(40 ILCS 5/2‑101)(from Ch. 108 1/2, par. 2‑101) Sec. 2‑101. Creation of system. A retirement system is created to provide retirement annuities, survivor's annuities and other benefits for members of the General Assembly, certain elected state officials and their beneficiaries. The system shall be known as the "General Assembly Retirement System". All its funds and property shall be a trust separate from all other entities, maintained for the purpose of securing payment of annuities and benefits under this Article. (Source: P.A. 83‑1440.)
(40 ILCS 5/2‑102)(from Ch. 108 1/2, par. 2‑102) Sec. 2‑102. Terms defined. The terms used in this Article shall have the meanings ascribed to them in Sections 2‑103 through 2‑116, except when the context otherwise requires. (Source: P.A. 83‑1440.)
(40 ILCS 5/2‑103)(from Ch. 108 1/2, par. 2‑103) Sec. 2‑103. System. "System": The General Assembly Retirement System. (Source: Laws 1963, p. 161.)
(40 ILCS 5/2‑104)(from Ch. 108 1/2, par. 2‑104) Sec. 2‑104. Board. "Board": The board of trustees of the system. (Source: Laws 1963, p. 161.)
(40 ILCS 5/2‑105)(from Ch. 108 1/2, par. 2‑105) Sec. 2‑105. Member. "Member": Members of the General Assembly of this State including persons who enter military service while a member of the General Assembly and any person serving as Governor, Lieutenant Governor, Secretary of State, Treasurer, Comptroller, or Attorney General for the period of service in such office. Any person who has served for 10 or more years as Clerk or Assistant Clerk of the House of Representatives, Secretary or Assistant Secretary of the Senate, or any combination thereof, may elect to become a member of this system while thenceforth engaged in such service by filing a written election with the board. Any person so electing shall be deemed an active member of the General Assembly for the purpose of validating and transferring any service credits earned under any of the funds and systems established under Articles 3 through 18 of this Code. (Source: P.A. 85‑1008.)
(40 ILCS 5/2‑106)(from Ch. 108 1/2, par. 2‑106) Sec. 2‑106. Eligible member. "Eligible member": Any member other than one who has elected not to participate. (Source: Laws 1963, p. 161.)
(40 ILCS 5/2‑107)(from Ch. 108 1/2, par. 2‑107) Sec. 2‑107. Participant. "Participant": Any member who elects to participate; and any former member who elects to continue participation under Section 2‑117.1, for the duration of such continued participation. (Source: P.A. 86‑1488.)
(40 ILCS 5/2‑108)(from Ch. 108 1/2, par. 2‑108) Sec. 2‑108. Salary. "Salary": (1) For members of the General Assembly, the total compensation paid to the member by the State for one year of service, including the additional amounts, if any, paid to the member as an officer pursuant to Section 1 of "An Act in relation to the compensation and emoluments of the members of the General Assembly", approved December 6, 1907, as now or hereafter amended. (2) For the State executive officers specified in Section 2‑105, the total compensation paid to the member for one year of service. (3) For members of the System who are participants under Section 2‑117.1, or who are serving as Clerk or Assistant Clerk of the House of Representatives or Secretary or Assistant Secretary of the Senate, the total compensation paid to the member for one year of service, but not to exceed the salary of the highest salaried officer of the General Assembly. However, in the event that federal law results in any participant receiving imputed income based on the value of group term life insurance provided by the State, such imputed income shall not be included in salary for the purposes of this Article. (Source: P.A. 86‑27; 86‑273; 86‑1028; 86‑1488.)
(40 ILCS 5/2‑108.1)(from Ch. 108 1/2, par. 2‑108.1) (Text of Section before amendment by P.A. 96‑889) Sec. 2‑108.1. Highest salary for annuity purposes. (a) "Highest salary for annuity purposes" means whichever of the following is applicable to the participant: For a participant who first becomes a participant of this
System before the effective date of this amendatory Act of the 96th General Assembly:
(1) For a participant who is a member of the General
Assembly on his or her last day of service: the highest salary that is prescribed by law, on the participant's last day of service, for a member of the General Assembly who is not an officer; plus, if the participant was elected or appointed to serve as an officer of the General Assembly for 2 or more years and has made contributions as required under subsection (d) of Section 2‑126, the highest additional amount of compensation prescribed by law, at the time of the participant's service as an officer, for members of the General Assembly who serve in that office.
(2) For a participant who holds one of the State
executive offices specified in Section 2‑105 on his or her last day of service: the highest salary prescribed by law for service in that office on the participant's last day of service.
(3) For a participant who is Clerk or Assistant
Clerk of the House of Representatives or Secretary or Assistant Secretary of the Senate on his or her last day of service: the salary received for service in that capacity on the last day of service, but not to exceed the highest salary (including additional compensation for service as an officer) that is prescribed by law on the participant's last day of service for the highest paid officer of the General Assembly.
(4) For a participant who is a continuing
participant under Section 2‑117.1 on his or her last day of service: the salary received for service in that capacity on the last day of service, but not to exceed the highest salary (including additional compensation for service as an officer) that is prescribed by law on the participant's last day of service for the highest paid officer of the General Assembly.
For a participant who first becomes a participant of this
System on or after the effective date of this amendatory Act of the 96th General Assembly, the average monthly salary obtained by dividing the total salary of the participant during the period of: (1) the 48 consecutive months of service within the last 120 months of service in which the total compensation was the highest, or (2) the total period of service, if less than 48 months, by the number of months of service in that period.
(b) The earnings limitations of subsection (a) apply to earnings under any other participating system under the Retirement Systems Reciprocal Act that are considered in calculating a proportional annuity under this Article, except in the case of a person who first became a member of this System before August 22, 1994. (c) In calculating the subsection (a) earnings limitation to be applied to earnings under any other participating system under the Retirement Systems Reciprocal Act for the purpose of calculating a proportional annuity under this Article, the participant's last day of service shall be deemed to mean the last day of service in any participating system from which the person has applied for a proportional annuity under the Retirement Systems Reciprocal Act. (Source: P.A. 96‑207, eff. 8‑10‑09.)
(Text of Section after amendment by P.A. 96‑889) Sec. 2‑108.1. Highest salary for annuity purposes. (a) "Highest salary for annuity purposes" means whichever of the following is applicable to the participant: For a participant who first becomes a participant of this
System before August 10, 2009 (the effective date of Public Act 96‑207):
(1) For a participant who is a member of the General
Assembly on his or her last day of service: the highest salary that is prescribed by law, on the participant's last day of service, for a member of the General Assembly who is not an officer; plus, if the participant was elected or appointed to serve as an officer of the General Assembly for 2 or more years and has made contributions as required under subsection (d) of Section 2‑126, the highest additional amount of compensation prescribed by law, at the time of the participant's service as an officer, for members of the General Assembly who serve in that office.
(2) For a participant who holds one of the State
executive offices specified in Section 2‑105 on his or her last day of service: the highest salary prescribed by law for service in that office on the participant's last day of service.
(3) For a participant who is Clerk or Assistant
Clerk of the House of Representatives or Secretary or Assistant Secretary of the Senate on his or her last day of service: the salary received for service in that capacity on the last day of service, but not to exceed the highest salary (including additional compensation for service as an officer) that is prescribed by law on the participant's last day of service for the highest paid officer of the General Assembly.
(4) For a participant who is a continuing
participant under Section 2‑117.1 on his or her last day of service: the salary received for service in that capacity on the last day of service, but not to exceed the highest salary (including additional compensation for service as an officer) that is prescribed by law on the participant's last day of service for the highest paid officer of the General Assembly.
