Chapter 40 — PENSIONS

(40 ILCS 5/3-105.1) (from Ch. 108 1/2, par. 3-105.1) Sec. 3-105.1. Deferred Pensioner. "Deferred Pensioner": a police officer who has retired having accumulated enough creditable service to qualify for a pension, but who has not attained the required age. (Source: P.A. 84-1010.)…

(40 ILCS 5/3-105.2) Sec. 3-105.2. Self-Managed Plan. "Self-managed plan": The defined contribution retirement program established for eligible employees under Section 3-109.3. The self-managed plan includes disability benefits as provided in Sections 3-114.1, 3-114.2, 3-114.3, an…

(40 ILCS 5/3-106) (from Ch. 108 1/2, par. 3-106) Sec. 3-106. Police officer, officer. "Police officer" or "officer": Any person who (1) is appointed to the police force of a police department and sworn and commissioned to perform police duties; and (2) within 3 months after recei…

(40 ILCS 5/3-107) (from Ch. 108 1/2, par. 3-107) Sec. 3-107. Gender. "Gender": The masculine gender whenever used in this Article includes the female gender unless manifestly inconsistent with the context. (Source: P.A. 83-1440.)

(40 ILCS 5/3-108) (from Ch. 108 1/2, par. 3-108) Sec. 3-108. Child or children. "Child" or "children": "Child" or "children" includes a police officer's natural and legally adopted children. (Source: P.A. 95-279, eff. 1-1-08.)

(40 ILCS 5/3-108.1) (from Ch. 108 1/2, par. 3-108.1) Sec. 3-108.1. Dependent parent. "Dependent parent": A parent who furnishes satisfactory proof that the deceased police officer at the time of his or her death was the sole support of the parent or that the parent was the depend…

(40 ILCS 5/3-108.2) Sec. 3-108.2. Participant. "Participant": A police officer or deferred pensioner of a pension fund, or a beneficiary of the pension fund. (Source: P.A. 90-507, eff. 8-22-97.)

(40 ILCS 5/3-108.3) Sec. 3-108.3. Beneficiary. "Beneficiary": A person receiving benefits from a pension fund, including, but not limited to, retired pensioners, disabled pensioners, their surviving spouses, minor children, disabled children, and dependent parents. If a special n…

(40 ILCS 5/3-109) (from Ch. 108 1/2, par. 3-109) Sec. 3-109. Persons excluded. (a) The following persons shall not be eligible to participate in a fund created under this Article: (1) part-time police officers, special police officers, night watchmen, temporary employees, traffic…

(40 ILCS 5/3-109.1) (from Ch. 108 1/2, par. 3-109.1) Sec. 3-109.1. Chief of police. (a) Except as provided in subsection (a-5), beginning January 1, 1990, any person who is employed as the chief of police of a "participating municipality" as defined in Section 7-106 of this Code,…

(40 ILCS 5/3-109.2) Sec. 3-109.2. Retirement Program Elections. (a) For the purposes of this Section and Section 3-109.3: "Eligible employee" means a police officer who is hired on or within one year after the effective date of the self-managed plan established under Section 3-10…

(40 ILCS 5/3-109.3) Sec. 3-109.3. Self-managed plan. (a) Purpose. The General Assembly finds that it is important for municipalities to be able to attract and retain the most qualified police officers and that in order to attract and retain these police officers, municipalities s…

(40 ILCS 5/3-109.4) Sec. 3-109.4. Defined contribution plan for certain police officers. (a) Each municipality shall establish a defined contribution plan that aggregates police officer and employer contributions in individual accounts used for retirement. The defined contributio…

(40 ILCS 5/3-110) (from Ch. 108 1/2, par. 3-110) Sec. 3-110. Creditable service. (a) "Creditable service" is the time served by a police officer as a member of a regularly constituted police force of a municipality. In computing creditable service furloughs without pay exceeding …

(40 ILCS 5/3-110.10) (Text of Section from P.A. 102-857) Sec. 3-110.10. Transfer from Article 7. Until January 1, 2009, a person may transfer to a fund established under this Article up to 8 years of creditable service accumulated under Article 7 of this Code upon payment to the …

(40 ILCS 5/3-110.11) Sec. 3-110.11. Transfer of creditable service from Article 5 fund. For a period of 60 days after the effective date of this Section, a person may transfer to a fund established under this Article up to 10 years of creditable service accumulated under Article …

(40 ILCS 5/3-110.11a) Sec. 3-110.11a. Optional credit under Article 5. A police officer may establish optional credit for up to 5 years of service as a participant under Article 5, provided that the police officer (i) was certified under the law governing the certification of pol…

