(40 ILCS 5/Art. 13 Pt. III heading)
Part III.
Annuities and Benefits.
|
(40 ILCS 5/13-301) (from Ch. 108 1/2, par. 13-301)
Sec. 13-301. Retirement annuity; eligibility. Any employee who
withdraws from service and meets the age and service requirements and other
conditions set forth in subsections (a), (b), (c) or (d) hereof is entitled
to receive a retirement annuity.
(a) Withdrawal on or after age 60. Any employee, upon withdrawal from
service on or after attainment of age 60 and having at least 5 years of
service, is entitled to a retirement annuity.
(b) Withdrawal on or after attainment of minimum retirement
qualifications and prior to
age 60.
(1) Any employee, upon withdrawal from service on or
| | after attainment of age 55 (age 50 if the employee first entered service before June 13, 1997) but prior to age 60 and having at least 10 years of service, is entitled to a retirement annuity as of the date of withdrawal or, at the option of the employee, at any time thereafter.
|
|
(2) Any employee who withdraws on or after attainment
| | of age 55 (age 50 if the employee first entered service before June 13, 1997) and prior to age 60 having at least 5 years but less than 10 years of service is entitled to a retirement annuity upon attainment of age 62, subject to the other requirements of this Article.
|
|
(3) Any employee who withdraws from service on or
| | after attainment of age 50 but prior to age 60 and is eligible for early retirement without discount under the Rule of 80 as provided in subsection (c) of Section 13-302 is entitled to a retirement annuity at the time of withdrawal.
|
|
(c) Withdrawal prior to minimum retirement age. Any employee,
upon withdrawal from service prior to age 55 (age 50 if the employee
first entered service before June 13,
1997) and having at least 10 years of service, shall become entitled to a
retirement annuity upon attainment of age 55 (age 50 if the employee
first entered service before June 13,
1997) or, at the option of the employee, at any time thereafter, subject to
the other requirements of this Article.
(d) Withdrawal while disabled. Any employee having at least 5 years of
service who has received ordinary disability benefits on or after January
1, 1986 for the maximum period of time hereinafter prescribed, and who
continues to be disabled and withdraws from service, shall be entitled to a
retirement annuity. In the case of an employee who enters service after
the effective date of this amendatory Act of the 94th General Assembly, the
required 5 years of service is exclusive of service credit described in
Section 13-313. The age and service conditions as to eligibility for
such annuity shall be waived as to the employee, but the early retirement
discount under Section 13-302(b) shall apply. If the employee is under age
55 on the date of withdrawal, the retirement annuity shall be computed by
assuming that the employee is then age 55 and then reduced to its actuarial
equivalent at his attained age on that date according to applicable
mortality tables and interest rates. The retirement annuity shall not be
payable for any period prior to the employee's attainment of age 55 during
which the employee is able to return to gainful employment.
Upon the employee's death while in
receipt of a retirement annuity, a surviving spouse or minor children shall
be entitled to receive a surviving spouse's annuity or child's annuity
subject to the conditions hereinafter prescribed in Sections 13-305 through
13-308.
(Source: P.A. 94-621, eff. 8-18-05.)
|
(40 ILCS 5/13-302) (from Ch. 108 1/2, par. 13-302)
Sec. 13-302. Computation of retirement annuity.
(a) Computation of annuity. An employee who withdraws from service on
or after July 1, 1989 and who has met the age and service requirements and
other conditions for eligibility set forth in Section 13-301 of this
Article is entitled to receive a retirement annuity for life equal to 2.2%
of average final salary for each of the first 20 years of service, and 2.4%
of average final salary for each year of service in excess of 20. The
retirement annuity shall not exceed 80% of average final salary.
(b) Early retirement discount. If an employee retires prior to
attainment of age 60 with less than 30 years of service, the annuity
computed above shall be reduced by 1/2 of 1% for each full month between
the date the annuity begins and attainment of age 60, or each full month by
which the employee's service is less than 30 years, whichever is less.
However, where the employee first enters service after June 13, 1997 and does not have at least 10
years of service exclusive of credit under Article 20, the annuity computed
above shall be reduced by 1/2 of 1% for each full month between the date the
annuity begins and attainment of age 60.
(c) Rule of 80 - Early retirement without discount. For an employee
who
retires on or after January 1, 2003 but on or before December 31, 2007, if the
employee is eligible for a retirement annuity under Section 13-301 and has at
least
10 years of service exclusive of credit under Article 20 and if at the date of
withdrawal the employee's age when added to the number of years of his or her
creditable
service equals at least 80, the early retirement discount in subsection (b) of
this
Section does not apply. For purposes of this Rule of 80, portions of years
shall be
considered in whole months.
An employee who has terminated employment with the employer under this
Article prior to the effective date of this amendatory Act of the 92nd General
Assembly and subsequently re-enters service must remain in service with the
employer under this Article for at least 2 years after re-entry during the
period
beginning on January 1, 2003 and ending on December 31, 2007 to be entitled to
early retirement without discount under this subsection (c).
In the case of an employee who retires under the terms of Article 20,
eligibility
for early retirement without discount under this subsection (c) shall be based
upon
the employee's age and service credit at the time of withdrawal from the final
fund.
(c-1) Early retirement without discount; retirement after June 29,
1997 and before January 1, 2003. An employee
who (i) has attained age 55 (age 50 if the employee
first entered service before June 13, 1997), (ii) has at least 10 years of
service exclusive
of credit under Article 20, (iii) retires after June 29, 1997 and before
January 1, 2003, and (iv) retires within 6 months of the last day for which
retirement contributions were required, may elect at the time of application to
make a one-time employee
contribution to the Fund and thereby avoid the early retirement reduction
specified in subsection (b). The exercise of the election shall also obligate
the employer to make a one-time nonrefundable contribution to the Fund.
The one-time employee and employer contributions shall be a percentage
of the retiring employee's highest full-time annual salary, calculated as the
total amount of salary included in the highest 26 consecutive pay periods as
used in the average final salary calculation, and based on the employee's age
and service at retirement. The employee rate shall be 7% multiplied by the
lesser of the following 2 numbers: (1) the number of years, or portion thereof,
that the employee is less than age 60; or (2) the number of years, or portion
thereof, that the employee's service is less than 30 years. The employer
contribution shall be at the rate of 20% for each year, or portion thereof,
that the participant is less than age 60.
