuitant is in
service on or after that effective date.
(c-5) Upon the death in service of a participant during the 90th General Assembly, the survivor's annuity shall be payable prior to age 50, notwithstanding subsection (c) of this Section, provided that the deceased participant had at least 6 years of service. This subsection (c-5) applies to the eligible spouse of a deceased participant without regard to whether the deceased participant was in service on or after the effective date of this amendatory Act of the 96th General Assembly, and retroactive benefits may be paid for periods of eligibility after February 28, 2009.
(d) For the purposes of this Section and Section 2-121.1, "eligible child"
means a child of the deceased participant or annuitant
who is at least one of the following:
The inclusion of unmarried students under age 22 in the calculation of
survivor's annuities by this amendatory Act of 1991 shall apply to all
eligible students beginning January 1, 1992, without regard to whether the
deceased participant or annuitant was in service on or after the effective
date of this amendatory Act of 1991.
(e) Remarriage of a surviving spouse prior to attainment of age 55
shall disqualify the surviving spouse from the receipt of a survivor's
annuity, if the remarriage occurs before the effective date of this
amendatory Act of the 91st General Assembly.
The changes made to this subsection by this amendatory Act of the 91st
General Assembly (pertaining to remarriage prior to age 55) apply without
regard to whether the deceased participant or annuitant was in service on or
after the effective date of this amendatory Act.
(Source: P.A. 95-279, eff. 1-1-08; 96-775, eff. 8-28-09.)
(40 ILCS 5/2-121.1) (from Ch. 108 1/2, par. 2-121.1)
Sec. 2-121.1. Survivor's annuity - amount.
(a) A surviving spouse shall be entitled to 66 2/3% of the amount of
retirement annuity to which the participant or annuitant was entitled on
the date of death, without regard to whether the participant had attained
age 55 prior to his or her death, subject to a minimum payment of 10% of
salary. If a surviving spouse, regardless of age, has in his or her care
at the date of death any eligible child or children of the participant, the
survivor's annuity shall be the greater of the following: (1) 66 2/3% of
the amount of retirement annuity to which the participant or annuitant was
entitled on the date of death, or (2) 30% of the participant's salary
increased by 10% of salary on account of each such child, subject to a
total payment for the surviving spouse and children of 50% of salary. If
eligible children survive but there is no surviving spouse, or if the
surviving spouse dies or becomes disqualified by
remarriage while eligible children survive, each
eligible child shall be entitled to an annuity of 20% of salary, subject
to a maximum total payment for all such children of 50% of salary.
However, the survivor's annuity payable under this Section shall not be
less than 100% of the amount of retirement annuity to which the participant
or annuitant was entitled on the date of death, if he or she is survived by
a dependent disabled child.
The salary to be used for determining these benefits shall be the
salary used for determining the amount of retirement annuity as provided
in Section 2-119.01.
(b) Upon the death of a participant after the termination of service or
upon death of an annuitant, the maximum total payment to a surviving spouse
and eligible children, or to eligible children alone if there is no surviving
spouse, shall be 75% of the retirement annuity to which the participant
or annuitant was entitled, unless there is a dependent disabled child
among the survivors.
(c) When a child ceases to be an eligible child, the annuity to that
child, or to the surviving spouse on account of that child, shall thereupon
cease, and the annuity payable to the surviving spouse or other eligible
children shall be recalculated if necessary.
Upon the ineligibility of the last eligible child, the annuity shall
immediately revert to the amount payable upon death of a participant or
annuitant who leaves no eligible children. If the surviving spouse is then
under age 50, the annuity as revised shall be deferred until the attainment
of age 50.
(d) Beginning January 1, 1990, every survivor's annuity shall be increased
(1) on each January 1 occurring on or after the commencement of the annuity if
the deceased member died while receiving a retirement annuity, or (2) in
other cases, on each January 1 occurring on or after the first anniversary
of the commencement of the annuity, by an amount equal to 3% of the current
amount of the annuity, including any previous increases under this Article.
Such increases shall apply without regard to whether the deceased member
was in service on or after the effective date of this amendatory Act of
1991, but shall not accrue for any period prior to January 1, 1990.
(d-5) Notwithstanding any other provision of this Article, the initial survivor's annuity of a survivor of a participant who first becomes a participant on or after January 1, 2011 (the effective date of Public Act 96-889) shall be in the amount of 66 2/3% of the amount of the retirement annuity to which the participant or annuitant was entitled on the date of death and shall be increased (1) on each January 1 occurring on or after the commencement of the annuity if
the deceased member died while receiving a retirement annuity or (2) in
other cases, on each January 1 occurring on or after the first anniversary
of the commencement of the annuity, by an amount equal to 3% or the annual unadjusted percentage increase in the Consumer Price Index for All Urban Consumers as determined by the Public Pension Division of the Department of Insurance under subsection (a) of Section 2-108.1, whichever is less, of the survivor's annuity then being paid.
(e) Notwithstanding any other provision of this Article, beginning
January 1, 1990, the minimum survivor's annuity payable to any person who
is entitled to receive a survivor's annuity under this Article shall be
$300 per month, without regard to whether or not the deceased participant
was in service on the effective date of this amendatory Act of 1989.
(f) In the case of a proportional survivor's annuity arising under
the Retirement Systems Reciprocal Act where the amount payable by the
System on January 1, 1993 is less than $300 per month, the amount payable
by the System shall be increased beginning on that date by a monthly amount
equal to $2 for each full year that has expired since the annuity began.
(Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)
(40 ILCS 5/2-121.2) (from Ch. 108 1/2, par. 2-121.2)
Sec. 2-121.2.
Reduction of disability and survivor's benefits for
corresponding
benefits payable under Workers' Compensation and Workers' Occupational Diseases
Acts. Whenever a person is entitled to a disability or survivor's benefit
under this Article and to benefits under the Workers' Compensation Act or
the Workers' Occupational Diseases Act for the same injury or disease, the
benefits payable under this Article shall be reduced by the amount of benefits
payable under either of those Acts. There shall be no reduction, however,
for payments for medical, surgical and hospital services, non-medical remedial
care and treatment rendered in accordance with a religious method of healing
recognized by the laws of this State, and for artificial appliances, and
fixed statutory payments for the loss of or the permanent and complete loss
of the use of any bodily member. If the benefits deductible under this
Section are stated in a weekly amount, the monthly amount for the purposes
of this Section shall be 4 1/3 times the weekly amount.
(Source: P.A. 83-1440.)
(40 ILCS 5/2-121.3) (from Ch. 108 1/2, par. 2-121.3)
Sec. 2-121.3. Required distributions.
(a) A person who would be
eligible to receive a survivor's annuity under this Article but for the
fact that the person has not yet attained age 50, shall be eligible for a
monthly distribution under this subsection (a), provided that the payment
of such distribution is required by federal law.
The distribution shall become payable on (i) July 1, 1987, (ii) December
1 of the calendar year immediately following the calendar year in which the
deceased spouse died, or (iii) December 1 of the calendar year in which the
deceased spouse would have attained age 72, whichever occurs last, and
shall remain payable until the first of the following to occur: (1) the
person becomes eligible to receive a survivor's annuity under this Article;
(2) the end of the month in which the person ceases to be eligible to
receive a survivor's annuity upon attainment of age 50, due to remarriage
or death; or (3) the end of the month in which such distribution ceases to
be required by federal law.