For a participant who first becomes a participant of this
System on or after August 10, 2009 (the effective date of Public Act 96‑207) and before the effective date of this amendatory Act of the 96th General Assembly, the average monthly salary obtained by dividing the total salary of the participant during the period of: (1) the 48 consecutive months of service within the last 120 months of service in which the total compensation was the highest, or (2) the total period of service, if less than 48 months, by the number of months of service in that period.
For a participant who first becomes a participant of this System on or after the effective date of this amendatory Act of the 96th General Assembly, the average monthly salary obtained by dividing the total salary of the participant during the 96 consecutive months of service within the last 120 months of service in which the total compensation was the highest by the number of months of service in that period; however, the highest salary for annuity purposes may not exceed the Social Security Covered Wage Base for 2010, and shall automatically be increased or decreased, as applicable, by a percentage equal to the percentage change in the consumer price index‑u during the preceding 12‑month calendar year. "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. The new amount resulting from each annual adjustment shall be determined by the Public Pension Division of the Department of Insurance and made available to the Board. (b) The earnings limitations of subsection (a) apply to earnings under any other participating system under the Retirement Systems Reciprocal Act that are considered in calculating a proportional annuity under this Article, except in the case of a person who first became a member of this System before August 22, 1994. (c) In calculating the subsection (a) earnings limitation to be applied to earnings under any other participating system under the Retirement Systems Reciprocal Act for the purpose of calculating a proportional annuity under this Article, the participant's last day of service shall be deemed to mean the last day of service in any participating system from which the person has applied for a proportional annuity under the Retirement Systems Reciprocal Act. (Source: P.A. 96‑207, eff. 8‑10‑09; 96‑889, eff. 1‑1‑11.)
(40 ILCS 5/2‑109)(from Ch. 108 1/2, par. 2‑109) Sec. 2‑109. Military service. "Military service": Service in the United States Army, Navy, Air Force, Marines or Coast Guard or any women's auxiliary thereof. (Source: P.A. 87‑794.)
(40 ILCS 5/2‑110)(from Ch. 108 1/2, par. 2‑110) Sec. 2‑110. Service. (A) "Service" means the period beginning on the day when a person first became a member, and ending on the date under consideration, excluding all intervening periods of nonmembership following resignation or expiration of any term of office. (B) "Service" includes: (a) Military service during war by a person who
entered such service while a member, whether rendered before or after the expiration of any term of office; plus up to 2 years of military service that need not have immediately followed service as a member, and need not have been served during wartime, provided that the member makes contributions to the System for such service (1) at the rates provided in Section 2‑126 based upon the member's rate of compensation on the last date as a participant prior to such military service, or on the first date as a participant after such military service, whichever is greater, plus (2) if payment is made on or after May 1, 1993, an amount determined by the Board to be equal to the employer's normal cost of the benefits accrued for such military service, plus (3) interest at the effective rate from the date of first membership in the System to the date of payment.
The amendment to this subdivision (B)(a) made by
this amendatory Act of 1993 shall apply to persons who are active contributors to the System on or after November 30, 1992. A person who was an active contributor to the System on November 30, 1992 but is no longer an active contributor may apply to purchase military credit under this subdivision (B)(a) within 60 days after the effective date of this amendatory Act of 1993; if the person is an annuitant, the resulting increase in annuity shall begin to accrue on the first day of the month following the month in which the required payment is received by the System. The change in the required contribution for purchased military credit made by this amendatory Act of 1993 shall not entitle any person to a refund of contributions already paid.
(b) Service as a judge of a court of this State,
but credit for such service is subject to the following conditions: (1) such person shall have been a member for at least 4 years and contributed to the system for service as a judge subsequent to July 8, 1947, at the rates herein provided, including interest at 2% per annum to the date of payment based on the salary in effect during such service; (2) the member was not an eligible member of nor entitled to credit for such service in any other retirement system in the State maintained in whole or in part by public contributions; and (3) the last 4 years of service prior to retirement on annuity was rendered while a member.
(c) Service as a participating employee under
Articles 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 or 18 of the Illinois Pension Code. Credit for such service may be established by a member and, if permitted by the credit transfer Section of the appropriate Article, by a former member who is not yet an annuitant, and is subject to the following conditions: (1) that the credits accrued under the above mentioned Articles have been transferred to this system; and (2) that the member has contributed to this system an amount equal to (i) the contribution rate in effect for participants at the date of membership in this system multiplied by the salary then in effect for members of the General Assembly for each year of service for which credit is being transferred, plus (ii) the State's share of the normal cost of benefits under this system expressed as a percent of payroll, as determined by the system's actuary as of the date of the participant's membership in this system, multiplied by the salary then in effect for members of the General Assembly, for each year of service for which credit is being transferred, plus (iii) interest on items (i) and (ii) above at 6% per annum compounded annually, from the date of membership to the date of payment by the participant, less (iv) the amount transferred to this system on behalf of the participant on account of service rendered while a participant under the above mentioned Articles.
(d) Service, before October 1, 1975, as an officer
elected by the people of Illinois, for which creditable service is required to be transferred from the State Employees' Retirement System to this system by this amendatory Act of 1975.
(e) Service rendered prior to January 1, 1964, as a
justice of the peace or police magistrate or as a civil referee in the Municipal Court of Chicago, but credit for such service may not be granted until the member has paid to the system an amount equal to (1) the contribution rate for participants at the date of membership in this system multiplied by the salary then in effect for members of the General Assembly for each year of service for which credit is being transferred, plus (2) the State's share of the normal cost of benefits under this system expressed as a percent of payroll, as determined by the system's actuary as of the date of the participant's membership in this system, multiplied by the salary then in effect for members of the General Assembly, for each year of service for which credit is allowed, plus, (3) interest on (1) and (2) above at 6% per annum compounded annually from the date of membership to the date of payment by the member. However, a participant may not receive more than 6 years of credit for such service nor may any member receive credit under this paragraph for service for which credit has been granted in any other public pension fund or retirement system in the State.
(f) Service before January 16, 1981, as an officer
elected by the people of Illinois, for which creditable service is transferred from the State Employees' Retirement System to this system.
(C) Service during any fraction of a month shall be considered as a month of service. Service includes the total period of time for which a participant is elected as a member or officer, even though he or she does not complete the term because of death, resignation, judicial decision, or operation of law, provided that the contributions required under this Article for such entire period of office have been made by or on behalf of the participant. In the case of a participant appointed or elected to fill a vacancy, service includes the total period from January 1 of the year in which his or her service commences to the end of the term in which the vacancy occurs, provided the participant contributes in the year of appointment an amount equal to the contributions that would have been required had the participant received salary for the entire year. The foregoing provisions relating to a participant appointed or elected to fill a vacancy shall not apply if the participant was a member of the other legislative chamber at the time of appointment or election. (D) Notwithstanding the other provisions of this Section, if application to transfer or establish service credit under paragraph (c) or (e) of subsection (B) of this Section is made between January 1, 1992 and February 1, 1993, the contribution required for such credit shall be an amount equal to (1) the contribution rate in effect for participants at the date of membership in this system multiplied by the salary then in effect for members of the General Assembly for each year of service for which credit is being granted, plus (2) interest thereon at 6% per annum compounded annually, from the date of membership to the date of payment by the member, less (3) any amount transferred to this system on behalf of the member on account of such service credit. (Source: P.A. 86‑27; 86‑1028; 87‑794; 87‑1265.)
