2023 Illinois Compiled Statutes › Chapter 40 - PENSIONS › 40 ILCS 5/ - Illinois Pension Code. › Article 19 - Closed Funds

(40 ILCS 5/Art. 19 heading)
ARTICLE 19.  
		CLOSED FUNDS
(40 ILCS 5/Art. 19 Div. 1 heading)
DIVISION 1.  
		HOUSE OF CORRECTION
EMPLOYEES' PENSION FUND
(40 ILCS 5/19-101) (from Ch. 108 1/2, par. 19-101)
Sec. 19-101. 
		
		House of correction employees' pension fund created-"Salary"
defined.
The board of inspectors of the various houses of correction, organized
under "An Act to authorize cities to establish houses of correction and
farm colonies within the corporate limits and outside of the corporate
limits within the same county and authorize the confinement of convicted
persons therein", approved April 25, 1871 and maintained thereunder in
cities having a population exceeding 150,000 inhabitants, shall have power,
and it shall be its duty to create a house of correction employees' pension
fund which shall consist of 6% of the salary or wages of the employee,
together with an additional 2% of the salary or wages of male employees,
deducted in equal monthly installments from such salaries or wages at the
regular time or times of the payment thereof, and the net earnings of the
commissary maintained and operated in the house of correction, together
with the proceeds of the tax levy hereinafter provided. The number and
compensation of all employees in such commissary and the use and
disposition of all the funds thereof shall be approved by the board of
trustees of such pension fund.
The word "salary" as used in this section shall mean actual salary but
not to exceed the amount equal to actual salary paid to a Class A guard, as
classified by the Civil Service Commission in Grade 3.
(Source: Laws 1965, p. 935.)
(40 ILCS 5/19-102) (from Ch. 108 1/2, par. 19-102)
Sec. 19-102. 
		The 1911 Act.
For the purposes of this Division the term "The 1911 Act" means "An Act
to provide for the setting apart, formation and disbursement of a house of
correction employees pension fund in cities having a population exceeding
150,000 inhabitants", approved June 10, 1911, as amended.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/19-103) (from Ch. 108 1/2, par. 19-103)
Sec. 19-103. 
		Ineligibility for benefits.
Notwithstanding any other provision of this Division, none of the
benefits herein provided for shall be paid to any person who is convicted
of any felony relating to or arising out of or in connection with his
service as an employee.
This section shall not operate to impair any contract or vested right
acquired prior to July 11, 1955, under "The 1911 Act" nor to preclude the
right to a refund.
All future entrants shall be deemed to have consented to the provisions
of this section as a condition of coverage.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/19-104) (from Ch. 108 1/2, par. 19-104)
Sec. 19-104. 
		
		Tax levy - disposition of revenue collected - tax
anticipation warrants.
It shall be lawful for any such city to levy a tax upon all taxable
property in such city of not more than  .0009 per cent of the value, as
equalized or assessed by the Department of Revenue, of
all taxable property in such city, for the purpose of providing revenue
for the pension fund herein provided for.
For such purpose, the city council of such city shall levy such a tax
annually upon all taxable property in such city at the aforementioned
rate. The tax shall be levied and collected in like manner with the
general taxes of such city, beginning with the first such levy made
subsequent to January 1, 1946, and shall be in addition to all other
taxes which such city is now or may hereafter be authorized to levy on
the aggregate valuation of all taxable property within such city, and
shall be exclusive of and in addition to the amount of tax such city is
now or may hereafter be authorized to levy for general purposes under
and by virtue of any law or laws which limit the amount of tax which
such city may levy for general purposes. The County Clerk of the county
in which such city is located, in reducing tax levies under the
provisions of any Act concerning the levy and extension of taxes, shall
not consider any such tax levied pursuant to this Division as part of
the general tax levy for city purposes, and shall not include the same
in any limitation of the per cent of the assessed valuation upon which
taxes are required to be extended.
The amount of the tax to be levied in each year shall be certified to
the city council of such city by the board of trustees of said pension
fund.
As soon as any revenue derived from the tax shall be collected, the
same shall be paid to the city treasurer of such city and shall be held
by such city treasurer for the benefit of the pension fund herein
provided for, and all such revenue shall be paid into the pension fund.
If the funds available for the purposes of this Division shall be
insufficient during any year to meet the requirements of this Division,
such city may issue tax anticipation warrants, as provided by law
against the tax levy herein provided for, for the current fiscal year.
(Source: P.A. 81-1509.)
(40 ILCS 5/19-105) (from Ch. 108 1/2, par. 19-105)
Sec. 19-105. 
		Term "employee" defined-withdrawal-refund-death.
The term "employee" under this Division, shall include all persons in
the employ of any such house of correction under and by virtue of an Act
entitled "An Act to regulate civil service of cities", approved and in
force March 20, 1895 and for those who were appointed prior to the
passage of such Act and who were in the service of such house of correction
July 1, 1911.
The term "employee" shall also include any person in the employ of such
house of correction who passed the civil service examination, but such
person shall not be eligible to any benefits under this Division until 2
years from the date of becoming a contributor; provided, however, that the
provisions of this Division shall not apply to temporary or probationary
employees, nor to those defined as "60-day employees", nor to any employee
who was 50 or more years of age at the time "The 1911 Act" came in force
and effect and who at said time had not been in the service of such house
of correction for at least 10 years; nor to any employee who shall enter
the service of such house of correction after January 1, 1954; and,
provided, further, that this Division shall apply only to those employees
who voluntarily accept and agree to comply with its provisions.
