Chapter 40 — PENSIONS

(40 ILCS 5/17-110) (from Ch. 108 1/2, par. 17-110) Sec. 17-110. Pension period. "Pension period": All time during which service is creditable for pension purposes pursuant to this Article. (Source: Laws 1963, p. 161.)

(40 ILCS 5/17-111) (from Ch. 108 1/2, par. 17-111) Sec. 17-111. Reversionary pension. "Reversionary pension": A pension computed on an actuarially equated basis and payable to a contributor's beneficiary designated under a prescribed option before retirement, commencing upon the …

(40 ILCS 5/17-111.1) (from Ch. 108 1/2, par. 17-111.1) Sec. 17-111.1. Gender. Whenever used in this Act, the masculine gender shall be understood to include the feminine gender. (Source: P.A. 78-1129.)

(40 ILCS 5/17-112) (from Ch. 108 1/2, par. 17-112) Sec. 17-112. Supplementary payment. "Supplementary payment": The payment from the retired teachers' supplementary payment fund necessary to increase a retired teacher's service or disability retirement pension to the amount provi…

(40 ILCS 5/17-113) (from Ch. 108 1/2, par. 17-113) Sec. 17-113. Validated service. "Validated service": Service accredited for pension purposes under this Article. (Source: Laws 1963, p. 161.)

(40 ILCS 5/17-114) (from Ch. 108 1/2, par. 17-114) Sec. 17-114. Computation of service. (a) When computing days of validated service, contributors shall receive the greater of: (1) one day of service credit for each day for which they are paid salary representing a partial or a f…

(40 ILCS 5/17-114.1) (from Ch. 108 1/2, par. 17-114.1) Sec. 17-114.1. (a) Any active member of the General Assembly Retirement System may apply for transfer of his credits and creditable service accumulated under this Fund to the General Assembly System. Such credits and creditab…

(40 ILCS 5/17-114.2) (from Ch. 108 1/2, par. 17-114.2) Sec. 17-114.2. Transfer of creditable service to Article 8, 9 or 13 Fund. (a) Any city officer as defined in Section 8-243.2 of this Code, any county officer elected by vote of the people who is a participant in the pension f…

(40 ILCS 5/17-114.3) (from Ch. 108 1/2, par. 17-114.3) Sec. 17-114.3. (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…

(40 ILCS 5/17-115) (from Ch. 108 1/2, par. 17-115) Sec. 17-115. Eligibility for service retirement pension. (a) The Board shall find a contributor eligible for service retirement pension when he has: (1) Left the employment of an Employer after completing 5 or more years of servi…

(40 ILCS 5/17-116) (from Ch. 108 1/2, par. 17-116) Sec. 17-116. Service retirement pension. (a) Each teacher having 20 years of service upon attainment of age 55, or who thereafter attains age 55 shall be entitled to a service retirement pension upon or after attainment of age 55…

(40 ILCS 5/17-116.1) Sec. 17-116.1. (Repealed). (Source: P.A. 94-4, eff. 6-1-05. Repealed by P.A. 101-352, eff. 8-9-19.)

(40 ILCS 5/17-116.3) Sec. 17-116.3. (Repealed). (Source: P.A. 92-416, eff. 8-17-01. Repealed by P.A. 101-352, eff. 8-9-19.)

(40 ILCS 5/17-116.4) Sec. 17-116.4. (Repealed). (Source: P.A. 92-416, eff. 8-17-01. Repealed by P.A. 101-352, eff. 8-9-19.)

(40 ILCS 5/17-116.5) Sec. 17-116.5. (Repealed). (Source: P.A. 88-511. Repealed by P.A. 101-352, eff. 8-9-19.)

(40 ILCS 5/17-116.6) Sec. 17-116.6. (Repealed). (Source: P.A. 90-655, eff. 7-30-98. Repealed by P.A. 101-352, eff. 8-9-19.)

