2023 Illinois Compiled Statutes › Chapter 40 - PENSIONS › 40 ILCS 5/ - Illinois Pension Code. › Article 11 - Laborers' And Retirement Board Employees' Annuity And Benefit Fund--Cities Over 500,000 Inhabitants

(40 ILCS 5/Art. 11 heading)
ARTICLE 11.  
		LABORERS' AND RETIREMENT BOARD EMPLOYEES' ANNUITY AND BENEFIT
FUND--CITIES OVER 500,000 INHABITANTS
(40 ILCS 5/11-101) (from Ch. 108 1/2, par. 11-101)
Sec. 11-101. 
		Creation of fund. 
		
		In each city of more than 500,000 inhabitants a Laborers' and Retirement
Board Employees' Annuity and Benefit Fund shall be created, set apart,
maintained and administered, in the manner prescribed in this Article, for
the benefit of the laborers and retirement board employees, herein
designated, and their beneficiaries.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-102) (from Ch. 108 1/2, par. 11-102)
Sec. 11-102. 
		Terms defined. 
		
		The terms used in this Article have the meanings ascribed to them in
Sections 11-103 to 11-124, inclusive, except when the context otherwise
requires.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-103) (from Ch. 108 1/2, par. 11-103)
Sec. 11-103. 
		Fund.
"Fund": The Laborers' and Retirement Board Employees' Annuity and
Benefit Fund herein created.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-104) (from Ch. 108 1/2, par. 11-104)
Sec. 11-104. 
		The 1935 Act.
"The 1935 Act": "An Act to provide for the creation, setting apart,
maintenance, and administration of a laborers' and retirement board
employees' annuity and benefit fund in cities having a population exceeding
two hundred thousand inhabitants", approved June 21, 1935, as amended.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-105) (from Ch. 108 1/2, par. 11-105)
Sec. 11-105. 
		Exchange of Functions Act of 1957.
"Exchange of Functions Act of 1957": "An Act in relation to an exchange
of certain functions, property and personnel among cities and park
districts having coextensive geographic areas and populations in excess of
500,000", approved July 5, 1957.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-106) (from Ch. 108 1/2, par. 11-106)
Sec. 11-106. 
		Civil Service Act. 
		"Civil Service Act": "An Act to regulate the civil service of cities",
approved March 20, 1895, as amended, superseded by the provisions of Division
1 of Article 10 of the Illinois Municipal Code, relating to civil service in cities.
(Source: P.A. 83-499.)
(40 ILCS 5/11-106.1) (from Ch. 108 1/2, par. 11-106.1)
Sec. 11-106.1. 
		"Municipal Personnel Ordinance": 
		In the case of a city
exercising constitutionally authorized home rule unit authority, an ordinance
of any city in which this Article is in force and effect, establishing a
substitute for and to supersede the "Civil Service Act" as the governing
employment system of such city.
(Source: P.A. 83-499.)
(40 ILCS 5/11-107) (from Ch. 108 1/2, par. 11-107)
Sec. 11-107. 
		Employer. 
		"Employer": A city of more than 500,000 inhabitants, the Board of
Education of such city to which this Article applies, the board of this
fund, or the retirement board
of any other annuity and benefit fund on a reserve basis in such city (one
or more employees of which have applied for participation in this fund as
provided in this Article).
(Source: P.A. 83-499.)
(40 ILCS 5/11-108) (from Ch. 108 1/2, par. 11-108)
Sec. 11-108. 
		Effective date.
"Effective Date": July 1, 1935, for any city covered by "The 1935 Act"
on the date this Article comes in effect; and the date on which any city
hereafter for the first time comes under this Article.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-109) (from Ch. 108 1/2, par. 11-109)
Sec. 11-109. 
		Retirement board or board.
"Retirement board" or "board": The Retirement Board of the Laborers' and
Retirement Board Employees' Annuity and Benefit Fund created by this
Article.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-110) (from Ch. 108 1/2, par. 11-110)
Sec. 11-110. 
		Employee, contributory, contributor or participant.
"Employee", "contributory", "contributor" or "participant":
(a) Any employee of an employer in a position classified by the civil
service commission thereof as labor service and who was appointed to such
position under the Civil Service Act, other than by temporary appointment
as defined in  said Act.
(b) Any employee in the service of an employer before the Civil Service
Act came into effect for the employer.
(c) Any person employed by the board.
(d) Any person employed by a retirement board of any other annuity and
benefit fund in such city which is on a reserve basis on the effective date
or thereafter in operation for the employer, other than the fund created by
this Article.
(e) Any person employed after July 31, 1951, by temporary appointment as
defined in Section 10 of the Civil Service Act, in a position classified
by the Civil Service Commission of the employer as labor service of the
employer; or in the case of a city operating under a municipal personnel
ordinance, any employee of an employer employed under the provisions of
such municipal personnel ordinance as labor service of the employer.
(Source: P.A. 90-31, eff. 6-27-97.)
(40 ILCS 5/11-110.1) (from Ch. 108 1/2, par. 11-110.1)
Sec. 11-110.1. 
		Gender.
The masculine gender whenever used in this Article includes the feminine
gender and all annuities and other benefits applicable to male employees
and their survivors, and the contributions to be made for widows' annuities
or other annuities, benefits, and refunds shall apply with equal force to
female employees and their survivors, without any modification or
distinction whatsoever.
(Source: P.A. 78-1129.)
(40 ILCS 5/11-111) (from Ch. 108 1/2, par. 11-111)
Sec. 11-111. 
		Present employee.
"Present employee":
(a) Any employee of an employer on the day before the effective date;
(b) Any person who becomes an employee of the board prior to the next
January 1st after the effective date who was in service on the day prior to
the effective date.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-112) (from Ch. 108 1/2, par. 11-112)
Sec. 11-112. 
		Future entrant.
"Future entrant": any employee of an employer employed for the first
time on or after the effective date.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-113) (from Ch. 108 1/2, par. 11-113)
Sec. 11-113. 
		Re-entrant.
"Re-entrant": Any employee who withdraws from service and receives a
refund, and thereafter re-enters service prior to age 65.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-114) (from Ch. 108 1/2, par. 11-114)
Sec. 11-114. 
		The service or service.
"The service" or "service": Any employment for which a contributor is
entitled to receive monetary compensation from an employer; also any
employment of a present employee prior to January 1st of the year following
the effective date in a position in which he was entitled to receive
monetary compensation from the employer.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-115) (from Ch. 108 1/2, par. 11-115)
Sec. 11-115. 
		Term of service.
"Term of service": All periods of time during which the employee shall
perform service as hereinbefore defined.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-116) (from Ch. 108 1/2, par. 11-116)
Sec. 11-116. Salary. "Salary": Annual salary of an employee as follows:
(a) Beginning on the effective date and prior to July     1, 1947, $3,000 shall be the maximum amount of annual salary of any employee to be considered for the purposes of this Article; and beginning on July 1, 1947 and prior to July 1, 1953 said maximum amount shall be $4,800; and beginning on July 1, 1953 and prior to July 8, 1957, said maximum amount shall be $6,000; and beginning on July 8, 1957, if appropriated, fixed  or arranged on an annual basis, the actual sum payable during the year if the employee worked the full normal working time in his position, at the rate of compensation, exclusive of overtime and final vacation, appropriated or fixed as salary or wages for service in the position;
(b) If appropriated, fixed or arranged on other than     an annual basis, beginning July 8, 1957, the applicable schedules specified in Section 11-217 shall be used for conversion of the salary to an annual basis;
(c) Beginning July 1, 1951, if the city provides     lodging for an employee without charge, his salary shall be considered to be $120 a year more than the amount payable as salary for the year. The salary of an employee for whom daily meals are provided by the city shall be considered to be $120 a year more for each such daily meal than the amount payable as his salary for the year;
(d) Beginning September 1, 1981, the salary of a     person who was or is an employee of a Board of Education on or after that date shall include the amount of employee contributions, if any, picked up by the employer for that employee under Section 11-170.1.
(Source: P.A. 100-201, eff. 8-18-17.)
(40 ILCS 5/11-117) (from Ch. 108 1/2, par. 11-117)
Sec. 11-117. 
		Reserve basis.
"Reserve basis": A method for the calculation of annuities from credited
sums by recognized actuarial criteria involving a designated mortality
table and a specified rate of interest.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-118) (from Ch. 108 1/2, par. 11-118)
Sec. 11-118. 
		Disability.
"Disability": A physical or mental incapacity as the result of which an
employee is unable to perform the duties of his assigned position.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-119) (from Ch. 108 1/2, par. 11-119)
Sec. 11-119. 
		Injury.
"Injury": A physical hurt resulting from external force or violence.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-120) (from Ch. 108 1/2, par. 11-120)
Sec. 11-120. 
		Withdraws from service, withdrawal from service or withdrawal.
"Withdraws from service", "withdrawal from service" or "withdrawal":
Discharge or resignation of an employee. For refund purposes a withdrawal
from service shall not be final until 30 days after the effective date of
the withdrawal.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-121) (from Ch. 108 1/2, par. 11-121)
Sec. 11-121. 
		Assets.
"Assets": The total value of cash, securities and other property held.
Bonds shall be valued at their amortized book values.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-122) (from Ch. 108 1/2, par. 11-122)
Sec. 11-122. 
		Age.
"Age": Age at last birthday preceding the date of ascertainment of age
under this Article.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-123) (from Ch. 108 1/2, par. 11-123)
Sec. 11-123. 
		
		Effective rate of interest, interest at the effective rate or
interest.
"Effective rate of interest", "interest at the effective rate" or
"interest": Interest at 4% per annum for an employee who was a contributor
on January 1, 1952; and at 3% per annum for an employee who becomes a
contributor after January 1, 1952. In all cases involving reserves,
credits, transfers, and charges, "effective rate of interest", "interest at
the effective rate" or "interest" shall be applied at these rates.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-124) (from Ch. 108 1/2, par. 11-124)
Sec. 11-124. 
		Annuity.
"Annuity": Equal monthly payments for life, unless terminated earlier under
Section 11-148, 11-152, 11-153, or 11-230.
For annuities taking effect before January 1, 1998, the first payment shall
be due and payable one month after the occurrence of the event upon which
payment of the annuity depends.  Until August  1, 1999, payment
shall be made for any part of a monthly period in which death of the annuitant
occurs.  Beginning August 1, 1999, all payments shall be made on the first
day of the calendar month and shall be for the entire calendar month, without
proration.  The last payment shall be made on the first day of the calendar
month in which the annuity payment period ends.  A pro rata amount shall be
paid for that part of the month from the July 1999 annuity payment date
through July 31, 1999.
For annuities taking effect on or after January 1, 1998,
payments shall be made as of the first day of the calendar month, with the
first payment to be made as of the first day
of the calendar month coincidental with or next following the first day of the
annuity payment period, and the last payment to be made as of the first day of
the calendar month in which the annuity payment
period ends.  For annuities taking effect on or after January 1, 1998, all
payments shall be for the entire calendar month, without proration.
For the purposes of this Section, the "annuity payment period" means the
period beginning on the day after the occurrence of the event upon which
payment of the annuity depends, and ending on the day upon which the death of
the annuitant or other event terminating the annuity occurs.
(Source: P.A. 90-31, eff. 6-27-97; 91-887, eff. 7-6-00.)
(40 ILCS 5/11-125) (from Ch. 108 1/2, par. 11-125)
Sec. 11-125. 
		Persons to whom article does not apply. 
		(A) This Article does not apply to any of the following persons:
(a) Any person employed prior to August 1, 1951 by such city, or
board of education of such city by temporary appointment as defined in
Section 10 of the Civil Service Act;
(b) Any person employed by such city or the board of education of
such city or the retirement board of any other annuity and benefit fund
operating on a reserve basis in such city while he is eligible to
contribute thereto;
(c) Any person receiving a pension or annuity other than widow's or
child's annuity, from a fund described in subparagraph (b) above;
(d) Any person who enters service at age 65 or over prior to January
1, 1979, or who enters the service at age 70 or more subsequent to January 1, 1979;
(e) Any person transferred to the employment of such city by virtue
of the "Exchange of Functions Act, 1957".
(B) The board of trustees may, by resolution, exclude persons who become
employees after June 30, 1979 as public service employment program
participants under the Federal Comprehensive Employment and Training Act
and whose wages or fringe benefits are paid in whole or in part by funds
provided under such Act.
(Source: P.A. 84-159.)
(40 ILCS 5/11-125.1) (from Ch. 108 1/2, par. 11-125.1)
Sec. 11-125.1. 
		
		(a) Any active member of the General Assembly Retirement
System may apply for transfer of his credits and creditable service accumulated
under this Fund to the General Assembly System. Such credits and creditable
service shall be transferred forthwith.  Payment by this Fund to the General
Assembly Retirement System shall be made at the same time and shall consist of:
(1) the amounts accumulated to the credit of the applicant, including
interest, on the books of the Fund on the date of transfer, but excluding
any additional or optional credits, which credits shall be refunded to the
applicant; and
(2) municipality credits computed and credited under this Article including
interest, on the books of the Fund on the date the member terminated service
under the Fund.  Participation in this Fund as to any credits transferred
under this Section shall terminate on the date of transfer.
(b) An active member of the General Assembly who has service credits and
creditable service under the Fund may establish additional service credits
and creditable service for periods during which he was an elected official
and could have elected to participate but did not so elect.  Service credits
and creditable service may be established by payment to the fund of an amount
equal to the contributions he would have made if he had elected to participate,
plus interest to the date of payment.
(c) An active member of the General Assembly may reinstate service and
service credits terminated upon receipt of a separation benefit, by payment
to the Fund of the amount of the separation benefit plus interest thereon
to the date of payment.
(Source: P.A. 80-1419; 80-1438.)
(40 ILCS 5/11-125.2) (from Ch. 108 1/2, par. 11-125.2)
Sec. 11-125.2. 
		Validation of service credits. 
		An active member of
the General Assembly having no service credits or creditable service in
the Fund, may establish service credit and creditable service for
periods during which he was an employee of an employer in an elective
office and could have elected to participate in the Fund but did not so
elect.  Service credits and creditable service may be established by
payment to the Fund of an amount equal to the contributions he would
have made if he had elected to
participate plus interest to the date of
payment, together with a like amount as the applicable municipality
credits including interest, but the total period of such creditable
service that may be validated shall not exceed 8 years.
(Source: P.A. 81-1536.)
(40 ILCS 5/11-125.3) (from Ch. 108 1/2, par. 11-125.3)
Sec. 11-125.3. 
		
		(a) Persons otherwise required or eligible to participate
in the Fund who elect to continue participation in the General Assembly
System under Section 2-117.1 may not participate in the Fund for the duration
of such continued participation under Section 2-117.1.
(b) Upon terminating such continued participation, a person may transfer
credits and creditable service accumulated under Section 2-117.1 to this
Fund, upon payment to the Fund of (1) the amount by which the employer and
employee contributions that would have been required if he had participated
in this Fund during the period for which credit under Section 2-117.1 is
being transferred, plus interest, exceeds the amounts actually transferred
under that Section to the Fund, plus (2) interest thereon at 6% per annum
compounded annually from the date of such participation to the date of payment.
(Source: P.A. 82-342.)
(40 ILCS 5/11-125.4) (from Ch. 108 1/2, par. 11-125.4)
Sec. 11-125.4. 
		Validation of Service. 
		Every participant in the Fund
on the effective date of this amendatory Act of 1983 shall be deemed to
have been an employee throughout the entire period of his service during
which he was a contributor and participant and for which period of service
he is credited with the required contributions to the Fund for annuity
purposes. The period or term of service credited shall be based on the
applicable provisions of this Article.  Any past service credited or
annuity granted to any participant and contributor prior to the effective
date of this amendatory Act of 1983, based on the service of any
participant and contributor prior to or subsequent to the effective date of
the "Municipal Personnel Ordinance" of Chicago or the "Illinois Municipal
Code" relating to civil service of cities, shall be deemed validly credited
or granted for all purposes of this Article.
(Source: P.A. 83-499.)
(40 ILCS 5/11-125.5) (from Ch. 108 1/2, par. 11-125.5)
Sec. 11-125.5. Transfer of creditable service to Article 8, 9, or 13
Fund.
(a) Any city officer as defined in Section 8-243.2 of this Code, any county
officer elected by vote of the people (and until March 1, 1993 any other person
in accordance with Section 9-121.11) who is a participant in the pension fund
established under Article 9 of this Code,  and any elected sanitary district
commissioner who is a participant in a pension fund established under Article
13 of this Code, may apply for transfer of his credits and creditable service
accumulated under this Fund to such Article 8, 9, or 13 fund.  Such creditable
service  shall be transferred forthwith.  Payments by this Fund to the Article
8, 9, or 13 fund shall be made at the same time and shall consist of:
(1) the amounts accumulated to the credit of the     applicant, including interest, on the books of the Fund on the date of transfer, but excluding any additional or optional credits, which credits shall be refunded to the applicant; and
(2) municipality credits computed and credited under     this Article, including interest, on the books of the Fund on the date the applicant terminated service under the Fund.
Participation in this Fund as to any credits transferred under this
Section shall terminate on the date of transfer.
(b) Any such elected city officer, county officer, or sanitary
district commissioner who has credits and creditable service under the Fund
may establish additional credits and creditable service for periods during
which he could have elected to participate but did not so elect. Credits
and creditable service may be established by payment to the Fund of an
amount equal to the contributions he would have made if he had elected to
participate, plus interest to the date of payment.
(c) Any such elected city officer, county officer, or sanitary
district commissioner may reinstate credits and creditable service
terminated upon receipt of a separation benefit, by payment to the Fund of
the amount of the separation benefit plus interest thereon to the date of
payment.
(Source: P.A. 100-201, eff. 8-18-17.)
(40 ILCS 5/11-125.6) (from Ch. 108 1/2, par. 11-125.6)
Sec. 11-125.6. 
		Age Discrimination. 
		Notwithstanding any other
provisions in this Article, it is the intention of the General Assembly to
comply with the federal Age Discrimination in Employment Act of 1967, as
amended by the Age Discrimination in Employment Amendments of 1986 and the
Omnibus Budget Reconciliation Act of 1986, as required with respect to
benefits for older individuals.  For this purpose, if required, the
following changes shall govern with respect to other Sections of this
Article, effective January 1, 1988 unless otherwise specified.
(1) Contributions.  Beginning immediately, the spouse contribution
shall not cease at age 65, but shall continue during the term of service.
Beginning immediately, concurrent city contributions shall be made
during the term of service.
(2) Money purchase accounts "fixed" at age 65.  Beginning January 1,
1988, for all purposes, accruals after age 65 for the accounts of those
employees who have not withdrawn or retired shall be "unfixed" with
interest from the date fixed to January 1, 1988, without any contribution
from the time originally fixed until the effective date of this amendatory
Act of 1989.  Thereafter, all
money purchase accounts shall not be "fixed", but shall continue to accrue
until time of withdrawal.  No contributions are permitted from the time
"fixed" until the time "unfixed".
(3) Employee money purchase annuity after age 65.  Beginning January 1,
1988, all money purchase annuities shall be computed without limitation for
age at time of withdrawal and without being "fixed" at any limiting age.
(4) Disability benefits.  Beginning January 1, 1987, the age 70 limitation is removed.
(5) Widows and wives not entitled to annuity.  Beginning January 1,
1988, there shall be no requirement that marriage take place before the
employee attained age 65.  Any "no spouse" refund must be repaid with
interest before a spouse annuity is payable.
(6) Children.  Beginning January 1, 1988, there shall be no age 65
requirement on the employee age for a child's annuity.
(7) Service credit.  Beginning January 1, 1987, service credit shall
include any period of disability after age 70 for which the participant
receives Workers' Compensation benefits and during which the participant
did not receive a disability benefit from the fund but could have except
for the age 70 limitation.
(8) Compensation and supplemental annuities.  The age condition shall remain at 65.
(9) Accounting.  Beginning January 1, 1988, or as soon as practical, the
Annuity Payment Fund Accounts and the Prior Service Fund Accounts "fixed"
shall be "unfixed" and the appropriate amounts returned to the Salary
Deduction Fund Account and the corresponding City Contribution Fund Account.
(10) Refunds.  Beginning immediately, there shall be no in-service
distribution of a "no spouse" refund.  Such distribution, if any, shall be
made as otherwise provided.  Likewise, there shall be no other refund
of deductions after fixed or excess cost.  Any "no spouse" refund must be repaid with
interest before a spouse annuity is payable.
(11) Re-entry into service.  Beginning January 1, 1988, for any re-entry
into service after age 65, the employee's money purchase annuity and the
widow's money purchase annuity may be recomputed if it is more beneficial to do so.
(12) Membership.  Beginning January 1, 1988, the age 70 limitation for
membership shall be removed if federal law or regulation should require it.
 Accordingly, any person age 70 or older may elect to have this Article
apply by filing written notice of such intent with the retirement board
within 4 months after the date of entering service.
(13) Computation.  Benefits using accruals after age 65 will begin to be
computed January 1, 1988.  No benefits will be recomputed for any annuitant
who has withdrawn before January 1, 1988.
(Source: P.A. 86-272.)
(40 ILCS 5/11-125.7) (from Ch. 108 1/2, par. 11-125.7)
Sec. 11-125.7. 
		Transfer to Article 18 system. 
		Any active member of the
Judges Retirement System who is eligible to transfer service credit to that
System from this Fund under subsection (g) of Section 18-112 may apply for
transfer of that service credit to the Judges Retirement System.  The
credits and creditable service shall be transferred upon application, and
shall include payment by this Fund to the Judges Retirement System of:
(1) the amounts accumulated to the credit of the     applicant for that service, including interest, on the books of the Fund on the date of transfer; and
(2) the corresponding employer credits computed and     credited for that service under this Article, including interest, on the books of the Fund on the date of transfer.
Participation in this Fund as to the credits transferred under this
Section shall terminate on the date of transfer.
(Source: P.A. 87-1265.)
(40 ILCS 5/11-125.8)
Sec. 11-125.8. 
		Service as police officer, firefighter, or teacher.
(a) Service rendered by an employee as a police officer and member of the
regularly constituted police department of the city, or as a firefighter
and regular member of the paid fire department of the city, or as a teacher
in the public school system in the city shall be counted, for the purposes
of this Article, as service rendered as an employee of the city.  Salary
received for any such service shall be treated, for the purposes of this
Article, as salary received for the performance of duty as an employee.
(b) Credit shall be granted under subsection (a) only if (1) the employee
pays to the Fund prior to his or her separation from service an amount
equal to the employee contributions that would have been payable for that
service, based on the salary actually received, plus interest at the effective
rate, and (2) the employee has terminated any credit for that service
earned in any other annuity and benefit fund or pension fund in operation
in the city for the benefit of police officers, firefighters, or
teachers.  The amount transferred to the Fund under item (1) of Section
5-233.1, if any, shall be credited against the contributions required under
this subsection.
(Source: P.A. 92-599, eff. 6-28-02.)
(40 ILCS 5/11-125.9)
Sec. 11-125.9 Action by Fund against third party; subrogation. In those cases where the injury or death for which a disability or death benefit is payable under this Article was caused under circumstances creating a legal liability on the part of some person or entity (hereinafter "third party") to pay damages to the employee, legal proceedings may be taken against such third party to recover damages notwithstanding the Fund's payment of or liability to pay disability or death benefits under this Article. In such case, however, if the action against such third party is brought by the injured employee or his or her personal representative and judgment is obtained and paid, or settlement is made with such third party, either with or without suit, from the amount received by such employee or personal representative, then there shall be paid to the Fund the amount of money representing the death or disability benefits paid or to be paid to the disabled employee pursuant to the provisions of this Article. In all circumstances where the action against a third party is brought by the disabled employee or his or her personal representative, the Fund shall have a claim or lien upon any recovery, by judgment or settlement, out of which the disabled employee or his or her personal representative might be compensated from such third party. The Fund may satisfy or enforce any such claim or lien only from that portion of a recovery that has been, or can be, allocated or attributed to past and future lost salary, which recovery is by judgment or settlement. The Fund's claim or lien shall not be satisfied or enforced from that portion of a recovery that has been, or can be, allocated or attributed to medical care and treatment, pain and suffering, loss of consortium, and attorney's fees and costs.
Where action is brought by the disabled employee or his or her personal representative, he or she shall forthwith notify the Fund, by personal service or registered mail, of such fact and of the name of the court where such suit is brought, filing proof of such notice in such action. The Fund may, at any time thereafter, intervene in such action upon its own motion. Therefore, no release or settlement of claim for damages by reason of injury to the disabled employee, and no satisfaction of judgment in such proceedings, shall be valid without the written consent of the Board of Trustees authorized by this Code to administer the Fund created under this Article, except that such consent shall be provided expeditiously following a settlement or judgment.
In the event the disabled employee or his or her personal representative has not instituted an action against a third party at a time when only 3 months remain before such action would thereafter be barred by law, the Fund may, in its own name or in the name of the personal representative, commence a proceeding against such third party seeking the recovery of all damages on account of injuries caused to the employee. From any amount so recovered, the Fund shall pay to the personal representative of such disabled employee all sums collected from such third party by judgment or otherwise in excess of the amount of disability or death benefits paid or to be paid under this Article to the disabled employee or his or her personal representative, and such costs, attorney's fees, and reasonable expenses as may be incurred by the Fund in making the collection or in enforcing such liability. The Fund's recovery shall be satisfied only from that portion of a recovery that has been, or can be, allocated or attributed to past and future lost salary, which recovery is by judgment or settlement. The Fund's recovery shall not be satisfied from that portion of the recovery that has been, or can be, allocated or attributed to medical care and treatment, pain and suffering, loss of consortium, and attorney's fees and costs.
Additionally, with respect to any right of subrogation asserted by the Fund under this Section, the Fund, in the exercise of discretion, may determine what amount from past or future salary shall be appropriate under the circumstances to collect from the recovery obtained on behalf of the disabled employee.
This Section applies only to persons who first become members or participants under this Article on or after the effective date of this amendatory Act of the 100th General Assembly.
(Source: P.A. 100-23, eff. 7-6-17.)
(40 ILCS 5/11-126) (from Ch. 108 1/2, par. 11-126)
Sec. 11-126. 
		Prior service annuity-When due.
A "Prior Service Annuity" shall be credited to present employees in
accordance with "The 1935 Act" for service rendered prior to the
effective date.
Each such credit shall be improved by interest at the effective rate
during the time the employee is in service until his annuity is fixed. In
determining such credit, the employee's annual salary for his entire period
of prior service shall be the salary in effect on the effective date.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-127) (from Ch. 108 1/2, par. 11-127)
Sec. 11-127. 
		Age and service annuity.
An "Age and Service Annuity" shall be credited employees for service
rendered after the effective date.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-128) (from Ch. 108 1/2, par. 11-128)
Sec. 11-128. 
		
