Chapter 40 — PENSIONS

(40 ILCS 5/4-133) (from Ch. 108 1/2, par. 4-133) Sec. 4-133. Interest on deposits. If the pension fund, or any part thereof, by order of the board or otherwise, is deposited in any bank or savings and loan association, or loaned, all interest or money which is paid or agreed to b…

(40 ILCS 5/4-134) (from Ch. 108 1/2, par. 4-134) Sec. 4-134. Report for tax levy. (a) The board shall report 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 year. The report shall b…

(40 ILCS 5/4-135) (from Ch. 108 1/2, par. 4-135) Sec. 4-135. Benefits; exempt. No portion of the pension fund shall, either before or after a board's order of distribution to any retired firefighter or his or her beneficiaries, be held, seized, taken subject to, or detained or le…

(40 ILCS 5/4-138) (from Ch. 108 1/2, par. 4-138) Sec. 4-138. Felony conviction. None of the benefits provided under this Article shall be paid to any person who is convicted of any felony relating to or arising out of or in connection with service as a firefighter. None of the be…

(40 ILCS 5/4-138.10) Sec. 4-138.10. 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. The term "mistake" includes a c…

(40 ILCS 5/4-138.5) Sec. 4-138.5. 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 5/4-139) (from Ch. 108 1/2, par. 4-139) Sec. 4-139. Administrative review. Except as it relates to any time limitation to correct a mistake as provided in Section 4-138.10, the provisions of the Administrative Review Law, and all amendments and modifications thereof and …

(40 ILCS 5/4-140) (from Ch. 108 1/2, par. 4-140) Sec. 4-140. 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 5/4-141) (from Ch. 108 1/2, par. 4-141) Sec. 4-141. Referendum in municipalities less than 5,000. This Article shall become effective in any municipality of less than 5,000 population if the proposition to adopt the Article is submitted to and approved by the voters of t…

(40 ILCS 5/4-142) (from Ch. 108 1/2, par. 4-142) Sec. 4-142. 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 5/4-144) (from Ch. 108 1/2, par. 4-144) Sec. 4-144. Savings clause. The repeal or amendment of any Section or provisions of this Article by this amendatory Act of 1984 shall not affect or impair any pension, benefits, rights or credits accrued or in effect prior thereto.…

(40 ILCS 5/5-101) (from Ch. 108 1/2, par. 5-101) Sec. 5-101. Creation of fund. In each city of more than 500,000 inhabitants a policemen's annuity and benefit fund shall be created and maintained for the benefit of its policemen, their widows and children, and of all contributors…

(40 ILCS 5/5-102) (from Ch. 108 1/2, par. 5-102) Sec. 5-102. Terms defined. The terms used in this Article shall have the meanings ascribed to them in Sections 5-103 to 5-120, inclusive, except when the context otherwise requires. (Source: Laws 1963, p. 161.)

(40 ILCS 5/5-103) (from Ch. 108 1/2, par. 5-103) Sec. 5-103. Policemen's annuity and benefit fund act of the Illinois Municipal Code. "Policemen's Annuity and Benefit Fund Act of the Illinois Municipal Code": Division 7 of Article 10 of the Illinois Municipal Code, being a contin…

(40 ILCS 5/5-104) (from Ch. 108 1/2, par. 5-104) Sec. 5-104. Park Policemen's Annuity Act. "Park Policemen's Annuity Act": "An Act to provide for the creation, setting apart, maintenance and administration of a Park Policemen's and Retirement Board Employees' Annuity and Benefit …

(40 ILCS 5/5-105) (from Ch. 108 1/2, par. 5-105) Sec. 5-105. Park policemen's annuity fund. "Park policemen's annuity fund": The annuity and benefit fund created under the Park Policemen's Annuity Act. (Source: Laws 1963, p. 161.)

(40 ILCS 5/5-106) (from Ch. 108 1/2, par. 5-106) Sec. 5-106. Exchange of Functions Act of 1957. "Exchange of Functions Act of 1957": "An Act in relation to an exchange of certain functions, property and personnel among cities, and park districts having coextensive geographic area…

(40 ILCS 5/5-107) (from Ch. 108 1/2, par. 5-107) Sec. 5-107. Effective date. "Effective date": January 1, 1922, for any city covered by the "Policemen's Annuity and Benefit Fund Act of the Illinois Municipal Code" on the date that this Article comes in effect; and January 1 of th…

(40 ILCS 5/5-108) (from Ch. 108 1/2, par. 5-108) Sec. 5-108. Retirement board or the board. "Retirement board" or "the board": The board of trustees of the Policemen's Annuity and Benefit Fund. (Source: Laws 1963, p. 161.)