Any employee on sick leave or leave of absence from such house of
correction who has contributed to said pension fund, will be considered a
member of said pension fund, and will be entitled to all benefits and
annuities under this Division, while he or she remains on said sick leave
or leave of absence from said house of correction: Provided, the said
employee does not take employment other than at such house of correction
while on sick leave or leave of absence from such house of correction, and
if said employee goes to work at employment other than at such house of
correction while on said sick leave or leave of absence, from such house of
correction, he or she will not be considered an employee of such house of
correction, and will not be entitled to any benefits under this Division:
And, provided, further, that any woman employee contributing to said
pension fund, who marries and then takes a leave of absence for reasons
other than sickness of self, will not be entitled to any benefits or
annuities under this Division, while on such leave of absence, unless she
is employed at least 3 months of each year at such house of correction.
Any employee, a part of whose salary may be set apart hereafter to
provide for such fund, shall be released from the necessity of making
further payments to said fund by filing a written notice of his or her
desire to withdraw from complying with the provisions of this Division,
with the board of trustees hereinafter mentioned, which resignation shall
operate and go into effect immediately upon its receipt by said board of
trustees.
Any employee who has contributed to the said fund who shall be dismissed
or resigned from the service of said house of correction, may, upon
application made, receive the total amount paid into said fund by such
person so dismissed or resigned. If an employee dies after having
contributed to said fund his nearest heir or heirs according to the law of
descent in Illinois may, upon application made after said employee's death,
receive the total amount paid into said fund by each deceased employee less
the amount or amounts paid to him and/or his widow or children in the form
of annuity.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/19-106) (from Ch. 108 1/2, par. 19-106)
Sec. 19-106. 
		Custodian of fund-duty-bond-where filed.
The city treasurer, subject to the control and direction of the board of
trustees hereinafter mentioned, shall be the custodian of said pension fund
and shall secure and safely keep same and shall keep books and accounts
concerning said funds in such manner as may be prescribed by said board of
trustees, which said books and accounts shall always be subject to the
inspection of said board of trustees, or any member thereof.
The city treasurer shall within 10 days after his election or
appointment, execute a bond to the city, with good and sufficient
securities, in such penal sum as the said board of trustees shall direct,
and shall be conditioned for the faithful performance of the duties of said
office, and that he will safely keep and well and truly account for all
moneys belonging to said pension fund, and all interest thereon, which may
come into his hands, as such treasurer, and on the expiration of his term
of office, or upon his retirement therefrom for any cause, he will
surrender and deliver over to his successor all unexpended moneys, with
such interest as he may have received thereon, and all property which may
come into his hands as treasurer of said pension fund.
Such bond shall be filed in the office of the city clerk of said city
for the use of said board of trustees, or any person or persons injured by
such breach.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/19-107) (from Ch. 108 1/2, par. 19-107)
Sec. 19-107. 
		Board of trustees-powers-custodian of funds.
The board of inspectors of any such house of correction shall, in the
month of September immediately following the date of "The 1911 Act" going
into effect, arrange for the election of a board of trustees of said
pension fund composed of 7 members to be chosen as hereinafter provided,
which election shall be held not later than 2 months after "The 1911 Act"
goes into effect. The same board of trustees shall have power, and it shall
be its duty to administer said fund and to carry out the provisions of this
Division for the purpose of enabling such board of trustees to perform the
duties imposed and exercise the powers created by this Division. The board
of trustees shall be and is hereby created a body politic and corporate,
and said board of trustees may invest the accumulation of said funds in the
government, State, county or municipal bonds, and the city treasurer shall
be the custodian of said securities.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/19-108) (from Ch. 108 1/2, par. 19-108)
Sec. 19-108. 
		Board, how composed-Term.
The said board of trustees shall consist of the chairman of the board of
inspectors and the superintendent of the house of correction, four
employees contributing to the fund and one member from the beneficiaries.
The chairman of said board of inspectors and the superintendent of the
house of correction shall be ex-officio members of such board of trustees,
and the 5 other members of such board of trustees shall be elected by
ballot, the members of the contributors to be elected by the employees
contributing to said fund at the time and for the terms respectively as
follows:
At the first election the contributors to the said fund shall elect 1 of
their number to serve for the term of 4 years, 1 for a term of 3 years, 1
for a term of 2 years and 1 of their number for the term of 1 year, and
annually thereafter said contributors shall elect 1 of their number to hold
office for the term of 4 years. Provided, that in such cities prior to July
1, 1937, the contributors shall, at the expiration of the term of office in
1937 of the member elected by them, elect 3 members for terms of 2, 3 and 4
years respectively, and annually thereafter, as the term of a member
expires, a successor shall be elected for a term of 4 years. At each
election the beneficiaries shall elect 1 of their number to serve as a
member of such board of trustees for a term of 1 year. And in case the
beneficiary or beneficiaries be a child or children the guardian of such
child or children may cast the votes to which such child or children may be
entitled.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/19-109) (from Ch. 108 1/2, par. 19-109)
Sec. 19-109. 
		
		Membership on board ceases, when - Vacancies - Powers and
duties - Amount of annuities.