		Annuities - Present employees and future entrants
attaining age 65 in service.
(a) A present employee who attains age 65 or more in service, having
age and service and prior service annuity credits sufficient to provide
an annuity as of his age at such time equal to the amount he would have
had if employee contributions and
city contributions had been made in
accordance with this Article during his entire term of service until age
65, shall be entitled to such annuity upon withdrawal.
(b) A present employee who attains age 65 or more in service, and
who does not have the credits described in paragraph (a), shall be
entitled, on the date of withdrawal, to such age and service annuity and
prior service annuity provided from the entire sum accumulated to his
credit therefor on the date of his withdrawal computed as of his age on
such date of withdrawal.
(c) A future entrant who attains age 65 in service shall be
entitled, upon withdrawal, to age and service annuity provided from the
entire sum accumulated to his credit for such annuity computed as of his
age 65.
(Source: P.A. 81-1536.)
(40 ILCS 5/11-129) (from Ch. 108 1/2, par. 11-129)
Sec. 11-129. 
		
		Annuities-Present employees and future entrants-Withdrawal after
age 60 and prior to 65.
An employee who attains age 60 or more but less than 65 in service, upon
withdrawal, shall be entitled to annuity as follows:
1.  Present Employee--age and service and prior service annuities
provided from the total sum accumulated to his credit for such annuities on
the date of withdrawal, computed as of his age on such date of withdrawal.
2.  Future entrant--age and service annuity provided from the total sum
accumulated to his credit for such annuity on the date of withdrawal,
computed as of his age on such date of withdrawal.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-130) (from Ch. 108 1/2, par. 11-130)
Sec. 11-130. 
		
		Annuities - Present employees and future
entrants - Withdrawal after age 55 and prior to 60.
An employee who attains age 55 or more but less than age 60 in
service having 10 or more years of service at date of withdrawal shall
be entitled to annuity, from the date of withdrawal, as follows:
1.  Present employee and future entrant with 20 or more years of
service-age and service annuity provided from the total sum accumulated
to his credit from employee contributions and city contributions for
such annuity, and, for a present employee, prior service annuity from
the total sum accumulated to his credit for such annuity.
2.  Present employee and future entrant with 10 or more but less than
20 years of service-age and service annuity provided from the total sum
accumulated to his credit for such annuity
from employee contributions plus 1/10 of the accumulation for such annuity
from city contributions
for each year of service after the first 10 years and in addition, in
the case of a present employee, 1/10 of the prior service annuity
accumulated to his credit under "The 1935 Act" and this Article, for
each year of service after the first 10 years.
Any such annuity shall be computed as of the employee's age on the
date of withdrawal.
(Source: P.A. 81-1536.)
(40 ILCS 5/11-131) (from Ch. 108 1/2, par. 11-131)
Sec. 11-131. 
		
		Annuities - Present employees and future
entrants - Withdrawal before age 55.
An employee who withdraws after 10 years of service before age 55 and
attains age 55 while out of service, shall be entitled to annuity, after
attainment of age 55, as follows:
1.  Present employee and future entrant with 20 or more years of
service-age and service annuity provided from the total sum accumulated
to his credit from employee contributions and city contributions for
such annuity, and, in addition in the case of a present employee, prior
service annuity from the total sum accumulated to his credit for such
annuity.
2.  Present employee and future entrant with 10 or more but less than
20 years of service-age and service annuity provided from the total sum
accumulated to his credit for such annuities
from employee contributions plus 1/10 of the city contributions for
each year of service after the
first 10 years and in addition, in the case of a present employee, 1/10
of the total sum accumulated to his credit for prior service annuity
under "The 1935 Act" and this Article, for each year of service after
the first 10 years.
Any such annuity shall be computed as though the employee were age 55
when granted regardless of his actual age at the time of application for
annuity. An employee shall not be entitled to annuity for any period
between the date he attained age 55 and the date of application for
annuity.
(Source: P.A. 81-1536.)
(40 ILCS 5/11-132) (from Ch. 108 1/2, par. 11-132)
Sec. 11-132. 
		Annuities-Re-entry into service. 
		
		Annuity in excess of that fixed in Sections 11-129, 11-130 and 11-131
shall not be granted to any employee described therein, unless he reentered
service before age 65. If such re-entry occurs, his annuity shall be
provided in accordance with Sections 11-128 to 11-131, inclusive,
whichever are applicable.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-133) (from Ch. 108 1/2, par. 11-133)
Sec. 11-133. 
		Service after time of fixing annuity.
Service rendered after the time of fixing an annuity shall not be
considered for age and service annuity or prior service annuity.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-133.1) (from Ch. 108 1/2, par. 11-133.1)
Sec. 11-133.1. 
		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 11-155 or 11-156;
(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 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
11-134, 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 11-134.
(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 11-169
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 11-161, 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.)
(40 ILCS 5/11-133.2)
Sec. 11-133.2. 
		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, 1997, is (i) in active payroll status as an employee or (ii) receiving ordinary or duty disability benefits under Section 11-155 or 11-156;
(2) have not previously retired under this Article;
(3) file with the Board before June 1, 1998, a     written application requesting the benefits provided in this Section;
(4) withdraw from service on or after December 31,     1997 and on or before June 30, 1998; and
(5) by the date of withdrawal: (i) have attained age     55 with 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; or (ii) have attained age 50 with at least 10 years of creditable service in this Fund and a total of at least 30 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 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
11-134, 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 11-134.
(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, 1997.  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 11-169
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 11-161, 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. 90-511, eff. 8-22-97.)
(40 ILCS 5/11-133.3)
Sec. 11-133.3. Early retirement incentive.
(a) To be eligible for the benefits provided in this Section, an
employee must:
(1) have been a contributor to the Fund who (i) on     October 15, 2003, was in active payroll status as an employee; (ii) returns to active payroll status from an approved leave of absence prior to December 15, 2003; (iii) on October 15, 2003, is receiving ordinary or duty disability benefits under Section 11-155 or 11-156 or (iv) has been subjected to an involuntary termination or layoff by the employer and restored to service by his or her employer prior to January 31, 2004;
(2) have not previously retired under this Article;
(3) file with the Board on or before January 30,     2004, a written election requesting the benefits provided in this Section;
(4) withdraw from service on or after January 31,     2004 and on or before February 29, 2004 (or the date established under subsection (a-5), if applicable); and
(5) by the date of withdrawal or by January 31, 2004,     whichever is earlier, have attained age 50 with at least 10 years of creditable service in this Fund, without including any creditable service established under this Section, and a total of at least 70 combined years of age and creditable service, without including any creditable service established under this Section, in one or more of the participating systems under the Retirement Systems Reciprocal Act.
A person is not eligible for the benefits provided in this Section if the
person
elects to receive a retirement annuity
calculated under the alternative formula formerly set forth in Section
20-122.
(a-5) To ensure that the efficient operation of employers under this Article
is not jeopardized by the simultaneous retirement of large numbers of critical
personnel, each employer may, for its critical employees, extend the February 29, 2004 deadline for terminating employment under this Article established in
subdivision (a)(4) of this Section to a date not later than May 31, 2004 by
so notifying the Fund by January 31, 2004.
(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).  In addition, for each month of
creditable service established under this Section, a person's age at retirement
shall be deemed to be one month older than it actually is, except for
determination of eligibility for automatic annual increases under Sections
11-134.1 and 11-134.3.  Furthermore, an eligible employee must establish at
least the amount of age and creditable service necessary to bring his or her
age and 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 that will
satisfy the requirements of Section 11-134.
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
11-134, except that the annuity shall not be subject to reduction because of
withdrawal or commencement of the annuity before attainment of age 60.
(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 October
15, 2003.  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 not be deemed
contributions made by employees for annuity purposes under Section 11-169,
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 11-161, 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.
(f) No employer action in declaring an employee to be a critical employee pursuant to subsection (a-5) shall be construed as an impairment of any pension benefit or entitlement. No early retirement option or resultant benefit conferred under this Section shall, in any manner, vest for any employee until the earlier date of the employer's decision to release the employee from service or May 31, 2004.
(Source: P.A. 93-654, eff. 1-16-04.)
(40 ILCS 5/11-133.4)
Sec. 11-133.4. Early retirement incentive for employees who have earned
maximum pension benefits.
(a) A person who is eligible for the benefits provided
under Section 11-133.3 and who, if he or she had retired on or before February 29, 2004,
would have been entitled to a pension equal to 80% of his or her highest
average annual salary for any 4 consecutive years within the last 10 years of
service immediately preceding February 29, 2004 without receiving the benefits
provided in Section 11-133.3, may elect, by filing a written election with the
Fund by January 30, 2004, to receive a lump sum from the Fund equal to 100% of
his or her salary on February 29, 2004 or the date of
withdrawal, whichever is earlier. To be eligible to receive the benefit
provided under this Section, the person must withdraw from service on or after
January 31, 2004 and on or before February 29, 2004 (or the date established
under subsection (b), if applicable).  If a person elects to receive the
benefit provided under this Section, his or her retirement annuity otherwise
payable under Section 11-134
shall be reduced by an amount equal to the actuarial equivalent of the lump
sum.
(b) To ensure that the efficient operation of employers under this Article
is not jeopardized by the simultaneous retirement of large numbers of critical
personnel, each employer may, for its critical employees, extend the February 29,
2004 deadline for terminating employment under this Article established in
subdivision (a) of this Section to a date not later than May 31, 2004 by
so notifying the Fund by January 31, 2004.
(Source: P.A. 93-654, eff. 1-16-04.)
(40 ILCS 5/11-134) (from Ch. 108 1/2, par. 11-134)
Sec. 11-134. Minimum annuities.
(a) An employee whose withdrawal occurs after July 1, 1957 at age 60 or
over, with 20 or more years of service, (as service is defined or computed
in Section 11-216), for whom the age and service and prior service annuity
combined is less than the amount stated in this Section, shall, from and
after the date of withdrawal, in lieu of all annuities otherwise provided
in this Article, be entitled to receive an annuity for life of an amount
equal to 1 2/3% for each year of service, of the 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, shall be entitled to 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 and before January 1,
1988, with 20 or more years of service, before age 60, shall be entitled to
an annuity, to begin not earlier than age 55, if under such age at
withdrawal, as computed in the last preceding paragraph, reduced 0.25% if
the employee was born before January 1, 1936, or 0.5% if the employee was
born on or after January 1, 1936, for each full month or fractional part
thereof that his attained age when such annuity is to begin is less than 60.
Any employee born before January 1, 1936 who withdraws
with 20 or more years of service, and any employee with 20 or more years of
service who withdraws on or after January 1, 1988, may elect to receive, in
lieu of any other employee
annuity provided in this Section, an annuity for life equal to 1.80% for
each of the first 10 years of service, 2.00% for each of the next 10 years
of service, 2.20% for each year of service in excess of 20, but not
exceeding 30, and 2.40% for each year of service in excess of 30,
of the highest average annual salary for any 4
consecutive years within the last 10 years of service immediately preceding
the date of withdrawal, to begin not earlier than upon attained age of 55
years, if under such age at withdrawal, reduced 0.25% for each full month
or fractional part thereof that his attained age when annuity is to begin
is less than 60; except that an employee retiring on or after January 1,
1988, at age 55 or over but less than age 60, having at least 35 years of
service, or an employee retiring on or after July 1, 1990, at age 55
or over but less than age 60, having at least 30 years of service,
or an employee retiring on or after the effective date of this amendatory Act
of 1997, at age 55 or over but less than age 60, having at least 25 years of
service, shall not be subject to the reduction in retirement annuity because
of retirement below age 60.
However, in the case of an employee who retired on or after January 1,
1985 but before January 1, 1988, at age 55 or older and with at least 35
years of service, and who was subject under this subsection (a) to the
reduction in retirement annuity because of retirement below age 60, that
reduction shall cease to be effective January 1, 1991, and the retirement
annuity shall be recalculated accordingly.
Any employee who withdraws on or after July 1, 1990, with 20 or more
years of service, may elect to receive, in lieu of any other employee
annuity provided in this Section, an annuity for life equal to 2.20% for
each year of service if withdrawal is before January 1, 2002, or
2.40% for each year of service if withdrawal is on or after January 1,
2002, of the highest average annual salary for any 4
consecutive years within the last 10 years of service immediately preceding
the date of withdrawal, to begin not earlier than upon attained age of 55
years, if under such age at withdrawal, reduced 0.25% for each full month
or fractional part thereof that his attained age when annuity is to begin
is less than 60; 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.
Any employee who withdraws on or after the effective date of this
amendatory Act of 1997 with 20 or more years of service may elect to receive,
in lieu of any other employee annuity provided in this Section, an annuity for
life equal to 2.20% for each year of service if withdrawal is before
January 1, 2002, or 2.40% for each year of service if withdrawal is
on or
after January 1, 2002, of the
highest average annual
salary for any 4 consecutive years within the last 10 years of service
immediately preceding the date of withdrawal, to begin not earlier than upon
attainment of age 55 (age 50 if the employee has at least 30 years of service),
reduced 0.25% for each full month or remaining fractional part thereof that the
employee's attained age when annuity is to begin is less than 60; except that
an employee retiring at age 50 or over with at least 30 years of service or at
age 55 or over with at least 25 years of service shall not be subject to the
reduction in retirement annuity because of retirement below age 60.
The maximum annuity payable under this paragraph (a) of this Section
shall not exceed 70% of highest average annual salary in the case of an
employee who withdraws prior to July 1, 1971, 75% if withdrawal takes place on
or after July 1, 1971 and prior to January 1, 2002, or 80% if
withdrawal
is on or after January 1, 2002.  For the purpose of the
minimum annuity
provided in said paragraphs $1,500 shall be considered the minimum annual
salary for any year; and the maximum annual salary to be considered for the
computation of such annuity shall be $4,800 for any year prior to 1953,
$6,000 for the years 1953 to 1956, inclusive, and the actual annual salary,
as salary is defined in this Article, for any year thereafter.
(b) For an employee receiving disability benefit, his salary for annuity
purposes under this Section shall, for all periods of disability benefit
subsequent to the year 1956, be the amount on which his disability benefit
was based.
(c) An employee with 20 or more years of service, whose entire
disability benefit credit period expires prior to attainment of age 55
while still disabled for service, shall be entitled upon withdrawal to the
larger of (1) the minimum annuity provided above assuming that he is then
age 55, 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.
(d) The minimum annuity provisions as aforesaid shall not apply to any
former employee receiving an annuity from the fund, and who re-enters
service as an employee, unless he renders at least 3 years of additional
service after the date of re-entry.
(e) An employee in service on July 1, 1947, or who became a contributor
after July 1, 1947 and prior to July 1, 1950, or who shall become a
contributor to the fund after July 1, 1950 prior to attainment of age 70,
who withdraws after age 65 with less than 20 years of service, for whom the
annuity has been fixed under the foregoing Sections of this Article shall,
in lieu 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
his withdrawal, or to attainment of age 70, whichever is earlier, and had
the city contributed to such earlier date for age and service annuity the
amount that would have been 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. The annuity so computed shall not exceed the annuity which
would be payable under the other provisions of this Section if the employee
was credited with 20 years of service and would qualify for annuity
thereunder.
(f) In lieu of the annuity provided in this or in any other Section of
this Article, an employee having attained age 65 with at least 15 years of
service who withdraws from service on or after July 1, 1971 and whose
annuity computed under other provisions of this Article is less than the
amount provided under this paragraph shall be entitled 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 his service plus the sum of $25 for
each year of service. Such annual annuity shall not exceed the maximum
percentages stated under paragraph (a) of this Section of such highest
average annual salary.
(f-1) Instead of any other retirement annuity provided in this Article,
an employee who has at least 10 years of service and withdraws from service
on or after January 1, 1999 may elect to receive a retirement annuity for
life, beginning no earlier than upon attainment of age 60, equal to 2.2%
if withdrawal is before January 1, 2002, or 2.4% for each year of
service if
withdrawal is on or after January 1, 2002, of final
average salary for
each
year of service, subject to a maximum of 75% of final average salary
if withdrawal is before January 1, 2002, or 80% if withdrawal is on
or after
January 1, 2002.  For the purpose of calculating this
annuity, "final average
salary" means the highest average annual salary for any 4 consecutive years
in the last 10 years of service. Notwithstanding any provision of this subsection to the contrary, the "final average salary" for a participant that received credit under item (3) of subsection (c) of Section 11-215 means the highest average salary for any 4 consecutive years (or any 8 consecutive years if the employee first became a participant on or after January 1, 2011) in the 10 years immediately prior to the leave of absence, and adding to that highest average salary, the product of (i) that highest average salary, (ii) the average percentage increase in the Consumer Price Index during each 12-month calendar year for the calendar years during the participant's leave of absence, and (iii) the length of the leave of absence in years, provided that this shall not exceed the participant's salary at the local labor organization.  For purposes of this Section, the Consumer Price Index is the Consumer Price Index for All Urban Consumers for all items published by the United States Department of Labor.
(g) Any annuity payable under the preceding subsections of this Section
11-134 shall be paid in equal monthly installments.
(h) The amendatory provisions of part (a) and (f) of this Section shall
be effective July 1, 1971 and apply in the case of every qualifying
employee withdrawing on or after July 1, 1971.
(h-1) The changes made to this Section by Public Act 92-609 (increasing the retirement
formula to 2.4% per year of service and increasing the maximum to 80%) apply
to persons who withdraw from service on or after January 1, 2002, regardless
of whether that withdrawal takes place before the effective date of that Act.  In the case of a person who withdraws from service
on or after January 1, 2002 but begins to receive a retirement annuity before
July 1, 2002, the annuity
shall be recalculated, with the increase resulting from Public Act 92-609
accruing from the date the retirement annuity
began.  The changes made by Public Act 92-609 control over the changes made
by Public Act 92-599, as provided in Section 95 of P.A. 92-609.
(i) The amendatory provisions of this amendatory Act of 1985 relating to
the discount of annuity because of retirement prior to attainment of age 60
and increasing the retirement formula for those born before January 1, 1936,
shall apply only to qualifying employees withdrawing on or after
August 16, 1985.
(j) Beginning on January 1, 1999, the minimum amount of employee's annuity
shall be $850 per month for life for the following classes of employees,
without regard to the fact that withdrawal occurred prior to the effective
date of this amendatory Act of 1998:
(1) any employee annuitant alive and receiving a life     annuity on the effective date of this amendatory Act of 1998, except a reciprocal annuity;
(2) any employee annuitant alive and receiving a term     annuity on the effective date of this amendatory Act of 1998, except a reciprocal annuity;
(3) any employee annuitant alive and receiving a     reciprocal annuity on the effective date of this amendatory Act of 1998, whose service in this fund is at least 5 years;
(4) any employee annuitant withdrawing after age 60     on or after the effective date of this amendatory Act of 1998, with at least 10 years of service in this fund.
The increases granted under items (1), (2) and (3) of this subsection (j)
shall not be limited by any other Section of this Act.
(Source: P.A. 97-651, eff. 1-5-12; 98-756, eff. 7-16-14.)
(40 ILCS 5/11-134.1)
 (from Ch. 108 1/2, par. 11-134.1)
(Text of Section WITH the changes made by P.A. 98-641, which has been held unconstitutional)
Sec. 11-134.1. Automatic increase in annuity.
(a) An employee who retired or retires from service after December 31,
1963, and before January 1, 1987, having attained age 60 or more,
shall, in the month of January of
the year following the year in which the first anniversary of retirement
occurs, have the amount of his then fixed and payable monthly annuity
increased by 1 1/2%, and such first fixed annuity as granted at
retirement increased by a further 1 1/2% in January of each year
thereafter.  Beginning with January of the year 1972, such increases
shall be at the rate of 2% in lieu of the aforesaid specified 1 1/2%.
Beginning January, 1984, such increases shall be at the rate of 3%.
Beginning in January of 1999, such increases shall be at the rate of
3% of the currently payable monthly annuity, including any increases
previously granted under this Article.  An employee who retires on annuity
after December 31, 1963 and before January 1, 1987, but prior to age
60, shall receive such increases beginning with January of the year
immediately following the year in which he attains the age of 60 years.
An employee who retires from service on or after January 1, 1987 shall,
upon the first annuity payment date following the first anniversary of the
date of retirement, or upon the first annuity payment date following
attainment of age 60, whichever occurs later, have his then fixed and
payable monthly annuity increased by 3%, and such annuity shall be
increased by an additional 3% of the original fixed annuity on the same
date each year thereafter.
Beginning in January of 1999, such increases shall be at the rate of 3% of the
currently payable monthly annuity, including any increases previously granted
under this Article.
(a-5) Notwithstanding the provisions of subsection (a), upon the first
annuity payment date following (1) the third anniversary of retirement, (2)
the attainment of age 53, or (3) January 1, 2002,
whichever occurs latest, the monthly annuity of an employee who retires on
annuity prior to the attainment of age 60 and has not received an
increase under subsection (a) shall be increased by 3%, and the
annuity shall be increased by an additional 3% of the current payable monthly
annuity, including any
increases previously granted under this
Article, on the same date each year thereafter.  The increases provided under
this subsection are in lieu of the increases provided in subsection (a).
(a-6) Notwithstanding the provisions of subsections (a) and (a-5), for
all calendar years following the year in which this amendatory Act of the 93rd
General Assembly takes effect, an increase in annuity under this Section that
would otherwise take effect at any time during the year shall instead take
effect in January of that year.
(b) Subsections (a), (a-5), and (a-6) are not applicable to
an employee retiring and receiving a term annuity, as defined in this Article,
nor to any otherwise
qualified employee who retires before he shall have made employee contributions
(at the 1/2 of 1% rate as hereinafter provided) for the purposes of this
additional annuity for not less than the equivalent of one full year.  Such
employee, however, shall make arrangement to pay to the fund a balance of such
1/2 of 1% contributions, based on his final salary, as will bring such 1/2 of
1% contributions, computed without interest, to the equivalent of or completion
of one year's contributions.
Beginning with the month of January, 1964, each employee shall contribute
by means of salary deductions 1/2 of 1% of each salary payment, concurrently
with and in addition to the employee contributions otherwise made for annuity
purposes.
Each such additional employee contribution shall be credited to an
account in the prior service annuity reserve, to be used, together with
city contributions, to defray the cost of the specified annuity
increments. Any balance as of the beginning of each calendar year
existing in such account shall be credited with interest at the rate of
3% per annum.
Such employee contributions shall not be subject to refund, except to
an employee who resigns or is discharged and applies for refund under
this Article, and also in cases where a term annuity becomes payable.
In such cases the employee contributions shall be refunded him,
without interest, and charged to the aforementioned account in the prior
service annuity reserve.
(b-5) Notwithstanding any provision of this Section to the contrary:
(1) A person retiring after the effective date of     this amendatory Act of the 98th General Assembly shall not be eligible for an annual increase under this Section until one full year after the date on which such annual increase otherwise would take effect under this Section.
(2) Except for persons eligible under subdivision (4)     of this subsection for a minimum annual increase, there shall be no annual increase under this Section in years 2017, 2019, and 2025.
(3)  In all other years, beginning January 1, 2015,     the Fund shall pay an annual increase to persons eligible to receive one under this Section, in lieu of any other annual increase provided under this Section (but subject to the minimum increase under subdivision (4) of this subsection, if applicable) in an amount equal to the lesser of 3% or one-half the annual unadjusted percentage increase (but not less than zero) in the consumer price index-u for the 12 months ending with the September preceding each November 1 of the person's last annual annuity amount prior to January 1, 2015, or if the person was not yet receiving an annuity on that date, then this calculation shall be based on his or her originally granted annual annuity amount.
For the purposes of this Section, "consumer price     index-u" means the index published by the Bureau of Labor Statistics of the United States Department of Labor that measures the average change in prices of goods and services purchased by all urban consumers, United States city average, all items, 1982-84 = 100.
(4) A person is eligible under this subdivision (4)     to receive a minimum annual increase in a particular year if: (i) the person is otherwise eligible to receive an annual increase under subdivision (3) of this subsection, and (ii) the annual amount of the annuity payable at the time of the increase, including all increases previously received, is less than $22,000.
Beginning January 1, 2015, for a person who is     eligible under this subdivision (4) to receive a minimum annual increase in the year 2017, 2019, or 2025, the annual increase shall be 1% of the person's last annual annuity amount prior to January 1, 2015, or if the person was not yet receiving an annuity on that date, then 1% of his or her originally granted annual annuity amount.
Beginning January 1, 2015, for any other year in     which a person is eligible under this subdivision (4) to receive a minimum annual increase, the annual increase shall be as specified under subdivision (3), but not less than 1% of the person's last annual annuity amount prior to January 1, 2015 or, if the person was not yet receiving an annuity on that date, then not less than 1% of his or her originally granted annual annuity amount.
For the purposes of  Section 1-103.1, this subsection (b-5) is applicable without regard to whether the employee was in active service on or after the effective date of this amendatory Act of the 98th General Assembly. This subsection (b-5) applies to any former employee who on or after the effective date of this amendatory Act of the 98th General Assembly is receiving a retirement annuity and is  eligible for an automatic annual increase under this Section.
(Source: P.A. 98-641, eff. 6-9-14.)
(Text of Section WITHOUT the changes made by P.A. 98-641, which has been held unconstitutional)
Sec. 11-134.1. Automatic increase in annuity.
(a) An employee who retired or retires from service after December 31,
1963, and before January 1, 1987, having attained age 60 or more,
shall, in the month of January of
the year following the year in which the first anniversary of retirement
occurs, have the amount of his then fixed and payable monthly annuity
increased by 1 1/2%, and such first fixed annuity as granted at
retirement increased by a further 1 1/2% in January of each year
thereafter.  Beginning with January of the year 1972, such increases
shall be at the rate of 2% in lieu of the aforesaid specified 1 1/2%.
Beginning January, 1984, such increases shall be at the rate of 3%.
Beginning in January of 1999, such increases shall be at the rate of
3% of the currently payable monthly annuity, including any increases
previously granted under this Article.  An employee who retires on annuity
after December 31, 1963 and before January 1, 1987, but prior to age
60, shall receive such increases beginning with January of the year
immediately following the year in which he attains the age of 60 years.
An employee who retires from service on or after January 1, 1987 shall,
upon the first annuity payment date following the first anniversary of the
date of retirement, or upon the first annuity payment date following
attainment of age 60, whichever occurs later, have his then fixed and
payable monthly annuity increased by 3%, and such annuity shall be
increased by an additional 3% of the original fixed annuity on the same
date each year thereafter.
Beginning in January of 1999, such increases shall be at the rate of 3% of the
currently payable monthly annuity, including any increases previously granted
under this Article.
(a-5) Notwithstanding the provisions of subsection (a), upon the first
annuity payment date following (1) the third anniversary of retirement, (2)
the attainment of age 53, or (3) January 1, 2002, 
whichever occurs latest, the monthly annuity of an employee who retires on
annuity prior to the attainment of age 60 and has not received an
increase under subsection (a) shall be increased by 3%, and the 
annuity shall be increased by an additional 3% of the current payable monthly
annuity, including any 
						increases previously granted under this
Article, on the same date each year thereafter.  The increases provided under
this subsection are in lieu of the increases provided in subsection (a).
(a-6) Notwithstanding the provisions of subsections (a) and (a-5), for
all calendar years following the year in which this amendatory Act of the 93rd
General Assembly takes effect, an increase in annuity under this Section that
would otherwise take effect at any time during the year shall instead take
effect in January of that year.
(b) Subsections (a), (a-5), and (a-6) are not applicable to
an employee retiring and receiving a term annuity, as defined in this Article,
nor to any otherwise
qualified employee who retires before he shall have made employee contributions
(at the 1/2 of 1% rate as hereinafter provided) for the purposes of this
additional annuity for not less than the equivalent of one full year.  Such
employee, however, shall make arrangement to pay to the fund a balance of such
1/2 of 1% contributions, based on his final salary, as will bring such 1/2 of
1% contributions, computed without interest, to the equivalent of or completion
of one year's contributions.
Beginning with the month of January, 1964, each employee shall contribute
by means of salary deductions 1/2 of 1% of each salary payment, concurrently
with and in addition to the employee contributions otherwise made for annuity
purposes.
Each such additional employee contribution shall be credited to an
account in the prior service annuity reserve, to be used, together with
city contributions, to defray the cost of the specified annuity
increments. Any balance as of the beginning of each calendar year
existing in such account shall be credited with interest at the rate of
3% per annum.
Such employee contributions shall not be subject to refund, except to
an employee who resigns or is discharged and applies for refund under
this Article, and also in cases where a term annuity becomes payable.
In such cases the employee contributions shall be refunded him,
without interest, and charged to the aforementioned account in the prior
service annuity reserve.
(Source: P.A. 92-599, eff. 6-28-02; 92-609, eff.
7-1-02; 93-654, eff. 1-16-04.)
(40 ILCS 5/11-134.2) (from Ch. 108 1/2, par. 11-134.2)
Sec. 11-134.2. 
		Reversionary annuity.
(a) An employee, prior to retirement on annuity, may elect to take a
lesser amount of annuity and provide, with the actuarial value of the
amount by which his annuity is reduced, a reversionary annuity for a wife,
husband, parent, child, brother or sister.  The option shall be exercised by
filing a written designation with the board prior to retirement, and may be
revoked by the employee at any time before retirement.  The death of the
employee prior to his retirement shall automatically void the option.
(b) The death of the designated reversionary annuitant prior to the
employee's retirement shall automatically void the option.  If the
reversionary annuitant dies after the employee's retirement, and before
the death of the employee annuitant, the reduced
annuity being paid to the retired employee annuitant shall be increased
to the amount of annuity before reduction for the reversionary annuity
and no reversionary annuity shall be payable.
The option is subject to the further condition that no reversionary
annuity shall be paid to a parent, child, brother, or sister if the
employee dies before the expiration of 365
days from the date his written designation was filed with the board, even
though he has retired and is receiving a reduced annuity.
(c) The employee exercising this option shall not reduce his retirement
annuity by more than $400 per month, or elect to provide a
reversionary
annuity of less than $50 per month.  No option shall be permitted if the
reversionary annuity for a widow, when added to the widow's annuity payable
under this Article, exceeds 100% of the reduced annuity payable to
the employee.
(d) A reversionary annuity shall begin on the day following the death of
the annuitant and shall be paid as provided in Section 11-124.
(e) The increases in annuity provided in Section 11-134.1 of this
Article shall, as to an employee so electing a reduced annuity, relate to
the amount of the original annuity, and such amount shall constitute the
annuity on which such increases shall be based.
(f) For annuities elected after June 30, 1983, the amount of the monthly
reversionary annuity shall be determined by multiplying the amount of the
monthly reduction in the employee's annuity by the factor in the following
table based on the age of the employee and the difference in the age of
the employee and the age of the reversionary annuitant at the starting date
of the employee's annuity:
Employee's Age
Reversionary
Annuitant's
Age
50-51
52-54
55-57
58-60
61-63
64-66
67-69
70 &
Over
30 or
more
years
younger
3.03
2.56
2.18
1.84
1.55
1.29
1.08
0.91
25-29
years
younger
3.16
2.68
2.29
1.94
1.63
1.37
1.15
0.97
20-24
years
younger
3.35
2.85
2.44
2.07
1.75
1.48
1.25
1.06
15-19
years
younger
3.60
3.08
2.65
2.26
1.92
1.63
1.39
1.19
10-14
years
younger
3.96
3.40
2.94
2.53
2.16
1.85
1.59
1.37
5-9
years
younger
4.46
3.84
3.35
2.90
2.51
2.16
1.88
1.64
0-4
years
younger
5.15
4.47
3.93
3.44
3.00
2.61
2.29
2.02
1-5
years
older
6.12
5.36
4.76
4.21
3.71
3.26
2.88
2.56
6-10
years
older
7.48
6.61
5.93
5.30
4.71
4.16
3.70
3.29
11-15
years
older
9.37
8.35
7.58
6.83
6.11
5.40
4.82
4.32
16-20
years
older
11.99
10.78
9.84
8.93
8.02
7.13
6.43
5.87
21-25
years
older
15.59
14.06
12.91
11.82
10.73
9.66
8.88
8.35
26-30
years
older
20.42
18.49
17.15
15.96
14.80
13.65
12.97
12.82
31 or
more
years
older
27.07
24.72
23.34
22.32
21.45
20.62
20.85
23.28
(Source: P.A. 90-31, eff. 6-27-97; 90-766, eff. 8-14-98; 91-887, 7-6-00.)
(40 ILCS 5/11-134.3) (from Ch. 108 1/2, par. 11-134.3)
(Text of Section WITH the changes made by P.A. 98-641, which has been held unconstitutional)
Sec. 11-134.3. Automatic increases in annuity for certain heretofore retired
participants.
(a) A retired employee who (i) is receiving annuity based on a
service credit of 20 or more years regardless of age at retirement or based on
a service credit of 15 or more years with retirement at age 55 or over, and
(ii) does not qualify for the automatic increases in annuity provided for in
Section 11-134.1 of this Article, and (iii) elects to make a contribution to the
Fund at a time and manner prescribed by the Retirement Board, of a sum
equal to 1% of the amount of final monthly salary times the number of full
years of service on which the annuity was based in those cases where the
annuity was computed on the money purchase formula, and in those cases in
which the annuity was computed under the minimum annuity formula provisions
of this Article a sum equal to 1% of the average monthly salary on which
the annuity was based times such number of full years of service, shall
have his original fixed and payable monthly amount of annuity increased in
January of the year following the year in which he attains the age of 65
years, if such age of 65 years is attained in the year 1969 or later, by an
amount equal to 1 1/2%, and by an equal additional 1 1/2% in January of
each year thereafter.  Beginning with January of the year 1972, such
increases shall be at the rate of 2% in lieu of the aforesaid specified 1
1/2%.  Beginning January, 1984, such increases shall be at the rate of 3%.
Beginning in January of 1999, such increases shall be at the rate of
3% of the currently payable monthly annuity, including any increases previously
granted under this Article.
In those cases in which the retired employee receiving annuity has
attained the age of 66 or more years in the year 1969, he shall have such
annuity increased in January of the year 1970 by an amount equal to 1 1/2%
multiplied by the number equal to the number of months of January elapsing
from and including January of the year immediately following the year he
attained the age of 65 years if retired at or prior to age 65, or from and
including January of the year immediately following the year of retirement
if retired at an age greater than 65 years, to and including January of the
year 1970, and by an equal additional 1 1/2% in January of each year
thereafter. Beginning with January of the year 1972, such increases shall
be at the rate of 2% in lieu of the aforesaid specified 1 1/2%.  Beginning
January, 1984, such increases shall be at the rate of 3%.
Beginning in January of 1999, such increases shall be at the rate of
3% of the currently payable monthly annuity, including any increases previously
granted under this Article.
(b) To defray the annual cost of such increases, the annual interest income
of the Fund, accruing from investments held by the Fund, exclusive of gains
or losses on sales or exchanges of assets during the year, over and above
4% a year, shall be used to the extent necessary and available to finance
the cost of such increases for the following year, and such amount shall be
transferred as of the end of each year, beginning with the year 1969, to a
Fund account designated as the Supplementary Payment Reserve from the
Investment and Interest Reserve set forth in Sec. 11-210. The sums
contributed by annuitants as provided for in this Section shall also be
placed in the aforesaid Supplementary Payment Reserve and shall be applied
for and used for the purposes of such Fund account, together with the
aforesaid interest.
In the event the monies in the Supplementary Payment Reserve in any year
arising from: (1) the available interest income as defined hereinbefore and
accruing in the preceding year above 4% a year and (2) the contributions by
retired persons, as set forth hereinbefore, are insufficient to make the
total payments to all persons estimated to be entitled to the annuity
increases specified hereinbefore, then (3) any interest earnings over 4% a
year beginning with the year 1969 which were not previously used to finance
such increases and which were transferred to the Prior Service Annuity
Reserve may be used to the extent necessary and available to provide
sufficient funds to finance such increases for the current year, and such
sums shall be transferred from the Prior Service Annuity Reserve.
In the event the total monies available in the Supplementary Payment
Reserve from the preceding indicated sources are insufficient to make the
total payments to all persons entitled to such increases for the year, a
proportionate amount computed as the ratio of the monies available to the
total of the total payments for that year shall be paid to each person for
that year.
The Fund shall be obligated for the payment of the increases in annuity
as provided for in this Section only to the extent that the assets for such
purpose, as specified herein, are available.
(b-5) Notwithstanding any provision of this Section to the contrary:
(1) Except for persons eligible under subdivision (3)     of this subsection for a minimum annual increase, there shall be no annual increase under this Section in years 2017, 2019, and 2025.
(2)  In all other years, beginning January 1, 2015,     the Fund shall pay an annual increase to persons eligible to receive one under this Section, in lieu of any other annual increase provided under this Section (but subject to the minimum increase under subdivision (3) of this subsection, if applicable) in an amount equal to the lesser of 3% or one-half the annual unadjusted percentage increase (but not less than zero) in the consumer price index-u for the 12 months ending with the September preceding each November 1 of the person's last annual annuity amount prior to January 1, 2015.
For the purposes of this Section, "consumer price     index-u" means the index published by the Bureau of Labor Statistics of the United States Department of Labor that measures the average change in prices of goods and services purchased by all urban consumers, United States city average, all items, 1982-84 = 100.
(3) A person is eligible under this subdivision (3)     to receive a minimum annual increase in a particular year if: (i) the person is otherwise eligible to receive an annual increase under subdivision (2) of this subsection, and (ii) the annual amount of the annuity payable at the time of the increase, including all increases previously received, is less than $22,000.
Beginning January 1, 2015, for a person who is     eligible under this subdivision (3) to receive a minimum annual increase in the year 2017, 2019, or 2025, the annual increase shall be 1% of the person's last annual annuity amount prior to January 1, 2015.
Beginning January 1, 2015, for any other year in     which a person is eligible under this subdivision (3) to receive a minimum annual increase, the annual increase shall be as specified under subdivision (2), but not less than 1% of the person's last annual annuity amount prior to January 1, 2015.
For the purposes of  Section 1-103.1, this subsection (b-5) is applicable without regard to whether the employee was in active service on or after the effective date of this amendatory Act of the 98th General Assembly. This subsection (b-5) applies to any former employee who on or after the effective date of this amendatory Act of the 98th General Assembly is receiving a retirement annuity and is  eligible for an automatic annual increase under this Section.
(Source: P.A. 98-641, eff. 6-9-14.)
(Text of Section WITHOUT the changes made by P.A. 98-641, which has been held unconstitutional)
Sec. 11-134.3. Automatic increases in annuity for certain heretofore retired
participants.  A retired employee who (a) is receiving annuity based on a
service credit of 20 or more years regardless of age at retirement or based on
a service credit of 15 or more years with retirement at age 55 or over, and
 (b) does not qualify for the automatic increases in annuity provided for in
Section 11-134.1 of this Article, and (c) elects to make a contribution to the
Fund at a time and manner prescribed by the Retirement Board, of a sum
equal to 1% of the amount of final monthly salary times the number of full
years of service on which the annuity was based in those cases where the
annuity was computed on the money purchase formula, and in those cases in
which the annuity was computed under the minimum annuity formula provisions
of this Article a sum equal to 1% of the average monthly salary on which
the annuity was based times such number of full years of service, shall
have his original fixed and payable monthly amount of annuity increased in
January of the year following the year in which he attains the age of 65
years, if such age of 65 years is attained in the year 1969 or later, by an
amount equal to 1 1/2%, and by an equal additional 1 1/2% in January of
each year thereafter.  Beginning with January of the year 1972, such
increases shall be at the rate of 2% in lieu of the aforesaid specified 1
1/2%.  Beginning January, 1984, such increases shall be at the rate of 3%.
Beginning in January of 1999, such increases shall be at the rate of
3% of the currently payable monthly annuity, including any increases previously
granted under this Article.
In those cases in which the retired employee receiving annuity has
attained the age of 66 or more years in the year 1969, he shall have such
annuity increased in January of the year 1970 by an amount equal to 1 1/2%
multiplied by the number equal to the number of months of January elapsing
from and including January of the year immediately following the year he
attained the age of 65 years if retired at or prior to age 65, or from and
including January of the year immediately following the year of retirement
if retired at an age greater than 65 years, to and including January of the
year 1970, and by an equal additional 1 1/2% in January of each year
thereafter. Beginning with January of the year 1972, such increases shall
be at the rate of 2% in lieu of the aforesaid specified 1 1/2%.  Beginning
January, 1984, such increases shall be at the rate of 3%.
Beginning in January of 1999, such increases shall be at the rate of
3% of the currently payable monthly annuity, including any increases previously
granted under this Article.
To defray the annual cost of such increases, the annual interest income
of the Fund, accruing from investments held by the Fund, exclusive of gains
or losses on sales or exchanges of assets during the year, over and above
4% a year, shall be used to the extent necessary and available to finance
the cost of such increases for the following year, and such amount shall be
transferred as of the end of each year, beginning with the year 1969, to a
Fund account designated as the Supplementary Payment Reserve from the
Investment and Interest Reserve set forth in Sec. 11-210. The sums
contributed by annuitants as provided for in this Section shall also be
placed in the aforesaid Supplementary Payment Reserve and shall be applied
for and used for the purposes of such Fund account, together with the
aforesaid interest.
In the event the monies in the Supplementary Payment Reserve in any year
arising from: (1) the available interest income as defined hereinbefore and
accruing in the preceding year above 4% a year and (2) the contributions by
retired persons, as set forth hereinbefore, are insufficient to make the
total payments to all persons estimated to be entitled to the annuity
increases specified hereinbefore, then (3) any interest earnings over 4% a
year beginning with the year 1969 which were not previously used to finance
such increases and which were transferred to the Prior Service Annuity
Reserve may be used to the extent necessary and available to provide
sufficient funds to finance such increases for the current year, and such
sums shall be transferred from the Prior Service Annuity Reserve.
In the event the total monies available in the Supplementary Payment
Reserve from the preceding indicated sources are insufficient to make the
total payments to all persons entitled to such increases for the year, a
proportionate amount computed as the ratio of the monies available to the
total of the total payments for that year shall be paid to each person for
that year.
The Fund shall be obligated for the payment of the increases in annuity
as provided for in this Section only to the extent that the assets for such
purpose, as specified herein, are available.
(Source: P.A. 90-766, eff. 8-14-98.)
(40 ILCS 5/11-135) (from Ch. 108 1/2, par. 11-135)
Sec. 11-135. 
		Widow's prior service annuity.
A "Widow's Prior Service Annuity" shall be credited for the widow of a
male present employee for service prior to the effective date, in
accordance with "The 1935 Act" and this Article, payable from and after
the death of the employee.
The amount so credited shall be improved by interest at the effective
rate during the time the employee is in the service or until the employee
attains age 65 or withdraws from the service, whichever event first occurs.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-136) (from Ch. 108 1/2, par. 11-136)
Sec. 11-136. 
		Widow's annuity.
A "Widow's Annuity" shall be credited for the widow of any male employee
covering service after the effective date, payable from and after his
death.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-137) (from Ch. 108 1/2, par. 11-137)
Sec. 11-137. 
		Widow's annuity-Present employee age 65 on effective date.
The widow of a present employee who attains age 65 or more on or before
the effective date is entitled, after his death, to an annuity fixed on the
date he becomes age 65.
The annuity shall be that provided on a reversionary annuity basis from
the credit for widow's prior service annuity on the effective date.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-138) (from Ch. 108 1/2, par. 11-138)
Sec. 11-138. 
		