Upon receipt of the application, the Board shall determine the corresponding
employee and employer contributions. The annuity shall not be payable
under this subsection until both the required contributions have been received
by the Fund. However, the date the contributions are received shall
not be considered in determining the effective date of retirement.
The number of employees who may retire under this Section in any year may
be limited at the option of the District to a specified percentage of those
eligible, not lower than 30%, with the right to participate to be allocated
among those applying on the basis of seniority in the service of the employer.
An employee who has terminated employment and subsequently re-enters
service shall not be entitled to early retirement without discount under
this subsection unless the employee continues in service for at least 4
years after re-entry.
(d) Annual increase. Except for employees retiring and receiving a term
annuity, an employee who retires on or after July 1, 1985 but before July 12,
2001, shall,
upon the first payment date following the first anniversary of the date of
retirement, have the monthly annuity increased by 3% of the amount of the
monthly annuity fixed at the date of retirement.
Except for employees retiring and receiving a term annuity, an employee who
retires on or after July 12, 2001 shall, on the first day of the month in which the first
anniversary of the date of retirement occurs, have the monthly annuity
increased by 3% of the amount of the monthly annuity fixed at the date of
retirement.
The monthly annuity shall be increased by an additional 3% on the same date
each year thereafter. Beginning January 1, 1993, all annual increases payable
under this subsection (or any predecessor provision, regardless of the date
of retirement) shall be calculated at the rate of 3% of the monthly annuity
payable at the time of the increase, including any increases previously granted
under this Article.
Any employee who (i) retired before July 1, 1985 with at least 10 years of
creditable service, (ii) is receiving a retirement annuity under this Article,
other than a term annuity, and (iii) has not received any annual increase under
this subsection, shall begin receiving the annual increases provided under this
subsection (d) beginning on the next annuity payment date following June
13, 1997.
(e) Minimum retirement annuity. Beginning January 1, 1993, the
minimum monthly retirement annuity shall be $500 for any annuitant having
at least 10 years of service under this Article, other than a term
annuitant or an annuitant who began receiving the annuity before attaining
age 60. Any such annuitant who is receiving a monthly annuity of less than
$500 shall have the annuity increased to $500 on that date.
Beginning January 1, 1993, the minimum monthly retirement annuity shall
be $250 for any annuitant (other than a term or reciprocal annuitant or an
annuitant under subsection (d) of Section 13-301) having less than 10 years
of service under this Article, and for any annuitant (other than a term
annuitant) having at least 10 years of service under this Article who began
receiving the annuity before attaining age 60. Any such annuitant who is
receiving a monthly annuity of less than $250 shall have the annuity
increased to $250 on that date.
Beginning August 1, 2001
(and without regard to whether the annuitant was in service on or after that
effective date), the
minimum monthly retirement annuity for any annuitant having at least 10 years
of service, other than an annuitant whose annuity is subject to an early
retirement discount, shall be $500 plus $25 for each year of service in excess
of 10, not to exceed $750 for an annuitant with 20 or more years of service.
In the case of a reciprocal annuity, this minimum shall apply only if the
annuitant has at least 10 years of service under this Article, and the amount
of the minimum annuity shall be reduced by the sum of all the reciprocal
annuities payable to the annuitant by other participating systems under Article
20 of this Code.
Notwithstanding any other provision of this subsection, beginning on the
first annuity payment date following July 12, 2001, an employee who retired
before August 23, 1989
with at least 10 years of service under this Article but before attaining age
60 (regardless of whether the retirement annuity was subject to an early
retirement discount) shall be entitled to the same minimum monthly retirement
annuity under this subsection as an employee who retired with at least 10
years of service under this Article and after attaining age 60.
Notwithstanding any other provision of this subsection, beginning on the
first day of the month following the month in which this amendatory Act of the
94th General Assembly takes effect (and without regard to whether the annuitant
was in service on or after that effective date), an employee who retired on or
after August 23, 1989 with at least 10 years of service under this Article but
before attaining age 60 (regardless of whether the retirement annuity was
subject to an early retirement discount), except for an employee who is eligible for an annuity under Section 13-301(d), shall be entitled to the same minimum
monthly retirement annuity under this subsection as an employee who retired
with at least 10 years of service under this Article and after attaining age
60.
(Source: P.A. 94-621, eff. 8-18-05.)
|
(40 ILCS 5/13-303) (from Ch. 108 1/2, par. 13-303)
Sec. 13-303. Reversionary annuity.
(a) An employee, prior to retirement on annuity, may elect 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, husband,
parents, children, brothers or sisters. The election may be exercised by
filing a written designation with the Board prior to retirement, and may be
revoked by the employee at any time before retirement. The death of the
employee prior to retirement shall automatically void the election.
(b) The death of the designated reversionary annuitant prior to the
employee's retirement shall automatically void the election, but, if death
of the designated reversionary annuitant occurs after retirement, the
reduced annuity being paid to the retired employee annuitant shall remain
unchanged and no reversionary annuity shall be payable.
No reversionary annuity shall be paid if the employee dies before the
expiration of 730 days from the date the written designation
was filed with the board, even though the employee retired and was
receiving a reduced annuity.
(c) An employee exercising this option shall not reduce the annuity by
more than 25%, nor elect to provide a reversionary annuity of less than $100
per month. No such option shall be permitted if the reversionary annuity
for a surviving spouse, when added to the surviving spouse's annuity
payable under this Article, exceeds 85% of the reduced annuity payable to the employee.
(d) A reversionary annuity shall begin on the day following the death of
the annuitant, with the first payment due and payable one month later, and
shall continue monthly thereafter until the death of the reversionary
annuitant. Beginning on the first day of the month following the month in which this amendatory Act of the 96th General Assembly takes effect, a reversionary annuity shall begin on the first of the month following the annuitant's death and is payable for the full month if the reversionary annuitant is alive on the first day of the month.
(e) The increases in annuity provided in Section 13-302(d) shall, as to
an employee so electing a reduced annuity, relate to the amount of reduced
annuity, and such lesser amount shall constitute the annuity on which such
increases shall be based.
