Chapter 40, PENSIONS

(40 ILCS 5/7-212) (from Ch. 108 1/2, par. 7-212) Sec. 7-212. Executive director. The executive director shall be in charge of the general administration of the fund. He shall have such special powers and duties as may be properly delegated or assigned by the board from time to ti…

(40 ILCS 5/7-213) (from Ch. 108 1/2, par. 7-213) Sec. 7-213. Actuary. The actuary shall be the technical advisor of the board and in addition to general advice shall specifically be responsible for and shall: 1. Make a general investigation, at least once every 3 years, of the ex…

(40 ILCS 5/7-214) (from Ch. 108 1/2, par. 7-214) Sec. 7-214. Custodian. The Board shall appoint one or more custodians to receive and hold the assets of the Fund on such terms as the Board may agree. (Source: P.A. 99-8, eff. 7-9-15.)

(40 ILCS 5/7-215) (from Ch. 108 1/2, par. 7-215) Sec. 7-215. 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. The additional cost of ann…

(40 ILCS 5/7-217) (from Ch. 108 1/2, par. 7-217) Sec. 7-217. Payment of benefits and assignments. (a) Except as otherwise provided in this Section, all moneys in the Fund created by this Article, and all securities and other property of the Fund, and all annuities and other benef…

(40 ILCS 5/7-218) (from Ch. 108 1/2, par. 7-218) Sec. 7-218. Compulsory retirement. No provision of this Article shall operate to cause compulsory retirement of any employee, nor to give any employee any specific right to remain in service. Separations and retirements from the se…

(40 ILCS 5/7-219) (from Ch. 108 1/2, par. 7-219) Sec. 7-219. 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 the…

(40 ILCS 5/7-220) (from Ch. 108 1/2, par. 7-220) Sec. 7-220. 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 revi…

(40 ILCS 5/7-221) (from Ch. 108 1/2, par. 7-221) Sec. 7-221. 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 5/7-222) (from Ch. 108 1/2, par. 7-222) Sec. 7-222. Reduction of disability and survivor's benefits on account of corresponding benefits payable under the Workers' Compensation Act and the Workers' Occupational Diseases Act. Whenever any person is entitled to a disabilit…

(40 ILCS 5/7-223) (from Ch. 108 1/2, par. 7-223) Sec. 7-223. The amendments to Sections 7-137, 7-146, 7-147, 7-150 and 7-151 of this Article (relating to attainment of age 70) made by this amendatory Act of 1989 shall be retroactive to January 1, 1987. (Source: P.A. 86-272.)…

(40 ILCS 5/7-224) Sec. 7-224. Section 415 limitations. Notwithstanding any other provisions of this Article, the combined benefits and contributions provided to any participating employee by all plans of any participating municipality and its instrumentalities and any participati…

(40 ILCS 5/7-225) Sec. 7-225. Increases in earnings; pension impact statement. Before increasing the earnings of an officer, executive, or manager by 12% or more: (1) the authorities of the respective employer who are authorizing the increase must contact the Illinois Municipal R…

(40 ILCS 5/8-101) (from Ch. 108 1/2, par. 8-101) Sec. 8-101. Creation of fund. In each city of more than 500,000 inhabitants a Municipal Employees', Officers', and Officials' Annuity and Benefit Fund shall be created, set apart, maintained and administered, in the manner prescrib…

(40 ILCS 5/8-102) (from Ch. 108 1/2, par. 8-102) Sec. 8-102. Terms defined. The terms used in this Article have the meanings ascribed to them in Sections 8-103 to 8-125, inclusive, except when the context otherwise requires. (Source: Laws 1963, p. 161.)

(40 ILCS 5/8-103) (from Ch. 108 1/2, par. 8-103) Sec. 8-103. Fund. "Fund": The Municipal Employees', Officers', and Officials' Annuity and Benefit Fund herein created. (Source: Laws 1963, p. 161.)

(40 ILCS 5/8-104) (from Ch. 108 1/2, par. 8-104) Sec. 8-104. The 1921 Act. "The 1921 Act": "An Act to provide for the creation, setting apart, maintenance and administration of a municipal employees', officers', and officials' annuity and benefit fund in cities having a populatio…

(40 ILCS 5/8-105) (from Ch. 108 1/2, par. 8-105) Sec. 8-105. Court and Law Department Employees' Annuity Act. "Court and Law Department Employees' Annuity Act": "An Act to provide for the creation, setting apart, maintenance and administration of a Municipal Court and Law Departm…

(40 ILCS 5/8-106) (from Ch. 108 1/2, par. 8-106) Sec. 8-106. Board of Election Commissioners Employees' Annuity Act. "Board of Election Commissioners Employees' Annuity Act": "An Act to provide for the creation, setting apart, maintenance and administration of a Board of Election…

(40 ILCS 5/8-107) (from Ch. 108 1/2, par. 8-107) Sec. 8-107. Public School Employees' Pension Act of 1903. "Public School Employees' Pension Act of 1903": "An Act to provide for the formation and disbursement of a public school employees' pension fund in cities having a populatio…

(40 ILCS 5/8-107.1) (from Ch. 108 1/2, par. 8-107.1) Sec. 8-107.1. Public Library Employes' Pension Act. "Public Library Employes' Pension Act": "An Act to provide for the formation and disbursement of a public library employes' pension fund in cities having a population exceedin…

(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 …