(40 ILCS 5/Art. 5 heading)
(40 ILCS 5/5-101) (from Ch. 108 1/2, par. 5-101)
Sec. 5-101.
Creation of fund.
In each city of more than 500,000 inhabitants a policemen's annuity and
benefit fund shall be created and maintained for the benefit of its
policemen, their widows and children, and of all contributors to,
participants in, and beneficiaries of any police pension fund in operation,
by authority of law, in such city immediately prior to the effective date.
For the purposes of this Article, the policemen's annuity and benefit fund
may be referred to as the "fund."
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-102) (from Ch. 108 1/2, par. 5-102)
Sec. 5-102.
Terms defined.
The terms used in this Article shall have the meanings ascribed to them
in Sections 5-103 to 5-120, inclusive, except when the context otherwise
requires.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-103) (from Ch. 108 1/2, par. 5-103)
Sec. 5-103.
Policemen's annuity and benefit fund act of the Illinois Municipal Code.
"Policemen's Annuity and Benefit Fund Act of the Illinois Municipal
Code": Division 7 of Article 10 of the Illinois Municipal Code, being a
continuation of "An Act to provide for the creation, setting apart,
maintenance and administration of a policemen's annuity and benefit fund in
cities having a population exceeding two hundred thousand inhabitants",
approved June 29, 1921, as amended.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-104) (from Ch. 108 1/2, par. 5-104)
Sec. 5-104.
Park Policemen's Annuity Act.
"Park Policemen's Annuity Act": "An Act to provide for the creation,
setting apart, maintenance and administration of a Park Policemen's and
Retirement Board Employees' Annuity and Benefit Fund", approved June 29,
1921, as amended.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-105) (from Ch. 108 1/2, par. 5-105)
Sec. 5-105.
Park policemen's annuity fund.
"Park policemen's annuity fund": The annuity and benefit fund created
under the Park Policemen's Annuity Act.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-106) (from Ch. 108 1/2, par. 5-106)
Sec. 5-106.
Exchange of Functions Act of 1957.
"Exchange of Functions Act of 1957": "An Act in relation to an exchange
of certain functions, property and personnel among cities, and park
districts having coextensive geographic areas and populations in excess of
500,000", approved July 5, 1957.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-107) (from Ch. 108 1/2, par. 5-107)
Sec. 5-107.
Effective date.
"Effective date": January 1, 1922, for any city covered by the
"Policemen's Annuity and Benefit Fund Act of the Illinois Municipal Code"
on the date that this Article comes in effect; and January 1 of the year
following the date that any other city first comes under the provisions of
this Article.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-108) (from Ch. 108 1/2, par. 5-108)
Sec. 5-108.
Retirement board or the board.
"Retirement board" or "the board": The board of trustees of the
Policemen's Annuity and Benefit Fund.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-109) (from Ch. 108 1/2, par. 5-109)
Sec. 5-109.
Policeman.
"Policeman":
(a) An employee in the regularly constituted police department of a
city appointed and sworn or designated by law as a peace officer with
the title of policeman, policewoman, chief surgeon, police surgeon,
police dog catcher, police kennelman, police matron, and members of the
police force of the police department; and
(b) An employee as defined in sub-paragraph (a) immediately above
who is serving in the regularly constituted police department of a city
in a rank or position which is exempt from civil service and who,
immediately prior to the time he began such service, was a participant
in the Policemen's Annuity and Benefit Fund Act; and
(c) Any policeman of a park district transferred to the employment
of a city under the "Exchange of Functions Act of 1957".
(Source: P.A. 86-272; 86-1027.)
(40 ILCS 5/5-109.1) (from Ch. 108 1/2, par. 5-109.1)
Sec. 5-109.1.
Gender.
The masculine gender whenever used in this Article includes the feminine
gender and all annuities and benefits applicable to male policemen and
their survivors and the contributions to be made for widows' annuities or
other benefits, shall apply with equal force to female policemen and their
survivors without any modification or distinction whatsoever.
(Source: P.A. 78-1129.)
(40 ILCS 5/5-110) (from Ch. 108 1/2, par. 5-110)
Sec. 5-110.
Present employee.
"Present employee": Any person employed by a city as a policeman on the
day before the effective date, and, effective January 1, 1960, a policeman
who qualifies as a present employee under the "Park Policemen's Annuity
Act" whose employment as a policeman has been transferred to the police
service of the city as a result of the "Exchange of Functions Act of
1957".
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-111) (from Ch. 108 1/2, par. 5-111)
Sec. 5-111.
Future entrant.
"Future entrant":
(a) A person employed by a city as a policeman for the first time on or
after the effective date;
(b) A former policeman of a city who reenters the police service on or
after the effective date; and
(c) Effective January 1, 1960, a policeman who qualifies as a future
entrant under the "Park Policemen's Annuity Act", whose employment as a
policeman has been transferred to the police service of the city as a
result of the "Exchange of Functions Act of 1957".
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-112) (from Ch. 108 1/2, par. 5-112)
Sec. 5-112.
Active policeman.
"Active policeman": A person employed and receiving salary as a
policeman.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-113) (from Ch. 108 1/2, par. 5-113)
Sec. 5-113.
Act of duty.
"Act of duty": Any act of police duty inherently involving special risk,
not ordinarily assumed by a citizen in the ordinary walks of life, imposed
on a policeman by the statutes of this State or by the ordinances or police
regulations of the city in which this Article is in effect or by a special
assignment; or any act of heroism performed in the city having for its
direct purpose the saving of the life or property of a person other than
the policeman.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-114) (from Ch. 108 1/2, par. 5-114)
Sec. 5-114.
Salary.
"Salary":
(a) Annual salary, provided that $2,600 shall be the maximum amount
of salary to be considered for any purpose under this Act prior to July
1, 1927.
(b) Annual salary, provided that $3,000 shall be the maximum amount
of salary to be considered for any purpose under this Act from July 1,
1927 to July 1, 1931.
(c) Annual salary, provided that the annual salary shall be
considered for age and service annuity, minimum annuity and disability
benefits and $3,000 shall be the maximum amount of salary to be
considered for prior service annuity, widow's annuity, widow's prior
service annuity and child's annuity from July 1, 1931 to July 1, 1933.
(d) Beginning July 1, 1933, annual salary of a policeman
appropriated for members of his rank or grade in the city's annual
budget or appropriation bill, subject to the following:
(e) For a policeman assigned to a non-civil service position as
provided in Section 5-174 from and after January 1, 1970, (with the
hereinafter stated excess not considered as salary for any purpose of
this Article for any of the years prior to 1970 except to the extent
provided by the election in Section 5-174), annual salary means the
total salary derived from appropriations applicable to the civil service
rank plus the excess over such amount paid for service in the non-civil
service position.
(f) Beginning January 1, 1998, the salary of a policeman, as calculated
under subsection (d), shall include any duty availability allowance received by
the policeman.
An active or former policeman who (1) either retired between July 1, 1994 and
December 31, 1997, both inclusive, or attained or will attain age 50 and 20
years of service between July 1, 1994 and January 1, 2002, both inclusive,
and (2) received a duty availability allowance at any time after June 30, 1994
and before January 1, 1998 may elect to have that duty availability
allowance included in the calculation of his or her salary under subsection
(d) for all or any portion of that period for which the allowance was
received, by applying in writing and paying to the Fund, no earlier than
January 1, 1998 and no later than July 1, 1998, the corresponding employee
contribution, without interest. Thereafter the City shall make its
corresponding contribution, without interest.
This subsection (f) applies without regard to
whether the applicant terminated service or began to receive a retirement
annuity before the effective date of this amendatory Act of 1997. In the case
of a person who is receiving a retirement annuity at the time the application
and contribution are received by the Fund, the annuity shall be recalculated
and the resulting increase shall become payable on the next annuity payment
date following the date the contribution is received by the Fund.
(Source: P.A. 90-551, eff. 12-12-97.)
(40 ILCS 5/5-115) (from Ch. 108 1/2, par. 5-115)
Sec. 5-115.
Disability.
"Disability": A condition of physical or mental incapacity to
perform any assigned duty or duties in the police service.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-116) (from Ch. 108 1/2, par. 5-116)
Sec. 5-116.
Withdrawal, withdrawal from service, or withdrawn from service.
"Withdrawal", "withdrawal from service", or "withdrawn from service":
The discharge or resignation of a policeman.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-117) (from Ch. 108 1/2, par. 5-117)
Sec. 5-117.
Assets.
"Assets": The total value of cash, securities, and other property less
all liabilities. Bonds shall be valued at their amortized book value.
(Source: P.A. 78-833.)
(40 ILCS 5/5-118) (from Ch. 108 1/2, par. 5-118)
Sec. 5-118.
Age.
"Age": Age at last birthday preceding the date on which ascertainment of
age is necessary to any computation under this Article.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-119) (from Ch. 108 1/2, par. 5-119)
Sec. 5-119.
Injury.
"Injury": A physical hurt resulting from external force or violence.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-120) (from Ch. 108 1/2, par. 5-120)
Sec. 5-120.
Interest.
"Interest": (a) Interest at 4% per annum for any policeman who was a
participant or a contributor to this fund on December 31, 1953; and (b)
interest at 3% per annum for any future entrant not a participant or
contributor to this fund on December 31, 1953, who becomes a participant or
contributor after December 31, 1953.
For fund accounts, credits, transfers and charges, "interest" means
interest at 4% per annum as to amounts applicable to any policeman who was
a participant or a contributor on December 31, 1953, and interest at 3% per
annum as to amounts applicable to any future entrant who was not a
participant or a contributor on December 31, 1953, but who becomes a
participant or contributor after December 31, 1953.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-121) (from Ch. 108 1/2, par. 5-121)
Sec. 5-121.
Annuity.
Prior service annuity, age and service annuity, widow's annuity and
widow's prior service annuity shall consist of equal monthly payments for
life with the first payment payable one month after the occurrence of the
event upon which payment shall depend.
Any annuitant may execute a written waiver under oath of his right to
receive any part of his annuity, to take effect upon its being filed with
the board. The amount waived shall be a permanent reduction in the annuity
payable to the annuitant. Nothing in this Section shall be deemed to
change or modify the terms and conditions of the reversionary annuity under 5-132.2.
(Source: P.A. 83-823.)
(40 ILCS 5/5-122) (from Ch. 108 1/2, par. 5-122)
Sec. 5-122.
Prior service annuity.
"Prior Service Annuity" shall be credited for present employees for
service rendered prior to the effective date in accordance with the
provisions of "Policemen's Annuity and Benefit Fund Act of the Illinois
Municipal Code" and this Article. Each such credit shall be improved by
interest during the time thereafter the employee is in service until his
annuity is fixed.
In determining such annuity, the annual salary for the entire period of
the employee's service prior to the effective date shall be the salary in
effect on the effective date.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-123) (from Ch. 108 1/2, par. 5-123)
Sec. 5-123.
Age and service annuity.
"Age and Service Annuity" shall be provided policemen for service
rendered on or after the effective date.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-124) (from Ch. 108 1/2, par. 5-124)
Sec. 5-124.
Present employees - Limitation to and amount of prior
service annuities in certain cases.
A present employee who has a credit on the effective date, for prior
service annuity, of an amount sufficient to provide annuity as of his
age on such date equal to that to which he would have had a right if employee
contributions by salary deductions and city contributions had
been made for age and service annuity during his entire period of
service until his attainment of age 57, is entitled to a prior service
annuity from the date he withdraws from service of such amount as can be
provided by his credit for prior service annuity on the effective date.
Any such present employee has no right to receive age and service
annuity.
(Source: P.A. 81-1536.)
(40 ILCS 5/5-125) (from Ch. 108 1/2, par. 5-125)
Sec. 5-125.
Present employees - Age 57 in service - Amount of annuity.
(a) A present employee who attains age 57 or more while in service,
having credit from sums accumulated for age and service annuity and
prior service annuity sufficient to provide annuity as of his age at
such time equal to that to which he would have had a right if
employee contributions by salary deductions and
city contributions had been made
in accordance with this Article applicable to age and service annuity
during his entire period of service until he attained age 57, is
entitled to such age and service annuity and prior service annuity when
he withdraws.
(b) A present employee who attains age 57 or more while in service
and who has not to his credit for age and service annuity and prior
service annuity the amount described in paragraph (a) above is entitled
on the date of his withdrawal to such age and service annuity and prior
service annuity as can be provided by the amount to his credit for such
annuities.
(Source: P.A. 81-1536.)
(40 ILCS 5/5-126) (from Ch. 108 1/2, par. 5-126)
Sec. 5-126.
Present employees - Age 50 but less than 57 in
service - Age 50 out of service - Amount of annuity.
A present employee who (1) attains age 50 or more but less than 57
while in service, having 10 or more years of service at the date of
withdrawal or (2) withdraws with 10 or more years of service before age
50 and thereafter attains age 50 while out of service, is entitled to an
age and service annuity and prior service annuity from the date of
withdrawal or after attainment of age 50, respectively, in such amount
as can be provided from the total of the following:
1. If service is 20 or more years, the sum credited for age and
service annuity and prior service annuity; or
2. If service is 10 or more but less than 20 years, (a) the sum
provided for age and service annuity, (b) 1/10 of the contributions by
the city for each year of service after the first 10 years, (c) the sum
credited for prior service annuity from employee contributions and
applied to any police pension fund in operation, by authority of law, in
such city on the effective date, and (d) 1/10 of the credit for prior
service annuity, in accordance with the "Policemen's Annuity and Benefit
Fund Act of the Illinois Municipal Code", for each year of service after
the first 10 years.
The annuity provided in this section for an employee who attains age
50 out of service shall be computed as though the employee were exactly
age 50 at the time the annuity is granted, regardless of his actual age
when application for annuity is made, and no such employee has any right
to any annuity on account of any time between the date he attains age 50
and the date of application for annuity, nor shall any annuity be
payable if the employee has received a refund of contributions.
Annuity in excess of that fixed by this section shall not be granted
unless the employee re-enters the service before age 57. If such
re-entry occurs, his annuity shall be provided in accordance with this
section or section 5-125, whichever is applicable.
(Source: P.A. 81-1536.)
(40 ILCS 5/5-127) (from Ch. 108 1/2, par. 5-127)
Sec. 5-127.
Minimum amount of annuity of present employee.
Any present employee who withdraws on or after the effective date having
at least 20 years of service and for whom the annuity otherwise provided in
this Article is less than the amount stated in this section, has a right to
annuity as follows:
(1) If he is at least age 50 on withdrawal, his annuity, from and after
such withdrawal, shall be 50% of the compensation attached to or
appropriated for the rank in the police department which he may have held
by civil service appointment on the day one year prior to the date of
withdrawal from service. Beginning July 1, 1931, the compensation to be
used shall be not less than that in effect on July 1, 1931;
(2) If he is less than age 50 on withdrawal, his annuity, beginning on
the date he becomes age 50, shall be 50% of his salary at withdrawal but
not in excess of $900 a year.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-128) (from Ch. 108 1/2, par. 5-128)
Sec. 5-128.
Future entrants - amount of annuity.
When a future entrant withdraws from service,
his age and service
annuity shall be fixed as of the date of withdrawal. The
annuity shall be that provided
from the entire sum to his credit for age and service annuity on the date
he withdraws from service.
(Source: P.A. 86-272.)
(40 ILCS 5/5-129) (from Ch. 108 1/2, par. 5-129)
Sec. 5-129.
Future entrants - Age 50 in
service - amount of annuity.
When a future entrant who attains age 50 or more in service, having
10 or more years of service, withdraws, his age and
service annuity shall be fixed as of his age at withdrawal. He is
entitled to annuity, after withdrawal, of the amount provided from the
following sums on the date of withdrawal:
(1) If service is 20 or more years, the entire sum accumulated for
age and service annuity from employee contributions and contributions
by the city; or
(2) If service is 10 or more but less than 20 years, the sum
accumulated for age and service annuity from employee contributions,
plus 1/10 of the sum accumulated for such purpose from contributions by
the city, for each completed year of service after the first 10 years.
(Source: P.A. 86-272.)
(40 ILCS 5/5-129.1)
Sec. 5-129.1. Withdrawal at mandatory retirement age - amount of annuity.
(a) In lieu of any annuity provided in the other provisions of this
Article, a policeman who is required to withdraw from service on or after
January 1, 2000 due to attainment of mandatory retirement age and has at
least 10 but less
than 20 years of service credit may elect to receive an annuity equal to 30%
of average salary for the first 10 years of service plus 2% of average salary
for each completed year of service or fraction thereof in excess of 10, but
not to exceed a maximum of 48% of average salary.
(b) For the purpose of this Section, "average salary" means the average of
the highest 4 consecutive years of salary within the last 10 years of service,
or such shorter period as may be used to calculate a minimum retirement
annuity under Section 5-132.
(c) For the purpose of qualifying for the annual increases provided in
Section 5-167.1, a policeman whose retirement annuity is calculated under
this Section shall be deemed to qualify for a minimum annuity.
(d) A policeman with less than 20 years of service credit who was
required to withdraw from service on or after January 1, 2000 but before
June 28, 2002 due to attainment of mandatory retirement age is also entitled
to have his or her retirement annuity calculated in accordance with this
Section. If payment of the annuity has already begun, the annuity shall be
recalculated. The resulting increase, if any, shall accrue from the starting
date of the annuity; the amount of the increase relating to the period before
the annuity is recalculated shall be paid to the annuitant in a lump sum,
without interest.
(Source: P.A. 92-599, eff. 6-28-02; 93-654, eff. 1-16-04.)
(40 ILCS 5/5-130) (from Ch. 108 1/2, par. 5-130)
Sec. 5-130.
Future entrants - withdrawal before age 50-Amount of annuity.
When a future entrant withdraws before age 50 after 10 or more years'
service and attains age 50 while not in service, his age and service
annuity shall be fixed as of age 50. He is entitled to an annuity, after he
attains age 50, provided from the following sums:
1. If service is 20 or more years, the sum accumulated for age and
service annuity; or
2. If service is 10 or more but less than 20 years, the sum accumulated
for age and service annuity, plus 1/10 of the sum accumulated for such
annuity from contributions by the city, for each completed year of service
after the first 10 years.
The annuity shall be computed as though the employee were exactly age 50
when the annuity is granted regardless of his actual age upon application.
No such employee has any right to annuity for any time between the date he
attains age 50 and the date he makes application, nor shall any annuity be
payable if he has received a refund of contributions which has not been
repaid.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-131) (from Ch. 108 1/2, par. 5-131)
Sec. 5-131.
Future entrants - Re-entry and new fixation.
Except as may be otherwise provided in this Article, no amount of
annuity other than that fixed in accordance with Sections 5-129 and 5-130
shall be granted to any future entrant therein described unless he
re-enters the service. If such re-entry occurs, the amount of
annuity shall again be fixed as provided herein.
(Source: P.A. 86-272.)
(40 ILCS 5/5-132)
(from Ch. 108 1/2, par. 5-132)
Sec. 5-132. Minimum annuity. Any policeman who withdraws on or after
July 8, 1957, or any policeman
transferred to the police service of the city under the Exchange of
Functions Act of 1957 who withdraws on or after July 17, 1959, after
completing at least 20 years of service, for whom the
annuity otherwise provided in this Article is less than that stated in this
Section has a right to receive annuity as follows:
(a) If he is age 55 or more on withdrawal, his annuity after such
withdrawal, shall be equal to 2% of the average salary for 4 consecutive
years of highest salaries within the last 10 years of service before
withdrawal, for each year of service, together with 1/6 of 1% of such
average salary for each complete month of service of each fractional year,
but not in excess of 75% of the average annual salary.
(b) If he is age 50 or more but less than age 55 on withdrawal, his
annuity shall be equal to 2% of the average salary for the 4 highest
consecutive years of the last 10 years of service for each year of service,
together with 1/16 of 1% of such average salary for each month of each
fractional year of service, reduced by 1/2 of 1% for each month that he is
less than age 55.
(c) If he is less than age 50 on withdrawal, he may, upon attainment of
age 50 or over, become entitled to the annuity provided in this Section or,
he may, upon application before age 50, receive a refund of the deductions
from salary, plus interest at 1 1/2% per annum if he is entitled to refund
under Section 5-163.
(d) In lieu of the annuity provided in the foregoing provisions of this
Section 5-132 any policeman who withdraws from the service after December
31, 1973, after having attained age 53 in the service with
23 or more years of service credit shall be entitled to an
annuity computed as follows if such annuity is greater than that provided
in the foregoing paragraphs of this Section 5-132: An annuity equal to
50% of the average salary for the 4
highest consecutive years of the last 10 years of service plus
additional annuity equal to 2% of such average salary for each completed
year of service or fraction
thereof rendered after his attainment of age 53 and the completion
of 23 years of service.
Any policeman who has completed 23 years of service prior to
his attainment of age 53 in the service and continues in the
service until his attainment of age 53 shall have added to his
annuity, computed as provided in the immediately preceding paragraph, an
additional annuity equal to 1% of such average salary for each
completed year of service or fraction thereof in excess of 23
years up to age 53.
(e) In lieu of the annuity provided in the foregoing provisions of this
Section any policeman who withdraws from the service either (i) after
December 31, 1983 with at least 22 years of service credit and having
attained age 52 in the service, or (ii) after December 31, 1984 with at
least 21 years of service credit and having attained age 51 in the service,
or (iii) after December 31, 1985 with at least 20 years of service credit
and having attained age 50 in the service, or (iv) after December 31,
1990, with at least 20 years of service credit regardless of age, shall
be entitled to an annuity to begin not earlier than upon attainment of
age 50 if under such age at withdrawal, computed as follows: an annuity
equal to 50% of the average salary for the 4 highest consecutive years of the
last 10 years of service, plus additional annuity equal to 2% of such average
salary for each completed year of service or fraction thereof rendered after
his completion of the minimum number of years of service required for him to be
eligible under this subsection (e). In lieu of any annuity provided in the
foregoing provisions of this Section, any policeman who withdraws from the
service after December 31, 2003, with at least 20 years of service credit
regardless of age, shall be entitled to an annuity to begin not earlier than
upon attainment of age 50, if under that age at withdrawal, equal to 2.5% of
the average salary for the 4 highest consecutive years of the last 10 years of
service for each completed year of service or fraction thereof. However,
the annuity provided under this subsection (e) may not exceed 75% of such
average salary.
(f) A policeman withdrawing after September 1, 1969, may, in addition, be
entitled to the benefits provided by Section 5-167.1 of this Article if he
so qualifies under that Section.
If, on withdrawal, total service is less than 20 years, the policeman
shall not be entitled to an annuity under this Section but may receive an
annuity under the other provisions of this Article or, if entitled thereto
under Section 5-163, a refund of the deductions from salary, including, in
the case of policemen transferred to the police service of the city under
the Exchange of Functions Act of 1957, the additional contribution paid on
salary received from August 1, 1957, to July 17, 1959, as provided in the
Park Policemen's Annuity Act, together with interest at 1 1/2% per annum.