		Widow's annuity-Present employees and future entrants attaining
age 65 in service.
The widow of a present employee who attains age 65 while in service
after the effective date, or of a future entrant who attains age 65 while
in service, is entitled, after the date of his death, to an annuity fixed
for the widow of a present employee or future entrant on the date he
attains age 65.
The widow is entitled to annuity as follows:
If the employee's withdrawal occurs after age 65 and he enters upon
annuity or if the employee's death occurs in the service after his
attainment of age 65, the annuity shall be that provided on a reversionary
annuity basis from the total sums accumulated to his credit for widow's
annuity and (if he was a present employee) widow's prior service annuity on
the date he became age 65.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-139) (from Ch. 108 1/2, par. 11-139)
Sec. 11-139. 
		
		Widow's annuity-Present employees and future entrants-Death in
service before 65.
The widow of an employee whose death occurs in service before age 65
shall be entitled to an annuity of an amount provided on a single life
annuity basis from the total sum accumulated to his credit for age and
service annuity and widow's annuity, plus the credit as of the date of
death in the service for prior service annuity, and widow's prior service
annuity if he was a present employee; but no part thereof representing
contributions by the city shall be used to provide an annuity in excess of
that which she would have had if the employee had lived and remained in
service at the rate of his final salary until he became age 65, and the
widow's annuity were fixed on a reversionary annuity basis as provided in
this Article. The annuity shall be computed as of the date of the
employee's death.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-140) (from Ch. 108 1/2, par. 11-140)
Sec. 11-140. 
		
		Widow's annuity-Present employees and future entrants-Withdrawal
after age 60 but before 65.
The widow of an employee who attains age 60 or more but less than age 65
in service and who withdraws from service shall be entitled, after his
death, to an annuity fixed as of the date of withdrawal.
The annuity shall be the amount provided on a reversionary annuity basis
from the total sums accumulated to his credit for widow's annuity and (if
he was a present employee) widow's prior service annuity as of the date of
withdrawal.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-141) (from Ch. 108 1/2, par. 11-141)
Sec. 11-141. 
		
		Widow's annuity - Present employees and future
entrants - Withdrawal after age 55 but before 60.
The widow of an employee who, (1) attains age 55 or more but less
than age 60 in service, and (2) has served 10 or more years and (3)
withdraws from service, shall be entitled after his death to an annuity
fixed as of the date of withdrawal.
The widow is entitled to receive the amount provided on a
reversionary annuity basis from the total sum accumulated to the
employee's credit on the date when the annuity was fixed, as follows:
(1) If service is 20 or more years, the total credits for widow's
annuity and in addition, if he was a present employee, the total credits
for widow's prior service annuity; or
(2) If service is 10 or more but less than 20 years, the total
credits for widow's annuity from employee contributions and 1/10 of the
total credits for widow's annuity from city contributions for each year
of service after the first 10 years, including for the widow of a
present employee 1/10 of the total credits for widow's prior service
annuity from city contributions for each year of service after the first
10 years.
(Source: P.A. 81-1536.)
(40 ILCS 5/11-142) (from Ch. 108 1/2, par. 11-142)
Sec. 11-142. 
		
		Widow's annuity - Present employees and future
entrants - Withdrawal before age 55.
The widow of an employee who withdraws after 10 or more years of
service before age 55 and later attains such age while not in service,
shall be entitled after his death to an annuity fixed on the date the
employee becomes age 55.
The widow shall be entitled to an amount provided on a reversionary
annuity basis from the following sums accumulated to his credit on the
date when the annuity is fixed:
(1) If service is 20 or more years, the total credits for widow's
annuity and, in addition, if he was a present employee, the total
credits for widow's prior service annuity; or
(2) If service is 10 or more but less than 20 years:
(a) For the widow of a future entrant the total credits for widow's
annuity from employee contributions
and 1/10 of the total credits for
widow's annuity from city contributions for each year of service after
the first 10 years;
(b) For the widow of a present employee the total credits for
widow's annuity from employee contributions and 1/10 of the total
credits for widow's annuity and widow's prior service annuity from city
contributions.
(Source: P.A. 81-1536.)
(40 ILCS 5/11-143) (from Ch. 108 1/2, par. 11-143)
Sec. 11-143. 
		
		Widow's annuity - Present employees and future
entrants - Withdrawal and death before age 55.
The widow of an employee with 10 or more years of service who
withdraws before age 55 and who dies while out of service before age 55
shall be entitled to an annuity computed on a single life annuity basis
at the date of death from the following sums accumulated to his credit:
(1) If service is 20 or more years, the total credits for age and
service annuity and widow's annuity, and, in addition, if he was a
present employee, the total credits for prior service annuity and
widow's prior service annuity; or
(2) If service is 10 or more but less than 20 years, the total
credits for age and service annuity and widow's annuity from
employee contributions plus
1/10 of the total credits for age and service annuity
and widow's annuity from city contributions for each year of service
after the first 10 years of service, and, for the widow of a present
employee, 1/10 of the total credits for prior service and widow's prior
service annuity from city contributions for each year of service after
the first 10 years.
No city contributions shall be used for a widow's annuity in excess
of that which she would receive if the employee had lived until he
attained age 55 and had not re-entered the service and an annuity were
fixed for her on a reversionary annuity basis as of her age when her
husband would have attained age 55.
(Source: P.A. 81-1536.)
(40 ILCS 5/11-144) (from Ch. 108 1/2, par. 11-144)
Sec. 11-144. 
		Widow's annuity-Re-entry of employee into service. 
		
		No annuity in excess of that fixed in accordance with Sections 11-140,
11-141 and 11-142 shall be granted to a widow described in those sections
unless the employee re-enters service before age 65, in which case the
annuity for his wife shall be fixed as of the date he attains age 65 while
in service, or when he again withdraws, whichever first occurs.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-145) (from Ch. 108 1/2, par. 11-145)
Sec. 11-145. 
		