(f) For determining the actuarial value under this option of the employee's
annuity and the reversionary annuity, the Fund shall use an actuarial table
recommended by the Fund's actuarial consultant and approved by the Board of
Trustees.
(Source: P.A. 96-251, eff. 8-11-09.)
|
(40 ILCS 5/13-304) (from Ch. 108 1/2, par. 13-304)
Sec. 13-304.
Optional plan of additional benefits and contributions
made through December 31, 2002.
(a) While this plan is in effect, an eligible employee may establish
additional optional credit for additional benefits by electing in writing
at any time to make additional optional contributions. The employee may
discontinue making the additional optional contributions at any time by
notifying the Fund in writing.
Employees first entering service after June 30, 1997 are not eligible to
participate in the plan established under this Section.
(b) Additional optional contributions for the additional optional
benefits shall be as follows:
(1) For service after the option is elected, an
| | additional contribution of 3% of salary shall be contributed to the Fund on the same basis and under the same conditions as contributions required under Section 13-502.
|
|
(2) For service before the option is elected, an
| | additional contribution of 3% of the salary for the applicable period of service, plus interest at the annual rate as shall from time to time be determined by the Board, compounded annually from the date of service to the date of payment. All payments for past service must be paid in full before credit is given. A person who has withdrawn from service may pay the additional contribution for past service at any time within 30 days after withdrawal from service, so long as payment is made in full before the retirement annuity commences. No additional optional contributions may be made for any period of service for which credit has been previously forfeited by acceptance of a refund, unless the refund is repaid in full with interest at the rate specified in Section 13-603, from the date of refund to the date of repayment. Nothing herein may be construed to allow an additional optional contribution to be made on the account of a deceased employee.
|
|
(c) Additional optional benefit shall accrue for all periods of eligible
service for which additional contributions are paid in full. The additional
benefit shall consist of an additional 1% of average final salary for each
year of service for which optional contributions have been paid, to be
added to the employee's retirement annuity as otherwise computed under this
Article. The calculation of these additional benefits shall be subject to
the same terms and conditions as are used in the calculation of the
retirement annuity under this Article. The additional benefit shall be
included in the calculation of the automatic annual increase in annuity
under Section 13-302(d), and in the calculation of surviving spouse's
annuity where applicable. However, no additional benefits will be granted
which produce a total annuity greater than the applicable maximum
established for that type of annuity in this Article. The total additional
optional benefit that may be received under this Section is 15%
of average final salary.
(d) Refunds of additional optional contributions shall be made on the
same basis and under the same conditions as provided under Section 13-601.
(e) Optional contributions shall be accounted for in a separate Optional
Contribution Reserve.
(f) The tax levy computed under Section 13-503 shall be based on employee
contributions including the amount of optional additional employee
contributions.
(g) Service eligible under this Section may include only service as an
employee as defined in Section 13-204, and subject to Section 13-401 and
13-402. No service granted under Section 13-801 or 13-802 shall be
eligible for optional service credit. No optional service credit may be
established for any military service, or for any service under any other
Article of this Code. Optional service credit may be established for any
period of disability paid from this Fund, if the employee makes additional
optional contributions for such period of disability.
(h) This plan of optional benefits and contributions shall not apply to
service prior to withdrawal rendered by any former employee who re-enters
service unless such employee renders not less than 36 consecutive months of
additional service after the date of re-entry.
(i) The effective date of this optional plan of additional benefits and
contributions shall be the date upon which approval was received from the
Internal Revenue Service, July 31, 1987.
(j) This plan of additional benefits and contributions shall expire
December 31, 2002. No additional contributions may be made after that date,
and no additional benefits will accrue after that date.
(k) The maximum optional benefits for current and prior service for which
an employee can make contributions in a single year shall be limited to 15
years of service in 1997 and before; 9 years of service in 1998; 6 years of
service in 1999; and 3 years of service in 2000, 2001, and 2002. No person
may establish additional optional benefits under this Section for more than 15
years of service.
(Source: P.A. 92-599, eff. 6-28-02.)
|
(40 ILCS 5/13-304.1)
Sec. 13-304.1.
Optional plan of additional benefits and contributions
made January 1, 2003 through December 31, 2007.
(a) While this plan is in effect, an employee may establish optional
additional credit toward additional benefits for eligible service by making
an irrevocable written election to make additional contributions as authorized
in this Section. An employee may begin to make additional contributions under
this Section, via payroll deduction, no earlier than the first pay period of
the calendar year in which the employee fulfills the 10-year service
requirement described in subsection (g). The additional contributions of
4% of salary shall be paid to the Fund on the same basis and under the same
conditions as contributions required under Section 13-502.
(b) For service before an irrevocable option is elected, but within the same
calendar year, an additional contribution may be made of 4% of the salary for
the applicable period of service, plus interest from the date of service to
the date of contribution at a rate equal to the higher of 8% per annum or the
actuarial investment return assumption used in the Fund's most recent annual
actuarial statement. All payments for past service must be paid within the
calendar year in which the service was earned; except that a person who has
withdrawn from service and is eligible for a retirement annuity under Section
13-301 may pay the additional contribution for past service within the calendar
year of withdrawal within the 30 days after withdrawal from service, as long
as payment is made in full before the retirement annuity commences and before
December 31, 2007. Nothing in this Section may be construed to allow an
additional optional contribution to be made on the account of a deceased
employee.
(c) The maximum additional benefit for current service for which an
employee may make contributions under this Section in a single year is
limited to one year of service in each of 2003, 2004, 2005, 2006, and 2007.
The total additional benefit that may be accumulated under this Section,
including any additional benefit accumulated under a prior optional benefit
plan, is 12% of average final salary at retirement.
The additional benefit shall accrue for all periods of eligible service
for which additional contributions have been paid in full in accordance with
this Section, subject to the applicable limitations on maximum annuity.
The additional benefit shall consist of an additional 1% of average final
salary for each year of service for which optional contributions have been
paid, to be added to the employee's retirement annuity as otherwise computed
under this Article. The calculation of these additional benefits shall be
subject to the same terms and conditions as are used in the calculation of
the retirement annuity under this Article. The additional benefit shall be
included in the calculation of the automatic annual increase in annuity under
Section 13-302(d) and in the calculation of surviving spouse's annuity, where
applicable. However, no additional benefit may be granted which produces a
total annuity greater than the applicable maximum established for that type of
annuity in this Article.
