40 ILCS 5/8-138.1
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. 8-138.1)Sec. 8-138.1.     Early retirement incentive.(a) To be eligible for the benefits provided in this Section, an  employee must:(1) be a current contributor to the Fund who, on     November 1, 1992, is (i) in active payroll status as an employee or (ii) receiving ordinary or duty disability benefits under Section 8-160 or 8-161;(2) have not previously retired under this Article;(3) file with the Board before June 1, 1993, a     written application requesting the benefits provided in this Section;(4) withdraw from service on or after December 31,     1992 and on or before June 30, 1993;(5) have attained age 55 on or before the date of     withdrawal;(6) by the date of withdrawal, have at least 10 years     of creditable service in this Fund and a total of at least 15 years of creditable service in one or more of the participating systems under the Retirement Systems Reciprocal Act, without including any creditable service established under this Section.A person is not eligible for the benefits provided in this Section if the  person (i) elects to receive the alternative annuity for city officers  under Section 8-243.2, or (ii) elects to receive a retirement annuity  calculated under the alternative formula formerly set forth in Section  20-122.(b) An eligible employee may establish up to 5 years of creditable  service under this Section, in increments of one month, by making the  contributions specified in subsection (d).  An eligible person must  establish at least the amount of creditable service necessary to bring his  or her total creditable service, including service in this Fund, service  established under this Section, and service in any of the other  participating systems under the Retirement Systems Reciprocal Act, to a  minimum of 20 years.The creditable service under this Section may be used for all  purposes under this Article and the Retirement Systems Reciprocal Act,  except for the computation of average annual salary and the determination  of salary, earnings, or compensation under this or any other Article of  this Code.(c) An eligible employee shall be entitled to have his or her retirement  annuity calculated in accordance with the formula provided in Section  8-138, but with the following exceptions:(1) The annuity shall not be subject to reduction     because of withdrawal or commencement of the annuity before attainment of age 60.(2) The annuity shall be subject to a maximum of 80%     of the employee's highest average annual salary for any 4 consecutive years within the last 10 years of service, rather than the 75% maximum otherwise provided in Section 8-138.(d) For each month of creditable service established under this Section,  the employee must pay to the Fund an employee contribution, to be calculated  by the Fund, equal to 4.25% of the member's monthly salary rate on November  1, 1992.  The employee may elect to pay the entire contribution before the  retirement annuity commences, or to have it deducted from the annuity over  a period not longer than 24 months.  If the retired employee dies before the  contribution has been paid in full, the unpaid installments may be deducted  from any annuity or other benefit payable to the employee's survivors.All employee contributions paid under this Section shall be deemed  contributions made by employees for annuity purposes under Section 8-173,  and shall be made and credited to a special reserve, without interest.  Employee contributions paid under this Section may be refunded under the  same terms and conditions as are applicable to other employee contributions  for retirement annuity.(e) Notwithstanding Section 8-165, an annuitant who reenters service under  this Article after receiving a retirement annuity based on benefits provided  under this Section thereby forfeits the right to continue to receive those  benefits, and shall have his or her retirement annuity recalculated at the  appropriate time without the benefits provided in this Section.    (Source: P.A. 87-1265.)