Whenever any elective member of the board of trustees shall cease to be
in the employ of or to be a member of the board of inspectors of the house
of correction, or a beneficiary of the house of correction employees' fund,
his or her membership in the board of trustees shall cease. All vacancies
in the board of trustees shall be filled by a ballot as aforesaid.
The board of trustees shall have power and it shall be its duty:
1. To make all payments from the pension fund pursuant to the provisions
of this Division.
2. To administer and invest, to purchase, hold, sell or assign and
transfer any part of the pension fund remaining in the hands of the
treasurer or any of the securities in which the fund, or any part thereof,
may be invested.
3. To pay all necessary expenses in connection with the administration
of the fund and in carrying out the provisions of this Division for which
provisions are not otherwise made.
4. To take by gift, grant or bequest, or otherwise, any money or
property of any kind and hold the same for the benefit of the fund.
5. To make and establish all such rules for the transactions of its
business and such other rules, regulations and bylaws as may be necessary
for the proper administration of the fund committed to its charge, and the
performance of the duties imposed upon it.
6. To see that there is no restitution of deductions from salaries after
the contributor has become eligible to an annuity under this Division.
7. It shall keep full and complete records of its meetings and of the
receipts and disbursements on account of such fund, and also a complete
list of all contributors to the fund, and of all annuitants receiving
benefits therefrom, and such other records as in its judgment shall seem
necessary and shall make and publish annually a full and complete statement
of its financial transactions.
8. The board shall hear and determine all applications for benefits
given under this Division, on account of disability and shall have power to
suspend any annuity given on account of disability whenever in its judgment
the disability of the beneficiary has ceased, or for any other good cause.
9. Any contributor to the fund who is at least 55 years of age and who
has been in the service of the house of correction for a period of 25
years, and has contributed to the fund for the same period, shall have the
right to retire and become a beneficiary under this Division as follows:
Any such contributor who retires and becomes a beneficiary of this fund
after July 1, 1951, shall receive a benefit or annuity of 40% of salary per
annum; provided, if such contributor remains in the service until he serves
30 years or attains an age of 60 years, he shall receive a benefit or
annuity of 45% of salary; and provided further if such contributor remains
in the service until he serves 35 years or attains an age of 65 years, the
amount of such benefit shall be 50% of salary, as defined in this Division.
The annuities are to be paid in equal monthly installments, and in case of
insufficient funds in the treasury, the treasurer shall be empowered to pay
to the beneficiaries a pro rata amount of the sum in the treasury, such pro
rata amount to be divided equally among the beneficiaries entitled to the
same.
Any contributor to the fund who has been in the service of the house of
correction for a period of more than 10 years but less than 25 years and
has contributed to the fund during his entire period of service shall have
a right to receive from this fund after the attainment of age 55 years an
annuity of an amount equal to 1/15 of the amount he would have received had
he remained a contributor to this fund until he had been in the service for
25 years, for each year of service over 10 years; provided, however, that
service for a period of 8 months in any 1 calendar year shall be considered
as a year of service for that year.
Any male contributor to this fund who retires on annuity and at that
time is single and does not have a child or children under the age of 18
years, shall be entitled to receive a refund of the additional 2% which he
has contributed to this fund from and after the effective date of this
Amendatory Act.
(Source: Laws 1965, p. 937.)
(40 ILCS 5/19-110) (from Ch. 108 1/2, par. 19-110)
Sec. 19-110. 
		Annuity payments.
Upon the death of any contributor or any beneficiary who before becoming
a beneficiary contributed to said fund for at least 2 years the said board
of trustees shall pay, as hereinafter provided, an annuity not to exceed
$75.00 per month to the widow as long as she remains unmarried: Provided if
at the time of his death such contributor shall have been in the service of
the house of correction for a period of 15 or more years, the board of
trustees shall pay as hereinafter provided an annuity of $125.00 a month to
such widow as long as she remains unmarried; provided she was the wife of
such contributor or beneficiary during the period of time he was an
employee of the house of correction and a contributor to this fund and had
been his wife 2 years before his death, and if there is no widow eligible
to receive such benefits, said board of trustees shall pay such annuity to
the child or children of such deceased contributor or beneficiary, until
such time as the youngest child shall reach the age 18 years. If there be
no widow or child or children eligible, and there is a dependent parent or
parents of the deceased contributor or beneficiary, such dependent parent
or parents may be paid the sum of $25.00 per month upon their furnishing
proof satisfactory to the board of trustees of their dependency upon the
deceased contributor;
Provided, further, that upon the death of any contributor or beneficiary
no annuity shall be paid to the widow, child or children or dependent
parent or parents unless such contributor or beneficiary shall have been in
the service of the house of correction for a period of at least 2 years,
and shall have contributed to said fund for the same period: 50% of the
maximum annuity shall be paid as hereinabove provided if the death of such
contributor or beneficiary occurs before the deceased contributor or
beneficiary shall have served 10 years as an employee of the house of
correction; and the maximum annuity shall be paid, as hereinabove provided,
if the death of such contributor or beneficiary occurs within or after the
11th year next after such contributor or beneficiary became an employee.
(Source: Laws 1965, p. 937.)
(40 ILCS 5/19-111) (from Ch. 108 1/2, par. 19-111)
Sec. 19-111. 
		Retirement after ten years-Notice to board.
