Chapter 40 — PENSIONS

(40 ILCS 5/11-106) (from Ch. 108 1/2, par. 11-106) Sec. 11-106. Civil Service Act. "Civil Service Act": "An Act to regulate the civil service of cities", approved March 20, 1895, as amended, superseded by the provisions of Division 1 of Article 10 of the Illinois Municipal Code, …

(40 ILCS 5/11-106.1) (from Ch. 108 1/2, par. 11-106.1) Sec. 11-106.1. "Municipal Personnel Ordinance": In the case of a city exercising constitutionally authorized home rule unit authority, an ordinance of any city in which this Article is in force and effect, establishing a subs…

(40 ILCS 5/11-107) (from Ch. 108 1/2, par. 11-107) Sec. 11-107. Employer. "Employer": A city of more than 500,000 inhabitants, the Board of Education of such city to which this Article applies, the board of this fund, or the retirement board of any other annuity and benefit fund …

(40 ILCS 5/11-108) (from Ch. 108 1/2, par. 11-108) Sec. 11-108. Effective date. "Effective Date": July 1, 1935, for any city covered by "The 1935 Act" on the date this Article comes in effect; and the date on which any city hereafter for the first time comes under this Article. (…

(40 ILCS 5/11-109) (from Ch. 108 1/2, par. 11-109) Sec. 11-109. Retirement board or board. "Retirement board" or "board": The Retirement Board of the Laborers' and Retirement Board Employees' Annuity and Benefit Fund created by this Article. (Source: Laws 1963, p. 161.)

(40 ILCS 5/11-110) (from Ch. 108 1/2, par. 11-110) Sec. 11-110. Employee, contributory, contributor or participant. "Employee", "contributory", "contributor" or "participant": (a) Any employee of an employer in a position classified by the civil service commission thereof as labo…

(40 ILCS 5/11-110.1) (from Ch. 108 1/2, par. 11-110.1) Sec. 11-110.1. Gender. The masculine gender whenever used in this Article includes the feminine gender and all annuities and other benefits applicable to male employees and their survivors, and the contributions to be made fo…

(40 ILCS 5/11-111) (from Ch. 108 1/2, par. 11-111) Sec. 11-111. Present employee. "Present employee": (a) Any employee of an employer on the day before the effective date; (b) Any person who becomes an employee of the board prior to the next January 1st after the effective date w…

(40 ILCS 5/11-112) (from Ch. 108 1/2, par. 11-112) Sec. 11-112. Future entrant. "Future entrant": any employee of an employer employed for the first time on or after the effective date. (Source: Laws 1963, p. 161.)

(40 ILCS 5/11-113) (from Ch. 108 1/2, par. 11-113) Sec. 11-113. Re-entrant. "Re-entrant": Any employee who withdraws from service and receives a refund, and thereafter re-enters service prior to age 65. (Source: Laws 1963, p. 161.)

(40 ILCS 5/11-114) (from Ch. 108 1/2, par. 11-114) Sec. 11-114. The service or service. "The service" or "service": Any employment for which a contributor is entitled to receive monetary compensation from an employer; also any employment of a present employee prior to January 1st…

(40 ILCS 5/11-115) (from Ch. 108 1/2, par. 11-115) Sec. 11-115. Term of service. "Term of service": All periods of time during which the employee shall perform service as hereinbefore defined. (Source: Laws 1963, p. 161.)

(40 ILCS 5/11-116) (from Ch. 108 1/2, par. 11-116) Sec. 11-116. Salary. "Salary": Annual salary of an employee as follows: (a) Beginning on the effective date and prior to July 1, 1947, $3,000 shall be the maximum amount of annual salary of any employee to be considered for the p…

(40 ILCS 5/11-117) (from Ch. 108 1/2, par. 11-117) Sec. 11-117. Reserve basis. "Reserve basis": A method for the calculation of annuities from credited sums by recognized actuarial criteria involving a designated mortality table and a specified rate of interest. (Source: Laws 196…

(40 ILCS 5/11-118) (from Ch. 108 1/2, par. 11-118) Sec. 11-118. Disability. "Disability": A physical or mental incapacity as the result of which an employee is unable to perform the duties of his assigned position. (Source: Laws 1963, p. 161.)

(40 ILCS 5/11-119) (from Ch. 108 1/2, par. 11-119) Sec. 11-119. Injury. "Injury": A physical hurt resulting from external force or violence. (Source: Laws 1963, p. 161.)