(40 ILCS 5/2‑110.1)(from Ch. 108 1/2, par. 2‑110.1) Sec. 2‑110.1. Service credit for elected county, township or municipal official. An active participant having no creditable service as a participating employee under Article 7 of this Code may establish service credit in this system for periods during which the participant held an elective office in a county, township or municipality, (including the full term for which elected if he or she resigned such office to enter the armed forces of the United States), provided the member cannot establish service credit under Article 7 for such periods because the county, township or municipality did not and does not subscribe to coverage for that office under that Article. Credit for such service may be established in this system by the participant paying to this system an amount equal to (1) the contribution rate in effect for participants at the date of membership in this system multiplied by the salary then in effect for the members of the General Assembly for each year of service for which credit is allowed, plus (2) the State's share of the normal cost of benefits under this system expressed as a percent of payroll, as determined by the system's actuary as of the date of the participant's membership in this system multiplied by the salary then in effect for members of the General Assembly, for each year of service for which credit is allowed, plus (3) interest on (1) and (2) above at 4% per annum compounded annually from the date of membership to the date of payment by the participant. However, if application for such credit is made between January 1, 1992 and April 1, 1992, the applicant need not pay the amount indicated in item (2) above, but only the sum of items (1) and (3). (Source: P.A. 87‑794.)
(40 ILCS 5/2‑110.2)(from Ch. 108 1/2, par. 2‑110.2) Sec. 2‑110.2. Age enhancement. Any member or former member who receives any age enhancement under Section 14‑108.3 of this Code shall be entitled to use such age enhancement under the Retirement Systems Reciprocal Act for the purpose of establishing eligibility for and calculating the amount of a retirement annuity payable under this Article, notwithstanding the provisions of subsection (b) of Section 14‑108.3. (Source: P.A. 87‑794.)
(40 ILCS 5/2‑111)(from Ch. 108 1/2, par. 2‑111) Sec. 2‑111. Annuity. "Annuity": A series of monthly payments payable at the end of each calendar month during the life of an annuitant. The first payment shall be prorated for a fraction of a month to the end of the first month. The last payment shall be made for the whole calendar month in which death occurs. (Source: P.A. 86‑273.)
(40 ILCS 5/2‑112)(from Ch. 108 1/2, par. 2‑112) Sec. 2‑112. Annuitant. "Annuitant": A person receiving a retirement annuity or survivor's annuity. (Source: P.A. 83‑1440.)
(40 ILCS 5/2‑113)(from Ch. 108 1/2, par. 2‑113) Sec. 2‑113. Refund beneficiary. "Refund beneficiary": The person entitled to receive refunds of a deceased participant's contributions. (Source: Laws 1963, p. 161.)
(40 ILCS 5/2‑114)(from Ch. 108 1/2, par. 2‑114) Sec. 2‑114. Actuarial tables. "Actuarial tables": Tabular listings of assumed rates of death, disability, retirement and withdrawal from service and mathematical functions derived from such rates combined with an assumed rate of interest based upon the experience of the system as adopted by the board upon recommendation of the actuary. (Source: Laws 1963, p. 161.)
(40 ILCS 5/2‑115)(from Ch. 108 1/2, par. 2‑115) Sec. 2‑115. Prescribed rate of interest. "Prescribed rate of interest": 3% per annum compounded annually, or such other rate determined from the actual experience of the system as may be prescribed by the board. (Source: Laws 1963, p. 161.)
(40 ILCS 5/2‑116)(from Ch. 108 1/2, par. 2‑116) Sec. 2‑116. Fiscal year. "Fiscal year": The period beginning on July 1 in any year and ending on June 30 of the next succeeding year. (Source: Laws 1963, p. 161.)
(40 ILCS 5/2‑117)(from Ch. 108 1/2, par. 2‑117) Sec. 2‑117. Participants ‑ Election not to participate. (a) Every person who was a member on November 1, 1947, or in military service on such date, is subject to the provisions of this system beginning upon such date, unless prior to such date he or she filed with the board a written notice of election not to participate. Every person who becomes a member after November 1, 1947, and who is then not a participant becomes a participant beginning upon the date of becoming a member unless, within 24 months from that date, he or she has filed with the board a written notice of election not to participate. (b) A member who has filed notice of an election not to participate (and a former member who has not yet begun to receive a retirement annuity under this Article) may become a participant with respect to the period for which the member elected not to participate upon filing with the board, before April 1, 1993, a written rescission of the election not to participate. Upon contributing an amount equal to the contributions he or she would have made as a participant from November 1, 1947, or the date of becoming a member, whichever is later, to the date of becoming a participant, with interest at the rate of 4% per annum until the contributions are paid, the participant shall receive credit for service as a member prior to the date of the rescission, both before and after November 1, 1947. The required contributions shall be made before commencement of the retirement annuity; otherwise no credit for service prior to the date of participation shall be granted. (Source: P.A. 86‑273; 87‑1265.)
(40 ILCS 5/2‑117.1)(from Ch. 108 1/2, par. 2‑117.1) Sec. 2‑117.1. Participants ‑ Election to continue participation.
(40 ILCS 5/2‑101)(from Ch. 108 1/2, par. 2‑101) Sec. 2‑101. Creation of system. A retirement system is created to provide retirement annuities, survivor's annuities and other benefits for members of the General Assembly, certain elected state officials and their beneficiaries. The system shall be known as the "General Assembly Retirement System". All its funds and property shall be a trust separate from all other entities, maintained for the purpose of securing payment of annuities and benefits under this Article. (Source: P.A. 83‑1440.)
(40 ILCS 5/2‑102)(from Ch. 108 1/2, par. 2‑102) Sec. 2‑102. Terms defined. The terms used in this Article shall have the meanings ascribed to them in Sections 2‑103 through 2‑116, except when the context otherwise requires. (Source: P.A. 83‑1440.)
(40 ILCS 5/2‑103)(from Ch. 108 1/2, par. 2‑103) Sec. 2‑103. System. "System": The General Assembly Retirement System. (Source: Laws 1963, p. 161.)
(40 ILCS 5/2‑104)(from Ch. 108 1/2, par. 2‑104) Sec. 2‑104. Board. "Board": The board of trustees of the system. (Source: Laws 1963, p. 161.)
(40 ILCS 5/2‑105)(from Ch. 108 1/2, par. 2‑105) Sec. 2‑105. Member. "Member": Members of the General Assembly of this State including persons who enter military service while a member of the General Assembly and any person serving as Governor, Lieutenant Governor, Secretary of State, Treasurer, Comptroller, or Attorney General for the period of service in such office. Any person who has served for 10 or more years as Clerk or Assistant Clerk of the House of Representatives, Secretary or Assistant Secretary of the Senate, or any combination thereof, may elect to become a member of this system while thenceforth engaged in such service by filing a written election with the board. Any person so electing shall be deemed an active member of the General Assembly for the purpose of validating and transferring any service credits earned under any of the funds and systems established under Articles 3 through 18 of this Code. (Source: P.A. 85‑1008.)
(40 ILCS 5/2‑106)(from Ch. 108 1/2, par. 2‑106) Sec. 2‑106. Eligible member. "Eligible member": Any member other than one who has elected not to participate. (Source: Laws 1963, p. 161.)
(40 ILCS 5/2‑107)(from Ch. 108 1/2, par. 2‑107) Sec. 2‑107. Participant. "Participant": Any member who elects to participate; and any former member who elects to continue participation under Section 2‑117.1, for the duration of such continued participation. (Source: P.A. 86‑1488.)