(40 ILCS 5/3-110.12) Sec. 3-110.12. Transfer to Article 4 fund. (a) At any time during the 6 months following the effective date of this Section, an active member of an Article 4 firefighters' pension fund may apply for transfer to that fund of up to 6 years of his or her credita…

(40 ILCS 5/3-110.13) Sec. 3-110.13. Transfer from Article 15. No later than June 30, 2023, a person may irrevocably apply under Section 15-134.4 to transfer to a fund established under this Article creditable service accumulated under Article 15 of this Code for service as a poli…

(40 ILCS 5/3-110.14) Sec. 3-110.14. Transfer to Article 7. (a) On and after July 1, 2022 but no later than December 1, 2023, a participating employee who is actively employed as a sheriff's law enforcement employee under Article 7 may make a written election to transfer up to 10 …

(40 ILCS 5/3-110.15) Sec. 3-110.15. Transfer from Article 4 fund. Until 6 months after the effective date of this amendatory Act of the 104th General Assembly, a person may transfer to a fund established under this Article up to 8 years of creditable service accumulated in a fire…

(40 ILCS 5/3-110.2) (from Ch. 108 1/2, par. 3-110.2) Sec. 3-110.2. Transfer of creditable service to General Assembly Retirement System. (a) An active member of the General Assembly Retirement System may apply to transfer his or her credits and creditable service accumulated in a…

(40 ILCS 5/3-110.3) (from Ch. 108 1/2, par. 3-110.3) Sec. 3-110.3. Transfer to IMRF. (a) Any person who has made an election under Section 3-109.1, and until July 1, 1993, any active member of the Illinois Municipal Retirement Fund who is a county clerk, may apply for transfer of…

(40 ILCS 5/3-110.4) (from Ch. 108 1/2, par. 3-110.4) Sec. 3-110.4. Transfer of creditable service to Article 8, 9 or 13 fund. (a) Any city officer as defined in Section 8-243.2 of this Code, any county officer elected by vote of the people who is a participant in a pension fund e…

(40 ILCS 5/3-110.5) (from Ch. 108 1/2, par. 3-110.5) Sec. 3-110.5. Transfer to Article 14 system. (a) Until January 1, 1990, any active member of the State Employees' Retirement System who is a State policeman and until July 1, 1998, any active member of the State Employees' Reti…

(40 ILCS 5/3-110.6) (from Ch. 108 1/2, par. 3-110.6) Sec. 3-110.6. Transfer to Article 14 System. (a) Any active member of the State Employees' Retirement System who is a State policeman, an investigator for the Secretary of State, a conservation police officer, an investigator f…

(40 ILCS 5/3-110.7) Sec. 3-110.7. Transfer between Article 3 funds. (a) An active member of a pension fund established under this Article may apply for transfer to that fund of his or her creditable service and related contributions accumulated in any other police pension fund es…

(40 ILCS 5/3-110.8) Sec. 3-110.8. Transfer to IMRF. (a) Until 60 days after the effective date of this amendatory Act of the 97th General Assembly, any active member of the Illinois Municipal Retirement Fund may apply to transfer up to 10 years of creditable service in a police p…

(40 ILCS 5/3-110.9) Sec. 3-110.9. Transfer to Article 9. (a) Until 6 months after the effective date of this amendatory Act of the 95th General Assembly, any active member of a pension fund established under Article 9 of this Code may apply for transfer of up to 6 years of his or…

(40 ILCS 5/3-111) (from Ch. 108 1/2, par. 3-111) Sec. 3-111. Pension. (a) A police officer age 50 or more with 20 or more years of creditable service, who is not a participant in the self-managed plan under Section 3-109.3 and who is no longer in service as a police officer, shal…

(40 ILCS 5/3-111.1) (from Ch. 108 1/2, par. 3-111.1) Sec. 3-111.1. Increase in pension. (a) Except as provided in subsection (e), the monthly pension of a police officer who retires after July 1, 1971, and prior to January 1, 1986, shall be increased, upon either the first of the…

(40 ILCS 5/3-111.5) Sec. 3-111.5. Membership date; previous IMRF service with the same municipality. A police officer who previously participated in the Illinois Municipal Retirement Fund (IMRF) for service as a member of the police department of a municipality and was transferre…

(40 ILCS 5/3-112) (from Ch. 108 1/2, par. 3-112) Sec. 3-112. Pension to survivors. (a) Upon the death of a police officer entitled to a pension under Section 3-111, the surviving spouse shall be entitled to the pension to which the police officer was then entitled. Upon the death…

