Chapter 40 — PENSIONS

(40 ILCS 5/3-124) (from Ch. 108 1/2, par. 3-124) Sec. 3-124. Refund. A police officer who is separated from police service after June 30, 1953 with less than 20 years of service is entitled to a refund upon request of all contributions made by the officer to the police pension fu…

(40 ILCS 5/3-124.1) (from Ch. 108 1/2, par. 3-124.1) Sec. 3-124.1. Re-entry into active service. (a) If a police officer who is receiving pension payments other than as provided in Section 3-109.3 re-enters active service, pension payment shall be suspended while he or she is in …

(40 ILCS 5/3-124.2) (from Ch. 108 1/2, par. 3-124.2) Sec. 3-124.2. Deduction for group plans. If a municipality sponsors a group hospital and medical plan which includes retired police officers and their spouses, upon written request of a retired police officer, deductions shall …

(40 ILCS 5/3-124.3) Sec. 3-124.3. Authority of the fund. Subject to Section 3-141.1, the fund shall retain the exclusive authority to adjudicate and award disability benefits pursuant to Sections 3-114.1, 3-114.2, and 3-114.3, retirement benefits pursuant to Section 3-111, and su…

(40 ILCS 5/3-125) (from Ch. 108 1/2, par. 3-125) Sec. 3-125. Financing. (a) The city council or the board of trustees of the municipality shall annually levy a tax upon all the taxable property of the municipality at the rate on the dollar which will produce an amount which, when…

(40 ILCS 5/3-125.1) (from Ch. 108 1/2, par. 3-125.1) Sec. 3-125.1. Contributions by police officers. Each police officer shall contribute to the pension fund the following percentages of salary for the periods stated: Beginning July 1, 1909 and prior to July 23, 1943, 1% (except …

(40 ILCS 5/3-125.2) (from Ch. 108 1/2, par. 3-125.2) Sec. 3-125.2. Pick up of contributions. A municipality may pick up the police officers' contributions required by Section 3-125.1 for all salary earned after December 31, 1981. If a municipality decides not to pick up the contr…

(40 ILCS 5/3-127) (from Ch. 108 1/2, par. 3-127) Sec. 3-127. Reserves. The board shall establish and maintain a reserve to insure the payment of all obligations incurred under this Article excluding retirement annuities established under Section 3-109.3. The reserve to be accumul…

(40 ILCS 5/3-128) (from Ch. 108 1/2, par. 3-128) Sec. 3-128. Board created. A board of 5 members shall constitute a board of trustees to administer the pension fund and to designate the beneficiaries thereof. The board shall be known as the "Board of Trustees of the Police Pensio…

(40 ILCS 5/3-129) (from Ch. 108 1/2, par. 3-129) Sec. 3-129. Rooms. Suitable rooms for board offices and meetings shall be assigned by the mayor or city council or board of trustees of the municipality. (Source: P.A. 83-1440.)

(40 ILCS 5/3-130) (from Ch. 108 1/2, par. 3-130) Sec. 3-130. Board meetings. The board shall hold annually regular quarterly meetings in July, October, January and April, and special meetings as called by the president. At the regular July meeting, the board shall select from its…

(40 ILCS 5/3-131) (from Ch. 108 1/2, par. 3-131) Sec. 3-131. Powers and duties of board. The board shall have the powers and duties stated in Sections 3-132 through 3-140.1 in addition to the other powers and duties provided under this Article. (Source: P.A. 83-1440.)

(40 ILCS 5/3-132) (from Ch. 108 1/2, par. 3-132) Sec. 3-132. To control and manage the Pension Fund. In accordance with the applicable provisions of Articles 1 and 1A and this Article, to control and manage, exclusively, the following: (1) the pension fund, (2) until the board's …

(40 ILCS 5/3-132.1) Sec. 3-132.1. To transfer investment authority to the Police Officers' Pension Investment Fund. As soon as practicable after the effective date of this amendatory Act of the 101st General Assembly, but no later than 30 months after the effective date of this a…

(40 ILCS 5/3-133) (from Ch. 108 1/2, par. 3-133) Sec. 3-133. To order payments and issue certificates. To order the payment of pensions and other benefits and to issue certificates signed by its president and secretary to the beneficiaries stating the amount and purpose of the pa…

(40 ILCS 5/3-134) (from Ch. 108 1/2, par. 3-134) Sec. 3-134. To submit annual list of fund payments. To submit annually to the city council or board of trustees at the close of the municipality's fiscal year, a list of persons entitled to payments from the fund, stating the amoun…

(40 ILCS 5/3-135) (from Ch. 108 1/2, par. 3-135) Sec. 3-135. To invest funds. Beginning January 1, 1998, the board shall invest funds in accordance with Sections 1-113.1 through 1-113.10 of this Code. (Source: P.A. 90-507, eff. 8-22-97.)