The amount of the distribution shall be fixed at the time the
distribution first becomes payable, and shall be calculated in the same
manner as a survivor's annuity under Sections 2-121, 2-121.1 and 2-121.2,
but excluding: (A) any requirement for an application for the distribution;
(B) any automatic annual increases, supplemental increases, or one-time
increases that may be provided by law for survivor's annuities; and (C) any
lump-sum or death benefit.
(b) For the purpose of this Section, a distribution shall be deemed to be
required by federal law if: (1) directly mandated by federal statute, rule,
or administrative or court decision; or (2) indirectly mandated through
imposition of substantial tax or other penalties for noncompliance.
(c) Notwithstanding Section 1-103.1 of this Code, a member need not be
in service on or after the effective date of this amendatory Act of 1989
for the member's surviving spouse to be eligible for a
distribution under this Section.
(Source: P.A. 102-210, eff. 7-30-21.)
(40 ILCS 5/2-122) (from Ch. 108 1/2, par. 2-122)
Sec. 2-122. Re-entry after retirement. An annuitant who re-enters service as a member shall become a
participant on the date of re-entry and retirement annuity
payments shall cease at that time. The participant shall resume contributions
to the system on the date of re-entry at the rates then in effect and shall
begin to accrue additional service credit. He or she shall be entitled
to all rights
and privileges in the system, including death and disability benefits,
subject to the limitations herein provided, except refund of retirement
annuity contributions.
Upon subsequent retirement, the participant shall be entitled
to a retirement
annuity consisting of: (1) the amount of retirement annuity previously
granted and terminated by re-entry into service; and (2) the
amount of additional retirement annuity earned during the
additional service based on the provisions in effect at the date of such subsequent
retirement. However, the total retirement annuity shall not
exceed the maximum retirement annuity applicable
at the date of the participant's last
retirement. If the salary
of the participant following the latest re-entry
into service is higher than
that in effect at the date of the previous retirement and the
participant
restores to the system all amounts previously received as
retirement annuity payments, upon subsequent
retirement, the retirement annuity shall be recalculated
for all service credited under the system as though the participant
had not previously retired.
The repayment of retirement annuity payments
must be made by
the participant in a single sum or by a withholding from
salary
within a period of 6 years from date of re-entry and in any event before
subsequent retirement. If previous annuity payments have not been repaid
to the system at the date of death of the participant,
any remaining
balance must be fully repaid to the system before any further annuity
shall be payable.
Such member, if unmarried at date of his last retirement, shall also
be entitled to a refund of widow's and widower's annuity contributions,
without interest, covering the period from the date of re-entry into
service to the date of last retirement.
Notwithstanding any other provision of this Article, if a person who first becomes a participant under this System on or after January 1, 2011 (the effective date of Public Act 96-889) is receiving a retirement annuity under this Article and becomes a member or participant under this Article or any other Article of this Code and is employed on a full-time basis, then the person's retirement annuity under this System shall be suspended during that employment. Upon termination of that employment, the person's retirement annuity shall resume and, if appropriate, be recalculated under the applicable provisions of this Article.
(Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)
(40 ILCS 5/2-123) (from Ch. 108 1/2, par. 2-123)
Sec. 2-123.
Refunds.
(a) A participant who ceases to be a member, other than an annuitant, shall,
upon written request, receive a refund of his or her total contributions,
without interest. The refund shall include the additional contributions for
the automatic increase in retirement annuity. By accepting the refund, a
participant forfeits all accrued rights and benefits in the System and loses
credit for all service. However, if he or she again becomes a member, he or
she may resume status as a participant and reestablish any forfeited service
credit by paying to the System the full amount refunded, together with interest
at 4% per annum from the time the refund is paid to the date the member again
becomes a participant.
A former member of the General Assembly may reestablish any service
credit forfeited by acceptance of a refund by paying to the System on or
before February 1, 1993, the full amount refunded, together with interest at
4% per annum from the date of payment of the refund to the date of repayment.
When a member or former member owes money to the System, interest at
the rate of 4% per annum shall accrue and be payable on such amounts owed
beginning on the date of termination of service as a member until the
contributions due have been paid in full.
(b) A participant who (1) has elected to cease making contributions for
survivor's annuity under subsection (b) of Section 2-126, (2) has no eligible
survivor's annuity beneficiary upon becoming an annuitant,
or (3) terminates service with less than 8 years of service is
entitled to a refund of the contributions for a survivor's annuity, without
interest. If the person later marries, a survivor's annuity shall
not be payable upon his or her death, unless the amount of the
refund is repaid to the System, together with interest at the rate of 4% per
year from the date of refund to the date of repayment.
(c) If at the date of retirement or death of a participant who
served as an officer of the General Assembly, the total period of
such service is less than 4 years, the additional contributions made
by such member on the additional salary as an officer shall be refunded
unless the participant served as an officer for at least 2 years and has
contributed the amount he or she would have contributed if he or she had
served as an officer for 4 years as provided in Section 2-126.
(d) Upon the termination of the last survivor's annuity payable to a
survivor of a deceased participant, the excess, if any, of the total
contributions made by the participant for retirement and survivor's annuity,
without interest, over the total amount of retirement and survivor's annuity
payments received by the participant and the participant's survivors shall be
refunded upon request:
(e) Upon the death of a participant, if a survivor's annuity is not
payable under this Article, a beneficiary designated by the participant
shall be entitled to a refund of all contributions made by the participant.
If the participant has not designated a refund beneficiary, the surviving
spouse shall be entitled to the refund of contributions; if there is no
surviving spouse, the contributions shall be refunded to
the participant's surviving children, if any, and if no children
survive, the refund payment shall be made to the participant's estate.
(Source: P.A. 90-448, eff. 8-16-97; 90-766, eff. 8-14-98.)
(40 ILCS 5/2-124) (from Ch. 108 1/2, par. 2-124)
Sec. 2-124. Contributions by State.
(a) The State shall make contributions to the System by
appropriations of amounts which, together with the contributions of
participants, interest earned on investments, and other income
will meet the cost of maintaining and administering the System on a 90%
funded basis in accordance with actuarial recommendations.
(b) The Board shall determine the amount of State
contributions required for each fiscal year on the basis of the
actuarial tables and other assumptions adopted by the Board and the
prescribed rate of interest, using the formula in subsection (c).
(c) For State fiscal years 2012 through 2045, the minimum contribution
to the System to be made by the State for each fiscal year shall be an amount
determined by the System to be sufficient to bring the total assets of the
System up to 90% of the total actuarial liabilities of the System by the end of
State fiscal year 2045. In making these determinations, the required State
contribution shall be calculated each year as a level percentage of payroll
over the years remaining to and including fiscal year 2045 and shall be
determined under the projected unit credit actuarial cost method.
A change in an actuarial or investment assumption that increases or
decreases the required State contribution and first
applies in State fiscal year 2018 or thereafter shall be
implemented in equal annual amounts over a 5-year period
beginning in the State fiscal year in which the actuarial
change first applies to the required State contribution.
A change in an actuarial or investment assumption that increases or
decreases the required State contribution and first
applied to the State contribution in fiscal year 2014, 2015, 2016, or 2017 shall be
implemented:
For State fiscal years 1996 through 2005, the State contribution to
the System, as a percentage of the applicable employee payroll, shall be
increased in equal annual increments so that by State fiscal year 2011, the
State is contributing at the rate required under this Section.
