Chapter 40 — PENSIONS

(40 ILCS 5/6-210.1) (from Ch. 108 1/2, par. 6-210.1) Sec. 6-210.1. Credit for former employment with the fire department. (a) Any fireman who (1) accumulated service credit in the Article 8 fund for service as an employee of the Chicago Fire Department and (2) has terminated that…

(40 ILCS 5/6-210.2) Sec. 6-210.2. City contributions for paramedics. Municipality credits computed and credited under Article 8 for all firemen who (1) accumulated service credit in the Article 8 fund for service as a paramedic, (2) have terminated that Article 8 service credit a…

(40 ILCS 5/6-210.3) Sec. 6-210.3. Payments and rollovers. (a) The Board may adopt rules prescribing the manner of repaying refunds and purchasing any other credits permitted under this Article. The rules may prescribe the manner of calculating interest when payments or repayments…

(40 ILCS 5/6-210.4) Sec. 6-210.4. Creditable service for pre-employment military service. An active fireman may establish a maximum of 24 months of additional service credit attributed to service in the armed forces of the United States that was served prior to employment by the …

(40 ILCS 5/6-211) (from Ch. 108 1/2, par. 6-211) Sec. 6-211. Permanent and temporary positions; exempt positions above career service rank. (a) Except as specified in subsection (b), no annuity, pension or other benefit shall be paid to a fireman or widow, under this Article, bas…

(40 ILCS 5/6-212) (from Ch. 108 1/2, par. 6-212) Sec. 6-212. Firemen in territory annexed to city. Whenever any territory is annexed to a city, any person then regularly employed as a paid fireman in the annexed territory, who is employed as a fireman by the city on the date of a…

(40 ILCS 5/6-213) (from Ch. 108 1/2, par. 6-213) Sec. 6-213. Annuities, etc., exempt. All pensions, annuities, refunds and disability benefits granted under this Article and every portion thereof, are exempt from attachment or garnishment process and shall not be seized, taken, s…

(40 ILCS 5/6-214) (from Ch. 108 1/2, par. 6-214) Sec. 6-214. No compensation. A member of a board of trustees of an annuity and benefit fund provided for in this Article shall not receive any moneys from a pension fund as salary for service performed as a member or employee of su…

(40 ILCS 5/6-215) (from Ch. 108 1/2, par. 6-215) Sec. 6-215. No commissions on investments. No member of the board of trustees and no person officially connected with the board, either as an employee, or as legal advisor thereof, or as a custodian of the fund, shall receive any c…

(40 ILCS 5/6-216) (from Ch. 108 1/2, par. 6-216) Sec. 6-216. Facilities for board meetings. Suitable rooms for office and meetings of the board of trustees of an annuity and benefit fund provided for in this Article shall be provided by the mayor of the city. (Source: Laws 1963, …

(40 ILCS 5/6-217) (from Ch. 108 1/2, par. 6-217) Sec. 6-217. Age stated in employment application to be conclusive. For any fireman, as defined in this Article, who has filed an application for appointment as a member of the fire department of the city, the age therein stated sha…

(40 ILCS 5/6-218) (from Ch. 108 1/2, par. 6-218) Sec. 6-218. Duties of city officers. It shall be the duty of the proper officers of the city to: (a) Deduct the sums required by this Article from the salaries of firemen, as defined in this Article, and pay such sums to the board …

(40 ILCS 5/6-219) (from Ch. 108 1/2, par. 6-219) Sec. 6-219. Duty to comply with article. It shall be the duty of all officers, officials, and employees of such city to perform any and all acts required to carry out the intent and purposes of this Article. (Source: Laws 1963, p. …

(40 ILCS 5/6-220) (from Ch. 108 1/2, par. 6-220) Sec. 6-220. Examination and report by Director of Insurance. The Director of Insurance biennially shall make a thorough examination of the fund provided for in this Article. He or she shall report the results thereof with such reco…

(40 ILCS 5/6-221) (from Ch. 108 1/2, par. 6-221) Sec. 6-221. 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 service as a fireman. None of the benef…

(40 ILCS 5/6-222) (from Ch. 108 1/2, par. 6-222) Sec. 6-222. Administrative review. (a) 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 …