Any person who is at least 55 years of age and who has been an employee
of said house of correction for a period of 10 years or more and has
contributed to said fund for a period of not less than the full term of
service, or shall pay into the fund the amount of money such person would
have paid had contributions been made by him at the prevailing rate from
the first day of his employment, together with interest at 4% on each such
contribution from the time it should have been paid until it was paid, may
retire from the service of said house of correction upon 60 days notice, to
be given to said board of trustees (unless such notice is waived by said
board of trustees) and become an annuitant under this Division.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/19-112) (from Ch. 108 1/2, par. 19-112)
Sec. 19-112. 
		
		Temporary employees-Certification and appointment to permanent
position.
Any person who is certified and appointed to a position as an employee
of the house of correction, as employee is defined in this Division, who
has served as an employee of the house of correction by virtue of temporary
appointment prior to such certification and appointment, shall have the
right to have credited to such employee for pension and widow's pension
purposes the period of time such employee served in such position by virtue
of temporary appointment, upon such employee paying into the house of
correction employees' pension fund such amount of money as he would have
paid into such pension fund had he been a member of such pension fund
during such period of temporary employment, together with interest at the
rate of 4% per annum upon each such payment from the time such payment
would have been made had he been a participant in the fund, until such
payment is made; provided, however, such right to receive credit must be
exercised by such employee on or before July 1, 1952, or within 3 years
after the date of his appointment and certification, whichever is the later
date.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/19-113) (from Ch. 108 1/2, par. 19-113)
Sec. 19-113. 
		Retirement account of disability. 
		
		Any person who has contributed to said fund for a period of 3 years or
more may retire from the service of said house of correction on account of
serious disability rendering him or her unable to properly discharge his or
her duties. If such disability is incurred as the result of the performance
of any act or acts of duty, such disabled person shall be entitled to
receive an amount equal to 75% of salary as salary is defined in Section
19-101 of this Division, until such person shall recover from such
disability or shall attain an age of 65 years, at which time he shall
retire from the service and be entitled to receive a pension as provided
for in Section 19-109 of this Division. If such disability shall not be
the result of the performance of an act or acts of duty, and is not due to
alcoholism or pregnancy, such person shall be entitled to receive ordinary
disability pension in the amount of 44% of said contributor's salary per
month for a period of time equal to 1/2 of his period of service, but not
to exceed 5 years.
Neither duty disability pension nor ordinary disability pension shall be
paid to any contributor to this fund after such contributor has attained
the age of 65 years; provided, however, that any person in receipt of
ordinary disability pension or duty disability pension from this fund, if
he shall still be disabled upon attainment of age 65 and shall have a
period of service of 10 years or more (which period of service shall
consist of actual service plus the period of time such person received
disability pension,) shall be retired upon the annuity provided for in
Section 19-109 of this Division.
In the event any person receiving ordinary disability pension shall
continue to be disabled after the expiration of the period of time for
which he shall be entitled to receive disability pension, and before the
attainment by such person of the age of 55 years, such person shall be
entitled to retire upon the annuity provided for in Section 19-109 of this
Division as though such disabled person had attained 55 years of age;
provided, if such annuity shall be less than $300 per year, the employee
concerned may, at his option, in lieu of such annuity, withdraw the
contributions he shall have made to the fund together with the interest
thereon. Such disabled person must be found to be disabled and unable to
discharge the duties of his position upon an examination made by a
physician appointed by the board of trustees. During the period any person
is in receipt of ordinary disability pension, such person shall continue to
make the contributions provided under Section 19-101 of this Division.
When such disabled person shall have recovered from such disability he or
she shall be removed from the disability roll and shall be restored to his
or her position in the service.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/19-114) (from Ch. 108 1/2, par. 19-114)
Sec. 19-114. 
		Certificate of disability.
No contributor shall receive any benefit from said fund on account of
disability unless there be filed with the board of trustees of the fund a
certificate of his disability which certificate shall be subscribed and
sworn to by the house of correction physician (if there be one) and one
practicing physician of the city where such house of correction is located.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/19-115) (from Ch. 108 1/2, par. 19-115)
Sec. 19-115. Marriage of beneficiary. 
					When any contributor to said fund, who has been in the service of the
house of correction for a period of 20 years, has contributed to said fund
for the same period and has retired and become a beneficiary under "The
1911 Act" or this Division, shall then marry, such wife of such marriage
shall after his death receive no benefit nor annuity from said fund.
Any widow or child or children receiving benefits or annuities, under
"The 1911 Act", shall continue to receive such benefits or annuities, which
shall be increased from $480 per year to not more than $720 per year and
paid in accordance with the provisions of Section 19-110 of this Division.
The term "child" or "children" under this Division shall not include
adopted child or children, nor shall it include a stepchild or stepchildren
of any contributor to aforesaid pension fund.
(Source: P.A. 95-279, eff. 1-1-08.)
(40 ILCS 5/19-116) (from Ch. 108 1/2, par. 19-116)
Sec. 19-116. 
		Deductions certified monthly to treasurer.
The chairman of the board of inspectors and the superintendent of the
house of correction shall certify monthly to the treasurer all amounts
deducted in accordance with the provisions of this Division from the
salaries paid by the house of correction, which amounts, as well as all
other sums contributed to said fund under the provisions of this Division,
shall be set apart and held by said treasurer for the purpose hereinbefore
specified, subject to the order of said board of trustees and shall be paid
out upon warrants signed by the president and secretary of said board of
trustees.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/19-117) (from Ch. 108 1/2, par. 19-117)
Sec. 19-117. 