(40 ILCS 5/5-109) (from Ch. 108 1/2, par. 5-109) Sec. 5-109. Policeman. "Policeman": (a) An employee in the regularly constituted police department of a city appointed and sworn or designated by law as a peace officer with the title of policeman, policewoman, chief surgeon, polic…

(40 ILCS 5/5-109.1) (from Ch. 108 1/2, par. 5-109.1) Sec. 5-109.1. Gender. The masculine gender whenever used in this Article includes the feminine gender and all annuities and benefits applicable to male policemen and their survivors and the contributions to be made for widows' …

(40 ILCS 5/5-110) (from Ch. 108 1/2, par. 5-110) Sec. 5-110. Present employee. "Present employee": Any person employed by a city as a policeman on the day before the effective date, and, effective January 1, 1960, a policeman who qualifies as a present employee under the "Park Po…

(40 ILCS 5/5-111) (from Ch. 108 1/2, par. 5-111) Sec. 5-111. Future entrant. "Future entrant": (a) A person employed by a city as a policeman for the first time on or after the effective date; (b) A former policeman of a city who reenters the police service on or after the effect…

(40 ILCS 5/5-112) (from Ch. 108 1/2, par. 5-112) Sec. 5-112. Active policeman. "Active policeman": A person employed and receiving salary as a policeman. (Source: Laws 1963, p. 161.)

(40 ILCS 5/5-113) (from Ch. 108 1/2, par. 5-113) Sec. 5-113. Act of duty. "Act of duty": Any act of police duty inherently involving special risk, not ordinarily assumed by a citizen in the ordinary walks of life, imposed on a policeman by the statutes of this State or by the ord…

(40 ILCS 5/5-114) (from Ch. 108 1/2, par. 5-114) Sec. 5-114. Salary. "Salary": (a) Annual salary, provided that $2,600 shall be the maximum amount of salary to be considered for any purpose under this Act prior to July 1, 1927. (b) Annual salary, provided that $3,000 shall be the…

(40 ILCS 5/5-115) (from Ch. 108 1/2, par. 5-115) Sec. 5-115. Disability. "Disability": A condition of physical or mental incapacity to perform any assigned duty or duties in the police service. (Source: Laws 1963, p. 161.)

(40 ILCS 5/5-116) (from Ch. 108 1/2, par. 5-116) Sec. 5-116. Withdrawal, withdrawal from service, or withdrawn from service. "Withdrawal", "withdrawal from service", or "withdrawn from service": The discharge or resignation of a policeman. (Source: Laws 1963, p. 161.)

(40 ILCS 5/5-117) (from Ch. 108 1/2, par. 5-117) Sec. 5-117. Assets. "Assets": The total value of cash, securities, and other property less all liabilities. Bonds shall be valued at their amortized book value. (Source: P.A. 78-833.)

(40 ILCS 5/5-118) (from Ch. 108 1/2, par. 5-118) Sec. 5-118. Age. "Age": Age at last birthday preceding the date on which ascertainment of age is necessary to any computation under this Article. (Source: Laws 1963, p. 161.)

(40 ILCS 5/5-119) (from Ch. 108 1/2, par. 5-119) Sec. 5-119. Injury. "Injury": A physical hurt resulting from external force or violence. (Source: Laws 1963, p. 161.)

(40 ILCS 5/5-120) (from Ch. 108 1/2, par. 5-120) Sec. 5-120. Interest. "Interest": (a) Interest at 4% per annum for any policeman who was a participant or a contributor to this fund on December 31, 1953; and (b) interest at 3% per annum for any future entrant not a participant or…

(40 ILCS 5/5-121) (from Ch. 108 1/2, par. 5-121) Sec. 5-121. Annuity. Prior service annuity, age and service annuity, widow's annuity and widow's prior service annuity shall consist of equal monthly payments for life with the first payment payable one month after the occurrence o…

(40 ILCS 5/5-122) (from Ch. 108 1/2, par. 5-122) Sec. 5-122. Prior service annuity. "Prior Service Annuity" shall be credited for present employees for service rendered prior to the effective date in accordance with the provisions of "Policemen's Annuity and Benefit Fund Act of t…

(40 ILCS 5/5-123) (from Ch. 108 1/2, par. 5-123) Sec. 5-123. Age and service annuity. "Age and Service Annuity" shall be provided policemen for service rendered on or after the effective date. (Source: Laws 1963, p. 161.)