(40 ILCS 5/2‑108)(from Ch. 108 1/2, par. 2‑108) Sec. 2‑108. Salary. "Salary": (1) For members of the General Assembly, the total compensation paid to the member by the State for one year of service, including the additional amounts, if any, paid to the member as an officer pursuant to Section 1 of "An Act in relation to the compensation and emoluments of the members of the General Assembly", approved December 6, 1907, as now or hereafter amended. (2) For the State executive officers specified in Section 2‑105, the total compensation paid to the member for one year of service. (3) For members of the System who are participants under Section 2‑117.1, or who are serving as Clerk or Assistant Clerk of the House of Representatives or Secretary or Assistant Secretary of the Senate, the total compensation paid to the member for one year of service, but not to exceed the salary of the highest salaried officer of the General Assembly. However, in the event that federal law results in any participant receiving imputed income based on the value of group term life insurance provided by the State, such imputed income shall not be included in salary for the purposes of this Article. (Source: P.A. 86‑27; 86‑273; 86‑1028; 86‑1488.)
(40 ILCS 5/2‑108.1)(from Ch. 108 1/2, par. 2‑108.1) (Text of Section before amendment by P.A. 96‑889) Sec. 2‑108.1. Highest salary for annuity purposes. (a) "Highest salary for annuity purposes" means whichever of the following is applicable to the participant: For a participant who first becomes a participant of this
System before the effective date of this amendatory Act of the 96th General Assembly:
(1) For a participant who is a member of the General
Assembly on his or her last day of service: the highest salary that is prescribed by law, on the participant's last day of service, for a member of the General Assembly who is not an officer; plus, if the participant was elected or appointed to serve as an officer of the General Assembly for 2 or more years and has made contributions as required under subsection (d) of Section 2‑126, the highest additional amount of compensation prescribed by law, at the time of the participant's service as an officer, for members of the General Assembly who serve in that office.
(2) For a participant who holds one of the State
executive offices specified in Section 2‑105 on his or her last day of service: the highest salary prescribed by law for service in that office on the participant's last day of service.
(3) For a participant who is Clerk or Assistant
Clerk of the House of Representatives or Secretary or Assistant Secretary of the Senate on his or her last day of service: the salary received for service in that capacity on the last day of service, but not to exceed the highest salary (including additional compensation for service as an officer) that is prescribed by law on the participant's last day of service for the highest paid officer of the General Assembly.
(4) For a participant who is a continuing
participant under Section 2‑117.1 on his or her last day of service: the salary received for service in that capacity on the last day of service, but not to exceed the highest salary (including additional compensation for service as an officer) that is prescribed by law on the participant's last day of service for the highest paid officer of the General Assembly.
For a participant who first becomes a participant of this
System on or after the effective date of this amendatory Act of the 96th General Assembly, the average monthly salary obtained by dividing the total salary of the participant during the period of: (1) the 48 consecutive months of service within the last 120 months of service in which the total compensation was the highest, or (2) the total period of service, if less than 48 months, by the number of months of service in that period.
(b) The earnings limitations of subsection (a) apply to earnings under any other participating system under the Retirement Systems Reciprocal Act that are considered in calculating a proportional annuity under this Article, except in the case of a person who first became a member of this System before August 22, 1994. (c) In calculating the subsection (a) earnings limitation to be applied to earnings under any other participating system under the Retirement Systems Reciprocal Act for the purpose of calculating a proportional annuity under this Article, the participant's last day of service shall be deemed to mean the last day of service in any participating system from which the person has applied for a proportional annuity under the Retirement Systems Reciprocal Act. (Source: P.A. 96‑207, eff. 8‑10‑09.)
(Text of Section after amendment by P.A. 96‑889) Sec. 2‑108.1. Highest salary for annuity purposes. (a) "Highest salary for annuity purposes" means whichever of the following is applicable to the participant: For a participant who first becomes a participant of this
System before August 10, 2009 (the effective date of Public Act 96‑207):
(1) For a participant who is a member of the General
Assembly on his or her last day of service: the highest salary that is prescribed by law, on the participant's last day of service, for a member of the General Assembly who is not an officer; plus, if the participant was elected or appointed to serve as an officer of the General Assembly for 2 or more years and has made contributions as required under subsection (d) of Section 2‑126, the highest additional amount of compensation prescribed by law, at the time of the participant's service as an officer, for members of the General Assembly who serve in that office.
(2) For a participant who holds one of the State
executive offices specified in Section 2‑105 on his or her last day of service: the highest salary prescribed by law for service in that office on the participant's last day of service.
(3) For a participant who is Clerk or Assistant
Clerk of the House of Representatives or Secretary or Assistant Secretary of the Senate on his or her last day of service: the salary received for service in that capacity on the last day of service, but not to exceed the highest salary (including additional compensation for service as an officer) that is prescribed by law on the participant's last day of service for the highest paid officer of the General Assembly.
(4) For a participant who is a continuing
participant under Section 2‑117.1 on his or her last day of service: the salary received for service in that capacity on the last day of service, but not to exceed the highest salary (including additional compensation for service as an officer) that is prescribed by law on the participant's last day of service for the highest paid officer of the General Assembly.
For a participant who first becomes a participant of this
System on or after August 10, 2009 (the effective date of Public Act 96‑207) and before the effective date of this amendatory Act of the 96th General Assembly, the average monthly salary obtained by dividing the total salary of the participant during the period of: (1) the 48 consecutive months of service within the last 120 months of service in which the total compensation was the highest, or (2) the total period of service, if less than 48 months, by the number of months of service in that period.
For a participant who first becomes a participant of this System on or after the effective date of this amendatory Act of the 96th General Assembly, the average monthly salary obtained by dividing the total salary of the participant during the 96 consecutive months of service within the last 120 months of service in which the total compensation was the highest by the number of months of service in that period; however, the highest salary for annuity purposes may not exceed the Social Security Covered Wage Base for 2010, and shall automatically be increased or decreased, as applicable, by a percentage equal to the percentage change in the consumer price index‑u during the preceding 12‑month calendar year. "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. The new amount resulting from each annual adjustment shall be determined by the Public Pension Division of the Department of Insurance and made available to the Board. (b) The earnings limitations of subsection (a) apply to earnings under any other participating system under the Retirement Systems Reciprocal Act that are considered in calculating a proportional annuity under this Article, except in the case of a person who first became a member of this System before August 22, 1994. (c) In calculating the subsection (a) earnings limitation to be applied to earnings under any other participating system under the Retirement Systems Reciprocal Act for the purpose of calculating a proportional annuity under this Article, the participant's last day of service shall be deemed to mean the last day of service in any participating system from which the person has applied for a proportional annuity under the Retirement Systems Reciprocal Act. (Source: P.A. 96‑207, eff. 8‑10‑09; 96‑889, eff. 1‑1‑11.)
(40 ILCS 5/2‑109)(from Ch. 108 1/2, par. 2‑109) Sec. 2‑109. Military service. "Military service": Service in the United States Army, Navy, Air Force, Marines or Coast Guard or any women's auxiliary thereof. (Source: P.A. 87‑794.)
(40 ILCS 5/2‑110)(from Ch. 108 1/2, par. 2‑110) Sec. 2‑110. Service. (A) "Service" means the period beginning on the day when a person first became a member, and ending on the date under consideration, excluding all intervening periods of nonmembership following resignation or expiration of any term of office. (B) "Service" includes: (a) Military service during war by a person who
entered such service while a member, whether rendered before or after the expiration of any term of office; plus up to 2 years of military service that need not have immediately followed service as a member, and need not have been served during wartime, provided that the member makes contributions to the System for such service (1) at the rates provided in Section 2‑126 based upon the member's rate of compensation on the last date as a participant prior to such military service, or on the first date as a participant after such military service, whichever is greater, plus (2) if payment is made on or after May 1, 1993, an amount determined by the Board to be equal to the employer's normal cost of the benefits accrued for such military service, plus (3) interest at the effective rate from the date of first membership in the System to the date of payment.