		Employee's widow's annuity - No contributions or service
credits after fixation.
No contributions by the employee or the city for an annuity for the
widow of an employee shall be made after the date when her annuity has
been fixed. No service of an employee rendered after such date shall be
considered for widow's annuity except as herein provided.
(Source: P.A. 81-1536.)
(40 ILCS 5/11-145.1)
							 (from Ch. 108 1/2, par. 11-145.1)
Sec. 11-145.1. Minimum annuities for widows. 
					The widow otherwise eligible for widow's annuity under other Sections of
this Article 11, of an employee hereinafter described, who retires from
service or dies while in the service subsequent to the effective date of
this amendatory provision, and for which widow the amount of widow's
annuity and widow's prior service annuity combined, fixed or provided for
such widow under other provisions of said Article 11 is less than the
amount hereinafter provided in this section, shall, from and after the date
her otherwise provided annuity would begin, in lieu of such otherwise
provided widow's and widow's prior service annuity, be entitled to the
following indicated amount of annuity:
(a) The widow of any employee who dies while in service on or after the date
on which he attains age 60 if the death occurs before July 1, 1990, or on or
after the date on which he attains age 55 if the death occurs on or after July
1, 1990, with at least 20 years of service, or on or after the date on which
he attains age 50 if the death occurs on or after the effective date of this
amendatory Act of 1997 with at least 30 years of service, shall be entitled
to an annuity equal to one-half of the amount of annuity which her deceased
husband would have been entitled to receive had he withdrawn from the service
on the day immediately preceding the date of his death, conditional upon such
widow having attained age 60 on or before such date if the death occurs before
July 1, 1990, or age 55 if the death occurs on or after July 1, 1990, or age
50 if the death occurs on or after January 1, 1998 and the employee is age 50
or over with at least 30 years of service or age 55 or over with at least 25
years of service.  Except
as provided in subsection (j), the widow's annuity shall not, however,
exceed the sum of $500 a month if the employee's death in service occurs before
January 23, 1987.  The widow's annuity shall not be limited to a maximum dollar
amount if the employee's death in service occurs on or after January 23, 1987.
If the employee dies in service before July 1, 1990, and if such
widow of such described employee shall not be 60 or more years
of age on such date of death, the amount provided in the immediately
preceding paragraph for a widow 60 or more years of age, shall, in the case
of such younger widow, be reduced by 0.25% for each month that
her then attained age is less than 60 years if the employee was born before
January 1, 1936, or dies in service on or after January 1, 1988, or
0.5% for each month that her then attained age is less
than 60 years if the employee was born on or after January 1, 1936 and
dies in service before January 1, 1988.
If the employee dies in service on or after July 1, 1990, and if the
widow of the employee has not attained age 55 on or before the employee's
date of death, the amount otherwise provided in this subsection (a) shall
be reduced by 0.25% for each month that her then attained age is less than
55 years; except that
if the employee dies in service on or after January 1, 1998 at age 50 or over
with at least 30 years of service or at age 55 or over with at least 25 years
of service, there shall be no reduction due to the widow's age if she has
attained age 50 on or before the employee's date of death, and if the widow
has not attained age 50 on or before the employee's date of death the amount
otherwise provided in this subsection (a) shall be reduced by 0.25% for each
month that her then attained age is less than 50 years.
(b) The widow of any employee who dies subsequent to the date of his
retirement on annuity, and who so retired on or after the date on which he
attained age 60 if retirement occurs before July 1, 1990, or on or after the
date on which he attained age 55 if retirement occurs on or after July 1, 1990,
with at least 20 years of service, or on or after the date on which he
attained age 50 if the retirement occurs on or after the effective date of this
amendatory Act of 1997 with at least 30 years of service, shall be entitled
to an annuity equal to one-half of the amount of annuity which her deceased
husband received as of the date of his retirement on annuity, conditional upon
such widow having attained age 60 on or before the date of her husband's
retirement on annuity if retirement occurs before July 1, 1990, or age 55 if
retirement occurs on or after July 1, 1990, or age 50 if the
retirement on annuity
occurs on or after January 1, 1998 and the employee is age 50 or over with
at least 30 years of service or age 55 or over with at least 25 years of
service.
Except as provided in subsection
(j), this widow's annuity shall not, however, exceed the
sum of $500 a month if the employee's death occurs before January 23, 1987.
The widow's 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 retirement; provided that, if retirement was before January 23, 1987, the
employee or eligible spouse repays the excess spouse refund with interest at
the effective rate from the date of refund to the date of repayment.
If the date of the employee's retirement on annuity is before July 1,
1990, and if such widow of such described employee shall not have
attained such age of 60 or more years on such date of her husband's
retirement on annuity, the amount provided in the immediately preceding
paragraph for a widow 60 or more years of age on the date of her husband's
retirement on annuity, shall, in the case of such then younger widow, be
reduced by 0.25% for each month that her then attained age was less than 60
years if the employee was born before January 1, 1936, or withdraws from
service on or after January 1, 1988, or 0.5% for each month that her then
attained age was less than 60 years if the employee was born on or after
January 1, 1936 and withdraws from service before January 1, 1988.
If the date of the employee's retirement on annuity is on or after July
1, 1990, and if the widow of the employee has not attained age 55 by the
date of the employee's retirement on annuity, the amount otherwise provided
in this subsection (b) shall be reduced by 0.25% for each month that her
then attained age is less than 55 years; except that if
the employee retires on annuity on or after January 1, 1998 at age 50 or over
with at least 30 years of service or at age 55 or over with at least 25 years
of service, there shall be no reduction due to the widow's age if she has
attained age 50 on or before the employee's date of death, and if the widow
has not attained age 50 on or before the employee's date of death the amount
otherwise provided in this subsection (b) shall be reduced by 0.25% for each
month that her then attained age is less than 50 years.
(c) The foregoing provisions relating to minimum annuities for widows
shall not apply to the widow of any former employee receiving an annuity
from the fund on August 2, 1965 or on the effective date of this amendatory
provision, who re-enters service as a former employee, unless such employee
renders at least 3 years of additional service after the date of re-entry.
(d) (Blank).
(e) (Blank).
(f) The amendments to this Section by this amendatory Act of 1985, relating
to changing the discount because of age from 1/2 of 1% to 0.25% per month for
widows of employees born before January 1, 1936, shall apply only to qualifying
widows whose husbands die while in the service on or after August 16, 1985 or
withdraw and enter on annuity on or after August 16, 1985.
(g) Beginning on January 1, 1999, the minimum amount of widow's
annuity shall be $800 per month for life for the following
classes of widows, without regard to the fact that the death of the employee
occurred prior to the effective date of this amendatory Act of
1998:
(1) any widow annuitant alive and receiving a term     annuity on the effective date of this amendatory Act of 1998, except a reciprocal annuity;
(2) any widow annuitant alive and receiving a life     annuity on the effective date of this amendatory Act of 1998, except a reciprocal annuity;
(3) any widow annuitant alive and receiving a     reciprocal annuity on the effective date of this amendatory Act of 1998, whose employee spouse's service in this fund was at least 5 years;
(4) the widow of an employee with at least 10 years     of service in this fund who dies after retirement, if the retirement occurred prior to the effective date of this amendatory Act of 1998;
(5) the widow of an employee with at least 10 years     of service in this fund who dies after retirement, if withdrawal occurs on or after the effective date of this amendatory Act of 1998;
(6) the widow of an employee who dies in service with     at least 5 years of service in this fund, if the death in service occurs on or after the effective date of this amendatory Act of 1998.
The increases granted under items (1), (2), (3) and (4) of this
subsection (g) shall not be limited by any other Section of this Act.
(h) The widow of an employee who retired or died in service on or
after January 1, 1985 and before July 1, 1990, at age 55 or older, and with
at least 35 years of service credit, shall be entitled to have her widow's
annuity increased, effective January 1, 1991, to an amount equal to 50% of
the retirement annuity that the deceased employee received on the date of
retirement, or would have been eligible to receive if he had retired on the
day preceding the date of his death in service, provided that if the widow
had not attained age 60 by the date of the employee's retirement or death
in service, the amount of the annuity shall be reduced by 0.25% for each
month that her then attained age was less than age 60 if the employee's
retirement or death in service occurred on or after January 1, 1988, or by
0.5%  for each month that her attained age is less than age 60 if the
employee's retirement or death in service occurred prior to January 1,
1988.  However, in cases where a refund of excess contributions for
widow's annuity has been paid by the Fund, the increase in benefit provided
by this subsection (h) shall be contingent upon repayment of the
refund to the Fund with interest at the effective rate from the date of refund
to the date of payment.
(i) If a deceased employee is receiving a retirement annuity at the time
of death and that death occurs on or after June 27, 1997,
the widow may elect to receive, in lieu of any
other annuity provided under this Article, 50% of the deceased employee's
retirement annuity at the time of death reduced by 0.25% for each month that
the widow's age on the date of death is less than 55; except that if the
employee dies on or after January 1, 1998 and withdrew from service on or
after June 27, 1997 at age 50 or over with at least 30 years of service
or at age 55 or over with at least 25 years of service, there shall be no
reduction due to the widow's age if she has attained age 50 on or before the
employee's date of death, and if the widow has not attained age 50 on or before
the employee's date of death the amount otherwise provided in this subsection
(i) shall be reduced by 0.25% for each month that her age on the date of death
is less than 50 years.  However, in cases where
a refund of excess contributions for widow's annuity has been paid by the Fund,
the benefit provided by this subsection (i) is contingent upon repayment of the
refund to the Fund with interest at the effective rate from the date of refund
to the date of payment.
(j) 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 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 subsection (j) 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.
(k) In lieu of any other annuity provided in this Article, an eligible
spouse of an employee who dies in service on or after January 1, 2002
(regardless of whether that death in service occurs prior to the effective date of this amendatory Act of the 93rd General Assembly)
						with at least 10 years of service shall be
entitled to an annuity of 50% of the minimum formula annuity earned and
accrued to the credit of the employee at the date of death.
For the purposes of this subsection, the minimum formula annuity earned and
accrued to the credit of the employee is equal to 2.40% for each year of
service of the highest average annual salary for any 4 consecutive years within
the last 10 years of service immediately preceding the date of death, up to
a maximum of 80% of the highest average annual salary.  This annuity shall
not be reduced due to the age of the employee or spouse.  In addition to any
other eligibility requirements under this Article, the spouse is eligible for
this annuity only if the marriage was in effect for 10 full years or more.
(Source: P.A. 92-599, eff. 6-28-02; 93-654, eff. 1-16-04.)
(40 ILCS 5/11-146) (from Ch. 108 1/2, par. 11-146)
Sec. 11-146. 
		Compensation annuity and supplemental annuity.
When annuity otherwise provided in this Article for the widow of an
employee whose death results solely from injury incurred in the performance
of an act of duty is less than 60% of his salary in effect at the time of
the injury, "Compensation Annuity" equal to the difference between such
annuity and 60% of such salary, shall be payable to her until the date when
the employee, if alive, would have attained age 65; and in any case where
the employee's death is only partly due to the duty incurred injury, the
"Compensation Annuity" shall be based on an amount equal to 40% of such
salary.
Thereafter, the widow shall be entitled to "Supplemental Annuity" equal
to the difference between the annuity otherwise provided in this Article
and the annuity to which she would be entitled if the employee had lived
and continued in the service at the salary in effect at the date of injury
until he attained age 65, and based upon her age as it would be on the date
he would have attained 65.
"Compensation" or "Supplemental Annuity" shall not be payable unless the
widow was the wife of the employee when the injury was incurred.
The city shall contribute to the fund each year the amount required for
all Compensation Annuities. Supplemental Annuity shall be provided from
city contributions after the date of the employee's death, of such equal
sums annually, which when improved by interest at the effective rate, will
be sufficient, at the time payment of Compensation Annuity to the widow
ceases to provide Supplemental Annuity, as stated, for the widow throughout
her life thereafter.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-147) (from Ch. 108 1/2, par. 11-147)
Sec. 11-147. 
		Widows or wives not entitled to annuity. 
		The following
widows or wives of employees have no right to annuity from the fund:
(a) The wife or widow, married subsequent to the effective date, of
an employee who dies in service if she was not married to him before he
attained age 65;
(b) The wife or widow, married subsequent to the effective date, of
an employee who withdraws whether or not he enters upon annuity, and who
dies while out of service, if she was not his wife while he was in
service and before he attained age 65;
(c) The wife or widow of an employee with 10 or more years of
service whose death occurs out of and after he has withdrawn from
service, and who has received a refund of his contributions for annuity purposes;
(d) The wife or widow of an employee with less than 10 years of
service who dies out of service after he has withdrawn from service
before he attained age 65;
(e) The former wife or widow of an employee whose judgment of
dissolution of marriage has been vacated or set aside after the
employee's death, unless the proceedings to vacate or set aside the
judgment were filed in court within 5 years after the entry thereof and
within 1 year after the employee's death, and unless the board is made a
party defendant to such proceedings;
(f) The wife or widow who married an employee while he was in
receipt of disability benefit from this fund unless he re-entered and
rendered service subsequent to such marriage for a period of at least 1
year or died while in service.
(Source: P.A. 81-1536.)
(40 ILCS 5/11-148) (from Ch. 108 1/2, par. 11-148)
Sec. 11-148. 
		Widow's remarriage. 
		A widow's annuity shall terminate when she remarries if the marriage takes
place before the date 60 days after the effective date of this amendatory Act
of the 91st General Assembly. If a widow remarries 60 or
more days after the effective date of this amendatory Act of the 91st General
Assembly, the widow's annuity shall continue without interruption.
When a widow dies, if she has not
received, in the form of an annuity, an amount equal to the total sum
accumulated to his credit from employee's contributions and applied for
the widow's annuity, the difference between such accumulated annuity
credits and the amount received by her in annuity payments shall be
refunded to her, provided, that if a reversionary annuity is payable if to
her, or to any other person designated by the employee, such aforesaid
amount shall not be refunded but the reversionary annuity shall be
payable. If there is any child of the employee who is under 18 years of age,
the part of any such amount that is required to pay an annuity to the child
shall be transferred to the child's annuity reserve. In making refunds under
this Section, no interest shall be paid upon either the total of annuity
payments made or the amounts subject to refund. Any refund shall be paid
according to the provisions of Section 11-166.
(Source: P.A. 91-887, eff. 7-6-00.)
(40 ILCS 5/11-148.1) (from Ch. 108 1/2, par. 11-148.1)
Sec. 11-148.1. 
		Annuities to survivors of female employees.
All provisions of this Article relating to annuities or benefits to a
widow, minor children or other survivors of a male employee shall apply
with equal force to a surviving spouse, children or other eligible
survivors of a female employee, including credits for the several annuity
purposes, refunds and death benefits, without any modification or
distinction whatsoever.
(Source: P.A. 78-1129.)
(40 ILCS 5/11-149) (from Ch. 108 1/2, par. 11-149)
Sec. 11-149. 
		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 highest salary of an employee and no minimum annuity in excess of the annuity provided in Section 11-134 or set forth as a maximum in any other Section of this Code relating to minimum annuities for employees included under Article 11 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 11-134.1 and 11-134.3 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 resulted from injury incurred in the performance of duty; provided, the annuity to 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 of an employee from any cause other than injury incurred in the performance of duty; provided, the annuity to 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 employee 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 begins; 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 the maximum annuity
prescribed in this section, all employee contributions for such widow's
annuity for service after the date on which the accumulated sums to the
credit of the employee for such annuity purposes would first have provided
the wife of such employee 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 annuity purposes 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 applicable interest.
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 applicable interest;
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 applicable
interest.
(Source: P.A. 90-511, eff. 8-22-97.)
(40 ILCS 5/11-150) (from Ch. 108 1/2, par. 11-150)
Sec. 11-150. 
		Mortality tables and interest rates. 
		(a) Any single life annuity fixed or granted to any employee who was a
participant on or before January 1, 1952, or any reversionary or single
life annuity, fixed for or granted to a wife or widow shall be computed, in
the case of the employee as of his attained age when the annuity is fixed
or granted, and in the case of the wife or widow, as of employee's age and
that of his wife or widow on the date her annuity is fixed or granted,
provided that if the wife or widow is older than 5 years the junior of her
husband her age shall be assumed 5 years less than his. The American
Experience Table of Mortality with interest at 4% per annum shall be used
for the computation of the annuity values in this paragraph.
(b) Until August 1, 1983, any single life annuity fixed or granted
to any employee who becomes
a participant for the first time after January 1, 1952, or any reversionary
or single life annuity, fixed or granted to the wife or widow shall be
computed, in the case of the employee as of his attained age when the
annuity is fixed or granted, and in the case of the wife or widow her age
shall be taken as 4 years younger than her actual age, or 4 years younger
than the age of her husband, whichever will produce the lower age, as of
the date the employee's or the wife's or widow's annuity is fixed or
granted. The Combined Annuity Mortality Table for Male Lives with interest
at 3 per cent per annum shall be used for the computation of the single
life employee annuity values in this paragraph. Such table shall also be
used for the computation of single life widow annuity values and for the
computation of the reversionary annuities specified in this paragraph with
the female life taken as 4 years less than the male life.
On or after August 1, 1983, any single life annuity fixed or granted to
any employee who becomes a participant for the first time after January 1,
1952, or any reversionary or single life annuity, fixed or granted to a
wife or widow shall be computed, in the case of an employee as of his
attained age when the annuity is fixed or granted, and in the case of the
wife or widow her age shall be taken as the lower of her actual age or the
age of her husband as of the date the employee's or wife's or widow's
annuity is fixed or granted.  The Combined Annuity Mortality Table for Male
Lives with interest at 3% per annum shall be used for the computation of
the single life employee and widow annuity values in this paragraph.  Such
table shall also be used for the computation of the reversionary annuity
values specified in this paragraph with the employee life taken as 4 years
less than the male life and the spouse life taken as the male life.
(c) All sums credited to any employee for annuity purposes when he
withdraws from service before age 55 shall be improved with interest at the
effective rate thereafter while he is not in service and has not entered
upon annuity until he attains age 65.
(d) The amount of widow's annuity or widow's prior service annuity which
shall be fixed for the wife of an employee who is alive shall be calculated
as a reversionary annuity derived from the total accumulated sum to the
employee's credit for widow's annuity and widow's prior service annuity on
the date the annuity is fixed.
(Source: P.A. 84-159.)
(40 ILCS 5/11-151) (from Ch. 108 1/2, par. 11-151)
Sec. 11-151. 
		Computation of interest. 
		For the computation of interest upon any sum contributed by an
employee, it shall be assumed that the sum was contributed on the last
day of the calendar month in which such contribution was made.
(Source: P.A. 81-1536.)
(40 ILCS 5/11-152) (from Ch. 108 1/2, par. 11-152)
Sec. 11-152. 
		Term annuities - How computed. 
		In any case in which an
employee's credit for an annuity for himself or his widow is insufficient - at
the time the annuity is fixed - to provide a life annuity of $100 a
month for the employee or his widow, a term annuity of equal actuarial value of
$100 a month shall be paid for such time as such payments can be made
from such credits for the respective annuities.
(Source: P.A. 79-1154.)
(40 ILCS 5/11-153) (from Ch. 108 1/2, par. 11-153)
Sec. 11-153. Child's annuity.
(a) A "Child's Annuity" shall be payable
monthly after the death of an employee parent to an unmarried child until
the child's attainment of age 18 or marriage, whichever event shall first
occur, under the following conditions, if the child was born or in esse
before the employee attained age 65, and before he withdrew from service:
(1) upon death in service from any cause;
(2) upon death of an employee who withdraws from     service after age 55 (or after age 50 with at least 30 years of service if withdrawal is on or after June 27, 1997) and who has entered upon or is eligible for annuity.
					Payment shall be made as provided in Section 11-124.
(b) After July 24, 1967, an adopted child shall be entitled to the same
child's annuity benefits provided for natural children in this Article, if:
(1) (Blank); and
(2) the child was adopted before the employee     withdrew from service.
(Source: P.A. 95-279, eff. 1-1-08.)
(40 ILCS 5/11-154) (from Ch. 108 1/2, par. 11-154)
Sec. 11-154. 
		Amount of child's annuity. 
		Beginning on the effective date
of this amendatory Act of 1997, the
amount of a child's annuity shall be $220 per month for each child
while
the spouse of the deceased employee parent survives, and $250 per
month for
each child when no such spouse survives, and shall be subject to the
following limitations:
(1) If the combined annuities for the widow and children of an employee
whose death resulted from injury incurred in the performance of duty, or
for the children where a widow does not exist, exceed 70% of the employee's
final monthly salary, the annuity for each child shall be reduced pro rata
so that the combined annuities for the family shall not exceed such
limitation;
(2) For the family of an employee whose death is the result of any cause
other than injury incurred in the performance of duty, in which the
combined annuities for the family exceed 60% of the employee's final
monthly salary, the annuity for each child shall be reduced pro rata so
that the combined annuities for the family shall not exceed such
limitation.
A child's annuity shall be paid to the parent who is providing for the
child, unless another person has been appointed the child's legal guardian.
The increase in child's annuity provided by this amendatory Act of
1997 shall apply to all child's annuities being paid on or after
the effective date of this amendatory Act of 1997. The limitations on the combined annuities for a
family
in parts (1) and (2) of this Section do not apply to
families of employees who died before the effective date of this amendatory Act
of 1997.
(Source: P.A. 90-32, eff. 6-27-97; 90-511, eff. 8-22-97.)
(40 ILCS 5/11-155) (from Ch. 108 1/2, par. 11-155)
Sec. 11-155. 
		Duty disability benefit; Child's disability benefit. 
		An employee who becomes disabled on or after the
effective date while under age 65 and prior to January 1, 1979 or while
under age 70 after January 1, 1979 as the result of injury incurred on
or after the date he has been included under this Article in the
performance of an act or acts of duty, shall have a right to receive duty
disability benefit, during any period of such disability for which he
receives no salary. The benefit shall be 75% of salary at date of injury;
provided, that if disability, in any measure, has resulted from any mental
disorder, physical defect or disease which existed at the time such injury
was sustained the duty disability benefit shall be 50% of salary
at date of such injury.
If the employee's duty disability benefit continues for more than 5
years, the benefit shall be increased by 10% on January 1 of the sixth year.
Disablement because of commonly termed heart attacks, or strokes, or any
disablement falling within the broad field of coronary involvement or heart
disease, shall not be considered to be the result of an accidental injury
incurred in the performance of duty.
The employee shall also have a right to receive child's disability
benefit of $10 a month on account of each unmarried child (the issue of the
employee) less than age 18. Child's disability benefits shall not exceed
15% of the salary as aforesaid.
If application for duty disability benefit is not filed with the
Retirement Board within one year from the date the
disability applicant became disabled or last received salary, if salary was
continued during the period of disablement, no duty disability benefit
shall begin to accrue for any period of time more than one year prior
to the date on which the application for disability benefit is
received by the Board.
The first payment of duty disability or child's disability benefit shall
be made not later than one month after such benefit is granted and each
subsequent payment shall be made not later than one month after the last
preceding payment.
Duty disability benefit is payable during disability until the employee
attains age 65 if the disability commences prior to January 1, 1979.  If
the disability commences after January 1, 1979 the benefit prescribed
herein shall be payable during disability until the employee attains age 65
for disability commencing prior to age 60, or for a period of 5 years or
until attainment of age 70, whichever occurs first, for disability
commencing at age 60 or older and after January 1, 1979, and child's
disability benefit shall be paid to the
employee parent of any unmarried child (the issue of the employee) less
than age 18, during such time until the child marries or attains age 18.
The employee shall thereafter receive such annuity as is otherwise provided
in this Article.
Any employee whose duty disability benefit was terminated after January
1, 1979 by reason of his attainment of age 65 and who continues disabled
after age 65 may elect before July 1, 1986 to have such benefits resumed
beginning at the time of such termination and continuing until termination
is required under this Section as amended by this amendatory Act of 1985.
The amount payable to any employee for such resumed benefit for any period
shall be reduced by the amount of any retirement annuity paid to such
employee under this Article for the same period of time or by any refund
paid in lieu of an annuity.
(Source: P.A. 86-1488.)
(40 ILCS 5/11-156) (from Ch. 108 1/2, par. 11-156)
Sec. 11-156. 
		Ordinary disability benefit. 
		An employee, while under
age 65 and prior to January 1, 1979, or while under age 70 and after
January 1, 1979, who becomes disabled after the effective date as the result of
any cause other than injury incurred in the performance of any act or
acts of duty, shall be entitled to ordinary disability benefit during such
disability, after the first 30 days thereof.
The disability benefit prescribed herein shall cease when the first of
the following dates shall occur and the employee, if still disabled, shall
thereafter be entitled to such annuity as is otherwise provided in this
Article:
(a) the date disability ceases.
(b) the date the disabled employee attains age 65 for disability
commencing prior to January 1, 1979.
(c) the date the disabled employee attains 65 for disability commencing
prior to attainment of age 60 in the service and after January 1, 1979.
(d) the date the disabled employee attains the age of 70 for disability
commencing after attainment of age 60 in the service and after January 1, 1979.
(e) the date the payments of the benefit shall exceed in the aggregate,
throughout the employee's service, a period equal to 1/4 of the total service
rendered prior to the date of disability but in no event more than 5 years.
In computing such total the following periods shall be excluded:
(i) Any period during which the employee received     ordinary disability benefit;
(ii) Any period of absence from duty, whether caused     by layoff, leave of absence or suspension of employment, or any other reason, unless the board, upon satisfactory evidence, finds that the disability resulted from a cause which existed or occurred prior to such period of absence. No employee who becomes disabled and whose disability begins during absence from duty (other than while on vacation with pay) shall have any right to ordinary disability benefit, except as herein provided, until he recovers from such disability and performs the duties of his position in the service for at least 15 consecutive days, Sundays and holidays excepted, after such recovery.
The first payment shall be made not later than one month after the
benefit is granted and each subsequent payment shall be made not later
than one month after the last preceding payment.
Ordinary disability benefit shall be 50% of the employee's salary at
the date of disability.
For ordinary disability benefits paid before January 1, 2001, before any
payment, an amount equal to the sum ordinarily deducted from salary
for all annuity purposes for such period for which the ordinary disability
benefit is made shall be deducted from such payment and credited to the
employee as a deduction from salary for that period.  The
sums so deducted shall be
regarded, for annuity and refund purposes, as an amount contributed by him.
For ordinary disability benefits paid on or after January 1, 2001, the fund
shall credit sums equal to the amounts ordinarily contributed by an employee
for annuity purposes for any period during which the employee receives ordinary
disability, and those sums shall be deemed for annuity purposes and purposes of
Section 11-169 as amounts contributed by the employee.  These amounts credited
for annuity purposes shall not be credited for refund purposes.
Any employee whose ordinary disability benefit was terminated after
January 1, 1979 by reason of his attainment of age 65 and who continues
disabled after age 65 may elect before July 1, 1986 to have such benefits
resumed beginning at the time of such termination and continuing until
termination is required under this Section as amended by this amendatory Act
of 1985.  The amount payable to any employee for such resumed benefit for
any period shall be reduced by the amount of any retirement annuity paid to
such employee under this Article for the same period of time or by refund
paid in lieu of annuity.
(Source: P.A. 92-599, eff. 6-28-02.)
(40 ILCS 5/11-157) (from Ch. 108 1/2, par. 11-157)
Sec. 11-157. 
		Proof of disability, duty and ordinary.
Proof of duty or ordinary disability shall be furnished to the board by
at least one licensed and practicing physician appointed by the board. The
board may require other evidence of disability. Each disabled employee who
receives duty or ordinary disability benefit shall be examined at least
once a year by one or more licensed and practicing physicians appointed by
the board. When the disability ceases, the board shall discontinue payment
of the benefit, and such employee shall be returned to active service.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-158) (from Ch. 108 1/2, par. 11-158)
Sec. 11-158. When disability benefit not payable.
(a) If an
employee receiving duty or ordinary disability benefit refuses to submit
to examination by a physician appointed by the board, or fails or refuses
to consent to and sign an authorization allowing the board to receive
copies of or examine the employee's medical and hospital records, or fails
or refuses to provide complete information regarding any other employment
for compensation he has received since he has become disabled, he shall have no
further right to receive the benefit.
(b) Disability benefit shall not be paid for any time for which the
employee receives any part of his salary or while employed by any public
body supported in whole or in part by taxation.
(c) Before any action is taken by the Board on an application for a duty disability benefit or a widow's compensation or supplemental benefit, the employee or widow shall file a claim with the employer to establish that the disability or death occurred while the employee was acting within the scope of and in the course of his or her duties.
Any amounts provided to the employee or surviving spouse as temporary total disability payments, permanent total disability payments, a lump sum settlement award, or other payment under the Workers' Compensation Act or the Workers' Occupational Diseases Act shall be applied as an offset to the disability benefit paid by the Fund, whether duty or ordinary, or any widow compensation or supplemental benefit payable under this Article  until a period of time has elapsed when the benefit payable equals the amount of such compensation, payment, or award. The duty disability benefit shall be offset at the rate of the amount of temporary total disability payments or permanent disability payments made under the Workers' Compensation Act or the Workers' Occupational Diseases Act.
If such amounts are not readily determinable or if an employee has not received temporary total disability payments or permanent weekly or monthly payments for the entire period of disability up to the time of the compensation, payment, or award under the Workers' Compensation Act or the Workers' Occupational Diseases Act, the disability benefit paid by the Fund shall be offset by 66 2/3% of the employee's salary on the date of disablement. The offset shall not be greater than the amount of disability benefits due from the Fund. The offset shall be applied until a period of time has elapsed when the benefit payable equals the amount of such compensation, payment, or award. This offset shall not apply to the initial days of disability when workers' compensation would not ordinarily be payable.
The amount of compensation or supplemental annuity payable to a widow shall be offset by any compensation, payment, or award until a period of time has elapsed when the benefit payable equals the amount of such compensation, payment, or award.
If an employee who has been disabled has received ordinary disability from the Fund and also receives  any compensation  or  payment for specific loss, disability, or death under the Workers'  Compensation  Act  or  the Workers'  Occupational Diseases Act, then the ordinary disability benefit must be repaid to the Fund before any  other benefit under this Article may be granted or paid.   If no other benefit is applied for, then the ordinary disability is offset according to the provisions of this Section.
The employee and the  employer shall provide the Fund,  on a timely basis, with the entry of the settlement contract lump sum petition and order settlement of any such lawsuit, including all details of the settlement.
(d) An employee who enters service after December 31, 1987, or an
employee who makes application for a disability benefit or applies for a
disability benefit for a recurrence of a previous disability, and who,
while in receipt of an ordinary or duty disability benefit, assumes any
employment for compensation, shall not be entitled to receive any amount of
such disability benefit which, when added to his compensation for such
employment during disability, plus any amount payable under the provisions
of the Workers' Compensation Act or Workers' Occupational Diseases Act,
would exceed the rate of salary on which his disability benefit is based.
(Source: P.A. 95-1036, eff. 2-17-09.)
(40 ILCS 5/11-159) (from Ch. 108 1/2, par. 11-159)
Sec. 11-159. Annuity after withdrawal while disabled for employees who first became participants prior to January 1, 2011.
(a) This Section applies to employees who first became participants prior to January 1, 2011.
(b) An employee whose disability continues after the employee has received ordinary
disability benefits for the maximum period of time prescribed by this
Article and who withdraws before age 60 while still so disabled is
entitled to receive an annuity in such amount as can be provided from the
total sum accumulated to the employee's credit from employee contributions and employer 
contributions, to be computed as of the employee's age on the date of withdrawal. If the minimum annuity under Section 11-134 applies and is greater than the annuity under this subsection (b), then the Section 11-134 annuity shall apply. Any annuity under this subsection (b) shall be subject to automatic annual increases under Section 11-134.1.
(c) The annuity to which the employee's spouse shall be entitled upon the employee's death shall
be fixed on the date of the employee's withdrawal. It shall be provided on a
reversionary annuity basis from the total sum accumulated to the employee's credit
for widow's annuity on the date of such withdrawal. If the minimum annuity under Section 11-145.1 applies and is greater than the annuity under this subsection (c), then the Section 11-145.1 annuity shall apply. Any widow's annuity shall not be subject to any automatic annual increases.
(d) Upon the death of any such employee while on annuity, if the employee's service
was at least 4 years after the date of the employee's original entry, and at least
2 years after the date of the employee's latest re-entry, the employee's unmarried 
children under age 18 shall be entitled to an annuity as specified in this
Article for children of an employee who retires after age 55, subject to
prescribed limitations on total payments to a family of an employee.
(Source: P.A. 103-553, eff. 8-11-23.)
(40 ILCS 5/11-159.1)
Sec. 11-159.1. Annuity after withdrawal while disabled for employees who first became participants on or after January 1, 2011.
(a)  This Section applies to employees who first became participants on or after January 1, 2011.
(b)  An employee whose disability continues after the employee has received ordinary disability benefits for the maximum period of time prescribed by this Article and who withdraws before becoming eligible for a retirement annuity under subsection (c), (c-5), (d), or (d-5) of Section 1-160 while still so disabled is entitled to receive an annuity in such amount as can be provided from the total sum accumulated to the employee's credit from employee contributions and employer contributions, to be computed as of the employee's age on the date of withdrawal. The minimum annuity under Section 11-134 shall not apply, and any annuity under this subsection (b) shall not be subject to any automatic annual increases.
(c)  The annuity to which the employee's spouse shall be entitled upon the employee's death shall be fixed on the date of the employee's withdrawal. It shall be provided on a reversionary annuity basis from the total sum accumulated to the employee's credit for widow's annuity on the date of such withdrawal. The minimum annuity under Section 11-145.1 shall not apply and any widow's annuity under this subsection (c) shall not be subject to any automatic annual increases.
(d)  Upon the death of any such employee while on annuity, if the employee's service was at least 4 years after the date of the employee's original entry, and at least 2 years after the date of the employee's latest re-entry, the employee's unmarried children under age 18 shall be entitled to an annuity as specified in this Article for children of an employee who retires after age 55, subject to prescribed limitations on total payments to a family of an employee.
(Source: P.A. 103-553, eff. 8-11-23.)
(40 ILCS 5/11-160) (from Ch. 108 1/2, par. 11-160)
Sec. 11-160. 
		Prior disability.
No disability benefit shall be granted or paid, under this Article, for
any disability incurred by an employee before the effective date.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-160.1) (from Ch. 108 1/2, par. 11-160.1)
Sec. 11-160.1. Payments to city.
(a) For the purposes of this Section, "city annuitant" means a person
receiving an age and service annuity, a widow's annuity, a child's annuity, or
a minimum annuity under this Article as a direct result of previous employment
by the City of Chicago ("the city").
(b) The board shall pay to the city, on behalf of the board's city
annuitants who participate in any of the city's health care plans, the
following amounts:
(1) From July 1, 2003 through June 30, 2008, $85 per     month for each such annuitant who is not eligible to receive Medicare benefits and $55 per month for each such annuitant who is eligible to receive Medicare benefits.
(2) Beginning July 1, 2008 and until such time as the     city no longer provides a health care plan for such annuitants or December 31, 2016, whichever comes first, $95 per month for each such annuitant who is not eligible to receive Medicare benefits and $65 per month for each such annuitant who is eligible to receive Medicare benefits.
The payments described in this subsection shall be paid from the tax levy
authorized under Section 11-169; such amounts shall be credited to the reserve
for group hospital care and group medical and surgical plan benefits, and all
payments to the city required under this subsection shall be charged against
it.
(c) The city health care plans referred to in this Section and the board's
payments to the city under this Section are not and shall not be construed to
be pension or retirement benefits for the purposes of Section 5 of Article XIII
of the Illinois Constitution of 1970.
(Source: P.A. 98-43, eff. 6-28-13.)
(40 ILCS 5/11-160.2)
Sec. 11-160.2. Payments to board of education for group health benefits.
(a) Should the Board of Education continue to sponsor a retiree health
plan, the board is authorized to pay to the Board of Education, on behalf of
each eligible annuitant who chooses to participate in the Board of Education's
retiree health benefit plan, the following amounts:
(1) From July 1, 2003 through June 30, 2008, $85 per     month for each such annuitant who is not eligible to receive Medicare benefits and $55 per month for each such annuitant who is eligible to receive Medicare benefits.
(2) Beginning July 1, 2008 and until such time as the     city no longer provides a health care plan for such annuitants or December 31, 2016, whichever comes first, $95 per month for each such annuitant who is not eligible to receive Medicare benefits and $65 per month for each such annuitant who is eligible to receive Medicare benefits.
The payments described in this subsection shall be paid from the tax levy
authorized under Section 11-169; such amounts shall be credited to the reserve
for group hospital care and group medical and surgical plan benefits, and all
payments to the Board of Education under this subsection shall be charged
against it.
(b) The Board of Education health benefit plan referred to in this Section
and the board's payments to the Board of Education under this Section are
not and shall not be construed to be pension or retirement benefits for the
purposes of Section 5 of Article XIII of the Illinois Constitution of 1970.
(Source: P.A. 98-43, eff. 6-28-13.)
(40 ILCS 5/11-161) (from Ch. 108 1/2, par. 11-161)
Sec. 11-161. 
		Re-entry into service. 
		(a) When an employee who has withdrawn from service reenters service
before age 65, any annuity previously granted and any annuity fixed for
his wife shall be cancelled. The employee shall be credited for annuity
purposes with sums sufficient to provide annuities equal to those
cancelled as of their ages on the date of re-entry; provided, the
maximum age of the wife for this purpose shall be as provided in Section
11-150 of this Article.
The sums so credited shall provide for annuities to be fixed and
granted in the future. Contributions by the employee
and by the city for
purposes of this Article shall be made, and when the proper time
arrives, as provided in this Article, new annuities based upon the total
sum accumulated to his credit for annuity purposes and the entire term
of service shall be fixed for the employee and his wife. If the
employee's wife is not his wife when he re-enters service, no part of
any credits for widow's annuity or widow's prior service annuity at the
time annuity for his wife was fixed shall be credited upon re-entry into
service, and no such sums shall thereafter be used to provide such
annuity.
(b) When an employee re-enters service after age 65, payments on
account of any annuity previously granted shall be suspended during the
time thereafter that he is in service, and when he again withdraws,
annuity payments shall be resumed. If the employee dies in service, his
widow shall receive the amount of annuity previously fixed for her.
(Source: P.A. 81-1536.)
(40 ILCS 5/11-162) (from Ch. 108 1/2, par. 11-162)
Sec. 11-162. 
		Re-entry into service - Prior employee. 
		An employee who was not in the service of an employer or the
retirement board of any annuity and benefit fund which is on an
actuarial reserve basis on the effective date, who was in service prior
to that date, and who re-enters service after that date and before age
65, shall not be credited for prior service annuity or widow's prior
service annuity on account of service prior to the effective date. The
period of service, prior to the effective date, shall, however, be
included in computing service for age and service annuity and widow's
annuity. Such employee shall be a future entrant for the purposes of
this Article.
For any person employed by an employer prior to August 1, 1949, from
whose salary deductions were made for the purposes of this Article for
the first time after July 31, 1949, any service rendered prior to July
1, 1935, unless he was in service on the day before the effective date,
shall not, regardless of any other provisions of this Article, be
counted as service for the purposes of this Article.
Contributions by the employee to whom this section
applies, and city
contributions for age and service annuity and widow's annuity, shall be
made as herein provided.
Any person employed by an employer, or retirement board, in which
this Article was in force prior to August 1, 1949, who (1) was not a
participant in this fund on August 1, 1949, (2) attained age 65 or more
on or before July 1, 1950, and (3) fails to qualify as an employee by
July 1, 1950, shall not be credited for any annuity purposes under this
Article; nor shall any other person so employed, who attains age 65
before July 1, 1950, and before qualifying as an employee, be credited
for any annuity purposes under this Article. Such persons shall not be
considered employees.
(Source: P.A. 81-1536.)
(40 ILCS 5/11-163)
							 (from Ch. 108 1/2, par. 11-163)
Sec. 11-163. Restoration of rights. An employee who has withdrawn as a
refund the amounts credited for annuity purposes, and who (i) re-enters
service of the employer and serves for periods comprising at least 90
days after the date of the last refund paid to him or (ii) has
completed at least 2 years of service under a participating system (as defined
in the Retirement Systems Reciprocal Act) other than this Fund after the date
of the last refund, shall have his annuity rights restored by making
application to the board in writing for the privilege of re-instating such
rights and by compliance with the following provisions:
(a) After that 90 day or 2 year period, whichever     applies, he shall repay in full to the Fund, while in service, all refunds received, together with interest at the effective rate from the application dates of such refund or refunds to the date of repayment.
(b) If payment is not made in a single sum, repayment     may be made in installments by deductions from salary or otherwise, in such manner and amounts as the board, by rule, may prescribe, with interest at the effective rate accruing on the unpaid balance.  The employee shall be credited with interest at the effective rate from the date of each installment until full repayment is made.
(c) If the employee withdraws from service or dies in     service before full repayment is made, service credit shall be restored in accordance with Section 11-221.2(b).
(d) If the employee withdraws from service or dies in     service  during the required 90 day or 2 year period, any repayments made shall be refunded, without interest thereon and in accordance with the refund provisions of this Article.
(e) If the employee repays the refund while     participating in a participating system (as defined in the Retirement Systems Reciprocal Act) other than this Fund, the service credit restored must be used for a proportional annuity calculated in accordance with the Retirement Systems Reciprocal Act.  If not so used, the restored service credit shall be forfeited and the amount of the repayment shall be refunded, without interest.
(Source: P.A. 93-654, eff. 1-16-04.)
(40 ILCS 5/11-164) (from Ch. 108 1/2, par. 11-164)
Sec. 11-164. Refunds - Withdrawal before age 55 or age 62 or with less than 10
years of service.
(1) An employee who first became a member before January 1, 2011,  without regard to length of service, who withdraws
before age 55, and any employee with less than 10 years of service who
withdraws before age 60, shall be entitled to a refund of the total sum
accumulated to his credit as of date of withdrawal for age and service
annuity and widow's annuity from amounts contributed by him or by the
City in lieu of employee contributions during duty disability; provided
that such amounts contributed by the city after December 31, 1983 while
the employee is receiving duty disability benefits and amounts credited to
the employee for annuity purposes by the fund after December 31, 2000 while the
employee is receiving ordinary disability benefits shall not be credited
for refund purposes.
An employee who first becomes a member on or after January 1, 2011 who withdraws before age 62 without regard to length of service, or who withdraws with less than 10 years of service regardless of age, shall be entitled to a refund of the total sum accumulated to his credit as of date of withdrawal for age and service annuity and widow's annuity provided that such amounts contributed by the city while the employee is receiving duty disability benefits and amounts credited to the employee for annuity purposes by the fund while the employee is receiving ordinary disability benefits shall not be credited for refund purposes.
The board may in its discretion withhold payment of refund for a
period not to exceed 6 months from the date of withdrawal. Interest at
the effective rate shall be paid on any such refund withheld during such
withheld period not to exceed 6 months.
(2) Upon receipt of the refund, the employee surrenders and forfeits
all rights to any annuity or other benefits, for himself and for any
other persons who might have benefited through him; provided that he may
have such period of service counted in computing the term of his service
for age and service annuity purposes only if he becomes an employee
before age 65.
(3) An employee who does not receive a refund shall have all amounts
to his credit for annuity purposes on the date of his withdrawal
improved by interest only until he becomes age 65, while out of service,
at the effective rate, for his benefit and the benefit of any person who
may have any right to annuity through him if he re-enters the service
and attains a right to annuity.
(4) Any such employee shall retain such right to refund of such
amounts when he shall apply for same, until he re-enters the service or
until the amount of annuity to which he shall have a right shall have
been fixed as provided in this Article. Thereafter, no such right shall
exist in the case of any such employee.
(Source: P.A. 96-1490, eff. 1-1-11.)
(40 ILCS 5/11-165) (from Ch. 108 1/2, par. 11-165)
Sec. 11-165. 
		Refund of widow's annuity deductions. 
		If a male employee is (1) unmarried when he attains age 65, or (2)
married at age 65, and subsequently becomes a widower while still in
service, or (3) unmarried upon withdrawal before age 65 and enters upon
annuity, the sum accumulated from employee contributions for widow's
annuity shall be refunded to him.
(Source: P.A. 81-1536.)
(40 ILCS 5/11-166) (from Ch. 108 1/2, par. 11-166)
Sec. 11-166. 
		Refunds - When paid to beneficiaries, children or estate. 
		Whenever the total amount accumulated to the account of a deceased
employee from employee contributions
for annuity purposes have not been
paid to him, and in the case of a married male employee to the employee
and his widow, both together, in form of annuity before the death of the
last of such persons, a refund shall be paid as follows:
An amount equal to the excess of such amounts, over the amount paid
on any annuity or annuities, or refund, without interest upon either of
such amounts, shall be refunded to a beneficiary theretofore designated
by the employee in writing, signed by him before an officer authorized
to administer oaths, and filed with the board before the employee's
death.
If there is no designated beneficiary or the beneficiary does not
survive the employee, the amount shall be refunded to the employee's
children, in equal parts, with the children of a deceased child taking
the share of their parent. If there is no designated beneficiary or
children, the refund shall be paid to the administrator or executor of
the employee's estate.
If an administrator or executor of the estate has not been appointed
within 90 days from the date the refund became payable, the refund may
be applied in the discretion of the board toward the payment of the
employee's burial expenses. Any remaining balance shall be paid to the
heirs of the employee according to the law of descent and distribution
of this State but assuming for the purpose of such payment of refund and
determination of heirs that the deceased male employee left no widow of
him surviving in those cases where a widow eligible for widow's annuity
as his widow survived him and subsequently dies; provided, that if any
child or children of the employee are less than age 18, such part or all
of any such amount necessary to pay annuities to them shall not be
refunded as hereinbefore stated but shall be transferred to the child's
annuity reserve and used therein for the payment of such annuities.
(Source: P.A. 81-1536.)
(40 ILCS 5/11-167) (from Ch. 108 1/2, par. 11-167)
Sec. 11-167. Refunds in lieu of annuity. In lieu of an annuity, an
employee who withdraws, and whose annuity would amount to less than
$800 a month for life may elect to receive a refund of the
total sum accumulated to his credit from employee contributions for
annuity purposes.
The widow of any employee, eligible for annuity upon the death of her
husband, whose annuity would amount to less than $800 a month
for life, may, in lieu of a widow's annuity, elect to receive a refund of the
accumulated contributions for annuity purposes, based on the amounts
contributed by her deceased employee husband, but reduced by any amounts
theretofore paid to him in the form of an annuity or refund out of such
accumulated contributions.
Accumulated contributions shall mean the amounts including interest
credited thereon contributed by the employee for age and service and
widow's annuity to the date of his withdrawal or death, whichever first
occurs, and including the accumulations from any amounts contributed for
him as salary deductions while receiving duty disability benefits; provided
that such amounts contributed by the city after December 31, 1983 while
the employee is receiving duty disability benefits and amounts credited to
the employee for annuity purposes by the fund after December 31, 2000 while the
employee is receiving ordinary disability benefits shall not be included.
The acceptance of such refund in lieu of widow's annuity, on the part of a
widow, shall not deprive a child or children of the right to receive a child's
annuity as provided  for in Sections 11-153 and 11-154 of this Article, and
neither shall the payment of a child's annuity in the case of such refund to a
widow reduce the amount herein set forth as refundable to such widow electing a
refund in lieu of widow's annuity.
(Source: P.A. 92-599, eff. 6-28-02; 93-654, eff. 1-16-04.)
(40 ILCS 5/11-168) (from Ch. 108 1/2, par. 11-168)
Sec. 11-168. 
		Refunds-Transfer of city contributions. 
		
