ARTICLE 8. MUNICIPAL EMPLOYEES', OFFICERS', AND OFFICIALS' ANNUITY AND
BENEFIT FUND‑‑CITIES OVER 500,000 INHABITANTS
(40 ILCS 5/8‑101)(from Ch. 108 1/2, par. 8‑101) Sec. 8‑101. Creation of fund. In each city of more than 500,000 inhabitants a Municipal Employees', Officers', and Officials' Annuity and Benefit Fund shall be created, set apart, maintained and administered, in the manner prescribed in this Article, for the benefit of the employees, officers and officials herein designated, and their beneficiaries. (Source: Laws 1963, p. 161.)
(40 ILCS 5/8‑102)(from Ch. 108 1/2, par. 8‑102) Sec. 8‑102. Terms defined. The terms used in this Article have the meanings ascribed to them in Sections 8‑‑103 to 8‑‑125, inclusive, except when the context otherwise requires. (Source: Laws 1963, p. 161.)
(40 ILCS 5/8‑103)(from Ch. 108 1/2, par. 8‑103) Sec. 8‑103. Fund. "Fund": The Municipal Employees', Officers', and Officials' Annuity and Benefit Fund herein created. (Source: Laws 1963, p. 161.)
(40 ILCS 5/8‑104)(from Ch. 108 1/2, par. 8‑104) Sec. 8‑104. The 1921 Act. "The 1921 Act": "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. (Source: Laws 1963, p. 161.)
(40 ILCS 5/8‑105)(from Ch. 108 1/2, par. 8‑105) Sec. 8‑105. Court and Law Department Employees' Annuity Act. "Court and Law Department Employees' Annuity Act": "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. (Source: Laws 1963, p. 161.)
(40 ILCS 5/8‑106)(from Ch. 108 1/2, par. 8‑106) Sec. 8‑106. Board of Election Commissioners Employees' Annuity Act. "Board of Election Commissioners Employees' Annuity Act": "An Act to provide for the creation, setting apart, maintenance and administration of a Board of Election Commissioners Employees' Annuity and Benefit Fund in cities having a population of more than two hundred thousand (200,000) inhabitants in which any Board of Election Commissioners is functioning in accordance with law", approved July 8, 1935, as amended. (Source: Laws 1963, p. 161.)
(40 ILCS 5/8‑107)(from Ch. 108 1/2, par. 8‑107) Sec. 8‑107. Public School Employees' Pension Act of 1903. "Public School Employees' Pension Act of 1903": "An Act to provide for the formation and disbursement of a public school employees' pension fund in cities having a population exceeding one hundred thousand inhabitants", approved May 15, 1903, as amended. (Source: Laws 1963, p. 161.)
(40 ILCS 5/8‑107.1)(from Ch. 108 1/2, par. 8‑107.1) Sec. 8‑107.1. Public Library Employes' Pension Act. "Public Library Employes' Pension Act": "An Act to provide for the formation and disbursement of a public library employes' pension fund in cities having a population exceeding 500,000 inhabitants," approved May 12, 1905, as amended, and as continued in, or superseded by the "Illinois Pension Code," approved March 18, 1963, under Article 19, Division 2, Secs. 19‑‑201 to 19‑‑220, both inclusive. (Source: Laws 1965, p. 2300.)
(40 ILCS 5/8‑107.2)(from Ch. 108 1/2, par. 8‑107.2) Sec. 8‑107.2. House of Correction Employees' Pension Act. "House of Correction Employees' Pension Act": "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, and as continued in, or superseded by the "Illinois Pension Code", approved March 18, 1963, under Article 19, Division 1, Secs. 19‑101 to 19‑119, both inclusive, as amended. (Source: P.A. 81‑1509.)
(40 ILCS 5/8‑108)(from Ch. 108 1/2, par. 8‑108) Sec. 8‑108. 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 5/8‑109)(from Ch. 108 1/2, par. 8‑109) Sec. 8‑109. 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. 81‑782.)
(40 ILCS 5/8‑109.1)(from Ch. 108 1/2, par. 8‑109.1) Sec. 8‑109.1. "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. 81‑782.)
(40 ILCS 5/8‑110)(from Ch. 108 1/2, par. 8‑110) Sec. 8‑110. Employer. "Employer": (1) a city of more than 500,000 inhabitants; (2) the Board of Education of the city, with respect to any of its employees who participate in this Fund; (3) the Chicago Housing Authority, with respect to any of its employees who participate in this Fund subject to the provisions of Section 8‑230.9; (4) the Public Building Commission of the city, with respect to any of its employees who participate in this Fund; and (5) the Retirement Board. (Source: P.A. 92‑599, eff. 6‑28‑02.)
(40 ILCS 5/8‑111)(from Ch. 108 1/2, par. 8‑111) Sec. 8‑111. Effective date. "Effective date": January 1, 1922, for any city covered by The 1921 Act on the date this Article comes in effect; and January 1 of the first year after the year in which any city hereafter comes under this Article. (Source: Laws 1963, p. 161.)
(40 ILCS 5/8‑112)(from Ch. 108 1/2, par. 8‑112) Sec. 8‑112. Retirement board or board. "Retirement board" or "board": The Retirement Board of the Municipal Employees', Officers', and Officials' Annuity and Benefit Fund created by this Article. (Source: Laws 1963, p. 161.)
(40 ILCS 5/8‑113)(from Ch. 108 1/2, par. 8‑113) Sec. 8‑113. Municipal employee, employee, contributor, or participant. "Municipal employee", "employee", "contributor", or "participant": (a) Any employee of an employer employed in the classified civil service thereof other than by temporary appointment or in a position excluded or exempt from the classified service by the Civil Service Act, or in the case of a city operating under a personnel ordinance, any employee of an employer employed in the classified or career service under the provisions of a personnel ordinance, other than in a provisional or exempt position as specified in such ordinance or in rules and regulations formulated thereunder. (b) Any employee in the service of an employer before the Civil Service Act came in effect for the employer. (c) Any person employed by the board. (d) Any person employed after December 31, 1949, but prior to January 1, 1984, in the service of the employer by temporary appointment or in a position exempt from the classified service as set forth in the Civil Service Act, or in a provisional or exempt position as specified in the personnel ordinance, who meets the following qualifications: (1) has rendered service during not less than 12
calendar months to an employer as an employee, officer, or official, 4 months of which must have been consecutive full normal working months of service rendered immediately prior to filing application to be included; and
(2) files written application with the board, while
in the service, to be included hereunder.