		Exemptions-Assignments.
All annuities granted under the provisions of this Division shall be
exempt from attachment and garnishment process and no annuitant shall have
the right to transfer or assign his or her annuity either by way of
mortgage or otherwise.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/19-118) (from Ch. 108 1/2, par. 19-118)
Sec. 19-118. 
		Interference with enforcement-Penalties-Repeal.
Any person who shall directly or indirectly avoid or seek to avoid any
or all the provisions of this Division, or shall directly or indirectly
interfere with, or obstruct the enforcement of any of the provisions of
this Division, shall be guilty of a Class B misdemeanor.
This law shall take preference over all other laws and all laws and
parts of laws which are inconsistent with this Division or any provisions
hereof are hereby repealed.
(Source: P.A. 77-2560.)
(40 ILCS 5/19-119) (from Ch. 108 1/2, par. 19-119)
Sec. 19-119. 
		General provisions and savings clause.
The provisions of Article 1 and Article 23 of this Code apply to this
Division as though such provisions were fully set forth in this Division as
a part thereof.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/19-120) (from Ch. 108 1/2, par. 19-120)
Sec. 19-120. 
		House of Correction Employees' Pension Fund superseded. 
		
		Any House of Correction Employees' Pension Fund in operation on December
31, 1968, in a city having a population exceeding 150,000 inhabitants, by
virtue of and under the provisions of this Article 19, Division 1, Sec.
19-101 to 19-119, both inclusive, of the "Illinois Pension Code",
approved March 18, 1963, as amended, shall be superseded by and merged,
effective and as of January 1, 1969, into the fund in operation in such
city for municipal employees on such date under the provisions of and by
virtue of Article 8, Sec. 8-101 to 8-253, both inclusive, of the
"Illinois Pension Code", approved March 18, 1963, as amended.
On such January 1, 1969, or as soon as possible and practicable
thereafter, all monies, securities, assets, records, and other property of
such house of correction employees' pension fund shall be transferred by
the board of trustees of such fund to the custody and ownership of the
retirement board of the annuity and benefit fund, in operation in such city
under and by virtue of the provisions of the aforementioned Article 8 of
the "Illinois Pension Code", and such house of correction employees'
pension fund shall thereupon cease to exist as a separate fund.
The retirement board of the fund into which said house of correction
employees' pension fund is to be merged, shall assume all of the
liabilities of such superseded fund, and all annuities, pensions, refunds
and benefits allowed by the board of trustees of the superseded fund prior
to January 1, 1969, shall, from and after such date, be paid by the
retirement board in accordance with the law then applicable thereto, and if
allowed shall be paid from the fund superseding the house of correction
employees' pension fund.
(Source: Laws 1968, p. 179.)
(40 ILCS 5/Art. 19 Div. 2 heading)
DIVISION 2.  
		PUBLIC LIBRARY EMPLOYES'
PENSION FUND
(40 ILCS 5/19-201) (from Ch. 108 1/2, par. 19-201)
Sec. 19-201. 
		Fund - How created. 
		The board of directors of public libraries organized under an Act of the
General Assembly of the State of Illinois, entitled "An Act to authorize
cities, incorporated towns and townships to establish and maintain free
public libraries and reading rooms", approved and in force March 7, 1872,
and maintained thereunder in cities having a population exceeding 500,000
inhabitants shall have power and it shall be its duty to create a public
library employes' pension fund, which shall consist of amounts retained
from the salaries or wages of employes, as hereinafter provided, which
amounts shall be deducted in equal monthly installments from such salaries
or wages at the regular time or times of the payment thereof, all fees or
penalties collected for retention of books beyond the time prescribed by
rule of the board of directors by virtue of by-laws, rules and regulations
adopted under authority of Section 5 of the Act herein referred to by its
title and such other moneys derived from miscellaneous sources as the
board of directors shall determine.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/19-202) (from Ch. 108 1/2, par. 19-202)
Sec. 19-202. 
		The 1905 Act. 
		For the purposes of this Division the term "The 1905 Act" means "An Act
to provide for the formation and disbursement of a public library employes'
pension fund in cities having a population exceeding 500,000 inhabitants",
approved May 12, 1905, as amended.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/19-203) (from Ch. 108 1/2, par. 19-203)
Sec. 19-203. 
		Ineligibility for benefits. 
		Notwithstanding any other provision of this Division, none of the
benefits herein provided for shall be paid to any person who is convicted
of any felony relating to or arising out of or in connection with his
service as an employe.
This section shall not operate to impair any contract or vested right
acquired prior to July 11, 1955, under "The 1905 Act" nor to preclude the
right to a refund.
All future entrants shall be deemed to have consented to the provisions
of this section as a condition of coverage.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/19-204) (from Ch. 108 1/2, par. 19-204)
Sec. 19-204. 
		"Employe" defined - Withdrawals regulated. 
		The term "employe" under this Division shall include all persons in the
employ of the public library board prior to July 8, 1955, receiving a
stipulated salary per annum; all persons in the employ of the board of
trustees of such Public Library Employes' Pension Fund, prior to July 8,
1955, receiving a stipulated salary; all persons who are contributors to
this fund and have contributed to this fund for a period of at least 1 year
and who may be transferred to any other department of the city or board of
education by reason of the fact that the functions performed by such
persons have been transferred from the jurisdiction of the library board to
that of such other department of the city or board of education; and this
Division shall apply only to those employes who voluntarily accept and
agree to comply with its provisions.