Moneys voluntarily contributed under the Policemen's Annuity and Benefit
Fund Act of the Illinois Municipal Code, or the Park Policemen's Annuity
Act, shall be refunded to the contributing policemen who were in service on
January 1, 1954, or in the case of policemen transferred to the police
service of the city under the Exchange of Functions Act of 1957, who were
in service on July 17, 1959.
The age and service annuity formula in this Section shall not apply to
any policeman who, having retired before July 8, 1957, or before July 17,
1959, in the case of a policeman transferred under the provisions of the
Exchange of Functions Act of 1957, re-enters the police service after such
dates, whichever are applicable.
(Source: P.A. 93-654, eff. 1-16-04.)
(40 ILCS 5/5-132.2) (from Ch. 108 1/2, par. 5-132.2)
Sec. 5-132.2.
Reversionary annuity.
(a) A policeman, prior to retirement
on annuity, may elect to take a lesser amount of annuity and provide, with
the actuarial value of the amount by which his annuity is reduced, a reversionary
annuity for a wife or husband. The option may be exercised by filing
a written designation with the board prior to retirement, and may be revoked
by the policeman at any time before retirement. The death of the policeman
prior to his retirement shall automatically void the option.
(b) The death of the designated reversionary annuitant prior to the policeman's
retirement shall automatically void the option. If the reversionary annuitant
dies after the policeman's retirement and before the death of the policeman
annuitant, the reduced annuity being paid to the retired policeman annuitant
shall be increased to the amount of annuity before reduction for the reversionary
annuity and no reversionary annuity shall be payable.
The option is subject to the further condition that no reversionary annuity
shall be paid if the policeman dies before the expiration of 730 days from
the date his written designation was filed with the board, even though he has
retired and is receiving a reduced annuity.
(c) A policeman exercising this option may not reduce his annuity by more
than $200 per month, or elect to provide a reversionary annuity of less than
$50 per month.
(d) A reversionary annuity shall begin on the day following the death
of the annuitant, with the first prorated payment due and payable the first
day of the month following the date of death, and shall continue monthly
thereafter until the death of the reversionary annuitant, with the last
payment prorated to date of death.
(e) Notwithstanding the fact that a policeman has elected to receive a
reduced annuity under this Section, the increases in annuity provided in
Section 5-167.1 of this Article shall be calculated on the amount of the
original unreduced annuity.
(f) The amount of the monthly reversionary annuity shall be determined
by multiplying the amount of the monthly reduction in the policeman's annuity
by the applicable factor in the following table based on the age of the
policeman and the difference in the age of the policeman and the age of
the policeman's spouse at the starting date of the policeman's annuity.
(Source: P.A. 83-823.)
(40 ILCS 5/5-133) (from Ch. 108 1/2, par. 5-133)
Sec. 5-133.
Widow's prior service annuity.
"Widow's Prior Service Annuity" shall be credited for the widow of a
male present employee for service prior to the effective date, in
accordance with the "Policemen's Annuity and Benefit Fund Act of the
Illinois Municipal Code" and this Article.
The amounts so credited shall be improved by interest at 4% per annum
during the employee's service subsequent to the effective date until he
attains age 57.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-134) (from Ch. 108 1/2, par. 5-134)
Sec. 5-134.
Widow's annuity.
"Widow's Annuity" shall be provided for the widows of policemen for
service after the effective date.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-135) (from Ch. 108 1/2, par. 5-135)
Sec. 5-135.
Amount of present employee's widow's annuity on effective date.
The amount of annuity for the wife of a present employee who attains age
57 or more on or before the effective date shall be fixed on the effective
date as of the wife's age at the time the employee attained age 57. The
widow shall receive annuity, from the date of the employee's death, of such
amount as can be provided from the employee's credit for such annuity on
the effective date.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-136) (from Ch. 108 1/2, par. 5-136)
Sec. 5-136. Widow's annuity - all employees attaining age 57 in
service. The annuity for the wife of an employee who attains age 57
in service, and who thereafter withdraws from or dies in service, shall
be fixed, in the case of a future entrant, as of her age at the date of
his withdrawal or death, whichever first occurs, and, in the case of a
present employee, as of her age when the employee withdraws from or
dies in service.
The widow is entitled to annuity from and after the employee's
death, as follows:
If the employee withdraws from service and enters upon annuity,
the annuity shall be that amount provided from his credit for widow's
annuity, and widow's prior service annuity (if a present employee), at
the time he withdraws from or dies in service after attainment of age
57, but shall not be less than 40% of the amount of annuity earned by
the employee at the time of his withdrawal from the service after his
attainment of age 57 or not less than 40% of the amount of annuity
accrued to the credit of the employee on date of his death in service
after his attainment of age 57 computed according to Section 5-132,
subject to the limitations of Section 5-148, but shall not be less
than $100 per month. If the widow is more than 5 years younger than
her husband, the 40% annuity for the widow shall be reduced to the
actuarial equivalent of her attained age, on the basis of the Combined
Annuity Table 3% interest.
The widow of a policeman who retires from service after December
31, 1975 or who dies while in service after December 31, 1975 and on
or after the date on which he becomes eligible to retire under Section
5-132 shall, if she is otherwise eligible for a widow's annuity under
this Article and if the amount determined under this paragraph is more
than the total combined amounts of her widow's annuity and widow's
prior service annuity, or the annuities provided hereinbefore in this
Section receive, in lieu of such other widow's annuity and widow's
prior service annuity, or annuities provided hereinbefore in this
Section a widow's annuity equal to 40% of the amount of annuity which her
deceased policeman husband received as of the date of his retirement on
annuity or if he dies in the service prior to retirement on annuity a
widow's annuity equal to 40% of the amount of annuity her deceased
policeman husband would have been entitled to receive if he had retired
on the day before the date of his death in the service, except that if
the age of the wife at date of retirement or the age of the widow at
date of death in the service is more than 5 years younger than her
policeman husband, the amount of such annuity shall be reduced by 1/2
of 1% for each such month and fraction thereof that she is more than
5 years younger at date of retirement or at date of death subject to
a maximum reduction of 50%. However, no annuity under this Section
shall exceed $500.00 per month.
This Section does not apply to the widow of any former policeman
who was receiving an annuity from the fund on December 31, 1975 and
who reenters service as a policeman, unless he renders at least 3
years of additional service after re-entry.
(Source: P.A. 97-813, eff. 7-13-12.)
(40 ILCS 5/5-136.1) (from Ch. 108 1/2, par. 5-136.1)
Sec. 5-136.1.
(a) Notwithstanding the other provisions of this
Article, the widow of a policeman (1) who retires on or after January 1, 1986,
and subsequently dies while receiving a retirement annuity, or (2) dies
on or after January 1, 1991 while receiving a retirement annuity without
regard to the date of retirement, or (3) dies after
December 31, 1985, while an active policeman with at least 1 1/2 years of
creditable service, may in lieu of any other widow's annuity have the
amount of widow's annuity calculated in accordance with this Section.
(b) If the deceased policeman was an active policeman at the time of
his death and had at least 1 1/2 years of creditable service, the widow's
annuity shall be 30% of the annual maximum salary attached to the
classified civil service position of a first class patrolman at the time of
his death. If such policeman dies on or after January 1, 1991, the
widow's annuity shall be the greater of (1) 30% of the annual maximum
salary attached to the classified civil service position of a first class
patrolman at the time of his death, or (2) 50% of the retirement annuity
the deceased policeman would have been eligible to receive if he had
retired from service on the day before his death.
This annuity is fixed at the time of the policeman's death and
does not increase. This annuity shall not be limited to the maximum dollar
amount in effect for widows' annuities at the time of the policeman's death.
(c) If the deceased policeman was receiving a retirement annuity at the
time of his death, the widow's annuity shall be equal to 40% of the
policeman's annuity at the time of the policeman's death until December
31, 1987, and 50% of such policeman's annuity thereafter. The increase in
widow's annuity provided by this amendatory Act of 1987 shall apply to all
annuities calculated under this subsection (c). This annuity
shall not be limited to the maximum dollar amount in effect for widows'
annuities at the time of the policeman's death or retirement.
(d) This Section shall in no way limit any annuity otherwise payable
under this Article.
(e) The widow's annuity of any widow of a policeman who retired on or
after January 1, 1986 and died while receiving a retirement annuity, which
was not calculated under this Section because the deceased policeman had
reached age 63 prior to January 1, 1986, shall be recalculated, effective
January 1, 1991, in accordance with the provisions of this Section,
notwithstanding Section 1-103.1.
(Source: P.A. 85-964; 86-1488.)
(40 ILCS 5/5-137) (from Ch. 108 1/2, par. 5-137)
Sec. 5-137.
Widow's annuity - All employees - Death in service.
The widow
of a present employee or future entrant who dies in service is entitled
to receive annuity, from the date of his death,
of the amount provided from the sums to his credit at his death for age and
service annuity, widow's annuity, and, if a present employee, prior service
annuity and widow's prior service annuity; but no part of such sums so
credited which represent contributions by the city shall be used to provide
annuity for the widow in excess of that to which she would have had a right if
the employee had lived and remained in service at final salary until age
63 or until such date as he would have retired by operation of law,
whichever is later, and the amount of annuity for his wife were then fixed. The annuity
shall be computed as of the widow's age on the date of the employee's
death.
(Source: P.A. 86-272.)
(40 ILCS 5/5-138) (from Ch. 108 1/2, par. 5-138)
Sec. 5-138.
Widow's annuity - All employees - Withdrawal after age 50.
The amount of widow's annuity and of widow's prior service annuity
for the wife of an employee who (1) attained age 50 or more while in service
and (2) served 10 or more years and (3)
withdraws from service, shall be fixed as of her age at the time of
withdrawal.
The annuity, payable after the date of the employee's death, shall be
such amount as can be provided from the following sums to his credit on
the date the annuity was fixed:
1. If service is 20 or more years, the entire sum credited for
widow's annuity and, for a present employee, widow's prior service
annuity, but shall not be less than $100 per month, or
2. If service is 10 or more but less than 20 years, the entire sum
credited for widow's annuity from employee contributions, plus the sum
obtained by applying 1/10 of the entire sum credited for widow's annuity
and, for a present employee, widow's prior service annuity, from
contributions by the city, for each year of service after the first 10
years.
(Source: P.A. 86-272.)
(40 ILCS 5/5-139) (from Ch. 108 1/2, par. 5-139)
Sec. 5-139.
Widow's annuity - All employees - Withdrawal before age 50
and death after age 50.
The widow's annuity and widow's prior service annuity for the wife of
an employee who withdraws after service of 10 or more years before age
50 and later attains such age and dies while out of service, shall be
fixed as of her age at the time the employee becomes age 50. She shall
receive annuity, from the date of the employee's death, of such amount
as can be provided from the following sums to his credit on the date the
annuity was fixed:
1. If service is 20 or more years, the sum credited for widow's
annuity and, for a present employee, widow's prior service annuity;
2. If service is 10 or more but less than 20 years, the sum credited
for widow's annuity from employee contributions, plus 1/10 of the sum
credited for widow's annuity and, for a present employee, widow's prior
service annuity, from contributions by the city, for each year of
service after the first 10 years.
(Source: P.A. 81-1536.)
(40 ILCS 5/5-140) (from Ch. 108 1/2, par. 5-140)
Sec. 5-140.
Widow's annuity - All employees - Withdrawal and death
before age 50.
The widow of an employee who (1) has served 10 or more years and (2)
withdraws before age 50 and (3) dies out of service before age 50 shall
receive annuity, from the date of his death, of the amount provided from
the following sums accumulated to his credit on the date of his death:
1. If service is 20 or more years, the entire sum credited for age
and service annuity, widow's annuity, and, if a present employee, prior
service annuity and widow's prior service annuity; or
2. If service is 10 or more but less than 20 years, the sum
accumulated to his credit for age and service annuity, widow's annuity,
and, if a present employee, prior service annuity from employee
contributions, plus 1/10 of the
sum credited for age and service
annuity, widow's annuity, and, for a present employee, prior service
annuity and widow's prior service annuity, from contributions by the
city, for each year of service after the first 10 years.
The annuity shall be computed as of the widow's age at the date of
the employee's death.
No part of contributions by the city shall be used to provide annuity
for a widow in excess of that which she would have had a right to
receive if the employee had lived until age 50 and had not re-entered
service and the annuity were then fixed for the widow, as of her age on
the date when her husband would have attained age 50.
(Source: P.A. 81-1536.)
(40 ILCS 5/5-141) (from Ch. 108 1/2, par. 5-141)
Sec. 5-141.
Widow's annuity - Re-entry and new fixation.
Annuity in excess of that fixed in Sections 5-138 and 5-139 shall not
be granted to the widow of an employee described therein, unless the
employee re-enters the service, in which case the annuity for
his wife shall be fixed when he
again withdraws, as of her age when such
annuity is fixed.
(Source: P.A. 86-272.)
(40 ILCS 5/5-142) (from Ch. 108 1/2, par. 5-142)
Sec. 5-142.
Widow's annuity-Determination of age of widow.
Widow's annuity shall be computed as herein provided, except that the
maximum age of a widow for any annuity purposes shall not be more than 5
years less than the age of the employee.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-143) (from Ch. 108 1/2, par. 5-143)
Sec. 5-143.
Widow's annuity - Limitations after fixation.
Except as otherwise provided in this Article (a) no
employee or city contributions for widow's annuity shall be made after
such annuity has
been fixed; (b) no annuity in excess of that fixed in accordance with
this Article shall be granted; and (c) no service rendered after the
time of fixing shall be considered for widow's annuity.
(Source: P.A. 81-1536.)
(40 ILCS 5/5-144) (from Ch. 108 1/2, par. 5-144)
Sec. 5-144. Death from injury in the performance of acts of duty;
compensation annuity and supplemental annuity.
(a) Beginning January 1, 1986, and without regard to whether or not the
annuity in question began before that date, if the annuity for the widow of a
policeman whose death, on or after January 1, 1940, results from injury
incurred in the performance of an act or acts of duty, is not equal to the sum
hereinafter stated, "compensation annuity" equal to the difference between the
annuity and an amount equal to 75% of the policeman's salary attached to the
position he held by certification and appointment as a result of competitive
civil service examination that would ordinarily have been paid to him as though
he were in active discharge of his duties shall be payable to the widow until
the policeman, had he lived, would have attained age 63. The total amount of
the widow's annuity and children's awards payable to the family of such
policeman shall not exceed the amounts stated in Section 5-152.
For the purposes of this Section only, the death of any policeman as a result of the exposure to and contraction of COVID-19, as evidenced by either (i) a confirmed positive laboratory test for COVID-19 or COVID-19 antibodies or (ii) a confirmed diagnosis of COVID-19 from a licensed medical professional, shall be rebuttably presumed to have been contracted while in the performance of an act or acts of duty and the policeman shall be rebuttably presumed to have been fatally injured while in active service. The presumption shall apply to any policeman who was exposed to and contracted COVID-19 on or after March 9, 2020 and on or before June 30, 2021 (including the period between December 31, 2020 and the effective date of this amendatory Act of the 101st General Assembly); except that the presumption shall not apply if the policeman was on a leave of absence from his or her employment or otherwise not required to report for duty for a period of 14 or more consecutive days immediately prior to the date of contraction of COVID-19. For the purposes of determining when a policeman contracted COVID-19 under this paragraph, the date of contraction is either the date that the policeman was diagnosed with COVID-19 or was unable to work due to symptoms that were later diagnosed as COVID-19, whichever occurred first.
The provisions of this Section, as amended by Public Act 84-1104, including
the reference to the date upon which the deceased policeman would have attained
age 63, shall apply to all widows of policemen whose death occurs on or after
January 1, 1940 due to injury incurred in the performance of an act of duty,
regardless of whether such death occurred prior to September 17, 1969. For
those widows of policemen that died prior to September 17, 1969, who became
eligible for compensation annuity by the action of Public Act 84-1104, such
compensation annuity shall begin and be calculated from January 1, 1986. The
provisions of this amendatory Act of 1987 are intended to restate and clarify
the intent of Public Act 84-1104, and do not make any substantive change.
(b) Upon termination of the compensation annuity, "supplemental annuity"
shall become payable to the widow, equal to the difference between the annuity
for the widow and an amount equal to 75% of the annual salary
(including all salary increases and longevity raises) that the policeman would
have been receiving when he attained age 63 if the policeman had continued in
service at the same rank (whether career service or exempt) that he last held
in the police department. The increase in supplemental annuity resulting from
this amendatory Act of the 92nd General Assembly applies without
regard to whether the deceased policeman was in service on or after the
effective date of this amendatory Act and is payable from July 1, 2002 or the
date upon which the supplemental annuity begins,
whichever is later.
(c) Neither compensation nor supplemental annuity shall be paid unless the
death of the policeman was a direct result of the injury, or the injury was
of such character as to prevent him from subsequently resuming service as a
policeman; nor shall compensation or supplemental annuity be paid unless the
widow was the wife of the policeman when the injury occurred.
(Source: P.A. 101-633, eff. 6-5-20; 101-653, eff. 2-28-21.)
(40 ILCS 5/5-145) (from Ch. 108 1/2, par. 5-145)
Sec. 5-145.
Minimum annuity to widow of present employee or of former policeman who
re-entered service.
If the annuity for a widow of a present employee, or of a policeman in
the police service of the city prior to but not on the day before the
effective date, who re-entered service after that date and before age 57 is
less than the amount of annuity specified in this section, the widow shall
receive the following annuity after the present employee's or policeman's
death: an amount equal to the sum produced by multiplying $30 by the number
of years of service, not in excess of 20, including his last year of
service but in no case less than 7 1/2% of his final salary.
The annuity shall be paid to the widow of a present employee or
policeman who (1) dies in service, or (2) withdraws and enters upon
annuity, or (3) has served 20 or more years and withdraws before age 50 and
dies before he enters upon annuity.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-146) (from Ch. 108 1/2, par. 5-146)
Sec. 5-146. Wives and widows not entitled to annuities. The following wives or widows have no right to annuity from the fund:
(a) A wife or widow, married subsequent to the effective date, of a
policeman who dies in service, if the marriage occurred less than one year
prior to the policeman's death, except with respect to a policeman who dies in the performance of an act of duty, as
provided in Section 5-147 in cases where a widow
entitled to an annuity remarries after age 60, or when a widow entitled
to an annuity remarries prior to attaining age 60 and the marriage is
terminated, at any time thereafter, by dissolution of marriage, declaration
of invalidity of marriage or the death of the husband; if after an evidentiary hearing, however, the Board, at its sole discretion determines that special circumstances exist warranting payment of a widow's annuity, then and only then shall the Board have authority to grant and award the annuity that would have been otherwise available;
(b) A wife or widow of a policeman who withdraws, whether or not he
enters upon annuity, and dies out of service, if the marriage occurred
after the effective date and less than one year prior to the policeman's
death, and the widow was not his wife while he was in
service; if after an evidentiary hearing, however, the Board, at its sole discretion determines that special circumstances exist warranting payment of a widow's annuity, then and only then shall the Board have authority to grant and award the annuity that would have been otherwise available;
(c) A wife or widow of a policeman who (1) has served 10 or more
years, (2) dies out of service after he has withdrawn, and (3) has
received a refund of the sums to his credit for annuity, and such refund
has not been repaid in accordance with the other provisions of this Article;
(d) A wife or widow of a policeman who dies out of service after he
has withdrawn, and who has not served at least 10 years;
(e) A former wife of a policeman who has had a judgment of dissolution
of marriage from her policeman husband annulled, vacated or set aside by
court proceedings subsequent to the policeman's death, unless (1) the
proceedings were filed within 5 years after the date of dissolution of
marriage, and within 1 year after the policeman's death, and (2) the board
was made a party to the proceedings;
(f) A widow of a policeman who died prior to January 1, 1922, if she
had been denied a pension by the board of trustees of any police pension
fund existing in the city by operation of any other law;
(g) A widow of a policeman who has been denied a pension or annuity
by the board created by this Article and who files a petition for a
rehearing, or files a second application for annuity, unless the
petition for rehearing or second application is filed within 1 year from
the date upon which the annuity was denied by the board; provided, that
in the case of legal disability, the year of limitation
shall begin on the day after the termination of such disability.
(Source: P.A. 95-504, eff. 8-28-07.)
(40 ILCS 5/5-147) (from Ch. 108 1/2, par. 5-147)
Sec. 5-147. Widow's marriage to terminate annuity.
(a) Beginning on the effective date of this amendatory Act of the
95th General Assembly, a widow's annuity shall no longer be subject to
termination or suspension under this Section due to remarriage. Any widow's
annuity that was previously terminated or suspended under this Section by
reason of remarriage shall, upon application, be resumed as of the date of the
application, but in no event sooner than the effective date of this amendatory
Act. The resumption shall not be retroactive. This subsection (a) applies
regardless of whether or not the deceased policeman was in service on or after
the effective date of this amendatory Act of the 95th General Assembly.
(b) This subsection (b) does not apply on or after the effective date of
this amendatory Act of the 95th General Assembly.
Any annuity
granted to a widow shall be suspended when she remarries, unless she
remarries after attaining age 60 or the annuity was granted under Section
5-144 and the remarriage takes place after October 31, 1989.
Except as otherwise provided by this Section, if a widow remarries before reaching
age 60, annuity payment shall be suspended, but the widow's annuity
payments shall be resumed if the subsequent marriage ends either by dissolution of
marriage, declaration of invalidity of marriage or the death of the
husband. If a widow remarries after attaining age 60, or the annuity was
granted under Section 5-144 and the remarriage takes place after June 1,
1990, regardless of whether or not the deceased policeman was in service on
or after the effective date of this amendatory Act of 1991, the widow's
annuity shall continue without interruption.
If when a widow dies she
has not received, in form of annuity, an amount equal to the accumulated
employee contributions for widow's annuity,
the difference between such accumulated contributions and the sum
received by her, along with any part of the accumulated contributions
for age and service annuity remaining in the fund at her death shall be
refunded to the policemen's children, in equal parts to each; provided,
if any child is less than age 18, such part of any such amount required
to pay annuities to such children shall be transferred to the child's
annuity reserve. If no children or descendants thereof survive the
policeman, such refund shall be paid to the estate of the policeman. In
making refunds under this Section, no interest shall be considered upon
either the total of annuity payments made or the amounts subject to
refund.
(Source: P.A. 95-504, eff. 8-28-07.)
(40 ILCS 5/5-147.1) (from Ch. 108 1/2, par. 5-147.1)
Sec. 5-147.1.
Widows-double annuity.
