ILCS » Chapter 40 · Act 5
Illinois Compiled Statutes

40 ILCS 5/16-118 (2026)

Retirement

✓ current as of May 2026
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(40 ILCS 5/16-118) (from Ch. 108 1/2, par. 16-118)
    Sec. 16-118. Retirement. "Retirement": Entry upon a retirement annuity or receipt of a single-sum retirement benefit granted under this Article after termination of active service as a teacher.
    (a) An annuitant receiving a retirement annuity other than a disability retirement annuity may accept employment as a teacher from a school board or other employer specified in Section 16-106 without impairing retirement status, if that employment:
        (1) is not within the school year during which
    
service was terminated; and
        (2) does not exceed the following:
            (i) before July 1, 2001, 100 paid days or 500
        
paid hours in any school year;
            (ii) during the period beginning July 1, 2001
        
through June 30, 2011, 120 paid days or 600 paid hours in each school year;
            (iii) during the period beginning July 1, 2011
        
through June 30, 2018, 100 paid days or 500 paid hours in each school year;
            (iv) beginning July 1, 2018 through June 30,
        
2026, 120 paid days or 600 paid hours in each school year, but not more than 100 paid days in the same classroom;
            (v) (blank); and
            (vi) beginning July 1, 2026, 100 paid days or 500
        
paid hours in each school year.
    Where such permitted employment is partly on a daily and partly on an hourly basis, a day shall be considered as 5 hours.
    (b) Subsection (a) does not apply to an annuitant who returns to teaching under the program established in Section 16-150.1, for the duration of his or her participation in that program.
(Source: P.A. 102-537, eff. 8-20-21; 102-709, eff. 4-22-22; 103-88, eff. 6-9-23; 103-525, eff. 8-11-23.)

    
Notes of Decisions
Cited in 1 case, 2012–2012 · leading case: Kildeer-Countryside Sch. Dist. No. 96 v. Bd. of Trs. of the Teachers' Ret. Sys., 2012 IL App (4th) 110843 (Ill. App. Ct. 2012).
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Kildeer-Countryside Sch. Dist. No. 96 v. Bd. of Trs. of the Teachers' Ret. Sys., 2012 IL App (4th) 110843 (Ill. App. Ct. 2012). “Section 16-118 of the Pension Code (40 ILCS 5/16-118 (West 2008)) defines “retirement” as “[e]ntry upon a retirement annuity or receipt of a single-sum retirement benefit granted under this Article after termination of active service as a teacher.”
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