Chapter 40, PENSIONS

(40 ILCS 5/4-115.1) (from Ch. 108 1/2, par. 4-115.1) (Text of Section before amendment by P.A. 104-598) 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 at…

(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…

(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…