If any widow (1) receives any
annuity from the fund, and (2) after January 1, 1983 marries a policeman
who is a participant in this fund, and (3) such policeman dies and a second
widow's annuity becomes payable, the first widow's annuity provided for
such widow shall be cancelled at the time she accepts any payment of the
second widow's annuity. Any refund due because of such cancelled annuity
shall be paid to the widow.
(Source: P.A. 82-1044.)
(40 ILCS 5/5-148) (from Ch. 108 1/2, par. 5-148)
Sec. 5-148.
Maximum annuities.
No annuity in excess of 75% of the
highest salary considered for annuity purposes in accordance with this
Article shall be payable to a policeman, or to the widow of a policeman
whose death results from injury incurred in the performance of an act of
duty. No amount of annuity in excess of $500 per month shall be payable
to the widow of a policeman whose death results from any cause other
than injury incurred in the performance of an act of duty, except as
provided in Section 5-136.1.
If, when a policeman's annuity is fixed, there is to his credit, for
such annuity, an amount in excess of that necessary to provide an
annuity of 75% of his highest salary, 7/24 of such excess shall be
refunded if the policeman is a future entrant; and if he is a present
employee, there shall be refunded, a part of such excess amount
proportionately equal to that part of the entire amount to his credit
for such annuity purposes, which the sum that has resulted from salary
deductions bears to such entire amount.
Until January 1, 1986, if, when a widow's annuity is fixed, there is
to the policeman's
credit, for widow's annuity, an amount in excess of that necessary to
provide an annuity of $500 per month, 1/3 of such excess shall be
refunded to the policeman if he is a future entrant; and, if he is a
present employee, there shall be refunded a part of such excess amount
proportionately equal to that part of the entire amount to his credit
for such annuity purposes which the sum that has resulted from
employee contributions bears
to such entire amount. If the widow's annuity is fixed on or after
January 1, 1986, no refund of excess contributions shall be made under this paragraph.
Until January 1, 1986, if at the time of the death of a policeman
resulting from injury
incurred in the performance of an act of duty, there is to his credit,
for widow's annuity, an amount in excess of that necessary to provide an
annuity of 75% of his highest salary, or $500 per month if death results
from any other cause, 1/3 of such excess shall be refunded to his widow
if he was a future entrant; and, if he was a present employee, there
shall be refunded to his widow a part of such excess amount
proportionately equal to that part of the entire amount to his credit
for such annuity purposes which the sum that has resulted from employee's
contributions bears to such entire amount. If employee dies in service
on or after January 1, 1986, no refund of excess contributions shall be
made under this paragraph.
This amendatory Act of 1972 does not increase the amount of any
widow's annuity which is fixed before the effective date of this
amendatory Act of 1972.
(Source: P.A. 84-1104.)
(40 ILCS 5/5-149) (from Ch. 108 1/2, par. 5-149)
Sec. 5-149.
Mortality tables and interest rates.
(a) Any annuity fixed for or granted to a present employee or future
entrant who entered service prior to January 1, 1954, or to his widow,
shall be computed according to the American Experience Table of Mortality.
(b) Annuities for future entrants entering service after December 31,
1953, and for the widows and persons having a right to annuities or
benefits through such future entrants, shall be computed according to the
Combined Annuity Mortality Table.
(c) All sums to the credit of a policeman for annuity purposes at the
time he withdraws from service before age 50 shall be improved to his
credit thereafter by interest, while he is out of service and has not
entered upon annuity, until he attains age 57. Any annuity fixed for or
granted to present employees or future entrants who entered the service
prior to January 1, 1954, and who have not re-entered the service prior to
the time the annuity has been fixed or granted, and any annuity fixed for
or granted their widows, shall be computed according to the American
Experience Table of Mortality.
(d) The amount of widow's annuity or widow's prior service annuity which
shall be fixed for the wife of any policeman while he is alive shall be a
reversionary annuity provided from the sum to his credit for widow's
annuity or widow's prior service annuity.
(e) Interest on the annuities herein provided for policemen and their
beneficiaries shall be computed in accordance with Section 5-120.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-150) (from Ch. 108 1/2, par. 5-150)
Sec. 5-150.
Whenever the sum to a policeman's credit for annuity for him
or his widow is insufficient, at the time the amount of such annuity is
fixed, to provide a life annuity of $10 a month, a term annuity of $10 a
month shall be payable for a period of years and months to be computed from
his credits according to the actuarial tables in use by the fund.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-151) (from Ch. 108 1/2, par. 5-151)
Sec. 5-151.
Child's annuity.
A child's annuity shall be provided for unmarried natural or adopted
children of policemen, payable monthly, from the date of the policeman
parent's death until the child's attainment of age 18 except as limited by the
provisions of Section 5-152. The first payment shall be payable one month after
the date upon which the annuity accrues.
(Source: P.A. 79-881.)
(40 ILCS 5/5-152) (from Ch. 108 1/2, par. 5-152)
Sec. 5-152. Child's annuity - Conditions - Amount. A child's
annuity shall be payable in the following cases of policemen who die
on or after the effective date: (a) A policeman whose death results
from injury incurred in the performance of an act or acts of duty;
(b) a policeman who dies in service from any cause; (c) a policeman
who withdraws upon or after attainment of age 50 and who enters upon
or is eligible for annuity; (d) a present employee with at least 20
years of service who dies after withdrawal, whether or not he has
entered upon annuity.
Only one annuity shall be granted and paid for the benefit of
any child if both parents have been policemen.
The annuity shall be paid, without regard to the fact that
the death of the deceased policeman parent may have occurred prior to
the effective date of this amendatory Act of 1975, in
an amount equal to 10% of the
annual maximum salary attached to the classified civil
service position of a first class patrolman
on July 1, 1975, or the date of the policeman's death, whichever is later,
for each child while a widow or widower of the
deceased policeman survives and in
an amount equal to 15% of the annual maximum
salary attached to the classified civil service position of a first
class patrolman on July 1, 1975, or the date of the policeman's death, whichever
is later, while no widow
or widower shall survive,
provided that if the combined annuities for the widow
and children of a policeman who dies on or after September 26, 1969,
as the result of an act of duty, or for the children of such
policeman in any case wherein a widow or widower does not exist,
exceed the salary that would ordinarily have been paid to him if
he had been in the active discharge of his duties, all such annuities shall be
reduced pro rata so that the combined annuities for the family shall
not exceed such limitation. The compensation portion of the annuity
of the widow shall not be considered in making such reduction.
No age limitation in this Section or Section 5-151 shall apply to a child who is so physically or mentally handicapped as to be unable to support himself or herself. Benefits payable under this Section shall not be reduced or
terminated by reason of any child's attainment of age 18 if he is then
dependent by reason of a physical or mental disability but shall continue
to be paid as long as such dependency continues. For the purposes of this
subsection, "disability" means inability to engage in any substantial
gainful activity by reason of any medically determinable physical or
mental impairment which can be expected to result in death or which has
lasted or can be expected to last for a continuous period of not less
than 12 months.
In the case of a family of a policeman who dies on or after
September 26, 1969, as the result of any cause other than the performance
of an act of duty, in which annuities for such family exceed an amount
equal to 60% of the salary that would ordinarily have been paid to
him if he had been in the active discharge of his duties, all such
annuities shall be reduced pro rata so that the combined annuities shall
not exceed such limitation.
Child's annuity shall be paid to the parent providing for
the child, unless another person is appointed by a court of law as
the child's guardian.
(Source: P.A. 95-279, eff. 1-1-08; 95-504, eff. 8-28-07; 95-876, eff. 8-21-08.)
(40 ILCS 5/5-152.1)
Sec. 5-152.1.
Parent's annuity.
(a) A parent's annuity shall be provided for
the natural parent or parents of a policeman who dies on or after the
effective date of this amendatory Act of 1996 while (i) in active service,
(ii) disabled and in receipt of or pending receipt of a disability benefit,
(iii) on leave of absence with whole or part pay, (iv) on leave of absence
without pay during a period of not more than 3 months in the aggregate, (v)
in receipt of annuity granted after 20 years of service, or (vi) out of the
service after 20 years of service and pending receipt of annuity to which the
policeman has a right upon attainment of age 50 or more. However, the parent's
annuity is payable only if there is no surviving spouse or child entitled to
an annuity as a result of the policeman's death, and satisfactory proof is
submitted to the board that the policeman was contributing to the support of
the parent or parents at the time of death.
(b) Beginning July 1, 1997, a parent's annuity shall be available to
the natural parent or parents of a policeman who died before August 9, 1996
while (i) in active service, (ii) disabled and in receipt of or pending receipt
of a disability benefit, (iii) on leave of absence with whole or part pay, (iv)
on leave of absence without pay during a period of not more than 3 months in
the aggregate, (v) in receipt of annuity granted after 20 years of service,
or (vi) out of the service after 20 years of service and pending receipt of
annuity to which the policeman has a right upon attainment of age 50 or more.
However, the parent's annuity is payable only if there is no surviving spouse
or child entitled to an annuity as a result of the policeman's death, and
satisfactory proof is submitted to the board that the policeman was
contributing to the support of the parent or parents at the time of death.
The parent's annuity shall begin no earlier than the first day of the month
following the month in which the application for parent's annuity is received
by the Fund.
(c) The parent's annuity shall be 18% of the current annual salary
attached to the classified position held by the policeman at the time of death
or withdrawal from service for each eligible surviving parent, payable on a
monthly basis.
(Source: P.A. 89-643, eff. 8-9-96; 90-511, eff. 8-22-97.)
(40 ILCS 5/5-153) (from Ch. 108 1/2, par. 5-153)
Sec. 5-153. Death benefit.
(a) Effective January 1, 1962, an ordinary death benefit is payable
on account of any policeman in service and in receipt of salary on or
after such date, which benefit is in addition to all other annuities and
benefits herein provided. This benefit is payable upon death of a
policeman:
(b) The ordinary death benefit is payable to such beneficiary or
beneficiaries as the policeman has nominated by written direction duly
signed and acknowledged before an officer authorized to take
acknowledgments, and filed with the board. If no such written direction
has been filed or if the designated beneficiaries do not survive the
policeman, payment of the benefit shall be made to his estate.
(c) Until December 31, 1977, if death occurs prior to retirement on annuity
and before the
policeman's attainment of age 50, the amount of the benefit payable is
$6,000. If death occurs prior to retirement, at age 50 or over, the
benefit of $6,000 shall be reduced $400 for each year (commencing on the
policeman's attainment of age 50, and thereafter on each succeeding
birthdate) that the policeman's age, at date of death, is more than age
50, but in no event below the amount of $2,000. However, if death
results from injury incurred in the performance of an act or acts of
duty, prior to retirement on annuity, the amount of the benefit payable
is $6,000 notwithstanding the age attained.
Until December 31, 1977, if the policeman's death occurs while he is in
receipt of an annuity,
the benefit is $2,000 if retirement was effective upon attainment of age
55 or greater. If the policeman retired at age 50 or over and before age
55, the benefit of $2,000 shall be reduced $100 for each year or
fraction of a year that the policeman's age at retirement was less than
age 55 to a minimum payment of $1,500.
After December 31, 1977, and on or before January 1, 1986, if death
occurs prior to retirement on annuity
and before the policeman's attainment of age 50, the amount of the benefit
payable is $7,000. If death occurs prior to retirement, at age 50 or over,
the benefit of $7,000 shall be reduced $400 for each year (commencing on
the policeman's attainment of age 50, and thereafter on each succeeding
birthdate) that the policeman's age, at date of death, is more than age
50, but in no event below the amount of $3,000. However, if death results
from injury incurred in the performance of an act or acts of duty, prior
to retirement on annuity, the amount of the benefit payable is $7,000 notwithstanding
the age attained.
After December 31, 1977, and on or before January 1, 1986, if the
policeman's death occurs while he is in
receipt of an annuity, the benefit is $2,250 if retirement was effective
upon attainment of age 55 or greater. If the policeman retired at age 50
or over and before age 55, the benefit of $2,250 shall be reduced $100 for
each year or fraction of a year that the policeman's age at retirement was
less than age 55 to a minimum payment of $1,750.
After January 1, 1986, if death occurs prior to retirement on annuity and
before the policeman's attainment of age 50, the amount of benefit payable
is $12,000. If death occurs prior to retirement, at age 50 or over, the
benefit of $12,000 shall be reduced $400 for each year (commencing on the
policeman's attainment of age 50, and thereafter on each succeeding
birthdate) that the policeman's age, at date of death, is more than age 50,
but in no event below the amount of $6,000. However, if death results from
injury in the performance of an act or acts of duty, prior to retirement on
annuity, the amount of benefit payable is $12,000 notwithstanding the age attained.
After January 1, 1986, if the policeman's death occurs while he is in
receipt of an annuity, the benefit is $6,000.
(d) For the purposes of this Section only, the death of any policeman as a result of the exposure to and contraction of COVID-19, as evidenced by either (i) a confirmed positive laboratory test for COVID-19 or COVID-19 antibodies or (ii) a confirmed diagnosis of COVID-19 from a licensed medical professional, shall be rebuttably presumed to have been contracted while in the performance of an act or acts of duty and the policeman shall be rebuttably presumed to have been fatally injured while in active service. The presumption shall apply to any policeman who was exposed to and contracted COVID-19 on or after March 9, 2020 and on or before June 30, 2021 (including the period between December 31, 2020 and the effective date of this amendatory Act of the 101st General Assembly); except that the presumption shall not apply if the policeman was on a leave of absence from his or her employment or otherwise not required to report for duty for a period of 14 or more consecutive days immediately prior to the date of contraction of COVID-19. For the purposes of determining when a policeman contracted COVID-19 under this subsection, the date of contraction is either the date that the policeman was diagnosed with COVID-19 or was unable to work due to symptoms that were later diagnosed as COVID-19, whichever occurred first.
(Source: P.A. 101-633, eff. 6-5-20; 101-653, eff. 2-28-21.)
(40 ILCS 5/5-154) (from Ch. 108 1/2, par. 5-154)
Sec. 5-154.
Duty disability benefit; child's disability benefit.
(a) An active policeman who becomes disabled on or after the
effective date as the result of injury incurred on or after such
date in the performance of an act of duty, has a right to receive duty
disability benefit during any period of such disability for which he
does not have a right to receive salary, equal to 75% of his salary, as
salary is defined in this Article, at the time the disability is allowed;
or in the case of a policeman on duty disability who returns
to active employment at any time for a period of at least 2
years and is again disabled from the same cause or causes,
75% of his salary, as salary is defined in this Article, at
the time disability is allowed; provided, however, that:
(b) The policeman shall also have a right to child's disability benefit
of $100 per month for each unmarried child, the issue of the
policeman, less than age 18, but the total amount of child's disability benefit
shall not exceed 25% of his salary as defined in this Article. The increase
in child's disability benefit provided by this amendatory Act of the 92nd
General Assembly applies beginning January 1, 2000 to all such benefits payable
on or after that date, regardless of whether the disabled policeman is in
active service on or after the effective date of this amendatory Act.
(c) Duty disability benefit shall be payable until the policeman
becomes age 63 or would have been retired by operation of law, whichever
is later, and child's disability benefit shall be paid during any such
period of disability until the child attains age 18. Thereafter the
policeman shall receive the annuity provided in accordance with the
other provisions of this Article.
(d) A policeman who suffers a heart attack during the performance
and discharge of his or her duties as a policeman shall be considered
injured in the performance of an act of duty and shall be eligible for
all benefits that the City provides for police officers injured in the
performance of an act of duty. This subsection (d) is a restatement of
existing law and applies without regard to whether the policeman is in service
on or after the effective date of Public Act 89-12 or this amendatory Act of
1996.
(Source: P.A. 92-52, eff. 7-12-01.)
(40 ILCS 5/5-154.1) (from Ch. 108 1/2, par. 5-154.1)
Sec. 5-154.1.
Occupational disease disability benefit.
(a) The General Assembly finds that service in the police
department requires police officers in times of stress
and danger to perform unusual tasks; that police officers are
subject to exposure to extreme heat or extreme
cold in certain seasons while performing their duties; and that these
conditions exist and arise out of or in the course of employment.
(b) Any police officer with at least 10 years of service who suffers a
heart attack or any other disabling heart disease but is not entitled to a
benefit under Section 5-154 is entitled to receive an occupational disease
disability benefit under this Section. The occupational disease disability
benefit shall be 65% of the salary attached to the rank held by the police
officer in the police service at the time of his or her removal from the police
department payroll. However, no occupational disease disability benefit that
has been payable under this Section for at least 10 years shall be less than
50% of the current salary attached from time to time to the rank held by the
police officer at the time of his or her removal from the police department
payroll.
The police officer is also entitled to a child's disability benefit of
$100 per month for each natural or legally adopted unmarried child
less than age 18 dependent upon the police officer for support. The total
child's disability benefit shall not exceed 10% of the police officer's salary
at the time of removal from the police department payroll. The increase
in child's disability benefit provided by this amendatory Act of the 92nd
General Assembly applies beginning January 1, 2000 to all such benefits payable
on or after that date, regardless of whether the disabled policeman is in
active service on or after the effective date of this amendatory Act.
The occupational disease disability benefit is payable during the period of
disability until the police officer attains age 63 or compulsory retirement
age, whichever occurs later; thereafter the police officer shall receive the
benefits provided under the other provisions of this Article. If the police
officer ceases to be disabled, the occupational disease disability benefit
shall cease.
The child's disability benefit is payable during the period of disability
until the child attains age 18 or marries, whichever event occurs first,
except that a benefit payable on account of a child under this Section shall
not be reduced or terminated by reason of the child's attainment of age 18
if he or she is then dependent by reason of a physical or mental disability,
but shall continue to be paid as long as the child's dependency and
disability continue.
(Source: P.A. 92-52, eff. 7-12-01.)
(40 ILCS 5/5-155) (from Ch. 108 1/2, par. 5-155)
Sec. 5-155. Ordinary disability benefit. A policeman less than age 63 who becomes disabled after the
effective date as the result of any cause other than injury incurred in
the performance of an act of duty, shall receive ordinary disability
benefit during any period or periods of disability exceeding 30 days,
for which he does not have a right to receive any part of his salary.
Payment of such benefit shall not exceed, in the aggregate, throughout the
total service of the policeman, a period equal to one-fourth of the
service rendered to the city prior to the time he became disabled, nor
more than 5 years. In computing such period of service, the time that
the policeman received ordinary disability benefit shall not be
included.
When a disabled policeman becomes age 63 or would have been retired by
operation of law, whichever is later, the disability benefit
shall cease. The policeman, if still disabled, shall thereafter receive
such annuity as is provided in accordance with other provisions of this
Article.
Ordinary disability benefit shall be 50% of the policeman's salary,
as salary is defined in this Article (including the limitation in Section 5-238 if applicable), at the time disability occurs.
Until September 1, 1969, before any payment, an amount equal to the sum
ordinarily deducted from the policeman's salary for all annuity purposes
for the period for which payment of ordinary disability benefit is made
shall be deducted from such payment and credited as a deduction from
salary for such period. Beginning September 1, 1969, the city shall also
contribute all amounts ordinarily contributed by it for annuity purposes
for the policeman as if he were in active discharge of his duties. Such
sums so credited shall be regarded, for annuity and refund purposes, as
sums contributed by the policeman.
(Source: P.A. 99-905, eff. 11-29-16.)
(40 ILCS 5/5-156) (from Ch. 108 1/2, par. 5-156)
Sec. 5-156.
Proof of disability - Physical
examinations. Proof of duty, occupational disease, or ordinary disability
shall be furnished to the board by at least one licensed and practicing
physician appointed by the board. In cases where the board requests an
applicant to get a second opinion, the applicant must select a physician from
a list of qualified licensed and practicing physicians who specialize in the
various medical areas related to duty injuries and illnesses, as established
by the board. The board may require other evidence of disability. A disabled
policeman who receives a duty, occupational disease, or ordinary
disability benefit shall be examined at least once a year by one or more
physicians appointed by the board. When the disability ceases, the board shall
discontinue payment of the benefit, and the policeman shall be returned to
active service.
(Source: P.A. 90-766, eff. 8-14-98.)
(40 ILCS 5/5-157) (from Ch. 108 1/2, par. 5-157)
Sec. 5-157. Administration of disability benefits.
(a) If a policeman who is granted duty or ordinary disability benefit
refuses to submit to examination by a physician appointed by the board, he
shall have no further right to receive the benefit.
(b) A policeman who has withdrawn from service while disabled and
entered upon annuity prior to the effective date, and who has thereafter been
reinstated as a policeman, shall have no right to ordinary disability
benefit in excess of the amount previously received unless he serves at
least one year after such reinstatement. This provision shall apply
throughout the duration of any disability incurred by the policeman within
one year after his reinstatement resulting from any cause other than injury
incurred in the performance of an act of duty.
(c) Until the effective date of this amendatory Act of the
92nd General Assembly, a policeman who assumes regular employment
for compensation, while in receipt of ordinary or duty disability benefits,
shall not be entitled to receive any amount of such disability benefits which,
when added to his compensation for such employment during disability, would
exceed 150% of the rate of salary which would be paid to him if he were working
in his regularly appointed civil service position as a policeman. The changes
made to this Section by Public Act 90-766 are not limited to persons in service on or after the effective
date of that Act.
Beginning on the effective date of this amendatory Act of the 92nd
General Assembly, the reduction of disability benefits due to compensation for
employment previously imposed under this subsection (c) no longer applies to
any person receiving a disability benefit under this Article, without regard to
whether the person is in service on or after that date. The removal of this
limitation by this amendatory Act is not retroactive and does not entitle any
person to the restoration of amounts previously reduced or withheld under this
subsection.
(d) Disability benefit shall not be paid for any part of time for which
a disabled policeman shall receive any part of his salary.
(e) Except as herein otherwise provided, disability benefit shall not
be paid for any disability based upon or caused by any mental or physical
defect which the policeman had at the time he entered the police service.
(f) Disability benefit shall not be allowed to any policeman who
re-enters the public service in any capacity where his salary is payable in
whole or in part by taxes levied upon taxable property in the city in which
this Article is in effect, or out of special revenues of any department of the
city. The disability benefit shall be suspended during the period he is in
the public service for compensation, and shall be resumed when he withdraws
from such service.
(g) If a policeman receives any compensation as temporary total disability, permanent total disability, a lump sum settlement award, or other payment under the Workers' Compensation Act or the Workers' Occupational Diseases Act as a result of the policeman's secondary employment for any injury resulting in disability, any disability benefit provided to the policeman for such disability under this Article shall be reduced by any compensation amount so received, if that compensation amount is less than the amount of the disability benefit. If the amount received as compensation exceeds the amount of the disability benefit, the policeman shall not receive the disability benefit until the disability benefit payable equals the amount of the compensation received without consideration of interest. The calculation of compensation received by the policeman as provided in this Section shall not take into consideration any benefits received under the Line of Duty Compensation Act.