Notwithstanding any other provision of this Article, the total required State
contribution for State fiscal year 2006 is $4,157,000.
Notwithstanding any other provision of this Article, the total required State
contribution for State fiscal year 2007 is $5,220,300.
For each of State fiscal years 2008 through 2009, the State contribution to
the System, as a percentage of the applicable employee payroll, shall be
increased in equal annual increments from the required State contribution for State fiscal year 2007, so that by State fiscal year 2011, the
State is contributing at the rate otherwise required under this Section.
Notwithstanding any other provision of this Article, the total required State contribution for State fiscal year 2010 is $10,454,000 and shall be made from the proceeds of bonds sold in fiscal year 2010 pursuant to Section 7.2 of the General Obligation Bond Act, less (i) the pro rata share of bond sale expenses determined by the System's share of total bond proceeds, (ii) any amounts received from the General Revenue Fund in fiscal year 2010, and (iii) any reduction in bond proceeds due to the issuance of discounted bonds, if applicable.
Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2011 is
the amount recertified by the System on or before April 1, 2011 pursuant to Section 2-134 and shall be made from the proceeds of bonds sold
in fiscal year 2011 pursuant to Section 7.2 of the General
Obligation Bond Act, less (i) the pro rata share of bond sale
expenses determined by the System's share of total bond
proceeds, (ii) any amounts received from the General Revenue
Fund in fiscal year 2011, and (iii) any reduction in bond
proceeds due to the issuance of discounted bonds, if
applicable.
Beginning in State fiscal year 2046, the minimum State contribution for
each fiscal year shall be the amount needed to maintain the total assets of
the System at 90% of the total actuarial liabilities of the System.
Amounts received by the System pursuant to Section 25 of the Budget Stabilization Act or Section 8.12 of the State Finance Act in any fiscal year do not reduce and do not constitute payment of any portion of the minimum State contribution required under this Article in that fiscal year. Such amounts shall not reduce, and shall not be included in the calculation of, the required State contributions under this Article in any future year until the System has reached a funding ratio of at least 90%. A reference in this Article to the "required State contribution" or any substantially similar term does not include or apply to any amounts payable to the System under Section 25 of the Budget Stabilization Act.
Notwithstanding any other provision of this Section, the required State
contribution for State fiscal year 2005 and for fiscal year 2008 and each fiscal year thereafter, as
calculated under this Section and
certified under Section 2-134, shall not exceed an amount equal to (i) the
amount of the required State contribution that would have been calculated under
this Section for that fiscal year if the System had not received any payments
under subsection (d) of Section 7.2 of the General Obligation Bond Act, minus
(ii) the portion of the State's total debt service payments for that fiscal
year on the bonds issued in fiscal year 2003 for the purposes of that Section 7.2, as determined
and certified by the Comptroller, that is the same as the System's portion of
the total moneys distributed under subsection (d) of Section 7.2 of the General
Obligation Bond Act. In determining this maximum for State fiscal years 2008 through 2010, however, the amount referred to in item (i) shall be increased, as a percentage of the applicable employee payroll, in equal increments calculated from the sum of the required State contribution for State fiscal year 2007 plus the applicable portion of the State's total debt service payments for fiscal year 2007 on the bonds issued in fiscal year 2003 for the purposes of Section 7.2 of the General
Obligation Bond Act, so that, by State fiscal year 2011, the
State is contributing at the rate otherwise required under this Section.
(d) For purposes of determining the required State contribution to the System, the value of the System's assets shall be equal to the actuarial value of the System's assets, which shall be calculated as follows:
As of June 30, 2008, the actuarial value of the System's assets shall be equal to the market value of the assets as of that date. In determining the actuarial value of the System's assets for fiscal years after June 30, 2008, any actuarial gains or losses from investment return incurred in a fiscal year shall be recognized in equal annual amounts over the 5-year period following that fiscal year.
(e) For purposes of determining the required State contribution to the system for a particular year, the actuarial value of assets shall be assumed to earn a rate of return equal to the system's actuarially assumed rate of return.
(Source: P.A. 100-23, eff. 7-6-17.)
(40 ILCS 5/2-125) (from Ch. 108 1/2, par. 2-125)
(Text of Section WITH the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 2-125. Obligations of State; funding guarantee.
(a) The payment of (1) the required State contributions, (2) all benefits
granted under this system and (3) all expenses of administration and
operation are obligations of the State to the extent specified in this
Article.
(b) All income, interest and dividends derived from deposits and investments
shall be credited to the account of the system in the State Treasury and
used to pay benefits under this Article.
(c) Beginning July 1, 2014, the State shall be obligated to contribute to the System in each State fiscal year an amount not less than the sum of (i) the State's normal cost for the year and (ii) the portion of the unfunded accrued liability assigned to that year by law. Notwithstanding any other provision of law, if the State fails to pay an amount required under this subsection, it shall be the obligation of the Board to seek payment of the required amount in compliance with the provisions of this Section and, if the amount remains unpaid, to bring a mandamus action in the Supreme Court of Illinois to compel the State to make the required payment.
If the System submits a voucher for contributions required under Section 2-124 and the State fails to pay that voucher within 90 days of its receipt, the Board shall submit a written request to the Comptroller seeking payment. A copy of the request shall be filed with the Secretary of State, and the Secretary of State shall provide a copy to the Governor and General Assembly. No earlier than the 16th day after the System files the request with the Comptroller and Secretary of State, if the amount remains unpaid the Board shall commence a mandamus action in the Supreme Court of Illinois to compel the Comptroller to satisfy the voucher.
This subsection (c) constitutes an express waiver of the State's sovereign immunity solely to the extent that it permits the Board to commence a mandamus action in the Supreme Court of Illinois to compel the Comptroller to pay a voucher for the contributions required under Section 2-124.
(d) Beginning in State fiscal year 2016, the State shall be obligated to make the transfers set forth in subsections (c-5) and (c-10) of Section 20 of the Budget Stabilization Act and to pay to the System its proportionate share of the transferred amounts in accordance with Section 25 of the Budget Stabilization Act. Notwithstanding any other provision of law, if the State fails to transfer an amount required under this subsection or to pay to the System its proportionate share of the transferred amount in accordance with Section 25 of the Budget Stabilization Act, it shall be the obligation of the Board to seek transfer or payment of the required amount in compliance with the provisions of this Section and, if the required amount remains untransferred or the required payment remains unpaid, to bring a mandamus action in the Supreme Court of Illinois to compel the State to make the required transfer or payment or both, as the case may be.
If the State fails to make a transfer required under subsection (c-5) or (c-10) of Section 20 of the Budget Stabilization Act or a payment to the System required under Section 25 of that Act, the Board shall submit a written request to the Comptroller seeking payment. A copy of the request shall be filed with the Secretary of State, and the Secretary of State shall provide a copy to the Governor and General Assembly. No earlier than the 16th day after the System files the request with the Comptroller and Secretary of State, if the required amount remains untransferred or the required payment remains unpaid, the Board shall commence a mandamus action in the Supreme Court of Illinois to compel the Comptroller to make the required transfer or payment or both, as the case may be.
