40 ILCS 5/20-124
2021 Illinois Compiled Statutes|Chapter 40 - PENSIONS|40 ILCS 5/ - Illinois Pension Code.|Article 20 - Retirement Systems Reciprocal Act

 (from Ch. 108 1/2, par. 20-124)(Text of Section WITH the changes made by P.A. 98-599, which has been held unconstitutional)Sec. 20-124. Maximum benefits.(a) In no event shall the combined retirement  or survivors annuities exceed the highest annuity which would have been payable  by any participating system in which the employee has pension credits, if all  of his pension credits had been validated in that system.If the combined annuities should exceed the highest maximum as determined  in accordance with this Section, the respective annuities shall be reduced  proportionately according to the ratio which the amount of each proportional  annuity bears to the aggregate of all such annuities.(b) In the case of a participant in the self-managed plan established under  Section 15-158.2 of this Code to whom the provisions of this Article apply:(i) For purposes of calculating the combined     retirement annuity and the proportionate reduction, if any, in a retirement annuity other than one payable under the self-managed plan, the amount of the Article 15 retirement annuity shall be deemed to be the highest annuity to which the annuitant would have been entitled if he or she had participated in the traditional benefit package as defined in Section 15-103.1 rather than the self-managed plan.(ii) For purposes of calculating the combined     survivor's annuity and the proportionate reduction, if any, in a survivor's annuity other than one payable under the self-managed plan, the amount of the Article 15 survivor's annuity shall be deemed to be the highest survivor's annuity to which the survivor would have been entitled if the deceased employee had participated in the traditional benefit package as defined in Section 15-103.1 rather than the self-managed plan.(iii) Benefits payable under the self-managed plan     are not subject to proportionate reduction under this Section.(c) In the case of a participant in a defined contribution plan established under  Article 2, 14, 15, or 16 of this Code to whom the provisions of this Article apply:(i) For purposes of calculating the combined     retirement annuity and the proportionate reduction, if any, in a defined benefit retirement annuity, any benefit payable under the defined contribution plan shall not be considered.(ii) For purposes of calculating the combined     survivor's annuity and the proportionate reduction, if any, in a defined benefit survivor's annuity, any benefit payable under the defined contribution plan shall not be considered.(iii) Benefits payable under a defined contribution     plan established under Article 2, 14, 15, or 16 of this Code are not subject to proportionate reduction under this Section. (Source: P.A. 98-599, eff. 6-1-14.)(Text of Section WITHOUT the changes made by P.A. 98-599, which has been held unconstitutional)Sec. 20-124.     Maximum benefits.     In no event shall the combined retirement  or survivors annuities exceed the highest annuity which would have been payable  by any participating system in which the employee has pension credits, if all  of his pension credits had been validated in that system.If the combined annuities should exceed the highest maximum as determined  in accordance with this Section, the respective annuities shall be reduced  proportionately according to the ratio which the amount of each proportional  annuity bears to the aggregate of all such annuities.In the case of a participant in the self-managed plan established under  Section 15-158.2 of this Code to whom the provisions of this Article apply:(i) For purposes of calculating the combined     retirement annuity and the proportionate reduction, if any, in a retirement annuity other than one payable under the self-managed plan, the amount of the Article 15 retirement annuity shall be deemed to be the highest annuity to which the annuitant would have been entitled if he or she had participated in the traditional benefit package as defined in Section 15-103.1 rather than the self-managed plan.(ii) For purposes of calculating the combined     survivor's annuity and the proportionate reduction, if any, in a survivor's annuity other than one payable under the self-managed plan, the amount of the Article 15 survivor's annuity shall be deemed to be the highest survivor's annuity to which the survivor would have been entitled if the deceased employee had participated in the traditional benefit package as defined in Section 15-103.1 rather than the self-managed plan.(iii) Benefits payable under the self-managed plan     are not subject to proportionate reduction under this Section.   (Source: P.A. 91-887, eff. 7-6-00.)