The amendment to this subdivision (B)(a) made by
this amendatory Act of 1993 shall apply to persons who are active contributors to the System on or after November 30, 1992. A person who was an active contributor to the System on November 30, 1992 but is no longer an active contributor may apply to purchase military credit under this subdivision (B)(a) within 60 days after the effective date of this amendatory Act of 1993; if the person is an annuitant, the resulting increase in annuity shall begin to accrue on the first day of the month following the month in which the required payment is received by the System. The change in the required contribution for purchased military credit made by this amendatory Act of 1993 shall not entitle any person to a refund of contributions already paid.
(b) Service as a judge of a court of this State,
but credit for such service is subject to the following conditions: (1) such person shall have been a member for at least 4 years and contributed to the system for service as a judge subsequent to July 8, 1947, at the rates herein provided, including interest at 2% per annum to the date of payment based on the salary in effect during such service; (2) the member was not an eligible member of nor entitled to credit for such service in any other retirement system in the State maintained in whole or in part by public contributions; and (3) the last 4 years of service prior to retirement on annuity was rendered while a member.
(c) Service as a participating employee under
Articles 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 or 18 of the Illinois Pension Code. Credit for such service may be established by a member and, if permitted by the credit transfer Section of the appropriate Article, by a former member who is not yet an annuitant, and is subject to the following conditions: (1) that the credits accrued under the above mentioned Articles have been transferred to this system; and (2) that the member has contributed to this system an amount equal to (i) the contribution rate in effect for participants at the date of membership in this system multiplied by the salary then in effect for members of the General Assembly for each year of service for which credit is being transferred, plus (ii) the State's share of the normal cost of benefits under this system expressed as a percent of payroll, as determined by the system's actuary as of the date of the participant's membership in this system, multiplied by the salary then in effect for members of the General Assembly, for each year of service for which credit is being transferred, plus (iii) interest on items (i) and (ii) above at 6% per annum compounded annually, from the date of membership to the date of payment by the participant, less (iv) the amount transferred to this system on behalf of the participant on account of service rendered while a participant under the above mentioned Articles.
(d) Service, before October 1, 1975, as an officer
elected by the people of Illinois, for which creditable service is required to be transferred from the State Employees' Retirement System to this system by this amendatory Act of 1975.
(e) Service rendered prior to January 1, 1964, as a
justice of the peace or police magistrate or as a civil referee in the Municipal Court of Chicago, but credit for such service may not be granted until the member has paid to the system an amount equal to (1) the contribution rate for participants at the date of membership in this system multiplied by the salary then in effect for members of the General Assembly for each year of service for which credit is being transferred, plus (2) the State's share of the normal cost of benefits under this system expressed as a percent of payroll, as determined by the system's actuary as of the date of the participant's membership in this system, multiplied by the salary then in effect for members of the General Assembly, for each year of service for which credit is allowed, plus, (3) interest on (1) and (2) above at 6% per annum compounded annually from the date of membership to the date of payment by the member. However, a participant may not receive more than 6 years of credit for such service nor may any member receive credit under this paragraph for service for which credit has been granted in any other public pension fund or retirement system in the State.
(f) Service before January 16, 1981, as an officer
elected by the people of Illinois, for which creditable service is transferred from the State Employees' Retirement System to this system.
(C) Service during any fraction of a month shall be considered as a month of service. Service includes the total period of time for which a participant is elected as a member or officer, even though he or she does not complete the term because of death, resignation, judicial decision, or operation of law, provided that the contributions required under this Article for such entire period of office have been made by or on behalf of the participant. In the case of a participant appointed or elected to fill a vacancy, service includes the total period from January 1 of the year in which his or her service commences to the end of the term in which the vacancy occurs, provided the participant contributes in the year of appointment an amount equal to the contributions that would have been required had the participant received salary for the entire year. The foregoing provisions relating to a participant appointed or elected to fill a vacancy shall not apply if the participant was a member of the other legislative chamber at the time of appointment or election. (D) Notwithstanding the other provisions of this Section, if application to transfer or establish service credit under paragraph (c) or (e) of subsection (B) of this Section is made between January 1, 1992 and February 1, 1993, the contribution required for such credit shall be an amount equal to (1) the contribution rate in effect for participants at the date of membership in this system multiplied by the salary then in effect for members of the General Assembly for each year of service for which credit is being granted, plus (2) interest thereon at 6% per annum compounded annually, from the date of membership to the date of payment by the member, less (3) any amount transferred to this system on behalf of the member on account of such service credit. (Source: P.A. 86‑27; 86‑1028; 87‑794; 87‑1265.)
(40 ILCS 5/2‑110.1)(from Ch. 108 1/2, par. 2‑110.1) Sec. 2‑110.1. Service credit for elected county, township or municipal official. An active participant having no creditable service as a participating employee under Article 7 of this Code may establish service credit in this system for periods during which the participant held an elective office in a county, township or municipality, (including the full term for which elected if he or she resigned such office to enter the armed forces of the United States), provided the member cannot establish service credit under Article 7 for such periods because the county, township or municipality did not and does not subscribe to coverage for that office under that Article. Credit for such service may be established in this system by the participant paying to this system an amount equal to (1) the contribution rate in effect for participants at the date of membership in this system multiplied by the salary then in effect for the members of the General Assembly for each year of service for which credit is allowed, plus (2) the State's share of the normal cost of benefits under this system expressed as a percent of payroll, as determined by the system's actuary as of the date of the participant's membership in this system multiplied by the salary then in effect for members of the General Assembly, for each year of service for which credit is allowed, plus (3) interest on (1) and (2) above at 4% per annum compounded annually from the date of membership to the date of payment by the participant. However, if application for such credit is made between January 1, 1992 and April 1, 1992, the applicant need not pay the amount indicated in item (2) above, but only the sum of items (1) and (3). (Source: P.A. 87‑794.)
(40 ILCS 5/2‑110.2)(from Ch. 108 1/2, par. 2‑110.2) Sec. 2‑110.2. Age enhancement. Any member or former member who receives any age enhancement under Section 14‑108.3 of this Code shall be entitled to use such age enhancement under the Retirement Systems Reciprocal Act for the purpose of establishing eligibility for and calculating the amount of a retirement annuity payable under this Article, notwithstanding the provisions of subsection (b) of Section 14‑108.3. (Source: P.A. 87‑794.)
(40 ILCS 5/2‑111)(from Ch. 108 1/2, par. 2‑111) Sec. 2‑111. Annuity. "Annuity": A series of monthly payments payable at the end of each calendar month during the life of an annuitant. The first payment shall be prorated for a fraction of a month to the end of the first month. The last payment shall be made for the whole calendar month in which death occurs. (Source: P.A. 86‑273.)
(40 ILCS 5/2‑112)(from Ch. 108 1/2, par. 2‑112) Sec. 2‑112. Annuitant. "Annuitant": A person receiving a retirement annuity or survivor's annuity. (Source: P.A. 83‑1440.)
(40 ILCS 5/2‑113)(from Ch. 108 1/2, par. 2‑113) Sec. 2‑113. Refund beneficiary. "Refund beneficiary": The person entitled to receive refunds of a deceased participant's contributions. (Source: Laws 1963, p. 161.)
(40 ILCS 5/2‑114)(from Ch. 108 1/2, par. 2‑114) Sec. 2‑114. Actuarial tables. "Actuarial tables": Tabular listings of assumed rates of death, disability, retirement and withdrawal from service and mathematical functions derived from such rates combined with an assumed rate of interest based upon the experience of the system as adopted by the board upon recommendation of the actuary. (Source: Laws 1963, p. 161.)