(e) After December 31, 1949, any alderman or other officer or official of the employer, who files, while in office, written application with the board to be included hereunder. (f) Beginning January 1, 1984, any person employed by an employer other than the Chicago Housing Authority or the Public Building Commission of the city, whether or not such person is serving by temporary appointment or in a position exempt from the classified service as set forth in the Civil Service Act, or in a provisional or exempt position as specified in the personnel ordinance, provided that such person is neither (1) an alderman or other officer or official of the employer, nor (2) participating, on the basis of such employment, in any other pension fund or retirement system established under this Act. (g) After December 31, 1959, any person employed in the law department of the city, or municipal court or Board of Election Commissioners of the city, who was a contributor and participant, on December 31, 1959, in the annuity and benefit fund in operation in the city on said date, by virtue of the Court and Law Department Employees' Annuity Act or the Board of Election Commissioners Employees' Annuity Act. After December 31, 1959, the foregoing definition includes any other person employed or to be employed in the law department, or municipal court (other than as a judge), or Board of Election Commissioners (if his salary is provided by appropriation of the city council of the city and his salary paid by the city) ‑‑ subject, however, in the case of such persons not participants on December 31, 1959, to compliance with the same qualifications and restrictions otherwise set forth in this Section and made generally applicable to employees or officers of the city concerning eligibility for participation or membership. (h) After December 31, 1965, any person employed in the public library of the city ‑‑ and any other person ‑‑ who was a contributor and participant, on December 31, 1965, in the pension fund in operation in the city on said date, by virtue of the Public Library Employees' Pension Act. (i) After December 31, 1968, any person employed in the house of correction of the city, who was a contributor and participant, on December 31, 1968, in the pension fund in operation in the city on said date, by virtue of the House of Correction Employees' Pension Act. (j) Any person employed full‑time on or after the effective date of this amendatory Act of the 92nd General Assembly by the Chicago Housing Authority who has elected to participate in this Fund as provided in subsection (a) of Section 8‑230.9. (k) Any person employed full‑time by the Public Building Commission of the city who has elected to participate in this Fund as provided in subsection (d) of Section 8‑230.7. (Source: P.A. 92‑599, eff. 6‑28‑02.)
(40 ILCS 5/8‑114)(from Ch. 108 1/2, par. 8‑114) Sec. 8‑114. Present employee. "Present employee": (a) Any employee of an employer, or the board, on the day before the effective date. (b) Any person who becomes an employee of the Board of Education on the day before the effective date and who on June 30, 1923, was a contributor to any municipal pension fund in operation in the city on that date under the Public School Employees' Pension Act of 1903. Any such employee shall be considered a municipal employee during the entire time he has been in the service of the employer. (c) Any person who becomes an employee of the municipal court or law department or Board of Election Commissioners on the day before the effective date, and who on December 31, 1959, was a participant in either of the funds in operation in the city on December 31, 1959, created under the Court and Law Department Employees' Annuity Act or the Board of Election Commissioners Employees' Annuity Act. Any such employee shall be considered a municipal employee during the entire time he has been in the service of the municipal court or law department or Board of Election Commissioners. (d) Any person who becomes a employee of the Public Library on the day before the effective date, and who on December 31, 1965 was a contributor and participant in the fund created under the Public Library Employes' Pension Act, in operation in the city on December 31, 1965. Any such employee shall be considered a municipal employee during the entire time he has been in the service of the Public Library. (Source: P.A. 91‑357, eff. 7‑29‑99.)
(40 ILCS 5/8‑115)(from Ch. 108 1/2, par. 8‑115) Sec. 8‑115. Future entrant. "Future entrant": (a) Any employee of an employer or of the board, employed for the first time on or after the effective date. (b) Any person who becomes an employee of the Board of Education for the first time on or after the effective date, and who was a contributor on June 30, 1923, to any municipal pension fund then in operation in the city under the Public School Employees' Pension Act of 1903. Any such employee shall be considered a municipal employee during the entire time he has been in the service of the Board of Education. (c) Any person who becomes an employee of a municipal court or law department or Board of Election Commissioners for the first time on or after the effective date, and who was a participant on December 31, 1959, in either of the funds in operation in the city on December 31, 1959, created under the Court and Law Department Employees' Annuity Act or the Board of Election Commissioners Employees' Annuity Act. Any such employee shall be considered a municipal employee during the entire time he has been in the service of the municipal court, law department, or Board of Election Commissioners. (d) Any person who becomes an employee of the Public Library or a participant and contributor to the Public Library Employees' Pension Fund for the first time on or after the effective date, and who was a contributor and participant on December 31, 1965 in such fund created under the Public Library Employees' Pension Act in operation in the city on December 31, 1965. Any such person shall be considered a municipal employee during the entire time he has been in the service of the Public Library or during the entire time for which he was covered, as an employee, in the fund created under the aforesaid Act. (e) Any person who becomes an employee of the house of correction or a participant and contributor to the House of Correction Employees' Pension Fund for the first time on or after the effective date, and who was a contributor and participant on December 31, 1968 in such fund created under the House of Correction Employees' Pension Act in operation in the City on December 31, 1968. Any such person shall be considered a municipal employee during the entire time he has been in the service of the House of Correction. (Source: P.A. 91‑357, eff. 7‑29‑99.)
(40 ILCS 5/8‑116)(from Ch. 108 1/2, par. 8‑116) Sec. 8‑116. Service, term of service, period of service, years of service. "Service", "term of service", "period of service", "years of service": Service as described in this Article, except that for any person who on December 31, 1959, was a participant in a fund created by the Court and Law Department Employees' Annuity Act or the Board of Election Commissioners Employees' Annuity Act, service shall include all periods prior to January 1, 1960, credited as service in such other fund, which service shall be credited on January 1, 1960, in the fund herein provided for‑‑on the basis, and for such total or fractional number of days, months, or years, to his credit on December 31, 1959, in such other fund under the provisions of the law governing the fund in which he was then a participant. In the case of any person who on December 31, 1965 was a participant and contributor in the fund created under the Public Library Employees' Pension Act, in operation in the city on December 31, 1965, service prior to January 1, 1966 shall be credited and shall include all periods prior to January 1, 1966, credited as service in such fund, which service shall be credited on January 1, 1966 in the fund herein provided for‑‑on the basis, and for such total or fractional number of days, months, or years, to his credit on December 31, 1965 in such other fund under the provisions of the law governing such said fund in which he was then a participant. Service rendered thereafter shall be credited as service on the basis as described in this Article. In the case of any person who on December 31, 1968 was a participant and contributor in the fund created under the House of Correction Employees' Pension Act, in operation in the city on December 31, 1968, service prior to January 1, 1969 shall be credited and shall include all periods prior to January 1, 1969, credited as service in such fund, which service shall be credited on January 1, 1969 in the fund herein provided for‑‑on the basis, and for such total or fractional number of days, months, or years, to his credit on December 31, 1968 in such other fund under the provisions of the law governing such fund in which he was then a participant. Service rendered thereafter shall be credited as service on the basis as described in this Article. (Source: Laws 1968, p. 181.)
