40 ILCS 5/11-217
2021 Illinois Compiled Statutes|Chapter 40 - PENSIONS|40 ILCS 5/ - Illinois Pension Code.|Article 11 - Laborers' And Retirement Board Employees' Annuity And Benefit Fund--Cities Over 500,000 Inhabitants

 (from Ch. 108 1/2, par. 11-217)Sec. 11-217. Basis of annual salary. For the purpose of this Article,  the annual salary of an employee whose salary or wage is  appropriated, fixed, or arranged in the annual appropriation ordinance upon  other than an annual basis shall be determined as follows:(a) If the employee is paid on a monthly basis, the annual salary  is 12 times the monthly salary. If  the employee is paid on a weekly basis, the annual salary is 52 times  the weekly salary."Monthly salary" means the amount of compensation or salary  appropriated and payable for a normal and regular month's work in the  employee's position in the service.  "Weekly salary" means  the amount of compensation or salary appropriated and payable  for a normal and regular week's work in the employee's position in the  service.  If the work is on a regularly scheduled part time basis, then "monthly salary" and "weekly salary" refer,  respectively, to the part time monthly or weekly salary.If the appropriation for the position is for a shorter period than 12  months a year, or 52 weeks a year if on a weekly basis, or the employee is  in a class, grade, or category in which the employee normally works for fewer than 12  months or 52 weeks a year, then the basis shall be adjusted  downward to the extent that the appropriated or  customary work period is less than the normal 12 months or 52  weeks of service in a year.Compensation for overtime, at regular or overtime rates, that is paid in  addition to the appropriated regular and normal monthly or weekly salary  shall not be considered.(b) If the employee is paid on a daily basis, the annual salary  is 260 times the daily wage.  If the  employee is paid on an hourly basis, the annual salary is 2080 times  the hourly wage.The norm is based on a 12-month per year, 5-day work week of 8 hours per  day and 40 hours per week, with consideration given only to time  compensated for at the straight time rate of compensation or wage.  The  norm shall be increased (subject to a maximum of 300 days or 2400 hours per  year) or decreased for an employee  to the extent that the normal and established work period, at the  straight time compensation or wage for the position held in the  class, grade, or category in which the employee is assigned, is  for a greater or lesser number of months, weeks, days, or hours than  the period on which the established norm is based."Daily wage" and "hourly wage" mean,  respectively, the normal, regular, or basic straight time rate of  compensation or wage appropriated and payable for a normal and regular  day's work, or hour's work, in the employee's position in the service.Any time worked in excess of the norm (or the increased or decreased  norm, whichever is applicable) that is compensated for at overtime,  premium, or other than regular or basic straight time rates shall not be  considered as time worked, and the compensation for that work shall not  be considered as salary or wage.  Such time and compensation shall in  every case and for all purposes be considered overtime and shall be  excluded for all purposes under this Article.  However, the  straight time portion of compensation or wage, for time worked on holidays  that fall within an employee's established norm, shall be  included for all purposes under this Article.(c) For minimum annuity purposes under Section 11-134, where a  salary rate change occurs during the year, it shall be considered that the  annual salary for that year is (1) the annual  equivalent of the monthly, weekly, daily, or hourly salary or  wage rate that was applicable for the greater number of months,  weeks, days, or hours (whichever is applicable) in  the year under consideration, or (2) the annual equivalent  of the average salary or wage rate in effect for the employee during the  year, whichever is greater.  The average salary or wage rate shall be  calculated by multiplying each salary or wage rate in effect for the  employee during the year by the number of months, weeks, days, or hours  (whichever is applicable) during which that rate was in effect, and  dividing the sum of the resulting products by the total number of months,  weeks, days, or hours (whichever is applicable) worked by the employee  during the year.(d) The changes to subsection (c) made by this amendatory Act of 1997  apply to persons withdrawing from service on or after July 1, 1990 and for each  such person are intended to be retroactive to the date upon which the affected  annuity began.  The Fund shall recompute the affected annuity and shall pay the  additional amount due for the period before the increase resulting from this  amendatory Act in a lump sum, without interest.(e) This Article shall not be construed to authorize a salary paid by an entity other than an employer, as defined in Section 11-107, to be used to calculate the highest average annual salary of a participant. This subsection (e) is a declaration of existing law and shall not be construed as a new enactment. (Source: P.A. 97-651, eff. 1-5-12.)