40 ILCS 5/9-134
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. 9-134)Sec. 9-134.     Minimum annuity - Additional provisions.(a) An employee who withdraws after July 1, 1957 at age 60 or more with  20 or more years of service, for whom the amount of age and service and  prior service annuity combined is less than the amount stated in this  Section from the date of withdrawal, instead of all annuities otherwise  provided in this Article, is entitled to receive an annuity for life of an  amount equal to 1 2/3% for each year of service, of his highest average  annual salary for any 5 consecutive years within the last 10 years of  service immediately preceding the date of withdrawal; provided that in the  case of any employee who withdraws on or after July 1, 1971, such employee  age 60 or over with 20 or more years of service, or who withdraws on or  after January 1, 1982 and on or after attainment of age 65 with 10 or more  years of service, shall instead receive an annuity for life equal to 1.67%  for each of the first 10 years of service; 1.90% for each of the next 10  years of service; 2.10% for each year of service in excess of 20 but not  exceeding 30; and 2.30% for each year of service in excess of 30, based on  the highest average annual salary for any 4 consecutive years within the  last 10 years of service immediately preceding the date of withdrawal.An employee who withdraws after July 1, 1957, but prior to January 1,  1988, with 20 or more years of service, before age 60 is entitled to  annuity, to begin not earlier than age 55, if under such age at withdrawal,  as computed in the last preceding paragraph, reduced 1/2 of 1% for each  full month or fractional part thereof that his attained age when annuity is  to begin is less than 60 to the end that the total reduction at age 55  shall be 30%, except that an employee retiring at age 55 or over but less  than age 60, having at least 35 years of service, shall not be subject to  the reduction in his retirement annuity because of retirement below age 60.An employee who withdraws on or after January 1, 1988, with 20 or more  years of service and before age 60, is entitled to annuity as computed  above, to begin not earlier than age 50 if under such age at withdrawal,  reduced 1/2 of 1% for each full month or fractional part thereof that his  attained age when annuity is to begin is less than 60, to the end that the  total reduction at age 50 shall be 60%, except that an employee retiring at  age 50 or over but less than age 60, having at least 30 years of service,  shall not be subject to the reduction in retirement annuity because of  retirement below age 60.An employee who withdraws on or after January 1, 1992 but before  January 1, 1993, at age 60 or over with 5 or more years of service, may  elect, in lieu of any other employee annuity provided in this Section, to  receive an annuity for life equal to 2.20% for each of the first 20 years  of service, and 2.40% for each year of service in excess of 20, based on the  highest average annual salary for any 4 consecutive years within the last  10 years of service immediately preceding the date of withdrawal.  An  employee who withdraws on or after January 1, 1992, but before January 1,  1993, on or after attainment of age 55 but before attainment of age 60 with  5 or more years of service, is entitled to elect such annuity, but the  annuity shall be reduced 0.25% for each full month or fractional part  thereof that his attained age when the annuity is to begin is less than age  60, to the end that the total reduction at age 55 shall be 15%, except that  an employee retiring at age 55 or over but less than age 60, having at  least 30 years of service, shall not be subject to the reduction in  retirement annuity because of retirement below age 60.  This annuity benefit  formula shall only apply to those employees who are age 55 or over prior to  January 1, 1993, and who elect to withdraw at age 55 or over on or after  January 1, 1992 but before January 1, 1993.An employee who withdraws on or after July 1, 1996 but before  August 1, 1996, at age 55 or over with 8 or more years of service, may  elect, in lieu of any other employee annuity provided in this Section, to  receive an annuity for life equal to 2.20% for each of the first 20 years  of service, and 2.40% for each year of service in excess of 20, based on the  highest average annual salary for any 4 consecutive years within the last  10 years of service immediately preceding the date of withdrawal, but the  annuity shall be reduced by 0.25% for each full month or fractional part  thereof that the annuitant's attained age when the annuity is to begin is  less than age 60, unless the annuitant has at least 30 years of service.The maximum annuity under this paragraph (a) shall not exceed 70% of  highest average annual salary for any 5 consecutive years within the last  10 years of service in the case of an employee who withdraws prior to July  1, 1971, and 75% of the highest average annual salary for any 4 consecutive  years within the last 10 years of service immediately preceding the date of  withdrawal if withdrawal takes place on or after July 1, 1971 and prior  to January 1, 1988, and 80% of the highest average annual salary for any 4  consecutive years within the last 10 years of service immediately preceding  the date of withdrawal if withdrawal takes place on or after January 1,  1988. Fifteen hundred dollars shall be considered the minimum amount of  annual salary for any year, and the maximum shall be his salary as defined  in this Article, except that for the years before 1957 and subsequent to  1952 the maximum annual salary to be considered shall be $6,000, and for  any year before the year 1953, $4,800.(b) Any employee who withdraws on or after July 1, 1985 but prior to  January 1, 1988, at age 60 or over with 10 or more years of service, may  elect in lieu of the benefit in paragraph (a) to receive an annuity for  life equal to 2.00% for each year of service, based on the highest average  annual salary for any 4 consecutive years within the last 10 years of  service immediately preceding the date of withdrawal.  