Any employe, a part of whose salary may be set apart to provide for such
fund may be released from the necessity of making further payments to said
fund by filing a written notice of his or her desire to withdraw from
complying with the provisions of this Division with the board of trustees
hereinafter mentioned, which resignation shall operate and go into effect
immediately upon its receipt by said board of trustees.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/19-205) (from Ch. 108 1/2, par. 19-205)
Sec. 19-205. 
		Custodian of fund - Bond - Filing - Breach. 
		The city treasurer subject to the control and direction of the board of
trustees hereinafter mentioned, shall be the custodian of said pension
fund, and shall secure and safely keep the same and shall keep books and
accounts concerning said fund, in such manner as may be prescribed by the
said board of trustees, which said books and accounts shall always be
subject to the inspection of said board of trustees, or any member thereof.
The city treasurer shall, within 10 days after his election or
appointment, execute a bond to the city, with good and sufficient sureties,
in such penal sum as the said board of trustees shall direct, which said
bond shall be approved by the said board of trustees, and shall be
conditioned for the faithful performance of the duties of said office, and
that he will safely keep and well and truly account for all moneys
belonging to said pension fund, and all interest thereon, which may come
into his hands as such treasurer, and that upon the expiration of his term
of office, or upon his retirement therefrom for any cause, he will
surrender and deliver over to his successor all unexpended moneys, with
such interest as he may have received thereon, and all property which may
have come into his hands as treasurer of said pension fund. Such bonds
shall be filed in the office of the city clerk of said city, and in case of
a breach of the same, or the conditions thereof, suit may be brought on the
same in the name of the said city for the use of said board of trustees, or
any person or persons injured by such breach.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/19-206) (from Ch. 108 1/2, par. 19-206)
Sec. 19-206. 
		Trustees of fund - Powers and duties. 
		The board of directors of such library shall, in the month of September,
immediately following the passage of "The 1905 Act", arrange for the
election of a board of trustees of said pension fund composed of 5 members,
to be chosen as hereinafter provided, which election shall be held not
later than October 31st of the same year. Said board of trustees shall have
power, and it shall be its duty to administer said fund and to carry out
the provisions of this Division, and for the purpose of enabling such board
of trustees to perform the duties imposed and exercise the powers created
by this Division, the board of trustees shall be and is hereby declared to
be a body politic and corporate.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/19-207) (from Ch. 108 1/2, par. 19-207)
Sec. 19-207. 
		Trustees - How constituted - Election. 
		The said board of trustees shall consist of the president and secretary
of the board of directors of such public library, 2 employes contributing
to said fund and 1 other member of said board of directors. The president
and secretary of such board of directors shall be ex-officio members of
such board of trustees. The 3 other members of such board of trustees shall
be elected by ballot by the employes contributing to said fund at the time
and for the terms, respectively, as follows: At the first election the
contributors to said fund shall elect 1 of their number to serve for the
term of 1 year and 1 of their number to serve for the term of 2 years and
annually thereafter said contributors shall elect 1 of their number to hold
office for the term of 2 years. At each election the contributors shall
elect a member of the board of directors of such public library to serve as
a member of such board of trustees for a term of 1 year.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/19-208) (from Ch. 108 1/2, par. 19-208)
Sec. 19-208. 
		Trustees - Vacancy - Powers and duties. 
		Whenever any elective member of the board of trustees shall cease to be
in the employ of or to be a member of said board of directors of such
public library, his or her membership in said board of trustees shall
cease.
Said board of trustees shall have power and it shall be its duty:
(1) To determine the amount which shall be deducted from the salaries or
wages paid to employees for the benefit of said pension fund: Provided, the
amount of such deduction shall not be less than the equivalent of 6% of the
salary or wages of such employe.
(2) To make all payments from said pension fund pursuant to the
provisions of this Division.
(3) To administer and invest in its discretion any part of the said
pension fund remaining in the hands of said treasurer.
(4) To pay all necessary expenses in connection with the administration
of said fund and in carrying out the provisions of this Division for which
provision is not otherwise made.
(5) To determine the amount to be paid as benefits or annuities under
this act and to increase or reduce the same in its discretion: Provided,
that the amount paid as benefit or annuity shall not be increased or
reduced after a contributor has become an annuitant.
(6) To take by gift, grant or bequest, or otherwise, any money or
property of any kind and hold the same for the benefit of said fund.
(7) To purchase, hold, sell or assign and transfer any of the securities
in which said fund or any part thereof may be invested, subject to the
approval of the board of directors of such public library.
(8) To exempt any of said employes from the operation of this Division,
whenever in its judgment the interests of said fund shall render such
exemption necessary and advisable.
(9) To fill any vacancy or vacancies in said board of trustees until the
next annual election, as hereinbefore provided.
(10) To make and establish all such rules for the transaction of its
business and such other rules, regulations and by-laws as may be necessary
for the proper administration of said fund committed to its charge, and the
performance of the duties imposed upon it.
