Chapter 40, PENSIONS

(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 As of July 20, 1949, the pension fund established under this Article superseded and replaced any annuity and benefit fund in operation under "An Act to …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.)

(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) (Text of Section before amendment by P.A. 104-598) 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 per…

(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) (Text of Section before amendment by P.A. 104-598) 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) …

(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…