(40 ILCS 5/6-223) (from Ch. 108 1/2, par. 6-223) Sec. 6-223. 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 5/6-224) (from Ch. 108 1/2, par. 6-224) Sec. 6-224. (a) Any active member of the General Assembly Retirement System may apply for transfer of his credits and creditable service accumulated under this Fund to the General Assembly System. Such credits and creditable servic…

(40 ILCS 5/6-225) (from Ch. 108 1/2, par. 6-225) Sec. 6-225. (a) Persons otherwise required or eligible to participate in the Fund who elect to continue participation in the General Assembly System under Section 2-117.1 may not participate in the Fund for the duration of such con…

(40 ILCS 5/6-226) (from Ch. 108 1/2, par. 6-226) Sec. 6-226. 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 the pension fund estab…

(40 ILCS 5/6-227) Sec. 6-227. Transfer of creditable service from Article 4. 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 Chicago may transfer to the Fund up to a total…

(40 ILCS 5/6-227.1) Sec. 6-227.1. Transfer of creditable service to Article 4. (a) Until 6 months after the effective date of this amendatory Act of the 101st General Assembly, any active participant in an Article 4 pension fund may apply for transfer of creditable service accumu…

(40 ILCS 5/6-228) Sec. 6-228. Action by Fund against third party; subrogation. In those cases where the injury or death for which a disability or death benefit is payable under this Article was caused under circumstances creating a legal liability on the part of some person or en…

(40 ILCS 5/6-229) Sec. 6-229. Provisions applicable to new hires; Tier 2. (a) Notwithstanding any other provision of this Article, the provisions of this Section apply to a person who first becomes a fireman under this Article on or after January 1, 2011, and to certain qualified…

(40 ILCS 5/6-230) Sec. 6-230. Participation by an alderperson or member of city council. (a) A person shall be a member under this Article if he or she (1) is or was employed and receiving a salary as a fireman under item (a) of Section 6-106, (2) has at least 5 years of service …

(40 ILCS 5/7-101) (from Ch. 108 1/2, par. 7-101) Sec. 7-101. Creation of fund. A retirement and benefit fund to be known as the "Illinois Municipal Retirement Fund" is hereby created. (Source: Laws 1963, p. 161.)

(40 ILCS 5/7-102) (from Ch. 108 1/2, par. 7-102) Sec. 7-102. Purpose. The purpose of this fund is to provide a sound and efficient system for the payment of annuities and other benefits, in addition to the annuities and benefits available, as herein provided, under the Federal So…

(40 ILCS 5/7-103) (from Ch. 108 1/2, par. 7-103) Sec. 7-103. Terms defined. The terms used in this Article have the meanings ascribed to them in Sections 7-104 to 7-131, inclusive, except when the context otherwise requires. (Source: Laws 1963, p. 161.)

(40 ILCS 5/7-104) (from Ch. 108 1/2, par. 7-104) Sec. 7-104. Fund. "Fund": The Illinois Municipal Retirement Fund. (Source: Laws 1963, p. 161.)

(40 ILCS 5/7-105) (from Ch. 108 1/2, par. 7-105) Sec. 7-105. "Municipality": A city, village, incorporated town, county, township; a Financial Oversight Panel established pursuant to Article 1H of the School Code; and any school, park, sanitary, road, forest preserve, water, fire…

(40 ILCS 5/7-106) (from Ch. 108 1/2, par. 7-106) Sec. 7-106. Participating municipality. "Participating municipality": Any municipality included within this fund in accordance with Section 7-132. (Source: Laws 1963, p. 161.)

(40 ILCS 5/7-107) (from Ch. 108 1/2, par. 7-107) Sec. 7-107. Instrumentality. "Instrumentality": Any body, corporate or politic, or any legal entity, other than a municipality, having power to appropriate for, or to authorize expenditures for, payment of earnings to employees fro…

(40 ILCS 5/7-108) (from Ch. 108 1/2, par. 7-108) Sec. 7-108. "Participating Instrumentality". (a) A political entity created under the laws of the State of Illinois, without general continuous power to levy taxes, and which is legally separate and distinct from the State of Illin…

(40 ILCS 5/7-109) (from Ch. 108 1/2, par. 7-109) Sec. 7-109. Employee. (1) "Employee" means any person who: (a) 1. Receives earnings as payment for the performance of personal services or official duties out of the general fund of a municipality, or out of any special fund or fun…

(40 ILCS 5/7-109.1) (from Ch. 108 1/2, par. 7-109.1) Sec. 7-109.1. "Seasonal Employee": An employee whose position normally requires regular service during a period of at least 6 consecutive months, but less than 12 months, in a 12 month period. (Source: Laws 1967, p. 2091.)