This subsection (d) constitutes an express waiver of the State's sovereign immunity solely to the extent that it permits the Board to commence a mandamus action in the Supreme Court of Illinois to compel the Comptroller to make a transfer required under subsection (c-5) or (c-10) of Section 20 of the Budget Stabilization Act and to pay to the System its proportionate share of the transferred amount in accordance with Section 25 of the Budget Stabilization Act.
The obligations created by this subsection (d) expire when all of the requirements of subsections (c-5) and (c-10) of Section 20 of the Budget Stabilization Act and Section 25 of the Budget Stabilization Act have been met.
(e) Any payments and transfers required to be made by the State pursuant to subsection (c) or (d) are expressly subordinate to the payment of the principal, interest, and premium, if any, on any bonded debt obligation of the State or any other State-created entity, either currently outstanding or to be issued, for which the source of repayment or security thereon is derived directly or indirectly from tax revenues collected by the State or any other State-created entity. Payments on such bonded obligations include any statutory fund transfers or other prefunding mechanisms or formulas set forth, now or hereafter, in State law or bond indentures, into debt service funds or accounts of the State related to such bond obligations, consistent with the payment schedules associated with such obligations.
(Source: P.A. 98-599, eff. 6-1-14.)
(Text of Section WITHOUT the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 2-125. Obligations of State. The payment of (1) the required State contributions, (2) all benefits
granted under this system and (3) all expenses of administration and
operation are obligations of the State to the extent specified in this
Article.
All income, interest and dividends derived from deposits and investments
shall be credited to the account of the system in the State Treasury and
used to pay benefits under this Article.
(Source: P.A. 83-1440.)
(40 ILCS 5/2-126) (from Ch. 108 1/2, par. 2-126)
(Text of Section WITH the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 2-126. Contributions by participants.
(a) Each participant shall contribute toward the cost of his or her
retirement annuity a percentage of each payment of salary received by him or
her for service as a member as follows: for service between October 31, 1947
and January 1, 1959, 5%; for service between January 1, 1959 and June 30, 1969,
6%; for service between July 1, 1969 and January 10, 1973, 6 1/2%; for service
after January 10, 1973, 7%; for service after December 31, 1981, 8 1/2%.
(b) Beginning August 2, 1949, each male participant, and from July 1,
1971, each female participant shall contribute towards the cost of the
survivor's annuity 2% of salary.
A participant who has no eligible survivor's annuity beneficiary may elect
to cease making contributions for survivor's annuity under this subsection.
A survivor's annuity shall not be payable upon the death of a person who has
made this election, unless prior to that death the election has been revoked
and the amount of the contributions that would have been paid under this
subsection in the absence of the election is paid to the System, together
with interest at the rate of 4% per year from the date the contributions
would have been made to the date of payment.
(c) Beginning July 1, 1967 and, in the case of Tier 1 participants, ending on June 30, 2014, each participant shall contribute 1% of
salary towards the cost of automatic increase in annuity provided in
Section 2-119.1. These contributions shall be made concurrently with
contributions for retirement annuity purposes.
(d) In addition, each participant serving as an officer of the General
Assembly shall contribute, for the same purposes and at the same rates
as are required of a regular participant, on each additional payment
received as an officer. If the participant serves as an
officer for at least 2 but less than 4 years, he or she shall
contribute an amount equal to the amount that would have been contributed
had the participant served as an officer for 4 years. Persons who serve
as officers in the 87th General Assembly but cannot receive the additional
payment to officers because of the ban on increases in salary during their
terms may nonetheless make contributions based on those additional payments
for the purpose of having the additional payments included in their highest
salary for annuity purposes; however, persons electing to make these
additional contributions must also pay an amount representing the
corresponding employer contributions, as calculated by the System.
(e) Notwithstanding any other provision of this Article, the required contribution of a participant who first becomes a participant on or after January 1, 2011 shall not exceed the contribution that would be due under this Article if that participant's highest salary for annuity purposes were $106,800, plus any increases in that amount under Section 2-108.1.
(Source: P.A. 98-599, eff. 6-1-14.)
(Text of Section WITHOUT the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 2-126. Contributions by participants.
(a) Each participant shall contribute toward the cost of his or her
retirement annuity a percentage of each payment of salary received by him or
her for service as a member as follows: for service between October 31, 1947
and January 1, 1959, 5%; for service between January 1, 1959 and June 30, 1969,
6%; for service between July 1, 1969 and January 10, 1973, 6 1/2%; for service
after January 10, 1973, 7%; for service after December 31, 1981, 8 1/2%.
(b) Beginning August 2, 1949, each male participant, and from July 1,
1971, each female participant shall contribute towards the cost of the
survivor's annuity 2% of salary.
A participant who has no eligible survivor's annuity beneficiary may elect
to cease making contributions for survivor's annuity under this subsection.
A survivor's annuity shall not be payable upon the death of a person who has
made this election, unless prior to that death the election has been revoked
and the amount of the contributions that would have been paid under this
subsection in the absence of the election is paid to the System, together
with interest at the rate of 4% per year from the date the contributions
would have been made to the date of payment.
(c) Beginning July 1, 1967, each participant shall contribute 1% of
salary towards the cost of automatic increase in annuity provided in
Section 2-119.1. These contributions shall be made concurrently with
contributions for retirement annuity purposes.
(d) In addition, each participant serving as an officer of the General
Assembly shall contribute, for the same purposes and at the same rates
as are required of a regular participant, on each additional payment
received as an officer. If the participant serves as an
officer for at least 2 but less than 4 years, he or she shall
contribute an amount equal to the amount that would have been contributed
had the participant served as an officer for 4 years. Persons who serve
as officers in the 87th General Assembly but cannot receive the additional
payment to officers because of the ban on increases in salary during their
terms may nonetheless make contributions based on those additional payments
for the purpose of having the additional payments included in their highest
salary for annuity purposes; however, persons electing to make these
additional contributions must also pay an amount representing the
corresponding employer contributions, as calculated by the System.
(e) Notwithstanding any other provision of this Article, the required contribution of a participant who first becomes a participant on or after January 1, 2011 shall not exceed the contribution that would be due under this Article if that participant's highest salary for annuity purposes were $106,800, plus any increases in that amount under Section 2-108.1.
(Source: P.A. 96-1490, eff. 1-1-11.)
(40 ILCS 5/2-126.1) (from Ch. 108 1/2, par. 2-126.1)
Sec. 2-126.1.
Pickup of contributions.
(a) The State shall pick up the participant contributions
required under Section 2-126 for all salary
earned after December 31, 1981. The contributions so picked
up shall be treated as employer contributions in determining tax treatment
under the United States Internal Revenue Code. The State shall pay these
participant contributions from the same source of funds which is used in
paying salary to the participant. The State may pick up these
contributions by a reduction in the cash salary of the participant.
If participant contributions are picked up
they shall be treated for all purposes of this Article 2 in the same manner
as participant contributions that were made prior to the date that the
pick up of contributions began.
(b) Subject to the requirements of federal law, a participant may elect to
have the employer pick up optional contributions that the participant has
elected to pay to the System, and the contributions so picked up shall be
treated as employer contributions for the purposes of determining federal tax
treatment. The employer shall pick up the contributions by a reduction in the
cash salary of the participant and shall pay the contributions from the same
fund that is used to pay earnings to the participant.