(40 ILCS 5/3-136) (from Ch. 108 1/2, par. 3-136) Sec. 3-136. To subpoena witnesses. To compel witnesses to attend and testify before it upon all matters connected with the administration of this Article, in the manner provided by law for the taking of testimony in the circuit cou…

(40 ILCS 5/3-137) (from Ch. 108 1/2, par. 3-137) Sec. 3-137. To appoint clerk. To appoint a clerk and define his duties. No person drawing a pension under this Article shall be employed by the Board. (Source: Laws 1963, p. 161.)

(40 ILCS 5/3-138) (from Ch. 108 1/2, par. 3-138) Sec. 3-138. To pay expenses. To provide for the payment from the fund of all necessary expenses, including clerk hire, printing and witness fees. (Source: Laws 1963, p. 161.)

(40 ILCS 5/3-139) (from Ch. 108 1/2, par. 3-139) Sec. 3-139. To keep records. To keep a public record of all its proceedings. (Source: Laws 1963, p. 161.)

(40 ILCS 5/3-140) (from Ch. 108 1/2, par. 3-140) Sec. 3-140. To make rules. To make necessary rules and regulations in conformity with the provisions of this Article, and to publish and transmit copies from time to time to all pensioners and contributors. (Source: P.A. 83-1440.)…

(40 ILCS 5/3-140.1) (from Ch. 108 1/2, par. 3-140.1) Sec. 3-140.1. To accept donations. To accept by gift, grant, transfer, or bequest, any money, real estate, or personal property. Such money and the proceeds from the sale of or the income from such real estate or personal prope…

(40 ILCS 5/3-141) (from Ch. 108 1/2, par. 3-141) Sec. 3-141. Annual report by treasurer. On the 2nd Tuesday in May annually, the treasurer and all other officials of the municipality who had the custody of any pension funds herein provided, shall make a sworn statement to the pen…

(40 ILCS 5/3-141.1) Sec. 3-141.1. Award of benefits. Prior to the board's determination of benefits, the board shall provide, in writing, the total amount of the annuity for a member and all information used in the calculation of that benefit to the Treasurer of the municipality.…

(40 ILCS 5/3-142) (from Ch. 108 1/2, par. 3-142) Sec. 3-142. Payment of benefits - funds insufficient. Any police officer and any eligible surviving spouse, child or children, or dependent parent of the officer to whom the board has ordered benefits to be paid, shall receive a ye…

(40 ILCS 5/3-143) (from Ch. 108 1/2, par. 3-143) Sec. 3-143. Report by pension board. (a) The pension board shall report annually to the city council or board of trustees of the municipality on the condition of the pension fund at the end of its most recently completed fiscal yea…

(40 ILCS 5/3-144) (from Ch. 108 1/2, par. 3-144) Sec. 3-144. Application to certain police officer's annuity and benefit funds. As of July 20, 1949, the pension fund established under this Article superseded and replaced any annuity and benefit fund in operation under "An Act to …

(40 ILCS 5/3-144.1) (from Ch. 108 1/2, par. 3-144.1) Sec. 3-144.1. All pensions, refunds or disability pension benefits granted under this Article, and every portion thereof, shall be exempt from attachment or garnishment process and shall not be seized, taken, subjected to, deta…

(40 ILCS 5/3-144.2) (from Ch. 108 1/2, par. 3-144.2) Sec. 3-144.2. Mistake in benefit. (a) If the Fund commits a mistake by setting any benefit at an incorrect amount, it shall adjust the benefit to the correct level as soon as may be practicable after the mistake is discovered. …

(40 ILCS 5/3-144.5) Sec. 3-144.5. Fraud. Any person, member, trustee, or employee of the board who knowingly makes any false statement or falsifies or permits to be falsified any record of a fund in any attempt to defraud such fund as a result of such act, or intentionally or kno…