(40 ILCS 5/2‑115)(from Ch. 108 1/2, par. 2‑115) Sec. 2‑115. Prescribed rate of interest. "Prescribed rate of interest": 3% per annum compounded annually, or such other rate determined from the actual experience of the system as may be prescribed by the board. (Source: Laws 1963, p. 161.)
(40 ILCS 5/2‑116)(from Ch. 108 1/2, par. 2‑116) Sec. 2‑116. Fiscal year. "Fiscal year": The period beginning on July 1 in any year and ending on June 30 of the next succeeding year. (Source: Laws 1963, p. 161.)
(40 ILCS 5/2‑117)(from Ch. 108 1/2, par. 2‑117) Sec. 2‑117. Participants ‑ Election not to participate. (a) Every person who was a member on November 1, 1947, or in military service on such date, is subject to the provisions of this system beginning upon such date, unless prior to such date he or she filed with the board a written notice of election not to participate. Every person who becomes a member after November 1, 1947, and who is then not a participant becomes a participant beginning upon the date of becoming a member unless, within 24 months from that date, he or she has filed with the board a written notice of election not to participate. (b) A member who has filed notice of an election not to participate (and a former member who has not yet begun to receive a retirement annuity under this Article) may become a participant with respect to the period for which the member elected not to participate upon filing with the board, before April 1, 1993, a written rescission of the election not to participate. Upon contributing an amount equal to the contributions he or she would have made as a participant from November 1, 1947, or the date of becoming a member, whichever is later, to the date of becoming a participant, with interest at the rate of 4% per annum until the contributions are paid, the participant shall receive credit for service as a member prior to the date of the rescission, both before and after November 1, 1947. The required contributions shall be made before commencement of the retirement annuity; otherwise no credit for service prior to the date of participation shall be granted. (Source: P.A. 86‑273; 87‑1265.)
(40 ILCS 5/2‑117.1)(from Ch. 108 1/2, par. 2‑117.1) Sec. 2‑117.1. Participants ‑ Election to continue participation. {"@context":"https://schema.org","@graph":[{"@type":"WebPage","@id":"https://statutes.laws.com/test/","url":"https://statutes.laws.com/test/","name":"State Codes and Statutes - Statutes","isPartOf":{"@id":"https://statutes.laws.com/#website"},"datePublished":"2015-03-10T03:31:37+00:00","dateModified":"2019-12-27T23:25:16+00:00","breadcrumb":{"@id":"https://statutes.laws.com/test/#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https://statutes.laws.com/test/"]}]},{"@type":"BreadcrumbList","@id":"https://statutes.laws.com/test/#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https://statutes.laws.com/"},{"@type":"ListItem","position":2,"name":"State Codes and Statutes"}]},{"@type":"WebSite","@id":"https://statutes.laws.com/#website","url":"https://statutes.laws.com/","name":"Statutes","description":"","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https://statutes.laws.com/?s={search_term_string}"},"query-input":"required name=search_term_string"}],"inLanguage":"en-US"}]}
(40 ILCS 5/2‑101)(from Ch. 108 1/2, par. 2‑101) Sec. 2‑101. Creation of system. A retirement system is created to provide retirement annuities, survivor's annuities and other benefits for members of the General Assembly, certain elected state officials and their beneficiaries. The system shall be known as the "General Assembly Retirement System". All its funds and property shall be a trust separate from all other entities, maintained for the purpose of securing payment of annuities and benefits under this Article. (Source: P.A. 83‑1440.)
(40 ILCS 5/2‑102)(from Ch. 108 1/2, par. 2‑102) Sec. 2‑102. Terms defined. The terms used in this Article shall have the meanings ascribed to them in Sections 2‑103 through 2‑116, except when the context otherwise requires. (Source: P.A. 83‑1440.)
(40 ILCS 5/2‑103)(from Ch. 108 1/2, par. 2‑103) Sec. 2‑103. System. "System": The General Assembly Retirement System. (Source: Laws 1963, p. 161.)
(40 ILCS 5/2‑104)(from Ch. 108 1/2, par. 2‑104) Sec. 2‑104. Board. "Board": The board of trustees of the system. (Source: Laws 1963, p. 161.)
(40 ILCS 5/2‑105)(from Ch. 108 1/2, par. 2‑105) Sec. 2‑105. Member. "Member": Members of the General Assembly of this State including persons who enter military service while a member of the General Assembly and any person serving as Governor, Lieutenant Governor, Secretary of State, Treasurer, Comptroller, or Attorney General for the period of service in such office. Any person who has served for 10 or more years as Clerk or Assistant Clerk of the House of Representatives, Secretary or Assistant Secretary of the Senate, or any combination thereof, may elect to become a member of this system while thenceforth engaged in such service by filing a written election with the board. Any person so electing shall be deemed an active member of the General Assembly for the purpose of validating and transferring any service credits earned under any of the funds and systems established under Articles 3 through 18 of this Code. (Source: P.A. 85‑1008.)
(40 ILCS 5/2‑106)(from Ch. 108 1/2, par. 2‑106) Sec. 2‑106. Eligible member. "Eligible member": Any member other than one who has elected not to participate. (Source: Laws 1963, p. 161.)
(40 ILCS 5/2‑107)(from Ch. 108 1/2, par. 2‑107) Sec. 2‑107. Participant. "Participant": Any member who elects to participate; and any former member who elects to continue participation under Section 2‑117.1, for the duration of such continued participation. (Source: P.A. 86‑1488.)
(40 ILCS 5/2‑108)(from Ch. 108 1/2, par. 2‑108) Sec. 2‑108. Salary. "Salary": (1) For members of the General Assembly, the total compensation paid to the member by the State for one year of service, including the additional amounts, if any, paid to the member as an officer pursuant to Section 1 of "An Act in relation to the compensation and emoluments of the members of the General Assembly", approved December 6, 1907, as now or hereafter amended. (2) For the State executive officers specified in Section 2‑105, the total compensation paid to the member for one year of service. (3) For members of the System who are participants under Section 2‑117.1, or who are serving as Clerk or Assistant Clerk of the House of Representatives or Secretary or Assistant Secretary of the Senate, the total compensation paid to the member for one year of service, but not to exceed the salary of the highest salaried officer of the General Assembly. However, in the event that federal law results in any participant receiving imputed income based on the value of group term life insurance provided by the State, such imputed income shall not be included in salary for the purposes of this Article. (Source: P.A. 86‑27; 86‑273; 86‑1028; 86‑1488.)
(40 ILCS 5/2‑108.1)(from Ch. 108 1/2, par. 2‑108.1) (Text of Section before amendment by P.A. 96‑889) Sec. 2‑108.1. Highest salary for annuity purposes. (a) "Highest salary for annuity purposes" means whichever of the following is applicable to the participant: For a participant who first becomes a participant of this
System before the effective date of this amendatory Act of the 96th General Assembly:
(1) For a participant who is a member of the General
Assembly on his or her last day of service: the highest salary that is prescribed by law, on the participant's last day of service, for a member of the General Assembly who is not an officer; plus, if the participant was elected or appointed to serve as an officer of the General Assembly for 2 or more years and has made contributions as required under subsection (d) of Section 2‑126, the highest additional amount of compensation prescribed by law, at the time of the participant's service as an officer, for members of the General Assembly who serve in that office.
(2) For a participant who holds one of the State
executive offices specified in Section 2‑105 on his or her last day of service: the highest salary prescribed by law for service in that office on the participant's last day of service.
(3) For a participant who is Clerk or Assistant
Clerk of the House of Representatives or Secretary or Assistant Secretary of the Senate on his or her last day of service: the salary received for service in that capacity on the last day of service, but not to exceed the highest salary (including additional compensation for service as an officer) that is prescribed by law on the participant's last day of service for the highest paid officer of the General Assembly.
