Current through Public Act 103-1052
Section 40 ILCS 5/2-119 - [Text of Section WITHOUT the changes made by P.A. 98-599, which has been held unconstitutional] Retirement annuity - conditions for eligibility(a) A participant whose service as a member is terminated, regardless of age or cause, is entitled to a retirement annuity beginning on the date specified by the participant in a written application subject to the following conditions: 1.The date the annuity begins does not precede the date of final termination of service, or is not more than 30 days before the receipt of the application by the board in the case of annuities based on disability or one year before the receipt of the application in the case of annuities based on attained age;2.The participant meets one of the following eligibility requirements: For a participant who first becomes a participant of this System before January 1, 2011 (the effective date of Public Act 96-889):
(A) He or she has attained age 55 and has at least 8 years of service credit;(B) He or she has attained age 62 and terminated service after July 1, 1971 with at least 4 years of service credit; or(C) He or she has completed 8 years of service and has become permanently disabled and as a consequence, is unable to perform the duties of his or her office. For a participant who first becomes a participant of this System on or after January 1, 2011 (the effective date of Public Act 96-889), he or she has attained age 67 and has at least 8 years of service credit.(a-5) A participant who first becomes a participant of this System on or after January 1, 2011 (the effective date of Public Act 96-889) who has attained age 62 and has at least 8 years of service credit may elect to receive the lower retirement annuity provided in paragraph (c) of Section 2-119.01 of this Code.(b) A participant shall be considered permanently disabled only if: (1) disability occurs while in service and is of such a nature as to prevent him or her from reasonably performing the duties of his or her office at the time; and (2) the board has received a written certificate by at least 2 licensed physicians appointed by the board stating that the member is disabled and that the disability is likely to be permanent. Amended by P.A. 096-1490,§ 5, eff. 1/1/2011.Amended by P.A. 096-0889,§ 10, eff. 1/1/2011.This section is set out more than once due to postponed, multiple, or conflicting amendments.