40 ILCS 5/20-118
Waiver of pension credits - Reinstatement
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(40 ILCS 5/20-118)
(from Ch. 108 1/2, par. 20-118)
Sec. 20-118.
Waiver of pension credits - Reinstatement.
Any employee who shall have waived, by the acceptance of a refund, his
pension credit in any participating system, may have his pension credit
reinstated by repayment of the refund, including interest from the date of
refund to the date of repayment, provided (1) the system is authorized by
law to receive the repayment, and (2) the employee has completed at least 2
years of service under a participating system subsequent to the date of the
last refund. Each system shall consider pension credits under all
participating systems in determining whether the employee meets the service
requirements under that system for repayment of a refund. The repayment of
a refund under this section shall not be considered as an election to
accept the provisions of the other sections of this Article.
(Source: Laws 1963, p. 161.)
Notes of Decisions
Cited in 2
cases, 1993–2009 · leading case: Collins v. BOARD OF TRUSTEES, FIREMEN'S ANNUITY & BEN. FUND OF CHICAGO
Collins v. BOARD OF TRUSTEES, FIREMEN'S ANNUITY & BEN. FUND OF CHICAGO (1993)
“) Thus, we can conclude from these provisions that the legislature intended retirement annuity service credits for service in a prior system to be conditioned on payment of the appropriate contributions. The fire paramedics correctly note that the Reciprocal Act was not…”
Board of Trustees of the Teachers' Retirement System of Illinois v. West (2009)
“See 40 ILCS 5/20-118 (West 2006) ("Any employee who shall have waived, by the acceptance of a refund, his pension credit in any participating system, may have his pension credit reinstated by repayment of the refund").”
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