Chapter 40 — PENSIONS

(40 ILCS 5/4-107) (from Ch. 108 1/2, par. 4-107) Sec. 4-107. Qualifications. (a) A firefighter who has not contributed to the fund during the entire period of service, to be entitled to the benefits of this Article, must contribute to the fund the amount he or she would have paid…

(40 ILCS 5/4-108) (from Ch. 108 1/2, par. 4-108) Sec. 4-108. Creditable service. (a) Creditable service is the time served as a firefighter of a municipality. In computing creditable service, furloughs and leaves of absence without pay exceeding 30 days in any one year shall not …

(40 ILCS 5/4-108.1) (from Ch. 108 1/2, par. 4-108.1) Sec. 4-108.1. Transfer of creditable service to General Assembly Retirement System. (a) Any active member of the General Assembly Retirement System may apply for transfer of credits and creditable service accumulated in any fir…

(40 ILCS 5/4-108.2) (from Ch. 108 1/2, par. 4-108.2) Sec. 4-108.2. 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 5/4-108.3) (from Ch. 108 1/2, par. 4-108.3) Sec. 4-108.3. (a) Until July 1, 1989, any active member of the Illinois Municipal Retirement Fund who is a county sheriff may apply for transfer of up to 80 months of creditable service accumulated in any pension fund establish…

(40 ILCS 5/4-108.4) Sec. 4-108.4. Transfer of creditable service from Article 7 fund. (a) Any firefighter who was excluded from participation in an Article 4 fund because the firefighter earned credit for that service under Article 7 of this Code and who is a participant in the I…

(40 ILCS 5/4-108.5) Sec. 4-108.5. Service for providing certain fire protection services. (a) A firefighter for a participating municipality who was employed as an active firefighter providing fire protection for a village or incorporated town with a population of greater than 10…

(40 ILCS 5/4-108.6) Sec. 4-108.6. Transfer of creditable service to the Firemen's Annuity and Benefit Fund of Chicago. (a) Until 6 months after the effective date of this amendatory Act of the 100th General Assembly, any active member of the Firemen's Annuity and Benefit Fund of …

(40 ILCS 5/4-108.7) Sec. 4-108.7. Transfer of creditable service from the Firemen's Annuity and Benefit Fund of Chicago. Until 6 months after the effective date of this amendatory Act of the 101st General Assembly, any active participant in a fund established under this Article m…

(40 ILCS 5/4-108.8) Sec. 4-108.8. Transfer of creditable service to the State Employees' Retirement System. (a) Any active member of the State Employees' Retirement System who is an arson investigator, investigator for the Department of Revenue, investigator for the Illinois Gami…

(40 ILCS 5/4-108.9) Sec. 4-108.9. Transfer to Article 3 fund. (a) At any time during the 6 months following the effective date of this amendatory Act of the 104th General Assembly, an active member of an Article 3 police pension fund may apply for transfer to that fund of up to 8…

(40 ILCS 5/4-109) (from Ch. 108 1/2, par. 4-109) Sec. 4-109. Pension. (a) A firefighter age 50 or more with 20 or more years of creditable service, who is no longer in service as a firefighter, shall receive a monthly pension of 1/2 the monthly salary attached to the rank held by…

(40 ILCS 5/4-109.1) (from Ch. 108 1/2, par. 4-109.1) Sec. 4-109.1. Increase in pension. (a) Except as provided in subsection (e), the monthly pension of a firefighter who retires after July 1, 1971 and prior to January 1, 1986, shall, upon either the first of the month following …

(40 ILCS 5/4-109.2) (from Ch. 108 1/2, par. 4-109.2) Sec. 4-109.2. Minimum pension. (a) Beginning January 1, 1984, the minimum disability pension granted under Section 4-110 or 4-111, the minimum surviving spouse's pension, and the minimum retirement pension granted to a firefigh…

(40 ILCS 5/4-109.3) Sec. 4-109.3. Employee creditable service. (a) As used in this Section: "Final monthly salary" means the monthly salary attached to the rank held by the firefighter at the time of his or her last withdrawal from service under a particular pension fund. "Last p…

