Chapter 40, PENSIONS

(40 ILCS 5/3-110.6) (from Ch. 108 1/2, par. 3-110.6) Sec. 3-110.6. Transfer to Article 14 System. (a) Any active member of the State Employees' Retirement System who is a State policeman, an investigator for the Secretary of State, a conservation police officer, an investigator f…

(40 ILCS 5/3-110.7) Sec. 3-110.7. Transfer between Article 3 funds. (a) An active member of a pension fund established under this Article may apply for transfer to that fund of his or her creditable service and related contributions accumulated in any other police pension fund es…

(40 ILCS 5/3-110.8) Sec. 3-110.8. Transfer to IMRF. (a) Until 60 days after the effective date of this amendatory Act of the 97th General Assembly, any active member of the Illinois Municipal Retirement Fund may apply to transfer up to 10 years of creditable service in a police p…

(40 ILCS 5/3-110.9) Sec. 3-110.9. Transfer to Article 9. (a) Until 6 months after the effective date of this amendatory Act of the 95th General Assembly, any active member of a pension fund established under Article 9 of this Code may apply for transfer of up to 6 years of his or…

(40 ILCS 5/3-111) (from Ch. 108 1/2, par. 3-111) Sec. 3-111. Pension. (a) A police officer age 50 or more with 20 or more years of creditable service, who is not a participant in the self-managed plan under Section 3-109.3 and who is no longer in service as a police officer, shal…

(40 ILCS 5/3-111.1) (from Ch. 108 1/2, par. 3-111.1) Sec. 3-111.1. Increase in pension. (a) Except as provided in subsection (e), the monthly pension of a police officer who retires after July 1, 1971, and prior to January 1, 1986, shall be increased, upon either the first of the…

(40 ILCS 5/3-111.5) Sec. 3-111.5. Membership date; previous IMRF service with the same municipality. A police officer who previously participated in the Illinois Municipal Retirement Fund (IMRF) for service as a member of the police department of a municipality and was transferre…

(40 ILCS 5/3-112) (from Ch. 108 1/2, par. 3-112) Sec. 3-112. Pension to survivors. (a) Upon the death of a police officer entitled to a pension under Section 3-111, the surviving spouse shall be entitled to the pension to which the police officer was then entitled. Upon the death…

(40 ILCS 5/3-113.1) Sec. 3-113.1. Minimum retirement, survivor, and disability pensions. (a) Beginning January 1, 1999, the minimum retirement pension payable to a police officer with 20 or more years of creditable service, the minimum disability pension payable under Section 3-1…

(40 ILCS 5/3-113.2) Sec. 3-113.2. 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 5/3-114.1) (from Ch. 108 1/2, par. 3-114.1) Sec. 3-114.1. Disability pension - Line of duty. (a) If a police officer as the result of sickness, accident or injury incurred in or resulting from the performance of an act of duty, is found to be physically or mentally disab…

(40 ILCS 5/3-114.2) (from Ch. 108 1/2, par. 3-114.2) Sec. 3-114.2. Disability pension - Not on duty. A police officer who becomes disabled as a result of any cause other than the performance of an act of duty, and who is found to be physically or mentally disabled so as to render…

(40 ILCS 5/3-114.3) (from Ch. 108 1/2, par. 3-114.3) Sec. 3-114.3. Heart attack or stroke suffered in performance of duties. Any police officer who suffers a heart attack or stroke as a result of the performance and discharge of police duty shall be considered as having been inju…

(40 ILCS 5/3-114.4) (from Ch. 108 1/2, par. 3-114.4) Sec. 3-114.4. Return to active duty after disability. A police officer who receives a disability pension under Section 3-114.1, 3-114.2, or 3-114.6 for more than 2 years and who returns to active duty must remain in active poli…

(40 ILCS 5/3-114.5) (from Ch. 108 1/2, par. 3-114.5) Sec. 3-114.5. 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 5/3-114.6) Sec. 3-114.6. Occupational disease disability pension. (a) This Section applies only to police officers who are employed by a municipality with a combined police and fire department and who have regular firefighting duties in addition to their law enforcement …

(40 ILCS 5/3-115) (from Ch. 108 1/2, par. 3-115) Sec. 3-115. Certificate of disability. A disability pension shall not be paid unless there is filed with the board certificates of the police officer's disability, subscribed and sworn to by the police officer if not under legal di…

(40 ILCS 5/3-116) (from Ch. 108 1/2, par. 3-116) Sec. 3-116. Examination and emergency service. A police officer whose duty is suspended because of disability may be summoned to appear before the board, and to submit to an examination to determine fitness for duty. The officer sh…

(40 ILCS 5/3-116.1) (from Ch. 108 1/2, par. 3-116.1) Sec. 3-116.1. Disability pension option. A police officer age 50 or older who is receiving a disability pension may by written application to the board, elect the disability pension option if the period during which a disabilit…

(40 ILCS 5/3-117) (from Ch. 108 1/2, par. 3-117) Sec. 3-117. Police officers over age 50. This Article shall not be construed to require the retirement at age 50 of any police officer capable of performing his or her duties. (Source: P.A. 83-1440.)

(40 ILCS 5/3-117.1) (from Ch. 108 1/2, par. 3-117.1) Sec. 3-117.1. Waiver. A retired police officer or surviving spouse may execute a written waiver of the right to receive all or part of his or her pension. A waiver shall take effect upon its being filed with the board and may b…

(40 ILCS 5/3-120) (from Ch. 108 1/2, par. 3-120) Sec. 3-120. Marriage after retirement. (a) If a police officer marries subsequent to retirement on any pension under this Article other than a pension established under Section 3-109.3, the surviving spouse and the children of such…

(40 ILCS 5/3-121) (from Ch. 108 1/2, par. 3-121) Sec. 3-121. Marriage and remarriage. The pensions provided in Sections 3-112, 3-114.1, 3-114.2, and 3-114.6 shall not be paid to a child or dependent parent after marriage or remarriage of the child or dependent parent following th…

(40 ILCS 5/3-122) (from Ch. 108 1/2, par. 3-122) Sec. 3-122. Pensions to survivors of male and female police officers. All provisions of this Article relating to pensions to a surviving spouse, children or dependent parents of a police officer shall apply with equal force to the …

(40 ILCS 5/3-123) (from Ch. 108 1/2, par. 3-123) Sec. 3-123. Non-resident pensioner. A pensioner under this Article who resides outside of Illinois shall from time to time furnish the board such proof or affidavits as the board may require concerning compliance with the provision…

(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.…