Chapter 40 — PENSIONS

(40 ILCS 5/12-163) (from Ch. 108 1/2, par. 12-163) Sec. 12-163. To see that duties of employer are performed. To see that all the other duties under this Article of each employer are being performed, and in the event that an employer fails to perform any duties imposed on said em…

(40 ILCS 5/12-164) (from Ch. 108 1/2, par. 12-164) Sec. 12-164. To appoint custodian. To appoint annually a custodian of the fund; and to deposit all moneys received or accruing to the fund with the custodian. (Source: Laws 1963, p. 161.)

(40 ILCS 5/12-165) (from Ch. 108 1/2, par. 12-165) Sec. 12-165. To manage fund. To have exclusive control and management of all moneys, securities and other property of said fund; and to defray the total cost of administration of this Article by means of the tax levy authority pr…

(40 ILCS 5/12-166) (from Ch. 108 1/2, par. 12-166) Sec. 12-166. To invest money. To invest and reinvest the moneys of the fund subject to the requirements and restrictions set forth in this Article and in Sections 1-109, 1-109.1, 1-109.2, 1-110, 1-111, 1-114, and 1-115. No invest…

(40 ILCS 5/12-166.1) (from Ch. 108 1/2, par. 12-166.1) Sec. 12-166.1. Participation in commingled investment funds-Transfer of investment functions and securities. (a) The retirement board may invest in any commingled investment fund or funds established and maintained by the Ill…

(40 ILCS 5/12-166.2) (from Ch. 108 1/2, par. 12-166.2) Sec. 12-166.2. To lend securities. The Board may lend securities owned by the Fund to a borrower upon such terms and conditions as may be mutually agreed in writing. The agreement shall provide that during the period of the l…

(40 ILCS 5/12-167) (from Ch. 108 1/2, par. 12-167) Sec. 12-167. To keep records, books and prepare reports. To keep a record of all its proceedings which shall be open to inspection by the public; to keep such books and records as are necessary for the transaction of its business…

(40 ILCS 5/12-168) (from Ch. 108 1/2, par. 12-168) Sec. 12-168. To have an audit. To have an annual audit of the books, records and reserves of the fund as of the last day of each fiscal year, by a certified public accountant. A copy of the report of such audit shall be filed wit…

(40 ILCS 5/12-169) (from Ch. 108 1/2, par. 12-169) Sec. 12-169. To appoint employees. To appoint such actuarial, legal, medical, clerical and other employees as may be necessary in the administration of the fund and fix their compensation. One or more actuaries shall be employed …

(40 ILCS 5/12-170) (from Ch. 108 1/2, par. 12-170) Sec. 12-170. Custodian of fund. All payments from the fund shall be made by the custodian of the fund only, and only upon warrant of or voucher signed by the president or vice-president of the board and countersigned by the secre…

(40 ILCS 5/12-171) (from Ch. 108 1/2, par. 12-171) Sec. 12-171. Money which may be held on deposit. The board may keep as an available sum for the purpose of making payments for annuities and other benefits, such an amount as shall be estimated by the board as being necessary to …

(40 ILCS 5/12-171.1) (from Ch. 108 1/2, par. 12-171.1) Sec. 12-171.1. Records. The board shall maintain adequate accounting records that reflect the financial condition of the fund, and such additional data as are necessary for required calculations, actuarial valuations, and ope…

(40 ILCS 5/12-177) (from Ch. 108 1/2, par. 12-177) Sec. 12-177. Employee accounts. The amounts contributed by employees for service annuity and spouse's service annuity shall be credited to this account; also all amounts contributed by the employer in lieu of deductions from sala…

(40 ILCS 5/12-183) (from Ch. 108 1/2, par. 12-183) Sec. 12-183. Annual actuarial valuation. An actuarial valuation shall be made annually of the liabilities and reserves for present and prospective annuities and benefits, and beginning January 1, 2013 a general investigation shal…

(40 ILCS 5/12-185) (from Ch. 108 1/2, par. 12-185) Sec. 12-185. Duties of employer. It shall be the duty of each employer hereunder to: (a) notify each person to whom this Article shall apply before employing him of his duties and obligations under this Article as a condition of …