(11) It shall keep full and complete records of its meetings and of the
receipts and disbursements on account of such fund, and also complete lists
of all contributors to said fund, and of all annuitants receiving benefits
therefrom, and such other records as in its judgment shall seem necessary,
and shall make and publish annually a full and complete statement of its
financial transactions.
(12) Said board shall hear and determine all applications for benefits
under this Division, and shall have power to suspend any annuity whenever
the annuitant becomes actively employed by another public body within the
State of Illinois; whenever, in its judgment, the disability of such
beneficiary has ceased; or for other good cause.
(13) To compromise, settle or liquidate any claim against said fund, by
surrendering the contribution or contributions of any individual or
individuals, and make the necessary rules, prescribing the terms under
which such settlements may be made, providing there shall be no rule
allowing restitution of deductions from salaries after the contributor
shall have become eligible to an annuity under this Division.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/19-209) (from Ch. 108 1/2, par. 19-209)
Sec. 19-209. 
		Beneficiaries of fund. 
		Any employe who shall have attained the age of 55 years, and shall have
been an employe for a period of 10 years, and shall have contributed to
said fund for the same period, shall have the right to retire and become a
beneficiary under this Division, and to receive such benefit or annuity
from said fund as shall be determined by said board of trustees, which said
benefit or annuity shall be proportionate to the scale of pensions
enumerated in Section 19-211 of this Division.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/19-210) (from Ch. 108 1/2, par. 19-210)
Sec. 19-210. 
		
		Benefit to widow, next of kin, designated beneficiary, or
estate. Upon the death of any contributor or pensioner, the board of trustees
shall pay an amount equal to a refund of contributions as provided in
Section 19-215 of this Division: (a) to the widow of such deceased
contributor or pensioner, or (b) if there be no widow then to the
children, under the age of 18, of such deceased contributor or
pensioner, share and share alike, or (c) if there be no widow or
children under the age of 18, such amount may be paid to a beneficiary
designated in writing to the board of trustees by such contributor or
pensioner, or (d) if there be no widow, or children under the age of 18,
or designated beneficiary, or if there be a beneficiary designated and
such beneficiary shall predecease the contributor or pensioner, then
such sum shall be paid to the executor or administrator of the estate of
such deceased person provided, that if the estate of such contributor or
pensioner shall come within the provisions of Article XXV of the Probate
Act of 1975, as amended, such amount may be paid out under
the provisions of said Article; and further provided, that wherever any
benefits have been paid to a contributor or pensioner during his life
time, the amount paid under this section shall be decreased by the total
amount previously paid to such contributor or pensioner.
(Source: P.A. 81-264.)
(40 ILCS 5/19-211) (from Ch. 108 1/2, par. 19-211)
Sec. 19-211. 
		
		Annuitants - Retirement from service - Notice - Amount of
pension. Any person who has been an employe for a period of 20 years or more
who shall have attained the age of 50 years, and is a contributor to said fund,
and shall have contributed to said fund for the same period, may retire
upon 60 days' notice to be given to said board of trustees unless such
notice is waived by said board of trustees, and become an annuitant under
this act and be entitled to a monthly pension of $60. Provided, that for
every additional full year of service after 20 years rendered before such
retirement, an increase of $7 per month shall be added to the monthly
pension allowed until the maximum of $200 per month shall have been
attained; And, provided further, that no pension shall exceed 60% of the
maximum annual salary received during the employe's term of service.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/19-212) (from Ch. 108 1/2, par. 19-212)
Sec. 19-212. 
		Amount of pension - "Average monthly salary" defined. 
		Any employee who is contributing and has contributed to this fund for 20
or more full years, who shall have attained the age of 60 or more years may
retire and in lieu of the pension otherwise herein provided, and at his
option, receive a monthly pension equal to 1 2/3% of such contributor's
average monthly salary for each full year of service. Provided that for any
contributor who retires under the age of 60, who has attained the age of 55
or more years and has contributed to this fund for 20 or more full years,
the amount of pension under this section shall be reduced by 1/2 of 1% per
month for each month such contributor lacks of attainment of age 60; and
provided further that in no case shall the pension exceed 60% of said
contributor's average monthly salary.
Average monthly salary is defined as the highest average monthly salary
for any 5 consecutive years in the last 10 years of service of such
contributor.
(Source: Laws 1963, p. 2034.)
(40 ILCS 5/19-213) (from Ch. 108 1/2, par. 19-213)
Sec. 19-213. 
		
		Beneficiaries to file statement of intent - right to become
beneficiary. Every person who is in the employ of the board of directors of
such library when "The 1905 Act" goes into effect and who intends to become a
beneficiary of the pension fund created thereby shall, on or before the
15th day of November succeeding the election of said board of trustees,
file a statement of such intent with said board upon blanks prepared for
that purpose. Every person who becomes an employe, after "The 1905 Act" has
taken effect and who intends to become a beneficiary under "The 1905 Act"
or this Division shall within 6 months after such entry file a statement of
such intent with said board of trustees upon blanks prepared for that purpose.
Provided that after July 16, 1941, employes of the board of trustees of
such Public Library Employes' Pension Fund, who become eligible to
participate in the benefits of said fund shall have the right, upon filing
a statement of intent with the board of trustees, to become a beneficiary
of such pension fund, to contribute to such pension fund an amount
equivalent to the contributions which would have been paid to that date had
the person become a contributor at the time "The 1905 Act" became effective
or became a contributor at the date of his entry into the service of the
board of trustees of the Public Library Employes' Pension Fund, and to be
credited with length of service for the period for which contributions
shall have been paid.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/19-214) (from Ch. 108 1/2, par. 19-214)
Sec. 19-214. 
