Chapter 40, PENSIONS

(40 ILCS 5/2-143) (from Ch. 108 1/2, par. 2-143) Sec. 2-143. To establish rules. To establish rules necessary for the efficient administration of the system. (Source: Laws 1963, p. 161.)

(40 ILCS 5/2-144) (from Ch. 108 1/2, par. 2-144) Sec. 2-144. Secretary. The secretary shall be in charge of the administration of the detailed affairs of the system and, in addition to such other powers and duties as are delegated by the board, shall: (1) Collect and record the r…

(40 ILCS 5/2-145) (from Ch. 108 1/2, par. 2-145) Sec. 2-145. Treasurer. The State Treasurer shall be ex-officio the treasurer of the system and shall: (1) Act as official custodian of the cash and securities of the system and provide adequate safe deposit facilities for the prese…

(40 ILCS 5/2-146) (from Ch. 108 1/2, par. 2-146) Sec. 2-146. Actuary. The actuary shall be the technical advisor of the board and, in addition to supplying general information on technical matters, shall: (1) Make an investigation at least once every 3 years of the mortality, ret…

(40 ILCS 5/2-147) (from Ch. 108 1/2, par. 2-147) Sec. 2-147. State Comptroller. The State Comptroller in drawing salary warrants on payroll vouchers for members shall draw such warrants to participants for the salary specified less the member contributions to be deducted, as cert…

(40 ILCS 5/2-148) (from Ch. 108 1/2, par. 2-148) Sec. 2-148. Speaker of House - President of Senate. The Speaker of the House and the President of the Senate, in the preparation of payroll vouchers for payments of salary to participants, shall indicate in addition to other things…

(40 ILCS 5/2-149) (from Ch. 108 1/2, par. 2-149) Sec. 2-149. Authorization. Each participant shall, by virtue of the payment of the participant contributions paid to the system, receive a vested interest in the refunds provided herein, and in consideration of such vested interest…

(40 ILCS 5/2-150) (from Ch. 108 1/2, par. 2-150) Sec. 2-150. Retirement Systems Reciprocal Act. The "Retirement Systems Reciprocal Act", being Article 20 of this Code, is adopted, and made a part of this Article; provided, (1) that where there is a direct conflict in the provisio…

(40 ILCS 5/2-151) (from Ch. 108 1/2, par. 2-151) Sec. 2-151. No compensation. Trustees shall serve without compensation, but shall be reimbursed for reasonable traveling expenses incurred in attending meetings of the board. (Source: P.A. 83-1440.)

(40 ILCS 5/2-152) (from Ch. 108 1/2, par. 2-152) Sec. 2-152. No monetary gain on investments. No trustee or employee of the board shall have any direct interest in the income, gains or profits of any investments made in behalf of the system, nor receive any pay or emolument for s…

(40 ILCS 5/2-153) (from Ch. 108 1/2, par. 2-153) Sec. 2-153. Undivided interest. The assets of the system shall be invested as one fund, and no particular person, group of persons or entity shall have any right in any specific security or property, or in any item of cash, other t…

(40 ILCS 5/2-154) (from Ch. 108 1/2, par. 2-154) Sec. 2-154. Assignment. Except as provided in this Article, all moneys in the fund created by this Article, and all securities and other property of the System, and all annuities and other benefits payable under this Article, and a…

(40 ILCS 5/2-155) (from Ch. 108 1/2, par. 2-155) Sec. 2-155. Fraud. Any person who knowingly makes any false statement, or falsifies or permits to be falsified any record of this system, in any attempt to defraud the system, is guilty of a petty offense. (Source: P.A. 77-2560.)…

(40 ILCS 5/2-155.1) Sec. 2-155.1. Mistake in benefit. If the System mistakenly sets any benefit at an incorrect amount, it shall recalculate the benefit as soon as may be practicable after the mistake is discovered. If the benefit was mistakenly set too low, the System shall make…

(40 ILCS 5/2-156) (from Ch. 108 1/2, par. 2-156) Sec. 2-156. Felony conviction. None of the benefits herein provided for shall be paid to any person who is convicted of any felony relating to or arising out of or in connection with his or her service as a member. None of the bene…

(40 ILCS 5/2-157) (from Ch. 108 1/2, par. 2-157) Sec. 2-157. Administrative review. The provisions of the Administrative Review Law, and all amendments and modifications thereof and the rules adopted pursuant thereto, shall apply to and govern all proceedings for the judicial rev…

(40 ILCS 5/2-158) (from Ch. 108 1/2, par. 2-158) Sec. 2-158. General provisions and savings clause. The provisions of Article 1 and Article 23 of this Code apply to this Article as though such provisions were fully set forth in this Article as a part thereof. (Source: Laws 1963, …

(40 ILCS 5/2-160) (from Ch. 108 1/2, par. 2-160) Sec. 2-160. Savings clause. The repeal or amendment of any Section or provision of this Article by this amendatory Act of 1984 shall not affect or impair any pensions, benefits, rights or credits accrued or in effect prior thereto.…

(40 ILCS 5/2-161) (from Ch. 108 1/2, par. 2-161) Sec. 2-161. Application of amendments. The amendments to Sections 2-119.1 and 2-126 of this Code made by this amendatory Act of 1993 shall apply to persons who are active contributors to this System on or after November 30, 1992. A…

(40 ILCS 5/2-162) Sec. 2-162. Application and expiration of new benefit increases. (a) As used in this Section, "new benefit increase" means an increase in the amount of any benefit provided under this Article, or an expansion of the conditions of eligibility for any benefit unde…

(40 ILCS 5/2-163) Sec. 2-163. Termination of plan. Upon plan termination, a participant's interest in the pension fund will be nonforfeitable. (Source: P.A. 98-1117, eff. 8-26-14.)

(40 ILCS 5/3-101) (from Ch. 108 1/2, par. 3-101) Sec. 3-101. Creation of fund. In each municipality, as defined in Section 3-103, the city council or the board of trustees, as the case may be, shall establish and administer a police pension fund, as prescribed in this Article, fo…

(40 ILCS 5/3-102) (from Ch. 108 1/2, par. 3-102) Sec. 3-102. Terms defined. The terms used in this Article have the meanings ascribed to them in Sections 3-103 through 3-108.3, except when the context otherwise requires. (Source: P.A. 90-507, eff. 8-22-97.)

(40 ILCS 5/3-103) (from Ch. 108 1/2, par. 3-103) Sec. 3-103. Municipality. "Municipality": (1) Any city, village or incorporated town of 5,000 or more but less than 500,000 inhabitants, as determined from the United States Government statistics or a census taken at any time by th…

(40 ILCS 5/3-105) (from Ch. 108 1/2, par. 3-105) Sec. 3-105. Board. "Board": The board of trustees of the police pension fund of a municipality as established in Section 3-128. (Source: P.A. 83-1440.)

(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…