Article 9 - County Employees' and Officers' Annuity and Benefit Fund - Counties Over 3,000,000 Inhabitants
(40 ILCS 5/9‑101) (from Ch. 108 1/2, par. 9‑101) Sec. 9‑101. Creation of fund. In each county of more than 3,000,000 inhabitants a County Employees' and Officers' 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 and officers herein designated and their beneficiaries. (Source: P.A. 90‑32, eff. 6‑27‑97.) |
(40 ILCS 5/9‑102) (from Ch. 108 1/2, par. 9‑102) Sec. 9‑102. Terms defined. The terms used in this Article have the meanings ascribed to them in Sections 9‑‑103 to 9‑‑119, inclusive, except when the context otherwise requires. (Source: Laws 1963, p. 161.) |
(40 ILCS 5/9‑103) (from Ch. 108 1/2, par. 9‑103) Sec. 9‑103. Fund. "Fund": The County Employees' and Officers' Annuity and Benefit Fund herein created. (Source: Laws 1963, p. 161.) |
(40 ILCS 5/9‑104) (from Ch. 108 1/2, par. 9‑104) Sec. 9‑104. The 1925 Act. "The 1925 Act": "An Act to provide for the creation, setting apart, maintenance and administration of a county employees' and officers' annuity and benefit fund in counties having a population exceeding five hundred thousand inhabitants", approved July 2, 1925, as amended. (Source: Laws 1963, p. 161.) |
(40 ILCS 5/9‑105) (from Ch. 108 1/2, par. 9‑105) Sec. 9‑105. County pension fund. "County pension fund": Any pension fund created by "An Act to provide for the formation and disbursement of a pension fund in counties having a population of 150,000 or more inhabitants, for the benefit of officers and employees in the service of such counties", approved June 29, 1915, as amended. (Source: Laws 1963, p. 161.) |
(40 ILCS 5/9‑106) (from Ch. 108 1/2, par. 9‑106) Sec. 9‑106. Effective date. "Effective date": January 1, 1926, for any county covered by "The 1925 Act" on the date this Article comes in effect; and January 1 of the first year after the year in which any county hereafter comes under the provisions of this Article. (Source: Laws 1963, p. 161.) |
(40 ILCS 5/9‑107) (from Ch. 108 1/2, par. 9‑107) Sec. 9‑107. Retirement board or board. "Retirement board" or "board": The Board of Trustees of the County Employees' and Officers' Annuity and Benefit Fund created by this Article. (Source: Laws 1963, p. 161.) |
(40 ILCS 5/9‑108) (from Ch. 108 1/2, par. 9‑108) Sec. 9‑108. "Employee", "contributor" or "participant". (a) Any employee of the county employed in any position in the classified civil service of the county, or in any position under the County Police Merit Board as a deputy sheriff in the County Police Department. Any such employee employed after January 1, 1968 and before January 1, 1984 shall be entitled only to the benefits provided in Sections 9‑147 and 9‑156, prior to the earlier of completion of 12 consecutive calendar months of service and January 1, 1984, and no contributions shall be made by him during this period. Upon the completion of said period contributions shall begin and the employee shall become entitled to the benefits of this Article. Any such employee may elect to make contributions for such period and receive credit therefor under rules prescribed by the board. Any such employee in service on or after January 1, 1984, regardless of when he became an employee, shall be deemed a participant and contributor to the fund created by this Article and the employee shall be entitled to the benefits of this Article. (b) Any employee of the county employed in any position not included in the classified civil service of the county whose salary or wage is paid in whole or in part by the county. Any such employee employed after July 1, 1957, and before January 1, 1984, shall be entitled only to the benefits provided in Sections 9‑147 and 9‑156, prior to the earlier of completion of 12 consecutive calendar months of service and January 1, 1984, and no contributions shall be made by him during this period. Upon the completion of said period contributions shall begin and the employee shall become entitled to the benefits of this Article. Any such employee may elect to make contributions for such period and receive credit therefor under rules prescribed by the board. Any such employee in service on or after January 1, 1984, regardless of when he became an employee, shall be deemed a participant and contributor to the fund created by this Article and the employee shall be entitled to the benefits of this Article. (c) Any county officer elected by vote of the people, including a member of the county board, when such officer elects to become a contributor. (d) Any person employed by the board. (e) Employees of a County Department of Public Aid in counties of 3,000,000 or more population who are transferred to State employment by operation of law enacted by the 76th General Assembly and who elect not to become members of the Retirement System established under Article 14 of this Code as of the date they become State employees shall retain