(d) Refunds of additional optional contributions made in accordance with
the provisions and limitations of this Section shall be made on the same basis
and under the same conditions as are provided under Section 13-601. Any refund
of contributions that exceed the limits specified in this Section shall be made
in accordance with established Fund policy.
(e) The additional contributions shall be accounted for in a separate
Optional Contribution Reserve.
(f) The tax levy computed under Section 13-503 shall be based on employee
contributions and the amount of optional additional employee contributions, as
provided in that Section.
(g) The service eligible for optional additional contributions under this
Section is limited to service as an employee as defined in Section 13-204,
and subject to Sections 13-401 and 13-402, but excluding service credited
under subsections 13-401(a)4 and 13-401(d). Service granted under Section
13-801 or 13-802 is not eligible for optional additional contributions.
Eligible service is further limited to service rendered during or after the
calendar year in which the employee reaches 10 years of service as defined
under Section 13-402, exclusive of any credit under Article 20.
Service eligible for optional additional contributions under this Section
includes any period of disability paid from this Fund that would have been
eligible service if the employee were in active service rather than disabled.
The additional contributions for a period of disability shall be calculated
as 4% of the salary that the employee would have received if he or she had been
in active service during the applicable period of disability, plus interest
at a rate equal to the higher of 8% per annum or the actuarial investment
return assumption used in the Fund's most recent annual actuarial statement,
compounded annually, from the date of the service to the date of payment.
The contribution must be paid to the Fund no later than 3 months after the
employee returns to service from disability, and in any event prior to December
31, 2007.
(h) The minimum period for which an employee may make an irrevocable
election to make additional contributions shall be 26 consecutive pay periods,
unless the employee first accumulates the maximum optional credit as described
in subsection (c) of this Section. The maximum period for which an employee
may make irrevocable elections for additional contributions shall be from the
date of election through the last pay period eligible for contributions under
this Section.
(i) This plan of additional benefits and contributions expires on December
31, 2007. No additional contributions may be made after that date, and no
additional benefits will accrue after that date.
(Source: P.A. 92-599, eff. 6-28-02.)
|
(40 ILCS 5/13-305) (from Ch. 108 1/2, par. 13-305)
Sec. 13-305. Surviving spouse's annuity; eligibility. A surviving spouse
who was married to an employee on the date of the employee's death
while in service, or was married to an employee on the date of withdrawal from
service and remained married to that employee until the employee's
death, shall be entitled to a surviving spouse's annuity payable for
life. However, the annuity shall not be payable to the surviving spouse of (1)
an employee who withdraws from service
before attaining the minimum retirement age unless the deceased employee had at least 10 years of service, or at least 5
years of service if the employee was eligible for an annuity upon attainment of age 62 pursuant to Section 13-301(b) or had been receiving a retirement annuity
pursuant to Section
13-301(d), or (2) an employee not described in item (1) who first enters
service on or after the effective date of this amendatory Act of 1997 and who
has been employed as an employee for (i) less than 36 months from the date of
the employee's original entry into service or (ii) less than 12 months from the
employee's date of latest re-entry into service; except as otherwise provided
in Section 13-306(a) for an employee whose death arises out of or in the course
of the employee's service to the employer.
A dissolution of marriage after retirement shall not divest the
employee's spouse of the entitlement to a surviving spouse's annuity upon
the subsequent death of the employee, provided that the surviving spouse
and the deceased employee had been married to each other for a period of
not less than 10 continuous years on the date of retirement.
(Source: P.A. 94-621, eff. 8-18-05.)
|
(40 ILCS 5/13-306) (from Ch. 108 1/2, par. 13-306)
Sec. 13-306. Computation of surviving spouse's annuity.
(a) Computation of the annuity. The surviving spouse's annuity shall be
equal to 60% of the retirement annuity earned and accrued to the
credit of the deceased employee, whether death occurs while in service or
after withdrawal, plus 1% for each year of total service of the employee to
a maximum of 85%; provided, however, that if the employee's death arises
out of and in the course of the employee's service to the employer and is
compensable under either the Illinois Workers' Compensation Act or Illinois
Workers' Occupational Diseases Act, the surviving spouse's annuity is payable
regardless of the employee's length of service and shall be
not less than 50% of the employee's salary at the date of death.
For any death in service the early retirement discount required under
Section 13-302(b) shall not be applied in computing the retirement annuity
upon which is based the surviving spouse's annuity.
For any death after withdrawal and prior to application for annuity benefits, the early retirement discount required under Section 13-302(b) shall be applied in computing the retirement annuity upon which the surviving spouse's annuity is based. The maximum age discount applied to the employee's retirement annuity shall not exceed 60%.
Further, the annuity for a surviving spouse of a withdrawn employee who was eligible for an annuity upon attainment of age 62 pursuant to Section 13-301(b) but who died prior to age 60 shall be based upon an employee annuity that has been reduced by 1/2% for each full month between the date the surviving spouse's annuity begins and the employee's attainment of age 60.
(b) Reciprocal service. For any employee or annuitant who retires on or
after July 1, 1985 and whose death occurs after January 1, 1991, having
at least 15 years of service with the employer under this Article, and
who was eligible at the time of death or elected at the time of retirement
to have his or her retirement annuity calculated as provided in Section 20-131
of this Code, the surviving spouse benefit shall be calculated as of the
date of the employee's death as indicated in subsection
(a) as a percentage of the employee's total benefit as if all service had
been with the employer. That benefit shall then be reduced by
the amounts payable by each of the reciprocal funds as of the date of death
so that the total surviving spouse benefit at that date will be equal to
the benefit which would have been payable had all service been with the
employer under this Article.
(c) Discount for age differential. The annuity for a surviving spouse
shall be discounted by 0.25% for each full month that the spouse is younger
than the employee as of the date of withdrawal from service or death in service
to a maximum discount of 60% of the surviving spouse annuity as calculated
under subsections (a), (b), and (e) of this Section. The discount shall be
reduced by 10% for each full
year the marriage has been in continuous effect as of the date of
withdrawal or death in service. There shall be no discount if the marriage has
been in continuous effect for 10 full years or more at the
time of withdrawal or death in service.