If the widow, child or children, or parent or parents of a policeman, or any of these persons, receives any compensation under the Workers' Compensation Act or the Workers' Occupational Diseases Act as a result of the policeman's secondary employment for any injury resulting in the policeman's death, the annuities provided under this Article for those beneficiaries shall be reduced by any compensation amount so received, if that compensation amount is less than the amount of the annuities. If the amount received as compensation exceeds the amount of the annuities for the widow, child or children, or parent or parents, the annuities shall not be payable until the accumulated value of the annuities equals the amount of the compensation received without consideration of interest. In making the adjustment, the annuity to the widow shall first be reduced. The calculation of compensation received by the widow, child or children, or parent or parents of a policeman, or any of these persons, as provided in this Section shall not take into consideration any benefits received under the Line of Duty Compensation Act or the Public Safety Officers Benefits Act of 1976, 34 U.S.C. 10281 et seq.
(h) Any disability benefit paid in violation of this Section or of this
Article shall be construed to have been paid in error, and the amounts so
paid shall be charged as a debit in the account of any person to whom the
same was paid and shall be deducted from any moneys thereafter payable to
such person out of this fund, or to the widow, heirs or estate of such
person.
(Source: P.A. 102-806, eff. 5-13-22.)
(40 ILCS 5/5-158) (from Ch. 108 1/2, par. 5-158)
Sec. 5-158.
Annuity after withdrawal while disabled.
A policeman whose disability continues beyond the maximum period of
eligibility for disability benefit and who withdraws while still disabled
and before age 50, shall receive annuity as can be provided from the
amounts accumulated from salary deductions and sums contributed by the city
for his retirement annuity. The annuity shall be computed as of the age of
the policeman on the date of his withdrawal.
The annuity to which the wife of any such policeman has a right from the
date of his death shall be fixed as of her age on the date of his
withdrawal. It shall be the amount provided from the total to his credit
for widow's annuity.
Upon the death of a policeman after he has entered upon annuity, any
unmarried child under age 18 shall have a right to receive annuity as
herein specified for a child of a policeman, subject to the limitations on
amounts payable to the family of a policeman.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-159) (from Ch. 108 1/2, par. 5-159)
Sec. 5-159.
Re-entry of pensioner or annuitant into service.
When
a policeman who has withdrawn after the effective date re-enters service,
any annuity previously granted to him and any annuity
fixed for his wife shall be cancelled. The policeman shall be credited
for annuity purposes with sums sufficient to provide annuities equal to
those cancelled for him and his wife, as of their respective ages on the
date of re-entrance into service.
Deductions from salary
and contributions by
the city for all purposes of this Article shall be made, and upon
subsequent retirement new annuities based upon the amount then to his
credit for annuity purposes and the entire term of his service shall be
fixed for the policeman and his wife.
If such policeman's wife, for whom annuity has been fixed prior to
his re-entrance into service, has died or her marriage to such policeman
has been dissolved or declared invalid before he re-entered service, no
part, of any sum or sums to the credit of such policeman for widow's
annuity or for widow's prior service annuity at the time annuity for
such wife was fixed shall be credited to such policeman at the time of
re-entry. No part of any such sum or sums shall be used to provide
annuity for any wife of such policeman who is his wife at any time after
his re-entry into service unless she was his wife at the time of his
withdrawal.
However, the payment of the pension or annuity shall continue if
re-entry into service is for the purpose of serving on a part time basis
as a street crossing guard.
(Source: P.A. 86-272.)
(40 ILCS 5/5-160) (from Ch. 108 1/2, par. 5-160)
Sec. 5-160.
Re-entry of policemen not in service on effective date.
A policeman who was not in the police service of the city on the day
prior to the effective date and who was in such service prior to that
day and who re-enters service thereafter and before age 57 shall receive
no credit for prior service and widow's prior service annuity; provided
that such service before the effective date shall be included in
computing service for age and service annuity and widow's annuity.
Deductions from salary
and contributions by the city for age and
service annuity and widow's annuity shall be made until he attains age
57.
Such policeman has a right to receive age and service annuity from
the date of his withdrawal, as of his age on such date, of the amount
provided from the credits for such annuity on such date.
The annuity to which his widow shall be entitled shall be fixed in
accordance with the provisions of this Article relating to annuities for
widows of future entrants.
(Source: P.A. 81-1536.)
(40 ILCS 5/5-161) (from Ch. 108 1/2, par. 5-161)
Sec. 5-161.
Re-entry into service after receiving refund.
A policeman who has received a refund under this Article and who
subsequently re-enters the service and serves for a
period of 3 years may repay into this fund an amount equal to the refund,
together with interest at the applicable rate
from the date of refund to the date of repayment. If he dies in service
before the expiration of the 3 year period, his widow may repay such refunds.
If repayment is not made in full,
the board shall: (a) at the time of the policeman's retirement, refund to
him such portion of the sum previously refunded, which he has repaid; (b) in
the case of the policemen's death prior to retirement, refund to the widow
such portion of the sum previously refunded, unless within 60 days after
his death, the widow repays the full amount due. If there is no widow,
the amount shall be refunded in accordance with this Article.
(Source: P.A. 81-732.)
(40 ILCS 5/5-162) (from Ch. 108 1/2, par. 5-162)
Sec. 5-162.
Annuity of former policeman who re-enters service.
A policeman who was not in the police service of the city on the day
prior to the effective date, and who was in such service prior to that
date, and who re-enters the service after that date and before age 57,
and who withdraws after he has completed at least 20 years of service
(at least 5 years of which shall be subsequent to his re-entry), and who
has contributed
to this fund or to its predecessor fund, or both, for a
period of at least 20 years, and for whom the amount of annuity provided
in accordance with foregoing provisions of this Article is less than the
amount stated hereinafter in this section, shall have a right to receive
annuity as follows:
(1) If he is age 50 or more when he withdraws, his annuity, payable
from the date of withdrawal, shall be 50% of the compensation for the
rank in the police department which he held by civil service appointment
on the day one year prior to the date of withdrawal; or
(2) If he is less than age 50 when he withdraws, his annuity,
payable from the date he attains age 50, shall be 50% of his salary at
the time of withdrawal but not in excess of $900 a year.
(Source: P.A. 81-1536.)
(40 ILCS 5/5-163) (from Ch. 108 1/2, par. 5-163)
Sec. 5-163. Refund - General.
(a) A policeman, without regard to his period of service, who
withdraws before age 50, and a policeman with less than 10 years of
service who withdraws before age 57, is entitled to a refund of the
amount deducted from his salary
for age and service annuity or Tier 2 monthly retirement annuity, for automatic annual increase in annuity as provided in Section 5-167.1, and for widow's
annuity or Tier 2 surviving spouse's annuity, together with interest at 1-1/2% per year on each
deduction from the date of each deduction
until the date of his
withdrawal from the service.
(b) A policeman may receive a refund until the annuity to which he
is entitled has been fixed. Thereafter, he shall have no such right of
refund.
(c) A policeman who withdraws the amount credited to him surrenders
and forfeits all rights to any annuity or other benefit from the fund,
for himself and for any other person or persons who might otherwise have
benefited through him. The rights so forfeited shall be restored to him,
his wife or widow and his children upon full repayment as provided in
Section 5-164.
If the policeman subsequently re-enters service before age 57, and
has not so repaid in full the amounts refunded the rights forfeited
shall not be restored, but the policeman shall retain the right (which
is also secured to the widow) to have the period of service represented
by the refunds counted in the compensation of length of service, except
as otherwise provided in Section 5-164.
(d) A policeman who has served less than 10 years who has not
received a refund shall have all amounts to his credit for purposes on
the date of his withdrawal improved by interest while he is out of
service until he attains age 57, if he subsequently re-enters the
service and attains a right to annuity.
(e) If a policeman elects to make additional contribution for past
service as provided in Section 5-174 and fails to pay such contributions
in full within the time specified in said section, a refund of the
amount so paid, with interest at 1-1/2% per year, compounded annually,
shall be refunded as provided in said section.
(f) If a policeman makes contributions in accordance with the
provisions of Section 5-174(b) and subsequently returns to the position
he holds by certification and appointment as the result of competitive
civil service examination, he shall receive a refund of such
contributions, upon application therefor, together with interest at
1-1/2% per year on each such deduction from the date
it was made to the
date of refund. Application for refund must be made before the annuity
to which he has a right has been fixed.
(Source: P.A. 99-905, eff. 11-29-16.)
(40 ILCS 5/5-164) (from Ch. 108 1/2, par. 5-164)
Sec. 5-164.
Refund; re-entry into service; repayment of refund.
(a) A policeman who receives a refund and subsequently re-enters
service shall not thereafter become entitled to receive, nor shall his
widow or children be entitled to receive, any annuity or benefit under this
Article, unless he or his widow or children shall have repaid within one
year from July 1, 1929, or within one year from the date of re-entrance
into service after July 1, 1929, (whichever date shall apply) the amount
refunded, together with interest thereon from the date of refund to the
date such amounts are repaid. If repayment is made in full within the time
specified herein, all rights previously forfeited shall be restored; if not
such rights shall not be restored and no service credit for annuity or
disability benefit shall be allowed him or his widow for any period covered
by the refund, and the board shall refund to him or to his widow or
children, and if there be no such widow or children, then in accordance
with Section 5-167 such portion which has been repaid, together with
interest thereon to the expiration of the authorized period for the making
of such repayment. If the policeman received more than one refund, each
period during which he or his widow or children has a right to make full
repayment shall be computed separately.
(b) This Section does not limit the reestablishment of service credit
upon repayment of a refund under subsection (b) of Section 5-230.
(Source: P.A. 87-1265.)
(40 ILCS 5/5-165) (from Ch. 108 1/2, par. 5-165)
Sec. 5-165.
Refund - widow's annuity contributions.
When an
unmarried policeman withdraws from service and enters upon
annuity, and when a policeman
becomes a widower while still in service, his accumulations for widow's
annuity shall then be refunded to him upon request. The widow of a
policeman who has received a refund under this Section shall have no right
to an annuity from the Fund, unless (1) the amount of the refund, plus
interest thereon from the date of refund to the date of payment, is repaid
to the Fund within one year after the date of marriage, and (2) the date of
marriage is at least one year prior to the date of death, and (3) the widow
otherwise qualifies under the terms of this Article.
(Source: P.A. 86-272.)
(40 ILCS 5/5-166) (from Ch. 108 1/2, par. 5-166)
Sec. 5-166.
Refund-Transfer of city contributions.
Whenever any amounts are refunded, the accumulated city contributions
shall be transferred to the prior service annuity reserve. If the amounts
refunded are repaid, the amount transferred to the prior service annuity
reserve shall be credited to the city contribution reserve for the account
of the policeman who received the refund, together with interest thereon
from the date of the refund to the date or dates of repayment.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-167) (from Ch. 108 1/2, par. 5-167)
Sec. 5-167.
Refund - Widows and children.
If the amount deducted from the salary
of a deceased policeman for
annuity purposes after the effective date has not been paid to him, and
in the case of a deceased married male policeman to him and his widow
together, in form of annuity before the death of the last of such
persons, the difference between such amount and the amount paid as
annuity or annuities, without interest upon either such amount, shall be
refunded to a surviving widow not entitled to receive an annuity under
this Article. If there is no widow, the refund shall be paid to the
children of the policeman, in equal parts, unless the policeman shall
direct in writing, sworn to before an officer authorized to administer
oaths in this State, and filed with the board before his death, that any
such amount shall be refunded to the widow or to any one or more of the
children, either or both. If any child is less than age 18, such part or
all of any such amount equal to the sum necessary to pay children's
annuities under this Article for each such child shall not be refunded,
but shall be transferred to the Child's Annuity Reserve. If there are no
children, the refund shall be payable to the executor or administrator
of the policeman's estate. If there is no executor or administrator, the
refund may be applied toward the payment of burial expenses of the
policeman, and any remainder shall be paid to his heirs who are living
immediately after the death of the widow according to the law pertaining
to the estates of deceased persons.
(Source: P.A. 81-1536.)
(40 ILCS 5/5-167.1) (from Ch. 108 1/2, par. 5-167.1)
Sec. 5-167.1. Automatic increase in annuity; retirement from service
after September 1, 1967.
(a) A policeman who retires from service after September 1, 1967
with at least 20 years of service credit shall, upon either the first
of the month following the first anniversary of his date of retirement
if he is age 60 (age 55 if born before January 1, 1966)
or over on that anniversary date, or upon the first of the month following
his attainment of age 60 (age 55 if born before January 1, 1966)
if it occurs after the first anniversary of his retirement date, have his
then fixed and payable monthly annuity increased by 1 1/2% and such first
fixed annuity as granted at retirement increased by an additional 1 1/2% in
January of each year thereafter up to a maximum increase of 30%. Beginning
January 1, 1983 for policemen born before January 1, 1930, and beginning
January 1, 1988 for policemen born on or after January 1, 1930 but before
January 1, 1940, and beginning January 1, 1996 for policemen born on or after
January 1, 1940 but before January 1, 1945, and beginning January 1, 2000
for policemen born on or after January 1, 1945 but before January 1, 1950, and beginning January 1, 2005
for policemen born on or after January 1, 1950 but before January 1, 1955, and beginning January 1, 2017
for policemen born on or after January 1, 1955 but before January 1, 1966,
such increases shall be 3% and such policemen shall not be subject to the
30% maximum increase.
Any policeman born before January 1, 1945 who qualifies for a minimum
annuity and retires after September 1, 1967 but has not received the initial
increase under this subsection before January 1, 1996 is entitled to receive
the initial increase under this subsection on (1) January 1, 1996, (2) the
first anniversary of the date of retirement, or (3) attainment of age 55,
whichever occurs last. The changes to this Section made by Public Act
89-12 apply beginning January 1, 1996 and
without regard to whether the policeman or annuitant terminated service before
the effective date of that Act.
Any policeman born before January 1, 1950 who qualifies for a minimum
annuity and retires after September 1, 1967 but has not received the initial
increase under this subsection before January 1, 2000 is entitled to receive
the initial increase under this subsection on (1) January 1, 2000, (2) the
first anniversary of the date of retirement, or (3) attainment of age 55,
whichever occurs last. The changes to this Section made by this amendatory
Act of the 92nd General Assembly apply without regard to whether the policeman
or annuitant terminated service before the effective date of this amendatory
Act.
Any policeman born before January 1, 1955 who qualifies for a minimum
annuity and retires after September 1, 1967 but has not received the initial
increase under this subsection before January 1, 2005 is entitled to receive
the initial increase under this subsection on (1) January 1, 2005, (2) the
first anniversary of the date of retirement, or (3) attainment of age 55,
whichever occurs last. The changes to this Section made by this amendatory
Act of the 94th General Assembly apply without regard to whether the policeman
or annuitant terminated service before the effective date of this amendatory
Act.
Any policeman born before January 1, 1966 who qualifies for
a minimum annuity and retires after
September 1, 1967 but has not received the initial increase
under this subsection before January 1, 2017 is entitled to
receive an initial increase under this subsection on (1)
January 1, 2017, (2) the first anniversary of the date of
retirement, or (3) attainment of age 55, whichever occurs last, in an amount equal to 3% for each complete year following the date of retirement or attainment of age 55, whichever occurs later. The changes to this subsection made by this amendatory
Act of the 99th General Assembly apply without regard to whether the policeman
or annuitant terminated service before the effective date of this amendatory
Act.
(b) Subsection (a) of this Section is
not applicable to an employee receiving a term annuity.
(c) To help defray the cost of such increases in annuity, there shall
be deducted, beginning September 1, 1967, from each payment of salary to a
policeman, 1/2 of 1% of each salary payment concurrently with and in addition
to the salary deductions otherwise made for annuity purposes.
The city, in addition to the contributions otherwise made by it for
annuity purposes under other provisions of this Article, shall make
matching contributions concurrently with such salary deductions.
Each such 1/2 of 1% deduction from salary and each such contribution
by the city of 1/2 of 1% of salary shall be credited to the Automatic
Increase Reserve, to be used to defray the cost of the annuity
increase provided by this Section. Any balance in such reserve as of the
beginning of each calendar year shall be credited with interest at the
rate of 3% per annum.
Such deductions from salary and city contributions shall continue
while the policeman is in service.
The salary deductions provided in this Section are not subject to
refund, except to the policeman himself, in any case in which: (i) the
policeman withdraws prior to qualification for minimum annuity or Tier 2 monthly retirement annuity and
applies for refund, (ii) the policeman applies for an annuity of a type that is not subject to annual increases under this Section, or (iii) a term annuity
becomes payable. In such cases, the total of such salary deductions
shall be refunded to the policeman, without interest, and charged to the
Automatic Increase Reserve.
(d) Notwithstanding any other provision of this Article, the Tier 2 monthly retirement annuity of a
person who first becomes a policeman under this Article on or after the effective date of this amendatory Act of the 97th General Assembly shall be increased on the January 1 occurring either on or after (i) the attainment of age 60 or (ii) the first anniversary of the annuity start date, whichever is later. Each annual increase shall be calculated at 3% or one-half 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, whichever is less, of the originally granted retirement annuity. If the annual unadjusted percentage change in the consumer price index-u for a 12-month period ending in September is zero or, when compared with the preceding period, decreases, then the annuity shall not be increased.
For the purposes of this subsection (d), "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 boards of the pension funds by November 1 of each year.
(Source: P.A. 99-905, eff. 11-29-16.)
(40 ILCS 5/5-167.2)
(from Ch. 108 1/2, par. 5-167.2)
Sec. 5-167.2. Retirement before September 1, 1967. A retired
policeman, qualifying for minimum annuity or who retired from service
with 20 or more years of service, before September 1, 1967, shall, in
January of the year following the year he attains the age of 65, or in
January of the year 1970, if then more than 65 years of age, have his
then fixed and payable monthly annuity increased by an amount equal to
2% of the original grant of annuity, for each year the policeman was in
receipt of annuity payments after the year in which he attains, or did
attain the age of 63. An additional 2% increase in such then fixed and
payable original granted annuity shall accrue in each January thereafter.
Beginning January 1, 1986, the rate of such increase shall be 3% instead of 2%.
The provisions of the preceding paragraph of this Section apply only to
a retired policeman eligible for such increases in his annuity who contributes
to the Fund a sum equal to $5 for each full year of credited service upon
which his annuity was computed. All such sums contributed shall be placed
in a Supplementary Payment Reserve and shall be used for the purposes of
such Fund account.
Beginning with the monthly annuity payment due in July, 1982, the fixed
and granted monthly annuity payment for any policeman who retired from the
service, before September 1, 1976, at age 50 or over with 20 or more years
of service and entitled to an annuity on January 1, 1974, shall be not less
than $400. It is the intent of the General Assembly that the change made in
this Section by this amendatory Act of 1982 shall apply retroactively to July
1, 1982.
Beginning with the monthly annuity payment due on January 1, 1986, the
fixed and granted monthly annuity payment for any policeman who retired
from the service before January 1, 1986, at age 50 or over with 20 or more
years of service, or any policeman who retired from service due to
termination of disability and who is entitled to an annuity on January 1,
1986, shall be not less than $475.
Beginning with the monthly annuity payment due on January 1, 1992, the
fixed and granted monthly annuity payment for any policeman who retired
from the service before January 1, 1992, at age 50 or over with 20 or more
years of service, and for any policeman who retired from service due to
termination of disability and who is entitled to an annuity on January 1,
1992, shall be not less than $650.
Beginning with the monthly annuity payment due on January 1, 1993, the
fixed and granted monthly annuity payment for any policeman who retired
from the service before January 1, 1993, at age 50 or over with 20 or more
years of service, and for any policeman who retired from service due to
termination of disability and who is entitled to an annuity on January 1,
1993, shall be not less than $750.
Beginning with the monthly annuity payment due on January 1, 1994, the
fixed and granted monthly annuity payment for any policeman who retired
from the service before January 1, 1994, at age 50 or over with 20 or more
years of service, and for any policeman who retired from service due to
termination of disability and who is entitled to an annuity on January 1,
1994, shall be not less than $850.
Beginning with the monthly annuity payment due on January 1, 2004, the
fixed and granted monthly annuity payment for any policeman who retired
from the service before January 1, 2004, at age 50 or over with 20 or more
years of service, and for any policeman who retired from service due to
termination of disability and who is entitled to an annuity on January 1,
2004, shall be not less than $950.
Beginning with the monthly annuity payment due on January 1, 2005, the
fixed and granted monthly annuity payment for any policeman who retired
from the service before January 1, 2005, at age 50 or over with 20 or more
years of service, and for any policeman who retired from service due to
termination of disability and who is entitled to an annuity on January 1,
2005, shall be not less than $1,050.
Beginning with the monthly annuity payment due on January 1, 2016, the fixed and granted monthly annuity payment for any policeman who retired from the service before January 1, 2016, at age 50 or over with 20 or more years of service, and for any policeman who retired from service due to termination of disability and who is entitled to an annuity on January 1, 2016, shall be no less than 125% of the Federal Poverty Level. For purposes of this Section, the "Federal Poverty Level" shall be determined pursuant to the poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services under the authority of 42 U.S.C. 9902(2).
The difference in amount between the original fixed and granted monthly
annuity of any such policeman on the date of his retirement from the service
and the monthly annuity provided for in the immediately
preceding paragraph shall be paid as a supplement in the manner set forth
in the immediately following paragraph.
To defray the annual cost of the increases indicated in the preceding
part of this Section, the annual interest income accruing from
investments held by this Fund, exclusive of gains or losses on sales
or exchanges of assets during the year, over and above 4% a year shall
be used to the extent necessary and available to finance the cost of
such increases for the following year and such amount shall be
transferred as of the end of each year beginning with the year 1969 to a
Fund account designated as the Supplementary Payment Reserve from the
Interest and Investment Reserve set forth in Section 5-207.
In the event the funds in the Supplementary Payment Reserve in any year
arising from: (1) the interest income accruing in the preceding year above 4%
a year and (2) the contributions by retired persons are insufficient to
make the total payments to all persons entitled
to the annuity specified in this Section and (3) any interest
earnings over 4% a year beginning with the year 1969 which were not
previously used to finance such increases and which were transferred
to the Prior Service Annuity Reserve, may be used to the extent necessary
and available to provide sufficient funds to finance such increases
for the current year and such sums shall be transferred from the Prior
Service Annuity Reserve. In the event the total money available in
the Supplementary Payment Reserve from such sources are insufficient
to make the total payments to all persons entitled to such increases
for the year, a proportionate amount computed as the ratio of the
money available to the total of the total payments specified for that
year shall be paid to each person for that year.
The Fund shall be obligated for the payment of the increases in
annuity as provided for in this Section only to the extent that the
assets for such purpose are available.
(Source: P.A. 99-506, eff. 5-30-16.)