(40 ILCS 5/3-144.6) Sec. 3-144.6. Dissolution and reestablishment of inactive police pension funds. The corporate authorities of a municipality for which a pension fund has been established under this Article may, by resolution or ordinance, dissolve the fund if an independent au…

(40 ILCS 5/3-145) (from Ch. 108 1/2, par. 3-145) Sec. 3-145. Referendum in municipalities less than 5,000. (a) This Article shall not be effective in any municipality having a population of less than 5,000 unless the proposition to adopt the Article is submitted to and approved b…

(40 ILCS 5/3-147) (from Ch. 108 1/2, par. 3-147) Sec. 3-147. Felony conviction. None of the benefits provided in this Article 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 police officer. Non…

(40 ILCS 5/3-148) (from Ch. 108 1/2, par. 3-148) Sec. 3-148. Administrative review. Except as it relates to any time limitation to correct a mistake as provided in Section 3-144.2, the provisions of the Administrative Review Law, and all amendments and modifications thereof and t…

(40 ILCS 5/3-149) (from Ch. 108 1/2, par. 3-149) Sec. 3-149. 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 5/3-150) (from Ch. 108 1/2, par. 3-150) Sec. 3-150. Applicability of home rule powers. A home rule unit, as defined in Article VII of the 1970 Illinois Constitution or any amendment thereto, shall have no power to change, alter, or amend in any way the provisions of this…

(40 ILCS 5/3-152) (from Ch. 108 1/2, par. 3-152) Sec. 3-152. 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 5/4-101) (from Ch. 108 1/2, par. 4-101) Sec. 4-101. Creation of fund. In each municipality as defined in Section 4-103, the city council or the board of trustees, as the case may be, shall establish and administer a firefighters' pension fund as prescribed in this Articl…

(40 ILCS 5/4-102) (from Ch. 108 1/2, par. 4-102) Sec. 4-102. Terms defined. The terms used in this Article have the meanings ascribed to them in Sections 4-103 through 4-106, except when the context otherwise requires. (Source: P.A. 83-1440.)

(40 ILCS 5/4-103) (from Ch. 108 1/2, par. 4-103) Sec. 4-103. Municipality. "Municipality": (1) Any city, township, village or incorporated town of 5,000 or more but less than 500,000 inhabitants, and any fire protection district having any full-time paid firefighters, and (2) any…

(40 ILCS 5/4-104) (from Ch. 108 1/2, par. 4-104) Sec. 4-104. Firemen's pension fund act of 1919. "Firemen's pension fund act of 1919": "An Act to create a firemen's pension fund in cities, incorporated towns, villages, townships and fire protection districts having a population o…

(40 ILCS 5/4-105) (from Ch. 108 1/2, par. 4-105) Sec. 4-105. Board. "Board": The "Board of Trustees of the Firefighters' Pension Fund" of a municipality as established in Section 4-121. (Source: P.A. 83-1440.)

(40 ILCS 5/4-105a) (from Ch. 108 1/2, par. 4-105a) Sec. 4-105a. Deferred Pensioner. "Deferred pensioner": a firefighter who has retired having accumulated enough creditable service to qualify for a pension under this Article but who has not attained the required age for commencem…

(40 ILCS 5/4-105b) (from Ch. 108 1/2, par. 4-105b) Sec. 4-105b. Permanent Disability. "Permanent disability": any physical or mental disability that (1) can be expected to result in death, (2) has lasted for a continuous period of not less than 12 months, or (3) can be expected t…

(40 ILCS 5/4-105c) Sec. 4-105c. Participant. "Participant": A firefighter 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 5/4-105d) Sec. 4-105d. 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. (Source: P.A. 90…

(40 ILCS 5/4-106) (from Ch. 108 1/2, par. 4-106) Sec. 4-106. Firefighter, firefighters. "Firefighter, firefighters": (a) In municipalities which have adopted Division 1 of Article 10 of the Illinois Municipal Code, any person employed in the municipality's fire service as a firef…

(40 ILCS 5/4-106.1) (from Ch. 108 1/2, par. 4-106.1) Sec. 4-106.1. Discontinuation of fire protection district; annexation to fire protection district; dissolution and reestablishment of inactive firefighters' pension funds. (a) Whenever a fire protection district which has estab…

(40 ILCS 5/4-106a) (from Ch. 108 1/2, par. 4-106a) Sec. 4-106a. Gender. The masculine gender wherever used in this Article includes the female gender unless manifestly inconsistent with the context. (Source: P.A. 83-1440.)