(d) Annual increase. Effective August 23, 1989, on the first day of
each calendar month in which
there occurs an anniversary of the employee's date of retirement or date of
death, whichever occurred first, the surviving spouse's annuity, other than a
term annuity under Section 13-307, shall be increased by an amount equal to 3%
of the amount of the annuity. Beginning January 1, 1993, all annual increases
payable under this subsection (or any predecessor provision of this
Article) shall be calculated at the rate of 3% of the monthly annuity payable
at the time of the increase, including any increases previously granted under
this Article.
Beginning January 1, 1993, surviving spouse annuitants whose deceased
spouse died, retired or withdrew from service before August 23, 1989 with
at least 10 years of service under this Article shall be eligible for the
annual increases provided under this subsection.
(e) Minimum surviving spouse's annuity.
(1) Beginning January 1, 1993, the minimum monthly
| | surviving spouse's annuity shall be $500 for any annuitant whose deceased spouse had at least 10 years of service under this Article, other than a surviving spouse who is a term annuitant or whose deceased spouse began receiving a retirement annuity under this Article before attainment of age 60. Any such surviving spouse annuitant who is receiving a monthly annuity of less than $500 shall have the annuity increased to $500 on that date.
|
|
Beginning January 1, 1993, the minimum monthly
| | surviving spouse's annuity shall be $250 for any annuitant (other than a term or reciprocal annuitant or an annuitant survivor under subsection (d) of Section 13-301) whose deceased spouse had less than 10 years of service under this Article, and for any annuitant (other than a term annuitant) whose deceased spouse had at least 10 years of service under this Article and began receiving a retirement annuity under this Article before attainment of age 60. Any such surviving spouse annuitant who is receiving a monthly annuity of less than $250 shall have the annuity increased to $250 on that date.
|
|
(2) Beginning August 1, 2001 (and without regard to
| | whether the deceased spouse was in service on or after that date), the minimum monthly surviving spouse's annuity for any annuitant whose deceased spouse had at least 10 years of service shall be the greater of the following:
|
|
(A) An amount equal to $500, plus $25 for each
| | year of the deceased spouse's service in excess of 10, not to exceed $750 for an annuitant whose deceased spouse had 20 or more years of service. This subdivision (A) is not applicable if the deceased spouse received a retirement annuity that was subject to an early retirement discount.
|
|
(B) An amount equal to (i) 50% of the retirement
| | annuity earned and accrued to the credit of the deceased spouse at the time of death, plus (ii) the amount of any annual increases applicable to the surviving spouse's annuity (including the amount of any reversionary annuity) under subsection (d) before July 12, 2001. In any case in which a refund of excess contributions for the surviving spouse annuity has been paid by the Fund and the surviving spouse annuity is increased due to the application of this subdivision (B), the amount of that refund shall be recovered by the Fund as an offset against the amount of the increase in annuity arising from the application of this subdivision (B).
|
|
In the case of a reciprocal annuity, the minimum
| | annuity calculated under this subdivision (e)(2) shall apply only if the deceased spouse of the annuitant had at least 10 years of service under this Article, and the amount of the minimum annuity shall be reduced by the sum of all the reciprocal annuities payable to the annuitant by other participating systems under Article 20 of this Code.
|
|
The minimum annuity calculated under this
| | subdivision (e)(2) is in addition to the amount of any reversionary annuity that may be payable.
|
|
(3) Beginning August 1, 2001 (and without regard to
| | whether the deceased spouse was in service on or after that date), any surviving spouse who is receiving a term annuity under Section 13-307 or any predecessor provision of this Article may have that term annuity recalculated and converted to a minimum surviving spouse annuity under this subsection (e).
|
|
(4) Notwithstanding any other provision of this
| | subsection, beginning August 1, 2001, an annuitant whose deceased spouse retired before August 23, 1989 with at least 10 years of service under this Article but before attaining age 60 (regardless of whether the retirement annuity was subject to an early retirement discount) shall be entitled to the same minimum monthly surviving spouse's annuity under this subsection as an annuitant whose deceased spouse retired with at least 10 years of service under this Article and after attaining age 60. Further notwithstanding any other provision of this subsection, beginning on the first day of the month following the month in which this amendatory Act of the 94th General Assembly takes effect, an annuitant whose deceased spouse retired on or after August 23, 1989 with at least 10 years of service under this Article but before attaining age 60 (regardless of whether the retirement annuity was subject to an early retirement discount) shall be entitled to the same minimum monthly surviving spouse's annuity under this subsection as an annuitant whose deceased spouse retired with at least 10 years of service under this Article and after attaining age 60.
|
|
(5) The minimum annuity provided under this
| | subsection (e) shall be subject to the age discount provided under subsection (c) of this Section.
|
|
(Source: P.A. 94-621, eff. 8-18-05.)
|
(40 ILCS 5/13-307) (from Ch. 108 1/2, par. 13-307)
Sec. 13-307.
Term annuity.
Whenever a retirement or surviving spouse
annuity is less than $200 per month, it may be converted to a term annuity
in the amount of $200 per month to be paid for such period as is determined
in accordance with actuarial tables adopted by the Board.
(Source: P.A. 87-794.)
|
(40 ILCS 5/13-308) (from Ch. 108 1/2, par. 13-308)
Sec. 13-308. Child's annuity.
(a) Eligibility. A child's annuity shall be provided for each unmarried
child under the age of 18 years (under the age of 23 years in the case of a full-time student) whose employee
parent dies while in service, or whose deceased parent is an annuitant or
former employee with at least 10 years of creditable service who did not take a
refund of employee contributions. Eligibility for benefits to unmarried children over the age of 18 but under the age of 23 begins no earlier than September 1, 2005.
For purposes of this Section, "employee" includes a former employee, and
"child" means the issue of an employee or a child adopted by an employee.
Payments shall cease when a child attains the age of 18 years (age of 23 years in the case of a full-time student) or marries,
whichever first occurs. The annuity shall not be payable unless the employee
has been employed as an employee for at
least 36 months from the date of the employee's original
entry into service (at least 24 months in the case of an employee who first
entered service before June 13, 1997) and
at least 12 months from the date of the employee's latest
re-entry into service; provided, however, that if death arises out of and
in the course of service to the employer and is compensable under either the
Illinois Workers' Compensation Act or Illinois Workers' Occupational
Diseases Act, the annuity is payable regardless of the employee's length of
service.