(40 ILCS 5/5-167.3) (from Ch. 108 1/2, par. 5-167.3)
Sec. 5-167.3.
Pensions to survivors of female policemen.
All provisions of this Article relating to annuities or benefits to a
widow, children or other survivors of a male policeman shall apply with
equal force to a surviving spouse, children or other survivors of a female
policeman.
(Source: P.A. 78-1129.)
(40 ILCS 5/5-167.4)
(from Ch. 108 1/2, par. 5-167.4)
Sec. 5-167.4. Widow annuitant minimum annuity.
(a) Notwithstanding any other provision of this Article, beginning
January 1, 1996, the minimum amount of widow's annuity payable to any person
who is entitled to receive a widow's annuity under this Article is $700 per
month, without regard to whether the deceased policeman is in service on or
after the effective date of this amendatory Act of 1995.
Notwithstanding any other provision of this Article, beginning
January 1, 1999, the minimum amount of widow's annuity payable to any person
who is entitled to receive a widow's annuity under this Article is $800 per
month, without regard to whether the deceased policeman is in service on or
after the effective date of this amendatory Act of 1998.
Notwithstanding any other provision of this Article, beginning
January 1, 2004, the minimum amount of widow's annuity payable to any person
who is entitled to receive a widow's annuity under this Article is $900 per
month, without regard to whether the deceased policeman is in service on or
after the effective date of this amendatory Act of the 93rd General Assembly.
Notwithstanding any other provision of this Article, beginning
January 1, 2005, the minimum amount of widow's annuity payable to any person
who is entitled to receive a widow's annuity under this Article is $1,000 per
month, without regard to whether the deceased policeman is in service on or
after the effective date of this amendatory Act of the 93rd General Assembly.
(b) Effective January 1, 1994, the minimum amount of widow's annuity
shall be $700 per month for the following classes of widows, without regard to
whether the deceased policeman is in service on or after the effective date of
this amendatory Act of 1993: (1) the widow of a policeman who dies in service
with at least 10 years of service credit, or who dies in service after June 30,
1981; and (2) the widow of a policeman who withdraws from service with 20 or
more years of service credit and does not withdraw a refund, provided that the
widow is married to the policeman before he withdraws from service.
(b-5) Notwithstanding any other provision of this Article, beginning January 1, 2017 and until January 1, 2023, the minimum widow's annuity under this Article shall be no less than 125% of the Federal Poverty Level for all persons receiving widow's annuities on or after that date, without regard to whether the deceased policeman is in service on or after the effective date of this amendatory Act of the 99th General Assembly.
Notwithstanding any other provision of this Article, beginning January 1, 2023, the minimum widow's annuity under this Article shall be no less than 150% of the Federal Poverty Level for all persons receiving widow's annuities on or after that date, without regard to whether the deceased policeman is in service on or after the effective date of this amendatory Act of the 102nd General Assembly.
For purposes of this Section, "Federal Poverty Level" means the poverty guidelines applicable to an individual in a single-person household located in Illinois, as updated periodically in the Federal Register by the United States Department of Health and Human Services under the authority of 42 U.S.C. 9902(2).
(c) The city, in addition to the contributions otherwise made by it
under the other provisions of this Article, shall make such contributions
as are necessary for the minimum widow's annuities provided under
this Section in the manner prescribed in Section 5-175.
(Source: P.A. 102-884, eff. 5-13-22.)
(40 ILCS 5/5-167.5) (from Ch. 108 1/2, par. 5-167.5)
Sec. 5-167.5. Payments to city.
(a) For the purposes of this Section, "city annuitant" means a person
receiving an age and service annuity, a widow's annuity, a child's annuity, or
a minimum annuity under this Article as a direct result of previous employment
by the City of Chicago ("the city").
(b) The board shall pay to the city, on behalf of the board's city
annuitants who participate in any of the city's health care plans, the
following amounts:
The payments described in this subsection shall be paid from the tax levy
authorized under Section 5-168; such amounts shall be credited to the reserve
for group hospital care and group medical and surgical plan benefits, and all
payments to the city required under this subsection shall be charged against
it.
(c) The city health care plans referred to in this Section and the board's
payments to the city under this Section are not and shall not be construed to
be pension or retirement benefits for the purposes of Section 5 of Article XIII
of the Illinois Constitution of 1970.
(Source: P.A. 98-43, eff. 6-28-13.)
(40 ILCS 5/5-168)
(from Ch. 108 1/2, par. 5-168)
Sec. 5-168. Financing.
(a) Except as expressly provided in this Section, the city shall levy a
tax annually upon all taxable property therein for the purpose of providing
revenue for the fund.
The tax shall be at a rate that will produce a sum which, when added to the
amounts deducted from the policemen's salaries and the amounts deposited in
accordance with subsection (g), is sufficient for the purposes of the fund.
For the years 1968 and 1969, the city council shall levy a tax
annually at a rate on the dollar of the assessed
valuation of all taxable property that will produce, when extended, not
to exceed $9,700,000. Beginning with the year 1970 and through 2014, the city council shall levy a tax annually at a rate on the
dollar of the assessed valuation of all taxable property that will
produce when extended an amount not to exceed the total amount of
contributions by the policemen to the Fund made in the calendar year 2
years before the year for which the applicable annual tax is levied,
multiplied by 1.40 for the tax levy year 1970; by 1.50 for the year
1971; by 1.65 for 1972; by 1.85 for 1973; by 1.90 for 1974; by 1.97 for
1975 through 1981; by 2.00 for 1982 and for each tax levy year through 2014. Beginning in tax levy year 2015, the city council shall levy a tax annually at a rate on the dollar of the assessed valuation of all taxable property that will produce when extended an annual amount that is equal to no less than the amount of the city's contribution in each of the following payment years: for 2016, $420,000,000; for 2017, $464,000,000; for 2018, $500,000,000; for 2019, $557,000,000; for 2020, $579,000,000.
Beginning in tax levy year 2020, the city council shall levy a tax annually at a rate on the dollar of the assessed valuation of all taxable property that will produce when extended an annual amount that is equal to no less than (1) the normal cost to the Fund, plus (2) an annual amount sufficient to bring the total assets of the Fund up to 90% of the total actuarial liabilities of the Fund by the end of fiscal year 2055, as annually updated and determined by an enrolled actuary employed by the Illinois Department of Insurance or by an enrolled actuary retained by the Fund. In making these determinations, the required minimum employer contribution shall be calculated each year as a level percentage of payroll over the years remaining up to and including fiscal year 2055 and shall be determined under the entry age normal actuarial cost method. Beginning in payment year 2056, the city's total required contribution in that year and each year thereafter shall be an annual amount that is equal to no less than (1) the normal cost of the Fund, plus (2) the annual amount determined by an enrolled actuary employed by the Illinois Department of Insurance or by an enrolled actuary retained by the Fund to be equal to the amount, if any, needed to bring the total actuarial assets of the Fund up to 90% of the total actuarial liabilities of the Fund as of the end of the year, utilizing the entry age normal cost method as provided above.
For the purposes of this subsection (a), contributions by the policeman to the Fund shall not include payments made by a policeman to establish credit under Section 5-214.2 of this Code.
(a-5) For purposes of determining the required employer contribution to the Fund, the value of the Fund's assets shall be equal to the actuarial value of the Fund's assets, which shall be calculated as follows:
(a-7) If the city fails to transmit to the Fund contributions required of it under this Article for more than 90 days after the payment of those contributions is due, the Fund shall, after giving notice to the city, certify to the State Comptroller the amounts of the delinquent payments, and the Comptroller must, beginning in fiscal year 2016, deduct and deposit into the Fund the certified amounts or a portion of those amounts from the following proportions of grants of State funds to the city:
The State Comptroller may not deduct from any grants of State funds to the city more than the amount of delinquent payments certified to the State Comptroller by the Fund.
(b) The tax shall be levied and collected in like manner with the
general taxes of the city, and is in addition to all other taxes which the
city is now or may hereafter be authorized to levy upon all taxable property
therein, and is exclusive of and in addition to the amount of tax the city is
now or may hereafter be authorized to levy for general purposes under any
law which may limit the amount of tax which the city may levy for general
purposes. The county clerk of the county in which the city is located, in
reducing tax levies under Section 8-3-1 of the Illinois
Municipal Code, shall not consider the tax herein authorized as a part
of the general tax levy for city purposes, and shall not include the tax
in any limitation of the percent of the assessed valuation upon which
taxes are required to be extended for the city.
(c) On or before January 10 of each year, the board shall notify the
city council of the requirement that the tax herein authorized be levied by
the city council for that current year. The board shall compute the
amounts necessary for the purposes of this fund to be credited to the
reserves established and maintained within the fund; shall make an
annual determination of the amount of the required city contributions;
and shall certify the results thereof to the city council.
As soon as any revenue derived from the tax is collected it shall be
paid to the city treasurer of the city and shall be held by him for the
benefit of the fund in accordance with this Article.
(d) If the funds available are insufficient during any year to meet the
requirements of this Article, the city may issue tax anticipation warrants
against the tax levy for the current fiscal year.
(e) The various sums, including interest, to be contributed by the city,
shall be taken from the revenue derived from such tax or otherwise as expressly
provided in this Section. Any moneys of the city derived from any source other
than the tax herein authorized shall not be used for any purpose of the fund
nor the cost of administration thereof, unless applied to make the deposit
expressly authorized in this Section
or the additional city contributions required under subsection (h).
(f) If it is not possible or practicable for the city to make its
contributions at the time that salary deductions are made, the city
shall make such contributions as soon as possible thereafter, with
interest thereon to the time it is made.
(g) In lieu of levying all or a portion of the tax required under this
Section in any year, the city may deposit with the city treasurer no later than
March 1 of that year for the benefit of the fund, to be held in accordance with
this Article, an amount that, together with the taxes levied under this Section
for that year, is not less than the amount of the city contributions for that
year as certified by the board to the city council. The deposit may be derived
from any source legally available for that purpose, including, but not limited
to, the proceeds of city borrowings. The making of a deposit shall satisfy
fully the requirements of this Section for that year to the extent of the
amounts so deposited. Amounts deposited under this subsection may be used by
the fund for any of the purposes for which the proceeds of the tax levied under
this Section may be used, including the payment of any amount that is otherwise
required by this Article to be paid from the proceeds of that tax.
(h) In addition to the contributions required under the other provisions
of this Article, by November 1 of the following specified years, the city shall
deposit with the city treasurer for the benefit of the fund, to be held and
used in accordance with this Article, the following specified amounts:
$6,300,000 in 1999;
$5,880,000 in 2000;
$5,460,000 in 2001;
$5,040,000 in 2002; and
$4,620,000 in 2003.
The additional city contributions required under this subsection are
intended to decrease the unfunded liability of the fund and shall not decrease
the amount of the city contributions required under the other provisions of
this Article. The additional city contributions made under this subsection
may be used by the fund for any of its lawful purposes.
(i) Any proceeds received by the city in relation to the operation of a casino or casinos within the city shall be expended by the city for payment to the Policemen's Annuity and Benefit Fund of Chicago to satisfy the city contribution obligation in any year.
(Source: P.A. 99-506, eff. 5-30-16.)
(40 ILCS 5/5-168.1) (from Ch. 108 1/2, par. 5-168.1)
Sec. 5-168.1.
The employer may pick up the employee contributions required
by Sections 5-167.1, 5-169, 5-170, 5-171 and 5-175.1
for salary earned after December 31, 1981. If employee contributions
are not picked up, the amount that would have been
picked up under this amendatory Act of 1980 shall continue
to be deducted from salary. If employee contributions
are picked up they shall be treated as employer
contributions in determining tax treatment under the United States Internal
Revenue Code; however, the employer shall continue to withhold Federal and
state income taxes based upon these contributions until the Internal Revenue
Service
or the Federal courts rule that pursuant to Section 414(h) of the United
States Internal Revenue Code, these contributions shall not be included
as gross income of the employee until such time as they are distributed
or made available. The employer shall pay these employee contributions
from the same source of funds which is used in paying salary
to the employee. The employer may pick up these contributions by a reduction
in the cash salary of the employee or by an offset against a future salary
increase
or by a combination of a reduction in salary and offset against a future
salary increase. If employee contributions are picked up they shall be
treated for all purposes of this Article 5, including Section 5-168, in
the same manner and to the same extent as employee contributions made prior
to the date picked up.
(Source: P.A. 90-655, eff. 7-30-98.)
(40 ILCS 5/5-168.2)
Sec. 5-168.2. Funding obligation.
(a) Beginning January 1, 2016, the city shall be obligated to contribute to the Fund in
each fiscal year an amount not less than the amount determined annually under subsection (a) of Section 5-168 of this Code. Notwithstanding any other provision of law, if the city fails to pay the amount guaranteed under this Section on or before December 31 of the year in which such amount is due, the Fund may bring a mandamus action in the Circuit Court of Cook County to compel the city to make the required payment, irrespective of other remedies that may be available to the Fund. The obligations and causes of action created under this Section shall be in addition to any other right or remedy otherwise accorded by common law or State or federal law, and nothing in this Section shall be construed to deny, abrogate, impair, or waive any such common law or statutory right or remedy.
(b) In ordering the city to make the required payment, the court may order a reasonable
payment schedule to enable the city to make the required payment without significantly imperilling the public health, safety, or welfare. Any payments required to be made by the city pursuant to this Section are expressly subordinated to the payment of the principal, interest, premium, if any, and other payments on or related to any bonded debt obligation of the city, either currently outstanding or to be issued, for which the source of repayment or security thereon is derived directly or indirectly from any funds collected or received by the city. Payments on such bonded obligations include any statutory fund transfers or other prefunding mechanisms or formulas set forth, now or hereafter, in State law, city ordinance, or bond indentures, into debt service funds or accounts of the city related to such bonded obligations, consistent with the payment schedules associated with such obligations.
(Source: P.A. 99-506, eff. 5-30-16.)
(40 ILCS 5/5-169) (from Ch. 108 1/2, par. 5-169)
Sec. 5-169. Contributions for age and service annuities or Tier 2 monthly retirement annuities for present employees and
future entrants.
(a) Beginning on the effective date and before January 1, 1954, 3 1/2% per
annum (except that beginning July 1, 1939 and before January 1, 1954 for a
future entrant, 4%) and beginning January 1, 1954 and before August 1,
1957, 6%, and beginning August 1, 1957, 7% of each payment of the salary of
each present employee and future entrant shall be deducted and contributed
to the fund for age and service annuity or Tier 2 monthly retirement annuity. The deductions shall be made from
each payment of salary and shall continue while the employee is in service.
Any policeman whose employment has been transferred to the police
service of the city as a result of "An Act in relation to or exchange of
certain functions, property and personnel among cities, and park districts
having co-extensive geographic areas and populations in excess of 500,000",
approved July 5, 1957, as now and hereafter amended, shall also contribute
a sum equal to 2% of the total salary received by him in his employment
between August 1, 1957 to July 17, 1959, with the park district from which
he has been transferred together with interest on the unpaid contributions
of 4% per annum from July 17, 1959 to the date such payments are made. Such
additional sum may be paid at any time before the time such policeman
enters into age and service annuity.
Concurrently with each such deduction, beginning on the effective date
and prior to January 1, 1954, 8 1/2% (except for a future entrant beginning
on July 1, 1939, 9 5/7%) and beginning January 1, 1954, 9 5/7% of each
payment of salary shall be contributed by the city, but
in the case of a future entrant who attains age 63 prior to January 1,
1988 while still in service, no contributions shall be made for the period
between the date the employee attains age 63 and January 1, 1988.
(b) Each deduction from salary made prior to the date the age and service
annuity for the employee is fixed, and each contribution by the city, shall
be credited to the employee and be improved by interest for a present
employee during the time he is in service until age and service annuity is
fixed, and, for a future entrant, during the time he is in service. The
sum accumulated shall be used to provide age and
service annuity for the employee.
Beginning September 1, 1967, the deductions from salary provided in
Section 5-167.1 shall also be made.
(Source: P.A. 99-905, eff. 11-29-16.)
(40 ILCS 5/5-170) (from Ch. 108 1/2, par. 5-170)
Sec. 5-170. Contributions for widow's annuities and Tier 2 surviving spouse's annuity. Beginning on the effective date 1%, and
beginning January 1, 1976, 1-1/2% of
the salary of each male present employee and future entrant shall be deducted
and contributed to the fund for
widow's annuity or Tier 2 surviving spouse's annuity; however,
in the case of a future entrant who attains age 63 prior to January 1,
1988 while still in service, no deductions shall be made for the period
between the date the employee attains age 63 and January 1, 1988.
The deductions shall be made from each payment of
salary and shall continue during the employee's service.
An employee in the service and over age 57 on the effective date
of this amendatory Act of 1969 shall have the option of contributing
1% of salary together with the
effective rate of interest for service rendered by him subsequent to
his attainment of age 57 and prior to such effective date. If such
retroactive contributions are made the wife or widow shall be entitled
to the widow's annuity provided in Section 5-136.
Concurrently with each such deduction, the city shall contribute
2% of each such payment of salary.
Each deduction from salary and contribution by the city shall be
allocated to the account of and credited to the employee. The amount
so credited shall be improved at the applicable rate of interest; except
that in the case of an employee who attains age 63 prior to January 1, 1988
while still in service, no interest shall be credited between the date the
employee attains age 63 and January 1, 1988.
(Source: P.A. 99-905, eff. 11-29-16.)
(40 ILCS 5/5-171) (from Ch. 108 1/2, par. 5-171)
Sec. 5-171.
Contributions for death benefit.
To defray the cost of the ordinary death benefit, each policeman in
service on or after January 1, 1962, shall make contributions in addition
to the contributions otherwise provided in this Article, in the amount of
$2.50 per monthly period. This contribution shall begin with the first pay
period accruing after January 1, 1962, and shall be deducted from the
salary of each policeman at the same time and with the same frequency as
deductions are made for the other purposes of this Article.
Contributions towards this benefit shall be made only when the policeman
is in active service and in receipt of salary. Policemen in receipt of
disability benefits, and policemen in receipt of annuities whose retirement
occurred on or after January 1, 1962, shall not be required to make
contributions during such period of disability or retirement.
The city, through the tax levy prescribed in Section 5-168 hereof,
shall contribute annually the sum of $224,000. This amount shall be
credited each year to the death benefit reserve and a credit for the amount
aforesaid from each tax levy beginning with the year 1962 shall be made to
this reserve notwithstanding the requirements from such tax levy for all
other purposes of this Article.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-172) (from Ch. 108 1/2, par. 5-172)
Sec. 5-172.
Contributions by city for duty and occupational disease
disability benefits and supplemental annuity. In lieu of salary deductions
for annuity purposes, the city shall contribute the required amounts for any
period during which a policeman receives a duty disability benefit or
occupational disease disability benefit. The contributions shall be credited
to the disabled policeman and shall be regarded for all purposes hereof as sums
deducted from his salary.
The city shall also contribute all amounts ordinarily contributed by
it for annuity purposes for the policeman as though he were in active
discharge of his duties during such disability.
To provide supplemental annuity, the city shall contribute such equal
sums annually, from the date of the policeman's death, which if improved
by interest will be sufficient, when payment of compensation annuity
ceases, to provide supplemental annuity to the widow for life.
(Source: P.A. 90-766, eff. 8-14-98.)
(40 ILCS 5/5-173) (from Ch. 108 1/2, par. 5-173)
Sec. 5-173.
Contributions by city for ordinary disability benefits.
The city shall contribute all amounts ordinarily contributed by it for
annuity purposes for a disabled policeman receiving ordinary disability
benefit as though he were in active discharge of his duties.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-174) (from Ch. 108 1/2, par. 5-174)
Sec. 5-174. Contributions in case of certain employments in police
department.
(a) Whenever a policeman is assigned to a position in the police
department other than the position he holds by certification and
appointment as a result of competitive civil service examination, there
shall be deducted from his salary the amount which would have been
deducted had he continued in his civil service position. If such
deductions are not made, the policeman may pay such amount direct to the
fund and shall be credited with the corresponding city contributions, to
the end that he may retain all rights he otherwise would have had were
his employment continuous in his civil service position; provided, that
any such amount not so deducted from his salary nor paid by him shall be
deducted from the earliest possible and practicable payment of salary
due and payable to him, or from any annuity, benefit or refund payable
to him or on his account. The policeman shall receive credit for such
employment as service for all purposes of this Article.
(b) From and after January 1, 1970, in lieu of the provisions of the
preceding paragraph (a) of this Section, any policeman serving in a
non-civil service position in the police department shall have salary
deductions
made for age and service annuity and widow's annuity on
salary as defined in Section 5-114(e).
Any active policeman serving in a non-civil service position on the
effective date of this amendatory Act may elect, prior to January 1,
1970, to contribute directly to the fund for age and service and widow's
annuity on salary received in excess of that provided for in his civil
service rank for police service rendered in a non-civil service position
prior to the operative date of his election. Such election shall be
exercised prior to January 1, 1974, by a policeman in service on such
effective date or within 6 months prior to such date. Any policeman in
service not serving in a non-civil service position on the effective
date of this amendatory Act who is subsequently assigned and serving in
a non-civil service position may make like election within 6 months
after such assignment. Contributions for such past service shall include
interest at the applicable rate to the end that the contributions shall
equal the amount that would have been credited to the policeman had
deductions been made
from such excess salary for such service. For such
contributions the policeman shall be credited with the corresponding
city contributions with interest for all annuity purposes at the rates
in effect at the time the service was rendered.
Contributions for past service, if elected, shall be made for the
entire period of service and for the total amount of the excess salary
and no credit shall be granted or payment permitted for any part of such
service or excess salary. Payment of contributions on such past service
shall be completed within 3 years of the date of election and in any
event before death or retirement. If not paid in full within such
period, or before death, no credit shall be granted thereon, and the
sums so paid, with interest at the rate of 1 1/2% per year, compounded
annually, shall be refunded to the policeman, or his surviving widow or
children, or if there are no such survivors, then in accordance with
Section 5-167, provided, however, that if the repayment has not been
made in full before death, his widow shall have the option of completing
such payment within 60 days from the date of his death.
A policeman assigned to a non-civil service position within 3 years
of the date of his reaching compulsory retirement age or within 3 years
of retirement at his own option, whichever is earlier, shall not qualify
for the benefits authorized herein. The limitation contained in this
paragraph shall not apply to a policeman assigned to a non-civil service
position whose retirement from active service is caused by duty
disability. Beginning January 1, 2000, the limitation contained in this
paragraph shall not apply to a policeman assigned to a non-civil service
position with the title of Captain. A policeman who has made contributions as provided by this
Section but who fails to qualify for the benefits due to the limitation
of this paragraph is entitled to refund of said contributions, upon
application therefor, according to the provisions of Section 5-163(f).