(40 ILCS 5/11-120) (from Ch. 108 1/2, par. 11-120) Sec. 11-120. Withdraws from service, withdrawal from service or withdrawal. "Withdraws from service", "withdrawal from service" or "withdrawal": Discharge or resignation of an employee. For refund purposes a withdrawal from servi…

(40 ILCS 5/11-121) (from Ch. 108 1/2, par. 11-121) Sec. 11-121. Assets. "Assets": The total value of cash, securities and other property held. Bonds shall be valued at their amortized book values. (Source: Laws 1963, p. 161.)

(40 ILCS 5/11-122) (from Ch. 108 1/2, par. 11-122) Sec. 11-122. Age. "Age": Age at last birthday preceding the date of ascertainment of age under this Article. (Source: Laws 1963, p. 161.)

(40 ILCS 5/11-123) (from Ch. 108 1/2, par. 11-123) Sec. 11-123. Effective rate of interest, interest at the effective rate or interest. "Effective rate of interest", "interest at the effective rate" or "interest": Interest at 4% per annum for an employee who was a contributor on …

(40 ILCS 5/11-124) (from Ch. 108 1/2, par. 11-124) Sec. 11-124. Annuity. "Annuity": Equal monthly payments for life, unless terminated earlier under Section 11-148, 11-152, 11-153, or 11-230. For annuities taking effect before January 1, 1998, the first payment shall be due and p…

(40 ILCS 5/11-125) (from Ch. 108 1/2, par. 11-125) Sec. 11-125. Persons to whom article does not apply. (A) This Article does not apply to any of the following persons: (a) Any person employed prior to August 1, 1951 by such city, or board of education of such city by temporary a…

(40 ILCS 5/11-125.1) (from Ch. 108 1/2, par. 11-125.1) Sec. 11-125.1. (a) Any active 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 creditab…

(40 ILCS 5/11-125.2) (from Ch. 108 1/2, par. 11-125.2) Sec. 11-125.2. Validation of service credits. An active member of the General Assembly having no service credits or creditable service in the Fund, may establish service credit and creditable service for periods during which …

(40 ILCS 5/11-125.3) (from Ch. 108 1/2, par. 11-125.3) Sec. 11-125.3. (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…

(40 ILCS 5/11-125.4) (from Ch. 108 1/2, par. 11-125.4) Sec. 11-125.4. Validation of Service. Every participant in the Fund on the effective date of this amendatory Act of 1983 shall be deemed to have been an employee throughout the entire period of his service during which he was…

(40 ILCS 5/11-125.5) (from Ch. 108 1/2, par. 11-125.5) Sec. 11-125.5. 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 (and until March 1, 1993 any other p…

(40 ILCS 5/11-125.6) (from Ch. 108 1/2, par. 11-125.6) Sec. 11-125.6. Age Discrimination. Notwithstanding any other provisions in this Article, it is the intention of the General Assembly to comply with the federal Age Discrimination in Employment Act of 1967, as amended by the A…

(40 ILCS 5/11-125.7) (from Ch. 108 1/2, par. 11-125.7) Sec. 11-125.7. Transfer to Article 18 system. Any active member of the Judges Retirement System who is eligible to transfer service credit to that System from this Fund under subsection (g) of Section 18-112 may apply for tra…

(40 ILCS 5/11-125.8) Sec. 11-125.8. Service as police officer, firefighter, or teacher. (a) Service rendered by an employee as a police officer and member of the regularly constituted police department of the city, or as a firefighter and regular member of the paid fire departmen…

(40 ILCS 5/11-125.9) Sec. 11-125.9 Action by Fund against third party; subrogation. In those cases where the injury or death for which a disability or death benefit is payable under this Article was caused under circumstances creating a legal liability on the part of some person …

(40 ILCS 5/11-126) (from Ch. 108 1/2, par. 11-126) Sec. 11-126. Prior service annuity-When due. A "Prior Service Annuity" shall be credited to present employees in accordance with "The 1935 Act" for service rendered prior to the effective date. Each such credit shall be improved …

(40 ILCS 5/11-127) (from Ch. 108 1/2, par. 11-127) Sec. 11-127. Age and service annuity. An "Age and Service Annuity" shall be credited employees for service rendered after the effective date. (Source: Laws 1963, p. 161.)