(40 ILCS 5/7-109.2) (from Ch. 108 1/2, par. 7-109.2) Sec. 7-109.2. "Intermittent Employee": An employee, whose position normally requires service intermittently, rather than regularly, and a person whose position normally requires regular service for a period of less than 6 conse…

(40 ILCS 5/7-109.3) (from Ch. 108 1/2, par. 7-109.3) Sec. 7-109.3. "Sheriff's Law Enforcement Employees". (a) "Sheriff's law enforcement employee" or "SLEP" means: (1) A county sheriff and all deputies, other than special deputies, employed on a full time basis in the office of t…

(40 ILCS 5/7-109.4) Sec. 7-109.4. Tier 1 regular employee. "Tier 1 regular employee" means a participant or an annuitant under this Article who first became a participant or member before January 1, 2011 under any retirement system or pension fund under this Code, other than a re…

(40 ILCS 5/7-109.5) Sec. 7-109.5. Tier 2 regular employee. "Tier 2 regular employee" means a person who first becomes a participant under this Article on or after January 1, 2011 and is not a Tier 1 regular employee. Notwithstanding anything contrary in this Section, "Tier 2 regu…

(40 ILCS 5/7-110) (from Ch. 108 1/2, par. 7-110) Sec. 7-110. Participating employee. "Participating employee": Any person included within this fund, and eligible to benefits therefrom, as provided in Section 7-137. (Source: Laws 1963, p. 161.)

(40 ILCS 5/7-111) (from Ch. 108 1/2, par. 7-111) Sec. 7-111. "Prior Service": The period beginning on the day a participating employee first became an employee of a municipality, or of an instrumentality thereof, or of a municipality or instrumentality that was superseded by the …

(40 ILCS 5/7-111.5) Sec. 7-111.5. "Omitted service": The period of service with a participating municipality or participating instrumentality during which an employee was required to participate in the Fund, but was not actually enrolled. (Source: P.A. 98-932, eff. 8-15-14.)

(40 ILCS 5/7-112) (from Ch. 108 1/2, par. 7-112) Sec. 7-112. "Current Service": The period beginning on the day an employee first becomes a participating employee and ending on the day of the latest separation from service of all participating municipalities, and instrumentalitie…

(40 ILCS 5/7-113) (from Ch. 108 1/2, par. 7-113) Sec. 7-113. "Creditable Service": All periods of prior service or current service for which credits are granted under the provisions of Section 7-139. (Source: P.A. 90-448, eff. 8-16-97.)

(40 ILCS 5/7-114) (from Ch. 108 1/2, par. 7-114) Sec. 7-114. Earnings. "Earnings": (a) An amount to be determined by the board, equal to the sum of: 1. The total amount of money paid to an employee for personal services or official duties as an employee (except those employed as …

(40 ILCS 5/7-115) (from Ch. 108 1/2, par. 7-115) Sec. 7-115. Rate of earnings. "Rate of earnings": The actual rate upon which the earnings of an employee are calculated at any time, as certified in a written notice, on file with the board, by the governing body of the municipalit…

(40 ILCS 5/7-116) (from Ch. 108 1/2, par. 7-116) Sec. 7-116. "Final rate of earnings": (a) For retirement and survivor annuities, the monthly earnings obtained by dividing the total earnings received by the employee during the period of either (1) for Tier 1 regular employees, th…

(40 ILCS 5/7-117) (from Ch. 108 1/2, par. 7-117) Sec. 7-117. Annuitant. "Annuitant": A person receiving an annuity from this fund. (Source: Laws 1963, p. 161.)

(40 ILCS 5/7-118) (from Ch. 108 1/2, par. 7-118) Sec. 7-118. "Beneficiary". (a) "Beneficiary" means: (1) Any person or persons, trust, or charity designated as a beneficiary by an employee, former employee who has not yet received a retirement annuity or separation benefit, or em…

(40 ILCS 5/7-119) (from Ch. 108 1/2, par. 7-119) Sec. 7-119. Annuity. "Annuity": A series of equal monthly payments, payable as of the first day of each calendar month during the life of an annuitant, the first payment to be made as of the first day of the calendar month coincide…