(b) Amount. Beginning on the first day of the month following the month in which this amendatory Act of the 96th General Assembly takes effect, a child's annuity shall be $500 per month for
each child, up to a
maximum of $5,000 per month for all children of the employee, as provided in
this Section, if a parent of the child is living. The child's annuity
shall be $1,000 per month for each child, up to a maximum of $5,000 for all children of
the employee, when neither parent is alive. The total amount payable to
all children of the employee shall be divided equally among those children.
(c) Payment. Until a child attains the age of 18 years, a
child's annuity shall be paid to the child's parent or
other person who shall be providing for the child without requiring formal
letters of guardianship, unless another person shall be appointed by a
court of law as guardian. Beginning on the first day of the month following the month in which this amendatory Act of the 96th General Assembly takes effect, benefits shall begin on the first of the month following the employee's or annuitant's date of death and are payable for the full month if the annuitant was alive on the first day of the month.
(Source: P.A. 95-279, eff. 1-1-08; 96-251, eff. 8-11-09.)
|
(40 ILCS 5/13-309) (from Ch. 108 1/2, par. 13-309)
Sec. 13-309. Duty disability benefit.
(a) Any employee who becomes disabled, which disability is the result of an
injury or illness compensable under the Illinois Workers' Compensation Act or
the Illinois Workers' Occupational Diseases Act, is entitled to a duty
disability benefit during the period of disability for which the employee does
not receive any part of salary, or any part of a retirement annuity under this
Article; except that in the case of an employee who first enters service on or
after June 13, 1997 and becomes disabled before August 18, 2005 (the effective date of Public Act 94-621), a duty disability
benefit is not payable for the first 3 days of disability that would otherwise
be payable under this Section if the disability does not continue for at least
11 additional days. The changes made to this Section by Public Act 94-621 are prospective only and do not entitle an employee to a duty disability benefit for the first 3 days of any disability that occurred before that effective date and did not continue for at least 11 additional days. This benefit shall be 75% of salary at the date disability
begins. However, if the disability in any measure resulted from any physical
defect or disease which existed at the time such injury was sustained or such
illness commenced, the duty disability benefit shall be 50% of salary.
Unless the employer acknowledges that the disability is a result of
injury or illness compensable under the Workers' Compensation Act or the
Workers' Occupational Diseases Act, the duty disability benefit shall
not be payable until the issue of compensability under those Acts is finally
adjudicated. The period of disability shall be as determined by the Illinois
Workers' Compensation Commission or acknowledged by the employer.
An employee in service before June 13, 1997 shall also receive a child's disability
benefit during the period of disability of $10 per month for each
unmarried natural or adopted child of the employee under
18 years of age.
The first payment shall be made not later than one month after the
benefit is granted, and subsequent payments shall be made at least monthly.
The Board shall by rule prescribe for the payment of such benefits on the
basis of the amount of salary lost during the period of disability.
(b) The benefit shall be allowed only if all of the following requirements are
met by the employee:
(1) Application is made to the Board.
(2) A medical report is submitted by at least one
| | licensed and practicing physician as part of the employee's application.
|
|
(3) The employee is examined by at least one licensed
| | and practicing physician appointed by the Board and found to be in a disabled physical condition, and shall be re-examined at least annually thereafter during the continuance of disability. The employee need not be examined by a licensed and practicing physician appointed by the Board if the attorney for the district certifies in writing that the employee is entitled to receive compensation under the Workers' Compensation Act or the Workers' Occupational Diseases Act. The Board may require other evidence of disability.
|
|
(c) The benefit shall terminate when:
(1) The employee returns to work or receives a
| | retirement annuity paid wholly or in part under this Article;
|
|
(2) The disability ceases;
(3) The employee attains age 65, but if the employee
| | becomes disabled at age 60 or later, benefits may be extended for a period of no more than 5 years after disablement;
|
|
(4) The employee (i) refuses to submit to reasonable
| | examinations by physicians or other health professionals appointed by the Board, (ii) fails or refuses to consent to and sign an authorization allowing the Board to receive copies of or to examine the employee's medical and hospital records, or (iii) fails or refuses to provide complete information regarding any other employment for compensation he or she has received since becoming disabled; or
|
|
(5) The employee willfully and continuously refuses
| | to follow medical advice and treatment to enable the employee to return to work. However this provision does not apply to an employee who relies in good faith on treatment by prayer through spiritual means alone in accordance with the tenets and practice of a recognized church or religious denomination, by a duly accredited practitioner thereof.
|
|
In the case of a duty disability recipient who returns to work, the employee
must make application to the Retirement Board within 2 years from the date the
employee last received duty disability benefits in order to become again
entitled to duty disability benefits based on the injury for which a duty
disability benefit was theretofore paid.
(Source: P.A. 95-586, eff. 8-31-07; 96-251, eff. 8-11-09.)
|
(40 ILCS 5/13-310) (from Ch. 108 1/2, par. 13-310)
Sec. 13-310. Ordinary disability benefit.
(a) Any employee who becomes disabled as the result of
any cause other than injury or illness incurred in the performance of duty
for the employer or any other employer, or while engaged in self-employment
activities, shall be entitled to an ordinary disability benefit. The
eligible period for this benefit shall be 25% of the employee's total
actual service prior to the date of disability with a cumulative maximum
period of 5 years.
(b) The benefit shall be allowed only if the employee files an
application in writing with the Board, and a medical report is submitted by
at least one licensed and practicing physician as part of the employee's
application.
The benefit is not payable for any disability which begins during any
period of unpaid leave of absence. No benefit shall be allowed for any
period of disability prior to 30 days before application is made, unless
the Board finds good cause for the delay in filing the application. The
benefit shall not be paid during any period for which the employee receives
or is entitled to receive any part of salary.
The benefit is not payable for any disability which begins during any
period of absence from duty other than allowable vacation time in any
calendar year. An employee whose disability begins during any such
ineligible period of absence from service may not receive benefits until
the employee recovers from the disability and is in service for at least 15
consecutive working days after such recovery.
In the case of an employee who first enters service on or after June 13,
1997, an ordinary disability benefit
is not payable for the first 3 days of disability that would otherwise be
payable under this Section if the disability does not continue for at least 11
additional days.