(40 ILCS 5/8‑117)(from Ch. 108 1/2, par. 8‑117) Sec. 8‑117. Salary. "Salary": Annual salary of an employee as follows: (a) Beginning on the effective date and prior to July 1, 1947, $3,000; and beginning on July 1, 1947 and prior to July 1, 1953, $4,800; and beginning on July 1, 1953 and prior to July 1, 1957, $6,000 shall be the maximum amount of annual salary of any employee which shall be considered for any purpose hereunder. (b) If appropriated, fixed or arranged on an annual basis, beginning July 1, 1957, 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. (c) If appropriated, fixed or arranged on other than an annual basis, beginning July 1, 1957, the applicable schedules specified in Sections 8‑233 and 8‑235 shall be used for conversion of the salary to an annual basis. (d) Beginning July 13, 1941, 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 without charge by the city shall be considered to be $120 a year more than the amount payable as his salary for the year, for each such daily meal, not exceeding three per day. (e) Beginning September 19, 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 8‑174.1. (Source: P.A. 91‑357, eff. 7‑29‑99.)
(40 ILCS 5/8‑118)(from Ch. 108 1/2, par. 8‑118) Sec. 8‑118. Actual compensation. "Actual compensation": Beginning July 3, 1935, and prior to July 1, 1947, the actual sum without limitation and beginning July 1, 1947 and prior to July 1, 1953, the actual sum not in excess of $4,800; and beginning July 1, 1953 the actual sum not in excess of $6,000 a year, appropriated by the employer or paid by the board as salary or wages, for service in any position held by an employee. (Source: Laws 1963, p. 161.)
(40 ILCS 5/8‑119)(from Ch. 108 1/2, par. 8‑119) Sec. 8‑119. 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 5/8‑120)(from Ch. 108 1/2, par. 8‑120) Sec. 8‑120. Child or children. "Child" or "children": The natural child or children, or any child or children legally adopted by an employee. (Source: P.A. 95‑279, eff. 1‑1‑08.)
(40 ILCS 5/8‑121)(from Ch. 108 1/2, par. 8‑121) Sec. 8‑121. Withdrawal from service or withdrawal. "Withdrawal from service" or "withdrawal": Discharge or resignation of an employee. For the purpose of improving sums to the credit of municipal employees for annuity purposes at the 3%, 3 1/2% or 4% per annum interest rate herein provided, re‑entrance into service within 12 months after withdrawal from service by persons who have not received a refund under this Article shall be considered continuation in service; and 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 5/8‑122)(from Ch. 108 1/2, par. 8‑122) Sec. 8‑122. 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 5/8‑123)(from Ch. 108 1/2, par. 8‑123) Sec. 8‑123. Municipal pension fund. "Municipal pension fund": Any pension fund created and operated under "An Act to provide for the formation and disbursements of a pension fund in cities, villages and incorporated towns having a population exceeding 100,000 inhabitants for municipal employees appointed to their positions, under and by virtue of an Act entitled, 'An Act to regulate the civil service of cities', approved and in force March 20, 1895, and for those who are appointed prior to the passage of said Act and who are now in the service of such city, village or town", approved May 31, 1911, as amended, or under "An Act to provide for the formation and disbursement of a public school employees' pension fund in cities having a population exceeding one hundred thousand inhabitants", approved May 15, 1903, as amended. (Source: Laws 1963, p. 161.)
(40 ILCS 5/8‑124)(from Ch. 108 1/2, par. 8‑124) Sec. 8‑124. 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 5/8‑125)(from Ch. 108 1/2, par. 8‑125) Sec. 8‑125. Annuity. "Annuity": Equal monthly payments for life, unless otherwise specified. 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, and the last payment shall be due and payable as of the date of the annuitant's death and shall be prorated from the date of the last preceding payment to the date of death for deaths that occur on or before March 31, 2000. All payments made on or after April 1, 2000 shall be made on the first day of the calendar month and the last payment shall be ma
ARTICLE 8. MUNICIPAL EMPLOYEES', OFFICERS', AND OFFICIALS' ANNUITY AND
BENEFIT FUND‑‑CITIES OVER 500,000 INHABITANTS
(40 ILCS 5/8‑101)(from Ch. 108 1/2, par. 8‑101) Sec. 8‑101. Creation of fund. In each city of more than 500,000 inhabitants a Municipal Employees', Officers', and Officials' Annuity and Benefit Fund shall be created, set apart, maintained and administered, in the manner prescribed in this Article, for the benefit of the employees, officers and officials herein designated, and their beneficiaries. (Source: Laws 1963, p. 161.)
(40 ILCS 5/8‑102)(from Ch. 108 1/2, par. 8‑102) Sec. 8‑102. Terms defined. The terms used in this Article have the meanings ascribed to them in Sections 8‑‑103 to 8‑‑125, inclusive, except when the context otherwise requires. (Source: Laws 1963, p. 161.)
(40 ILCS 5/8‑103)(from Ch. 108 1/2, par. 8‑103) Sec. 8‑103. Fund. "Fund": The Municipal Employees', Officers', and Officials' Annuity and Benefit Fund herein created. (Source: Laws 1963, p. 161.)
(40 ILCS 5/8‑104)(from Ch. 108 1/2, par. 8‑104) Sec. 8‑104. The 1921 Act. "The 1921 Act": "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. (Source: Laws 1963, p. 161.)
(40 ILCS 5/8‑105)(from Ch. 108 1/2, par. 8‑105) Sec. 8‑105. Court and Law Department Employees' Annuity Act. "Court and Law Department Employees' Annuity Act": "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. (Source: Laws 1963, p. 161.)
(40 ILCS 5/8‑106)(from Ch. 108 1/2, par. 8‑106) Sec. 8‑106. Board of Election Commissioners Employees' Annuity Act. "Board of Election Commissioners Employees' Annuity Act": "An Act to provide for the creation, setting apart, maintenance and administration of a Board of Election Commissioners Employees' Annuity and Benefit Fund in cities having a population of more than two hundred thousand (200,000) inhabitants in which any Board of Election Commissioners is functioning in accordance with law", approved July 8, 1935, as amended. (Source: Laws 1963, p. 161.)