		Whenever any amount is refunded, as provided in Sections 11-164 and
11-165, the amounts to the credit of the employee from contributions by
the city, shall be transferred to the prior service annuity reserve.
Thereafter any such remaining amounts shall become a credit to the
remaining amounts shall become a credit to the city to be used to reduce
the amount which the city would otherwise pay during a succeeding year.
Any amounts accumulated from contributions by the City for widow's
annuity for any male employee who becomes a widower after he attains age
65, who is paid a refund, shall remain in the annuity payment reserve.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-169) (from Ch. 108 1/2, par. 11-169)
Sec. 11-169. Financing; tax levy.
(a) Except as provided in subsection (f) of this Section, the city
council of the city shall levy a tax annually upon all taxable property in the
city at the rate that will produce a sum which, when added to the amounts
deducted from the salaries of the employees or otherwise contributed by them
and the amounts deposited under subsection (f), will be sufficient for the
requirements of this Article.  For the years prior to the year 1950 the tax
rate shall be as provided for under "The 1935 Act".  Beginning with the year
1950 to and including the year 1969 such tax shall be not more than .036%
annually of the value, as equalized or assessed by the Department of Revenue,
of all taxable property within such city.  Beginning with the year 1970 and
each year thereafter through levy year 2016, the city shall levy a tax annually at a rate on the dollar
of the value, as equalized or assessed by the Department of Revenue
of all taxable property within such city that will
produce, when extended, not to exceed an amount equal to the total
amount of contributions by the employees to the fund
made in the calendar year 2 years prior to the year for which the annual
applicable tax is levied, multiplied by 1.1 for the years 1970, 1971 and
1972; 1.145 for the year 1973; 1.19 for the year 1974; 1.235 for the
year 1975; 1.280 for the year 1976; 1.325 for the year 1977; 1.370
for the years 1978 through 1998; and 1.000 for the year 1999
and for each year thereafter through levy year 2016. Beginning in levy year 2017, and in each year thereafter, the levy shall not exceed the amount of the city's total required contribution to the Fund for the next payment year, as determined under subsection (a-5). For the purposes of this Section, the payment year is the year immediately following the levy year.
The tax shall be levied and collected in like manner with the general
taxes of the city, and shall be exclusive of and in addition to the
amount of tax the city is now or may hereafter be authorized to levy for
general purposes under any laws which may limit the amount of tax which
the city may levy for general purposes.  The county clerk of the county
in which the city is located, in reducing tax levies under the
provisions of any Act concerning the levy and extension of taxes, shall
not consider the tax herein provided for as a part of the general tax
levy for city purposes, and shall not include the same within any
limitation of the per cent of the assessed valuation upon which taxes
are required to be extended for such city.
Revenues derived from such tax shall be paid to the city treasurer of
the city as collected and held by the city treasurer for the benefit of the fund.
If the payments on account of taxes are insufficient during any year
to meet the requirements of this Article, the city may issue tax
anticipation warrants against the current tax levy.
The city may continue to use other lawfully available funds in lieu of all or part of the levy, as provided under subsection (f) of this Section.
(a-5)(1) Beginning in payment year 2018, the city's required annual contribution to the Fund for payment years 2018 through 2022 shall be: for 2018, $36,000,000; for 2019, $48,000,000; for 2020, $60,000,000; for 2021, $72,000,000; and for 2022, $84,000,000.
(2) For payment years 2023 through 2058, the city's required annual contribution to the Fund shall be the amount determined by the Fund to be equal to the sum of (i) the city's portion of projected normal cost for that fiscal year, plus (ii) an amount determined on a level percentage of applicable employee payroll basis that is sufficient to bring the total actuarial assets of the Fund up to 90% of the total actuarial liabilities of the Fund by the end of 2058.
(3) For payment years after 2058, the city's required annual contribution to the Fund shall be equal to the amount, if any, needed to bring the total actuarial assets of the Fund up to 90% of the total actuarial liabilities of the Fund as of the end of the year. In making the determinations under paragraphs (2) and (3) of this subsection, the actuarial calculations shall be determined under the entry age normal actuarial cost method, and any actuarial gains or losses from investment return incurred in a fiscal year shall be recognized in equal annual amounts over the 5-year period following the fiscal year.
To the extent that the city's contribution for any of the payment years referenced in this subsection is made with property taxes, those property taxes shall be levied, collected, and paid to the Fund in a like manner with the general taxes of the city.
(a-10) If the city fails to transmit to the Fund contributions required of it under this Article by December 31 of the year in which such contributions are due, the Fund may, after giving notice to the city, certify to the State Comptroller the amounts of the delinquent payments, and the Comptroller must, beginning in payment year 2018, deduct and deposit into the Fund the certified amounts or a portion of those amounts from the following proportions of grants of State funds to the city:
(1) in payment year 2018, one-third of the total     amount of any grants of State funds to the city;
(2) in payment year 2019, two-thirds of the total     amount of any grants of State funds to the city; and
(3) in payment year 2020 and each payment year     thereafter, the total amount of any grants of State funds to the city.
The State Comptroller may not deduct from any grants of State funds to the city more than the amount of delinquent payments certified to the State Comptroller by the Fund.
(b) On or before July 1, 2017, and each July 1 thereafter, the board shall certify to the
city council the annual amounts required under this Article, for which the tax herein
provided shall be levied for the following year.  The board shall compute
the amounts necessary for the purposes of this fund to be credited to
the reserves established and maintained as herein provided, and shall
make an annual determination of the amount of the required city
contributions; and certify the results thereof to the city council.
(c) In respect to employees of the city who are transferred to the
employment of a park district by virtue of "Exchange of Functions Act of
1957" the corporate authorities of the park district shall annually levy
a tax upon all the taxable property in the park district at such rate
per cent of the value of such property, as equalized or assessed by the
Department of Revenue, as shall be sufficient, when
added to the amounts deducted from their salaries and
otherwise contributed by them, to provide the benefits to which they and
their dependents and beneficiaries are entitled under this Article. The
city shall not levy a tax hereunder in respect to such employees.
The tax so levied by the park district shall be in addition to and
exclusive of all other taxes authorized to be levied by the park
district for corporate, annuity fund, or other purposes.  The county
clerk of the county in which the park district is located, in reducing
any tax levied under the provisions of any Act concerning the levy and
extension of taxes shall not consider such tax as part of the general
tax levy for park 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 for the park district.  The proceeds of the
tax levied by the park district, upon receipt by the district, shall be
immediately paid over to the city treasurer of the city for the uses and
purposes of the fund.
The various sums to be contributed by the city and allocated for the
purposes of this Article, and any interest to be contributed by the city,
shall be taken from the revenue derived from the taxes authorized in this
Section, and no money of such city derived from any source other than
the levy and collection of those taxes or the sale of tax
anticipation warrants in accordance with the provisions of this Article shall
be used to provide revenue for this Article, except as expressly provided in
this Section.
If it is not possible for the city to make contributions for age and
service annuity and widow's annuity concurrently with the employee's
contributions made for such purposes, such city shall
make such contributions as soon as possible and practicable thereafter
with interest thereon at the effective rate to the time they shall be
made.
(d) With respect to employees whose wages are funded as participants
under the Comprehensive Employment and Training Act of 1973, as amended
(P.L. 93-203, 87 Stat. 839, P.L. 93-567, 88 Stat. 1845), hereinafter
referred to as CETA, subsequent to October 1, 1978, and in instances
where the board has elected to establish a manpower program reserve, the
board shall compute the amounts necessary to be credited to the manpower
program reserves established and maintained as herein provided, and
shall make a periodic determination of the amount of required
contributions from the City to the reserve to be reimbursed by the
federal government in accordance with rules and regulations established
by the Secretary of the United States Department of Labor or his
designee, and certify the results thereof to the City Council. Any such
amounts shall become a credit to the City and will be used to reduce the
amount which the City would otherwise contribute during succeeding years
for all employees.
(e) In lieu of establishing a manpower program reserve with respect
to employees whose wages are funded as participants under the
Comprehensive Employment and Training Act of 1973, as authorized by
subsection (d), the board may elect to establish a special municipality
contribution rate for all  such employees. If this option is elected,
the City shall contribute to the Fund from federal funds provided under
the Comprehensive Employment and Training Act program at the special
rate so established and such contributions shall become a credit to the
City and be used to reduce the amount which the City would otherwise
contribute during succeeding years for all employees.
(f) In lieu of levying all or a portion of the tax required under this
Section in any year, the city may deposit of that year for the benefit of the fund, to be held in accordance with
this Article, an amount that, together with the taxes levied under this Section
for that year, is not less than the amount of the city contributions for that
year as certified by the board to the city council.  The deposit may be derived
from any source legally available for that purpose, including, but not limited
to, the proceeds of city borrowings.  The making of a deposit shall satisfy
fully the requirements of this Section for that year to the extent of the
amounts so deposited.  Amounts deposited under this subsection may be used by
the fund for any of the purposes for which the proceeds of the tax levied by
the city under this Section may be used, including the payment of any amount
that is otherwise required by this Article to be paid from the proceeds of that
tax.
(Source: P.A. 100-23, eff. 7-6-17.)
(40 ILCS 5/11-169.1)
Sec. 11-169.1. (Repealed).
(Source: P.A. 98-641, eff. 6-9-14. Repealed by P.A. 100-23, eff. 7-6-17.)
(40 ILCS 5/11-170) (from Ch. 108 1/2, par. 11-170)
Sec. 11-170. Contributions for age and service annuities for present
employees, future entrants and re-entrants.
(a) Beginning on the effective date and prior to July 1, 1947, 3
1/4%; and beginning on July 1, 1947 and prior to July 1, 1953, 5%; and
beginning July 1, 1953 and prior to January 1, 1972, 6%; and beginning
January 1, 1972, 6 1/2% of each payment of the salary of each present
employee, future entrant and re-entrant, except as provided in subsection (a-5) and (a-10), shall be contributed to the fund
as a deduction from salary for age and service annuity.
(a-5) Except as provided in subsection (a-10), for an employee who  made the election under item (i) of subsection (d-10) of Section 1-160:  prior to the effective date of this amendatory Act of the 100th General Assembly,  6.5%; and beginning on the effective date of this amendatory Act of the 100th General Assembly and prior to January 1, 2018, 7.5%; and beginning January 1, 2018 and prior to January 1, 2019, 8.5%; and beginning January 1, 2019 and thereafter, employee
contributions for those employees who made the
election under item (i) of subsection (d-10) of Section 1-160
shall be the lesser of: (i) the total normal cost, calculated
using the entry age normal actuarial method, projected for the prior 
fiscal year for the benefits and expenses of the plan of
benefits applicable to those members and participants who first became members or participants on or after the effective date
of this amendatory Act of the 100th General Assembly and to
those employees who made the election under item (i) of
subsection (d-10) of Section 1-160, but not less than 6.5% of
each payment of salary combined with the employee contributions
provided for in subsection (b) of Section 11-134.1 and Section
11-174 of this Article; or
(ii) the aggregate employee contribution consisting of 9.5% of
each payment of salary combined with the employee contributions
provided for in subsection (b) of Section 11-134.1 and 11-174 of
this Article.
For the one-year period beginning with
the first pay period in January of each year the date when the funded ratio
of the fund as determined in the annual actuarial valuation is first determined to have reached the 90% funding
goal, and each subsequent one-year period thereafter for as long as the fund
maintains a funding ratio of 75% or more, employee
contributions for age and service annuity for those employees
who made the election under item (i) of subsection (d-10) of
Section 1-160 shall be 5.5% of each payment of salary. If the
funding ratio falls below 75%, then employee contributions for age and service annuity for those employees who made the
election under item (i) of subsection (d-10) shall revert to the lesser of: (A) the total normal cost, calculated
using the entry age normal actuarial method, projected for the prior 
fiscal year for the benefits and expenses of the plan of
benefits applicable to those members and participants who first became members or participants on or after the effective date
of this amendatory Act of the 100th General Assembly and to
those employees who made the election under item (i) of
subsection (d-10) of Section 1-160, but not less than 6.5% of
each payment of salary combined with the employee contributions
provided for in subsection (b) of Section 11-134.1 and Section
11-174 of this Article; or
(B) the aggregate employee contribution consisting of 9.5% of
each payment of salary combined with the employee contributions
provided for in subsection (b) of Section 11-134.1 and 11-174 of
this Article. If the fund once again is determined to
have reached a funding ratio of 75%, the 5.5% of
salary contribution for age and service annuity shall resume.
An employee who made the election under item (ii) of subsection
(d-10) of Section 1-160 shall continue to have the
contributions for age and service annuity determined under
subsection (a) of this Section.
If contributions are reduced to less than the
aggregate employee contribution described in item (ii) or item (B) of this
subsection due to application of the normal cost criterion,
the employee contribution amount shall be
consistent for that fiscal year.
The normal cost, for the purposes of this subsection (a-5) and subsection (a-10), shall be calculated by an independent enrolled actuary mutually agreed upon by the fund and the City. The fees and expenses of the independent actuary shall be the responsibility of the City. For purposes of this subsection (a-5), the fund and the City shall both be considered to be the clients of the actuary, and the actuary shall utilize participant data and actuarial standards to calculate the normal cost.  The fund shall provide information that the actuary requests in order to calculate the applicable normal cost.
(a-10) For each employee subject to subsection (c-5) of Section 1-160, 9.5% of each payment of salary shall be contributed to the fund as a deduction from salary for age and service annuity. Beginning January 1, 2018
and each year thereafter, employee contributions
for each employee subject to this subsection (a-10) shall be
the lesser of: (i) the total normal cost, calculated using the entry age normal actuarial method, projected for the prior 
fiscal year for the benefits and expenses of the plan of
benefits applicable to those members and participants who first
become members or participants on or after the effective date of this amendatory Act of the 100th General Assembly and to
those employees who made the election under item (i) of
subsection (d-10) of Section 1-160, but not less than 6.5% of
each payment of salary combined with the employee contributions
provided for in subsection (b) of Section 11-134.1 and Section
11-174 of this Article; or (ii) the aggregate
employee contribution consisting of 9.5% of each payment of
salary combined with the employee contributions provided for in
subsection (b) of Section 11-134.1 and Section 11-174 of this
Article.
For the one-year period beginning with the first pay period in January of each year after the date when the funded ratio of the fund as determined in the annual actuarial valuation is first determined to have reached the 90% funding goal, and each subsequent one-year period thereafter for as long as the fund maintains a funding ratio of 75% or more, employee contributions for age and service annuity for each employee subject to this subsection (a-10) shall be 5.5% of each payment of salary. If the funding ratio falls below 75%, then employee contributions for age and service annuity for each employee subject to this subsection (a-10) shall revert to the lesser of: (A) the total normal cost, calculated using the entry age normal actuarial method, projected for the prior 
fiscal year for the benefits and expenses of the plan of
benefits applicable to those members and participants who first
become members or participants on or after the effective date of this amendatory Act of the 100th General Assembly and to
those employees who made the election under item (i) of
subsection (d-10) of Section 1-160, but not less than 6.5% of
each payment of salary combined with the employee contributions
provided for in subsection (b) of Section 11-134.1 and Section
11-174 of this Article; or (B) the aggregate
employee contribution consisting of 9.5% of each payment of
salary combined with the employee contributions provided for in
subsection (b) of Section 11-134.1 and Section 11-174 of this
Article. If the fund once again is determined to have reached a funding ratio of 75%, the 5.5% of salary contribution for age and service annuity shall resume.
If contributions are reduced to less than the
aggregate employee contribution described in item (ii) or item (B) of this
subsection (a-10) due to application of the normal cost
criterion, the employee contribution amount shall be consistent for that fiscal year.
Such deductions
beginning on the effective date and prior to June 30, 1947, inclusive
shall be made for a future entrant while he is in service until he
attains age 65, and for a present employee while he is in service until
the amount so deducted from his salary with interest at the rate of 4%
per annum shall be equal to the sum which would have accumulated to his
credit from sums deducted from his salary if deductions at the rate
herein stated had been made during his entire service until he attained
age 65 with interest at 4% per annum for the period subsequent to his
attainment of age 65. Such deductions beginning July 1, 1947 shall be
made and continued for employees while in the service.
(b) Concurrently with each employee contribution, the city shall contribute beginning on the effective date and prior to July 1, 1947, 5 3/4%; and beginning July 1, 1947 and prior to July 1, 1953, 7%; and beginning July 1, 1953 and prior to July 6, 2017, 6% of each payment of such salary until the employee attains age 65.  Beginning July 6, 2017, the Fund shall credit sums equal to 6% of each payment of such salary for annuity purposes. The amounts credited for annuity purposes shall not be credited for refund purposes.
(c) Each employee contribution made prior to the date age and
service annuity for an employee is fixed and each corresponding city
contribution shall be allocated to the account of and credited to the
employee for whose benefit it is made.
(d) Notwithstanding Section 1-103.1, the changes to this Section made by this amendatory Act of the 100th General Assembly apply regardless of whether the employee was in active service on or after the effective date of this amendatory Act.
(Source: P.A. 100-23, eff. 7-6-17; 100-1166, eff. 1-4-19.)
(40 ILCS 5/11-170.1)
							 (from Ch. 108 1/2, par. 11-170.1)
Sec. 11-170.1. Pickup of employee contributions.
(a) The employer may pick up the employee contributions required
by Sections 11-156, 11-170, 11-174 and 11-175.1 for salary earned after
December 31, 1981.  If employee contributions are not picked up, the amount
that would have been picked up under this amendatory Act of 1980 shall
continue to be deducted from salary.  If contributions are picked up they shall
be treated as employer contributions in determining tax treatment under the
United States Internal Revenue Code; however, the employer shall continue to
withhold Federal and state income taxes based upon these contributions until
the Internal Revenue Service or the Federal courts rule that pursuant to
Section 414(h) of the United States Internal Revenue Code, these contributions
shall not be included as gross income of the employee until such time as they
are distributed or made available.  The employer shall pay these employee
contributions from the same source
of funds which is used in paying salary to the employee.  The employer
may pick up these contributions by a reduction in the cash salary of the
employee or by an offset against a future salary increase or by a combination
of a reduction in salary and offset against a future salary increase.  If
employee contributions are picked up they shall be treated for all purposes
of this Article 11, including Section 11-169, in the same manner and to
the same extent as employee contributions made prior to the date picked up.
(b) Subject to the requirements of federal law and the rules of the Board,
the Fund may allow the employee to elect to have the employer pick up the
optional contributions that the employee has elected to pay to the Fund, and
the contributions so picked up shall be treated as employer contributions for
the purpose of determining federal tax treatment.  The employer shall pick up
the contributions by a reduction in the cash salary of the employee and shall
pay contributions from the same source of funds that is used to pay earnings of
the employee.  The election to have the contributions picked up is irrevocable,
and the optional contributions may not thereafter be prepaid, by direct payment
or otherwise.
If the provision authorizing the optional contribution requires payment by a
stated date (rather than the date of withdrawal or retirement), the requirement
will be deemed to have been satisfied if (i) on or before the stated date the
employee executes a valid irrevocable election to have the contributions picked
up under this subsection, and (ii) the picked-up contributions are in fact paid
to the Fund as provided in the election.
If employee contributions are picked up under this subsection, they shall be
treated for all purposes of this Article 11, including Section 11-169, in the
same manner and to the same extent as optional employee contributions made
prior to the date picked up.
(Source: P.A. 93-654, eff. 1-16-04.)
(40 ILCS 5/11-171) (from Ch. 108 1/2, par. 11-171)
Sec. 11-171. 
		Additional contributions and credits-All employees.
Any employee in service on July 1, 1947, may elect to make an additional
contribution while in service which shall not exceed 7/13 of the sum
accumulated for age and service annuity plus interest on July 1, 1947, or
at age 65, if he attained such age prior thereto. The time and manner of
making such additional contributions shall be prescribed by the board.
Concurrently with each such additional contribution, the city shall
contribute 1 and 4/10 times the additional contribution.
These contributions shall be improved at interest at the effective rate,
in like manner as other employee and city contributions; provided, that the
employee, while in service, may request a refund of all or any part of such
contributions, without interest, or shall have them refunded to him,
without interest when he retires on annuity or to his widow, if and to the
extent they do not serve to increase the annuity otherwise payable to him
or to his widow.
By such refund the employee or his widow surrenders and forfeits all
rights which might otherwise have accrued by virtue of any amount so
refunded, including related city contributions.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-172) (from Ch. 108 1/2, par. 11-172)
Sec. 11-172. 
		Contributions by employee after annuity is fixed.
Any contributions by an employee, after the date when his age and
service annuity is fixed, shall not increase the amount of such annuity.
Such contributions shall be applied toward the extra cost of a minimum
annuity where payable over the amount of age and service annuity. The
accumulated sum arising therefrom shall be refunded when the employee
withdraws from service if he be not entitled to such minimum annuity, or
shall be applied toward the extra cost of such minimum annuity if he is
eligible therefor, over the age and service annuity to the extent of such
extra cost as provided in Section 11-149. The balance, if any, shall be
refunded.
In the event the employee is not entitled to a minimum annuity, or upon
death of the employee while in the service after his attainment of age 65
with less than 20 years of service credit at date of death, the accumulated
sum arising from employee contributions after his annuity was fixed at age
65 shall be refunded to his widow.
(Source: P.A. 76-1509.)
(40 ILCS 5/11-173) (from Ch. 108 1/2, par. 11-173)
Sec. 11-173. 
		Interest credits-All employees.
Amounts credited for age and service and prior service annuity shall be
improved by interest at the effective rate from the end of the month in
which the contributions were due during the time thereafter an employee is
in service until his annuity is fixed if a present employee or until
attainment of age 65 if a future entrant or a re-entrant.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-174) (from Ch. 108 1/2, par. 11-174)
Sec. 11-174. 
		