Beginning on the effective date of this amendatory Act of the 94th General Assembly, an employee who first entered service on or after June 13, 1997 is also eligible for ordinary disability benefits on the 31st day after the last day worked, provided all sick leave is exhausted.
(c) The benefit shall be 50% of the employee's salary at the date of
disability, and shall terminate when the earliest of the following occurs:
(1) The employee returns to work or receives a
| | retirement annuity paid wholly or in part under this Article;
|
|
(2) The disability ceases;
(3) The employee willfully and continuously refuses
| | to follow medical advice and treatment to enable the employee to return to work. However this provision does not apply to an employee who relies in good faith on treatment by prayer through spiritual means alone in accordance with the tenets and practice of a recognized church or religious denomination, by a duly accredited practitioner thereof;
|
|
(4) The employee (i) refuses to submit to a
| | reasonable physical examination within 30 days of application by a physician appointed by the Board, (ii) in the case of chronic alcoholism, the employee refuses to join a rehabilitation program licensed by the Department of Public Health of the State of Illinois and certified by the Joint Commission on the Accreditation of Hospitals, (iii) fails or refuses to consent to and sign an authorization allowing the Board to receive copies of or to examine the employee's medical and hospital records, or (iv) fails or refuses to provide complete information regarding any other employment for compensation he or she has received since becoming disabled; or
|
|
(5) The eligible period for this benefit has been
| |
The first payment of the benefit shall be made not later than one month
after the same has been granted, and subsequent payments shall be made at
intervals of not more than 30 days.
(Source: P.A. 94-621, eff. 8-18-05.)
|
(40 ILCS 5/13-311) (from Ch. 108 1/2, par. 13-311)
Sec. 13-311.
Credit for Workers' Compensation payments.
If an
employee, or an employee's spouse or children, receives compensation under any
workers' compensation or occupational diseases law, the benefit payable under this Article
shall be reduced by the amount of the compensation so received if the amount is
less than the annuity or benefit. If the compensation exceeds the annuity or
benefit, no payment of annuity or benefit shall be made until the period of
time has elapsed when the annuity or benefit payable at the rates provided in
this Article equals the amount of such compensation. However, the commutation
of compensation to a lump sum basis as provided in the workers' compensation or
occupational diseases law shall not increase the annuity or benefit provided
under this Article; the annuity or benefit to be paid hereunder shall be based
on the amount of compensation awarded under such laws prior to commutation of
such compensation. No interest shall be considered in these calculations.
(Source: P.A. 91-887, eff. 7-6-00.)
|
(40 ILCS 5/13-312) (from Ch. 108 1/2, par. 13-312)
Sec. 13-312.
Subrogation.
In those cases where injury or death for
which any disability or other benefit because of death resulting from such
injury is payable under this Article was caused under circumstances
creating a legal liability for damages on the part of some person other
than the employer, all of the rights and privileges, including the right to
notice of suit brought against such other person and the right to commence
or join in such suit, as given the employer, together with the conditions
or obligations imposed under paragraph (b) of Section 5 of the Illinois
Workers' Compensation Act or such similar provisions as might be set forth
in the Workers' Compensation Act of any other state when such benefits are
paid under the Workers' Compensation Act of such other state, are also
given and granted to the retirement Board to the end that the fund may be
paid or reimbursed for the amount of disability benefits paid or to be paid
by the Fund to the injured employee or the employee's surviving spouse,
children or personal representative out of any judgment, settlement, or
payment for such injury or death obtained by such injured employee or the
employee's spouse, children or personal representative from such other person.
(Source: P.A. 87-794.)
|
(40 ILCS 5/13-313) (from Ch. 108 1/2, par. 13-313)
Sec. 13-313.
Credit during disability.
An employee shall receive credit
during any period of duty disability and beginning September 1, 1969 during
any period of ordinary disability for which benefits are paid of any amount
representing the contributions that would have been made under Section
13-502 had the employee been in active service and in receipt of salary
during such period. The employee shall also receive credit for District
contributions during such period. Credit as service for the various
purposes of this Article shall be granted the employee during the period of
disability for which benefits have been paid as hereinbefore provided for
in this Section.
(Source: P.A. 87-794.)
|
(40 ILCS 5/13-314) (from Ch. 108 1/2, par. 13-314)
Sec. 13-314. Alternative provisions for Water Reclamation District
commissioners.
(a) Transfer of credits. Any Water Reclamation District commissioner
elected by vote of the people and who has elected to participate in this
Fund may transfer to this Fund credits and creditable service accumulated
under any other pension fund or retirement system established under
Articles 2 through 18 of this Code, 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 is being transferred, plus interest, exceeds the amounts
actually transferred from such other fund or system to this Fund, plus (2)
interest thereon at 6% per year compounded annually from the date of
transfer to the date of payment.
(b) Alternative annuity. Any participant commissioner may elect to
establish alternative credits for an alternative annuity by electing in
writing to make additional optional contributions in accordance with this
Section and procedures established by the Board. Unless and until such
time as the U.S. Internal Revenue Service or the federal courts provide a
favorable ruling as described in Section 13-502(f), a
commissioner
may discontinue making the additional optional contributions by notifying the
Fund in writing in accordance with this Section and procedures established
by the Board.
Additional optional contributions for the alternative annuity shall be
as follows:
(1) For service after the option is elected, an
| | additional contribution of 3% of salary shall be contributed to the Fund on the same basis and under the same conditions as contributions required under Section 13-502.
|
|
(2) For contributions on past service, the additional
| | contribution shall be 3% of the salary for the applicable period of service, plus interest at the annual rate from time to time as determined by the Board, compounded annually from the date of service to the date of payment. Contributions for service before the option is elected may be made in a lump sum payment to the Fund or by contributing to the Fund on the same basis and under the same conditions as contributions required under Section 13-502. All payments for past service must be paid in full before credit is given. No additional optional contributions may be made for any period of service for which credit has been previously forfeited by acceptance of a refund, unless the refund is repaid in full with interest at the rate specified in Section 13-603, from the date of refund to the date of repayment.
|
|
In lieu of the retirement annuity otherwise payable under this Article,
any commissioner who has elected to participate in the Fund and make
additional optional contributions in accordance with this Section,
has attained age 55, and has at least 6 years of service
credit, may elect to have the retirement annuity computed as follows: 3% of
the participant's average final salary as a commissioner for each of
the first 8 years of service credit, plus 4% of such salary for each of the
next 4 years of service credit, plus 5% of such salary for each year of
service credit in excess of 12 years, subject to a maximum of 80% of such
salary. To the extent such commissioner has made additional optional
contributions with respect to only a portion of years of service credit,
the retirement annuity will first be determined in accordance with this
Section to the extent such additional optional contributions were made, and
then in accordance with the remaining Sections of this Article to the
extent of years of service credit with respect to which additional optional
contributions were not made. The change in minimum retirement age (from
60 to 55) made by Public Act 87-1265 applies to persons who begin
receiving a retirement annuity under this Section on or after January 25, 1993 (the effective
date of Public Act 87-1265), without regard to whether they are in service
on or after that date.