their membership in the fund established in this Article 9 until the first day of the calendar month next following the date on which they become State employees, at which time they shall become members of the System established under Article 14. (f) If, by operation of law, a function of a "Governmental Unit", as such term is defined in the "Retirement Systems Reciprocal Act" in Article 20 of the Illinois Pension Code, is transferred in whole or in part to the county in which this Article is in force and effect, and employees are transferred as a group or class to such county service, such transferred employee shall, if on the day immediately prior to the date of such transfer he was a contributor and participant in the annuity and benefit fund or retirement system in operation in such other "Governmental Unit" for employees of such Unit, immediately upon such transfer be deemed a participant and contributor to the fund created by this Article. (Source: P.A. 90‑655, eff. 7‑30‑98.) |
(40 ILCS 5/9‑108.1) (from Ch. 108 1/2, par. 9‑108.1) Sec. 9‑108.1. Employees of County Department of Public Aid transferred to State employment by operation of law. Employees of a County Department of Public Aid in a county of 3,000,000 or more population who, on January 1, 1974, are transferred by operation of law to State employment and who elect not to become members of the Retirement System established under Article 14 of this Code as of the date they become State employees shall retain their membership in the fund established in this Article 9 until February 1, 1974, at which time they shall become members of the System established under Article 14. (Source: P. A. 78‑365.) |
(40 ILCS 5/9‑108.2) (from Ch. 108 1/2, par. 9‑108.2) Sec. 9‑108.2. Gender. The masculine gender whenever used in this Article includes the feminine gender and all annuities and other benefits applicable to male employees and their survivors, and the contributions to be made for widows' annuities or other annuities, benefits, and refunds, shall apply with equal force to female employees and their survivors, without any modification or distinction whatsoever. (Source: P. A. 78‑1129.) |
(40 ILCS 5/9‑109) (from Ch. 108 1/2, par. 9‑109) Sec. 9‑109. "Present employee". (a) Any employee on the day before the effective date who becomes a contributor on the effective date; and (b) Any person who was an employee of the county or the Board of Trustees of the County Pension Fund on the day before the effective date who did not become a contributor on the effective date and who is in the employ of the county or the board on August 31, 1935 and who has made application on or before September 1, 1935 to the board to have the provisions of "The 1925 Act" apply to his former periods of service, and who (1) was not a contributor to the fund prior to September 1, 1935, or (2) became a contributor prior to September 1, 1935, and was employed by the county or board prior to the time he became a contributor; (c) Any person who (1) was an employee of the county or the Board of Trustees of the pension fund which the fund herein provided for supersedes, prior to the effective date but who was not in such employ on such date, and (2) returns to the service of the county or of the board subsequently and is an employee for 10 or more years, at least 6 of which were employment subsequent to such date; and (d) Any person elected by vote of the people to a county office prior to July 1, 1947, who on said date is serving in such elective office and who elects to become a contributor. (Source: Laws 1963, p. 161.) |
(40 ILCS 5/9‑110) (from Ch. 108 1/2, par. 9‑110) Sec. 9‑110. "Future entrant". (a) Any person not described in subdivisions (b), (c), (d), or (e) of this definition of "Future Entrant" who becomes an employee on or after the effective date, except a county officer elected prior to July 1, 1947; and any person elected by vote of the people to a county office after July 1, 1947, who elects to become a contributor; (b) Any person who (1) was an employee on August 31, 1935, (2) was not a contributor prior to September 1, 1935, and (3) did not make application on or before September 1, 1935, to be covered by "The 1925 Act" for his periods of service prior to September 1, 1935; (c) Any person becoming an employee for the first time on or after the effective date, who (1) was an employee on August 31, 1935, (2) became a contributor prior to September 1, 1935, (3) rendered service to the county or board before he became a contributor, and (4) did not make application to the board on or before September 1, 1935, to be covered by "The 1925 Act" for his former periods of service; (d) Any person becoming an employee for the first time on or after the effective date who (1) was an employee on August 31, 1935, (2) became a contributor prior to September 1, 1935, (3) was employed by the county prior to becoming a contributor, and (4) made application on or before September 1, 1935, to the board to be covered by "The 1925 Act" for such former periods of service; (e) Any person becoming an employee for the first time on or after the effective date who (1) was in the employ of the county or the board on August 31, 1935, (2) did not become a contributor prior to September 1, 1935 and (3) made application on or before September 1, 1935, to be covered by "The 1925 Act" for his former periods of service. (Source: Laws 1963, p. 161.) |