In no event shall the provisions of this or any other Section of this
Article, allowing payment for or granting credit on salary received in
excess of that provided for his civil service rank or position be
applicable in the case of any former policeman who is receiving annuity
from this fund who subsequently re-enters service as a policeman.
(Source: P.A. 94-624, eff. 8-18-05.)
(40 ILCS 5/5-175) (from Ch. 108 1/2, par. 5-175)
Sec. 5-175.
Contributions by city for prior service annuities and pensions under former
acts.
Each city shall contribute annually, from the sum produced by the tax
levy herein authorized, all sums required for the purposes of this Article
other than those stated in this Section. The balance of the sum produced by
the tax levy shall be applied: (a) For the payment of prior service
annuities and widow's prior service annuities, and all annuities, pensions
and benefits which have been or which shall be allowed under "An Act to
provide for the setting apart, formation and disbursements of a police
pension fund in cities having a population exceeding two hundred thousand
inhabitants", approved June 29, 1915, as amended; also for the purpose of
paying that part of any annuity for which reserves from contributions by
the policeman and the city are not provided under this Article, including
that part of the annuity described in Section 5-127, 5-132, 5-136, 5-145,
and 5-167 and 5-167.4 for which monies are not provided in this Article, and to make
possible the transfer of reserves from the investment and interest reserve
to other reserves of the fund, as provided in this Article.
(b) Amounts contributed by the city for the purposes of this section
shall be credited to the prior service annuity reserve. When the balance of
that reserve equals the liabilities chargeable thereto (including in
addition to all other liabilities of such reserve, the present value,
according to the American Experience Table of Mortality, and interest at
the rate of 4% per annum, or according to the Combined Annuity Mortality
Table and interest at the rate of 4% per annum, whichever is applicable, of
all annuities present or prospective, chargeable to the prior service
annuity reserve) the city shall cease to contribute the sum no longer
required for the purposes indicated in paragraph (a) of this section;
provided, if at any time the balance of the investment and interest reserve
is not sufficient to permit a transfer from such reserve to any other
reserve of the fund, in accordance with the provisions of this Article, the
city shall, as soon as possible and practicable thereafter, contribute sums
sufficient to make possible such transfer.
(c) If by reason of annexation of territory and the employment by the
city of any policeman then employed in the annexed territory, after the
city has ceased to make contributions under this section, contributions to
provide prior service and widow's prior service annuity for such policeman
become necessary for such purposes, the city shall, as soon as possible and
practicable thereafter, contribute sums sufficient to provide such annuities.
(Source: P.A. 82-342.)
(40 ILCS 5/5-175.1) (from Ch. 108 1/2, par. 5-175.1)
Sec. 5-175.1.
Contributions by female policemen.
(a) Effective as of October 1, 1974, female policemen shall make the
same contributions for survivors' annuities
or other benefits as are in
effect for male policemen, to the end that no distinction or difference
shall exist as between male and female policemen with respect to rates
of contribution or other provisions of this Article.
(b) Any female policeman shall have the option of making
contributions for the aforesaid purposes, covering the period prior to
October 1, 1974, and receiving pension credits therefor including
concurrent credits from city contributions. Such contributions shall
include interest at 4% per annum from the dates such contributions
should have been made from the beginning of their service to the dates
of payment to the end that equal pension credits for survivors' benefits
may be provided for all policemen under this Article.
(Source: P.A. 81-1536.)
(40 ILCS 5/5-176) (from Ch. 108 1/2, par. 5-176)
Sec. 5-176.
Cost of administration.
The city shall contribute the entire costs of administration of the fund
from revenue derived from the taxes authorized to be levied for the fund.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-177) (from Ch. 108 1/2, par. 5-177)
Sec. 5-177.
Other city contributions-Estimates.
The board shall estimate the amounts required each year to be
contributed by the city to pay all annuities and benefits hereunder and
administrative expenses. All amounts shall be paid annually by the city
into the fund from taxes levied and collected for the fund.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-178) (from Ch. 108 1/2, par. 5-178)
Sec. 5-178. Board created. A board of 8 members shall
constitute a board of trustees authorized to administer the provisions of
this Article. The board shall be known as the Retirement Board of the
Policemen's Annuity and Benefit Fund of the city.
The board shall consist of 4 persons appointed by
the mayor of the city; 3 policemen employed by the city, at least one of
whom shall be a lieutenant or of a rank superior to lieutenant, one of whom
shall be of the rank of sergeant, and one of whom shall be of the rank of
investigator or a rank inferior to that rank; and one
annuitant of the fund, or a pensioner of any prior police pension fund
in operation, by authority of law, in the city. Children less than age
18 shall not be eligible for board membership. The term of office for
all members shall be 3 years. For the election to be held in 2008 only, the terms for the member who is a lieutenant or of a rank superior to lieutenant and the member who is a sergeant shall be 3 years and the terms for the member who is an investigator or a rank inferior to that rank and the annuitant member shall be 4 years. After the terms of the 2008 election are completed, the terms revert to 3-year terms for each elected trustee. Upon his election, the member holding the
rank of investigator or a rank inferior to that rank shall be detailed by
the Police Superintendent to the office of the board for the duration of
his term as trustee.
The members of a retirement board holding office in a city at the
time this Article becomes effective, including elected, appointed and
ex-officio members, shall continue in office until the expiration of
their respective terms or appointment and until their respective
successors are elected or appointed, and qualified.
At least 30 days prior to the expiration of the term of office of
each appointive member the mayor shall appoint a successor for a term of
3 years.
The board shall conduct a regular election at least 30 days prior to
the expiration of the terms of the active policemen members and
annuitant or beneficiary members for election of a successor of each
such member for a term of 3 years.
Any member of the board so appointed or elected shall continue in
office until his successor is selected and has qualified.
Any person so appointed or elected shall qualify by taking an oath of
office. A copy thereof shall be kept in the office of the city clerk of
the city.
(Source: P.A. 95-1036, eff. 2-17-09.)
(40 ILCS 5/5-179) (from Ch. 108 1/2, par. 5-179)
Sec. 5-179.
Board elections.
The regular elections for members of the
board shall be held under rules of the board at least 30 days prior to the
expiration of the term of office of any elective member.
At any election for active policemen members, all such policemen of the
appropriate rank employed by the city when the election is held have a right
to vote for members of the board of the same class of rank.
At any election for the pensioner or annuitant member, all annuitants and
pensioners (except children less than age 18) and the legal guardian of
any child annuitant or child pensioner, whose mother or stepmother is not
an annuitant or pensioner of the fund, shall have a right to vote.
Ballots to be cast in such elections shall be of a secret character.
(Source: P.A. 80-671.)
(40 ILCS 5/5-180) (from Ch. 108 1/2, par. 5-180)
Sec. 5-180.
Board vacancy, removal and recall.
A vacancy on the board owing to death, resignation or any other cause
shall be filled as follows: If the vacancy is of an appointee of the mayor,
the mayor shall appoint a person to serve for the remainder of the
unexpired term. If the vacancy is of an active policeman member, or a
pensioner or annuitant member, the successor shall be elected to serve
during the remainder of the unexpired term, at a special election which
shall be held by the board within 30 days from the date the vacancy occurs.
The election shall be conducted in the same manner as the regular triennial
election herein provided for.
The appointive members of the board may be removed from office by the
mayor. Any member elected by the active policemen who withdraws from the
police service of the city shall automatically cease to be a member of the
board.
Any elective member of the board shall be subject to recall as follows:
If not less than 60% of the active policemen contributors to the fund, or
not less than 60% of the pensioners and annuitants (minors under age 18
excepted), petition the board in writing to declare vacant the membership
of an active policeman member or pensioner or annuitant, as the case may
be, respectively, the board, within 15 days after receipt of the petition
shall declare such membership vacant. A member of the board is not subject
to recall more than once in any calendar year nor within one year after a
previous recall.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-181) (from Ch. 108 1/2, par. 5-181)
Sec. 5-181.
Board officers.
At each regular meeting in December, the board shall elect, by a
majority vote of the members who vote upon the question, a president, a
vice-president and a secretary from among its own members to serve until
the next regular December meeting and until their successors are elected.
The secretary shall make a complete record of the proceedings of all
meetings of the board and perform such other duties as the board directs.
The secretary shall be chosen from the active policemen members of the
board, and following his election shall, at the request of the board, be
detailed to the office of the board by the head of the police department of
the city as an active policeman assigned to such duty.
(Source: Laws 1965, p. 1080.)
(40 ILCS 5/5-182) (from Ch. 108 1/2, par. 5-182)
Sec. 5-182.
Board meetings.
The board shall hold regular meetings in each month and such other
meetings as it deems necessary. A majority of the board members shall
constitute a quorum for the transaction of business at any meeting;
provided, that no pension, annuity, or benefit shall be allowed or granted
and no money shall be paid out of the fund unless ordered by a vote of the
majority of the members of the board as shown by roll call entered upon the
official record of proceedings of the meeting at which such action is
taken. All board meetings shall be open to the public.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-183) (from Ch. 108 1/2, par. 5-183)
Sec. 5-183.
Board powers and duties.
The board shall have the powers and duties stated in Sections 5-184 to
5-195, inclusive, in addition to the other powers and duties provided in
this Article.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-184) (from Ch. 108 1/2, par. 5-184)
Sec. 5-184.
To supervise deductions and contributions.
To see that all amounts specified in this Article to be applied to
the fund, from any source, are collected and so applied; to see that the
sums to be deducted from the salaries
of policemen are deducted and paid
into the fund, and that the sums to be contributed by the city are so
contributed and received into the fund, and that all interest upon
moneys due the fund and all other moneys which accrue to the fund are
collected and paid into it.
(Source: P.A. 81-1536.)
(40 ILCS 5/5-185) (from Ch. 108 1/2, par. 5-185)
Sec. 5-185.
To notify comptroller of deductions.
To notify the city comptroller of the amounts or percentages of salary
to be deducted from the salaries
of policemen and paid into the
fund.
(Source: P.A. 81-1536.)
(40 ILCS 5/5-186) (from Ch. 108 1/2, par. 5-186)
Sec. 5-186.
To accept gifts.
To accept by gift, grant, bequest or otherwise any money or property of
any kind and use the same for the purposes of the fund.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-187) (from Ch. 108 1/2, par. 5-187)
Sec. 5-187.
To invest money.
To invest the monies of the fund in
accordance with the provisions set forth in Sections 1-109, 1-109.1,
1-109.2, 1-110, 1-111, 1-114 and 1-115 of this Act.
Investments made in accordance with Section 1-113 shall be deemed to be prudent.
The Board may sell any of the securities belonging to the fund and
borrow money upon such securities as collateral whenever in its judgment
such action is necessary to meet the cash requirements of the fund.
No bank or savings and loan association shall receive investment funds
as permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments
of public funds by public agencies", approved July 23, 1943, as now or
hereafter amended. The limitations set forth in such Section 6 shall be applicable
only at the time of investment and shall not require the liquidation of
any investment at any time.
The board shall have the authority to enter into such agreements and to
execute such documents as it determines to be necessary to complete any
investment transaction.
All investments shall be clearly held and accounted for to indicate ownership
by the board. The board may direct the registration of securities in its
own name or in the name of a nominee created for the express purpose of
registration of securities by a savings and loan association or national
or State bank or trust company authorized to conduct a trust business
in the State of Illinois.
Investments shall be carried at cost or at a book value in accordance with
accounting procedures approved by the board. No adjustments shall be made
in investment carrying values for ordinary current market price fluctuations;
but reserves may be provided to account for possible losses or unrealized
gains as determined by the board.
The book value of investments held by the pension fund in one or more
commingled investment accounts shall be the cost of its units
of participation in such commingled account or accounts as recorded on the
books of the board.
The board of trustees of any fund established under this Article may
not transfer its investment authority, nor transfer the assets of the fund
to any other person or entity for the purpose of consolidating or merging
its assets and management with any other pension fund or public investment
authority, unless the board resolution authorizing such transfer is submitted
for approval to the contributors and pensioners of the fund at elections
held not less than 30 days after the adoption of such resolution by the
board, and such resolution is approved by a majority of the votes cast on
the question in both the contributors election and the pensioners election.
The election procedures and qualifications governing the election of trustees
shall govern the submission of resolutions for approval under this paragraph,
insofar as they may be made applicable.
(Source: P.A. 85-964.)
(40 ILCS 5/5-187.1) (from Ch. 108 1/2, par. 5-187.1)
Sec. 5-187.1.
To lend securities.
The Board may lend securities owned
by the Fund to a borrower upon such terms and conditions as may be mutually
agreed in writing. Such agreement shall provide that during the period
of such loan the Fund shall retain the right to receive, or collect from
the borrower, all dividends, interest rights, or any distributions to which
the Fund would have otherwise been entitled. The borrower shall deposit
with the Fund as collateral for such loan cash equal to the market value
of the securities at the time the loan is made and shall increase the amount
of collateral if and when the Fund shall request an additional amount because
of subsequent increased market value of the securities.
The period for which the securities may be loaned shall not exceed one
year, and the loan agreement may specify earlier termination by either party
upon mutually agreed conditions.
(Source: P.A. 83-823.)
(40 ILCS 5/5-188) (from Ch. 108 1/2, par. 5-188)
Sec. 5-188.
To have an audit.
To contract with an independent certified public
accounting firm to perform an annual audit of the assets of the fund and
issue a financial opinion. The annual audit shall be in addition to any
examination of the fund by the State Director of Insurance.
(Source: P.A. 85-964.)
(40 ILCS 5/5-189) (from Ch. 108 1/2, par. 5-189)
Sec. 5-189.
To authorize payments.
To authorize the payment of any annuity, pension, or benefit granted
under this Article or under any other Act relating to police pensions,
heretofore in effect in the city which has been superseded by this Article;
to increase, reduce, or suspend any such annuity, pension, or benefit
whenever any part thereof was secured or granted or the amount thereof
fixed, as the result of misrepresentation, fraud, or error; provided, the
annuitant, pensioner or beneficiary concerned shall be notified and given
an opportunity to be heard concerning such proposed action.
The Board shall have exclusive original jurisdiction in all matters
relating to or affecting the fund, including, in addition to all other
matters, all claims for annuities, pensions, benefits or refunds.
(Source: P.A. 77-2141.)
(40 ILCS 5/5-190) (from Ch. 108 1/2, par. 5-190)
Sec. 5-190.
To require statements and determine service credits.
To require each policeman, including those on vacation and on leave of
absence, to file a statement, in such form as the Board directs, concerning
service rendered prior to the effective date, from which the Board shall
make a determination of the length of such service; to determine, from such
information as shall be available, the period of service rendered prior to
the effective date by any policeman who fails to file such a statement.
Any such determination by the Board shall be conclusive as to any such
period of service unless the Board reconsiders and changes the
determination.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-191) (from Ch. 108 1/2, par. 5-191)
Sec. 5-191.
To issue certificate of service.
To issue to each present employee a certificate which shall show the
entire period of service rendered by him prior to the effective date and
the amounts to his credit as of such date for prior service annuity and
widow's prior service annuity.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-192) (from Ch. 108 1/2, par. 5-192)
Sec. 5-192.
To submit annual report to city council.
To submit a report annually in June to the city council. The report
shall be made as of the close of business on December 31st of the preceding
year and shall contain a detailed statement of the affairs of the fund, its
income and disbursements for such year, and its assets and liabilities.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-193) (from Ch. 108 1/2, par. 5-193)
Sec. 5-193.
To subpoena witnesses.
To compel witnesses to attend and testify before it upon any matter
concerning the fund and to allow fees not in excess of $6 to any witness
for attendance upon any one day. The president and other members of the
Board may administer oaths to witnesses.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-194) (from Ch. 108 1/2, par. 5-194)
Sec. 5-194.
To appoint employees.
To appoint such actuarial, medical, legal, clerical or other employees
as may be necessary. Beginning July 1, 1988, the board shall develop
procedures for obtaining, by
contract or employment, any necessary professional assistance including investment
advisors and managers, auditors, and medical and legal professionals.
(Source: P.A. 85-964.)
(40 ILCS 5/5-194.1) (from Ch. 108 1/2, par. 5-194.1)
Sec. 5-194.1.
To have a budget.
The board shall adopt an annual
budget at its regular January meeting for the current fiscal year.
(Source: P.A. 85-964.)
(40 ILCS 5/5-195) (from Ch. 108 1/2, par. 5-195)
Sec. 5-195.
To make rules.
To make rules and regulations necessary for the administration of the
fund.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-196) (from Ch. 108 1/2, par. 5-196)
Sec. 5-196.
Moneys which may be held on deposit.
To pay annuities and benefits the Board may at all times keep uninvested
a sum not in excess of the amount required for such payments for a period
not exceeding 60 days. Such sum shall be kept on deposit in any bank or
savings and loan association authorized to do business in
this State. The amount which the Board may
deposit in any such bank or savings and loan association, however, shall
not exceed 25% of the paid up
capital and surplus of the bank or savings and loan association.
No bank or savings and loan association shall receive investment funds
as permitted by this Section, unless it has complied with the requirements,
other than the maximum deposit requirement established pursuant to Section
6 of "An Act relating to certain investments of public funds by public agencies",
approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 83-541.)
(40 ILCS 5/5-197) (from Ch. 108 1/2, par. 5-197)
Sec. 5-197.
Accounting.
An adequate system of accounts and records shall be established to give
effect to the requirements of this Article, and shall be maintained in
accordance with generally accepted accounting principles. The reserves
designated in
Sections 5-198 to 5-208, inclusive, shall be maintained.
(Source: P.A. 85-964.)
(40 ILCS 5/5-198) (from Ch. 108 1/2, par. 5-198)
Sec. 5-198.
Expense reserve.
Amounts contributed towards the cost of administration shall be credited
to the expense reserve. Expenses of administration shall be charged to this
reserve.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-199) (from Ch. 108 1/2, par. 5-199)
Sec. 5-199.
City contribution reserve.
Amounts contributed by the city for age and service annuity, widow's
annuity and supplemental annuity, (except those contributed instead of
deductions from salary of any policeman receiving duty disability
benefit); also amounts transferred to this reserve from the investment
and interest reserve shall be credited to this reserve.
At least once each year, and always before any transfer is made from
this reserve to any other reserve, the sums credited shall be improved
by the proper interest accretions.
When the amount of annuity for a policeman or to the widow is fixed,
and when supplemental annuity for a widow first becomes payable, the
total amount in this reserve for the purpose of such annuity and
required therefor shall be charged thereto and credited to the annuity
payment reserve.
If there is to the credit of any policeman who withdraws an amount in excess
of that required to provide age and service
annuity, or in excess of that required to provide widow's annuity for
his wife (either or both), such amount shall be retained in this reserve
and improved by interest until the policeman withdraws or dies,
whichever event occurs first; provided, however, that in the case of a
policeman who attains age 63 prior to January 1, 1988 while still in
service, no interest shall be credited between the date the policeman
attains age 63 and January 1, 1988. Any such accumulated amount shall then be
applied as provided in this Article.
(Source: P.A. 86-272.)
(40 ILCS 5/5-200) (from Ch. 108 1/2, par. 5-200)
Sec. 5-200.
Salary deduction reserve.
The following amounts shall be credited to this reserve: (1) Amounts
deducted from salaries of policemen or otherwise contributed for age and
service annuity and widow's annuity; (2) amounts contributed by the city
for any such purposes for any policeman who receives duty disability
benefit in lieu of deductions from his salary; and (3) amounts
transferred to this reserve from the investment and interest reserve.
An individual account shall be kept for each policeman from
whose salary any such amount is deducted.
As such amounts are received they
shall be credited to the respective accounts of the policemen.
At least once each year, and always before any transfer from this
reserve to any other reserve is made, the sums credited shall be
improved by interest.
When the annuity for a policeman or widow is fixed or granted, the
total amount in this reserve for the purpose of the annuity and required
therefor shall be charged thereto and credited to the annuity payment
reserve.
Amounts resulting from salary deductions, and amounts resulting from
contributions of the city for any policeman who receives duty disability
benefit in lieu of deduction from his salary, that are to be refunded in
accordance with the provisions of this Article, except those referred to
in Section 5-201, shall be charged to this reserve.
(Source: P.A. 81-1536.)
(40 ILCS 5/5-201) (from Ch. 108 1/2, par. 5-201)
Sec. 5-201.
Annuity payment reserve.
The following amounts shall be credited to this reserve: (1) amounts
transferred from the city contribution reserve and from the salary deduction
reserve for the payment of annuities which have been fixed;
(2) amounts deducted from the salary
of a policeman after the amount of
his age and service annuity has been fixed; and (3) amounts transferred
to this reserve from the investment and interest reserve.
All age and service annuities and all widow's annuities shall be
charged to this reserve. Any amount to be refunded under this Article
shall be charged to this reserve.
If a policeman whose annuity is fixed or granted withdraws from
service and thereafter re-enters service before age 63, an amount
determined in accordance with this Article shall be charged to this
reserve and credited for age and service annuity in the city
contribution reserve and the salary deduction
reserve, respectively.
Such amount shall be credited in such reserves in the ratio in which the
respective amounts transferred from such reserves for age and service
annuity for the policeman bear to each other at the time his annuity was
fixed. If the wife of such policeman when he re-enters service was his
wife when annuity for his wife was fixed an amount to be determined as
provided in this Article shall be transferred from this reserve and
credited to the policeman for widow's annuity in the city contribution
reserve and the salary deduction reserve, respectively.
Such amount
shall be credited in such reserve in the ratio which the respective
amounts transferred bear to each other at the time the annuity for the
wife was fixed.
(Source: P.A. 81-1536.)
(40 ILCS 5/5-202) (from Ch. 108 1/2, par. 5-202)
Sec. 5-202.
Prior service annuity reserve.
The following amounts shall be credited to this reserve: (1) all
contributions of the city for prior service annuity and widow's prior
service annuity; (2) all other contributions of the city for annuities
not provided entirely from contributions by the policemen
and by the city;
(3) all amounts deducted from the salary
of a future entrant after the
amount of his age and service annuity has been fixed; and (4) all assets
of any police pension fund which exist under "An Act to provide for the
setting apart, formation and disbursement of a police pension fund in
cities having a population exceeding two hundred thousand inhabitants",
approved June 29, 1915, as amended, in such city on the effective date.
All prior service annuities and widow's prior service annuities
payable under this Article and the Policemen's Annuity and Benefit Fund
Act of 1921, and all annuities, benefits and pensions which have been or
shall be granted under "An Act to provide for the setting apart,
formation and disbursement of a police pension fund in cities having a
population exceeding two hundred thousand inhabitants", approved June
29, 1915, as amended, shall be charged to this reserve.
