40 ILCS 5/18-129
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. 18-129)Sec. 18-129.     Refund of contributions; repayment.(a) A participant who ceases to be a judge may, upon application to the  Board, receive a refund of his or her total contributions to the System  including the contributions made towards the automatic increase in  retirement annuity and contributions for the survivor's annuity,  without interest, provided he or she is not then immediately eligible to  receive a retirement annuity.Upon receipt of a refund, the applicant shall cease to be a participant  and shall thereupon relinquish all rights in the System.  However, upon  again becoming a participant, the judge shall receive credit for all  previous judicial service upon payment to the System of the amount refunded  together with interest at 4% per annum from the time of the refund to the  date of repayment.(b) Upon death of a participant who did not become an annuitant, where  no spouse or other beneficiaries eligible for an annuity survive,  the participant's designated beneficiary or estate shall be  entitled to a refund of his or her total contributions to the System,  including contributions made towards the automatic increase in retirement  annuity and contributions for the survivor's annuity, without interest.(c) Upon death of an annuitant, where no spouse or other beneficiaries  eligible for an annuity survive, the designated beneficiary or estate  shall receive a refund of the contributions made for the survivor's annuity,  without interest.  If the annuitant received annuity  payments in the aggregate less than his or her contributions  for retirement annuity and the contributions towards the  automatic increase in the retirement annuity, the designated beneficiary  or estate shall also be refunded the difference between the total of such  contributions, excluding interest, and the sum of annuity payments made.(d) A participant or annuitant whose marriage is terminated by death or  dissolution, an unmarried participant, and an annuitant who was not married  while he or she was a judge shall, upon application to the Board, receive  a refund of his or her contributions for the survivor's annuity, without  interest.  Upon the issuance of a refund under this subsection, the recipient's  credit for survivor's annuity purposes shall terminate and the recipient shall  not thereafter make contributions for survivor's annuity, except in accordance  with subsection (f) or (g).  Upon the death of a participant or annuitant who  received such a refund, any eligible children shall nevertheless be entitled to  the child's annuities provided in Section 18-128.01.(e) Upon the death of a surviving spouse who, together with the  deceased judge, did not receive annuity payments in the aggregate equal to  the judge's total contributions to the System, the estate of the surviving  spouse shall be refunded the difference between the total payments and  total contributions, excluding interest.(f) Upon marriage or remarriage, a participant or annuitant shall  receive full credit for survivor's annuity purposes upon:(1) in the case of a participant, making the     contributions required under Section 18-123 beginning on the date of the marriage or remarriage;(2) repaying in full any survivor's annuity     contributions that have been refunded; and(3) making survivor's annuity contributions for the     period of participation during which he or she was unmarried, together with interest thereon at 3% per annum.The time and manner of making such repayments shall be prescribed by  the Board.(g) Upon marriage or remarriage, a participant who does not make the  payments required for full survivor's annuity credit under subsection (f)  may receive partial credit for survivor's annuity by making survivor's  annuity contributions under Section 18-123 beginning on the date of the  marriage or remarriage.Notwithstanding any other provision of this Article, the survivor's  annuity (but not any child's annuity) payable under this Article on behalf  of a deceased person with only partial credit for survivor's annuity shall  be reduced by multiplying the amount of the survivor's annuity that would  have been payable if the person had full credit by a fraction, the  numerator of which is the number of months of service for which survivor's  annuity contributions have been credited in this System, and the  denominator of which is the total number of months of service in this System.    (Source: P.A. 90-766, eff. 8-14-98.)