(4) For a participant who is a continuing
participant under Section 2‑117.1 on his or her last day of service: the salary received for service in that capacity on the last day of service, but not to exceed the highest salary (including additional compensation for service as an officer) that is prescribed by law on the participant's last day of service for the highest paid officer of the General Assembly.
For a participant who first becomes a participant of this
System on or after the effective date of this amendatory Act of the 96th General Assembly, the average monthly salary obtained by dividing the total salary of the participant during the period of: (1) the 48 consecutive months of service within the last 120 months of service in which the total compensation was the highest, or (2) the total period of service, if less than 48 months, by the number of months of service in that period.
(b) The earnings limitations of subsection (a) apply to earnings under any other participating system under the Retirement Systems Reciprocal Act that are considered in calculating a proportional annuity under this Article, except in the case of a person who first became a member of this System before August 22, 1994. (c) In calculating the subsection (a) earnings limitation to be applied to earnings under any other participating system under the Retirement Systems Reciprocal Act for the purpose of calculating a proportional annuity under this Article, the participant's last day of service shall be deemed to mean the last day of service in any participating system from which the person has applied for a proportional annuity under the Retirement Systems Reciprocal Act. (Source: P.A. 96‑207, eff. 8‑10‑09.)
(Text of Section after amendment by P.A. 96‑889) Sec. 2‑108.1. Highest salary for annuity purposes. (a) "Highest salary for annuity purposes" means whichever of the following is applicable to the participant: For a participant who first becomes a participant of this
System before August 10, 2009 (the effective date of Public Act 96‑207):
(1) For a participant who is a member of the General
Assembly on his or her last day of service: the highest salary that is prescribed by law, on the participant's last day of service, for a member of the General Assembly who is not an officer; plus, if the participant was elected or appointed to serve as an officer of the General Assembly for 2 or more years and has made contributions as required under subsection (d) of Section 2‑126, the highest additional amount of compensation prescribed by law, at the time of the participant's service as an officer, for members of the General Assembly who serve in that office.
(2) For a participant who holds one of the State
executive offices specified in Section 2‑105 on his or her last day of service: the highest salary prescribed by law for service in that office on the participant's last day of service.
(3) For a participant who is Clerk or Assistant
Clerk of the House of Representatives or Secretary or Assistant Secretary of the Senate on his or her last day of service: the salary received for service in that capacity on the last day of service, but not to exceed the highest salary (including additional compensation for service as an officer) that is prescribed by law on the participant's last day of service for the highest paid officer of the General Assembly.
(4) For a participant who is a continuing
participant under Section 2‑117.1 on his or her last day of service: the salary received for service in that capacity on the last day of service, but not to exceed the highest salary (including additional compensation for service as an officer) that is prescribed by law on the participant's last day of service for the highest paid officer of the General Assembly.
For a participant who first becomes a participant of this
System on or after August 10, 2009 (the effective date of Public Act 96‑207) and before the effective date of this amendatory Act of the 96th General Assembly, the average monthly salary obtained by dividing the total salary of the participant during the period of: (1) the 48 consecutive months of service within the last 120 months of service in which the total compensation was the highest, or (2) the total period of service, if less than 48 months, by the number of months of service in that period.
For a participant who first becomes a participant of this System on or after the effective date of this amendatory Act of the 96th General Assembly, the average monthly salary obtained by dividing the total salary of the participant during the 96 consecutive months of service within the last 120 months of service in which the total compensation was the highest by the number of months of service in that period; however, the highest salary for annuity purposes may not exceed the Social Security Covered Wage Base for 2010, and shall automatically be increased or decreased, as applicable, by a percentage equal to the percentage change in the consumer price index‑u during the preceding 12‑month calendar year. "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. The new amount resulting from each annual adjustment shall be determined by the Public Pension Division of the Department of Insurance and made available to the Board. (b) The earnings limitations of subsection (a) apply to earnings under any other participating system under the Retirement Systems Reciprocal Act that are considered in calculating a proportional annuity under this Article, except in the case of a person who first became a member of this System before August 22, 1994. (c) In calculating the subsection (a) earnings limitation to be applied to earnings under any other participating system under the Retirement Systems Reciprocal Act for the purpose of calculating a proportional annuity under this Article, the participant's last day of service shall be deemed to mean the last day of service in any participating system from which the person has applied for a proportional annuity under the Retirement Systems Reciprocal Act. (Source: P.A. 96‑207, eff. 8‑10‑09; 96‑889, eff. 1‑1‑11.)
(40 ILCS 5/2‑109)(from Ch. 108 1/2, par. 2‑109) Sec. 2‑109. Military service. "Military service": Service in the United States Army, Navy, Air Force, Marines or Coast Guard or any women's auxiliary thereof. (Source: P.A. 87‑794.)
(40 ILCS 5/2‑110)(from Ch. 108 1/2, par. 2‑110) Sec. 2‑110. Service. (A) "Service" means the period beginning on the day when a person first became a member, and ending on the date under consideration, excluding all intervening periods of nonmembership following resignation or expiration of any term of office. (B) "Service" includes: (a) Military service during war by a person who
entered such service while a member, whether rendered before or after the expiration of any term of office; plus up to 2 years of military service that need not have immediately followed service as a member, and need not have been served during wartime, provided that the member makes contributions to the System for such service (1) at the rates provided in Section 2‑126 based upon the member's rate of compensation on the last date as a participant prior to such military service, or on the first date as a participant after such military service, whichever is greater, plus (2) if payment is made on or after May 1, 1993, an amount determined by the Board to be equal to the employer's normal cost of the benefits accrued for such military service, plus (3) interest at the effective rate from the date of first membership in the System to the date of payment.
The amendment to this subdivision (B)(a) made by
this amendatory Act of 1993 shall apply to persons who are active contributors to the System on or after November 30, 1992. A person who was an active contributor to the System on November 30, 1992 but is no longer an active contributor may apply to purchase military credit under this subdivision (B)(a) within 60 days after the effective date of this amendatory Act of 1993; if the person is an annuitant, the resulting increase in annuity shall begin to accrue on the first day of the month following the month in which the required payment is received by the System. The change in the required contribution for purchased military credit made by this amendatory Act of 1993 shall not entitle any person to a refund of contributions already paid.
(b) Service as a judge of a court of this State,
but credit for such service is subject to the following conditions: (1) such person shall have been a member for at least 4 years and contributed to the system for service as a judge subsequent to July 8, 1947, at the rates herein provided, including interest at 2% per annum to the date of payment based on the salary in effect during such service; (2) the member was not an eligible member of nor entitled to credit for such service in any other retirement system in the State maintained in whole or in part by public contributions; and (3) the last 4 years of service prior to retirement on annuity was rendered while a member.
(c) Service as a participating employee under
Articles 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 or 18 of the Illinois Pension Code. Credit for such service may be established by a member and, if permitted by the credit transfer Section of the appropriate Article, by a former member who is not yet an annuitant, and is subject to the following conditions: (1) that the credits accrued under the above mentioned Articles have been transferred to this system; and (2) that the member has contributed to this system an amount equal to (i) the contribution rate in effect for participants at the date of membership in this system multiplied by the salary then in effect for members of the General Assembly for each year of service for which credit is being transferred, plus (ii) the State's share of the normal cost of benefits under this system expressed as a percent of payroll, as determined by the system's actuary as of the date of the participant's membership in this system, multiplied by the salary then in effect for members of the General Assembly, for each year of service for which credit is being transferred, plus (iii) interest on items (i) and (ii) above at 6% per annum compounded annually, from the date of membership to the date of payment by the participant, less (iv) the amount transferred to this system on behalf of the participant on account of service rendered while a participant under the above mentioned Articles.
