Chapter 40 — PENSIONS

(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…

(40 ILCS 5/9-121.11) (from Ch. 108 1/2, par. 9-121.11) Sec. 9-121.11. Transfer of credit from Article 8 or 11. Until March 1, 1993, an employee may transfer to this Fund up to a total of 10 years of creditable service accumulated under Article 8 or 11 of this Code, upon payment t…

(40 ILCS 5/9-121.12) (from Ch. 108 1/2, par. 9-121.12) Sec. 9-121.12. 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 5/9-121.13) Sec. 9-121.13. Transfer of Article 5 credits. (a) An active participant in the Fund who was employed by the office of the Cook County State's Attorney on January 1, 1995 may transfer to this Fund credits and creditable service accumulated under the pension fu…

(40 ILCS 5/9-121.15) Sec. 9-121.15. Transfer of credit from Article 14 system. A current or former employee shall be entitled to service credit in the Fund for any creditable service transferred to this Fund from the State Employees' Retirement System under Section 14-105.7 of th…

(40 ILCS 5/9-121.16) Sec. 9-121.16. Contractual service to the Retirement Board. A person who has rendered continuous contractual services (other than legal or actuarial services) to the Retirement Board for a period of at least 5 years may establish creditable service in the Fun…

(40 ILCS 5/9-121.17) Sec. 9-121.17. Transfer from Article 3. Until 6 months after the effective date, an employee may transfer to this Fund up to 6 years of creditable service accumulated under Article 3 of this Code, upon payment to this Fund of (1) the amount by which the emplo…

(40 ILCS 5/9-121.18) Sec. 9-121.18. Transfer to Article 5. (a) Any active member of Article 5 of this Code may apply for transfer of some or all of his creditable service as a correctional officer with the county department of corrections accumulated under this Article to the Art…

(40 ILCS 5/9-121.2) (from Ch. 108 1/2, par. 9-121.2) Sec. 9-121.2. 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 he …

(40 ILCS 5/9-121.3) (from Ch. 108 1/2, par. 9-121.3) Sec. 9-121.3. (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 su…

(40 ILCS 5/9-121.4) (from Ch. 108 1/2, par. 9-121.4) Sec. 9-121.4. Service as Village Trustee. Any participant who served as a Village Trustee, and was not then eligible to participate in the Illinois Municipal Retirement Fund for such service, may elect to receive credit under t…

(40 ILCS 5/9-121.5) (from Ch. 108 1/2, par. 9-121.5) Sec. 9-121.5. Elected county officer transfer of credits. Any county officer elected by vote of the people who has elected to participate in the Fund may transfer to this Fund credits and creditable service accumulated under an…

(40 ILCS 5/9-121.6) (from Ch. 108 1/2, par. 9-121.6) Sec. 9-121.6. Alternative annuity for county officers. (a) Any county officer elected by vote of the people may elect to establish alternative credits for an alternative annuity by electing in writing to make additional optiona…

(40 ILCS 5/9-121.7) (from Ch. 108 1/2, par. 9-121.7) Sec. 9-121.7. Alternative survivor's benefits for survivors of county officers. In lieu of the survivor's benefits otherwise payable under this Article, the spouse or eligible child of any deceased county officer elected by vot…

(40 ILCS 5/9-121.8) (from Ch. 108 1/2, par. 9-121.8) Sec. 9-121.8. Transfer of creditable service to Article 8 or 13 Fund. (a) Any city officer as defined in Section 8-243.2 of this Code, and any sanitary district commissioner elected by vote of the people who is a participant in…

(40 ILCS 5/9-121.9) (from Ch. 108 1/2, par. 9-121.9) Sec. 9-121.9. 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 5/9-122) (from Ch. 108 1/2, par. 9-122) Sec. 9-122. Time of fixing annuities-Waiver. No annuity or disability benefit shall be fixed, granted, or paid under this Article before the effective date. Any employee annuitant or widow annuitant may execute a waiver of his or h…

(40 ILCS 5/9-123) (from Ch. 108 1/2, par. 9-123) Sec. 9-123. Prior service annuities-When due. A "Prior Service Annuity" shall be credited to present employees in accordance with "The 1925 Act" for service rendered prior to the effective date. Each such credit shall be improved b…

(40 ILCS 5/9-124) (from Ch. 108 1/2, par. 9-124) Sec. 9-124. Age and service annuity. An "Age and Service Annuity" shall be credited employees for contributing service rendered after the effective date. (Source: Laws 1963, p. 161.)

(40 ILCS 5/9-125) (from Ch. 108 1/2, par. 9-125) Sec. 9-125. 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…