(40 ILCS 5/9‑111) (from Ch. 108 1/2, par. 9‑111) Sec. 9‑111. Re‑entrant. "Re‑entrant": Any employee who withdraws from service and receives a refund, and thereafter re‑enters service prior to age 65. (Source: Laws 1963, p. 161.) |
(40 ILCS 5/9‑112) (from Ch. 108 1/2, par. 9‑112) Sec. 9‑112. Salary. "Salary": Annual salary of an employee under this Article as follows: (a) Beginning on the effective date and prior to July 1, 1947 $3000 shall be the maximum amount of annual salary of any employee to be considered for the purposes of this Article; and beginning on July 1, 1947 and prior to July 1, 1953, said maximum amount shall be $4800; and beginning on July 1, 1953 and prior to July 1, 1957 said maximum amount shall be $6,000; and beginning on July 1, 1957, if salary or wages is appropriated, fixed or arranged on an annual basis, the actual sum payable during the year if the employee worked the full normal working time in his position, at the rate of compensation, exclusive of overtime, appropriated or fixed as salary or wages for service in the position; (b) Beginning July 1, 1957, if appropriated, fixed or arranged on other than an annual basis, the applicable schedules specified in Section 9‑221 shall be used for conversion of the salary to an annual basis; (c) Where the county provides lodging, board and laundry service for an employee without charge, his salary shall be considered to be $480 a year more for the period from the effective date to August 1, 1959 and thereafter $960 more than the amount payable as salary for the year, and the salary of an employee for whom one or more daily meals are provided by the county without charge therefor shall be considered to be $120 a year more for each such daily meal for the period from the effective date to August 1, 1959 and thereafter $240 more for each such daily meal than the amount payable as his salary for the year. (Source: P.A. 81‑1536.) |
(40 ILCS 5/9‑113) (from Ch. 108 1/2, par. 9‑113) Sec. 9‑113. Disability. "Disability": A physical or mental incapacity as the result of which an employee is unable to perform the duties of his position. (Source: Laws 1963, p. 161.) |
(40 ILCS 5/9‑114) (from Ch. 108 1/2, par. 9‑114) Sec. 9‑114. Injury. "Injury": A physical hurt resulting from external force or violence. (Source: Laws 1963, p. 161.) |
(40 ILCS 5/9‑116) (from Ch. 108 1/2, par. 9‑116) Sec. 9‑116. Withdraws from service, withdrawal from service or withdrawal. "Withdraws from service", "withdrawal from service" or "withdrawal": Discharge or resignation of an employee. (Source: Laws 1963, p. 161.) |
(40 ILCS 5/9‑117) (from Ch. 108 1/2, par. 9‑117) Sec. 9‑117. 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 5/9‑118) (from Ch. 108 1/2, par. 9‑118) Sec. 9‑118. 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 a present employee, or for a future entrant or re‑entrant who was a participant or contributor on January 1, 1954; and at 3% per annum for a future entrant or re‑entrant who becomes a contributor after January 1, 1954. 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 5/9‑119) (from Ch. 108 1/2, par. 9‑119) Sec. 9‑119. Annuity. "Annuity": Equal monthly payments for life, unless otherwise specified. The first payment shall be due and payable 1 month after the occurrence of the event upon which payment of the annuity depends, and the last payment shall be payable as of the date of the annuitant's death and be prorated from the date of the last preceding payment to the date of death; provided, that as to annuities effective July 1, 1973, and thereafter payments shall be made as of the first day of each calendar month during the annuity payment period, the first payment to be made as of the first day of the calendar month coincidental with or next following the first day of the annuity payment period and the last payment to be made as of the first day of the calendar month in which the annuitant dies or the annuity payment period ends. (Source: P. A. 78‑656.) |
