40 ILCS 5/9-128.1
2021 Illinois Compiled Statutes|Chapter 40 - PENSIONS|40 ILCS 5/ - Illinois Pension Code.|Article 9 - County Employees' and Officers' Annuity and Benefit Fund - Counties Over 3,000,000 Inhabitants

 (from Ch. 108 1/2, par. 9-128.1)Sec. 9-128.1.     Annuities for members of the County Police Department.(a) In lieu of the regular or minimum annuity or annuities for any deputy  sheriff who is a member of a County Police Department, he may, upon withdrawal  from service after not less than 20 years of service in the position of  deputy sheriff as defined below, upon  or after attainment of age 55, receive a total annuity equal to 2% for each  year of service based upon his highest average annual salary for any 4  consecutive years within the last 10 years of service immediately  preceding the date of withdrawal from service, subject to a maximum  annuity equal to 75% of such average annual salary.(b) Any deputy sheriff who withdraws from the service after July 1, 1979,  after having attained age 53 in the service with 23 or more years of service  credit shall be entitled to an annuity computed as follows if such annuity  is greater than that provided in the foregoing paragraphs of this Section  9-128.1:  An annuity equal to 50% of the average salary for the 4 highest  consecutive years of the last 10 years of service plus additional annuity  equal to 2% of such average salary for each completed year of service or  fraction thereof rendered after his attainment of age 53 and the completion  of 23 years of service, plus an additional annuity equal to 1% of such  average salary for each completed year of service or fraction thereof in  excess of 23 years up to age 53.(c) Any deputy sheriff who withdraws from the service after December 31,  1987 with 20 or more years of service credit, shall be entitled, upon  attainment of age 50, to an annuity computed as follows if such annuity is  greater than that provided in the foregoing paragraphs of this Section  9-128.1: An annuity equal to 50% of the average salary for the 4 highest  consecutive years of the last 10 years of service, plus additional annuity  equal to 2% of such average salary for each completed year of service or  fraction thereof in excess of 20 years.(d) A deputy sheriff who reaches compulsory retirement age and who has less  than 23 years of service shall be entitled to a minimum annuity equal to  an amount determined by the product of (1) his years of service and (2)  2% of his average salary for the 4 consecutive highest years of salary within  the last 10 years of service immediately prior to his reaching compulsory  retirement age.(e) Any deputy sheriff who retires after January 1, 1984 and elects to  receive an annuity under this Section, and who has credits under this  Article for service not as a deputy sheriff, shall be entitled to receive,  in addition to the amount of annuity otherwise provided under this Section,  an additional amount of annuity provided from the totals accumulated to his  credit for prior service and age and service annuities for such service not  as a deputy sheriff.(f) The term "deputy sheriff" means an employee charged with the duty of  law enforcement as a deputy sheriff as specified in Section 1 of "An Act  in relation to County Police Departments in certain Counties, creating a  County Police Department Merit Board and defining its powers and  duties", approved August 5, 1963, who rendered service in such position  before and after such date.The terms "deputy sheriff" and "member of a County Police Department"  shall also include an elected sheriff of the county who has elected to become  a contributor and who has submitted to the board his written election to  be included within the provisions of this Section.  With respect to any  such sheriff, service as the elected sheriff of the county shall be deemed  to be service in the position of deputy sheriff for the purposes of this  Section provided that the employee contributions therefor are made at the  rate prescribed for members of the County Police Department.  A sheriff  electing to be included under this Section may also elect to have his service  as sheriff of the county before the date of such election included as service  as a deputy sheriff for the purposes of this Section, by making an additional  contribution for each year of such service, equal to the difference between  the amount he would have contributed to the Fund during such year had he  been contributing at the rate then in effect for members of the County Police  Department and the amount actually contributed, plus interest thereon at  the rate of 6% per annum from the end of such year to the date of payment.(g) In no case shall an annual annuity provided in this Section 9-128.1  exceed 80% of the average annual salary for any 4 consecutive years within  the last 10 years of service immediately preceding the date of withdrawal from  service.A deputy sheriff may in addition, be entitled to the benefits provided by  Section 9-133 or 9-133.1 if he so qualifies under such Sections.(h) A deputy sheriff may elect, between January 1 and January 15, 1983, to  transfer his creditable service as a member of the State Employees' Retirement  System of Illinois to any Fund established under this Article of which he  is a member, and such transferred creditable service shall be included as  service for the purpose of calculating his benefits under this Article to  the extent that the payment specified in Section 14-105.3 has been received  by such Fund.(i) An active deputy sheriff who has at least 15 years of service  credit in that capacity may elect to have any or all of his credits under  this Article for service not as a deputy sheriff deemed to be credits for  service as a deputy sheriff, by filing a written election with the Board,  accompanied by payment of an amount to be determined by the Board, equal to  (1) the difference between the amount of employee contributions actually  contributed by the applicant for such service not as a deputy sheriff, and  the amounts that would have been contributed had such contributions been  made at the rates applicable to service as a deputy sheriff, plus (2)  interest thereon at the rate of 3% per annum, compounded annually, from the  date of service to the date of payment.(j) Beginning on the effective date of this amendatory Act of 1996, the  terms "deputy sheriff" and "member of a County Police Department" shall also  include any chief of the County Police Department or undersheriff of the  County Sheriff's Department who has submitted to the board his or her written  election to be included within the provisions of this Section.  With respect to  any such police chief or undersheriff, service as a chief of the County Police  Department or an undersheriff of the County Sheriff's Department shall be  deemed to be service in the position of deputy sheriff for the purposes of this  Section, provided that the employee contributions therefor are made at the rate  prescribed for members of the County Police Department.A chief of the County Police Department or undersheriff of the County  Sheriff's Department electing to be  included under this Section may also elect to have his or her service as chief  of the County Police Department or undersheriff of the County Sheriff's  Department before the date of the election included as service as a deputy  sheriff for the purposes of this Section, by making an additional contribution  for each year of such service, equal to the difference between the amount that  he or she would have contributed to the Fund during that year at the rate then  in effect for members of the County Police Department and the amount actually  contributed, plus interest thereon at the rate of 6% per year, compounded  annually, from the end of that year to the date of payment.A chief of the County Police Department or undersheriff of the County  Sheriff's Department who has elected to be included within the provisions of  this Section may transfer to this Fund credits and creditable service  accumulated under any pension fund or retirement system established under  Article 3, 7, 8, 14, or 15, upon payment to the Fund of (1) the amount by which  the employee contributions that would have been required if he or she had  participated in this Fund during the period for which credit is being  transferred, plus interest, plus an equal amount for employer  contributions, exceeds the amounts actually transferred from that other fund or  system to this Fund, plus (2) interest thereon at 6% per year, compounded  annually, from the date of transfer to the date of payment.A chief of the County Police Department or undersheriff of the County  Sheriff's Department may purchase credits and creditable service for up to 2  years of public employment rendered to an out-of-state public agency.  Payment  for that service shall be at the applicable rates in effect for employee and  employer contributions during the period for which credit is being purchased,  plus interest at the rate of 6% per year, compounded annually, from the date of  service until the date of payment.    (Source: P.A. 89-643, eff. 8-9-96.)