The election to have optional contributions picked up is irrevocable and the
optional contributions may not thereafter be prepaid, by direct payment or
otherwise. If the provision authorizing the optional contribution requires
payment by a stated date (rather than the date of withdrawal or retirement),
that requirement shall be deemed to have been satisfied if (i) on or before the
stated date the participant executes a valid irrevocable election to have the
contributions picked up under this subsection, and (ii) the picked-up
contributions are in fact paid to the System as provided in the election.
(Source: P.A. 90-448, eff. 8-16-97; 90-766, eff. 8-14-98.)
(40 ILCS 5/2-126.5)
(This Section was added by P.A. 98-599, which has been held unconstitutional)
Sec. 2-126.5. Use of contributions for health care subsidies. The System shall not use any contribution received by the System under this Article to provide a subsidy for the cost of participation in a retiree health care program.
(Source: P.A. 98-599, eff. 6-1-14.)
(40 ILCS 5/2-127) (from Ch. 108 1/2, par. 2-127)
Sec. 2-127. Board created. The system shall be administered by a board
of trustees of 7 members as follows: 3 members of the
Senate appointed by the President; 3 members of the House of
Representatives appointed by the Speaker; and one person elected
from the member annuitants under rules prescribed by the board. Only
participants are eligible to serve as board members. Not more
than 2 members of the House of Representatives, and not more than 2 members
of the Senate so appointed shall be of the same political party. Appointed
board members shall serve for 2-year terms. If the office of President of
the Senate or Speaker of the House is vacant or its incumbent is not
a participant, the position of trustee otherwise occupied by such officers
shall be deemed vacant and be filled by appointment by the Governor with a
member of the Senate or the House, as the case may be. This appointment
shall be of the same political party as the vacated position.
Elections for the annuitant member shall be held in January of 1993 and
every fourth year thereafter. Nominations and
elections shall be conducted in accordance with such procedures as the
Board may prescribe. In the event that only one eligible person is
nominated, the Board may declare the nominee elected at the close of the
nomination period, and need not conduct an election. The annuitant member
elected in 1989 shall serve for a term of 4 years beginning February 1,
1989; thereafter, an annuitant member shall serve for a period of
4 years from the February 1st immediately following the date
of election, and until a successor is elected and qualified.
Every person designated to serve as a trustee shall take an oath of
office and shall thereupon qualify as a trustee. The oath shall state that
the person will diligently and honestly administer the affairs of the
system, and will not knowingly violate or wilfully permit the violation of
any of the provisions of this Article.
(Source: P.A. 101-307, eff. 8-9-19.)
(40 ILCS 5/2-128) (from Ch. 108 1/2, par. 2-128)
Sec. 2-128.
Board vacancy.
A vacancy in the office of an appointed or ex-officio member occurring
during the session of the General Assembly shall be filled by appointment
for the unexpired term in the manner provided in Section
2-127 for the initial selection of such members. A vacancy occurring during the
interim recess of the General Assembly shall be filled by the Governor for
the unexpired term.
An annuitant trustee shall be disqualified to serve as trustee upon
removal of his or her permanent residence from the State of Illinois.
A vacancy in the office of an annuitant member shall be
filled for the unexpired term by the remaining members of the board.
(Source: P.A. 83-1440.)
(40 ILCS 5/2-129) (from Ch. 108 1/2, par. 2-129)
Sec. 2-129.
Board voting.
Each trustee is entitled to one vote on any action of the board.
Not less than 4 concurring votes shall be necessary for action by the board at
any meeting. No decision or action shall be effective unless so approved by
the board.
(Source: P.A. 83-1440.)
(40 ILCS 5/2-130) (from Ch. 108 1/2, par. 2-130)
Sec. 2-130.
Board powers and duties.
The board shall have the powers and duties stated in Sections 2-131 through
2-143, in addition to the other powers
and duties provided in this Article.
(Source: P.A. 83-1440.)
(40 ILCS 5/2-131) (from Ch. 108 1/2, par. 2-131)
Sec. 2-131.
To hold meetings.
To hold regular meetings at least
twice in each year, and special meetings at such times as are deemed
necessary by the board. At least 10 days' notice of each meeting shall be
given to each trustee. All meetings shall be open to the public and shall
be held in the office of the board.
(Source: P.A. 86-273.)
(40 ILCS 5/2-132) (from Ch. 108 1/2, par. 2-132)
Sec. 2-132.
To authorize payments.
To consider and pass on all applications for annuities and refunds; to
authorize the granting of all annuities and refunds; to suspend any
payment or payments, all in accordance with this Article.
(Source: P.A. 83-1440.)
(40 ILCS 5/2-133) (from Ch. 108 1/2, par. 2-133)
Sec. 2-133.
To certify interest rate and adopt actuarial tables.
To certify in the records of the board the prescribed interest rate, and
to adopt all necessary actuarial tables in accordance with recommendations
of the actuary.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/2-134)
(from Ch. 108 1/2, par. 2-134)
Sec. 2-134. To certify required State contributions and submit vouchers.
(a) The Board shall certify to the Governor on or before December 15 of each
year until December 15, 2011 the amount of the required State contribution to the System for the next
fiscal year and shall specifically identify the System's projected State normal cost for that fiscal year. The certification shall include a copy of the actuarial
recommendations upon which it is based and shall specifically identify the System's projected State normal cost for that fiscal year.
On or before November 1 of each year, beginning November 1, 2012, the Board shall submit to the State Actuary, the Governor, and the General Assembly a proposed certification of the amount of the required State contribution to the System for the next fiscal year, along with all of the actuarial assumptions, calculations, and data upon which that proposed certification is based. On or before January 1 of each year beginning January 1, 2013, the State Actuary shall issue a preliminary report concerning the proposed certification and identifying, if necessary, recommended changes in actuarial assumptions that the Board must consider before finalizing its certification of the required State contributions. On or before January 15, 2013 and every January 15 thereafter, the Board shall certify to the Governor and the General Assembly the amount of the required State contribution for the next fiscal year. The Board's certification must note any deviations from the State Actuary's recommended changes, the reason or reasons for not following the State Actuary's recommended changes, and the fiscal impact of not following the State Actuary's recommended changes on the required State contribution.
On or before May 1, 2004, the Board shall recalculate and recertify to
the Governor the amount of the required State contribution to the System for
State fiscal year 2005, taking into account the amounts appropriated to and
received by the System under subsection (d) of Section 7.2 of the General
Obligation Bond Act.
On or before July 1, 2005, the Board shall recalculate and recertify
to the Governor the amount of the required State
contribution to the System for State fiscal year 2006, taking into account the changes in required State contributions made by this amendatory Act of the 94th General Assembly.
On or before April 1, 2011, the Board shall recalculate and recertify to the Governor the amount of the required State contribution to the System for State fiscal year 2011, applying the changes made by Public Act 96-889 to the System's assets and liabilities as of June 30, 2009 as though Public Act 96-889 was approved on that date.
By November 1, 2017, the Board shall recalculate and recertify to the State Actuary, the Governor, and the General Assembly the amount of the State contribution to the System for State fiscal year 2018, taking into account the changes in required State contributions made by this amendatory Act of the 100th General Assembly. The State Actuary shall review the assumptions and valuations underlying the Board's revised certification and issue a preliminary report concerning the proposed recertification and identifying, if necessary, recommended changes in actuarial assumptions that the Board must consider before finalizing its certification of the required State contributions. The Board's final certification must note any deviations from the State Actuary's recommended changes, the reason or reasons for not following the State Actuary's recommended changes, and the fiscal impact of not following the State Actuary's recommended changes on the required State contribution.