(40 ILCS 5/5-124) (from Ch. 108 1/2, par. 5-124) Sec. 5-124. Present employees - Limitation to and amount of prior service annuities in certain cases. A present employee who has a credit on the effective date, for prior service annuity, of an amount sufficient to provide annuity …

(40 ILCS 5/5-125) (from Ch. 108 1/2, par. 5-125) Sec. 5-125. Present employees - Age 57 in service - Amount of annuity. (a) A present employee who attains age 57 or more while in service, having credit from sums accumulated for age and service annuity and prior service annuity su…

(40 ILCS 5/5-126) (from Ch. 108 1/2, par. 5-126) Sec. 5-126. Present employees - Age 50 but less than 57 in service - Age 50 out of service - Amount of annuity. A present employee who (1) attains age 50 or more but less than 57 while in service, having 10 or more years of service…

(40 ILCS 5/5-127) (from Ch. 108 1/2, par. 5-127) Sec. 5-127. Minimum amount of annuity of present employee. Any present employee who withdraws on or after the effective date having at least 20 years of service and for whom the annuity otherwise provided in this Article is less th…

(40 ILCS 5/5-128) (from Ch. 108 1/2, par. 5-128) Sec. 5-128. Future entrants - amount of annuity. When a future entrant withdraws from service, his age and service annuity shall be fixed as of the date of withdrawal. The annuity shall be that provided from the entire sum to his c…

(40 ILCS 5/5-129) (from Ch. 108 1/2, par. 5-129) Sec. 5-129. Future entrants - Age 50 in service - amount of annuity. When a future entrant who attains age 50 or more in service, having 10 or more years of service, withdraws, his age and service annuity shall be fixed as of his a…

(40 ILCS 5/5-129.1) Sec. 5-129.1. Withdrawal at mandatory retirement age - amount of annuity. (a) In lieu of any annuity provided in the other provisions of this Article, a policeman who is required to withdraw from service on or after January 1, 2000 due to attainment of mandato…

(40 ILCS 5/5-130) (from Ch. 108 1/2, par. 5-130) Sec. 5-130. Future entrants - withdrawal before age 50-Amount of annuity. When a future entrant withdraws before age 50 after 10 or more years' service and attains age 50 while not in service, his age and service annuity shall be f…

(40 ILCS 5/5-131) (from Ch. 108 1/2, par. 5-131) Sec. 5-131. Future entrants - Re-entry and new fixation. Except as may be otherwise provided in this Article, no amount of annuity other than that fixed in accordance with Sections 5-129 and 5-130 shall be granted to any future ent…

(40 ILCS 5/5-132) (from Ch. 108 1/2, par. 5-132) Sec. 5-132. Minimum annuity. Any policeman who withdraws on or after July 8, 1957, or any policeman transferred to the police service of the city under the Exchange of Functions Act of 1957 who withdraws on or after July 17, 1959, …

(40 ILCS 5/5-132.2) (from Ch. 108 1/2, par. 5-132.2) Sec. 5-132.2. Reversionary annuity. (a) A policeman, prior to retirement on annuity, may elect to take a lesser amount of annuity and provide, with the actuarial value of the amount by which his annuity is reduced, a reversiona…

(40 ILCS 5/5-133) (from Ch. 108 1/2, par. 5-133) Sec. 5-133. Widow's prior service annuity. "Widow's Prior Service Annuity" shall be credited for the widow of a male present employee for service prior to the effective date, in accordance with the "Policemen's Annuity and Benefit …

(40 ILCS 5/5-134) (from Ch. 108 1/2, par. 5-134) Sec. 5-134. Widow's annuity. "Widow's Annuity" shall be provided for the widows of policemen for service after the effective date. (Source: Laws 1963, p. 161.)

(40 ILCS 5/5-135) (from Ch. 108 1/2, par. 5-135) Sec. 5-135. Amount of present employee's widow's annuity on effective date. The amount of annuity for the wife of a present employee who attains age 57 or more on or before the effective date shall be fixed on the effective date as…

(40 ILCS 5/5-136) (from Ch. 108 1/2, par. 5-136) Sec. 5-136. Widow's annuity - all employees attaining age 57 in service. The annuity for the wife of an employee who attains age 57 in service, and who thereafter withdraws from or dies in service, shall be fixed, in the case of a …