Illinois Compiled Statutes
40 ILCS 5/ - Illinois Pension Code.
Article 22 - Miscellaneous Collateral Provisions

(40 ILCS 5/Art. 22 heading)

(40 ILCS 5/Art. 22 Div. 1 heading)

(40 ILCS 5/22-101) (from Ch. 108 1/2, par. 22-101)
Sec. 22-101. Retirement Plan for Chicago Transit Authority Employees.
(a) There shall be established and maintained by the Authority created by
the "Metropolitan Transit Authority Act", approved April 12, 1945, as
amended, (referred to in this Section as the "Authority") a financially sound pension and retirement system adequate to
provide for all payments when due under such established system or as
modified from time to time by ordinance of the Chicago Transit Board or collective bargaining agreement. For
this purpose, the Board must make contributions to the established system as required under this Section and may make any additional contributions provided for by Board ordinance or collective bargaining agreement. The participating employees shall make
such periodic payments to the established system as required under this Section and may make any additional contributions provided for
by
Board ordinance or collective bargaining agreement.
Provisions
shall be made by the Board for all officers, except those who first become members on or after January 1, 2012, and employees of
the Authority appointed pursuant to the "Metropolitan Transit Authority
Act" to become, subject to reasonable rules and regulations, participants
of the pension or retirement system with uniform rights,
privileges, obligations and status as to the class in which such officers
and employees belong. The terms, conditions and provisions of any pension
or retirement system or of any amendment or modification thereof affecting
employees who are members of any labor organization may be established,
amended or modified by agreement with such labor organization, provided the terms, conditions and provisions must be consistent with this Act, the annual funding levels for the retirement system established by law must be met and the benefits paid to future participants in the system may not exceed the benefit ceilings set for future participants under this Act and the contribution levels required by the Authority and its employees may not be less than the contribution levels established under this Act.
(b) The Board of Trustees shall consist of 11 members appointed as follows: (i) 5 trustees shall be appointed by the Chicago Transit Board; (ii) 3 trustees shall be appointed by an organization representing the highest number of Chicago Transit Authority participants; (iii) one trustee shall be appointed by an organization representing the second-highest number of Chicago Transit Authority participants; (iv) one trustee shall be appointed by the recognized coalition representatives of participants who are not represented by an organization with the highest or second-highest number of Chicago Transit Authority participants; and (v) one trustee shall be selected by the Regional Transportation Authority Board of Directors, and the trustee shall be a professional fiduciary who has experience in the area of collectively bargained pension plans. Trustees shall serve until a successor has been appointed and qualified, or until resignation, death, incapacity, or disqualification.
Any person appointed as a trustee of the board shall qualify by taking an oath of office that he or she will diligently and honestly administer the affairs of the system and will not knowingly violate or willfully permit the violation of any of the provisions of law applicable to the Plan, including Sections 1-109, 1-109.1, 1-109.2, 1-110, 1-111, 1-114, and 1-115 of the Illinois Pension Code.
Each trustee shall cast individual votes, and a majority vote shall be final and binding upon all interested parties, provided that the Board of Trustees may require a supermajority vote with respect to the investment of the assets of the Retirement Plan, and may set forth that requirement in the Retirement Plan documents, by-laws, or rules of the Board of Trustees. Each trustee shall have the rights, privileges, authority, and obligations as are usual and customary for such fiduciaries.
The Board of Trustees may cause amounts on deposit in the Retirement Plan to be invested in those investments that are permitted investments for the investment of moneys held under any one or more of the pension or retirement systems of the State, any unit of local government or school district, or any agency or instrumentality thereof. The Board, by a vote of at least two-thirds of the trustees, may transfer investment management to the Illinois State Board of Investment, which is hereby authorized to manage these investments when so requested by the Board of Trustees.
Notwithstanding any other provision of this Article or any law to the contrary, any person who first becomes a member of the Chicago Transit Board on or after January 1, 2012 shall not be eligible to participate in this Retirement Plan.
(c) All individuals who were previously participants in the Retirement Plan for Chicago Transit Authority Employees shall remain participants, and shall receive the same benefits established by the Retirement Plan for Chicago Transit Authority Employees, except as provided in this amendatory Act or by subsequent legislative enactment or amendment to the Retirement Plan. For Authority employees hired on or after the effective date of this amendatory Act of the 95th General Assembly, the Retirement Plan for Chicago Transit Authority Employees shall be the exclusive retirement plan and such employees shall not be eligible for any supplemental plan, except for a deferred compensation plan funded only by employee contributions.