(b) Beginning in State fiscal year 1996, on or as soon as possible after the
15th day of each month the Board shall submit vouchers for payment of State
contributions to the System, in a total monthly amount of one-twelfth of the
required annual State contribution certified under subsection (a).
From the effective date of this amendatory Act
of the 93rd General Assembly through June 30, 2004, the Board shall not
submit vouchers for the remainder of fiscal year 2004 in excess of the
fiscal year 2004 certified contribution amount determined
under this Section after taking into consideration the transfer to the
System under subsection (d) of Section 6z-61 of the State Finance Act.
These
vouchers shall be paid by the State Comptroller and Treasurer by warrants drawn
on the funds appropriated to the System for that fiscal year. If in any month
the amount remaining unexpended from all other appropriations to the System for
the applicable fiscal year (including the appropriations to the System under
Section 8.12 of the State Finance Act and Section 1 of the State Pension Funds
Continuing Appropriation Act) is less than the amount lawfully vouchered under
this Section, the difference shall be paid from the General Revenue Fund under
the continuing appropriation authority provided in Section 1.1 of the State
Pension Funds Continuing Appropriation Act.
(c) The full amount of any annual appropriation for the System for
State fiscal year 1995 shall be transferred and made available to the System
at the beginning of that fiscal year at the request of the Board.
Any excess funds remaining at the end of any fiscal year from appropriations
shall be retained by the System as a general reserve to meet the System's
accrued liabilities.
(Source: P.A. 100-23, eff. 7-6-17.)
(40 ILCS 5/2-136) (from Ch. 108 1/2, par. 2-136)
Sec. 2-136.
To provide for examination of disability annuitants.
To provide for the examination of disability annuitants at least once
each year during the continuance of disability prior to age 60. The
examination shall be by one or more licensed physicians designated by the
board.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/2-137) (from Ch. 108 1/2, par. 2-137)
Sec. 2-137.
To establish an office.
To establish an office or offices with suitable space for the meetings
of the board and for the necessary administrative personnel. All books and
records shall be kept in such offices.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/2-138) (from Ch. 108 1/2, par. 2-138)
Sec. 2-138.
To hire employees.
To appoint a secretary and employ such other actuarial, medical,
clerical or other help as shall be required for the efficient
administration of the system and to determine and fix their rate of pay.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/2-139) (from Ch. 108 1/2, par. 2-139)
Sec. 2-139.
To keep records and accounts.
To keep a permanent record of all proceedings of the board, a separate
account for each individual member and such additional data as are specified
by the actuary as necessary for required calculations and valuations.
(Source: P.A. 83-1440.)
(40 ILCS 5/2-139.1)
Sec. 2-139.1. To request information. To request from any member, annuitant, beneficiary, or employer such information as is necessary for the proper administration of the System.
(Source: P.A. 99-450, eff. 8-24-15.)
(40 ILCS 5/2-140) (from Ch. 108 1/2, par. 2-140)
Sec. 2-140.
To have an audit and submit statements.
To have the accounts of the system audited at least biennially by a
certified public accountant designated by the Auditor General and to submit
an annual statement to the Governor as soon as possible after the end of
each fiscal year.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/2-141) (from Ch. 108 1/2, par. 2-141)
Sec. 2-141.
To accept gifts.
To accept any gift, grant or bequest of any money or securities. If the
grantor specifies the purpose of providing cash benefits for some or all of
the participants or annuitants of the system, the gift shall be so used; if
no such purpose is designated, the gift shall be used to reduce the costs
of the State for providing benefits.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/2-142) (from Ch. 108 1/2, par. 2-142)
Sec. 2-142.
To submit individual statement.
To submit an individual statement to any participating member upon the
member's request. The statement shall show the amount of accumulations
to the member's credit as of the latest date practicable.
(Source: P.A. 83-1440.)
(40 ILCS 5/2-143) (from Ch. 108 1/2, par. 2-143)
Sec. 2-143.
To establish rules.
To establish rules necessary for the efficient administration of the
system.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/2-144) (from Ch. 108 1/2, par. 2-144)
Sec. 2-144.
Secretary.
The secretary shall be in charge of the administration of the
detailed affairs of the system and, in addition to such other powers and
duties as are delegated by the board, shall:
(1) Collect and record the receipt of all income of the system,
including participants' contributions, State contributions, interest and
principal collections on investments as they become due and payable,
and other income accruing to the system, and immediately deposit them
with the State Treasurer for the account of the system;
(2) Sign vouchers requesting the State Comptroller to draw warrants
upon the State Treasurer in accordance with resolutions of the board,
authorizing payments of benefits, refunds and expenses out of the funds
of the system;
(3) Certify to the State, the names of the persons from whose salary deductions
are to be made and the amounts or rates to be so deducted.
(Source: P.A. 83-1440.)
(40 ILCS 5/2-145) (from Ch. 108 1/2, par. 2-145)
Sec. 2-145.
Treasurer.
The State Treasurer shall be ex-officio the
treasurer of the system and shall:
(1) Act as official custodian of the cash and securities of the system
and provide adequate safe deposit facilities for the preservation of such
securities, and hold such cash and securities subject to the order of the
board;
(2) Receive from the secretary all items of cash belonging to the
system, including participants' contributions, State contributions,
interest and principal on investments and other income accruing to the
system, and deposit all such amounts in a special trust fund for the
account of the system;
(3) Make payments for purposes specified in this Article upon warrants
or direct deposit transmittals of the State Comptroller drawn in accordance
with vouchers signed by the secretary pursuant to resolutions of the board;
(4) Submit to the board at least once each month a statement of all
receipts for the account of the system and all payments chargeable to the
system;
(5) Furnish a corporate surety bond acceptable to the board in such
amount as the board shall designate. The bond shall indemnify the board
against any loss which may result from any action or omission of the
Treasurer or any of the Treasurer's agents. All reasonable charges
incidental to the procuring and giving of the bond shall be paid by the board.
Any cash accruing to the system not required for current
expenditures by the system shall be transferred to the Illinois State
Board of Investment for purposes of investment.
Until such transfer is made, those funds shall be invested temporarily by
the Treasurer on behalf of the system and interest earned thereon shall be
credited to the trust fund of the system.
(Source: P.A. 86-273.)
(40 ILCS 5/2-146) (from Ch. 108 1/2, par. 2-146)
Sec. 2-146. Actuary. The actuary shall be the technical advisor of the
board and, in addition to supplying general information on technical matters, shall:
(Source: P.A. 99-232, eff. 8-3-15.)
(40 ILCS 5/2-147) (from Ch. 108 1/2, par. 2-147)
Sec. 2-147.
State Comptroller.
The State Comptroller in drawing salary warrants on payroll vouchers
for members shall draw such warrants to participants for the
salary specified less the member contributions to be deducted,
as certified
in the vouchers, and shall draw a warrant to the system for
the total of the contributions so withheld on each such payroll voucher.
The warrant drawn to the system, and the additional copy of the payroll,
shall be transmitted immediately to the secretary.