(40 ILCS 5/8‑107)(from Ch. 108 1/2, par. 8‑107) Sec. 8‑107. Public School Employees' Pension Act of 1903. "Public School Employees' Pension Act of 1903": "An Act to provide for the formation and disbursement of a public school employees' pension fund in cities having a population exceeding one hundred thousand inhabitants", approved May 15, 1903, as amended. (Source: Laws 1963, p. 161.)
(40 ILCS 5/8‑107.1)(from Ch. 108 1/2, par. 8‑107.1) Sec. 8‑107.1. Public Library Employes' Pension Act. "Public Library Employes' Pension Act": "An Act to provide for the formation and disbursement of a public library employes' pension fund in cities having a population exceeding 500,000 inhabitants," approved May 12, 1905, as amended, and as continued in, or superseded by the "Illinois Pension Code," approved March 18, 1963, under Article 19, Division 2, Secs. 19‑‑201 to 19‑‑220, both inclusive. (Source: Laws 1965, p. 2300.)
(40 ILCS 5/8‑107.2)(from Ch. 108 1/2, par. 8‑107.2) Sec. 8‑107.2. House of Correction Employees' Pension Act. "House of Correction Employees' Pension Act": "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, and as continued in, or superseded by the "Illinois Pension Code", approved March 18, 1963, under Article 19, Division 1, Secs. 19‑101 to 19‑119, both inclusive, as amended. (Source: P.A. 81‑1509.)
(40 ILCS 5/8‑108)(from Ch. 108 1/2, par. 8‑108) Sec. 8‑108. 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 5/8‑109)(from Ch. 108 1/2, par. 8‑109) Sec. 8‑109. 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. 81‑782.)
(40 ILCS 5/8‑109.1)(from Ch. 108 1/2, par. 8‑109.1) Sec. 8‑109.1. "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. 81‑782.)
(40 ILCS 5/8‑110)(from Ch. 108 1/2, par. 8‑110) Sec. 8‑110. Employer. "Employer": (1) a city of more than 500,000 inhabitants; (2) the Board of Education of the city, with respect to any of its employees who participate in this Fund; (3) the Chicago Housing Authority, with respect to any of its employees who participate in this Fund subject to the provisions of Section 8‑230.9; (4) the Public Building Commission of the city, with respect to any of its employees who participate in this Fund; and (5) the Retirement Board. (Source: P.A. 92‑599, eff. 6‑28‑02.)
(40 ILCS 5/8‑111)(from Ch. 108 1/2, par. 8‑111) Sec. 8‑111. Effective date. "Effective date": January 1, 1922, for any city covered by The 1921 Act on the date this Article comes in effect; and January 1 of the first year after the year in which any city hereafter comes under this Article. (Source: Laws 1963, p. 161.)
(40 ILCS 5/8‑112)(from Ch. 108 1/2, par. 8‑112) Sec. 8‑112. Retirement board or board. "Retirement board" or "board": The Retirement Board of the Municipal Employees', Officers', and Officials' Annuity and Benefit Fund created by this Article. (Source: Laws 1963, p. 161.)
(40 ILCS 5/8‑113)(from Ch. 108 1/2, par. 8‑113) Sec. 8‑113. Municipal employee, employee, contributor, or participant. "Municipal employee", "employee", "contributor", or "participant": (a) Any employee of an employer employed in the classified civil service thereof other than by temporary appointment or in a position excluded or exempt from the classified service by the Civil Service Act, or in the case of a city operating under a personnel ordinance, any employee of an employer employed in the classified or career service under the provisions of a personnel ordinance, other than in a provisional or exempt position as specified in such ordinance or in rules and regulations formulated thereunder. (b) Any employee in the service of an employer before the Civil Service Act came in effect for the employer. (c) Any person employed by the board. (d) Any person employed after December 31, 1949, but prior to January 1, 1984, in the service of the employer by temporary appointment or in a position exempt from the classified service as set forth in the Civil Service Act, or in a provisional or exempt position as specified in the personnel ordinance, who meets the following qualifications: (1) has rendered service during not less than 12
calendar months to an employer as an employee, officer, or official, 4 months of which must have been consecutive full normal working months of service rendered immediately prior to filing application to be included; and
(2) files written application with the board, while
in the service, to be included hereunder.
(e) After December 31, 1949, any alderman or other officer or official of the employer, who files, while in office, written application with the board to be included hereunder. (f) Beginning January 1, 1984, any person employed by an employer other than the Chicago Housing Authority or the Public Building Commission of the city, whether or not such person is serving by temporary appointment or in a position exempt from the classified service as set forth in the Civil Service Act, or in a provisional or exempt position as specified in the personnel ordinance, provided that such person is neither (1) an alderman or other officer or official of the employer, nor (2) participating, on the basis of such employment, in any other pension fund or retirement system established under this Act. (g) After December 31, 1959, any person employed in the law department of the city, or municipal court or Board of Election Commissioners of the city, who was a contributor and participant, on December 31, 1959, in the annuity and benefit fund in operation in the city on said date, by virtue of the Court and Law Department Employees' Annuity Act or the Board of Election Commissioners Employees' Annuity Act. After December 31, 1959, the foregoing definition includes any other person employed or to be employed in the law department, or municipal court (other than as a judge), or Board of Election Commissioners (if his salary is provided by appropriation of the city council of the city and his salary paid by the city) ‑‑ subject, however, in the case of such persons not participants on December 31, 1959, to compliance with the same qualifications and restrictions otherwise set forth in this Section and made generally applicable to employees or officers of the city concerning eligibility for participation or membership. (h) After December 31, 1965, any person employed in the public library of the city ‑‑ and any other person ‑‑ who was a contributor and participant, on December 31, 1965, in the pension fund in operation in the city on said date, by virtue of the Public Library Employees' Pension Act. (i) After December 31, 1968, any person employed in the house of correction of the city, who was a contributor and participant, on December 31, 1968, in the pension fund in operation in the city on said date, by virtue of the House of Correction Employees' Pension Act. (j) Any person employed full‑time on or after the effective date of this amendatory Act of the 92nd General Assembly by the Chicago Housing Authority who has elected to participate in this Fund as provided in subsection (a) of Section 8‑230.9. (k) Any person employed full‑time by the Public Building Commission of the city who has elected to participate in this Fund as provided in subsection (d) of Section 8‑230.7. (Source: P.A. 92‑599, eff. 6‑28‑02.)