(40 ILCS 5/12-186) (from Ch. 108 1/2, par. 12-186) Sec. 12-186. No commissions or compensation. No member of the board, nor any one connected with the board, shall have any interest, direct or indirect, in the gains or profits of any investment made by such board, nor as such, di…

(40 ILCS 5/12-187) (from Ch. 108 1/2, par. 12-187) Sec. 12-187. Condition of employment. Any person included as an employee as defined in this Article, or any person who shall hereafter be included as an employee, shall by such employment accept the provisions of this Article and…

(40 ILCS 5/12-188) (from Ch. 108 1/2, par. 12-188) Sec. 12-188. Employees under legal disabilities. In the event that an employee is adjudicated to be a person under legal disability by a court having jurisdiction to so determine and a guardian is appointed by a court having juri…

(40 ILCS 5/12-189) (from Ch. 108 1/2, par. 12-189) Sec. 12-189. Retirement Systems Reciprocal Act. The "Retirement Systems Reciprocal Act", being Article 20 of this Code, as now enacted or hereafter amended, is hereby adopted and made a part of this Article. Where there is a dire…

(40 ILCS 5/12-190) (from Ch. 108 1/2, par. 12-190) Sec. 12-190. Annuities etc. Exempt. (a) All pensions, annuities, refunds or disability benefits granted under this Article, and every portion thereof, are exempt from any State or municipal tax, and exempt from attachment or garn…

(40 ILCS 5/12-190.1) (from Ch. 108 1/5, par. 12-190.1) Sec. 12-190.1. Payment of an annuity other than direct. The board, at the written direction and request of any annuitant, may, solely as an accommodation to the annuitant, pay the amounts due the annuitant to a bank, savings …

(40 ILCS 5/12-190.2) (from Ch. 108 1/2, par. 12-190.2) Sec. 12-190.2. Overpayment; deduction. The amount of any overpayment, of any pension or benefit granted under this Article, due to fraud, misrepresentation or error, may be deducted from future payments or refunds made to the…

(40 ILCS 5/12-190.3) (from Ch. 108 1/2, par. 12-190.3) Sec. 12-190.3. Fraud. Any person who knowingly makes any false statement or falsifies or permits to be falsified any record of this Fund in any attempt to defraud the Fund is guilty of a Class A misdemeanor. None of the benef…

(40 ILCS 5/12-191) (from Ch. 108 1/2, par. 12-191) Sec. 12-191. 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 an employee. None of …

(40 ILCS 5/12-192) (from Ch. 108 1/2, par. 12-192) Sec. 12-192. 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 …

(40 ILCS 5/12-193) (from Ch. 108 1/2, par. 12-193) Sec. 12-193. 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 196…

(40 ILCS 5/12-194) (from Ch. 108 1/2, par. 12-194) Sec. 12-194. Effective Date of Certain Provisions. The changes made by this amendatory Act of 1989 pertaining to the date of fixation of annuities and the period of time for which disability benefits are payable shall be effectiv…

(40 ILCS 5/12-195) Sec. 12-195. Application and expiration of new benefit increases. (a) As used in this Section, "new benefit increase" means an increase in the amount of any benefit provided under this Article, or an expansion of the conditions of eligibility for any benefit un…

(40 ILCS 5/13-101) (from Ch. 108 1/2, par. 13-101) Sec. 13-101. Creation of Fund. In each sanitary district organized under the Metropolitan Water Reclamation District Act, a Sanitary District Employees' and Trustees' Annuity and Benefit Fund shall be created, set apart, maintain…

(40 ILCS 5/13-102) (from Ch. 108 1/2, par. 13-102) Sec. 13-102. Amendatory Act of 1991. This amendatory Act of 1991 is intended to clarify and restate the provisions of this Article 13 and to make certain substantive changes. This amendatory Act shall not be applied to deprive an…

(40 ILCS 5/13-201) (from Ch. 108 1/2, par. 13-201) Sec. 13-201. Terms defined. The terms used in this Article shall have the meanings ascribed to them in this Part II, except when the context otherwise indicates. (Source: P.A. 87-794.)