The Comptroller shall draw warrants or prepare direct deposit transmittals
upon the State Treasurer payable
from the funds of this system for purposes of this Article
upon the presentation of vouchers approved by the secretary in
accordance with resolutions of the board, and in
the exercise of the investment authority, upon presentation of vouchers
approved by the director of the Illinois State Board of Investment in
accordance with the order and direction of said board.
(Source: P.A. 83-1440.)
(40 ILCS 5/2-148) (from Ch. 108 1/2, par. 2-148)
Sec. 2-148.
Speaker of House - President of Senate.
The Speaker of the House and the President of the Senate, in the
preparation of payroll vouchers for payments of salary to participants,
shall indicate in addition to other things: (1) the amount of contributions
to be deducted from the salary of each
participant included in each voucher, (2) the
net amount payable to each
participant after such deductions
and, (3) the total of
all participant contributions so deducted. An additional
certified copy of each
payroll voucher certified by the State shall be prepared and forwarded
along with the original payroll voucher to the State Comptroller for
transmittal to the board as herein provided.
(Source: P.A. 83-1440.)
(40 ILCS 5/2-149) (from Ch. 108 1/2, par. 2-149)
Sec. 2-149.
Authorization.
Each participant shall, by virtue of the payment
of the participant contributions paid
to the system, receive a vested
interest in the refunds provided herein, and in consideration of such vested
interest agrees to and authorizes the deductions from
salary of all contributions required under this Article.
Payment of salary as prescribed by law, less the required participant
contributions, shall, together
with the vested rights in the refunds,
be a full and complete discharge of all claims of payments for service rendered
by a participant during the period covered by any such payment.
(Source: P.A. 83-1440.)
(40 ILCS 5/2-150) (from Ch. 108 1/2, par. 2-150)
Sec. 2-150.
Retirement Systems Reciprocal Act.
The "Retirement Systems Reciprocal Act", being Article 20 of this
Code, is adopted, and made a
part of this Article; provided, (1) that where there is a direct conflict in
the provisions of such Act and the specific provisions of this Article,
the provisions of this Article shall prevail, and
(2) that Section 20-131 shall be applicable to this system only if
a participant has rendered at least 6 years of service as a member and,
(3) that in the case of any participant who would have
been eligible to have his or her retirement
annuity computed under Section 20-131, the survivor's annuity payable
in the event of the participant's death under Section
2-121 to the surviving spouse shall be computed on the
basis of the retirement annuity to which the participant
would have been entitled under the provisions of Section
20-131 if such computation would result in a greater survivor's
annuity.
(Source: P.A. 83-1440.)
(40 ILCS 5/2-151) (from Ch. 108 1/2, par. 2-151)
Sec. 2-151.
No compensation.
Trustees shall serve without compensation, but shall be reimbursed for
reasonable traveling expenses incurred in attending meetings
of the board.
(Source: P.A. 83-1440.)
(40 ILCS 5/2-152) (from Ch. 108 1/2, par. 2-152)
Sec. 2-152.
No monetary gain on investments.
No trustee or employee of the board shall have any direct interest in
the income, gains or profits of any investments made in behalf of the
system, nor receive any pay
or emolument for services in
connection with any investment. No trustee or employee of the board shall
become an endorser or surety, or in any manner an obligor for money loaned
or borrowed from the system. Whoever violates any of the provisions of this
Section is guilty of a petty offense.
(Source: P.A. 83-1440.)
(40 ILCS 5/2-153) (from Ch. 108 1/2, par. 2-153)
Sec. 2-153.
Undivided interest.
The assets of the system shall be invested as one fund, and no
particular person, group of persons or entity shall have any right in any
specific security or property, or in any item of cash, other than an
undivided interest in the whole as specified in this Article.
(Source: P.A. 83-1440.)
(40 ILCS 5/2-154) (from Ch. 108 1/2, par. 2-154)
Sec. 2-154.
Assignment.
Except as provided in this Article, all moneys
in the fund created by this Article, and all securities and other property
of the System, and all annuities and other benefits payable under this
Article, and all accumulated contributions and other credits of
participants in this system, and the right of any person to receive an
annuity or other benefit under this Article, or a refund or return of
contributions, shall not be subject to judgment, execution, garnishment,
attachment or other seizure by process, in bankruptcy or otherwise, nor to
sale, pledge, mortgage or other alienation, and shall not be assignable.
However, a person receiving an annuity or benefit, or refund or return of
contributions, may authorize withholding from such annuity, benefit, refund
or return of contributions in accordance with the provisions of the "State
Salary and Annuity Withholding Act", approved August 21, 1961, as now or
hereafter amended.
The General Assembly finds and declares that the amendment to this
Section made by this amendatory Act of 1989 is a clarification of existing
law, and an indication of its previous intent in enacting and amending this
Section. Notwithstanding Section 1-103.1, application of this amendment
shall not be limited to persons in service on or after the effective date
of this amendatory Act of 1989.
(Source: P.A. 86-273.)
(40 ILCS 5/2-155) (from Ch. 108 1/2, par. 2-155)
Sec. 2-155.
Fraud.
Any person who knowingly makes any false statement, or falsifies or
permits to be falsified any record of this system, in any attempt to
defraud the system, is guilty of a petty offense.
(Source: P.A. 77-2560.)
(40 ILCS 5/2-155.1)
Sec. 2-155.1. Mistake in benefit. If the System mistakenly sets any benefit at an incorrect amount, it shall recalculate the benefit as soon as may be practicable after the mistake is discovered.
If the benefit was mistakenly set too low, the System shall make a lump sum payment to the recipient of an amount equal to the difference between the benefits that should have been paid and those actually paid.
If the benefit was mistakenly set too high, the System may recover the amount overpaid from the recipient thereof, either directly or by deducting such amount from the remaining benefits payable to the recipient. However, if (1) the amount of the benefit was mistakenly set too high, and (2) the error was undiscovered for 3 years or longer, and (3) the error was not the result of incorrect information supplied by the affected member or beneficiary, then upon discovery of the mistake the benefit shall be adjusted to the correct level, but the recipient of the benefit need not repay to the System the excess amounts received in error.
This Section applies to all mistakes in benefit calculations that occur before, on, or after the effective date of this amendatory Act of the 98th General Assembly.
(Source: P.A. 98-1117, eff. 8-26-14.)
(40 ILCS 5/2-156) (from Ch. 108 1/2, par. 2-156)
Sec. 2-156. Felony conviction. None of the benefits herein provided for shall be paid to any person who
is convicted of any felony relating to or arising out of or in connection
with his or her service as a member.
None of the benefits provided for in this Article shall be paid to any person who otherwise would receive a survivor benefit who is convicted of any felony relating to or arising out of or in connection with the service of the member from whom the benefit results.
This Section shall not operate to impair any contract or vested right acquired
prior to July 11, 1955 under any law or laws
continued in this Article, nor to
preclude the right to a refund, and for the changes under this amendatory Act of the 100th General Assembly, shall not impair any contract or vested right acquired by a survivor prior to the effective date of this amendatory Act of the 100th General Assembly.
All participants entering service subsequent to
July 11, 1955 shall
be deemed to have consented to the provisions of this Section as a
condition of participation, and all participants entering service subsequent to the effective date of this amendatory Act of the 100th General Assembly shall be deemed to have consented to the provisions of this amendatory Act as a condition of participation.
(Source: P.A. 100-334, eff. 8-25-17.)
(40 ILCS 5/2-157) (from Ch. 108 1/2, par. 2-157)
Sec. 2-157.