(40 ILCS 5/8‑114)(from Ch. 108 1/2, par. 8‑114) Sec. 8‑114. Present employee. "Present employee": (a) Any employee of an employer, or the board, on the day before the effective date. (b) Any person who becomes an employee of the Board of Education on the day before the effective date and who on June 30, 1923, was a contributor to any municipal pension fund in operation in the city on that date under the Public School Employees' Pension Act of 1903. Any such employee shall be considered a municipal employee during the entire time he has been in the service of the employer. (c) Any person who becomes an employee of the municipal court or law department or Board of Election Commissioners on the day before the effective date, and who on December 31, 1959, was a participant in either of the funds in operation in the city on December 31, 1959, created under the Court and Law Department Employees' Annuity Act or the Board of Election Commissioners Employees' Annuity Act. Any such employee shall be considered a municipal employee during the entire time he has been in the service of the municipal court or law department or Board of Election Commissioners. (d) Any person who becomes a employee of the Public Library on the day before the effective date, and who on December 31, 1965 was a contributor and participant in the fund created under the Public Library Employes' Pension Act, in operation in the city on December 31, 1965. Any such employee shall be considered a municipal employee during the entire time he has been in the service of the Public Library. (Source: P.A. 91‑357, eff. 7‑29‑99.)
(40 ILCS 5/8‑115)(from Ch. 108 1/2, par. 8‑115) Sec. 8‑115. Future entrant. "Future entrant": (a) Any employee of an employer or of the board, employed for the first time on or after the effective date. (b) Any person who becomes an employee of the Board of Education for the first time on or after the effective date, and who was a contributor on June 30, 1923, to any municipal pension fund then in operation in the city under the Public School Employees' Pension Act of 1903. Any such employee shall be considered a municipal employee during the entire time he has been in the service of the Board of Education. (c) Any person who becomes an employee of a municipal court or law department or Board of Election Commissioners for the first time on or after the effective date, and who was a participant on December 31, 1959, in either of the funds in operation in the city on December 31, 1959, created under the Court and Law Department Employees' Annuity Act or the Board of Election Commissioners Employees' Annuity Act. Any such employee shall be considered a municipal employee during the entire time he has been in the service of the municipal court, law department, or Board of Election Commissioners. (d) Any person who becomes an employee of the Public Library or a participant and contributor to the Public Library Employees' Pension Fund for the first time on or after the effective date, and who was a contributor and participant on December 31, 1965 in such fund created under the Public Library Employees' Pension Act in operation in the city on December 31, 1965. Any such person shall be considered a municipal employee during the entire time he has been in the service of the Public Library or during the entire time for which he was covered, as an employee, in the fund created under the aforesaid Act. (e) Any person who becomes an employee of the house of correction or a participant and contributor to the House of Correction Employees' Pension Fund for the first time on or after the effective date, and who was a contributor and participant on December 31, 1968 in such fund created under the House of Correction Employees' Pension Act in operation in the City on December 31, 1968. Any such person shall be considered a municipal employee during the entire time he has been in the service of the House of Correction. (Source: P.A. 91‑357, eff. 7‑29‑99.)
(40 ILCS 5/8‑116)(from Ch. 108 1/2, par. 8‑116) Sec. 8‑116. Service, term of service, period of service, years of service. "Service", "term of service", "period of service", "years of service": Service as described in this Article, except that for any person who on December 31, 1959, was a participant in a fund created by the Court and Law Department Employees' Annuity Act or the Board of Election Commissioners Employees' Annuity Act, service shall include all periods prior to January 1, 1960, credited as service in such other fund, which service shall be credited on January 1, 1960, in the fund herein provided for‑‑on the basis, and for such total or fractional number of days, months, or years, to his credit on December 31, 1959, in such other fund under the provisions of the law governing the fund in which he was then a participant. In the case of any person who on December 31, 1965 was a participant and contributor in the fund created under the Public Library Employees' Pension Act, in operation in the city on December 31, 1965, service prior to January 1, 1966 shall be credited and shall include all periods prior to January 1, 1966, credited as service in such fund, which service shall be credited on January 1, 1966 in the fund herein provided for‑‑on the basis, and for such total or fractional number of days, months, or years, to his credit on December 31, 1965 in such other fund under the provisions of the law governing such said fund in which he was then a participant. Service rendered thereafter shall be credited as service on the basis as described in this Article. In the case of any person who on December 31, 1968 was a participant and contributor in the fund created under the House of Correction Employees' Pension Act, in operation in the city on December 31, 1968, service prior to January 1, 1969 shall be credited and shall include all periods prior to January 1, 1969, credited as service in such fund, which service shall be credited on January 1, 1969 in the fund herein provided for‑‑on the basis, and for such total or fractional number of days, months, or years, to his credit on December 31, 1968 in such other fund under the provisions of the law governing such fund in which he was then a participant. Service rendered thereafter shall be credited as service on the basis as described in this Article. (Source: Laws 1968, p. 181.)
(40 ILCS 5/8‑117)(from Ch. 108 1/2, par. 8‑117) Sec. 8‑117. Salary. "Salary": Annual salary of an employee as follows: (a) Beginning on the effective date and prior to July 1, 1947, $3,000; and beginning on July 1, 1947 and prior to July 1, 1953, $4,800; and beginning on July 1, 1953 and prior to July 1, 1957, $6,000 shall be the maximum amount of annual salary of any employee which shall be considered for any purpose hereunder. (b) If appropriated, fixed or arranged on an annual basis, beginning July 1, 1957, 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. (c) If appropriated, fixed or arranged on other than an annual basis, beginning July 1, 1957, the applicable schedules specified in Sections 8‑233 and 8‑235 shall be used for conversion of the salary to an annual basis. (d) Beginning July 13, 1941, 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 without charge by the city shall be considered to be $120 a year more than the amount payable as his salary for the year, for each such daily meal, not exceeding three per day. (e) Beginning September 19, 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 8‑174.1. (Source: P.A. 91‑357, eff. 7‑29‑99.)
(40 ILCS 5/8‑118)(from Ch. 108 1/2, par. 8‑118) Sec. 8‑118. Actual compensation. "Actual compensation": Beginning July 3, 1935, and prior to July 1, 1947, the actual sum without limitation and beginning July 1, 1947 and prior to July 1, 1953, the actual sum not in excess of $4,800; and beginning July 1, 1953 the actual sum not in excess of $6,000 a year, appropriated by the employer or paid by the board as salary or wages, for service in any position held by an employee. (Source: Laws 1963, p. 161.)