(40 ILCS 5/9‑120) (from Ch. 108 1/2, par. 9‑120) Sec. 9‑120. Persons to whom article does not apply. This Article does not apply to: (a) Any person whose position will not ordinarily permit service during one month in a calendar year, nor to any person who is age 65 or over when he enters service unless such a person elects to have this Article apply by filing written notice of such intent with the retirement board within 4 months after the date of entering service. Any person to whom this Article did not apply because of the age 65 limitation may file such written notice within 4 months of the effective date of this Amendatory Act. Such a person may establish credit for any periods for which this Article did not apply by making the employee contributions which would have been required had this Article applied to such person together with interest. (b) Any person who becomes an employee after June 30, 1979 as a public service employment program participant under the Federal Comprehensive Employment and Training Act and whose wages or fringe benefits are paid in whole or in part by funds provided under such Act. (Source: P.A. 87‑794.) |
(40 ILCS 5/9‑120.1) Sec. 9‑120.1. CTA ‑ continued participation; military service credit. (a) A person who (i) has at least 20 years of creditable service in the Fund, (ii) has not begun receiving a retirement annuity under this Article, and (iii) is employed in a position under which he or she is eligible to actively participate in the retirement system established under Section 22‑101 of this Code may elect, after he or she ceases to be a participant but in no event after June 1, 1998, to continue his or her participation in this Fund while employed by the Chicago Transit Authority, for up to 10 additional years, by making written application to the Board. (b) A person who elects to continue participation under this Section shall make contributions directly to the Fund, not less frequently than monthly, based on the person's actual Chicago Transit Authority compensation and the rates applicable to employees under this Fund. Creditable service shall be granted to any person for the period, not exceeding 10 years, during which the person continues participation in this Fund under this Section and continues to make contributions as required. For periods of service established under this Section, the person's actual Chicago Transit Authority compensation shall be considered his or her salary for purposes of calculating benefits under this Article. (c) A person who elects to continue participation under this Section may cancel that election at any time. (d) A person who elects to continue participation under this Section may establish service credit in this Fund for periods of employment by the Chicago Transit Authority prior to that election, by applying in writing and paying to the Fund an amount representing employee contributions for the service being established, based on the person's actual Chicago Transit Authority compensation and the rates then applicable to employees under this Fund, without interest. (e) A person who qualifies under this Section may elect to purchase credit for up to 4 years of military service, whether or not that service followed service as a county employee. The military service need not have been served in wartime, but the employee must not have been dishonorably discharged. To establish this creditable service the applicant must pay to the Fund, on or before July 1, 1998, an amount determined by the Fund to represent the employee contributions for the creditable service, based on the employee's rate of compensation on his or her last day of service as a contributor before the military service or his or her salary on the first day of service following the military service, whichever is greater, plus interest at the effective rate from the date of discharge to the date of payment. For the purposes of this subsection, "military service" includes service in the United States armed forces reserves. (f) Notwithstanding any other provision of this Section, a person may not establish creditable service under this Section for any period for which the person receives credit under any other public employee retirement system, including the retirement system established under Section 22‑101 of this Code, unless the credit under that retirement system has been irrevocably relinquished. (Source: P.A. 90‑32, eff. 6‑27‑97.) |
(40 ILCS 5/9‑121) (from Ch. 108 1/2, par. 9‑121) Sec. 9‑121. Election of county officer to become contributor. (a) Any employee elected by a vote of the people to a county office may elect to become a contributor by exercising such election while in office. (b) Upon election by a future entrant, credit shall accrue for all service and credit shall be granted for all contributions made by and on his behalf by the county for age and service and widow's annuity. The employee may make contributions with interest at the effective rate, equal to the sum which would have accumulated to his credit for age and service and widow's annuity as of the date he becomes a contributor had he made contributions from the date of his assuming elective office to the date he becomes a contributor. Concurrent credit shall be granted for county contributions at the rate in effect during the periods for which the employee made contributions. Any future