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 5/2-158) (from Ch. 108 1/2, par. 2-158)
Sec. 2-158.
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 5/2-160) (from Ch. 108 1/2, par. 2-160)
Sec. 2-160.
Savings clause.
The repeal or amendment of any Section
or provision of this Article by this amendatory Act of 1984 shall not affect
or impair any pensions, benefits, rights or credits accrued or in effect
prior thereto.
(Source: P.A. 83-1440.)
(40 ILCS 5/2-161) (from Ch. 108 1/2, par. 2-161)
Sec. 2-161.
Application of amendments.
The amendments to Sections 2-119.1
and 2-126 of this Code made by this amendatory Act of 1993 shall apply to
persons who are active contributors to this System on or after November 30,
1992. A person who was an active contributor to the System on November 30,
1992 but is no longer an active contributor may apply for any additional
benefits authorized by those amendments until 60 days after the effective date
of this amendatory Act of 1993; if the person is an annuitant, the resulting
increase in annuity shall begin to accrue on the first day of the month
following the month in which application for the benefit and any required
contribution are received by the System.
(Source: P.A. 87-1265.)
(40 ILCS 5/2-162)
(Text of Section WITH the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 2-162. Application and expiration of new benefit increases.
(a) As used in this Section, "new benefit increase" means an increase in the amount of any benefit provided under this Article, or an expansion of the conditions of eligibility for any benefit under this Article, that results from an amendment to this Code that takes effect after the effective date of this amendatory Act of the 94th General Assembly. "New benefit increase", however, does not include any benefit increase resulting from the changes made to this Article by this amendatory Act of the 98th General Assembly.
(b) Notwithstanding any other provision of this Code or any subsequent amendment to this Code, every new benefit increase is subject to this Section and shall be deemed to be granted only in conformance with and contingent upon compliance with the provisions of this Section.
(c) The Public Act enacting a new benefit increase must identify and provide for payment to the System of additional funding at least sufficient to fund the resulting annual increase in cost to the System as it accrues.
Every new benefit increase is contingent upon the General Assembly providing the additional funding required under this subsection. The Commission on Government Forecasting and Accountability shall analyze whether adequate additional funding has been provided for the new benefit increase and shall report its analysis to the Public Pension Division of the Department of Insurance. A new benefit increase created by a Public Act that does not include the additional funding required under this subsection is null and void. If the Public Pension Division determines that the additional funding provided for a new benefit increase under this subsection is or has become inadequate, it may so certify to the Governor and the State Comptroller and, in the absence of corrective action by the General Assembly, the new benefit increase shall expire at the end of the fiscal year in which the certification is made.
(d) Every new benefit increase shall expire 5 years after its effective date or on such earlier date as may be specified in the language enacting the new benefit increase or provided under subsection (c). This does not prevent the General Assembly from extending or re-creating a new benefit increase by law.
(e) Except as otherwise provided in the language creating the new benefit increase, a new benefit increase that expires under this Section continues to apply to persons who applied and qualified for the affected benefit while the new benefit increase was in effect and to the affected beneficiaries and alternate payees of such persons, but does not apply to any other person, including without limitation a person who continues in service after the expiration date and did not apply and qualify for the affected benefit while the new benefit increase was in effect.
(Source: P.A. 98-599, eff. 6-1-14.)
(Text of Section WITHOUT the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 2-162. Application and expiration of new benefit increases.
(a) As used in this Section, "new benefit increase" means an increase in the amount of any benefit provided under this Article, or an expansion of the conditions of eligibility for any benefit under this Article, that results from an amendment to this Code that takes effect after the effective date of this amendatory Act of the 94th General Assembly.
(b) Notwithstanding any other provision of this Code or any subsequent amendment to this Code, every new benefit increase is subject to this Section and shall be deemed to be granted only in conformance with and contingent upon compliance with the provisions of this Section.
(c) The Public Act enacting a new benefit increase must identify and provide for payment to the System of additional funding at least sufficient to fund the resulting annual increase in cost to the System as it accrues.
Every new benefit increase is contingent upon the General Assembly providing the additional funding required under this subsection. The Commission on Government Forecasting and Accountability shall analyze whether adequate additional funding has been provided for the new benefit increase and shall report its analysis to the Public Pension Division of the Department of Financial and Professional Regulation. A new benefit increase created by a Public Act that does not include the additional funding required under this subsection is null and void. If the Public Pension Division determines that the additional funding provided for a new benefit increase under this subsection is or has become inadequate, it may so certify to the Governor and the State Comptroller and, in the absence of corrective action by the General Assembly, the new benefit increase shall expire at the end of the fiscal year in which the certification is made.
(d) Every new benefit increase shall expire 5 years after its effective date or on such earlier date as may be specified in the language enacting the new benefit increase or provided under subsection (c). This does not prevent the General Assembly from extending or re-creating a new benefit increase by law.
(e) Except as otherwise provided in the language creating the new benefit increase, a new benefit increase that expires under this Section continues to apply to persons who applied and qualified for the affected benefit while the new benefit increase was in effect and to the affected beneficiaries and alternate payees of such persons, but does not apply to any other person, including without limitation a person who continues in service after the expiration date and did not apply and qualify for the affected benefit while the new benefit increase was in effect.
(Source: P.A. 94-4, eff. 6-1-05.)
(40 ILCS 5/2-163)
Sec. 2-163. Termination of plan. Upon plan termination, a participant's interest in the pension fund will be nonforfeitable.
(Source: P.A. 98-1117, eff. 8-26-14.)
(40 ILCS 5/2-165)
Sec. 2-165. (Repealed).
(Source: P.A. 98-599, eff. 6-1-14. Repealed by P.A. 100-23, eff. 7-6-17.)
(40 ILCS 5/2-166)
Sec. 2-166. (Repealed).
(Source: P.A. 98-599, eff. 6-1-14. Repealed by P.A. 100-23, eff. 7-6-17.)
Structure Illinois Compiled Statutes
40 ILCS 5/ - Illinois Pension Code.
Article 1 - General Provisions: Short Title, Effect Of Code And Other Provisions
Article 1A - Regulation Of Public Pension Funds
Article 2 - General Assembly Retirement System
Article 3 - Police Pension Fund - Municipalities 500,000 And Under
Article 4 - Firefighters' Pension Fund - Municipalities 500,000 And Under
Article 5 - Policemen's Annuity And Benefit Fund--Cities Over 500,000
Article 6 - Firemen's Annuity And Benefit Fund--Cities Over 500,000
Article 7 - Illinois Municipal Retirement Fund
Article 10 - Forest Preserve District Employees' Annuity And Benefit Fund
Article 13 - Metropolitan Water Reclamation District Retirement Fund
Article 14 - State Employees' Retirement System Of Illinois
Article 15 - State Universities Retirement System
Article 16 - Teachers' Retirement System Of The State Of Illinois
Article 17 - Public School Teachers' Pension And Retirement Fund--Cities Of Over 500,000 Inhabitants
Article 18 - Judges Retirement System Of Illinois
Article 20 - Retirement Systems Reciprocal Act
Article 21 - Social Security Enabling Act
Article 22 - Miscellaneous Collateral Provisions
Article 22A - Investment Board
Article 22B - The Police Officers' Pension Investment Fund
Article 22C - The Firefighters' Pension Investment Fund