2023 Illinois Compiled Statutes › Chapter 40 - PENSIONS › 40 ILCS 5/ - Illinois Pension Code. › Article 23 - Purpose--Savings Provisions--Repeal

(40 ILCS 5/Art. 23 heading)
ARTICLE 23.  
		PURPOSE--SAVINGS PROVISIONS--REPEAL
(40 ILCS 5/23-101) (from Ch. 108 1/2, par. 23-101)
Sec. 23-101. 
		Purpose-Savings provisions. 
		
		It is the purpose of this Code to restate, simplify and codify the
respective Acts and parts of Acts repealed by Section 23-102 which
immediately prior to the effective date of this Code governed the publicly
supported retirement systems, annuity and benefit funds and related pension
and benefit Acts. All such systems and funds shall remain separate and
distinct entities. It is intended that this Code shall grant no lesser or
greater rights, credits, equities, pensions or other benefits than existed
under such Acts or parts of Acts so repealed and incorporated as separate
Articles and Divisions of this Code, immediately prior to the effective
date of this Code, except as they may be changed hereafter by specific
amendment to this Code; and all such rights, credits, equities, annuities,
pensions and other benefits are preserved without change, and without loss
or impairment, precisely as if such Acts or parts of Acts had not been
repealed.
In like manner, any rights in annuities, pensions or other benefits
derived from and in force or which would have come into force under any
Acts or parts of Acts repealed by Section 23-102 and not continued in any
Article or Division of this Code shall be preserved without change, loss or
impairment, precisely as if such Acts or parts of Acts had not been
repealed.
The repeal of any Acts or parts of Acts specified in Section 23-102
shall not affect the validity of any taxes levied or extended under such
Acts or parts of Acts, or of any appropriation ordinances adopted pursuant
thereto, or of any warrants issued against and in anticipation of such
taxes, nor shall the repeal of any Acts or parts of Acts validating and
legalizing appropriation or tax levy ordinances, or both, affect the
validity or operative force of such curative Acts or parts of Acts as
enacted.
The repeal of any Act or parts of Acts specified in Section 23-102
shall not affect the validity of any act, decision, determination or other
authority exercised by any retirement board, or other public officer or
agency pursuant to the powers and duties conferred under such Acts or parts
of Acts, nor shall such repeal affect the validity or course of any
judicial or administrative proceeding or action undertaken and pending or
completed on the effective date of this Code.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/23-102) (from Ch. 108 1/2, par. 23-102)
Sec. 23-102. 
		Repeal. 
		The following Acts and parts of Acts are repealed except as provided
in Section 23-103:
(1) Divisions 6 through 12, inclusive, of Article 10 of the
"Illinois Municipal Code", approved May 29, 1961, as amended.
(2) "AN ACT to create a firemen's pension fund in cities,
incorporated towns, villages, townships and fire protection districts
having a population of not less than 5,000 nor more than 200,000
inhabitants", filed July 11, 1919, as amended.
(3) "AN ACT to provide for the creation, setting apart, maintenance
and administration of a municipal employees', officers', and officials'
annuity and benefit fund in cities having a population exceeding two
hundred thousand inhabitants", approved June 29, 1921, as amended.
(4) "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.
(5) "AN ACT to provide for the creation and operation of a
retirement and benefit fund for the benefit of certain officers and
employees, and their beneficiaries, of cities having a population of not
more than two hundred thousand inhabitants, villages, incorporated
towns, counties having a population of not more than five hundred
thousand inhabitants, certain other local governmental districts in the
State, and instrumentalities thereof, and of organizations which are
created by the Statutes of the State of Illinois to perform services for
the above, and to supersede certain other pension and benefit funds",
filed July 29, 1939, as amended.
(6) "AN ACT to provide for the creation, setting apart, maintenance
and administration of a county employees' and officers' annuity and
benefit fund in counties having a population exceeding five hundred
thousand inhabitants", approved July 2, 1925, as amended.
(7) "AN ACT for the creation, maintenance and administration of a
Judges Retirement System in order to provide annuities for Judges upon
their retirement and for their widows", approved July 21, 1941, as
amended.
(8) "AN ACT to provide for the creation, setting apart, maintenance
and administration of a Sanitary District Employees' and Trustees
Annuity and Benefit Fund in sanitary districts organized under an Act
entitled 'An Act to create sanitary districts and to remove obstructions
in the Des Plaines and Illinois Rivers', approved May 29, 1889, as
amended, and including within their territorial limits two or more
cities, villages, or towns having a total population exceeding one
million inhabitants", approved July 7, 1931, as amended.
(9) Section 9a of "AN ACT to provide for the creation and management
of forest preserve districts and repealing certain acts therein named",
approved June 27, 1913, as amended.
(10) "AN ACT for the creation, maintenance and administration of a
general Assembly members' and presiding officers' retirement system, to
provide retirement annuities to the participants thereof, and widows'
annuities and other benefits to their beneficiaries upon death", filed
July 8, 1947, as amended.
(11) "AN ACT to provide for the setting apart, formation and
disbursement of a house of correction employees pension fund in cities
having a population exceeding 150,000 inhabitants", approved June 10,
1911, as amended.
(12) "AN ACT to provide for the formation and disbursement of a
public library employees' pension fund in cities having a population
exceeding 500,000 inhabitants", approved May 12, 1905, as amended.
(13) "AN ACT to provide for the creation, setting apart, formation,
administration and disbursement of a park employes' and retirement board
employes' annuity and benefit fund", approved June 21, 1919, as
amended.
