Chapter 40 — PENSIONS

(40 ILCS 5/8-107.2) (from Ch. 108 1/2, par. 8-107.2) Sec. 8-107.2. House of Correction Employees' Pension Act. "House of Correction Employees' Pension Act": "An Act to provide for the setting apart, formation and disbursement of a house of correction employees pension fund in cit…

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

(40 ILCS 5/8-108.3) Sec. 8-108.3. Credit for service as a part-time employee of the Board of Education of the city. An employee of the Board of Education of the city, regardless of his or her position, may establish up to 2 years of service credit in the Fund for part-time employ…

(40 ILCS 5/8-109) (from Ch. 108 1/2, par. 8-109) Sec. 8-109. 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 "Civil Service Act": "An Act to regulate the civil service of cities", approved March 20, 1895, as amended, superseded by the provisions of Division 1 of Article 10 of the Illinois Municipal Code, rel…

(40 ILCS 5/8-109.1) (from Ch. 108 1/2, par. 8-109.1) Sec. 8-109.1. "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 substit…

(40 ILCS 5/8-110) (from Ch. 108 1/2, par. 8-110) Sec. 8-110. Employer. "Employer": (1) a city of more than 500,000 inhabitants; (2) the Board of Education of the city, with respect to any of its employees who participate in this Fund; (3) the Chicago Housing Authority, with respe…

(40 ILCS 5/8-111) (from Ch. 108 1/2, par. 8-111) Sec. 8-111. Effective date. "Effective date": January 1, 1922, for any city covered by The 1921 Act on the date this Article comes in effect; and January 1 of the first year after the year in which any city hereafter comes under th…

(40 ILCS 5/8-112) (from Ch. 108 1/2, par. 8-112) Sec. 8-112. Retirement board or board. "Retirement board" or "board": The Retirement Board of the Municipal Employees', Officers', and Officials' Annuity and Benefit Fund created by this Article. (Source: Laws 1963, p. 161.)

(40 ILCS 5/8-113) (from Ch. 108 1/2, par. 8-113) Sec. 8-113. Municipal employee, employee, contributor, or participant. "Municipal employee", "employee", "contributor", or "participant": (a) Any employee of an employer employed in the classified civil service thereof other than b…

(40 ILCS 5/8-114) (from Ch. 108 1/2, par. 8-114) Sec. 8-114. Present employee. "Present employee": (a) Any employee of an employer, or the board, on the day before the effective date. (b) Any person who becomes an employee of the Board of Education on the day before the effective…

(40 ILCS 5/8-115) (from Ch. 108 1/2, par. 8-115) Sec. 8-115. Future entrant. "Future entrant": (a) Any employee of an employer or of the board, employed for the first time on or after the effective date. (b) Any person who becomes an employee of the Board of Education for the fir…

(40 ILCS 5/8-116) (from Ch. 108 1/2, par. 8-116) Sec. 8-116. Service, term of service, period of service, years of service. "Service", "term of service", "period of service", "years of service": Service as described in this Article, except that for any person who on December 31, …

(40 ILCS 5/8-117) (from Ch. 108 1/2, par. 8-117) Sec. 8-117. Salary. "Salary": Annual salary of an employee as follows: (a) Beginning on the effective date and prior to July 1, 1947, $3,000; and beginning on July 1, 1947 and prior to July 1, 1953, $4,800; and beginning on July 1,…

(40 ILCS 5/8-118) (from Ch. 108 1/2, par. 8-118) Sec. 8-118. Actual compensation. "Actual compensation": Beginning July 3, 1935, and prior to July 1, 1947, the actual sum without limitation and beginning July 1, 1947 and prior to July 1, 1953, the actual sum not in excess of $4,8…

(40 ILCS 5/8-119) (from Ch. 108 1/2, par. 8-119) Sec. 8-119. 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 5/8-120) (from Ch. 108 1/2, par. 8-120) Sec. 8-120. 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 5/8-121) (from Ch. 108 1/2, par. 8-121) Sec. 8-121. Withdrawal from service or withdrawal. "Withdrawal from service" or "withdrawal": Discharge or resignation of an employee. For the purpose of improving sums to the credit of municipal employees for annuity purposes at t…

(40 ILCS 5/8-122) (from Ch. 108 1/2, par. 8-122) Sec. 8-122. 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 5/8-123) (from Ch. 108 1/2, par. 8-123) Sec. 8-123. Municipal pension fund. "Municipal pension fund": Any pension fund created and operated under "An Act to provide for the formation and disbursements of a pension fund in cities, villages and incorporated towns having a …

(40 ILCS 5/8-124) (from Ch. 108 1/2, par. 8-124) Sec. 8-124. 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 Jan…

(40 ILCS 5/8-125) (from Ch. 108 1/2, par. 8-125) Sec. 8-125. Annuity. "Annuity": Equal monthly payments for life, unless otherwise specified. For annuities taking effect before January 1, 1998, the first payment shall be due and payable one month after the occurrence of the event…

(40 ILCS 5/8-126) (from Ch. 108 1/2, par. 8-126) Sec. 8-126. Persons to whom article does not apply. (A) This Article does not apply to any of the following persons: (a) Any person employed in a position the duties of which will not ordinarily permit the following periods of serv…

(40 ILCS 5/8-126.1) (from Ch. 108 1/2, par. 8-126.1) Sec. 8-126.1. 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 for w…