(40 ILCS 5/8‑119)(from Ch. 108 1/2, par. 8‑119) Sec. 8‑119. 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 5/8‑120)(from Ch. 108 1/2, par. 8‑120) Sec. 8‑120. Child or children. "Child" or "children": The natural child or children, or any child or children legally adopted by an employee. (Source: P.A. 95‑279, eff. 1‑1‑08.)
(40 ILCS 5/8‑121)(from Ch. 108 1/2, par. 8‑121) Sec. 8‑121. Withdrawal from service or withdrawal. "Withdrawal from service" or "withdrawal": Discharge or resignation of an employee. For the purpose of improving sums to the credit of municipal employees for annuity purposes at the 3%, 3 1/2% or 4% per annum interest rate herein provided, re‑entrance into service within 12 months after withdrawal from service by persons who have not received a refund under this Article shall be considered continuation in service; and 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 5/8‑122)(from Ch. 108 1/2, par. 8‑122) Sec. 8‑122. 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 5/8‑123)(from Ch. 108 1/2, par. 8‑123) Sec. 8‑123. Municipal pension fund. "Municipal pension fund": Any pension fund created and operated under "An Act to provide for the formation and disbursements of a pension fund in cities, villages and incorporated towns having a population exceeding 100,000 inhabitants for municipal employees appointed to their positions, under and by virtue of an Act entitled, 'An Act to regulate the civil service of cities', approved and in force March 20, 1895, and for those who are appointed prior to the passage of said Act and who are now in the service of such city, village or town", approved May 31, 1911, as amended, or under "An Act to provide for the formation and disbursement of a public school employees' pension fund in cities having a population exceeding one hundred thousand inhabitants", approved May 15, 1903, as amended. (Source: Laws 1963, p. 161.)
(40 ILCS 5/8‑124)(from Ch. 108 1/2, par. 8‑124) Sec. 8‑124. 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 5/8‑125)(from Ch. 108 1/2, par. 8‑125) Sec. 8‑125. Annuity. "Annuity": Equal monthly payments for life, unless otherwise specified. 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, and the last payment shall be due and payable as of the date of the annuitant's death and shall be prorated from the date of the last preceding payment to the date of death for deaths that occur on or before March 31, 2000. All payments made on or after April 1, 2000 shall be made on the first day of the calendar month and the last payment shall be ma
ARTICLE 8. MUNICIPAL EMPLOYEES', OFFICERS', AND OFFICIALS' ANNUITY AND
BENEFIT FUND‑‑CITIES OVER 500,000 INHABITANTS
(40 ILCS 5/8‑101)(from Ch. 108 1/2, par. 8‑101) Sec. 8‑101. Creation of fund. In each city of more than 500,000 inhabitants a Municipal Employees', Officers', and Officials' Annuity and Benefit Fund shall be created, set apart, maintained and administered, in the manner prescribed in this Article, for the benefit of the employees, officers and officials herein designated, and their beneficiaries. (Source: Laws 1963, p. 161.)
(40 ILCS 5/8‑102)(from Ch. 108 1/2, par. 8‑102) Sec. 8‑102. Terms defined. The terms used in this Article have the meanings ascribed to them in Sections 8‑‑103 to 8‑‑125, inclusive, except when the context otherwise requires. (Source: Laws 1963, p. 161.)
(40 ILCS 5/8‑103)(from Ch. 108 1/2, par. 8‑103) Sec. 8‑103. Fund. "Fund": The Municipal Employees', Officers', and Officials' Annuity and Benefit Fund herein created. (Source: Laws 1963, p. 161.)
(40 ILCS 5/8‑104)(from Ch. 108 1/2, par. 8‑104) Sec. 8‑104. The 1921 Act. "The 1921 Act": "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. (Source: Laws 1963, p. 161.)
(40 ILCS 5/8‑105)(from Ch. 108 1/2, par. 8‑105) Sec. 8‑105. Court and Law Department Employees' Annuity Act. "Court and Law Department Employees' Annuity Act": "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. (Source: Laws 1963, p. 161.)
(40 ILCS 5/8‑106)(from Ch. 108 1/2, par. 8‑106) Sec. 8‑106. Board of Election Commissioners Employees' Annuity Act. "Board of Election Commissioners Employees' Annuity Act": "An Act to provide for the creation, setting apart, maintenance and administration of a Board of Election Commissioners Employees' Annuity and Benefit Fund in cities having a population of more than two hundred thousand (200,000) inhabitants in which any Board of Election Commissioners is functioning in accordance with law", approved July 8, 1935, as amended. (Source: Laws 1963, p. 161.)
(40 ILCS 5/8‑107)(from Ch. 108 1/2, par. 8‑107) Sec. 8‑107. Public School Employees' Pension Act of 1903. "Public School Employees' Pension Act of 1903": "An Act to provide for the formation and disbursement of a public school employees' pension fund in cities having a population exceeding one hundred thousand inhabitants", approved May 15, 1903, as amended. (Source: Laws 1963, p. 161.)
(40 ILCS 5/8‑107.1)(from Ch. 108 1/2, par. 8‑107.1) Sec. 8‑107.1. Public Library Employes' Pension Act. "Public Library Employes' Pension Act": "An Act to provide for the formation and disbursement of a public library employes' pension fund in cities having a population exceeding 500,000 inhabitants," approved May 12, 1905, as amended, and as continued in, or superseded by the "Illinois Pension Code," approved March 18, 1963, under Article 19, Division 2, Secs. 19‑‑201 to 19‑‑220, both inclusive. (Source: Laws 1965, p. 2300.)
(40 ILCS 5/8‑107.2)(from Ch. 108 1/2, par. 8‑107.2) Sec. 8‑107.2. House of Correction Employees' Pension Act. "House of Correction Employees' Pension Act": "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, and as continued in, or superseded by the "Illinois Pension Code", approved March 18, 1963, under Article 19, Division 1, Secs. 19‑101 to 19‑119, both inclusive, as amended. (Source: P.A. 81‑1509.)
(40 ILCS 5/8‑108)(from Ch. 108 1/2, par. 8‑108) Sec. 8‑108. 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 5/8‑109)(from Ch. 108 1/2, par. 8‑109) Sec. 8‑109. 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. 81‑782.)
(40 ILCS 5/8‑109.1)(from Ch. 108 1/2, par. 8‑109.1) Sec. 8‑109.1. "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. 81‑782.)
(40 ILCS 5/8‑110)(from Ch. 108 1/2, par. 8‑110) Sec. 8‑110. Employer. "Employer": (1) a city of more than 500,000 inhabitants; (2) the Board of Education of the city, with respect to any of its employees who participate in this Fund; (3) the Chicago Housing Authority, with respect to any of its employees who participate in this Fund subject to the provisions of Section 8‑230.9; (4) the Public Building Commission of the city, with respect to any of its employees who participate in this Fund; and (5) the Retirement Board. (Source: P.A. 92‑599, eff. 6‑28‑02.)