		Contributions for widow's annuity for widows of present employees,
future entrants and re-entrants.
(a) Beginning on the effective date, 1%, and from and after January 1,
1966, 1 1/2%, of each payment of salary, shall be contributed by each male
employee for widow's annuity as a deduction from salary. Deductions shall
be continued during service until the employee attains age 65.
(b) Concurrently with each employee contribution, the city shall
contribute beginning on the effective date and prior to July 1, 1947, 1
3/4%; and beginning July 1, 1947, 2% of salary.
(c) Each employee contribution made prior to the date when the amount of
widow's annuity is fixed and each corresponding city contribution shall be
allocated to the account of and credited to the employee for whose benefit
it is made.
(Source: Laws 1965, p. 2292.)
(40 ILCS 5/11-175) (from Ch. 108 1/2, par. 11-175)
Sec. 11-175. 
		Widow's annuity interest credits-All employees.
Amounts allocated to the account of and credited for widow's and widow's
prior service annuity shall be improved by interest at the effective rate
from the end of the month in which such contributions were due during the
time thereafter an employee is in service until he attains age 65.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-175.1) (from Ch. 108 1/2, par. 11-175.1)
Sec. 11-175.1. 
		Contributions by female employees. 
		(a) Effective as of October 1, 1974, each female employee shall
contribute at the same rates as a
male employee for widow's annuity or
other benefits, to the end that like credits may be established and
maintained for both male and female employees for all purposes of this
Article with respect to annuities, benefits, contribution rates, refunds
and other provisions of this Article.
(b) Any female employee shall have the option of making
contributions for the aforesaid purposes covering the period prior to
October 1, 1974, and receiving pension credits therefor, including the
concurrent credits from city contributions. Such contributions shall
include interest at 4% per annum from the dates such contributions
should have been made from the beginning of their service to the dates
of payment to the end that equal credits may be provided for all
employees under this Article.
(Source: P.A. 81-1536.)
(40 ILCS 5/11-176) (from Ch. 108 1/2, par. 11-176)
Sec. 11-176. 
		Contributions by city for duty disability benefit. 
		In lieu of all amounts ordinarily contributed by an employee and by
the city for age and service annuity, and widow's annuity the city shall
contribute sums equal to such amounts for any period during which the
employee receives a duty disability benefit under this Article, or a
temporary total disability benefit under the Workers' Compensation Act if
the disability results from a condition commonly termed heart attack or
stroke or any other condition falling within the broad field of coronary
involvement or heart disease, to be credited to the disabled employee for
annuity purposes as though he were in active discharge of his duties during
any such period of disability.
(Source: P.A. 86-1488.)
(40 ILCS 5/11-177) (from Ch. 108 1/2, par. 11-177)
Sec. 11-177. 
		Contributions by city for ordinary disability benefit.
The city shall contribute all amounts ordinarily contributed by it for
annuity purposes for any employee receiving ordinary disability benefit as
though he were in active discharge of his duties during such period of
disability.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-178)
							 (from Ch. 108 1/2, par. 11-178)
Sec. 11-178. Contributions by city for prior service annuities and other
benefits. 
					The city shall make contributions to provide prior service and widow's
prior service annuities, and other annuities and benefits, as follows:
1.  To credit to the city contribution reserve such     amounts required from the city but not contributed by it for age and service and prior service annuities, and widow's annuities and widows' prior service annuities;
2.  To meet such part of any minimum annuity as shall     be in excess of the age and service annuity and prior service annuity, and to meet such part of any minimum widow's annuity in excess of the amount of widow's annuity and widow's prior service annuity;
3.  To provide a sufficient balance in the investment     and interest reserve to permit a transfer from that reserve to other reserves of the fund. Whenever the balance of the investment and interest reserve is not sufficient to permit a transfer from that reserve to any other reserve, the city shall contribute sums sufficient to make possible such transfer;
4. An amount equal to the difference between (1) the     sum produced by the tax levy stated in Section 11-169 and (2) all sums required for the purposes of this Article 11 in accordance with the provisions of this Article 11 except those stated in this Section, shall be applied for purposes of this Section.
Provided that if in any year such total sums together with all other
sums required during such year for the other purposes of the fund, are in
excess of the total amount contributed by the city during such year, the
sums required for purposes other than those stated in this Section shall
first be provided for. The balance shall then be applied for the purposes
stated in this Section.
All such contributions shall be credited to the prior service annuity
reserve. When the balance of this reserve equals its liabilities (including
in addition to all other liabilities, the present values of all annuities,
present or prospective, according to the applicable mortality tables and
rates of interest, but excluding any liabilities arising under Sections
11-133.3 and 11-133.4), the city shall cease to contribute the sum stated in
this Section.
If annexation of territory and the employment by the city of any person
employed as a city laborer in any such territory at the time of annexation,
after the city has ceased to contribute as herein provided, results in
additional liabilities for prior service annuity and widow's prior service
annuity for any such employee, contributions by the city for such purposes
shall be resumed.
Notwithstanding any provision in this Section to the contrary, the city
shall not make a contribution for credit established by an employee under
subsection (b) of Section 11-133.3.
(Source: P.A. 93-654, eff. 1-16-04.)
(40 ILCS 5/11-179) (from Ch. 108 1/2, par. 11-179)
Sec. 11-179. 
		Contribution by city for administration costs. 
		The city shall contribute from revenue derived from taxes herein
authorized, the amount necessary to defray costs of administration of the
fund. Beginning July 1, 1987, the board shall estimate and approve a budget
for the entire cost of administration of the fund required each year to be
contributed by the city by its regular January meeting for the current
fiscal year.
(Source: P.A. 85-964.)
(40 ILCS 5/11-179.1)
(This Section was added by P.A. 98-641, which has been held unconstitutional)
Sec. 11-179.1. Use of contributions for health care subsidies. Except as may be required pursuant to Sections 11-160.1 and 11-160.2 of this Code, the Fund shall not use any contribution received by the Fund under this Article to provide a subsidy for the cost of participation in a retiree health care program.
(Source: P.A. 98-641, eff. 6-9-14.)
(40 ILCS 5/11-180) (from Ch. 108 1/2, par. 11-180)
Sec. 11-180. 
		Estimates of sums required for certain annuities and benefits.
The board shall estimate the amounts required each year to pay for all
annuities and benefits and administrative expenses. The amounts shall be
paid into the fund annually by the city from the prescribed tax levy.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-181)
 (from Ch. 108 1/2, par. 11-181)
Sec. 11-181. Board created. A board of 8 members shall constitute
the board of trustees authorized to carry out the provisions of this
Article.  The board shall be known as the Retirement Board of the Laborers'
and Retirement Board Employees' Annuity and Benefit Fund of the city.
The board shall consist of 5 persons appointed and 2 employees and one
annuitant elected in the manner hereinafter prescribed.
The appointed members of the board shall be appointed as follows:
One member shall be appointed by the comptroller of the city, who
may be the comptroller or anyone chosen by the comptroller from among employees of the city who is
 versed in the affairs of the comptroller's office. One member shall
be appointed by the City Treasurer of the city, who may be the City Treasurer or
a person chosen from among employees of the city who is versed in the affairs
of the City Treasurer's office; the City Treasurer, with the prior approval of the board, may also appoint a designee from among employees of the city who is versed in the affairs of the City Treasurer's office to act in the absence of the City Treasurer on all matters pertaining to administering the provisions of this Article. One member shall be an employee of the city
appointed by the president of the local labor organization representing a
majority of the employees participating in the Fund. Two members shall
be appointed by the civil service commission or the Department
of Personnel of the city from among employees of the
city who are versed in the affairs of the civil service commission's office or
the Department of Personnel.
The member appointed by the comptroller shall hold office for a term
ending on December 1st of the first year following the year of appointment.
The member appointed by the City Treasurer shall hold office for a term
ending on December 1st of the second year following the year of appointment.
The member appointed by the civil service commission shall hold office for a
term ending on the first day in the month of December of the third year
following the year of appointment.  The additional member appointed by the
civil service commission under this amendatory Act of 1998 shall hold office
for an initial term ending on December 1, 2000, and the member appointed by the
labor organization president shall hold office for an initial term ending on
December 1, 2001.  Thereafter each appointive member shall be appointed by
the officer or body that appointed his predecessor, for a term of 3 years.
The 2 employee members of the board shall be elected as follows:
Within 30 days from and after the appointive members have been appointed
and have qualified, the appointive members shall arrange for and hold an
election.
One employee shall be elected for a term ending on December 1st of the
first year next following the effective date; one for a term ending on
December 1st of the following year.
An employee member who takes advantage of the early retirement incentives
provided under this amendatory Act of the 93rd General Assembly may continue as
a member until the end of his or her term.
The initial annuitant member shall be appointed by the other members of
the board for an initial term ending on December 1, 1999.
The annuitant member elected in 1999 shall be deemed to have been
elected for a 3-year term ending on December 1, 2002.
Thereafter, the annuitant member shall be elected for a 3-year term ending
on December 1st of the third year following the election.
(Source: P.A. 102-995, eff. 5-27-22.)
(40 ILCS 5/11-182) (from Ch. 108 1/2, par. 11-182)
Sec. 11-182. 
		Board elections; qualification; oath.
(a) In each year, the board shall conduct a regular election, under
rules adopted by it, at least 30 days prior to the expiration of the term of
the employee member whose term next expires, for the election of a successor
for a term of 3 years.  Each employee member and his or her successor
shall be an employee who holds a position by certification and appointment as a
result of competitive civil service examination as distinguished from temporary
appointment, or so holds a position which is not exempt from the classified
service or the personnel ordinance of a city that has adopted a career
service ordinance, for a period of not less than 5 years prior to date of
election.  At any such election, all persons who are employees at
the time such election is held shall have a right to vote.  The ballot
shall be of secret character.
(b) The board shall conduct a regular
election, under rules adopted by it, at least 30 days prior to the expiration
of the term of the annuitant member, for the election of a successor for a
term of 3 years.  Each annuitant member and his or her successor
shall be a former employee receiving a retirement (age and service or prior
service) annuity from the Fund.  At any such election, all persons who are
receiving a retirement (age and service or prior service) annuity from the
Fund at the time the election is held have a right to vote.  The ballot shall
be of secret character.
(c) Any appointive or elective member of the board shall hold office
until his or her successor is elected and qualified.
Any person elected or appointed as a member of the board shall
qualify for the office by taking an oath of office to be administered by the
city clerk or any person designated by the city clerk.  A copy
thereof shall be kept in the office of the city clerk.
Any appointment shall be in writing and the written instrument shall be
filed with the oath.
(Source: P.A. 90-766, eff. 8-14-98; 91-887, eff. 7-6-00.)
(40 ILCS 5/11-183) (from Ch. 108 1/2, par. 11-183)
Sec. 11-183. 
		Board vacancy. 
		A vacancy in the membership of the board shall
be filled as follows:
If the vacancy is that of an appointive member, the person or body who
appointed the member shall appoint a person to serve for the
unexpired term.  If the vacancy is that of an elective member,
the remaining members of the board shall appoint a successor, who shall
be an employee or annuitant (as the case may be) who is qualified to hold the
position, to serve during the remainder of the unexpired term.
Any appointive or elective member who leaves the service of the city,
other than the annuitant member, shall automatically cease to be a member
of the board.  If the annuitant member ceases to be an annuitant of the Fund,
he or she shall cease to be a member of the board and the position shall be
deemed to have become vacant.
(Source: P.A. 90-766, eff. 8-14-98.)
(40 ILCS 5/11-184) (from Ch. 108 1/2, par. 11-184)
Sec. 11-184. 
		Board officers.
The board shall elect annually at its regular December meeting from
among its members, by a majority vote of the members voting upon the
question, a president, vice-president and a secretary who shall serve,
respectively, until a successor is elected. The secretary shall keep a
complete record of the proceedings of all board meetings and perform such
other duties as the board directs.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-185) (from Ch. 108 1/2, par. 11-185)
Sec. 11-185. 
		Board meetings.
The board shall hold regular meetings in each month and special meetings
as it deems necessary. A majority of the members shall constitute a quorum
for the transaction of business at any meeting, but no annuity or benefit
shall be granted or payments made by the fund unless ordered by a vote of a
majority of the board members as shown by roll call entered upon the
official record of the meeting.
All meetings of the board shall be open to the public.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-186) (from Ch. 108 1/2, par. 11-186)
Sec. 11-186. 
		Board powers and duties. 
		