entrant who renders at least 2 years of service after such election shall receive credit for all purposes of this Article, including prior service, provided that if he has received a refund of contributions with respect to any such service, credit shall not be granted unless repayment is made of all such refunds, including interest to the date of repayment. (c) Upon election by a present employee, credit shall be granted and county contributions shall be made for all purposes of this Article for all periods prior to October 1, 1947, during which he was an officer or employee of the county, except as otherwise prescribed in this Section. Such county contributions shall be at the rates in effect for employees under the provisions of "The 1925 Act" during periods for which credit is allowed for the purposes specified in this paragraph together with interest, and shall be considered together with all other contributions in the computation of annuities to which the employee or his widow may be entitled. Any such present employee may elect to make additional contributions with interest at 4% per annum, equal to the sum which would have accumulated for age and service annuity and widow's annuity as of the date he became a contributor had he made contributions throughout his entire period of service for which county contributions are provided in this Section. Such additional contributions shall be improved at interest for the same period of time as regular contributions in the case of any other present employee, and shall, together with all other amounts contributed by the employee, be considered as contributions for age and service annuity, widow's annuity and refund purposes. (d) Any present employee who received a refund under "The 1925 Act" prior to July 1, 1947, shall receive no credit for service covered by such refund unless repayment is made by him of all such refunds, including interest to the date of repayment. (e) The time and manner of making additional contributions and repayment of refunds shall be prescribed by the board. (Source: P.A. 81‑1536.) |
(40 ILCS 5/9‑121.1) (from Ch. 108 1/2, par. 9‑121.1) Sec. 9‑121.1. General Assembly transfer. (a) Any active (and until February 1, 1993, any former) member of the General Assembly Retirement System may apply for transfer of his credits and creditable service accumulated under this Fund to the General Assembly System. Such credits and creditable service shall be transferred forthwith. Payment by this Fund to the General Assembly Retirement System shall be made at the same time and shall consist of: (1) the amounts accumulated to the credit of the | ||
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(2) municipality credits computed and credited under | ||
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(b) An active (and until February 1, 1993, a former) member of the General Assembly Retirement System who has service credits and creditable service under the Fund may establish additional service credits and creditable service for periods during which he was an elected official and could have elected to participate but did not so elect. Service credits and creditable service may be established by payment to the fund of an amount equal to the contributions he would have made if he had elected to participate, plus interest to the date of payment. (c) An active (and until February 1, 1993, a former) member of the General Assembly Retirement System may reinstate service and service credits terminated upon receipt of a separation benefit, by payment to the Fund of the amount of the separation benefit plus interest thereon to the date of payment. (d) An active (and until February 1, 1993, a former) member of the General Assembly having no service credits or creditable service in the Fund may establish service credit and creditable service for periods during which he was employed by the county but did not participate in the Fund, by paying to the Fund prior to July 1, 1991 an amount equal to the contributions he would have made if he had participated, plus interest thereon at 6% per annum compounded annually from such period to the date of payment. (e) Any active member of the General Assembly may apply for transfer of his credits and creditable service established under subsection (c) or (d) to any annuity and benefit fund established under Article 5, 8 or 12 of this Act. Such credits and creditable service shall be transferred forthwith, together with a payment from this Fund to the designated Article 5, 8 or 12 fund consisting of the amounts accumulated to the credit of the applicant under subsection (c) or (d), including the corresponding employer contributions and interest, on the books of the Fund on the date of transfer. Participation in this Fund as to any credits transferred under this subsection shall terminate on the date of transfer. (Source: P.A. 86‑27; 86‑273; 86‑1028; 86‑1488; 87‑794.) |