(40 ILCS 5/17-117) (from Ch. 108 1/2, par. 17-117) Sec. 17-117. Disability retirement pension. (a) The conditions prescribed in items 1 and 2 in Section 17-116 for computing service retirement pensions shall apply in the computation of disability retirement pensions. (1) Each tea…

(40 ILCS 5/17-117.1) (from Ch. 108 1/2, par. 17-117.1) Sec. 17-117.1. Duty disability. A teacher who becomes wholly and presumably permanently incapacitated for duty while under age 65 as the proximate result of injuries sustained or a hazardous condition encountered in the perfo…

(40 ILCS 5/17-118) (from Ch. 108 1/2, par. 17-118) Sec. 17-118. Disability pension administration. A disability pensioner may be required to submit to an examination periodically by a physician or physicians appointed by the Board. The purpose of the examination is to establish w…

(40 ILCS 5/17-119) (from Ch. 108 1/2, par. 17-119) Sec. 17-119. Automatic annual increase in pension. Each teacher retiring on or after September 1, 1959, is entitled to the annual increase in pension, defined herein, while he is receiving a pension from the Fund. 1. The term "ba…

(40 ILCS 5/17-119.1) Sec. 17-119.1. Optional increase in retirement annuity. (a) A member of the Fund may qualify for the augmented rate under subdivision (b)(3) of Section 17-116 for all years of creditable service earned before July 1, 1998 by making the optional contribution s…

(40 ILCS 5/17-120) (from Ch. 108 1/2, par. 17-120) Sec. 17-120. Reversionary pension. Any contributor, at any time prior to retirement on a service retirement pension, may exercise an option of taking a lesser amount of service retirement pension and providing with the remainder …

(40 ILCS 5/17-121) (from Ch. 108 1/2, par. 17-121) Sec. 17-121. Survivor's pensions - Eligibility. (a) A surviving spouse of a teacher shall be entitled to a survivor's pension only if the surviving spouse was married to the teacher for at least one year immediately prior to the …

(40 ILCS 5/17-122) (from Ch. 108 1/2, par. 17-122) Sec. 17-122. Survivor's and children's pensions - Amount. Upon the death of a teacher who has completed at least 1 1/2 years of contributing service with either this Fund or the State Universities Retirement System or the Teacher…

(40 ILCS 5/17-123) (from Ch. 108 1/2, par. 17-123) Sec. 17-123. Death benefits - Death in service. If a teacher dies (a) in service, (b) after resignation or (c) after retirement but before receiving any pension payment, his or her estate shall be paid a refund of the amounts he …

(40 ILCS 5/17-124) (from Ch. 108 1/2, par. 17-124) Sec. 17-124. Death Benefits - Death on pension. On written application to the Board, there shall be paid to the estate of a deceased teacher-pensioner pension payments, accrued, temporarily withheld or represented by checks uncas…

(40 ILCS 5/17-125) (from Ch. 108 1/2, par. 17-125) Sec. 17-125. Refund of contributions. Upon certification by the Employer of a member's resignation or termination prior to completion of the minimum term of service required to establish eligibility for a pension and on written a…

(40 ILCS 5/17-126) (from Ch. 108 1/2, par. 17-126) Sec. 17-126. Repayment of refund. If any person who has received a refund is reemployed by an Employer and again becomes a contributor for a period of at least 2 years, or has established credit of at least 2 years of service sub…

(40 ILCS 5/17-127) (from Ch. 108 1/2, par. 17-127) Sec. 17-127. Financing; revenues for the Fund. (a) The revenues for the Fund shall consist of: (1) amounts paid into the Fund by contributors thereto and from employer contributions and State appropriations in accordance with thi…

(40 ILCS 5/17-127.1) (from Ch. 108 1/2, par. 17-127.1) Sec. 17-127.1. Special revenues. Donations, gifts, and legacies received by the fund shall be held and accounted for as the Board so provides by appropriate resolution. Nothing in this Article shall be so construed as to prev…

(40 ILCS 5/17-127.2) Sec. 17-127.2. Additional contributions by employer of teachers. Beginning July 1, 1998, the employer of a teacher shall pay to the Fund an employer contribution computed as follows: (1) Beginning July 1, 1998 through June 30, 1999, the employer contribution …

(40 ILCS 5/17-128) (from Ch. 108 1/2, par. 17-128) Sec. 17-128. (Repealed). (Source: Repealed by P.A. 89-15, eff. 5-30-95.)