(40 ILCS 5/3-113.1) Sec. 3-113.1. Minimum retirement, survivor, and disability pensions. (a) Beginning January 1, 1999, the minimum retirement pension payable to a police officer with 20 or more years of creditable service, the minimum disability pension payable under Section 3-1…

(40 ILCS 5/3-113.2) Sec. 3-113.2. Dependent beneficiaries; payment to trust. Any benefit to be received by or paid to a dependent beneficiary may be received by or paid to a trust established for such dependent beneficiary if the dependent beneficiary is living at the time such b…

(40 ILCS 5/3-114.1) (from Ch. 108 1/2, par. 3-114.1) Sec. 3-114.1. Disability pension - Line of duty. (a) If a police officer as the result of sickness, accident or injury incurred in or resulting from the performance of an act of duty, is found to be physically or mentally disab…

(40 ILCS 5/3-114.2) (from Ch. 108 1/2, par. 3-114.2) Sec. 3-114.2. Disability pension - Not on duty. A police officer who becomes disabled as a result of any cause other than the performance of an act of duty, and who is found to be physically or mentally disabled so as to render…

(40 ILCS 5/3-114.3) (from Ch. 108 1/2, par. 3-114.3) Sec. 3-114.3. Heart attack or stroke suffered in performance of duties. Any police officer who suffers a heart attack or stroke as a result of the performance and discharge of police duty shall be considered as having been inju…

(40 ILCS 5/3-114.4) (from Ch. 108 1/2, par. 3-114.4) Sec. 3-114.4. Return to active duty after disability. A police officer who receives a disability pension under Section 3-114.1, 3-114.2, or 3-114.6 for more than 2 years and who returns to active duty must remain in active poli…

(40 ILCS 5/3-114.5) (from Ch. 108 1/2, par. 3-114.5) Sec. 3-114.5. Reduction of disability and survivor's benefits for corresponding benefits payable under Workers' Compensation and Workers' Occupational Diseases Acts. (a) Whenever a person is entitled to a disability or survivor…

(40 ILCS 5/3-114.6) Sec. 3-114.6. Occupational disease disability pension. (a) This Section applies only to police officers who are employed by a municipality with a combined police and fire department and who have regular firefighting duties in addition to their law enforcement …

(40 ILCS 5/3-115) (from Ch. 108 1/2, par. 3-115) Sec. 3-115. Certificate of disability. A disability pension shall not be paid unless there is filed with the board certificates of the police officer's disability, subscribed and sworn to by the police officer if not under legal di…

(40 ILCS 5/3-116) (from Ch. 108 1/2, par. 3-116) Sec. 3-116. Examination and emergency service. A police officer whose duty is suspended because of disability may be summoned to appear before the board, and to submit to an examination to determine fitness for duty. The officer sh…

(40 ILCS 5/3-116.1) (from Ch. 108 1/2, par. 3-116.1) Sec. 3-116.1. Disability pension option. A police officer age 50 or older who is receiving a disability pension may by written application to the board, elect the disability pension option if the period during which a disabilit…

(40 ILCS 5/3-117) (from Ch. 108 1/2, par. 3-117) Sec. 3-117. Police officers over age 50. This Article shall not be construed to require the retirement at age 50 of any police officer capable of performing his or her duties. (Source: P.A. 83-1440.)

(40 ILCS 5/3-117.1) (from Ch. 108 1/2, par. 3-117.1) Sec. 3-117.1. Waiver. A retired police officer or surviving spouse may execute a written waiver of the right to receive all or part of his or her pension. A waiver shall take effect upon its being filed with the board and may b…

(40 ILCS 5/3-120) (from Ch. 108 1/2, par. 3-120) Sec. 3-120. Marriage after retirement. (a) If a police officer marries subsequent to retirement on any pension under this Article other than a pension established under Section 3-109.3, the surviving spouse and the children of such…

(40 ILCS 5/3-121) (from Ch. 108 1/2, par. 3-121) Sec. 3-121. Marriage and remarriage. The pensions provided in Sections 3-112, 3-114.1, 3-114.2, and 3-114.6 shall not be paid to a child or dependent parent after marriage or remarriage of the child or dependent parent following th…

(40 ILCS 5/3-122) (from Ch. 108 1/2, par. 3-122) Sec. 3-122. Pensions to survivors of male and female police officers. All provisions of this Article relating to pensions to a surviving spouse, children or dependent parents of a police officer shall apply with equal force to the …

(40 ILCS 5/3-123) (from Ch. 108 1/2, par. 3-123) Sec. 3-123. Non-resident pensioner. A pensioner under this Article who resides outside of Illinois shall from time to time furnish the board such proof or affidavits as the board may require concerning compliance with the provision…