(c) Disability benefits. In lieu of the disability benefits otherwise
payable under this Article, any commissioner who (1) has elected to
participate in the Fund, and (2) has become permanently disabled and as a
consequence is unable to perform the duties of office, and (3) was making
optional contributions in accordance with this Section at the time the
disability was incurred, may elect to receive a disability annuity
calculated in accordance with the formula in subsection (b). For the
purposes of this subsection, such commissioner shall be
considered permanently disabled only if: (i) disability occurs while in
service as a commissioner and is of such a nature as to prevent the
reasonable performance of the duties of office at the time; and (ii) the
Board has received a written certification by at least 2 licensed
physicians appointed by it stating that such commissioner is disabled and
that the disability is likely to be permanent.
(d) Alternative survivor's benefits. In lieu of the
survivor's benefits otherwise payable under this Article, the spouse or
eligible child of any deceased commissioner who (1) had elected to
participate in the Fund, and (2) was either making (or had already made) additional optional
contributions on the date of death, or was receiving an annuity calculated
under this Section at the time of death, may elect to receive an annuity
beginning on the date of the commissioner's death, provided that the spouse
and commissioner must have been married on the date of the last termination
of a service as commissioner and for a continuous period of at least one
year immediately preceding death.
The annuity shall be payable beginning on the date of the commissioner's
death if the spouse is then age 50 or over, or beginning at age 50 if the
age of the spouse is less than 50 years. If a minor unmarried child or
children of the commissioner, under age 18 (age 23 in the case of a full-time student), also survive, and the child or
children are under the care of the eligible spouse, the annuity shall begin
as of the date of death of the commissioner without regard to the spouse's age.
Beginning on the first day of the month following the month in which this amendatory Act of the 96th General Assembly takes effect, benefits shall begin on the first of the month following the commissioner's date of death if the spouse is then age 50 or over or, if a minor unmarried child or children of the commissioner, under age 18 (age 23 in the case of a full time student), also survive, and the child or children are under the care of the eligible spouse. The benefit is payable for the full month if the annuitant was alive on the first day of the month.
The annuity to a spouse shall be the greater of (i) 66 2/3% of the amount of retirement
annuity earned by the commissioner on the date of death, subject to a
minimum payment of 10% of salary, provided that if an eligible spouse,
regardless of age, has in his or her care at the date of death of the
commissioner any unmarried child or children of the commissioner under age
18, the minimum annuity shall be 30% of the commissioner's salary, plus 10%
of salary on account of each minor child of the commissioner, subject to a
combined total payment on account of a spouse and minor children not to
exceed 50% of the deceased commissioner's salary or (ii) for the spouse of a commissioner whose death occurs on or after August 18, 2005 (the effective date of Public Act 94-621), the surviving spouse annuity shall be computed in the same manner as described in Section 13-306(a). The number of total service years used to calculate the commissioner's annuity shall be the number of service years used to calculate the annuity for that commissioner's surviving spouse. In the event there shall
be no spouse of the commissioner surviving, or should a spouse die while
eligible minor children still survive the commissioner, each such child
shall be entitled to an annuity equal to 20% of salary of the commissioner
subject to a combined total payment on account of all such children not to
exceed 50% of salary of the commissioner. The salary to be used in the
calculation of these benefits shall be the same as that prescribed for
determining a retirement annuity as provided in subsection (b) of this Section.
Upon the death of a commissioner occurring after termination of a service
or while in receipt of a retirement annuity, the combined total payment to
a spouse and minor children, or to minor children alone if no eligible
spouse survives, shall be limited to 85% of the amount of retirement
annuity earned by the commissioner.
Marriage of a child or attainment of age 18 (age 23 in the case of a full-time student), whichever first occurs,
shall render the child ineligible for further consideration in the payment
of annuity to a spouse or in the increase in the amount thereof. Upon
attainment of ineligibility of the youngest minor child of the
commissioner, the annuity shall immediately revert to the amount payable
upon death of a commissioner leaving no minor children surviving. If the
spouse is under age 50 at such time, the annuity as revised shall be
deferred until such age is attained.
(e) Refunds. Refunds of additional optional contributions shall be made
on the same basis and under the same conditions as provided under Section
13-601. Interest shall be credited on the same basis and under the same
conditions as for other contributions.
Optional contributions shall be accounted for in a separate Commission's
Optional Contribution Reserve. Optional contributions under this Section
shall be included in the amount of employee contributions used to compute
the tax levy under Section 13-503.
(f) Effective date. The effective date of this plan of optional
alternative benefits and contributions shall be the date upon which
approval was received from the U.S. Internal Revenue Service. The plan of
optional alternative benefits and contributions shall not be available to
any former employee receiving an annuity from the Fund on the effective
date, unless said former employee re-enters service and renders at least 3
years of additional service after the date of re-entry as a commissioner.
(Source: P.A. 95-279, eff. 1-1-08; 96-251, eff. 8-11-09.)
|
(40 ILCS 5/13-315) (from Ch. 108 1/2, par. 13-315)
Sec. 13-315.
Waiver of annuity.
Any competent employee annuitant or
surviving spouse annuitant may execute a waiver of the right to receive any
part of the total annuity. The waiver shall be effective when filed with
the Board. A waiver once filed may not be revoked, except within the first
30 days after being filed.
(Source: P.A. 87-794.)
|
|