(40 ILCS 5/11-128) (from Ch. 108 1/2, par. 11-128) Sec. 11-128. Annuities - Present employees and future entrants attaining age 65 in service. (a) A present employee who attains age 65 or more in service, having age and service and prior service annuity credits sufficient to prov…

(40 ILCS 5/11-129) (from Ch. 108 1/2, par. 11-129) Sec. 11-129. Annuities-Present employees and future entrants-Withdrawal after age 60 and prior to 65. An employee who attains age 60 or more but less than 65 in service, upon withdrawal, shall be entitled to annuity as follows: 1…

(40 ILCS 5/11-130) (from Ch. 108 1/2, par. 11-130) Sec. 11-130. Annuities - Present employees and future entrants - Withdrawal after age 55 and prior to 60. An employee who attains age 55 or more but less than age 60 in service having 10 or more years of service at date of withdr…

(40 ILCS 5/11-131) (from Ch. 108 1/2, par. 11-131) Sec. 11-131. Annuities - Present employees and future entrants - Withdrawal before age 55. An employee who withdraws after 10 years of service before age 55 and attains age 55 while out of service, shall be entitled to annuity, a…

(40 ILCS 5/11-132) (from Ch. 108 1/2, par. 11-132) Sec. 11-132. Annuities-Re-entry into service. Annuity in excess of that fixed in Sections 11-129, 11-130 and 11-131 shall not be granted to any employee described therein, unless he reentered service before age 65. If such re-ent…

(40 ILCS 5/11-133) (from Ch. 108 1/2, par. 11-133) Sec. 11-133. Service after time of fixing annuity. Service rendered after the time of fixing an annuity shall not be considered for age and service annuity or prior service annuity. (Source: Laws 1963, p. 161.)

(40 ILCS 5/11-133.1) (from Ch. 108 1/2, par. 11-133.1) Sec. 11-133.1. Early retirement incentive. (a) To be eligible for the benefits provided in this Section, an employee must: (1) be a current contributor to the Fund who, on November 1, 1992, is (i) in active payroll status as …

(40 ILCS 5/11-133.2) Sec. 11-133.2. Early retirement incentive. (a) To be eligible for the benefits provided in this Section, an employee must: (1) be a current contributor to the Fund who, on November 1, 1997, is (i) in active payroll status as an employee or (ii) receiving ordi…

(40 ILCS 5/11-133.3) Sec. 11-133.3. Early retirement incentive. (a) To be eligible for the benefits provided in this Section, an employee must: (1) have been a contributor to the Fund who (i) on October 15, 2003, was in active payroll status as an employee; (ii) returns to active…

(40 ILCS 5/11-133.4) Sec. 11-133.4. Early retirement incentive for employees who have earned maximum pension benefits. (a) A person who is eligible for the benefits provided under Section 11-133.3 and who, if he or she had retired on or before February 29, 2004, would have been e…

(40 ILCS 5/11-134) (from Ch. 108 1/2, par. 11-134) Sec. 11-134. Minimum annuities. (a) An employee whose withdrawal occurs after July 1, 1957 at age 60 or over, with 20 or more years of service, (as service is defined or computed in Section 11-216), for whom the age and service a…

(40 ILCS 5/11-134.1) (from Ch. 108 1/2, par. 11-134.1) (Text of Section WITH the changes made by P.A. 98-641, which has been held unconstitutional) Sec. 11-134.1. Automatic increase in annuity. (a) An employee who retired or retires from service after December 31, 1963, and befor…

(40 ILCS 5/11-134.2) (from Ch. 108 1/2, par. 11-134.2) Sec. 11-134.2. Reversionary annuity. (a) An employee, 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 reversi…

(40 ILCS 5/11-134.3) (from Ch. 108 1/2, par. 11-134.3) (Text of Section WITH the changes made by P.A. 98-641, which has been held unconstitutional) Sec. 11-134.3. Automatic increases in annuity for certain heretofore retired participants. (a) A retired employee who (i) is receivi…

(40 ILCS 5/11-135) (from Ch. 108 1/2, par. 11-135) Sec. 11-135. Widow's prior service annuity. A "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 1935 Act" and this Article,…

(40 ILCS 5/11-136) (from Ch. 108 1/2, par. 11-136) Sec. 11-136. Widow's annuity. A "Widow's Annuity" shall be credited for the widow of any male employee covering service after the effective date, payable from and after his death. (Source: Laws 1963, p. 161.)

(40 ILCS 5/11-137) (from Ch. 108 1/2, par. 11-137) Sec. 11-137. Widow's annuity-Present employee age 65 on effective date. The widow of a present employee who attains age 65 or more on or before the effective date is entitled, after his death, to an annuity fixed on the date he b…