If at any time the assets of the investment and interest reserve are
not sufficient to permit the transfer from said reserve to the annuity
payment reserve of amounts necessary, according to the American
Experience Table of Mortality and interest at the rate of 4% per annum,
or the Combined Annuity Mortality Table with interest at the rate of 3%,
whichever table may be applicable, to make the balance of the annuity
payment reserve equal to the liabilities chargeable thereto (including
among such liabilities, and in addition to all other liabilities against
such reserve the present values of all annuities entered upon or fixed,
and not entered upon to be charged to such reserve), any amount
necessary for such purpose shall be transferred from this reserve to the
investment and interest reserve.
(Source: P.A. 81-1536.)
(40 ILCS 5/5-203) (from Ch. 108 1/2, par. 5-203)
Sec. 5-203.
Child's annuity reserve.
Amounts contributed by the city for child's annuity shall be credited to
this reserve, and all such annuities shall be charged to it.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-204) (from Ch. 108 1/2, par. 5-204)
Sec. 5-204.
Duty disability reserve.
Amounts contributed by the city for
duty disability benefit, occupational disease disability benefit, child's
disability benefit, and compensation annuity shall be credited to this
reserve, and all such benefits and annuities shall be charged to it.
(Source: P.A. 90-766, eff. 8-14-98.)
(40 ILCS 5/5-205) (from Ch. 108 1/2, par. 5-205)
Sec. 5-205.
Ordinary disability reserve.
Amounts contributed by the city, and all amounts deducted from the salaries
of policemen for ordinary disability
benefits shall be credited
to this reserve and all such benefits shall be charged to it.
(Source: P.A. 81-1536.)
(40 ILCS 5/5-206) (from Ch. 108 1/2, par. 5-206)
Sec. 5-206.
Gift reserve.
Amounts received by the board for any purpose under any other law or as
gifts, grants, or bequests, or in any manner other than as provided in this
Article, shall be credited to this reserve and the same shall be used for
such purposes of the fund as the board may decide. The balance in this
reserve shall be annually improved by interest at the rate realized
by the Board on its investments in the previous year.
(Source: P.A. 85-964.)
(40 ILCS 5/5-207) (from Ch. 108 1/2, par. 5-207)
Sec. 5-207.
Investment and interest reserve.
All gains from investment and all interest earnings shall be
credited, and all losses from investments shall be charged to this
reserve. From this reserve shall be transferred all amounts due in
interest upon balances existing in the city contribution, the salary deduction,
the prior service annuity, and the gift reserves.
Such amounts as shall be necessary, according to the American
Experience Table of Mortality and interest at 4% per year or the
Combined Annuity Mortality Table with 3% per annum as to the assets or
liabilities to which either Table may be applicable in accordance with
the provisions of this Article, to establish a balance in the annuity
payment reserve equal to the liabilities chargeable thereto (including
among such liabilities and in addition to all other liabilities of such
reserve the present values of all annuities entered upon or fixed, and
not entered upon to be charged to such reserve) shall be transferred to
the annuity payment reserve at least once each year.
That portion of the annual investment earnings on the fund's invested
assets exclusive of gains or losses on sales or exchanges of assets
during the year on the fund's invested assets as required by Section
5-167.2 of this Article shall be transferred from the investment and
interest reserve to the Supplementary Payment Reserve set forth in
Section 5-167.2.
Any balance in the investment and interest reserve shall be either
charged or credited to the Prior Service Annuity Reserve depending on
whether a deficiency or surplus exists in investment and interest
reserve.
(Source: P.A. 81-1536.)
(40 ILCS 5/5-208) (from Ch. 108 1/2, par. 5-208)
Sec. 5-208.
Death benefit reserve.
Amounts contributed by policemen
and the city for ordinary death benefits shall be credited to this
reserve and all such benefits shall be charged to it. At the close of
each fiscal year, interest at the rate of 3% per year until December 31,
1977 and at 6% thereafter shall be credited on the mean balance in this
reserve.
(Source: P.A. 81-1536.)
(40 ILCS 5/5-208.1) (from Ch. 108 1/2, par. 5-208.1)
Sec. 5-208.1.
Automatic increase reserve.
Amounts deducted from the salaries of policemen and matching
contributions by the City for the purposes of the automatic increase in
annuity provided in Section 5-167.1, together with interest thereon, shall
be credited to the Automatic Increase Reserve, and all payments of
increased annuities and salary deduction refunds as provided in that
Section shall be charged to the Automatic Increase Reserve.
(Source: Laws 1967, p. 3561.)
(40 ILCS 5/5-209) (from Ch. 108 1/2, par. 5-209)
Sec. 5-209.
Deficiencies in reserves.
(a) Whenever the balance in
the expense reserve, the prior service annuity reserve, the child's annuity
reserve, the duty disability reserve or the ordinary disability reserve
is not sufficient to provide for the expenses and annuities or benefits
chargeable to such reserves, the amount required shall be transferred from
the following named reserves in the order stated: City contribution reserve,
prior service annuity reserve, salary deduction reserve. When any amount
exists in such reserves in excess of that required to pay any expenses,
or annuities or benefits chargeable to any of said reserves to which a transfer
has been made, the excess shall be transferred from the reserve having such
excess to the reserve from which any such sums have been transferred until
the full sum previously transferred is returned. Interest on such transfers
or retransfers at 4% per year shall be credited to the investment and interest reserve.
(b) Whenever the balance in the expense reserve, the prior service annuity
reserve, the child's annuity reserve, the duty disability reserve or the
ordinary disability reserve is in excess of that required to pay any expenses,
annuities or benefits chargeable to that reserve and any retransfer required
under subsection (a), the treasurer of the Fund shall so advise the Board
and the chairman of the committee on finance of the city council of the
city, and the city council may by ordinance direct the treasurer of the
Fund to transfer some or all of such excess from such reserve to any other
reserve of the Fund, the balance of which is not sufficient to provide for
the expenses, annuities or benefits chargeable thereto. No such transfer
shall in any way decrease any contribution required to be made or picked
up by the city under this Article.
(Source: P.A. 82-1044.)
(40 ILCS 5/5-210) (from Ch. 108 1/2, par. 5-210)
Sec. 5-210.
Treasurer of fund.
The city treasurer of the city is the treasurer and custodian of the
fund and shall furnish to the board a bond of such amount as it designates.
The bond shall indemnify the board against any loss which may result from
any action or failure to act on the part of the treasurer and custodian or
any of his agents. All fees and charges incidental to the procuring of the
bond shall be paid by the board.
The treasurer shall deposit the moneys of the fund in one or more banks
or savings and loan associations
and in such amounts as the board may by resolution direct upon receiving an
indemnifying bond executed in favor of the board protecting the fund from
loss of any money so deposited. The bond shall be procured and paid for by
the board. The treasurer shall pay for out of the moneys of the fund, and
shall hold custody of, any and all securities ordered by the board to be
purchased. The treasurer shall deliver to the persons designated by the
board any and all securities ordered by the board to be sold, or ordered by
it to be deposited as collateral security for moneys borrowed by the board,
upon receiving notice from the secretary of the board in writing, under the
seal of the board, designating the person to whom the securities are to be
so delivered, and upon the receipt of payment or sales receipt therefor, in
the event such securities are ordered sold by the board, or of a
collateral-deposit receipt in the event such securities are ordered by the
board to be used as collateral for moneys to be borrowed by the board.
(Source: P.A. 83-541.)
(40 ILCS 5/5-211) (from Ch. 108 1/2, par. 5-211)
Sec. 5-211.
Attorney.
The chief legal officer of the city is ex officio the legal adviser of
and attorney for the board. The board may employ a licensed attorney to
render such special legal service as may be necessary. No fee or
compensation shall be paid to any attorney unless employed by the board.
Any fee or compensation paid by the board shall be in accord with the
schedule of fees or charges prescribed by a local or state bar association.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-212) (from Ch. 108 1/2, par. 5-212)
Sec. 5-212. Computation of service. In computing the service rendered by a policeman prior to the
effective date, the following periods shall be counted, in addition to
all periods during where he performed the duties of his position, as
periods of service for annuity purposes only: all periods of (a)
vacation; (b) leave of absence with whole or part pay; (c) leave of
absence without pay on account of disability; and (d) leave of absence
during which the policeman was engaged in the military or naval service
of the United States of America. Service credit shall not be allowed for
a policeman in receipt of a pension on account of disability from any
pension fund superseded by this fund.
In computing the service rendered by a policeman on or after the
effective date, the following periods shall be counted, in addition to
all periods during which he performed the duties of his position, as
periods of service for annuity purposes only: all periods of (a)
vacation; (b) leave of absence with whole or part pay; (c) leave of
absence during which the policeman was engaged in the military or naval
service of the United States of America; (d) time that the policeman was
engaged in the military or naval service of the United States of
America, during which he was passed over on any eligible list posted
from an entrance examination, due to the fact that he was in such
military or naval service at the time he was called for appointment to
the Police Department, to be computed from the date he was passed over
on any eligible list and would have been first sworn in as a policeman
had he not been engaged in the military or naval service of the United
States of America, until the date of his discharge from such military or
naval service; provided that such policeman shall pay into this Fund the
same amount that would have been deducted from his salary had he been a
policeman during the aforementioned portion of such military or naval
service; (e) disability for which the policeman receives any disability
benefit or compensation under the Workers' Compensation Act or the Workers' Occupational Diseases Act; (f) disability for which the policeman receives whole or
part pay; (g) service for which credits and creditable service have
been transferred to this Fund under Section 9-121.1, 14-105.1 or 15-134.3
of this Code; and (h) periods of service in the military, naval, or air forces of the United States entered upon before beginning service as an active policeman of a municipality as provided in Section 5-214.3.
In computing service on or after the effective date for ordinary
disability benefit, all periods described in the preceding paragraph,
except any such period for which a policeman receives ordinary
disability benefit, shall be counted as periods of service.
In computing service for any of the purposes of this Article, no
credit shall be given for any period during which a policeman was not
rendering active service because of his discharge from the service,
unless proceedings to test the legality of the discharge are filed in a
court of competent jurisdiction within one year from the date of
discharge and a final judgment is entered therein declaring the
discharge illegal.
No overtime or extra service shall be included in computing service
of a policeman and not more than one year or a fractional part thereof
of service shall be allowed for service rendered during any calendar
year.
In computing service for any of the purposes of this Article, credit
shall be given for any periods during which a
policeman who is a member of the General Assembly is on leave of absence or is
otherwise authorized to be absent from duty to enable him or her to perform
legislative duties, notwithstanding any reduction in salary for such periods
and notwithstanding that the contributions paid by the policeman were based on
a reduced salary rather than the full amount of salary attached to his or her
career service rank.
(Source: P.A. 102-806, eff. 5-13-22.)
(40 ILCS 5/5-213) (from Ch. 108 1/2, par. 5-213)
Sec. 5-213.
Credit for service in fire department.
Service rendered by a policeman, as a regular member of the paid fire
department of the city shall be counted, for annuity and benefit
purposes as if such service were rendered as a policeman of the city.
Any salary so received for service in the fire department shall be
considered, for the purposes of this Article, as salary received as a
policeman.
Any such fireman who becomes a policeman shall be credited for
annuity purposes with an amount equal to the sums deducted from his salary,
or contributed by him, and paid into the Firemen's Pension Fund
existing in such city by operation of law prior to July 1, 1931, and
such credit shall be treated as prior service credits under this
Article. Such policeman also has the right to pay to the fund an amount
equal to the difference between the amount so credited and the sum he
would have accumulated as a policeman from deductions from salary for
annuity purposes on the date when such payment is made into this fund,
for a period of time corresponding to the period of his service in the
fire department subsequent to January 1, 1922, and the city shall
contribute concurrently such amounts as are provided by Sections 5-169
and 5-170 of this Article. No credit for service rendered while a
member of the fire department shall be allowed, for any of the purposes
of this Article, after July 1, 1931, except such periods of service for
which contributions were made in accordance with the provisions of the
Act relating to the firemen's annuity and benefit fund and for which
amounts have been paid into this fund.
Such credits, payments and city contributions shall be improved by
interest and be credited on the books of the fund; and when such
policeman attains age 57 while in the police service, or becomes
separated from service prior to attainment of 57 but after having
completed at least 20 years of service, the accumulation then to his
credit shall be transferred into the annuity payment reserve and shall
thereafter be of the same status as the salary deductions and city
contributions provided for by Sections 5-169 and 5-170. Such
additional payments and city contributions shall be subject to the
refund provisions of this Article.
Any such policeman who was a member of the fire department on the day
prior to the effective date shall be considered a present employee in
this fund and any policeman who entered the service of the fire
department subsequent to that date shall be classed as a future entrant.
(Source: P.A. 81-1536.)
(40 ILCS 5/5-214) (from Ch. 108 1/2, par. 5-214)
Sec. 5-214. Credit for other service. Any participant in this fund (other
than a member of the fire department of the city) who has rendered service
as a member of the police department of the city for a period of 3 years
or more is entitled to credit for the various purposes of this Article for
service rendered prior to becoming a member or subsequent thereto for the
following periods:
No credit shall be granted in this fund, however, for this service if (1) the
policeman has credit therefor in any other annuity and benefit fund or (2) the policeman has not, within 5 years after the date his application has been approved, but prior to his date of retirement, contributed
to this fund the amount he would have contributed
with interest had he remained an active member of the police department
in the position he occupied as a result of a civil service competitive
examination, certification and appointment by the Civil Service Board; or
in the case of a city operating under the provisions of a personnel ordinance
the position he occupied as a result of a personnel ordinance competitive
examination certification and appointment under the authority of a Municipal
Personnel ordinance.
Concurrently with such contributions, the city shall contribute the amounts
provided by this Article. No credit shall be allowed for any period of
time for which contributions by the policeman have not been paid. It is the sole responsibility of the policeman to ensure that all sums contributed by the policeman have been received by the fund for the service credit for which the policeman has applied. The period
of service rendered by such policeman prior to the date he became a member
of the police department of the city or while detailed, assigned or on leave
of absence and employed in any of the departments set forth hereinabove
in this Section for which such policeman has contributed to this fund shall
be credited to him as service for all the purposes of this Article, except
that he shall not have any of the rights conferred by the provisions of
Sections 5-127 and 5-162 of this Article.
The changes in this Section made by Public Act 86-273 shall apply to members
of the fund who have not begun receiving a pension under this Article on August
23, 1989, without regard to whether employment is terminated before that date.
(Source: P.A. 102-125, eff. 7-23-21.)
(40 ILCS 5/5-214.2)
Sec. 5-214.2. Credit for certain law enforcement service. An active policeman who is a member of this Fund on or before the effective date of this Section may establish up to 10 years of additional service credit in 6-month increments for service in a law enforcement capacity under Articles 3, 7, 8, 9, 10, 13, 14, and 15 and Division 1 of Article 22, as a law enforcement officer with the Chicago Housing Authority, or as a law enforcement officer with any agency of the United States government, provided that: (1) service credit is not available for that employment under any other provision of this Article; (2) any service credit for that employment received under any other provision of this Code or under the retirement plan of the Chicago Housing Authority or Federal Employee Retirement System has been terminated; and (3) the policeman applies for this credit in writing within one year after the effective date of this Section and pays to the Fund within 5 years after the date of application an amount to be determined by the Fund in accordance with this Section.
An active policeman who becomes a member of this Fund after the effective date of this Section may establish up to 10 years of additional service credit in 6-month increments for service in a law enforcement capacity under Articles 3, 7, 8, 9, 10, 13, 14, and 15 and Division 1 of Article 22, as a law enforcement officer with the Chicago Housing Authority, or as a law enforcement officer with any agency of the United States government, provided that: (1) service credit is not available for that employment under any other provision of this Article; (2) any service credit for that employment received under any other provision of this Code or under the retirement plan of the Chicago Housing Authority or Federal Employee Retirement System has been terminated; and (3) the policeman applies for this credit in writing within 2 years after he or she begins employment under this Article and pays to the Fund within 5 years after the date of application an amount to be determined by the Fund in accordance with this Section.
The Fund must determine the policeman's payment required to establish creditable service under this Section by taking into account the appropriate actuarial assumptions, including without limitation the police officer's service, age, and salary history; the level of funding of the Fund; and any other factors that the Fund determines to be relevant. For this purpose, the policeman's required payment should result in no significant increase to the Fund's unfunded actuarial accrued liability determined as of the most recent actuarial valuation, based on the same assumptions and methods used to develop and report the Fund's actuarial accrued liability and actuarial value of assets under Statement No. 25 of Governmental Accounting Standards Board or any subsequent applicable Statement.
(Source: P.A. 95-1036, eff. 2-17-09; 96-285, eff. 8-11-09.)
(40 ILCS 5/5-214.3)
Sec. 5-214.3. Credit for military service. A policeman may establish creditable service under this Article for all periods of service in the military, naval, or air forces of the United States entered upon before beginning service as an active policeman of a municipality, provided that the policeman pays into the fund the amount the policeman would have contributed if he or she had been a regular contributor during such period, plus an amount determined by the Board to be equal to the municipality's normal cost of the benefit, plus interest at the actuarially assumed rate calculated from the date the employee last became a policeman under this Article. The total amount of such creditable service shall not exceed 2 years.
(Source: P.A. 96-1260, eff. 7-23-10.)
(40 ILCS 5/5-215) (from Ch. 108 1/2, par. 5-215)
Sec. 5-215.
Credit for certain contributions of park policemen.
The
1% deduction from salary made for costs of administration and ordinary
disability benefits from July 17, 1959 to December 31, 1959, both
inclusive, from the salaries of the members of the Park Policemen's
Annuity Fund merged with this fund January 1, 1960 shall be credited to
such members who are in active service on July 31, 1961. The credit or
any remainder thereof shall be applied against any contribution of the policeman
required to be made for age and service
annuities in this fund.
(Source: P.A. 81-1536.)
(40 ILCS 5/5-216) (from Ch. 108 1/2, par. 5-216)
Sec. 5-216.
When annuity or benefit not payable.
Except as may be otherwise provided herein, no annuity, pension or
other benefit shall be paid to a policeman or widow, based upon any
salary paid by virtue of a temporary appointment; and no disability
benefit shall be paid for any period during which he is receiving wages
or compensation from any statutory body supported in whole or in part by
taxation; and no annuity shall be paid to any policeman or widow who has
received a refund of salary deductions or other contributions unless
such amount so refunded shall have been repaid into the fund in
accordance with this Article.
No annuity shall be paid pursuant to Sections 5-127, 5-145, or
5-162 of this Article, or service credit allowed for any annuity or
disability benefit purposes for any period of time (except as provided
in Section 5-213 of this Article) for which a policeman has not contributed
to this fund
or to any police pension fund superseded by
this fund, through salary deductions or otherwise, unless he or his
widow or both, have paid into this fund within one year from July 1,
1929, or within one year from the date of any re-entrance or
reinstatement in the service subsequent to July 1, 1929, the amounts
he would have contributed to this fund
or to any such superseded police
pension fund (had deduction been made from his full
salary as such policeman during every period of service for which he has not in fact
contributed), together with interest at 4% per year on such amounts from
the dates upon which they respectively become due, until the date such
amounts have been paid. If such payment be not made in full within the
time specified herein, the board shall, at the expiration of such time,
refund to the policeman or to his widow, and if there is no widow then
in accordance with Section 5-167 of this Article, any partial payment
which has been made, together with interest of 4% per year to the date
of expiration of the period during which payment should have been made.
(Source: P.A. 81-1536.)
(40 ILCS 5/5-217) (from Ch. 108 1/2, par. 5-217)
Sec. 5-217.
Policemen in territory annexed.
Whenever any territory is annexed to the city, any person then employed
as a policeman in the annexed territory who is employed by the city on the
date of annexation as a policeman shall automatically come under the
provisions of this Article and any term of service rendered by him in such
territory shall be considered, for the purpose of this Article, as a term
of service rendered in the city.
Any such policeman shall in every respect, as of the date the annexation
comes into effect, be considered a present employee of the city on the
effective date.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-218) (from Ch. 108 1/2, par. 5-218)
Sec. 5-218.
Annuities, etc.
- Exempt.
All pensions, annuities, refunds or disability benefits granted under
this Article, and every portion thereof, are exempt from attachment or
garnishment process and shall not be seized, taken, subjected to, detained
or levied upon by virtue of any judgment, or any process
or proceeding
whatsoever issued out of or by any court for the payment and satisfaction
in whole or in part of any debt, damage, claim, demand, or judgment against
a pensioner, annuitant, refund applicant or other beneficiary hereunder.
No pensioner, annuitant, refund applicant or disability beneficiary has
a right to transfer or assign his or her pension, annuity, refund or
disability benefit or any part thereof by mortgage or otherwise, except
that a pensioner or annuitant may direct in writing that payment be made
monthly, in a fixed amount, for hospitalization purposes.
The board, in its discretion, may pay to the wife or unmarried minor
child of an annuitant, pensioner, refund applicant or disability
beneficiary, such amount out of the annuity, pension, refund or disability
benefit as a court may order, or such amount as the board may consider
necessary for the support of such wife or child (or both) in the event of
his disappearance or unexplained absence or his failure to support his wife
or child, or both.
The board may also withhold from any future annuity, pension, refund or
disability benefit payments such amount, or amounts, as it may, in its
discretion, set for the purpose of repayment of any moneys paid to an
annuitant, pensioner, refund applicant or disability beneficiary through
misrepresentation, fraud or error; provided that when any pension or
annuity is claimed to have been paid erroneously to a policeman who retired
prior to the effective date and the policeman has subsequently re-entered
the service and resumed contributions to the fund, no part of any future
annuity or disability benefit payable to him when he again becomes
separated from the service shall be retained or withheld for repayment into
the fund of any deficiency due from him on account of any pension or
annuity prior to such re-entry if such original pension or annuity was paid
without any misrepresentation by the policeman as to his age or period of
service in the procuring of such prior pension. Any authorized action taken
by the board shall relieve and release the board and the fund from any
liability for any moneys retained or paid out as herein provided.
Whenever money is payable to a minor or to a person adjudged to be under
legal disability to manage or care for his own estate, the board may,
in its discretion when to the apparent interest of the minor or person under
legal disability, waive guardianship proceedings and
pay such money to the person providing for or caring for the minor, and to
the wife, parent or blood relative providing or caring for the person under
legal disability.
Whenever a pensioner, annuitant, refund applicant or disability
beneficiary disappears or his whereabouts are unknown and it cannot be
ascertained whether or not he is living, there shall be paid to his wife or
his children, or both, under this section, such amount only as will not be
in excess of the amount which would be payable in the event the pensioner,
annuitant, refund applicant or disability beneficiary had died on the date
of his disappearance; and, in the event of his subsequent return, or upon
satisfactory proof of his being alive, the amount theretofore paid shall be
charged against any moneys payable to him under any of the provisions of
this Article to the same effect as though the payment to his wife or
children, or both, had been an allowance to her or them out of the moneys
payable to him as such pensioner, annuitant, refund applicant or disability
beneficiary.