(40 ILCS 5/8‑111)(from Ch. 108 1/2, par. 8‑111) Sec. 8‑111. Effective date. "Effective date": January 1, 1922, for any city covered by The 1921 Act on the date this Article comes in effect; and January 1 of the first year after the year in which any city hereafter comes under this Article. (Source: Laws 1963, p. 161.)
(40 ILCS 5/8‑112)(from Ch. 108 1/2, par. 8‑112) Sec. 8‑112. Retirement board or board. "Retirement board" or "board": The Retirement Board of the Municipal Employees', Officers', and Officials' Annuity and Benefit Fund created by this Article. (Source: Laws 1963, p. 161.)
(40 ILCS 5/8‑113)(from Ch. 108 1/2, par. 8‑113) Sec. 8‑113. Municipal employee, employee, contributor, or participant. "Municipal employee", "employee", "contributor", or "participant": (a) Any employee of an employer employed in the classified civil service thereof other than by temporary appointment or in a position excluded or exempt from the classified service by the Civil Service Act, or in the case of a city operating under a personnel ordinance, any employee of an employer employed in the classified or career service under the provisions of a personnel ordinance, other than in a provisional or exempt position as specified in such ordinance or in rules and regulations formulated thereunder. (b) Any employee in the service of an employer before the Civil Service Act came in effect for the employer. (c) Any person employed by the board. (d) Any person employed after December 31, 1949, but prior to January 1, 1984, in the service of the employer by temporary appointment or in a position exempt from the classified service as set forth in the Civil Service Act, or in a provisional or exempt position as specified in the personnel ordinance, who meets the following qualifications: (1) has rendered service during not less than 12
calendar months to an employer as an employee, officer, or official, 4 months of which must have been consecutive full normal working months of service rendered immediately prior to filing application to be included; and
(2) files written application with the board, while
in the service, to be included hereunder.
(e) After December 31, 1949, any alderman or other officer or official of the employer, who files, while in office, written application with the board to be included hereunder. (f) Beginning January 1, 1984, any person employed by an employer other than the Chicago Housing Authority or the Public Building Commission of the city, whether or not such person is serving by temporary appointment or in a position exempt from the classified service as set forth in the Civil Service Act, or in a provisional or exempt position as specified in the personnel ordinance, provided that such person is neither (1) an alderman or other officer or official of the employer, nor (2) participating, on the basis of such employment, in any other pension fund or retirement system established under this Act. (g) After December 31, 1959, any person employed in the law department of the city, or municipal court or Board of Election Commissioners of the city, who was a contributor and participant, on December 31, 1959, in the annuity and benefit fund in operation in the city on said date, by virtue of the Court and Law Department Employees' Annuity Act or the Board of Election Commissioners Employees' Annuity Act. After December 31, 1959, the foregoing definition includes any other person employed or to be employed in the law department, or municipal court (other than as a judge), or Board of Election Commissioners (if his salary is provided by appropriation of the city council of the city and his salary paid by the city) ‑‑ subject, however, in the case of such persons not participants on December 31, 1959, to compliance with the same qualifications and restrictions otherwise set forth in this Section and made generally applicable to employees or officers of the city concerning eligibility for participation or membership. (h) After December 31, 1965, any person employed in the public library of the city ‑‑ and any other person ‑‑ who was a contributor and participant, on December 31, 1965, in the pension fund in operation in the city on said date, by virtue of the Public Library Employees' Pension Act. (i) After December 31, 1968, any person employed in the house of correction of the city, who was a contributor and participant, on December 31, 1968, in the pension fund in operation in the city on said date, by virtue of the House of Correction Employees' Pension Act. (j) Any person employed full‑time on or after the effective date of this amendatory Act of the 92nd General Assembly by the Chicago Housing Authority who has elected to participate in this Fund as provided in subsection (a) of Section 8‑230.9. (k) Any person employed full‑time by the Public Building Commission of the city who has elected to participate in this Fund as provided in subsection (d) of Section 8‑230.7. (Source: P.A. 92‑599, eff. 6‑28‑02.)
(40 ILCS 5/8‑114)(from Ch. 108 1/2, par. 8‑114) Sec. 8‑114. Present employee. "Present employee": (a) Any employee of an employer, or the board, on the day before the effective date. (b) Any person who becomes an employee of the Board of Education on the day before the effective date and who on June 30, 1923, was a contributor to any municipal pension fund in operation in the city on that date under the Public School Employees' Pension Act of 1903. Any such employee shall be considered a municipal employee during the entire time he has been in the service of the employer. (c) Any person who becomes an employee of the municipal court or law department or Board of Election Commissioners on the day before the effective date, and who on December 31, 1959, was a participant in either of the funds in operation in the city on December 31, 1959, created under the Court and Law Department Employees' Annuity Act or the Board of Election Commissioners Employees' Annuity Act. Any such employee shall be considered a municipal employee during the entire time he has been in the service of the municipal court or law department or Board of Election Commissioners. (d) Any person who becomes a employee of the Public Library on the day before the effective date, and who on December 31, 1965 was a contributor and participant in the fund created under the Public Library Employes' Pension Act, in operation in the city on December 31, 1965. Any such employee shall be considered a municipal employee during the entire time he has been in the service of the Public Library. (Source: P.A. 91‑357, eff. 7‑29‑99.)
(40 ILCS 5/8‑115)(from Ch. 108 1/2, par. 8‑115) Sec. 8‑115. Future entrant. "Future entrant": (a) Any employee of an employer or of the board, employed for the first time on or after the effective date. (b) Any person who becomes an employee of the Board of Education for the first time on or after the effective date, and who was a contributor on June 30, 1923, to any municipal pension fund then in operation in the city under the Public School Employees' Pension Act of 1903. Any such employee shall be considered a municipal employee during the entire time he has been in the service of the Board of Education. (c) Any person who becomes an employee of a municipal court or law department or Board of Election Commissioners for the first time on or after the effective date, and who was a participant on December 31, 1959, in either of the funds in operation in the city on December 31, 1959, created under the Court and Law Department Employees' Annuity Act or the Board of Election Commissioners Employees' Annuity Act. Any such employee shall be considered a municipal employee during the entire time he has been in the service of the municipal court, law department, or Board of Election Commissioners. (d) Any person who becomes an employee of the Public Library or a participant and contributor to the Public Library Employees' Pension Fund for the first time on or after the effective date, and who was a contributor and participant on December 31, 1965 in such fund created under the Public Library Employees' Pension Act in operation in the city on December 31, 1965. Any such person shall be considered a municipal employee during the entire time he has been in the service of the Public Library or during the entire time for which he was covered, as an employee, in the fund created under the aforesaid Act. (e) Any person who becomes an employee of the house of correction or a participant and contributor to the House of Correction Employees' Pension Fund for the first time on or after the effective date, and who was a contributor and participant on December 31, 1968 in such fund created under the House of Correction Employees' Pension Act in operation in the City on December 31, 1968. Any such person shall be considered a municipal employee during the entire time he has been in the service of the House of Correction. (Source: P.A. 91‑357, eff. 7‑29‑99.)