(40 ILCS 5/17-129) (from Ch. 108 1/2, par. 17-129) Sec. 17-129. Employer contributions; deficiency in Fund. (a) If in any fiscal year of the Board of Education ending prior to 1997 the total amounts paid to the Fund from the Board of Education (other than under this subsection, a…

(40 ILCS 5/17-130) (from Ch. 108 1/2, par. 17-130) Sec. 17-130. Participants' contributions by payroll deductions. (a) There shall be deducted from the salary of each teacher 7.50% of his salary for service or disability retirement pension and 0.5% of salary for the annual increa…

(40 ILCS 5/17-130.1) (from Ch. 108 1/2, par. 17-130.1) Sec. 17-130.1. Employer contributions on behalf of employees. An Employer and the Board may make and may incur an obligation to make contributions on behalf of its employees in an amount not to exceed the employee contributio…

(40 ILCS 5/17-130.2) Sec. 17-130.2. Pickup of optional contributions. (a) For the purposes of this Section, "optional contributions" means contributions that a member elects to make in order to qualify for the augmented service retirement pension rate under Section 17-119.1. (b) …

(40 ILCS 5/17-130.3) Sec. 17-130.3. Election of medicare coverage. (a) The Fund shall conduct a divided medicare coverage referendum, open to teachers continuously employed by the same employer since March 31, 1986. The referendum shall be conducted in accordance with the applica…

(40 ILCS 5/17-131) (from Ch. 108 1/2, par. 17-131) Sec. 17-131. Administration of payroll deductions. (a) An Employer or the Board shall make pension deductions in each pay period on the basis of the salary earned in that period, exclusive of salaries for overtime, extracurricula…

(40 ILCS 5/17-132) (from Ch. 108 1/2, par. 17-132) Sec. 17-132. Payments and certification of salary deductions. (a) An Employer shall cause the Fund to receive all members' payroll records and pension contributions within 30 calendar days after each predesignated payday. For pur…

(40 ILCS 5/17-133) (from Ch. 108 1/2, par. 17-133) Sec. 17-133. Contributions for periods of outside and other service. Regularly certified and appointed teachers who desire to have the following described services credited for pension purposes shall submit to the Board evidence …

(40 ILCS 5/17-134) (from Ch. 108 1/2, par. 17-134) (Text of Section WITH the changes made by P.A. 98-599, which has been held unconstitutional) Sec. 17-134. Contributions for leaves of absence; military service; computing service. In computing service for pension purposes the fol…

(40 ILCS 5/17-134.1) Sec. 17-134.1. Labor organization employees. (a) A former teacher who is employed by a teacher or labor organization and is not eligible to participate under subdivision (4) of Section 17-134 because he or she is not on a special leave of absence may elect to…

(40 ILCS 5/17-134.2) Sec. 17-134.2. Employee of a contract school. Any educational staff of a contract school operating pursuant to an agreement with the Board of Education who is employed in a position requiring certification or licensure under the School Code on or after the ef…

(40 ILCS 5/17-135) (from Ch. 108 1/2, par. 17-135) Sec. 17-135. Contributions for other service credits. On payment at the rates prescribed herein on the date of appointment or employment as teachers, or as such rates are adjusted by the Board of Education, but not less than $450…

(40 ILCS 5/17-136) (from Ch. 108 1/2, par. 17-136) Sec. 17-136. Computation of aggregate contributions by teachers. The aggregate sum required to be contributed by any person otherwise entitled to a pension under this Article shall be computed as follows: 1. For service as a teac…

(40 ILCS 5/17-137) (from Ch. 108 1/2, par. 17-137) Sec. 17-137. Board created. There shall be elected a Board of Trustees, herein also referred to as the "Board", to administer and control the Fund created by this Article. The Board shall consist of 12 members, 2 of whom shall be…

(40 ILCS 5/17-138) (from Ch. 108 1/2, par. 17-138) Sec. 17-138. Board membership. At the first meeting of the Board of Education in November of each year, the Board of Education shall appoint one of its members to serve, while a member of the Board of Education, on the Board of T…

(40 ILCS 5/17-139) (from Ch. 108 1/2, par. 17-139) Sec. 17-139. Board elections and vacancies. (1) Contributors other than administrators election. Every member who is not an administrator may vote at the election for as many persons as there are trustees to be elected by the con…

(40 ILCS 5/17-140) (from Ch. 108 1/2, par. 17-140) Sec. 17-140. Board officers. The president, recording secretary and other officers of the Board shall be elected by and from the members of the Board at the first meeting of the Board after the election of trustees. In case any o…

(40 ILCS 5/17-141) (from Ch. 108 1/2, par. 17-141) Sec. 17-141. Board's powers and duties. The Board shall have the powers and duties stated in Sections 17-142 to 17-146, inclusive, in addition to the other powers and duties provided in this Article. (Source: P.A. 90-566, eff. 1-…