(Source: P.A. 83-706.)
(40 ILCS 5/5-219) (from Ch. 108 1/2, par. 5-219)
Sec. 5-219.
Park Policemen's Annuity Fund Act superseded.
From January 1, 1960, the fund herein provided for shall supersede
and take the place of the Park Policemen's Annuity Fund established
under the Park Policemen's Annuity Act. The Park Policemen's Annuity
Fund as of such date shall be merged into and become a part of the fund
herein provided for. The fund shall be construed to be a continuation of
such Park Policemen's Annuity Fund and all monies, securities,
properties and any and all other assets of such annuity and benefit
fund, shall, on the first day of January, 1960, be transferred by the
retirement board of the Park Policemen's Annuity Fund to the board of
the fund herein provided for. The board established under this Article
shall receive the aforesaid assets which shall be allocated to the
several reserves created by this Article for the purposes thereof. All
participants of the superseded fund shall have the same rights and
benefits and be subject to the same duties and responsibilities as if
they had originally been participants of this fund from the first date
of employment as members of the active service in the police department
of any park district or as a retirement board employee of such
superseded fund.
All annuities, pensions and other benefits allowed prior to the first
day of January, 1960, by the retirement board of such superseded Park
Policemen's Annuity Fund shall thereafter be assumed and paid from this
fund according to the law under which such annuities, pensions or other
benefits were allowed.
All claims for any annuity, pension or other benefit from such Park
Policemen's Annuity Fund pending or ungranted on January 1, 1960, shall
be allowed or disallowed by the board established under this Article
according to the provisions of the Park Policemen's Annuity Act, and
those which are allowed shall be paid from the fund herein provided for;
provided, that whenever any claim shall hereafter be made or proceedings
at law instituted under any Act in effect prior to January 1, 1960, no
amount of annuities for any prior period shall be allowed or paid for
any period of time greater than a period of one year prior to the date
of the filing of the claim or the date of the institution of such legal
proceedings, the intent being that any annuity or benefit hereafter
granted or ordered under any such superseded Act shall be so granted or
ordered as of the date not more than one year prior to the date of the
filing of the claim for such annuity or benefit or of the institution of
the legal proceedings thereof.
The proceeds of taxes levied for the year 1959 and prior years
pursuant to Section 9 of the Park Policemen's Annuity Act, including
delinquent and uncollected taxes, shall, when collected, be paid by the
county treasurer into the fund herein provided for.
If a retirement board employee for the superseded Park Policemen's
Annuity Fund has not applied for or received a refund of his
contributions prior to January 1, 1960, under Section 37 of the Park
Policemen's Annuity Act, he may thereafter apply for and receive such
refund from the fund created by this Article. If such refunds are not
applied for after January 1, 1960, and any such retirement board
employee is employed by a governmental unit which has accepted the
provisions of the "Retirement Systems Reciprocal Act", approved July 11,
1955, as amended, the amount of such employee's and park district
contributions to his credit which have been transferred to the fund
established by this Article shall, upon request of the retirement board
of the fund in which the employee is a participant, or upon request of
the employee, be transferred by the board to the retirement system in
which the employee is a participant. The service, earnings and contributions
credits
earned by the employee in the superseded Park Policemen's Annuity Fund
shall be preserved, and, in the application of the "Retirement Systems
Reciprocal Act", the retirement system to which such contributions have
been transferred shall grant credit for the service, earnings and contributions
and consider such credits in calculating all benefits.
If any such employee has accepted a
refund of his contributions, upon subsequent employment by a
governmental unit which has accepted the provisions of the "Retirement
Systems Reciprocal Act", he may reinstate his credits earned in the
superseded Park Policemen's Annuity Fund by repayment to the retirement
fund in which he is a participant in the manner and subject to the
conditions of the "Retirement Systems Reciprocal Act", and, in such
case, the retirement system which has received such repayment shall grant
credit for the service, earnings and contributions credited by such superseded
fund and consider such credits in calculating all benefits.
All rights, credits and equities earned under the provisions of the
Park Policemen's Annuity Fund shall be preserved and shall not be
affected or impaired by the supersession of said fund by the city
policemen's annuity fund. Such rights, credits and equities shall be
considered to have accrued and been earned under the provisions of this
Article.
(Source: P.A. 82-783.)
(40 ILCS 5/5-220) (from Ch. 108 1/2, par. 5-220)
Sec. 5-220.
No compensation.
A member of a Board of Trustees of an annuity and benefit fund provided
for in this Article shall not receive any moneys from a pension fund as
salary for service performed as a member of such board.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-221) (from Ch. 108 1/2, par. 5-221)
Sec. 5-221.
No commissions on investments.
No member of the Board of Trustees and no person officially connected
with the board either as an employee or as legal advisor thereof or as a
custodian of the fund, shall receive any commissions on account of any
investment made by the board.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-222) (from Ch. 108 1/2, par. 5-222)
Sec. 5-222.
Facilities for board meetings.
Suitable rooms for office and meetings of the Board of Trustees of an
annuity and benefit fund provided for in this Article shall be provided by
the mayor of the city.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-223) (from Ch. 108 1/2, par. 5-223)
Sec. 5-223.
Age stated in employment application to be conclusive.
For any policeman, as defined in this Article, who has filed an
application for appointment as a member of the police department of the
city, the age therein stated shall be conclusive evidence of his age for
the purposes of this Article.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-224) (from Ch. 108 1/2, par. 5-224)
Sec. 5-224.
Duties of city officers.
It shall be the duty of the proper officers of the city, without cost
to the fund, to:
(a) Deduct the sums required by this Article from the
salaries of
policemen, as defined in this Article, and pay such sums to the board of
the fund in such manner as the board specifies;
(b) On the first day of each month, notify the board of the
employment of any new policemen and of all discharges, resignations, and
suspensions from the service, deaths, and changes in salary which have
occurred during the preceding month, and the dates when any such events
occurred;
(c) Transmit to the board, in such form and at such time as the
board specifies, all information requested by the board concerning the
service, age, salary, residence, marital status, wife or widow,
children, parents, physical condition, mental condition, and death of
any policemen employed by the city; in particular, information
concerning service rendered by any such policemen prior to the effective
date set forth in this Article;
(d) Convey to the board all information required by the board
concerning each newly appointed or reappointed policeman immediately
after such appointment or reappointment;
(e) Certify to the board, as of some day in each year to be fixed by
the board, the name of each policeman to whom this Article applies;
(f) Keep such records concerning policemen as the board may
reasonably require and may specify.
(Source: P.A. 81-1536.)
(40 ILCS 5/5-225) (from Ch. 108 1/2, par. 5-225)
Sec. 5-225.
Duty to comply with Article.
It shall be the duty of all officers, officials, and employees of such
city to perform any and all acts required to carry out the intent and
purposes of this Article.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/5-226) (from Ch. 108 1/2, par. 5-226)
Sec. 5-226. Examination
and report by Director of Insurance.
The Director of Insurance biennially shall make a thorough examination
of the fund provided for in this Article. He or she shall report the results
thereof with such recommendations as he or she deems proper to the Governor for
transmittal to the General Assembly, and send a copy to the board and to
the city council of the city. The city council shall file such report and
recommendations in the official record of its proceedings.
The requirement for reporting to the General Assembly shall be satisfied
by filing copies of the report as required
by Section 3.1 of the General Assembly Organization Act, and filing such additional copies
with the State Government Report Distribution Center for the General Assembly
as is required under
paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 100-1148, eff. 12-10-18.)
(40 ILCS 5/5-227) (from Ch. 108 1/2, par. 5-227)
Sec. 5-227. Felony conviction. None of the benefits provided for in this
Article shall be paid to any person who is convicted of any felony relating
to or arising out of or in connection with his service as a policeman.
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 policeman from whom the benefit results.
None of the benefits provided for in this Article shall be paid to any
person who is convicted of any felony while in receipt of disability benefits.
None of the benefits provided for in this Article shall be paid to any
person who is convicted of any felony relating to or arising out of or in
connection with the intentional and wrongful death of a police officer,
either active or retired, through whom such person would become eligible
to receive, or is receiving, an annuity under this Article.
A person who intentionally and unjustifiably causes delay in proceedings in which the person is ultimately convicted of a felony relating to or arising out of or in connection with his service as a policeman shall not be entitled to any benefits provided for in this Article on and after the filing date of the related indictment or charges. This paragraph applies to all persons whose felony conviction was entered on or after January 1, 2019.
Any refund required under this Article shall be calculated based on that person's contributions to the Fund, less the amount of any annuity benefit previously received by the person or his or her beneficiaries. This paragraph applies to all persons who make an application for refund to the Fund on or after January 1, 2019.
This Section shall not operate to impair any contract or vested right heretofore
acquired under any law or laws continued in this Article, nor to preclude
the right to a refund, 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 future entrants entering service subsequent to July 11, 1955, shall
be deemed to have consented to the provisions of this Section as a
condition of coverage, 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; 101-387, eff. 8-16-19.)
(40 ILCS 5/5-228) (from Ch. 108 1/2, par. 5-228)
Sec. 5-228. Administrative review.
(a) 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.
(b) If any policeman whose application for either a duty disability benefit
under Section 5-154 or for an occupational disease disability benefit under
Section 5-154.1 has been denied by the Retirement Board brings an action for
administrative review challenging the denial of disability benefits and the
policeman prevails in the action in administrative review, then the prevailing
policeman shall be entitled to recover from the Fund court costs and litigation
expenses, including reasonable attorney's fees, as part of the costs of the
action.
(Source: P.A. 101-387, eff. 8-16-19.)
(40 ILCS 5/5-229) (from Ch. 108 1/2, par. 5-229)
Sec. 5-229.
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 5/5-229.1) (from Ch. 108 1/2, par. 5-229.1)
Sec. 5-229.1.
Effective date of amendments.
The amendments made to
Sections 5-128, 5-129, 5-131, 5-137, 5-138, 5-141, 5-146, 5-154, 5-155,
5-159, 5-165, 5-169, 5-170 and 5-199 (relating to attainment of age
63) by this amendatory Act of 1989 shall be retroactive to January 1, 1988.
(Source: P.A. 86-272.)
(40 ILCS 5/5-230) (from Ch. 108 1/2, par. 5-230)
Sec. 5-230.
General Assembly.
(a) Any active (and until February 1, 1993, any former) member of the
General Assembly Retirement System may apply for transfer of his credits
and creditable service accumulated under this Fund to the General Assembly
System. Such credits and creditable service shall be transferred
forthwith. Payment by this Fund to the General Assembly Retirement System
shall be made at the same time and shall consist of:
Participation in this Fund as to any credits transferred
under this Section shall terminate on the date of transfer.
(b) An active (and until February 1, 1993, a former) member of the
General Assembly may reinstate service and service credits terminated upon
receipt of a refund or separation benefit, by payment to the Fund of
the amount of the separation benefit plus interest thereon from the date
of the refund to the date of payment.
(Source: P.A. 87-1265.)
(40 ILCS 5/5-231) (from Ch. 108 1/2, par. 5-231)
Sec. 5-231.
(a) Persons otherwise required or eligible to participate
in the Fund who elect to continue participation in the General Assembly
System under Section 2-117.1 may not participate in the Fund for the duration
of such continued participation under Section 2-117.1.
(b) Upon terminating such continued participation, a person may transfer
credits and creditable service accumulated under Section 2-117.1 to this
Fund, upon payment to the Fund of (1) the amount by which the employer and
employee contributions that would have been required if he had participated
in this Fund during the period for which credit under Section 2-117.1 is
being transferred, plus interest, exceeds the amounts actually transferred
under that Section to the Fund, plus (2) interest thereon at 6% per annum
compounded annually from the date of such participation to the date of payment.
(Source: P.A. 82-342.)
(40 ILCS 5/5-232) (from Ch. 108 1/2, par. 5-232)
Sec. 5-232.
(a) Any active member of the Judges Retirement System
of Illinois may apply for transfer of his credits and creditable service accumulated
under this Fund to the Judges Retirement System. Such credits and creditable
service shall be transferred forthwith. Payment by this Fund to the Judges
Retirement System shall be made at the same time and shall consist of:
(1) the amounts accumulated to the credit of the applicant, including
interest, on the books of the Fund on the date of transfer, but excluding any additional
or optional credits, which credits shall be refunded to the applicant; and
(2) municipality credits computed and credited under this Article, including
interest, on the books of the Fund on the date the member terminated service
under the Fund.
Participation in this Fund as to any credits transferred
under this Section shall terminate on the date of transfer.
(b) An active member of the Judges Retirement System may reinstate service and
service credits terminated upon receipt of a separation benefit, by payment
to the Fund of the amount of the separation benefit plus interest thereon
to the date of payment.
(Source: P.A. 85-1008.)
(40 ILCS 5/5-233) (from Ch. 108 1/2, par. 5-233)
Sec. 5-233.
Transfer of creditable service to Article 8, 9 or 13 fund.
(a) Any city officer as defined in Section 8-243.2 of this Code, any county
officer elected by vote of the people who is a participant in a pension fund
established under Article 9 of this Code, any county police officer 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
credits and creditable service accumulated in this Fund to such Article 8, 9 or
13 fund. Such transfer shall be made forthwith. Payment by this Fund to the
Article 8, 9 or 13 fund shall be made at the same time and shall consist of:
Participation in this Fund shall terminate on the date of transfer.
(b) Any such elected city officer, county officer or sanitary district
commissioner, and any such county police officer, may reinstate credits
and creditable service terminated upon receipt of a refund, by payment to
the Fund of the amount of the refund with interest thereon at the rate of
6% per year to the date of payment.
(Source: P.A. 86-1488; 87-1265.)
(40 ILCS 5/5-233.1)
Sec. 5-233.1.
Transfer of creditable service to Article 8 or 11 fund.
A person who (i) is an active participant in a fund established under
Article 8 or 11 of this Code and (ii) has at least 10 and no more than 22
years of creditable service in this Fund may, within the 90 days following
the effective date of this Section, apply for transfer of his or her
credits and creditable service accumulated in this Fund to the Article 8
or 11 fund. At the time of the transfer, this Fund shall pay to the Article
8 or 11 fund an amount consisting of:
(Source: P.A. 92-599, eff. 6-28-02.)
(40 ILCS 5/5-234) (from Ch. 108 1/2, par. 5-234)
Sec. 5-234. Transfer of credits.
(a) Any police officer who has at least 10
years of creditable service in the Fund may transfer to this Fund credits
and creditable service accumulated under any other pension fund or
retirement system established under Article 8 or 12 of this Code, by making
application and paying to the Fund before January 1, 1990 the amount by
which the employee contributions that would have been required if he had
participated in this Fund during the period for which credit is being
transferred, plus interest, exceeds the amount
actually transferred from such other fund or system to this Fund under item
(1) of Section 8-226.5 or item (1) of Section 12-127.5.
(b) Any police officer who has at least 10 years of creditable service in the Fund may transfer to this Fund up to 48 months of creditable service accumulated under Article 9 of this Code as a correctional officer with the county department of corrections prior to January 1, 1994, by making application to the Fund within 6 months after the effective date of this amendatory Act of the 96th General Assembly and by paying to the Fund an amount to be determined by the Board, equal to (i) the difference between the amount of employee and employer contributions transferred to the Fund under Section 9-121.17 and the amounts that would have been contributed had such contributions been made at the rates applicable to members of this Fund, plus (ii) interest thereon at the actuarially assumed rate for each year, compounded annually, from the date of service to the date of payment.
(Source: P.A. 96-727, eff. 8-25-09.)
(40 ILCS 5/5-235) (from Ch. 108 1/2, par. 5-235)
Sec. 5-235.
(a) Until July 1, 1990, any active or inactive
member of the Illinois
Municipal Retirement Fund who has been a county sheriff may apply for transfer of
his creditable service accumulated under this
Article to the Illinois Municipal Retirement Fund. Such creditable service
shall be transferred only upon payment by the Fund to the
Illinois Municipal Retirement Fund of an amount equal to:
(1) the amounts accumulated to the credit of the applicant on the books
of the Fund on the date of transfer; and
(2) municipality credits computed and credited under this Article,
including interest, on the books of the Fund on the date the member
terminated service under the Fund; and
(3) any interest paid by the applicant in order to reinstate service.
Participation in this Fund shall terminate on the date of transfer.
(b) Until July 1, 1990, any person transferring credit under this
Section may reinstate service
which was terminated by receipt of a refund, by payment to the Fund
of the amount of the refund with interest thereon at the rate
of 6% per year, compounded annually, from the date of refund to the date
of payment.
(Source: P.A. 86-273; 86-1028.)
(40 ILCS 5/5-236) (from Ch. 108 1/2, par. 5-236)
Sec. 5-236. Transfer to Article 14.
(a) Any active member of the State Employees'
Retirement System who is a State policeman, conservation police officer, an investigator for the Office of the Attorney General, an investigator for the Department of Revenue, or investigator for the
Secretary of State may apply for transfer of some or all of his or her
creditable service
accumulated under this Article to the State Employees' Retirement System in accordance with Section 14-110.
At the time of the transfer the Fund shall pay to the State Employees'
Retirement System an amount equal to:
(b) Any such State policeman, conservation police officer, or investigator
for the Secretary of State may reinstate service that was terminated by
receipt of a refund, by paying to the Fund the amount of the refund with
interest thereon at the actuarially assumed rate of interest, compounded annually, from the
date of refund to the date of payment.
(c) Within 30 days after the effective date of this amendatory Act of
1993, any active member of the State Employees' Retirement System who was
earning eligible creditable service under subdivision (b)(12) of Section
14-110 on January 1, 1992 and who has at least 17 years of creditable
service under this Article may apply for transfer of his creditable service
accumulated under this Article to the State Employees' Retirement System.
At the time of the transfer the Fund shall pay to the State Employees'
Retirement System an amount equal to:
(Source: P.A. 95-530, eff. 8-28-07; 96-745, eff. 8-25-09.)
(40 ILCS 5/5-237)
Sec. 5-237.
Transfer of creditable service to Article 9 fund.
(a) Any person who is an active participant in the pension fund established
under Article 9 of this Code and who was employed by the office of the Cook
County State's Attorney on January 1, 1995 may apply for transfer of his or
her credits and creditable service accumulated in this Fund to that Article
9 fund. Upon receipt of a written application to make this transfer, the Fund
shall pay to the Article 9 fund an amount consisting of:
(a-5) Until July 1, 1998, any person who is an active participant in the
pension fund established under Article 9 of this Code and a member of the
county police department as defined in Section 9-128.1 may apply for transfer
of his or her credits and creditable service accumulated in this Fund to that
Article 9 fund. Upon receipt of a written application to make this transfer,
the Fund shall pay to the Article 9 fund an amount consisting of:
(b) As part of a transfer under subsection (a) or (a-5), a person may
reinstate credits and creditable service that was terminated upon receipt of a
refund, by paying to the Fund the amount of the refund plus interest thereon at
the rate of 6% per year, compounded annually, from the date of the refund to
the date of payment.
(Source: P.A. 89-136, eff. 7-14-95; 90-32, eff. 6-27-97.)
(40 ILCS 5/5-237.5)
Sec. 5-237.5. Transfer of creditable service to Article 3 fund.
(a) Any person who is an active participant in a pension fund established under Article 3 of this Code may, for a period of 60 days after the effective date of this Section, apply for transfer of his or her credits and creditable service accumulated in this Fund to that Article 3 fund. Upon receipt of a written application to make this transfer, the Fund shall pay to the Article 3 fund an amount consisting of:
(b) As part of a transfer under subsection (a), a person may reinstate credits and creditable service that was terminated upon receipt of a refund, by paying to the Fund the amount of the refund plus interest thereon at the actuarially assumed rate, compounded annually, from the date of the refund to the date of payment.
(Source: P.A. 97-326, eff. 8-12-11.)
(40 ILCS 5/5-238)
Sec. 5-238. Provisions applicable to new hires; Tier 2.
(a) Notwithstanding any other provision of this Article,
the provisions of this Section apply to a person who first
becomes a policeman under this Article on or after January 1, 2011, and to certain qualified survivors of such a policeman. Such persons, and the benefits and restrictions that apply specifically to them under this Article, may be referred to as "Tier 2".
(b) A policeman who has withdrawn from service, has attained age 50 or more, and has 10 or more years of service in that capacity shall be entitled, upon proper application being received by the Fund, to receive a Tier 2 monthly retirement annuity for his service as a police officer. The Tier 2 monthly retirement annuity shall be computed by multiplying 2.5% for each year of such service by his or her final average salary, subject to an annuity reduction factor of one-half of 1% for each month that the police officer's age at retirement is under age 55. The Tier 2 monthly retirement annuity is in lieu of any age and service annuity or other form of retirement annuity under this Article.
The maximum retirement annuity under this subsection (b) shall be 75%
of final average salary.
For the purposes of this subsection (b), "final average salary" means the average monthly salary obtained by dividing the total salary of the policeman during the 96 consecutive months of service within the last 120 months of service in which the total salary was the highest by the number of months of service in that period.
Beginning on January 1, 2011, for all purposes under
this Code (including without limitation the calculation of
benefits and employee contributions), the annual salary
based on the plan year of a member or participant to whom this Section applies shall not exceed $106,800; however, that amount shall annually thereafter be increased by the lesser of (i) 3% of that amount, including all previous adjustments, or (ii) one-half 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, including all previous adjustments.
(c) Notwithstanding any other provision of this Article, for a person who first becomes a policeman under this Article on or after January 1, 2011, eligibility for and the amount of the annuity to which the qualified surviving spouse, children, and parents are entitled under this subsection (c) shall be determined as follows:
(d) The General Assembly finds and declares that the provisions of this Section, as enacted by Public Act 96-1495, require clarification relating to necessary eligibility standards and the manner of determining and paying the intended Tier 2 benefits and contributions in order to enable the Fund to unambiguously implement and administer benefits for Tier 2 members. The changes to this Section and the conforming changes to Sections 5-153, 5-155, 5-163, 5-167.1 (except for the changes to subsection (a) of that Section), 5-169, and 5-170 made by this amendatory Act of the 99th
General Assembly are enacted to clarify the provisions of this Section as enacted by Public Act 96-1495, and are hereby declared to represent and be consistent with the original and continuing intent of this Section and Public Act 96-1495.
(e) The changes to Sections 5-153, 5-155, 5-163, 5-167.1 (except for the changes to subsection (a) of that Section), 5-169, and 5-170 made by this amendatory Act of the 99th General Assembly are intended to be retroactive to January 1, 2011 (the effective date of Public Act 96-1495) and, for the purposes of Section 1-103.1 of this Code, they apply without regard to whether the relevant policeman
was in service on or after the effective date of this amendatory Act of the 99th General Assembly.
(Source: P.A. 99-905, eff. 11-29-16.)
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