(14) Article 25 of "The School Code", approved March 18, 1961, as
amended.
(15) Sections 34-88 to 34-116, inclusive, of Article 34 of "The
School Code", approved March 18, 1961, as amended.
(16) "AN ACT to provide for the creation, maintenance and
administration of a retirement and benefit system for certain officers
and employees of the State of Illinois, their dependents and
beneficiaries", approved July 23, 1943, as amended.
(17) "AN ACT to provide for the creation, maintenance, and
administration of a Retirement System for the benefit of the staff
members and employees of the State universities and certain affiliated
organizations, certain other state educational and scientific agencies,
and the survivors, dependents and other beneficiaries of such
employees", approved July 21, 1941, as amended.
(18) "AN ACT to provide for the creation, setting apart, maintenance
and administration of a Municipal Court and Law Department Employees'
Annuity and Benefit Fund in cities having a population of more than two
hundred thousand (200,000) inhabitants in which any Municipal Court has
been or shall be established and maintained in accordance with law",
approved July 8, 1935, as amended.
(19) "AN ACT to provide for the creation, setting apart, maintenance
and administration of a Park Policemen's and Retirement Board Employees'
Annuity and Benefit Fund", approved June 29, 1921, as amended.
(20) "AN ACT to provide for service credits for annuity and pension
purposes in cities having a population exceeding five hundred thousand
(500,000) inhabitants", approved July 12, 1937.
(21) "AN ACT entitled An Act to establish the nature and character
of annuity and benefit funds and other pension funds created by the
legislature of the State of Illinois, the contributions to such funds,
and payments from such funds", approved July 18, 1945.
(22) "AN ACT to establish continuity and preservation of pension
credit for employees in Governmental service in the State of Illinois",
approved July 11, 1955, as amended.
(23) "AN ACT to provide for reciprocal allowance of credits for
retirement, death and disability benefits between the State Employees'
Retirement System of Illinois, the University Retirement System of
Illinois and the Teachers' Retirement System of the State of Illinois,
and for the transfer of certain funds between said systems", approved
August 8, 1947, as amended.
(24) "AN ACT to provide for the coverage of certain officers and
employees of the State and its political subdivisions and of the
instrumentalities of either, under the old-age, survivors, and
disability insurance provisions of the Federal Social Security Act, to
provide for the administration of such a coverage program and to make an
appropriation for its administration", approved August 6, 1951, as
amended.
(25) "AN ACT in relation to the examination, investigation and
supervision of pension, annuity and retirement funds or systems for the
benefit of employees and officers of governmental units in the State of
Illinois, to provide means to insure compliance with the laws
establishing such funds, and to repeal an Act herein named", approved
July 20, 1949, as amended.
(26) "AN ACT to provide for the setting apart, formation and
disbursement of a police pension fund in cities, villages and
incorporated towns", approved April 29, 1887, as amended.
(27) "AN ACT to provide for the setting apart, formation and
disbursement of a police pension fund in cities having a population
exceeding two hundred thousand inhabitants", approved June 29, 1915, as
amended.
(28) "AN ACT to provide for a firemen's pension fund and to create a
board of trustees to administer said fund in cities having a population
exceeding two hundred thousand (200,000) inhabitants", filed June 14,
1917, as amended.
(29) "AN ACT for the relief of disabled members of the police and
fire departments in cities and villages", approved May 24, 1877, as
amended.
(30) "AN ACT to provide for the creation, setting apart, maintenance
and administration of a firemen's annuity and benefit fund in cities,
townships, villages and incorporated towns having a population of not
less than ten thousand nor more than one hundred thousand inhabitants",
approved July 31, 1943.
(31) "AN ACT to provide for the formation and disbursement of a
municipal employees' pension fund in cities having a population
exceeding one hundred thousand inhabitants", approved May 16, 1905, as
amended.
(32) "AN ACT to legalize and validate appropriations and tax levy
ordinances and taxes for fiscal years 1957 and 1958 in counties of not
less than 500,000 for County Employees Annuity and Benefit Fund",
approved April 6, 1959.
(33) "AN ACT relating to a tax by certain park districts for the
purpose of making contributions to municipal police pension funds",
approved July 11, 1957, as amended.
(34) Sections 11 and 55 1/2 of "AN ACT to provide for the creation,
setting apart, maintenance and administration of a firemen's annuity and
benefit fund in cities having a population exceeding five hundred
thousand inhabitants", approved June 12, 1931, as amended.
(35) Sections 11, 35, and 54 1/2 of "AN ACT to provide for the
creation, setting apart, maintenance and administration of a policemen's
annuity and benefit fund in cities having a population exceeding two
hundred thousand inhabitants", approved June 29, 1921, as amended.
(36) "AN ACT to provide for the setting apart, formation,
administration and disbursement of a park police pension fund", filed
May 19, 1917, as amended.
(37) "AN ACT creating a Commission for the further study of pension
and annuity and benefit laws relating to employees and officers in
governmental service, to define its powers and duties, and to make
appropriations therefor", approved July 17, 1959.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/23-103) (from Ch. 108 1/2, par. 23-103)
Sec. 23-103. 
		Construction.
Nothing in this Code shall be construed to repeal any section of the
various Acts of which this Code is comprised when such section is the
subject of an amendment enacted by the Seventy-third General Assembly and
which becomes law. Furthermore, it is the intent of the General Assembly
that the corresponding section of this Code shall be construed with such
amended section so as to give effect to such amendment as if it was made a
part of this Code.
(Source: Laws 1963, p. 161.)