Chapter 40, PENSIONS

(40 ILCS 5/8-238) (from Ch. 108 1/2, par. 8-238) Sec. 8-238. Municipal Pension Fund superseded. The fund herein provided for on the effective date shall supersede and take the place and have transferred to it the assets of any Municipal Pension Fund as herein defined, in operatio…

(40 ILCS 5/8-239) (from Ch. 108 1/2, par. 8-239) Sec. 8-239. School Employees' Pension Fund superseded. The fund herein provided for shall, on July 1, 1923, and thereafter, supersede and take the place of and have transferred to it the assets of any municipal pension fund which i…

(40 ILCS 5/8-240) (from Ch. 108 1/2, par. 8-240) Sec. 8-240. Certain funds superseded. On January 1, 1960 the fund herein provided for shall supersede the funds created by the Court and Law Department Employees' Annuity Act and the Board of Election Commissioners Employees' Annui…

(40 ILCS 5/8-240.1) (from Ch. 108 1/2, par. 8-240.1) Sec. 8-240.1. Public Library Employes' Pension Fund superseded. On January 1, 1966, the fund herein provided for shall supersede the fund created by the Public Library Employes' Pension Act, in operation in the city on December…

(40 ILCS 5/8-240.2) (from Ch. 108 1/2, par. 8-240.2) Sec. 8-240.2. House of Correction Employees' Pension Fund superseded. On January 1, 1969, the fund herein provided for shall supersede the fund created by the House of Correction Employees' Pension Act, in operation in the city…

(40 ILCS 5/8-241) (from Ch. 108 1/2, par. 8-241) Sec. 8-241. Board of Education employees' former service. Any employee or former employee of the Board of Education of the city, now included under the provisions of this Article, shall be considered, for all purposes of this Artic…

(40 ILCS 5/8-242) (from Ch. 108 1/2, par. 8-242) Sec. 8-242. Certain park district employees. The "Exchange of Functions Act of 1957", to the extent that it applies to the fund herein established is incorporated into and made a part of this Article by express reference. Employees…

(40 ILCS 5/8-243) (from Ch. 108 1/2, par. 8-243) Sec. 8-243. Service as alderperson or member of city council. Whenever any person has served or hereafter serves as a duly elected alderperson or member of the city council of any city of more than 500,000 inhabitants and is or her…

(40 ILCS 5/8-243.1) (from Ch. 108 1/2, par. 8-243.1) Sec. 8-243.1. Elected city officer transfer of credits. Any city officer, as defined in Section 8-243.2, may transfer to this Fund credits and creditable service accumulated under any other pension fund or retirement system est…

(40 ILCS 5/8-243.2) (from Ch. 108 1/2, par. 8-243.2) Sec. 8-243.2. Alternative annuity for city officers. (a) For the purposes of this Section and Sections 8-243.1 and 8-243.3, "city officer" means the city clerk, the city treasurer, or an alderperson of the city elected by vote …

(40 ILCS 5/8-243.3) (from Ch. 108 1/2, par. 8-243.3) Sec. 8-243.3. Alternative survivor's benefits for survivors of city officers. In lieu of the survivor's benefits otherwise payable under this Article, the spouse or eligible child of any deceased city officer elected by vote of…

(40 ILCS 5/8-244) (from Ch. 108 1/2, par. 8-244) Sec. 8-244. Annuities, etc., exempt. (a) All annuities, refunds, pensions, and disability benefits granted under this Article, shall be exempt from attachment or garnishment process and shall not be seized, taken, subjected to, det…

(40 ILCS 5/8-244.1) (from Ch. 108 1/2, par. 8-244.1) Sec. 8-244.1. Payment of annuity other than direct. (a) The board, at the written direction and request of any annuitant, may, solely as an accommodation to such annuitant, pay the annuity due him to a bank, savings and loan as…

(40 ILCS 5/8-245) (from Ch. 108 1/2, par. 8-245) Sec. 8-245. Board members-No compensation. No member of the board shall receive any moneys from the fund as salary for service performed as such member. Any employee member shall have a right to be reimbursed for any salary withhel…

(40 ILCS 5/8-246) (from Ch. 108 1/2, par. 8-246) Sec. 8-246. No commissions on investments. No member of the board, and no person officially connected with the board, as employee, legal advisor, custodian of the fund, or otherwise, shall have any right to receive any commission o…

