40 ILCS 5/5-114
2021 Illinois Compiled Statutes|Chapter 40 - PENSIONS|40 ILCS 5/ - Illinois Pension Code.|Article 5 - Policemen's Annuity And Benefit Fund--Cities Over 500,000

 (from Ch. 108 1/2, par. 5-114)Sec. 5-114.     Salary.     "Salary":(a) Annual salary, provided that $2,600 shall be the maximum amount  of salary to be considered for any purpose under this Act prior to July  1, 1927.(b) Annual salary, provided that $3,000 shall be the maximum amount  of salary to be considered for any purpose under this Act from July 1,  1927 to July 1, 1931.(c) Annual salary, provided that the annual salary shall be  considered for age and service annuity, minimum annuity and disability  benefits and $3,000 shall be the maximum amount of salary to be  considered for prior service annuity, widow's annuity, widow's prior  service annuity and child's annuity from July 1, 1931 to July 1, 1933.(d) Beginning July 1, 1933, annual salary of a policeman  appropriated for members of his rank or grade in the city's annual  budget or appropriation bill, subject to the following:(1) For age and service annuity, minimum annuity and     disability benefits, the amount of annual salary without limitation.(2) For prior service annuity, widow's annuity,     widow's prior service annuity and child's annuity from July 1, 1933 to July 1, 1957, the amount of annual salary up to a maximum of $3,000; beginning July 1, 1957, for such annuities, the amount of annual salary without limitation.(3) When the salary appropriated is for a definite     period of service of less than 12 months in any one year, disability benefits shall be computed on a daily wage basis computed by dividing the amount appropriated by 365.(e) For a policeman assigned to a non-civil service position as  provided in Section 5-174 from and after January 1, 1970, (with the  hereinafter stated excess not considered as salary for any purpose of  this Article for any of the years prior to 1970 except to the extent  provided by the election in Section 5-174), annual salary means the  total salary derived from appropriations applicable to the civil service  rank plus the excess over such amount paid for service in the non-civil  service position.(f) Beginning January 1, 1998, the salary of a policeman, as calculated  under subsection (d), shall include any duty availability allowance received by  the policeman.An active or former policeman who (1) either retired between July 1, 1994 and  December 31, 1997, both inclusive, or attained or will attain age 50 and 20  years of service between July 1, 1994 and January 1, 2002, both inclusive,  and (2) received a duty availability allowance at any time after June 30, 1994  and before January 1, 1998 may elect to have that duty availability  allowance included in the calculation of his or her salary under subsection  (d) for all or any portion of that period for which the allowance was  received, by applying in writing and paying to the Fund, no earlier than  January 1, 1998 and no later than July 1, 1998, the corresponding employee  contribution, without interest.  Thereafter the City shall make its  corresponding contribution, without interest.This subsection (f) applies without regard to  whether the applicant terminated service or began to receive a retirement  annuity before the effective date of this amendatory Act of 1997.  In the case  of a person who is receiving a retirement annuity at the time the application  and contribution are received by the Fund, the annuity shall be recalculated  and the resulting increase shall become payable on the next annuity payment  date following the date the contribution is received by the Fund.    (Source: P.A. 90-551, eff. 12-12-97.)