(40 ILCS 5/8‑116)(from Ch. 108 1/2, par. 8‑116) Sec. 8‑116. Service, term of service, period of service, years of service. "Service", "term of service", "period of service", "years of service": Service as described in this Article, except that for any person who on December 31, 1959, was a participant in a fund created by the Court and Law Department Employees' Annuity Act or the Board of Election Commissioners Employees' Annuity Act, service shall include all periods prior to January 1, 1960, credited as service in such other fund, which service shall be credited on January 1, 1960, in the fund herein provided for‑‑on the basis, and for such total or fractional number of days, months, or years, to his credit on December 31, 1959, in such other fund under the provisions of the law governing the fund in which he was then a participant. In the case of any person who on December 31, 1965 was a participant and contributor in the fund created under the Public Library Employees' Pension Act, in operation in the city on December 31, 1965, service prior to January 1, 1966 shall be credited and shall include all periods prior to January 1, 1966, credited as service in such fund, which service shall be credited on January 1, 1966 in the fund herein provided for‑‑on the basis, and for such total or fractional number of days, months, or years, to his credit on December 31, 1965 in such other fund under the provisions of the law governing such said fund in which he was then a participant. Service rendered thereafter shall be credited as service on the basis as described in this Article. In the case of any person who on December 31, 1968 was a participant and contributor in the fund created under the House of Correction Employees' Pension Act, in operation in the city on December 31, 1968, service prior to January 1, 1969 shall be credited and shall include all periods prior to January 1, 1969, credited as service in such fund, which service shall be credited on January 1, 1969 in the fund herein provided for‑‑on the basis, and for such total or fractional number of days, months, or years, to his credit on December 31, 1968 in such other fund under the provisions of the law governing such fund in which he was then a participant. Service rendered thereafter shall be credited as service on the basis as described in this Article. (Source: Laws 1968, p. 181.)
(40 ILCS 5/8‑117)(from Ch. 108 1/2, par. 8‑117) Sec. 8‑117. Salary. "Salary": Annual salary of an employee as follows: (a) Beginning on the effective date and prior to July 1, 1947, $3,000; and beginning on July 1, 1947 and prior to July 1, 1953, $4,800; and beginning on July 1, 1953 and prior to July 1, 1957, $6,000 shall be the maximum amount of annual salary of any employee which shall be considered for any purpose hereunder. (b) If appropriated, fixed or arranged on an annual basis, beginning July 1, 1957, 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. (c) If appropriated, fixed or arranged on other than an annual basis, beginning July 1, 1957, the applicable schedules specified in Sections 8‑233 and 8‑235 shall be used for conversion of the salary to an annual basis. (d) Beginning July 13, 1941, 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 without charge by the city shall be considered to be $120 a year more than the amount payable as his salary for the year, for each such daily meal, not exceeding three per day. (e) Beginning September 19, 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 8‑174.1. (Source: P.A. 91‑357, eff. 7‑29‑99.)
(40 ILCS 5/8‑118)(from Ch. 108 1/2, par. 8‑118) Sec. 8‑118. Actual compensation. "Actual compensation": Beginning July 3, 1935, and prior to July 1, 1947, the actual sum without limitation and beginning July 1, 1947 and prior to July 1, 1953, the actual sum not in excess of $4,800; and beginning July 1, 1953 the actual sum not in excess of $6,000 a year, appropriated by the employer or paid by the board as salary or wages, for service in any position held by an employee. (Source: Laws 1963, p. 161.)
(40 ILCS 5/8‑119)(from Ch. 108 1/2, par. 8‑119) Sec. 8‑119. 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 5/8‑120)(from Ch. 108 1/2, par. 8‑120) Sec. 8‑120. Child or children. "Child" or "children": The natural child or children, or any child or children legally adopted by an employee. (Source: P.A. 95‑279, eff. 1‑1‑08.)
(40 ILCS 5/8‑121)(from Ch. 108 1/2, par. 8‑121) Sec. 8‑121. Withdrawal from service or withdrawal. "Withdrawal from service" or "withdrawal": Discharge or resignation of an employee. For the purpose of improving sums to the credit of municipal employees for annuity purposes at the 3%, 3 1/2% or 4% per annum interest rate herein provided, re‑entrance into service within 12 months after withdrawal from service by persons who have not received a refund under this Article shall be considered continuation in service; and 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 5/8‑122)(from Ch. 108 1/2, par. 8‑122) Sec. 8‑122. 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 5/8‑123)(from Ch. 108 1/2, par. 8‑123) Sec. 8‑123. Municipal pension fund. "Municipal pension fund": Any pension fund created and operated under "An Act to provide for the formation and disbursements of a pension fund in cities, villages and incorporated towns having a population exceeding 100,000 inhabitants for municipal employees appointed to their positions, under and by virtue of an Act entitled, 'An Act to regulate the civil service of cities', approved and in force March 20, 1895, and for those who are appointed prior to the passage of said Act and who are now in the service of such city, village or town", approved May 31, 1911, as amended, or under "An Act to provide for the formation and disbursement of a public school employees' pension fund in cities having a population exceeding one hundred thousand inhabitants", approved May 15, 1903, as amended. (Source: Laws 1963, p. 161.)
(40 ILCS 5/8‑124)(from Ch. 108 1/2, par. 8‑124) Sec. 8‑124. 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 5/8‑125)(from Ch. 108 1/2, par. 8‑125) Sec. 8‑125. Annuity. "Annuity": Equal monthly payments for life, unless otherwise specified. 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, and the last payment shall be due and payable as of the date of the annuitant's death and shall be prorated from the date of the last preceding payment to the date of death for deaths that occur on or before March 31, 2000. All payments made on or after April 1, 2000 shall be made on the first day of the calendar month and the last payment shall be ma