(40 ILCS 5/13-202) (from Ch. 108 1/2, par. 13-202) Sec. 13-202. "Fund": The Metropolitan Water Reclamation District Retirement Fund, formerly known as the "Sanitary District Employees' and Trustees' Annuity and Benefit Fund" which was heretofore created for the benefit of the emp…

(40 ILCS 5/13-203) (from Ch. 108 1/2, par. 13-203) Sec. 13-203. "Employer": The Metropolitan Water Reclamation District of Greater Chicago, a unit of local government organized pursuant to the provisions of the Metropolitan Water Reclamation District Act, hereinafter sometimes re…

(40 ILCS 5/13-204) (from Ch. 108 1/2, par. 13-204) Sec. 13-204. "Employee": (a) Any employee of the Water Reclamation District appointed to the classified civil service under the Metropolitan Water Reclamation District Act or any employee exempt from civil service under that Act,…

(40 ILCS 5/13-205) (from Ch. 108 1/2, par. 13-205) Sec. 13-205. "Retirement Board" or "Board": The Board of Trustees of the Metropolitan Water Reclamation District Retirement Fund. (Source: P.A. 87-794.)

(40 ILCS 5/13-206) (from Ch. 108 1/2, par. 13-206) Sec. 13-206. "Service": Any employment for the District or the Board, excluding overtime or extra service for which an employee is entitled to receive salary. (Source: P.A. 87-794.)

(40 ILCS 5/13-207) (from Ch. 108 1/2, par. 13-207) Sec. 13-207. "Salary": The salary paid to an employee for service to the District or to the Board, including salary paid for vacation and sick leave and any amounts deferred under a deferred compensation plan established under th…

(40 ILCS 5/13-208) (from Ch. 108 1/2, par. 13-208) Sec. 13-208. "Average final salary": The highest average monthly salary as calculated by accumulating the salary for the highest 520 consecutive paid days of service within the last 10 years of service immediately preceding the d…

(40 ILCS 5/13-209) (from Ch. 108 1/2, par. 13-209) Sec. 13-209. "Disability": A physical or mental incapacity of an employee to perform assigned duties. (Source: P.A. 87-794.)

(40 ILCS 5/13-209.5) Sec. 13-209.5. Licensed health care professional. "Licensed health care professional" means any individual who has obtained a license through the Department of Financial and Professional Regulation under the Medical Practice Act of 1987 or under the Physician…

(40 ILCS 5/13-210) (from Ch. 108 1/2, par. 13-210) Sec. 13-210. "Withdraw" or "withdrawal": Discharge, termination or resignation of an employee. (Source: P.A. 87-794.)

(40 ILCS 5/13-211) (from Ch. 108 1/2, par. 13-211) Sec. 13-211. "Assets": The total value of cash, securities and other property held. Bonds shall be held at their amortized book values. Other investments shall be carried at book value in accordance with accounting procedures app…

(40 ILCS 5/13-212) (from Ch. 108 1/2, par. 13-212) Sec. 13-212. "Age": Age at last birthday preceding the date on which ascertainment of age is necessary to any computation under this Article. (Source: P.A. 87-794.)

(40 ILCS 5/13-213) (from Ch. 108 1/2, par. 13-213) Sec. 13-213. "Contributions": Any moneys paid or payable to the Fund by the District or by any employee, or any salary deduction hereunder. (Source: P.A. 92-53, eff. 7-12-01.)

(40 ILCS 5/13-214) (from Ch. 108 1/2, par. 13-214) Sec. 13-214. "Accumulated employee contributions": The amounts, including interest credited thereon, contributed by the employee for retirement and surviving spouse's annuity to the date of the employee's withdrawal or death. (So…

(40 ILCS 5/13-215) (from Ch. 108 1/2, par. 13-215) Sec. 13-215. "Retirement annuity": A benefit payable as an annuity for service as an employee. The annuity shall be payable in equal monthly installments for life, except as otherwise provided in this Article, beginning in the mo…

(40 ILCS 5/13-216) (from Ch. 108 1/2, par. 13-216) Sec. 13-216. "Surviving spouse's annuity": The amount payable as a surviving spouse annuity commencing on the date of the employee's or retiree's death. The annuity shall be payable in equal monthly installments for life, except …

(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 r…

(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…

(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 …