(40 ILCS 5/8-126.2) (from Ch. 108 1/2, par. 8-126.2) Sec. 8-126.2. Validation of Service. Every participant in the Fund on the effective date of this amendatory Act of 1979 shall be deemed to have been a municipal employee throughout the entire period of his service during which …

(40 ILCS 5/8-126.3) (from Ch. 108 1/2, par. 8-126.3) Sec. 8-126.3. 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 Age …

(40 ILCS 5/8-127) (from Ch. 108 1/2, par. 8-127) Sec. 8-127. Time of fixing annuities-Waiver. No annuity or disability benefit shall be fixed, granted or paid under this Article before the effective date. Any retired employee or widow annuitant may execute a waiver of his or her …

(40 ILCS 5/8-128) (from Ch. 108 1/2, par. 8-128) Sec. 8-128. Prior service annuity-When due. A "Prior Service Annuity" shall be credited to present employees in accordance with the 1921 Act for service rendered prior to the effective date. Each such credit shall be improved by in…

(40 ILCS 5/8-129) (from Ch. 108 1/2, par. 8-129) Sec. 8-129. 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 5/8-130) (from Ch. 108 1/2, par. 8-130) Sec. 8-130. 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 provide …

(40 ILCS 5/8-131) (from Ch. 108 1/2, par. 8-131) Sec. 8-131. 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 age 65 in service, upon withdrawal, shall be entitled to annuity as of his at…

(40 ILCS 5/8-132) (from Ch. 108 1/2, par. 8-132) Sec. 8-132. 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 withdrawa…

(40 ILCS 5/8-133) (from Ch. 108 1/2, par. 8-133) Sec. 8-133. 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, afte…

(40 ILCS 5/8-134) (from Ch. 108 1/2, par. 8-134) Sec. 8-134. Annuities-Re-entry into service. Annuity in excess of that fixed in Sections 8-131, 8-132 or 8-133 shall not be granted to any employee described therein, unless he reentered service before age 65. If such reentry occur…

(40 ILCS 5/8-135) (from Ch. 108 1/2, par. 8-135) Sec. 8-135. Service after time of fixing of annuity. Service rendered after the time of fixing an annuity shall not be considered for age and service annuity. (Source: Laws 1963, p. 161.)

(40 ILCS 5/8-136) (from Ch. 108 1/2, par. 8-136) Sec. 8-136. Minimum annuities. A present employee who was a contributor to a municipal pension fund which has been merged into and become part of the fund in accordance with The 1921 Act or this Article who withdraws after such mer…

(40 ILCS 5/8-136.1) (from Ch. 108 1/2, par. 8-136.1) Sec. 8-136.1. Minimum annuities for certain public library employees. An employee who was a contributor to and participant on December 31, 1965 in a Public Library Employes' Pension Fund which has been merged into and becomes p…

(40 ILCS 5/8-136.2) (from Ch. 108 1/2, par. 8-136.2) Sec. 8-136.2. Minimum annuities for certain house of correction employees and their widows. Any employee who was a contributor to and participant on December 31, 1968 in a House of Correction Employees' Pension Fund which has b…

(40 ILCS 5/8-137) (from Ch. 108 1/2, par. 8-137) Sec. 8-137. Automatic increase in annuity. (a) An employee who retired or retires from service after December 31, 1959 and before January 1, 1987, having attained age 60 or more, shall, in January of the year after the year in whic…

(40 ILCS 5/8-137.1) (from Ch. 108 1/2, par. 8-137.1) Sec. 8-137.1. Automatic increases in annuity for certain heretofore retired participants. A retired municipal employee who (a) is receiving annuity based on a service credit of 20 or more years regardless of age at retirement o…

(40 ILCS 5/8-138) (from Ch. 108 1/2, par. 8-138) Sec. 8-138. Minimum annuities - Additional provisions. (a) An employee who withdraws after age 65 or more with at least 20 years of service, for whom the amount of age and service and prior service annuity combined is less than the…

(40 ILCS 5/8-138.1) (from Ch. 108 1/2, par. 8-138.1) Sec. 8-138.1. 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 an …

(40 ILCS 5/8-138.2) Sec. 8-138.2. Early retirement for certain public health workers. (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, 1993, is in active payroll status as an employee of t…

(40 ILCS 5/8-138.3) Sec. 8-138.3. 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 ordina…

(40 ILCS 5/8-138.4) Sec. 8-138.4. 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 p…

(40 ILCS 5/8-138.5) Sec. 8-138.5. Early retirement incentive for employees who have earned maximum pension benefits. (a) A person who is eligible for the benefits provided under Section 8-138.4 and who, if he or she had retired on or before February 29, 2004, would have been enti…

(40 ILCS 5/8-139) (from Ch. 108 1/2, par. 8-139) Sec. 8-139. 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 reversionary ann…

(40 ILCS 5/8-140) (from Ch. 108 1/2, par. 8-140) Sec. 8-140. 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 1921 Act and this Article, pay…

(40 ILCS 5/8-141) (from Ch. 108 1/2, par. 8-141) Sec. 8-141. Widow's annuity. A "Widow's Annuity" shall be credited for a widow of any male employee covering service after the effective date, payable from and after his death. (Source: Laws 1963, p. 161.)

(40 ILCS 5/8-142) (from Ch. 108 1/2, par. 8-142) Sec. 8-142. 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 beco…

(40 ILCS 5/8-143) (from Ch. 108 1/2, par. 8-143) Sec. 8-143. Widow's annuity-Present employees and future entrants attaining age 65 in service. The widow of a present employee who attains age 65 while in service after the effective date, or of a future entrant who attains age 65 …