		Retirement for disability - Notice - Annuity. 
		Any person who has contributed to said fund for a period for 10 years or
more may retire on account of serious disability, rendering him or her
unable to properly discharge his or her duties, upon 90 days' notice to be
given to said board of trustees (unless such notice is waived by said board
of trustees) and may become an annuitant under this Division, and shall
thereupon be entitled to receive for a period of 2 years (which may be
extended upon proof of continued disability) such part of the annuity then
allowed under the rules of said trustees, as said trustees may determine.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/19-215) (from Ch. 108 1/2, par. 19-215)
Sec. 19-215. 
		
		Dismissals and resignations - Refund plus
interest - Reinstatement of credit in fund.
Any employe who has been contributing to said fund, and who shall be
dismissed or resign may, upon application receive the total amount paid
into said fund by such person so dismissed or resigning plus interest at
the rate of 4% per annum to the date of such dismissal or resignation;
provided, however, that no interest shall accrue or shall be paid on such
amount in the case of any person becoming an employe and a contributor to
this fund on or after July 21, 1947.
Any present contributor to this fund who shall have received a refund of
prior contributions from this fund may at any time prior to July 1, 1959,
repay to this fund the amount of such refund together with interest at four
per cent per annum from the date of refund to the date of repayment, and
credit for such length of service shall be restored.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/19-216) (from Ch. 108 1/2, par. 19-216)
Sec. 19-216. 
		Retirement Systems Reciprocal Act. 
		The "Retirement Systems Reciprocal Act", being Article 20 of this Code,
is hereby adopted and made part of this Division. Provided, that where
there is a direct conflict between the provisions of such act and the
specific provisions of this Division, such latter provisions shall prevail.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/19-217) (from Ch. 108 1/2, par. 19-217)
Sec. 19-217. 
		Monthly reports to treasurer of fund. 
		The president and secretary of the public library board shall certify
monthly to the treasurer all amounts deducted in accordance with the
provisions of this Division from the salaries paid by the public library
board, which amounts, as well as all other sums contributed to said fund
under the provisions of this Division, shall be set apart and held by said
treasurer for the purpose hereinbefore specified, subject to the order of
said board of trustees, and shall be paid out upon warrants signed by the
president and secretary of said board of trustees.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/19-218) (from Ch. 108 1/2, par. 19-218)
Sec. 19-218. 
		Annuities exempt from execution - Assignments prohibited. 
		All annuities granted under the provisions of "The 1905 Act" or this
Division shall be exempt from attachment and garnishment process, and no
annuitant shall have the right to transfer or assign his or her annuity,
either by way of mortgage or otherwise.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/19-219) (from Ch. 108 1/2, par. 19-219)
Sec. 19-219. 
		Interference with enforcement of division - Penalty. 
		Any person who shall, directly or indirectly, avoid or seek to avoid any
or all the provisions of this Division, or who shall, directly or
indirectly, interfere with, or obstruct the enforcement of any of the
provisions of this Division, shall be guilty of a Class B misdemeanor.
(Source: P.A. 77-2560.)
(40 ILCS 5/19-220) (from Ch. 108 1/2, par. 19-220)
Sec. 19-220. 
		General provisions and savings clause. 
		The provisions of Article 1 and Article 23 of this Code apply to this
Division as though such provisions were fully set forth in this Division as
a part thereof.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/19-221) (from Ch. 108 1/2, par. 19-221)
Sec. 19-221. 
		Public Library Employes' Pension Fund superseded. 
		Any Public Library Employes' Pension Fund in operation on December 31,
1965, in a city having a population exceeding 500,000 inhabitants, by
virtue of and under the provisions of this Article 19, Division 2, Sec.
19-201 to 19-220, both inclusive, of the "Illinois Pension Code" approved
March 18, 1963, shall be superseded by and merged, effective and as of
January 1, 1966, into the fund in operation in such city for municipal
employees on such date under the provisions of and by virtue of Article 8,
Section 8-101 to 8-253, both inclusive, of the "Illinois Pension Code"
approved March 18, 1963, as amended.
On such January 1, 1966, or as soon as possible and practicable
thereafter, all monies, securities, assets, records, and other property of
such public library employes' pension fund shall be transferred by the
board of trustees of such fund to the custody and ownership of the
retirement board of the annuity and benefit fund, in operation in such city
under and by virtue of the provisions of the aforementioned Article 8 of
the "Illinois Pension Code", and such public library employes' pension fund
shall thereupon cease to exist as a separate fund.
The retirement board of the fund into which said public library
employes' pension fund is to be merged, shall assume all of the liabilities
of such superseded fund, and all pensions, refunds and benefits allowed by
the board of trustees of the superseded fund prior to January 1, 1966
shall, from and after such date, be paid by the retirement board according
to the law under which they were allowed, and all claims for any pension,
refund, or benefit accrued or pending prior to January 1, 1966 under such
superseded fund, shall be allowed or refused by the retirement board in
accordance with the law then applicable thereto, and if allowed shall be
paid from the fund superseding the public library employes' pension fund.
(Source: Laws 1965, p. 2326.)