		The board shall have the powers and duties stated in Sections 11-187 to
11-198, inclusive, in addition to such other powers and duties provided in
this Article.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-187) (from Ch. 108 1/2, par. 11-187)
Sec. 11-187. 
		To supervise collections.
To see that all amounts specified in this Article to be applied to the
fund, from any source, are collected and applied.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-188) (from Ch. 108 1/2, par. 11-188)
Sec. 11-188. 
		To notify of deductions. 
		To notify the city comptroller and the board of education of the city
and any such retirement board concerned of the deductions
to be made from the salaries of employees.
(Source: P.A. 81-1536.)
(40 ILCS 5/11-189) (from Ch. 108 1/2, par. 11-189)
Sec. 11-189. 
		To accept gifts.
To accept by gift, grant, bequest or otherwise any money or property of
any kind and use the same for the purposes of the fund.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-190) (from Ch. 108 1/2, par. 11-190)
Sec. 11-190. 
		To invest the reserves. 
		To invest the reserves of the fund in
accordance with Sections 1-109, 1-109.1, 1-109.2, 1-110, 1-111, 1-114, and
1-115 of this Act.  Investments made in accordance with Section 1-113 shall be
deemed to be prudent.
The retirement board may sell any security held by it at any time it deems it
desirable.
The board may enter into any agreements and execute any documents that it
determines to be necessary to complete any investment transaction.
All investments shall be clearly held and accounted for to indicate ownership
by the board.  The board may direct the registration of securities in its own
name or in the name of a nominee created for the express purpose of
registration of securities by a savings and loan association or national or
State bank or trust company authorized to conduct a trust business in the State
of Illinois.
Investments shall be carried at cost or at book value in accordance with
accounting procedures approved by the board.  No adjustments shall be made in
investment carrying values for ordinary current market price fluctuations, but
reserves may be provided to account for possible losses or unrealized gains, as
determined by the board.
The book value of investments held by the fund in commingled investment
accounts shall be the cost of its units of participation in those commingled
accounts as recorded on the books of the board.
The board of trustees of any fund established under this Article may
not transfer its investment authority, nor transfer the assets of the fund,
to any other person or entity for the purpose of consolidating or merging
its assets and management with any other pension fund or public investment
authority, unless the board resolution authorizing that transfer
is submitted for approval to the contributors and retirees of the fund at
elections held not less than 30 days after the adoption of the
resolution by the board and the resolution is approved by a
majority of the votes cast on the question in both the contributors election
and the retirees election.  The election procedures and qualifications
governing the election of trustees shall govern the submission of resolutions
for approval under this paragraph, insofar as they may be made applicable.
(Source: P.A. 90-31, eff. 6-27-97.)
(40 ILCS 5/11-190.1) (from Ch. 108 1/2, par. 11-190.1)
Sec. 11-190.1. 
		Loan of securities. 
		The Board may lend securities
owned by the Fund to a
borrower upon such written terms and conditions as may be mutually agreed.
Such agreement shall provide that during the period of such loan the Fund
shall retain the right to receive, or collect from the borrower, all dividends,
interest rights, or any distributions to which the Fund would have otherwise
been entitled.  The borrower shall deposit with the Fund, as collateral
for such loan, cash, U.S. Government securities, or letters of credit
equal to the market value of the securities at the time
the loan is made, and shall increase the amount of collateral if and when
the Fund shall request an additional amount because of subsequent increased
market value of the securities.
The period for which the securities may be loaned shall not exceed one
year, and the loan agreement may specify earlier termination by either party
upon mutually agreed conditions.
(Source: P.A. 86-1488.)
(40 ILCS 5/11-191) (from Ch. 108 1/2, par. 11-191)
Sec. 11-191. 
		To have an audit.
To have an audit of the accounts of the fund made at least once each
year by certified public accountants.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-192) (from Ch. 108 1/2, par. 11-192)
Sec. 11-192. 
		To authorize payments.
To authorize or suspend the payment of any annuity or benefit in
accordance with this Article. The board shall have exclusive original
jurisdiction in all matters relating to or affecting the fund, including,
in addition to all other matters, all claims for annuities, pensions,
benefits or refunds.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-193) (from Ch. 108 1/2, par. 11-193)
Sec. 11-193. 
		To determine service credits.
To require each employee to file a statement concerning service rendered
the employer and the retirement board, prior to the effective date. The
board shall make a determination of the length of such service and
establish, from any available information, the period of service rendered
prior to the effective date. Such determination shall be conclusive unless
the board reconsiders and changes its determination.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-194) (from Ch. 108 1/2, par. 11-194)
Sec. 11-194. 
		To issue certificate of prior service.
To issue a certificate showing the entire period of service rendered by
a present employee prior to the effective date and the amounts to his
credit, for prior service and widow's prior service annuity.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-195) (from Ch. 108 1/2, par. 11-195)
Sec. 11-195. 
		To submit an annual report.
To submit a report in July of each year to the city council of the city,
as of the close of business on December 31st of the preceding year. The
report shall contain a detailed statement of the affairs of the fund, its
income and expenditures, and assets and liabilities, and the status of the
several reserves. The city council shall have the power to require the
board to submit such report.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-196) (from Ch. 108 1/2, par. 11-196)
Sec. 11-196. To subpoena witnesses and compel the production of records. To issue subpoenas to compel the attendance of witnesses to testify before it and to compel the production of documents and records upon any matter concerning the Fund, including, but not limited to, in conjunction with:
(1) a disability claim;
(2) an administrative review proceeding;
(3) an attempt to obtain information to assist in the     collection of sums due to the Fund;
(4) obtaining any and all personal identifying     information necessary for the administration of benefits;
(5) the determination of the death of a benefit     recipient or a potential benefit recipient; or
(6) a felony forfeiture investigation.
The fees of witnesses for attendance and travel shall be the same as the fees of witnesses before the circuit courts of this State and shall be paid by the party seeking the subpoena. The Board may apply to any circuit court in the State for an order requiring compliance with a subpoena issued under this Section. Subpoenas issued under this Section shall be subject to applicable provisions of the Code of Civil Procedure. The president or other members of the Board may administer oaths to witnesses.
(Source: P.A. 103-424, eff. 8-4-23; 103-552, eff. 8-11-23.)
(40 ILCS 5/11-197) (from Ch. 108 1/2, par. 11-197)
Sec. 11-197. 
		To appoint employees. 
		To appoint such actuarial, medical,
legal, clerical or other employees as are necessary and fix their
compensation. The board shall develop procedures for obtaining, by contract
or employment, any necessary professional assistance including investment
advisors and managers, auditors, actuaries, and medical and legal
professionals, for any vacancies which may arise after December 31, 1987.
(Source: P.A. 85-964.)
(40 ILCS 5/11-197.7)
Sec. 11-197.7. Payment of annuity other than direct. The board, at the written direction and request of any annuitant, may, solely as an accommodation to such annuitant, pay the annuity due him or her to a bank, savings and loan association, or any other financial institution insured by an agency of the federal government, for deposit to his or her account, or to a bank or trust company for deposit in a trust established by him or her for his benefit with such bank, savings and loan association, or trust company, and such annuitant may withdraw such direction at any time. An annuitant who directs the board to pay the annuity due him or her to a financial institution shall hold the board and the fund harmless from any claim or loss related to any error as to whether the financial institution is or continues to be federally insured.
(Source: P.A. 100-23, eff. 7-6-17; 100-1166, eff. 1-4-19.)
(40 ILCS 5/11-198) (from Ch. 108 1/2, par. 11-198)
Sec. 11-198. 
		To make rules.
To make rules and regulations necessary for the administration of the
fund.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-199) (from Ch. 108 1/2, par. 11-199)
Sec. 11-199. 
		Moneys to be held on deposit. 
		To make the payments authorized by this Article, the board may keep and
hold uninvested a sum not in excess of the amounts required to make all
annuity payments which become due in the following 90 days. Such sum or any
part thereof shall be kept on deposit only in banks or savings and loan
associations authorized to do business under the
laws of this State. The amount
which may be deposited in any bank shall not exceed 25% of its paid up
capital and surplus.
No bank or savings and loan association shall receive investment funds
as permitted by this Section, unless it has complied with the requirements,
other than the maximum deposit requirement, established pursuant to Section
6 of "An Act relating to certain investments of public funds by public agencies",
approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 83-541.)
(40 ILCS 5/11-200) (from Ch. 108 1/2, par. 11-200)
Sec. 11-200. 
		Accounting. 
		An adequate system of accounts and records shall
be established to give effect to the requirements of this Article, and
shall be maintained in accordance with generally accepted accounting
principles. The reserves designated in Sections 11-201 to 11-210,
inclusive, shall be maintained. At the end of each year and at any other
time when necessary the amounts in such reserves shall be improved by their
proper interest accretions.
(Source: P.A. 85-964.)
(40 ILCS 5/11-201) (from Ch. 108 1/2, par. 11-201)
Sec. 11-201. 
		Expense reserve.
Amounts contributed by the city to defray the cost of administration of
the fund shall be credited to this reserve. Expenses of administration
shall be charged to it.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-202) (from Ch. 108 1/2, par. 11-202)
Sec. 11-202. 
		City contribution reserve. 
		Amounts contributed by the
city for age and service annuity, widow's annuity and supplemental
annuity (except those contributed in lieu of deductions from the salary
of an employee who receives duty disability benefit), and all amounts
transferred to this reserve from the investment and interest reserve,
shall be credited to this reserve.
An individual account shall be kept in this reserve for each employee
and each widow for which the city shall contribute for supplemental
annuity to which city contributions shall be credited.
When the annuity for an employee or his widow is fixed, and when
supplemental annuity for a widow first becomes payable, the amount in
this reserve for such annuity shall be transferred to the annuity
payment reserve.
If the credit in this reserve of any employee who withdraws from
service before he attains age 65 is in excess of that required for his
age and service annuity, or in excess of that required for widow's
annuity (either or both), such amounts shall be retained in this reserve
and improved by interest at the effective rate until the employee
becomes age 65, or applies for annuity, or dies, whichever occurs first.
Any such amounts shall then be used to reduce city contributions.
With respect to employees whose wages are funded as participants
under CETA, the board may elect to establish a separate manpower program
reserve or account for funds made available by the federal government
towards the employer's contribution. The manpower program reserve will
be administered as is the City contribution reserve, except that where
at variance it will be administered in accordance with the rules and
regulations established by the Secretary of the United States Department
of Labor or his designee.
At the time that employees previously funded as participants under
CETA lose their participant status and obtain unsubsidized employment
with the employer, unsubsidized employment with another employer
provided that benefits are portable, or obtain vesting status, as
defined by the Secretary of Labor or his designee, a transfer of funds
equivalent to the amount of contributions made for such employees will
be made out of the manpower program reserve. For prior CETA participants
who continue as employees in public service which is covered by a
participating retirement system, the sums will be credited to the
regular City contribution reserve.
(Source: P.A. 81-1536.)
(40 ILCS 5/11-203) (from Ch. 108 1/2, par. 11-203)
Sec. 11-203. 
		Employees' contribution reserve. 
		Amounts deducted from employee's salaries for age and service annuity
and widow's annuity, or otherwise contributed by employees, amounts
contributed by the city for such annuities for an employee receiving
duty disability benefit, and transfers to this reserve from the
investment and interest reserve, shall be credited to this reserve.
An individual account shall be kept in this reserve for each employee
to which such salary deductions and contributions shall be credited.
When the annuity for any employee or his widow is fixed or granted,
the amount in this reserve for such annuities shall be transferred to
the annuity payment reserve.
There shall be charged to this reserve amounts refunded, except
refunds under Section 11-204.
(Source: P.A. 81-1536.)
(40 ILCS 5/11-204) (from Ch. 108 1/2, par. 11-204)
Sec. 11-204. 
		Annuity payment reserve. 
		Amounts transferred from the city contribution reserve and the
employees' contribution reserve for annuities which have been fixed,
amounts deducted from an employee's salary after the age and service
annuity has been fixed, and amounts transferred to this reserve from the
investment and interest reserve, shall be credited to this reserve.
Age and service annuities and widow's annuities shall be charged to
this reserve. Amounts refunded in accordance with Sections 11-148,
11-166, 11-172 and 11-149(2) of this Article shall be charged to this
reserve.
When an employee whose annuity was fixed or granted, re-enters
service before age 65, an amount determined under the provisions
governing re-entry into service shall be charged to this reserve and
transferred to the city contribution reserve and the salary deduction
reserve, respectively, for age and service annuity. Such amount shall be
divided in said reserves in the same proportion as that in which the
previous transfer from such reserves to this reserve was made.
If the wife of the employee, when he re-enters service, is the same
as that when the widow's annuity was fixed, an amount to be determined
under the provisions governing re-entry into service shall be
transferred from this reserve and credited for widow's annuity in the
city contribution reserve and the employees' contribution reserve,
respectively. Such credit shall be in the same proportion as that in
which the previous transfer was made.
If at the end of any year the credit balance of the annuity payment
reserve exceeds the liabilities chargeable thereto by more than 15% of
such liabilities, the excess shall be transferred to the investment and
interest reserve, expense reserve, ordinary disabling reserve, prior
service annuity reserve, and city contribution reserve, in the order
named, to remove any deficiency existing in any such reserves.
(Source: P.A. 81-1536.)
(40 ILCS 5/11-205) (from Ch. 108 1/2, par. 11-205)
Sec. 11-205. 
		Prior service annuity reserve.
Amounts contributed by the city for prior service annuity, widow's prior
service annuity and minimum annuities, shall be credited to this reserve.
Prior service and widow's prior service annuities payable under this
Article and that part of any minimum annuity which is in excess of the age
and service and prior service annuity shall be charged to this reserve.
If the balance of the investment and interest reserve is not sufficient
to permit a transfer from that reserve to the annuity payment reserve to
make the credit balance of the annuity payment reserve equal to the
liabilities chargeable thereto (including the present values of all
annuities entered upon or fixed and of all annuities not entered upon),
amounts necessary for such purpose shall be transferred from this reserve
to the investment and interest reserve.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-206) (from Ch. 108 1/2, par. 11-206)
Sec. 11-206. 
		Child's annuity reserve.
Amounts contributed by the city for child's annuity shall be credited to
this reserve and such annuities shall be charged to it.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-207) (from Ch. 108 1/2, par. 11-207)
Sec. 11-207. 
		Duty disability reserve.
Amounts contributed by the city for duty disability benefits and child's
disability benefits, and amounts contributed by the city for compensation
annuity shall be credited to this reserve. Such benefits and annuities
shall be charged to it.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-208) (from Ch. 108 1/2, par. 11-208)
Sec. 11-208. 
		Ordinary disability reserve.
Amounts contributed by the city for ordinary disability benefit shall be
credited to this reserve and such benefits shall be charged to it.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-209) (from Ch. 108 1/2, par. 11-209)
Sec. 11-209. 
		Gift reserve.
Money or property received by the board for any purpose under other
laws, or as gifts, grants, or bequests, or in any manner other than
provided in any section of this Article shall be credited to this reserve
and used for such purposes of the fund as are approved by the board. The
balance in this reserve shall be improved by interest at 4% per annum.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-210) (from Ch. 108 1/2, par. 11-210)
Sec. 11-210. 
		Investment and interest reserve.
(1) Gains from investments and interest earnings shall be credited to
this reserve. Losses from investments shall be charged to it. From this
reserve shall be transferred amounts due in interest upon balances existing
in other reserves of this fund.
(2) Amounts necessary according to the American Experience Table of
Mortality and interest at the rate of 4% per annum or the Combined Annuity
Mortality Table and interest at the rate of 3% per annum, as to those
assets or liabilities to which either table may be applicable in accordance
with the provisions of this Article, to make the annuity payment reserve
equal to its liabilities (including the present values of all annuities
entered upon, or fixed and not entered upon, chargeable to such reserve)
shall be transferred to the annuity payment reserve at least once each
year.
(3) That portion of the annual investment earnings on the fund's
invested assets exclusive of gains or losses on sales or exchanges of
assets during the year on the fund's invested assets, as specified in
Section 11-134.3 of this Article, shall be transferred from the investment
and interest reserve to the Supplementary Payment Reserve set forth in said
Section 11-134.3.
Any balance in the investment and interest reserve shall be either
charged or credited to the Prior Service Annuity Reserve depending on
whether a deficiency or surplus exists in said investment and interest
reserve.
(Source: P.A. 76-1510.)
(40 ILCS 5/11-211) (from Ch. 108 1/2, par. 11-211)
Sec. 11-211. 
		Deficiencies in reserves. 
		If the balance in the expense reserve, the prior service annuity
reserve, the child's annuity reserve, the duty disability reserve or the
ordinary disability reserve, or either one of these is not sufficient to
provide for expenses, annuities, or benefits chargeable thereto, the
deficiency shall be removed by a transfer from the following reserves in
the order stated: City contribution reserve; prior service annuity
reserve; employees' contribution reserve; annuity payment reserve. When
an excess exists in the said reserves to which a transfer was made, the
excess shall be transferred from any of such reserves  to the reserves
from which a transfer had been made until the full sum previously
transferred is restored. Interest of 4% per annum upon such transfers
and retransfers shall be credited to the investment and interest
reserve.
(Source: P.A. 81-1536.)
(40 ILCS 5/11-212) (from Ch. 108 1/2, par. 11-212)
Sec. 11-212. 
		Treasurer of fund.
The city treasurer shall be ex-officio the treasurer and custodian of
the fund and shall furnish to the board a bond of such amount as the board
designates, which shall indemnify the board against any loss which may
result from any action or failure to act by him or any of his agents. Fees
and charges incidental to the procuring of such bond shall be paid by the
board.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-213) (from Ch. 108 1/2, par. 11-213)
Sec. 11-213. 
		Attorney.
The chief legal officer of the city shall be the legal advisor of and
attorney for the board. If it shall deem such action necessary or
advisable, the board may, in its discretion, employ another attorney for
special services.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-214) (from Ch. 108 1/2, par. 11-214)
Sec. 11-214. 
		