An employee who  withdraws on or after July 1, 1985, but prior to January 1, 1988, with 10  or more years of service, but before age 60, is entitled to elect such  annuity, to begin not earlier than age 55, but the annuity shall be reduced  0.5% for each full month or fractional part thereof that his attained age  when the annuity is to begin is less than 60, to the end that the total  reduction at age 55 shall be 30%; except that an employee retiring at age  55 or over but less than age 60, having at least 30 years of service, shall  not be subject to the reduction in retirement annuity because of retirement  below age 60.An employee who withdraws on or after January 1, 1988, at age 60 or  over with 10 or more years of service, may elect, in lieu of the benefit in  paragraph (a), to receive an annuity for life equal to 2.20% for each of the  first 20 years of service, and 2.4% for each year of service in excess of 20,  based on the highest average annual salary for any 4 consecutive years within  the last 10 years of service immediately preceding the date of withdrawal.  An employee who withdraws on or after January 1, 1988, with 10 or more  years of service, but before age 60, is entitled to elect such annuity, to  begin not earlier than age 50, but the annuity shall be reduced 0.5% for  each full month or fractional part thereof that his attained age when the  annuity is to begin is less than 60, to the end that the total reduction at  age 50 shall be 60%, except that an employee retiring at age 50 or over  but less than age 60, having at least 30 years of service, shall not be  subject to the reduction in retirement annuity because of retirement below  age 60.An employee who withdraws on or after June 30, 2002 with 10 or more  years of service may elect, in lieu of any other retirement annuity provided  under this Article, to receive an annuity for life, beginning no earlier than  upon attainment of age 50, equal to 2.40% of his or her highest average annual  salary for any 4 consecutive years within the last 10 years of service  immediately preceding withdrawal, for each year of service.  If the employee  has less than 30 years of service, the annuity shall be reduced by 0.5% for  each full month or remaining fraction thereof that the employee's attained age  when the annuity is to begin is less than 60.The maximum annuity under this paragraph (b) shall not exceed 75% of the  highest average annual salary for any 4 consecutive years within the last  10 years of service immediately preceding the date of withdrawal if  withdrawal occurs prior to January 1, 1988, or 80% of the highest average  annual salary for any 4 consecutive years within the last 10 years of  service immediately preceding the date of withdrawal if withdrawal takes  place on or after January 1, 1988.The provisions of this paragraph (b) do not apply to any former County  employee receiving an annuity from the fund, who re-enters service as a  County employee, unless he renders at least 3 years of additional service  after the date of re-entry.(c) For an employee receiving disability benefit, the salary for annuity  purposes under paragraph (a) or (b) of this Section shall, for all periods of  disability benefit subsequent to the year 1956, be the amount on which his  disability benefit was based.(d) A county employee with 20 or more years of service, whose entire  disability benefit credit period expires before attainment of age 50  (age 55 if expiration occurs before January 1, 1988), while  still disabled for service is entitled upon withdrawal to the larger of:(1) The minimum annuity provided above, assuming that     he is then age 50 (age 55 if expiration occurs before January 1, 1988), and reducing such annuity to its actuarial equivalent at his attained age on such date, or(2) the annuity provided from his age and service and     prior service annuity credits.(e) The minimum annuity provisions above do not apply to any former  county employee receiving an annuity from the fund, who re-enters service  as a county employee, unless he renders at least 3 years of additional  service after the date of re-entry.(f) Any employee in service on July 1, 1947, or who enters service  thereafter before attaining age 65 and withdraws after age 65 with less  than 10 years of service for whom the annuity has been fixed under the  foregoing Sections of this Article, shall, instead of the annuity so fixed,  receive an annuity as follows:Such amount as he could have received had the accumulated amounts for  annuity been improved with interest at the effective rate to the date of  withdrawal, or to attainment of age 70, whichever is earlier, and had the  county contributed to such earlier date for age and service annuity the  amount that it would have contributed had he been under age 65, after the  date his annuity was fixed in accordance with this Article, and assuming  his annuity were computed from such accumulations as of his age on such  earlier date. However those employees who before July 1, 1953, made  additional contributions in accordance with this Article, the annuity so  computed under this paragraph shall not exceed the annuity which would be  payable under the other provisions of this Section if the employee  concerned was credited with 20 years of service and would qualify for  annuity thereunder.(g) Instead of the annuity provided in this or any other Section of this  Article, an employee having attained age 65 with at least 15 years of  service may elect to receive a minimum annual annuity for life equal to 1%  of the highest average annual salary for any 4 consecutive years within the  last 10 years of service immediately preceding retirement for each year of  service, plus the sum of $25 for each year of service provided that no such  minimum annual annuity may be greater than 60% of such highest average  annual salary.(h) The annuity is payable in equal monthly installments.(i) If, by operation of law, a function of a governmental unit, as  defined by Section 20-107 of this Code, is transferred in whole or in part  to the county in which this Article 9 is created as set forth in Section  9-101, and employees of the governmental unit are transferred as a class to  such county, the earnings credits in the retirement system covering the  governmental unit which have been validated under Section 20-109 of this  Code shall be considered in determining the highest average annual salary  for purposes of this Section 9-134.(j) The annuity being paid to an employee annuitant on July 1, 1988,  shall be increased on that date by 1% for each full year that has elapsed  from the date the annuity began.(k) Notwithstanding anything to the contrary in this Article 9, Section  20-131 shall not apply to an employee who withdraws on or after January 1,  1988, but prior to attaining age 55.  Therefore, no employee shall be  entitled to elect to have the alternative formula previously set forth in  Section 20-122 prior to the amendatory Act of 1975 apply to any annuity,  the payment of which commenced after January 1, 1988, but prior to such  employee's attainment of age 55.    (Source: P.A. 92-599, eff. 6-28-02.)