(40 ILCS 5/4-110) (from Ch. 108 1/2, par. 4-110) Sec. 4-110. Disability pension - Line of duty. If a firefighter, as the result of sickness, accident or injury incurred in or resulting from the performance of an act of duty or from the cumulative effects of acts of duty, is found…

(40 ILCS 5/4-110.1) (from Ch. 108 1/2, par. 4-110.1) Sec. 4-110.1. Occupational disease disability pension. The General Assembly finds that service in the fire department requires firefighters in times of stress and danger to perform unusual tasks; that firefighters are subject t…

(40 ILCS 5/4-110.2) Sec. 4-110.2. Secondary employer injury and exposure reporting. The fire chief of a secondary employer, as described in Section 4-118, shall report any injury, illness, or exposure incurred by a secondary employee during his or her employment to the primary em…

(40 ILCS 5/4-111) (from Ch. 108 1/2, par. 4-111) Sec. 4-111. Disability pension - Not in duty. A firefighter having at least 7 years of creditable service who becomes disabled as a result of any cause other than an act of duty, and who is found, pursuant to Section 4-112, to be p…

(40 ILCS 5/4-112) (from Ch. 108 1/2, par. 4-112) Sec. 4-112. Determination of disability; restoration to active service; disability cannot constitute cause for discharge. A disability pension shall not be paid until disability has been established by the board by examinations of …

(40 ILCS 5/4-113) (from Ch. 108 1/2, par. 4-113) Sec. 4-113. Disability pension option. (a) A firefighter who has not completed 20 years of creditable service and is receiving a disability pension under this Article whose disability continues for a period which when added to his …

(40 ILCS 5/4-114) (from Ch. 108 1/2, par. 4-114) Sec. 4-114. Pension to survivors. If a firefighter who is not receiving a disability pension under Section 4-110 or 4-110.1 dies (1) as a result of any illness or accident, or (2) from any cause while in receipt of a disability pen…

(40 ILCS 5/4-114.1) (from Ch. 108 1/2, par. 4-114.1) Sec. 4-114.1. Pensions to survivors of male and female firefighters. All provisions of this Article relating to pensions to a surviving spouse, children or dependent parents of a firefighter apply with equal force to the surviv…

(40 ILCS 5/4-114.2) (from Ch. 108 1/2, par. 4-114.2) Sec. 4-114.2. 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 5/4-115) (from Ch. 108 1/2, par. 4-115) Sec. 4-115. Marriage after retirement. (a) If a firefighter marries subsequent to the date of his or her retirement with any pension under this Article, and dies less than 12 months after the marriage, a surviving spouse shall rece…

(40 ILCS 5/4-115.1) (from Ch. 108 1/2, par. 4-115.1) Sec. 4-115.1. Eligibility of children. Dependent benefits shall be paid to each natural child of a deceased firefighter, and to each child legally adopted, until the child's attainment of age 18 or marriage, whichever occurs fi…

(40 ILCS 5/4-115.2) Sec. 4-115.2. 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 5/4-116) (from Ch. 108 1/2, par. 4-116) Sec. 4-116. Refund. A firefighter with less than 20 years of service who (1) resigns or is discharged, or has been involuntarily laid off for other than disciplinary reasons for more than 180 calendar days, and (2) has not received…

(40 ILCS 5/4-117) (from Ch. 108 1/2, par. 4-117) Sec. 4-117. Reentry into active service. (a) If a firefighter receiving pension payments reenters active service, pension payments shall be suspended while he or she is in service. If the firefighter again retires or is discharged,…

(40 ILCS 5/4-117.1) (from Ch. 108 1/2, par. 4-117.1) Sec. 4-117.1. Deduction for group plans. If a municipality sponsors a group hospital and medical plan which includes retired firefighters and their spouses, upon written request of a retired firefighter, deductions shall be mad…

(40 ILCS 5/4-117.2) Sec. 4-117.2. Authority of the fund. The fund shall retain the exclusive authority to adjudicate and award disability benefits, retirement benefits, and survivor benefits under this Article and to issue refunds under this Article. The exclusive method of judic…