(d) Service, before October 1, 1975, as an officer
elected by the people of Illinois, for which creditable service is required to be transferred from the State Employees' Retirement System to this system by this amendatory Act of 1975.
(e) Service rendered prior to January 1, 1964, as a
justice of the peace or police magistrate or as a civil referee in the Municipal Court of Chicago, but credit for such service may not be granted until the member has paid to the system an amount equal to (1) the contribution rate for participants at the date of membership in this system multiplied by the salary then in effect for members of the General Assembly for each year of service for which credit is being transferred, plus (2) the State's share of the normal cost of benefits under this system expressed as a percent of payroll, as determined by the system's actuary as of the date of the participant's membership in this system, multiplied by the salary then in effect for members of the General Assembly, for each year of service for which credit is allowed, plus, (3) interest on (1) and (2) above at 6% per annum compounded annually from the date of membership to the date of payment by the member. However, a participant may not receive more than 6 years of credit for such service nor may any member receive credit under this paragraph for service for which credit has been granted in any other public pension fund or retirement system in the State.
(f) Service before January 16, 1981, as an officer
elected by the people of Illinois, for which creditable service is transferred from the State Employees' Retirement System to this system.
(C) Service during any fraction of a month shall be considered as a month of service. Service includes the total period of time for which a participant is elected as a member or officer, even though he or she does not complete the term because of death, resignation, judicial decision, or operation of law, provided that the contributions required under this Article for such entire period of office have been made by or on behalf of the participant. In the case of a participant appointed or elected to fill a vacancy, service includes the total period from January 1 of the year in which his or her service commences to the end of the term in which the vacancy occurs, provided the participant contributes in the year of appointment an amount equal to the contributions that would have been required had the participant received salary for the entire year. The foregoing provisions relating to a participant appointed or elected to fill a vacancy shall not apply if the participant was a member of the other legislative chamber at the time of appointment or election. (D) Notwithstanding the other provisions of this Section, if application to transfer or establish service credit under paragraph (c) or (e) of subsection (B) of this Section is made between January 1, 1992 and February 1, 1993, the contribution required for such credit shall be an amount equal to (1) the contribution rate in effect for participants at the date of membership in this system multiplied by the salary then in effect for members of the General Assembly for each year of service for which credit is being granted, plus (2) interest thereon at 6% per annum compounded annually, from the date of membership to the date of payment by the member, less (3) any amount transferred to this system on behalf of the member on account of such service credit. (Source: P.A. 86‑27; 86‑1028; 87‑794; 87‑1265.)
(40 ILCS 5/2‑110.1)(from Ch. 108 1/2, par. 2‑110.1) Sec. 2‑110.1. Service credit for elected county, township or municipal official. An active participant having no creditable service as a participating employee under Article 7 of this Code may establish service credit in this system for periods during which the participant held an elective office in a county, township or municipality, (including the full term for which elected if he or she resigned such office to enter the armed forces of the United States), provided the member cannot establish service credit under Article 7 for such periods because the county, township or municipality did not and does not subscribe to coverage for that office under that Article. Credit for such service may be established in this system by the participant paying to this system an amount equal to (1) the contribution rate in effect for participants at the date of membership in this system multiplied by the salary then in effect for the members of the General Assembly for each year of service for which credit is allowed, plus (2) the State's share of the normal cost of benefits under this system expressed as a percent of payroll, as determined by the system's actuary as of the date of the participant's membership in this system multiplied by the salary then in effect for members of the General Assembly, for each year of service for which credit is allowed, plus (3) interest on (1) and (2) above at 4% per annum compounded annually from the date of membership to the date of payment by the participant. However, if application for such credit is made between January 1, 1992 and April 1, 1992, the applicant need not pay the amount indicated in item (2) above, but only the sum of items (1) and (3). (Source: P.A. 87‑794.)
(40 ILCS 5/2‑110.2)(from Ch. 108 1/2, par. 2‑110.2) Sec. 2‑110.2. Age enhancement. Any member or former member who receives any age enhancement under Section 14‑108.3 of this Code shall be entitled to use such age enhancement under the Retirement Systems Reciprocal Act for the purpose of establishing eligibility for and calculating the amount of a retirement annuity payable under this Article, notwithstanding the provisions of subsection (b) of Section 14‑108.3. (Source: P.A. 87‑794.)
(40 ILCS 5/2‑111)(from Ch. 108 1/2, par. 2‑111) Sec. 2‑111. Annuity. "Annuity": A series of monthly payments payable at the end of each calendar month during the life of an annuitant. The first payment shall be prorated for a fraction of a month to the end of the first month. The last payment shall be made for the whole calendar month in which death occurs. (Source: P.A. 86‑273.)
(40 ILCS 5/2‑112)(from Ch. 108 1/2, par. 2‑112) Sec. 2‑112. Annuitant. "Annuitant": A person receiving a retirement annuity or survivor's annuity. (Source: P.A. 83‑1440.)
(40 ILCS 5/2‑113)(from Ch. 108 1/2, par. 2‑113) Sec. 2‑113. Refund beneficiary. "Refund beneficiary": The person entitled to receive refunds of a deceased participant's contributions. (Source: Laws 1963, p. 161.)
(40 ILCS 5/2‑114)(from Ch. 108 1/2, par. 2‑114) Sec. 2‑114. Actuarial tables. "Actuarial tables": Tabular listings of assumed rates of death, disability, retirement and withdrawal from service and mathematical functions derived from such rates combined with an assumed rate of interest based upon the experience of the system as adopted by the board upon recommendation of the actuary. (Source: Laws 1963, p. 161.)
(40 ILCS 5/2‑115)(from Ch. 108 1/2, par. 2‑115) Sec. 2‑115. Prescribed rate of interest. "Prescribed rate of interest": 3% per annum compounded annually, or such other rate determined from the actual experience of the system as may be prescribed by the board. (Source: Laws 1963, p. 161.)
(40 ILCS 5/2‑116)(from Ch. 108 1/2, par. 2‑116) Sec. 2‑116. Fiscal year. "Fiscal year": The period beginning on July 1 in any year and ending on June 30 of the next succeeding year. (Source: Laws 1963, p. 161.)
(40 ILCS 5/2‑117)(from Ch. 108 1/2, par. 2‑117) Sec. 2‑117. Participants ‑ Election not to participate. (a) Every person who was a member on November 1, 1947, or in military service on such date, is subject to the provisions of this system beginning upon such date, unless prior to such date he or she filed with the board a written notice of election not to participate. Every person who becomes a member after November 1, 1947, and who is then not a participant becomes a participant beginning upon the date of becoming a member unless, within 24 months from that date, he or she has filed with the board a written notice of election not to participate. (b) A member who has filed notice of an election not to participate (and a former member who has not yet begun to receive a retirement annuity under this Article) may become a participant with respect to the period for which the member elected not to participate upon filing with the board, before April 1, 1993, a written rescission of the election not to participate. Upon contributing an amount equal to the contributions he or she would have made as a participant from November 1, 1947, or the date of becoming a member, whichever is later, to the date of becoming a participant, with interest at the rate of 4% per annum until the contributions are paid, the participant shall receive credit for service as a member prior to the date of the rescission, both before and after November 1, 1947. The required contributions shall be made before commencement of the retirement annuity; otherwise no credit for service prior to the date of participation shall be granted. (Source: P.A. 86‑273; 87‑1265.)
(40 ILCS 5/2‑117.1)(from Ch. 108 1/2, par. 2‑117.1) Sec. 2‑117.1. Participants ‑ Election to continue participation.