		Computation of term of service, annual salary and salary
deductions.
For the purpose of this Article, term of service, annual salary and
salary deductions shall be
computed as provided in Sections 11-215 to
11- 218, inclusive.
(Source: P.A. 81-1536.)
(40 ILCS 5/11-215) (from Ch. 108 1/2, par. 11-215)
Sec. 11-215. Computation of service.
(a) In computing the term of service of an employee prior to the effective
date, the entire period beginning on the date he was first appointed and ending
on the day before the effective date, except any intervening period during
which he was separated by withdrawal from service, shall be counted for all
purposes of this Article. Only the first year of each period of lay-off or
leave of absence without pay, continuing or extending for a period in excess
of one year, shall be counted as such service.
(b) For a person employed by an employer for whom this Article was in effect
prior to August 1, 1949, from whose salary deductions are first made under
this Article after July 31, 1949, any period of service rendered prior to
the effective date, unless he was in service on the day before the
effective date, shall not be counted as service.
(c) In computing the term of service of an employee subsequent to the day
before the effective date, the following periods of time shall be counted
as periods of service for annuity purposes:
(1) the time during which he performed the duties of     his position;
(2) leaves of absence with whole or part pay, and     leaves of absence without pay not longer than 90 days;
(3) leaves of absence without pay that begin before     the effective date of this amendatory Act of the 97th General Assembly and during which a participant is employed full-time by a local labor organization that represents municipal employees, provided that:
(A) the participant continues to make employee         contributions to the Fund as though he were an active employee, based on the regular salary rate received by the participant for his municipal employment immediately prior to such leave of absence (and in the case of such employment prior to December 9, 1987, pays to the Fund an amount equal to the employee contributions for such employment plus regular interest thereon as calculated by the board), and based on his current salary with such labor organization after the effective date of this amendatory Act of 1991;
(B)  the participant, or the labor organization         on the participant's behalf, makes contributions to the Fund as though it were the employer, as follows:
(i)  after January 1, 1989 and prior to levy             year 2017, in the same amount and same manner as specified under this Article, based on the regular salary rate received by the participant for his municipal employment immediately prior to such leave of absence, and based on his current salary with such labor organization after the effective date of this amendatory Act of 1991;
(ii) beginning in levy year 2017 and until             the effective date of this amendatory Act of the 102nd General Assembly, in an amount equal to the contribution by the participant under subparagraph (A) of this paragraph; and
(iii)  on and after the effective date of             this amendatory Act of the 102nd General Assembly, in an amount equal to the difference between the contribution by the participant under subparagraph (A) of this paragraph and the normal cost, which shall be calculated by the Fund's actuary on an aggregate basis specific to the participant's Tier based on the Fund's most recent actuarial valuation and shall be effective on each July 1 after the Board certifies the amount of the contribution to the participant; and
(C) the participant does not receive credit in         any pension plan established by the local labor organization based on his employment by the organization;
(4) any period of disability for which he received     (i) a disability benefit under this Article, or (ii) a temporary total disability benefit under the Workers' Compensation Act if the disability results from a condition commonly termed heart attack or stroke or any other condition falling within the broad field of coronary involvement or heart disease, or (iii) whole or part pay.
(d) For a person employed by an employer, or the retirement board, in which
"The 1935 Act" was in effect prior to August 1, 1949, from whose salary
deductions are first made under "The 1935 Act" or this Article after July
31, 1949, any period of service rendered subsequent to the effective date
and prior to August 1, 1949, shall not be counted as a period of service
under this Article, except such period for which he made payment, as
provided in Section 11-221 of this Article, in which case such period
shall be counted as a period of service for all annuity purposes hereunder.
(e) In computing the term of service of an employee subsequent to the day
before the effective date for ordinary disability benefit purposes, the
following periods of time shall be counted as periods of service:
(1) any period during which he performed the duties     of his position;
(2) leaves of absence with whole or part pay;
(3) any period of disability for which he received     (i) a duty disability benefit under this Article, or (ii) a temporary total disability benefit under the Workers' Compensation Act if the disability results from a condition commonly termed heart attack or stroke or any other condition falling within the broad field of coronary involvement or heart disease, or (iii) whole or part pay.
However, any period of service rendered by an employee contributor prior to
the date he became a contributor to the fund shall not be counted as a
period of service for ordinary disability purposes, unless the person
made payment for the period as provided in Section 11-221 of this Article, in
which case the period shall be counted as a period of service for ordinary
disability purposes for periods of disability on or after the effective date of
this amendatory Act of 1997.
Overtime or extra service shall not be included in computing any term of
service. Not more than 1 year of service shall be allowed for service
rendered during any calendar year.
For the purposes of this Section, the phrase "any pension plan established by the local labor organization" means any pension plan in which a participant may receive credit as a result of his or her membership in the local labor organization, including, but not limited to, the local labor organization itself and its affiliates at the local, intrastate, State, multi-state, national, or international level. The definition of this phrase is a declaration of existing law and shall not be construed as a new enactment.
(Source: P.A. 102-742, eff. 5-6-22.)
(40 ILCS 5/11-215.1) (from Ch. 108 1/2, par. 11-215.1)
Sec. 11-215.1. 
		Concurrent Employment.
If a participant in this fund is employed concurrently by an employer
whose employees are participants in a public retirement system created
under other Articles of the Illinois Pension Code as well as by the
employer, as defined in this Article, any earnings from such other employer
during such period of concurrent employment shall, in no event, be
considered for annuity or benefit purposes under the provisions of this
Article.
(Source: P.A. 76-1509.)
(40 ILCS 5/11-216) (from Ch. 108 1/2, par. 11-216)
Sec. 11-216. 
		Basis of service credit.
(a) In computing the period of service of any employee for the minimum
annuities, the following provisions shall govern:
(1) all periods prior to the effective date shall be     computed in accordance with the provisions governing the computation of such service, except for a re-entrant or future entrant who was not in service on the day before the effective date; provided that no period of lay-off or leave of absence in excess of one year shall be counted in such period of service.
(2) Service subsequent to the day before the     effective date, shall include: (A) the actual period the employee performs the duties of his position and makes required contributions or performs such duties and is given a city contribution for age and service annuity purposes or minimum annuity purposes; (B) leaves of absence from duty, or vacation, for which an employee receives all or part of his salary; (C) periods during which the employee is temporarily assigned to another position in the service and permitted to make contributions to the fund; (D) periods during which the employee has had contributions for annuity purposes made for him in accordance with law while on military leave of absence during World War II; (E) periods during which the employee receives a disability benefit under this Article, or a temporary total disability benefit under the Workers' Compensation Act if the disability results from a condition commonly termed heart attack or stroke or any other condition falling within the broad field of coronary involvement or heart disease;  and (F) any period included under item (c)(3) of Section 11-215.
(b) Service during 6 or more months in any year shall constitute a year
of service, and service of less than 6 months and at least 1 month in any
year shall constitute a half year of service. However, the right to have
certain periods of time considered as service as stated in paragraph 2 of
Section 11-164 shall not apply for minimum annuity purposes.
(c) For all other annuity purposes of this Article, the following
schedule shall govern the computation of a year of service of an employee
whose salary or wages is on the basis stated, and any fractional part of a
year of service shall be determined according to said schedule:
Annual or Monthly Basis: Service during 4 months in any one calendar
year;
Weekly Basis: Service during any 17 weeks of any 1 calendar year, and
service during any week shall constitute a week of service;
Daily Basis: Service during 100 days in any 1 calendar year, and service
during any day shall constitute a day of service;
Hourly Basis: Service during 700 hours in any 1 calendar year and
service during any hour shall constitute an hour of service.
(Source: P.A. 85-964; 86-1488.)
(40 ILCS 5/11-217) (from Ch. 108 1/2, par. 11-217)
Sec. 11-217. Basis of annual salary. For the purpose of this Article,
the annual salary of an employee whose salary or wage is
appropriated, fixed, or arranged in the annual appropriation ordinance upon
other than an annual basis shall be determined as follows:
(a) If the employee is paid on a monthly basis, the annual salary
is 12 times the monthly salary. If
the employee is paid on a weekly basis, the annual salary is 52 times
the weekly salary.
"Monthly salary" means the amount of compensation or salary
appropriated and payable for a normal and regular month's work in the
employee's position in the service.  "Weekly salary" means
the amount of compensation or salary appropriated and payable
for a normal and regular week's work in the employee's position in the
service.  If the work is on a regularly scheduled part time basis, then "monthly salary" and "weekly salary" refer,
respectively, to the part time monthly or weekly salary.
If the appropriation for the position is for a shorter period than 12
months a year, or 52 weeks a year if on a weekly basis, or the employee is
in a class, grade, or category in which the employee normally works for fewer than 12
months or 52 weeks a year, then the basis shall be adjusted
downward to the extent that the appropriated or
customary work period is less than the normal 12 months or 52
weeks of service in a year.
Compensation for overtime, at regular or overtime rates, that is paid in
addition to the appropriated regular and normal monthly or weekly salary
shall not be considered.
(b) If the employee is paid on a daily basis, the annual salary
is 260 times the daily wage.  If the
employee is paid on an hourly basis, the annual salary is 2080 times
the hourly wage.
The norm is based on a 12-month per year, 5-day work week of 8 hours per
day and 40 hours per week, with consideration given only to time
compensated for at the straight time rate of compensation or wage.  The
norm shall be increased (subject to a maximum of 300 days or 2400 hours per
year) or decreased for an employee
to the extent that the normal and established work period, at the
straight time compensation or wage for the position held in the
class, grade, or category in which the employee is assigned, is
for a greater or lesser number of months, weeks, days, or hours than
the period on which the established norm is based.
"Daily wage" and "hourly wage" mean,
respectively, the normal, regular, or basic straight time rate of
compensation or wage appropriated and payable for a normal and regular
day's work, or hour's work, in the employee's position in the service.
Any time worked in excess of the norm (or the increased or decreased
norm, whichever is applicable) that is compensated for at overtime,
premium, or other than regular or basic straight time rates shall not be
considered as time worked, and the compensation for that work shall not
be considered as salary or wage.  Such time and compensation shall in
every case and for all purposes be considered overtime and shall be
excluded for all purposes under this Article.  However, the
straight time portion of compensation or wage, for time worked on holidays
that fall within an employee's established norm, shall be
included for all purposes under this Article.
(c) For minimum annuity purposes under Section 11-134, where a
salary rate change occurs during the year, it shall be considered that the
annual salary for that year is (1) the annual
equivalent of the monthly, weekly, daily, or hourly salary or
wage rate that was applicable for the greater number of months,
weeks, days, or hours (whichever is applicable) in
the year under consideration, or (2) the annual equivalent
of the average salary or wage rate in effect for the employee during the
year, whichever is greater.  The average salary or wage rate shall be
calculated by multiplying each salary or wage rate in effect for the
employee during the year by the number of months, weeks, days, or hours
(whichever is applicable) during which that rate was in effect, and
dividing the sum of the resulting products by the total number of months,
weeks, days, or hours (whichever is applicable) worked by the employee
during the year.
(d) The changes to subsection (c) made by this amendatory Act of 1997
apply to persons withdrawing from service on or after July 1, 1990 and for each
such person are intended to be retroactive to the date upon which the affected
annuity began.  The Fund shall recompute the affected annuity and shall pay the
additional amount due for the period before the increase resulting from this
amendatory Act in a lump sum, without interest.
(e) This Article shall not be construed to authorize a salary paid by an entity other than an employer, as defined in Section 11-107, to be used to calculate the highest average annual salary of a participant. This subsection (e) is a declaration of existing law and shall not be construed as a new enactment.
(Source: P.A. 97-651, eff. 1-5-12.)
(40 ILCS 5/11-218) (from Ch. 108 1/2, par. 11-218)
Sec. 11-218. 
		Basis of salary deduction. 
		The total of salary deductions for employee contributions for annuity
purposes for any 1 calendar year shall not exceed that produced by the
application of the proper salary deduction rates to
the highest annual
salary considered for annuity purposes for such year.
(Source: P.A. 81-1536.)
(40 ILCS 5/11-219) (from Ch. 108 1/2, par. 11-219)
Sec. 11-219. 
		Retirement Systems Reciprocal Act.
The "Retirement Systems Reciprocal Act", being Article 20 of this Code,
as now enacted or hereafter amended, is hereby adopted and made a part of
this Article; provided that where there is a direct conflict in the
provisions of such Act and the specific provisions of this Article, such
latter provisions shall prevail.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-220) (from Ch. 108 1/2, par. 11-220)
Sec. 11-220. 
		Employees in territory annexed.
Whenever territory is annexed to the city, any person then employed as a
laborer by such annexed territory, who shall be employed by the city on the
date of annexation shall automatically come under this Article, and any
service rendered for annexed territory shall be considered, for the purpose
of this Article, as service rendered to the city.
Such laborer shall be treated, as of the date such annexation comes into
effect, as a present employee of the city on the effective date.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-221) (from Ch. 108 1/2, par. 11-221)
Sec. 11-221. 
		Employees under Act.
(a) Any contributor becoming employed on or after the effective date
(except a participant in any other annuity, retirement or pension fund
in operation in such city) shall be subject to the provisions of this
Article. Any such contributor shall continue as a contributor to this
fund, in the event that he shall be employed by an employer in any
capacity, other than as a member of the police department, or as a
member of the fire department or as a public school teacher.
(b) Beginning August 1, 1949, any contributor shall have the right
to contribute for service rendered an employer or retirement board after
July 1, 1935, by virtue of appointment to a position which did not
include him under the provisions of "The 1935 Act". Such contributions
shall be the amounts he would have contributed for annuity purposes had
deductions from his salary been made for the purposes of the fund in
accordance with the provisions of "The 1935 Act" relating to future
entrants and present employees during the period such service was
rendered.
Periods of service for the aforesaid employee shall include service
in the armed forces of the United States if he left the employment of an
employer to enter the armed forces and returned to the employ of the
employer within 90 days after his discharge from such armed forces, and
if such employer has not made such payment on his behalf.  Those periods
for which he has received and retains credit in some other annuity or
pension fund in operation in such city for the benefit of employees of
an employer shall not be included.  Upon making such payments such
employee shall be credited with concurrent city contributions at the
rates in effect for contributors during the period of time such service
was rendered.  Such payments and concurrent city contributions shall be
made with interest at the effective rate and shall together with all
other amounts contributed by or for such employee for all annuity
purposes, be considered in computing the annuity or annuities to which
such employee or his widow shall have a right.  Any such period of
service for which payment is made by such employee shall be counted as a
period of service for annuity purposes under this Article.
Until the effective date of this amendatory Act of 1991,
in order to be credited for a minimum annuity, all such payments by a
contributor must be made in full while such contributor is still in the
service; if payment is not made in full while such contributor is
in service, any payments made shall be refunded to him when he withdraws
from the service or to his widow in the event of his death or if no
widow in accordance with the other refund provisions of this Article.
Such employee may elect to have such partial payments together with the
concurrent city contributions and interest, credited and applied for age
and service and widow's annuity, for himself and his wife, on the
assumption that the payments made shall apply to his earliest service.
In the event of his death while in the service, his widow may elect to
have such payments and related city contributions and interest, credited
for widow's annuity, to the extent that they do not increase her annuity
above that which she could have received if such amounts were included,
and an annuity were fixed for her on the assumption that her deceased
husband had continued in service at the rate of his final salary until
he became 65 years of age.
Beginning on the effective date of this amendatory Act of 1991, an
employee who is still in service may elect to establish credit under this
Section for only a
fraction of the service that he or she is eligible to establish under this
Section.  In such cases, the credit established shall be deemed to relate
to the earliest service for which credit may be established.  In no event
shall such credit be granted until the corresponding employee contributions
have been paid.
Beginning on the effective date of this amendatory Act of 1997, any
employee who is in service, or within 90 days after withdrawing from service,
or who is an active contributor to a participating system
as defined in the Retirement Systems Reciprocal Act, may make payments and
establish credit under this Section.
(c) Any employee, who shall become a participant in any other
annuity, retirement or pension fund now or hereafter in operation in
such city for the benefit of employees of an employer, shall have the
right, notwithstanding other provisions of this Article relating to
participation in other funds, to elect to receive a refund or an annuity
from this fund in the same manner as he would if he had then resigned
from his position in the service and had not become a participant in any
such other fund. No credit shall be allowed for any period of service as
a participant in this fund for which he shall receive credit in such
other fund. No annuity payments shall be paid to such participant during
the time he holds a position in the service which entitles him to
participation in such other fund.
(Source: P.A. 90-31, eff. 6-27-97.)
(40 ILCS 5/11-221.1) (from Ch. 108 1/2, par. 11-221.1)
Sec. 11-221.1. 
		Right of employees to contribute for certain other service. 
		
Any employee in the service, after having made contributions covering a period
of 10 or more years to the annuity and benefit fund herein provided
for, may elect to pay for and receive credit for all annuity purposes for
service theretofore rendered by the employee to the Chicago Transit
Authority created by the Metropolitan Transit Authority Act; provided that if the employee
has more than 10 years of such service, only the last 10 years of such service shall be credited.  Such service credit may be
paid for and granted on the same basis and conditions as are applicable in
the case of employees who make payment for past service under the provisions of
Section 11-221, but on the assumption
that the employee's salary throughout all of his or her
service with the Authority was at the rate of the employee's salary at the date of his or her entrance into the service as an
employee.  In no event, however, shall such service be credited if the employee
has not forfeited and relinquished pension credit for service
covering such period under any pension or retirement plan applicable to the
Authority and instituted and maintained by the Authority
for the benefit of its employees.
(Source: P.A. 90-655, eff. 7-30-98.)
(40 ILCS 5/11-221.2) (from Ch. 108 1/2, par. 11-221.2)
Sec. 11-221.2. 
		Establishment and restoration of service credit.
(a) Beginning on the effective date of this amendatory Act of 1991, an
employee who is still in service and is eligible to establish optional
service credit under this Article for any period during which he was not an
active participant in the Fund need not establish credit for the entire
period for which he is eligible, but may instead elect to establish credit
for only a fraction of that period.  In such cases, the credit established
shall be deemed to relate to the earliest period for which that type of
credit may be established.  However, in no event shall any such credit be
granted until the employee contributions required for that credit, if any,
have been paid.
(b) Notwithstanding Section 11-163 or any other provision of this
Article, beginning on the effective date of this amendatory Act of 1991, an
employee who has returned to service and is required (or authorized) to
restore service credit that was surrendered upon payment of a refund need
not restore such credit in full, but may instead elect to restore only a
fraction of the surrendered service credit, or none of it.  If only some of
the surrendered credit is to be restored, the credit shall be restored in
the order in which it was earned, and the board shall determine the amount
that must be repaid by the employee to the Fund in order to restore the
credit, based on the corresponding fraction of the refund, plus interest as
required by the other provisions of this Article.  In no event shall any
such credit be restored until the payment required for that credit has been
paid, and in no event shall any benefit be granted based on surrendered
credit that has not been restored.
(Source: P.A. 86-1488.)
(40 ILCS 5/11-221.3)
Sec. 11-221.3. 
		Payments and rollovers.
(a) The Board may adopt rules prescribing the manner of repaying refunds
and purchasing any other credits permitted under this Article.  The rules may
prescribe the manner of calculating interest when payments or repayments
are made in installments.
(b) Rollover contributions from other retirement plans qualified under the
Internal Revenue Code of 1986 may be used to purchase any optional credit or
repay any refund permitted under this Article.
(Source: P.A. 90-31, eff. 6-27-97.)
(40 ILCS 5/11-222) (from Ch. 108 1/2, par. 11-222)
Sec. 11-222. 
		Certain park district employees.
The "Exchange of Functions Act of 1957", to the extent that it applies
to the fund, is incorporated into and made a part of this Article by
express reference. Employees of a city who are members of the fund and who
are transferred to the employment of a park district pursuant to the
aforesaid Act shall remain members of the fund, and their rights, credits
and equities shall remain unimpaired by such transfer of employment.
After such transfer of employment, the city shall assume no further
financial responsibility or obligation for such employees under this
Article, but such financial responsibility and obligation shall become the
duty of the park district by which they are employed. Wherever, as to such
employees, reference is made in this Article to the exercise of a function,
power, responsibility or duty by the city, such reference shall apply,
effective January 1, 1959, to the governing board of the park district by
which such persons are employed.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-223) (from Ch. 108 1/2, par. 11-223)
Sec. 11-223. 
		Annuities, etc., exempt.
(a) All annuities, refunds, pensions, and disability benefits
granted under this Article shall be exempt from attachment or
garnishment process and shall not be seized, taken, subjected to,
detained, or levied upon by virtue of any judgment, or any process or
proceeding whatsoever issued out of or by any court in this State, for
the payment and satisfaction in whole or in part of any debt, damage,
claim, demand, or judgment against any annuitant, participant, refund
applicant, or other beneficiary hereunder.
No annuitant, refund applicant, or other beneficiary may
transfer or assign his annuity, refund, or
disability benefit or any part thereof by way of mortgage or otherwise,
except as provided in Section 11-223.1, and except in the case of refunds,
when a participant has pledged by assignment, power of attorney, or otherwise,
as security for a loan from a legally operating credit union making loans
only to participants in certain public employee pension funds described
in the Illinois Pension Code, all or part of any refund which may become
payable to him in the event of his separation from service.
The board in its discretion may, however, pay to the wife or to the
unmarried child under 18 years of age of any annuitant, refund
applicant, or disability beneficiary, such an amount out of her
husband's annuity refund, or disability benefit as any court may order,
or such an amount as the board may consider necessary for the support of
his wife or children or both in the event of his disappearance or
unexplained absence or of his failure to support such wife or children.
(b) The board may retain out of any future annuity, refund, or
disability benefit payments such amount or amounts as it may require
for the repayment of any moneys paid to any annuitant, pensioner, refund
applicant, or disability beneficiary through misrepresentation, fraud or
error.  Any such action of the board shall relieve and release the board
and the fund from any liability for any moneys so withheld.
(c) Whenever an annuity or disability benefit is payable to a minor or
to a person certified by a medical doctor to be under legal
disability, the board, in its discretion and when it is in the best
interest of the person concerned, may waive guardianship or conservatorship
proceedings and pay the annuity or benefit to the person providing or caring
for the minor or person under legal disability.
In the event that a person certified by a medical doctor to be under legal
disability (i) has no spouse, blood relative, or other person providing  or
caring for him or her, (ii) has no guardian of his or her estate, and (iii) is
confined to a Medicare approved, State certified nursing home or to a publicly
owned and operated nursing home, hospital, or mental institution, the Board
may pay any benefit due that person to the nursing home, hospital, or mental
institution, to be used for the sole benefit of the person under legal
disability.
Payment in accordance with this subsection to a person, nursing
home, hospital, or mental institution for the benefit of a minor or person
under legal disability shall be an absolute discharge of the Fund's liability
with respect to the amount so paid.  Any person, nursing home, hospital, or
mental institution accepting payment under this subsection shall notify the
Fund of the death or any other relevant change in the status of the minor or
person under legal disability.
(d) Whenever an annuitant, applicant for refund or disability
beneficiary disappears and his whereabouts are unknown, and it cannot be
ascertained that he is alive, there shall be paid to his wife or
children or both such amount as will not be in excess of the amount
payable to them in the event such annuitant, applicant for refund or
disability beneficiary had died on the date of disappearance.  If he
returns, or upon satisfactory proof of his being alive, the amount
theretofore paid to such beneficiaries shall be charged against any
moneys payable to him under this Article as though such payment to such
beneficiaries had been an allowance to them out of the moneys payable to
the employee as an annuitant, applicant for refund or disability
beneficiary.
(Source: P.A. 91-887, eff. 7-6-00.)
(40 ILCS 5/11-223.1) (from Ch. 108 1/2, par. 11-223.1)
Sec. 11-223.1. Assignment for health, hospital, and medical insurance. The board may provide, by regulation, that any annuitant or pensioner
may assign his annuity or disability benefit, or any part thereof, for the
purpose of premium payment for a membership for the annuitant, and his or
her spouse and children, in a hospital care plan or
medical surgical plan, provided, however, that the board may, in its
discretion, terminate the right of assignment. Any such hospital or medical
insurance plan may include provision for the beneficiaries thereof who rely
on treatment by spiritual means alone through prayer for healing in
accordance with the tenets and practice of a well-recognized religious
denomination.
Upon the adoption of a regulation permitting such assignment, the board
shall establish and administer a plan for the maintenance of the insurance
plan membership by the annuitant or pensioner.
(Source: P.A. 100-23, eff. 7-6-17; 100-863, eff. 8-14-18.)
(40 ILCS 5/11-223.2) (from Ch. 108 1/2, par. 11-223.2)
Sec. 11-223.2. 
		Notification of assignment.
The annuitant or pensioner shall notify the board in writing of the
assignment of his annuity or disability benefit for payment of health,
hospital or medical insurance premiums. Such notification of assignment is
authorization for the board to make insurance premium payments for the
benefit of the annuitant or pensioner out of his annuity or disability
benefit.
(Source: Laws 1965, p. 2290.)
(40 ILCS 5/11-223.3) (from Ch. 108 1/2, par. 11-223.3)
Sec. 11-223.3. 
		Termination of assignment.
Any notification of assignment and authorization to make insurance
premium payments shall cease;
(a) upon written notice to the board of termination of the assignment by
the annuitant or pensioner, or
(b) upon expiration of the time during which such assignment and payment
of premiums is authorized.
(Source: Laws 1965, p. 2290.)
(40 ILCS 5/11-223.4) (from Ch. 108 1/2, par. 11-223.4)
Sec. 11-223.4. 
		Notification forms.
The board shall prescribe a form or forms to be used for the
notification of assignment required by Section 11-223.2. The board shall
also prescribe a form or forms to be used for the notification of
termination of assignment and authorization to make insurance premium
payments as provided in Section 11-223.3.
(Source: Laws 1965, p. 2290.)
(40 ILCS 5/11-224) (from Ch. 108 1/2, par. 11-224)
Sec. 11-224. 
		Board members-No compensation.
No member of the board shall receive any moneys from the fund as salary
for service performed as a member or as an employee of the board.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-225) (from Ch. 108 1/2, par. 11-225)
Sec. 11-225. 
		No commissions on investments.
No member of the board, and no person officially connected with the
board, as employee, legal advisor, custodian of the fund or otherwise,
shall have any right to receive any commission or other remuneration on
account of any investment made by the board, nor shall any such person act
as the agent of any other person concerning any such investment.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-226) (from Ch. 108 1/2, par. 11-226)
Sec. 11-226. 
		Duties of municipal officers. 
		The proper officers of the city and of the board of education and of
the retirement board without cost to the fund, shall:
(a) deduct all sums required to be deducted from the
salaries of
employees, and pay such sums to the board in such manner as the board
shall specify;
(b) furnish the board on the first day of each month, information
regarding the employment of any employee, and of all discharges,
resignations and suspensions from the service, deaths, and changes in
salary which have occurred during the preceding month, with the dates
thereof;
(c) procure for the board in such form as the board specifies, all
information on an employee as to the service, age, salary, residence,
marital status and data concerning their dependents, including
information relative to the service rendered by the employee prior to
the effective date;
(d) keep such records concerning employees as the board may
reasonably require and shall specify.
(Source: P.A. 81-1536.)
(40 ILCS 5/11-227) (from Ch. 108 1/2, par. 11-227)
Sec. 11-227. 
		Age of employee.
For any employee who has filed an application for appointment to the
service of an employer or retirement board, the age stated therein shall be
conclusive evidence against the employee of his age for the purposes of
this Article, but the board may decide any claim for any annuity, benefit,
refund or payment according to the age of the employee as shown by other
evidence satisfactory to it.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-228) (from Ch. 108 1/2, par. 11-228)
Sec. 11-228. 
		Office facilities.
Suitable rooms for office and meetings of the board shall be assigned by
the mayor of the city.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-229) (from Ch. 108 1/2, par. 11-229)
Sec. 11-229. 
		Compliance with article.
All officers, officials, and employees of the city or of such board of
education or of any retirement board concerned shall perform any and all
acts required to carry out the intent and purposes of this Article.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/11-230) (from Ch. 108 1/2, par. 11-230)
Sec. 11-230. Felony conviction. None of the benefits provided in this Article 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 employee.
None of the benefits provided for in this Article shall be paid to any person who otherwise would receive a survivor benefit who is convicted of any felony relating to or arising out of or in connection with the service of the employee from whom the benefit results.
This Section shall not operate to impair any contract or vested right
heretofore acquired under any law or laws continued in this Article, nor to
preclude the right to a refund, and for the changes under Public Act 100-334, shall not impair any contract or vested right acquired by a survivor prior to August 25, 2017 (the effective date of Public Act 100-334).
Any refund required under this Article shall be calculated based on that person's contributions to the Fund, less the amount of any annuity benefit previously received by the person or his or beneficiaries. The changes made to this Section by Public Act 100-23 apply only to persons who first become members or participants under this Article on or after July 6, 2017 (the effective date of Public Act 100-23).
All future entrants entering service after July 11, 1955, shall be
deemed to have consented to the provisions of this Section as a condition
of coverage, and all participants entering service subsequent to August 25, 2017 (the effective date of Public Act 100-334) shall be deemed to have consented to the provisions of Public Act 100-334 as a condition of participation.
(Source: P.A. 100-23, eff. 7-6-17; 100-334, eff. 8-25-17; 100-863, eff. 8-14-18.)
(40 ILCS 5/11-231) (from Ch. 108 1/2, par. 11-231)
Sec. 11-231. 
		Administrative review. 
		The provisions of the Administrative
Review Law, and all amendments and modifications thereof, and the rules
adopted pursuant thereto shall apply to and govern all proceedings for
the judicial review of final administrative decisions of the board
provided for under this Article. The term "administrative decision" is
as defined in Section 3-101 of the Code of Civil Procedure.
(Source: P.A. 82-783.)
(40 ILCS 5/11-232) (from Ch. 108 1/2, par. 11-232)
Sec. 11-232. 
		General provisions and savings clause.
The provisions of Article 1 and Article 23 of this Code apply to this
Article as though such provisions were fully set forth in this Article as a
part thereof.
(Source: Laws 1963, p. 161.)