(40 ILCS 5/8-247) (from Ch. 108 1/2, par. 8-247) Sec. 8-247. Duties of city officers. The proper officers of the city and of the Board of Education and of the retirement board, without cost to the fund, shall: (a) Deduct all sums required to be deducted from salaries of employees…

(40 ILCS 5/8-248) (from Ch. 108 1/2, par. 8-248) Sec. 8-248. Age of employee. For any employee who has filed an application for appointment to the service of the city, the age stated therein shall be conclusive evidence against the employee of his age for the purposes of this Art…

(40 ILCS 5/8-249) (from Ch. 108 1/2, par. 8-249) Sec. 8-249. Office facilities. Suitable rooms for office and meetings of the board shall be assigned by the mayor of the city. (Source: Laws 1963, p. 161.)

(40 ILCS 5/8-250) (from Ch. 108 1/2, par. 8-250) Sec. 8-250. Compliance with article. All officers, officials, and employees of the city shall perform any and all acts required to carry out the intent and purposes of this Article. (Source: Laws 1963, p. 161.)

(40 ILCS 5/8-251) (from Ch. 108 1/2, par. 8-251) Sec. 8-251. 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 municipal employee. No…

(40 ILCS 5/8-252) (from Ch. 108 1/2, par. 8-252) Sec. 8-252. Administrative review. The provisions of the Administrative Review Law, and all amendments and modifications thereof and the rules adopted pursuant thereto, shall apply to and govern all proceedings for the judicial rev…

(40 ILCS 5/8-253) (from Ch. 108 1/2, par. 8-253) Sec. 8-253. 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, …

(40 ILCS 5/9-101) (from Ch. 108 1/2, par. 9-101) Sec. 9-101. Creation of fund. In each county of more than 3,000,000 inhabitants a County Employees' and Officers' Annuity and Benefit Fund shall be created, set apart, maintained and administered, in the manner prescribed in this A…

(40 ILCS 5/9-102) (from Ch. 108 1/2, par. 9-102) Sec. 9-102. Terms defined. The terms used in this Article have the meanings ascribed to them in the Sections following this Section and preceding Section 9-120, except when the context otherwise requires. (Source: P.A. 98-756, eff.…

(40 ILCS 5/9-103) (from Ch. 108 1/2, par. 9-103) Sec. 9-103. Fund. "Fund": The County Employees' and Officers' Annuity and Benefit Fund herein created. (Source: Laws 1963, p. 161.)

(40 ILCS 5/9-104) (from Ch. 108 1/2, par. 9-104) Sec. 9-104. The 1925 Act. "The 1925 Act": "An Act to provide for the creation, setting apart, maintenance and administration of a county employees' and officers' annuity and benefit fund in counties having a population exceeding fi…

(40 ILCS 5/9-105) (from Ch. 108 1/2, par. 9-105) Sec. 9-105. County pension fund. "County pension fund": Any pension fund created by "An Act to provide for the formation and disbursement of a pension fund in counties having a population of 150,000 or more inhabitants, for the ben…

(40 ILCS 5/9-106) (from Ch. 108 1/2, par. 9-106) Sec. 9-106. Effective date. "Effective date": January 1, 1926, for any county covered by "The 1925 Act" on the date this Article comes in effect; and January 1 of the first year after the year in which any county hereafter comes un…

(40 ILCS 5/9-107) (from Ch. 108 1/2, par. 9-107) Sec. 9-107. Retirement board or board. "Retirement board" or "board": The Board of Trustees of the County Employees' and Officers' Annuity and Benefit Fund created by this Article. (Source: Laws 1963, p. 161.)

(40 ILCS 5/9-108) (from Ch. 108 1/2, par. 9-108) Sec. 9-108. "Employee", "contributor" or "participant". (a) Any employee of the county employed in any position in the classified civil service of the county, or in any position under the County Police Merit Board as a deputy sheri…

(40 ILCS 5/9-108.1) (from Ch. 108 1/2, par. 9-108.1) Sec. 9-108.1. Employees of County Department of Public Aid transferred to State employment by operation of law. Employees of a County Department of Public Aid in a county of 3,000,000 or more population who, on January 1, 1974,…

(40 ILCS 5/9-108.2) (from Ch. 108 1/2, par. 9-108.2) Sec. 9-108.2. 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 for w…

(40 ILCS 5/9-108.3) Sec. 9-108.3. In service. "In service": Any period during which contributions are being made to the Fund on behalf of an employee except for temporary election work as described in subsection (c) of Section 9-161. (Source: P.A. 103-552, eff. 8-11-23.)

