Illinois Compiled Statutes 40 Pensions: Article 3 - Police Pension Fund - Municipalities 500,000 And Under

• Illinois Pension Code. - 40 ILCS 5, Section 3-101
  Creation of fund. In each municipality, as defined in Section 3-103, the city council or the board of trustees, as the case may be, shall...
• Illinois Pension Code. - 40 ILCS 5, Section 3-102
  Terms defined. The terms used in this Article have the meanings ascribed to them in Sections 3-103 through 3-108.3, except when the context otherwise...
• Illinois Pension Code. - 40 ILCS 5, Section 3-103
  Municipality. "Municipality": (1) Any city, village or incorporated town of 5,000 or more but less than 500,000 inhabitants, as determined from the United States...
• Illinois Pension Code. - 40 ILCS 5, Section 3-105
  Board. "Board": The board of trustees of the police pension fund of a municipality as established in Section 3-128. (Source: P.A. 83-1440.)
• Illinois Pension Code. - 40 ILCS 5, Section 3-105.1
  Deferred Pensioner. "Deferred Pensioner": a police officer who has retired having accumulated enough creditable service to qualify for a pension, but who has not...
• Illinois Pension Code. - 40 ILCS 5, Section 3-105.2
  Self-Managed Plan. "Self-managed plan": The defined contribution retirement program established for eligible employees under Section 3-109.3. The self-managed plan includes disability benefits as provided...
• Illinois Pension Code. - 40 ILCS 5, Section 3-106
  Police officer, officer. "Police officer" or "officer": Any person who (1) is appointed to the police force of a police department and sworn and...
• Illinois Pension Code. - 40 ILCS 5, Section 3-107
  Gender. "Gender": The masculine gender whenever used in this Article includes the female gender unless manifestly inconsistent with the context. (Source: P.A. 83-1440.)
• Illinois Pension Code. - 40 ILCS 5, Section 3-108
  Child or children. "Child" or "children": "Child" or "children" includes a police officer's natural and legally adopted children. (Source: P.A. 95-279, eff. 1-1-08.)
• Illinois Pension Code. - 40 ILCS 5, Section 3-108.1
  Dependent parent. "Dependent parent": A parent who furnishes satisfactory proof that the deceased police officer at the time of his or her death was...
• Illinois Pension Code. - 40 ILCS 5, Section 3-108.2
  Participant. "Participant": A police officer or deferred pensioner of a pension fund, or a beneficiary of the pension fund. (Source: P.A. 90-507, eff. 8-22-97.)
• Illinois Pension Code. - 40 ILCS 5, Section 3-108.3
  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...
• Illinois Pension Code. - 40 ILCS 5, Section 3-109
  Persons excluded. (a) The following persons shall not be eligible to participate in a fund created under this Article: (1) part-time police officers, special police...
• Illinois Pension Code. - 40 ILCS 5, Section 3-109.1
  Chief of police. (a) Beginning January 1, 1990, any person who is employed as the chief of police of a "participating municipality" as defined...
• Illinois Pension Code. - 40 ILCS 5, Section 3-109.2
  Retirement Program Elections. (a) For the purposes of this Section and Section 3-109.3: "Eligible employee" means a police officer who is hired on or...
• Illinois Pension Code. - 40 ILCS 5, Section 3-109.3
  Self-managed plan. (a) Purpose. The General Assembly finds that it is important for municipalities to be able to attract and retain the most qualified police...
• Illinois Pension Code. - 40 ILCS 5, Section 3-110
  Creditable service. (a) "Creditable service" is the time served by a police officer as a member of a regularly constituted police force of a municipality....
• Illinois Pension Code. - 40 ILCS 5, Section 3-110.2
  Transfer of creditable service to General Assembly Retirement System. (a) An active member of the General Assembly Retirement System may apply to transfer his...
• Illinois Pension Code. - 40 ILCS 5, Section 3-110.3
  Transfer to IMRF. (a) Any person who has made an election under Section 3-109.1, and until July 1, 1993, any active member of the...
• Illinois Pension Code. - 40 ILCS 5, Section 3-110.4
  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...
• Illinois Pension Code. - 40 ILCS 5, Section 3-110.5
  Transfer to Article 14 system. (a) Until January 1, 1990, any active member of the State Employees' Retirement System who is a State policeman...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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 Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 3-110.10
  Transfer from Article 7. Until January 1, 2009, a person may transfer to a fund established under this Article up to 8 years of creditable...
• Illinois Pension Code. - 40 ILCS 5, Section 3-110.11
  Transfer of creditable service from Article 5 fund. For a period of 60 days after the effective date of this Section, a person may transfer...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 3-124.1
  Re-entry into active service. If a police officer who is receiving pension payments other than as provided in Section 3-109.3 re-enters active service, pension...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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,...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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....
• Illinois Pension Code. - 40 ILCS 5, Section 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....
• Illinois Pension Code. - 40 ILCS 5, Section 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....
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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....
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 3-139
  To keep records. To keep a public record of all its proceedings. (Source: Laws 1963, p. 161.)
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...
• Illinois Pension Code. - 40 ILCS 5, Section 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...

Last modified: February 18, 2015