40 ILCS 5/18-127
2021 Illinois Compiled Statutes|Chapter 40 - PENSIONS|40 ILCS 5/ - Illinois Pension Code.|Article 18 - Judges Retirement System Of Illinois

 (from Ch. 108 1/2, par. 18-127)Sec. 18-127. Retirement annuity - suspension on reemployment.(a) A participant receiving a retirement annuity who is regularly  employed for compensation by an employer other than a county, in any  capacity, shall have his or her retirement annuity payments suspended  during such employment.  Upon termination of such employment, retirement  annuity payments at the previous rate shall be resumed.If such a participant resumes service as a judge, he or she  shall receive credit for any additional service.  Upon subsequent  retirement, his or her retirement annuity shall be the amount previously  granted, plus the amount earned by the additional judicial service under  the provisions in effect during the period of such additional service.  However, if the participant was receiving the maximum rate of annuity at  the time of re-employment, he or she may elect, in a written direction  filed with the board, not to receive any additional service credit during  the period of re-employment.  In such case, contributions shall not be  required during the period of re-employment.  Any such election shall be  irrevocable.(b) Beginning January 1, 1991, any participant receiving a retirement  annuity who accepts temporary employment from an employer other than a  county for a period not exceeding 75 working days in any calendar year  shall not be deemed to be regularly employed for compensation or to have  resumed service as a judge for the purposes of this Article.  A day shall  be considered a working day if the annuitant performs on it any of his  duties under the temporary employment agreement.(c) Except as provided in subsection (a), beginning January 1, 1993,  retirement annuities shall not be subject to suspension upon resumption of  employment for an employer, and any retirement annuity that is then so  suspended shall be reinstated on that date.(d) The changes made in this Section by this amendatory Act of 1993  shall apply to judges no longer in service on its effective date, as well as to  judges serving on or after that date.(e) A participant receiving a retirement  annuity under this Article  who serves as a part-time employee in any of the following positions: Legislative Inspector General, Special Legislative Inspector General, employee of the Office of the Legislative Inspector General, Executive Director of the Legislative Ethics Commission, or staff of the Legislative Ethics Commission, but has not elected to participate in the Article 14 System with respect to that service, shall not be deemed to be regularly employed for compensation by an employer other than a county, nor to have  resumed service as a judge, on the basis of that service, and the retirement annuity payments and other benefits of that person under this Code  shall not be suspended, diminished, or otherwise impaired solely as a consequence of that service. This subsection (e) applies without regard to whether the person is in service as a judge under this Article on or after the effective date of this amendatory Act of the 93rd General Assembly. In this subsection, a "part-time employee" is a person who is not required to work at least 35 hours per week.(f) A participant receiving a retirement annuity under this Article who has made an election under Section 1-123 and who is serving either as legal counsel in the Office of the Governor or as Chief Deputy Attorney General shall not be deemed to be regularly employed for compensation by an employer other than a county, nor to have resumed service as a judge, on the basis of that service, and the retirement annuity payments and other benefits of that person under this Code shall not be suspended, diminished, or otherwise impaired solely as a consequence of that service. This subsection (f) applies without regard to whether the person is in service as a judge under this Article on or after the effective date of this amendatory Act of the 93rd General Assembly.(g) Notwithstanding any other provision of this Article, if a person who first becomes a participant under this System on or after January 1, 2011 (the effective date  of this amendatory Act of the 96th General Assembly) is receiving a retirement annuity under this Article and becomes a member or participant under this Article or any other Article of this Code and is employed on a full-time basis, then the person's retirement annuity under this System shall be suspended during that employment. Upon termination of that employment, the person's retirement annuity shall resume and, if appropriate, be recalculated under the applicable provisions of this Article.(Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)