40 ILCS 5/8-154
2021 Illinois Compiled Statutes|Chapter 40 - PENSIONS|40 ILCS 5/ - Illinois Pension Code.|Article 8 - Municipal Employees', Officers', And Officials' Annuity And Benefit Fund--Cities Over 500,000 Inhabitants

 (from Ch. 108 1/2, par. 8-154)Sec. 8-154.     Maximum annuities.(1) The annuities to an employee and his widow are subject to the  following limitations:(a) No age and service annuity, or age and service     and prior service annuity combined, in excess of 60% of the highest salary of an employee, and no minimum annuity in excess of the amount provided in Section 8-138 or set forth as a maximum in any other Section of this Code relating to minimum annuities for municipal employees included under Article 8 of this Code shall be payable to any employee - excepting to the extent that the annuity may exceed such per cent or amount under Section 8-137 and 8-137.1 providing for automatic increases after retirement.(b) No annuity in excess of 60% of such highest     salary shall be payable to a widow if death of an employee results solely from injury incurred in the performance of an act of duty; provided, the annuity for a widow, or a widow's annuity plus compensation annuity, shall not exceed $500 per month if the employee's death occurs before January 23, 1987, except as provided in paragraph (d).  The widow's annuity, or a widow's annuity plus compensation annuity, shall not be limited to a maximum dollar amount if the employee's death occurs on or after January 23, 1987, regardless of the date of injury.(c) No annuity in excess of 50% of such highest     salary shall be payable to a widow in the case of death resulting in whole or in part from any cause other than injury incurred in the performance of an act of duty; provided, the annuity for a widow, or a widow's annuity plus supplemental annuity, shall not exceed $500 per month if the employee's death occurs before January 23, 1987, except as provided in paragraph (d).  The widow's annuity, or widow's annuity plus supplemental annuity, shall not be limited to a maximum dollar amount if the employee's death occurs on or after January 23, 1987.(d) For widows of employees who died before January     23, 1987 after retirement on annuity or in service, the maximum dollar amount limitation on widow's annuity (or widow's annuity plus compensation or supplemental annuity) shall cease to apply, beginning with the first annuity payment after the effective date of this amendatory Act of 1997; except that if a refund of excess contributions for widow's annuity has been paid by the Fund, the increase resulting from this paragraph (d) shall not begin before the refund has been repaid to the Fund, together with interest at the effective rate from the date of the refund to the date of repayment.(2) If when an employee's annuity is fixed, the amount accumulated  to his credit therefor, as of his age at such time exceeds the amount  necessary for the annuity, all contributions for annuity  purposes after the date on which the accumulated sums to the credit of  such employee for annuity purposes would first have provided such  employee with such amount of annuity as of his age at such date shall be  refunded when he enters upon annuity, with interest at the effective rate.If the aforesaid annuity so fixed is not payable, but a larger amount  is payable as a minimum annuity, such refund shall be reduced by 5/12 of  the value of the difference in the annuity payable and the amount  theretofore fixed, as the value of such difference may be at the date  and as of the age of the employee when his annuity is granted; provided  that if the employee was credited with city contributions for any period  for which he made no contribution, or a contribution of less than 3 1/4%  of salary, a further reduction in the refund shall be made by the  equivalent of what he would have contributed during such period less  his actual contributions, had the rate of  employee contributions in force on  the effective date been in effect throughout his entire service, prior  to such effective date, with interest computed on such amounts at the  effective rate.(3) If at the time the annuity for a wife is fixed, the employee's  credit for a widow's annuity exceeds that necessary to provide such an  annuity equal to the maximum annuity provided in this section, all employee  contributions for such annuity, for service after the date on  which the accumulated sums to the credit of such employee for the  purpose of providing widow's annuity would first have provided such  widow with such amount of annuity, if such annuity were computed on the  basis of the Combined Annuity Mortality Table with interest at 3% per  annum with ages at date of determination taken as specified in this  Article, shall be refunded to the employee, with interest at the  effective rate. If the employee was credited with city contributions for  widow's annuity for any service prior to the effective date, any amount  so refundable, shall be reduced by the equivalent of what he would have  contributed, had his contributions for widow's annuity been made at the  rate of 1% throughout his entire service, prior to the effective date,  with interest on such amounts at the effective rate.(4) If at the death of an employee prior to age 65, the credit for  widow's annuity exceeds that necessary to provide the maximum annuity  prescribed in this section, all employee contributions for annuity  purposes, for service after the date on which the accumulated sums to  the credit of such employee for the purpose of providing such maximum  annuity for the widow would first have provided such widow with such  amount of annuity, if such annuity were computed on the basis of the  Combined Annuity Mortality Table with interest at 3% per annum with ages  at date of determination taken as specified in this Article, shall be  refunded to the widow, with interest at the effective rate.If the employee was credited with city contributions for any period  of service during which he was not required to make a contribution, or  made a contribution of less than 3 1/4% of salary, the refund shall be  reduced by the equivalent of the contributions he would have made during  such period, less any amount he contributed, had the rate of  employee contributions in effect on the effective date been in force throughout  his entire service, prior to the effective date, with interest on such  amounts at the effective rate; provided that if the employee was  credited with city contributions for widow's annuity for any service  prior to the effective date, any amount so refundable shall be further  reduced by the equivalent of what he would have contributed had  he made contributions for widow's annuity at the rate of 1% throughout his  entire service; prior to such effective date, with interest on such  amounts at the effective rate.    (Source: P.A. 90-511, eff. 8-22-97; 90-655, eff. 7-30-98.)