For all Authority employees who are first hired on or after the effective date of this amendatory Act of the 95th General Assembly and are participants in the Retirement Plan for Chicago Transit Authority Employees, the following terms, conditions and provisions with respect to retirement shall be applicable:
(d) From the effective date of this amendatory Act through December 31, 2008, all participating employees shall contribute to the Retirement Plan in an amount not less than 6% of compensation, and the Authority shall contribute to the Retirement Plan in an amount not less than 12% of compensation.
(e)(1) Beginning January 1, 2009 the Authority shall make contributions to the Retirement Plan in an amount equal to twelve percent (12%) of compensation and participating employees shall make contributions to the Retirement Plan in an amount equal to six percent (6%) of compensation. These contributions may be paid by the Authority and participating employees on a payroll or other periodic basis, but shall in any case be paid to the Retirement Plan at least monthly.
(2) For the period ending December 31, 2040, the amount paid by the Authority in any year with respect to debt service on bonds issued for the purposes of funding a contribution to the Retirement Plan under Section 12c of the Metropolitan Transit Authority Act, other than debt service paid with the proceeds of bonds or notes issued by the Authority for any year after calendar year 2008, shall be treated as a credit against the amount of required contribution to the Retirement Plan by the Authority under subsection (e)(1) for the following year up to an amount not to exceed 6% of compensation paid by the Authority in that following year.
(3) By September 15 of each year beginning in 2009 and ending on December 31, 2039, on the basis of a report prepared by an enrolled actuary retained by the Plan, the Board of Trustees of the Retirement Plan shall determine the estimated funded ratio of the total assets of the Retirement Plan to its total actuarially determined liabilities. A report containing that determination and the actuarial assumptions on which it is based shall be filed with the Authority, the representatives of its participating employees, the Auditor General of the State of Illinois, and the Regional Transportation Authority. If the funded ratio is projected to decline below 60% in any year before 2040, the Board of Trustees shall also determine the increased contribution required each year as a level percentage of payroll over the years remaining until 2040 using the projected unit credit actuarial cost method so the funded ratio does not decline below 60% and include that determination in its report. If the actual funded ratio declines below 60% in any year prior to 2040, the Board of Trustees shall also determine the increased contribution required each year as a level percentage of payroll during the years after the then current year using the projected unit credit actuarial cost method so the funded ratio is projected to reach at least 60% no later than 10 years after the then current year and include that determination in its report. Within 60 days after receiving the report, the Auditor General shall review the determination and the assumptions on which it is based, and if he finds that the determination and the assumptions on which it is based are unreasonable in the aggregate, he shall issue a new determination of the funded ratio, the assumptions on which it is based and the increased contribution required each year as a level percentage of payroll over the years remaining until 2040 using the projected unit credit actuarial cost method so the funded ratio does not decline below 60%, or, in the event of an actual decline below 60%, so the funded ratio is projected to reach 60% by no later than 10 years after the then current year. If the Board of Trustees or the Auditor General determine that an increased contribution is required to meet the funded ratio required by the subsection, effective January 1 following the determination or 30 days after such determination, whichever is later, one-third of the increased contribution shall be paid by participating employees and two-thirds by the Authority, in addition to the contributions required by this subsection (1).
(4) For the period beginning 2040, the minimum contribution to the Retirement Plan for each fiscal year shall be an amount determined by the Board of Trustees of the Retirement Plan to be sufficient to bring the total assets of the Retirement Plan up to 90% of its total actuarial liabilities by the end of 2059. Participating employees shall be responsible for one-third of the required contribution and the Authority shall be responsible for two-thirds of the required contribution. In making these determinations, the Board of Trustees shall calculate the required contribution each year as a level percentage of payroll over the years remaining to and including fiscal year 2059 using the projected unit credit actuarial cost method. A report containing that determination and the actuarial assumptions on which it is based shall be filed by September 15 of each year with the Authority, the representatives of its participating employees, the Auditor General of the State of Illinois and the Regional Transportation Authority. If the funded ratio is projected to fail to reach 90% by December 31, 2059, the Board of Trustees shall also determine the increased contribution required each year as a level percentage of payroll over the years remaining until December 31, 2059 using the projected unit credit actuarial cost method so the funded ratio will meet 90% by December 31, 2059 and include that determination in its report. Within 60 days after receiving the report, the Auditor General shall review the determination and the assumptions on which it is based and if he finds that the determination and the assumptions on which it is based are unreasonable in the aggregate, he shall issue a new determination of the funded ratio, the assumptions on which it is based and the increased contribution required each year as a level percentage of payroll over the years remaining until December 31, 2059 using the projected unit credit actuarial cost method so the funded ratio reaches no less than 90% by December 31, 2059. If the Board of Trustees or the Auditor General determine that an increased contribution is required to meet the funded ratio required by this subsection, effective January 1 following the determination or 30 days after such determination, whichever is later, one-third of the increased contribution shall be paid by participating employees and two-thirds by the Authority, in addition to the contributions required by subsection (e)(1).