(40 ILCS 5/9-109) (from Ch. 108 1/2, par. 9-109) Sec. 9-109. "Present employee". (a) Any employee on the day before the effective date who becomes a contributor on the effective date; and (b) Any person who was an employee of the county or the Board of Trustees of the County Pens…

(40 ILCS 5/9-110) (from Ch. 108 1/2, par. 9-110) Sec. 9-110. "Future entrant". (a) Any person not described in subdivisions (b), (c), (d), or (e) of this definition of "Future Entrant" who becomes an employee on or after the effective date, except a county officer elected prior t…

(40 ILCS 5/9-111) (from Ch. 108 1/2, par. 9-111) Sec. 9-111. 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 5/9-112) (from Ch. 108 1/2, par. 9-112) Sec. 9-112. Salary. "Salary": Annual salary of an employee under this Article as follows: (a) Beginning on the effective date and prior to July 1, 1947 $3000 shall be the maximum amount of annual salary of any employee to be consid…

(40 ILCS 5/9-113) (from Ch. 108 1/2, par. 9-113) Sec. 9-113. Disability. "Disability": A physical or mental incapacity as the result of which an employee is unable to perform the duties of his position. (Source: Laws 1963, p. 161.)

(40 ILCS 5/9-114) (from Ch. 108 1/2, par. 9-114) Sec. 9-114. Injury. "Injury": A physical hurt resulting from external force or violence. (Source: Laws 1963, p. 161.)

(40 ILCS 5/9-115) (from Ch. 108 1/2, par. 9-115) Sec. 9-115. Child or children. "Child" or "children": The natural child or children or any child or children legally adopted by an employee. (Source: P.A. 95-279, eff. 1-1-08.)

(40 ILCS 5/9-116) (from Ch. 108 1/2, par. 9-116) Sec. 9-116. Withdraws from service, withdrawal from service or withdrawal. "Withdraws from service", "withdrawal from service" or "withdrawal": Discharge or resignation of an employee. (Source: Laws 1963, p. 161.)

(40 ILCS 5/9-117) (from Ch. 108 1/2, par. 9-117) Sec. 9-117. 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 5/9-118) (from Ch. 108 1/2, par. 9-118) Sec. 9-118. 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 a present employee, or for a future en…

(40 ILCS 5/9-119) (from Ch. 108 1/2, par. 9-119) Sec. 9-119. Annuity. "Annuity": Equal monthly payments for life, unless otherwise specified. The first payment shall be due and payable 1 month after the occurrence of the event upon which payment of the annuity depends, and the la…

(40 ILCS 5/9-119.1) Sec. 9-119.1. Earned annuity. "Earned annuity": (1) The annuity a participant has accrued as provided in Section 9-134, disregarding minimum age and service eligibility requirements and without any reduction due to age, or (2) the age and service annuity as pr…

(40 ILCS 5/9-120) (from Ch. 108 1/2, par. 9-120) Sec. 9-120. Persons to whom article does not apply. This Article does not apply to: (a) Any person whose position will not ordinarily permit service during one month in a calendar year, nor to any person who is age 65 or over when …

(40 ILCS 5/9-120.1) Sec. 9-120.1. CTA - continued participation; military service credit. (a) A person who (i) has at least 20 years of creditable service in the Fund, (ii) has not begun receiving a retirement annuity under this Article, and (iii) is employed in a position under …

(40 ILCS 5/9-121) (from Ch. 108 1/2, par. 9-121) Sec. 9-121. Election of county officer to become contributor. (a) Any employee elected by a vote of the people to a county office may elect to become a contributor by exercising such election while in office. (b) Upon election by a…

(40 ILCS 5/9-121.1) (from Ch. 108 1/2, par. 9-121.1) Sec. 9-121.1. General Assembly transfer. (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 th…

(40 ILCS 5/9-121.10) (from Ch. 108 1/2, par. 9-121.10) Sec. 9-121.10. Transfer to Article 14. (a) Any active member of the State Employees' Retirement System who is a State policeman, investigator for the Office of the Attorney General, an investigator for the Department of Reven…