(40 ILCS 5/4-118) (from Ch. 108 1/2, par. 4-118) Sec. 4-118. 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 5/4-118.1) (from Ch. 108 1/2, par. 4-118.1) Sec. 4-118.1. Contributions by firefighters. (a) Beginning January 1, 1976 and until the effective date of this amendatory Act of the 91st General Assembly, each firefighter shall contribute to the pension fund 6 3/4% of salary…

(40 ILCS 5/4-118.2) (from Ch. 108 1/2, par. 4-118.2) Sec. 4-118.2. Pick up of contributions. A municipality may pick up the firefighters' contributions required by Section 4-118.1 for all salary earned after December 31, 1981. If a municipality decides not to pick up the contribu…

(40 ILCS 5/4-120) (from Ch. 108 1/2, par. 4-120) Sec. 4-120. Reserves. The board shall establish and maintain a reserve to insure the payment of all obligations incurred under this Article. The reserve to be accumulated shall be equal to the estimated total actuarial requirements…

(40 ILCS 5/4-121) (from Ch. 108 1/2, par. 4-121) Sec. 4-121. Board created. There is created in each municipality or fire protection district a board of trustees to be known as the "Board of Trustees of the Firefighters' Pension Fund". The membership of the board for each municip…

(40 ILCS 5/4-122) (from Ch. 108 1/2, par. 4-122) Sec. 4-122. Powers and duties of board. The board shall have the powers and duties stated in Sections 4-123 through 4-129.1, in addition to the other powers and duties provided under this Article. (Source: P.A. 83-1440.)

(40 ILCS 5/4-123) (from Ch. 108 1/2, par. 4-123) Sec. 4-123. 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 5/4-123.1) (from Ch. 108 1/2, par. 4-123.1) Sec. 4-123.1. 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 before the c…

(40 ILCS 5/4-123.2) Sec. 4-123.2. To transfer investment authority to the Firefighters' 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 amen…

(40 ILCS 5/4-124) (from Ch. 108 1/2, par. 4-124) Sec. 4-124. To enforce contributions. To assess each firefighter the contributions required under Section 4-118.1. The contributions deducted from salaries, together with all interest accruing thereon, shall be placed by the treasu…

(40 ILCS 5/4-125) (from Ch. 108 1/2, par. 4-125) Sec. 4-125. To hear and determine applications and to order payments. To hear and decide all applications for pensions and other benefits under this Article and to order and direct the payment of pensions and other benefits. The fi…

(40 ILCS 5/4-126) (from Ch. 108 1/2, par. 4-126) Sec. 4-126. To make rules. To make all rules and regulations necessary for the discharge of its duties. (Source: Laws 1963, p. 161.)

(40 ILCS 5/4-127) (from Ch. 108 1/2, par. 4-127) Sec. 4-127. To pay expenses. To provide for the payment from the fund of all necessary expenses of the Board. (Source: Laws 1963, p. 161.)

(40 ILCS 5/4-128) (from Ch. 108 1/2, par. 4-128) Sec. 4-128. 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 5/4-129) (from Ch. 108 1/2, par. 4-129) Sec. 4-129. To keep records. To keep a record of all its meetings and proceedings. (Source: Laws 1963, p. 161.)

(40 ILCS 5/4-129.1) (from Ch. 108 1/2, par. 4-129.1) Sec. 4-129.1. 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 income from such real estate or personal property sh…

(40 ILCS 5/4-130) (from Ch. 108 1/2, par. 4-130) Sec. 4-130. Treasurer of the Board. The treasurer of the municipality shall be the treasurer of the board and the custodian of the pension fund, and shall secure and safely keep the fund's assets, subject to the control and directi…

(40 ILCS 5/4-131) (from Ch. 108 1/2, par. 4-131) Sec. 4-131. Warrants. The mayor or president of the board of trustees and clerk, secretary, or the comptroller, if there be one, and the officer or officers of the municipality, who are authorized by law to draw warrants upon the t…

(40 ILCS 5/4-132) (from Ch. 108 1/2, par. 4-132) Sec. 4-132. Disbursements. Payments from the pension fund shall be made by the treasurer of the board only upon warrants signed by the president of the board and countersigned by its secretary. No warrant shall be drawn except by o…