(5) Beginning in 2060, the minimum contribution for each year shall be the amount needed to maintain the total assets of the Retirement Plan at 90% of the total actuarial liabilities of the Plan, and the contribution shall be funded two-thirds by the Authority and one-third by the participating employees in accordance with this subsection.
(f) The Authority shall take the steps necessary to comply with Section 414(h)(2) of the Internal Revenue Code of 1986, as amended, to permit the pick-up of employee contributions under subsections (d) and (e) on a tax-deferred basis.
(g) The Board of Trustees shall certify to the Governor, the General Assembly, the Auditor General, the Board of the Regional Transportation Authority, and the Authority at least 90 days prior to the end of each fiscal year the amount of the required contributions to the retirement system for the next retirement system fiscal year under this Section. The certification shall include a copy of the actuarial recommendations upon which it is based. In addition, copies of the certification shall be sent to the Commission on Government Forecasting and Accountability and the Mayor of Chicago.
(h)(1) As to an employee who first becomes entitled to a retirement
allowance commencing on or after November 30, 1989, the
retirement allowance shall be the amount determined in
accordance with the following formula:
(2) As to an employee who first becomes entitled to a retirement
allowance commencing on or after January 1, 1993, the retirement
allowance shall be the amount determined in accordance with the
following formula:
(3) As to an employee who first becomes entitled to a retirement
allowance commencing on or after January 1, 1994, the retirement
allowance shall be the amount determined in accordance with the
following formula:
(4) As to an employee who first becomes entitled to a retirement
allowance commencing on or after January 1, 2000, the retirement
allowance shall be the amount determined in accordance with the
following formula:
(5) As to an employee who first becomes entitled to a retirement
allowance commencing on or after January 1, 2001, the
retirement allowance shall be the amount determined in
accordance with the following formula:
The changes made by this amendatory Act of the 95th General Assembly, to the extent that they affect the rights or privileges of Authority employees that are currently the subject of collective bargaining, have been agreed to between the authorized representatives of these employees and of the Authority prior to enactment of this amendatory Act, as evidenced by a Memorandum of Understanding between these representatives that will be filed with the Secretary of State Index Department and designated as "95-GA-C05". The General Assembly finds and declares that those changes are consistent with 49 U.S.C. 5333(b) (also known as Section 13(c) of the Federal Transit Act) because of this agreement between authorized representatives of these employees and of the Authority, and that any future amendments to the provisions of this amendatory Act of the 95th General Assembly, to the extent those amendments would affect the rights and privileges of Authority employees that are currently the subject of collective bargaining, would be consistent with 49 U.S.C. 5333(b) if and only if those amendments were agreed to between these authorized representatives prior to enactment.
(i) Early retirement incentive plan; funded ratio.
(j) Nothing in this amendatory Act of the 95th General Assembly shall impair the rights or privileges of Authority employees under any other law.
(k) Any individual who, on or after August 19, 2011 (the effective date of Public Act 97-442), first becomes a participant of the Retirement Plan shall not be paid any of the benefits provided under this Code if he or she is convicted of a felony relating to, arising out of, or in connection with his or her service as a participant.
This subsection (k) shall not operate to impair any contract or vested right acquired before August 19, 2011 (the effective date of Public Act 97-442) under any law or laws continued in this Code, and it shall not preclude the right to refund.
(Source: P.A. 97-442, eff. 8-19-11; 97-609, eff. 1-1-12; 97-813, eff. 7-13-12.)

(40 ILCS 5/22-101B)
Sec. 22-101B. Health Care Benefits.
(a) The Chicago Transit Authority (hereinafter referred to in this Section as the "Authority") shall take all actions lawfully available to it to separate the funding of health care benefits for retirees and their dependents and survivors from the funding for its retirement system. The Authority shall endeavor to achieve this separation as soon as possible, and in any event no later than July 1, 2009.
(b) Effective 90 days after the effective date of this amendatory Act of the 95th General Assembly, a Retiree Health Care Trust is established for the purpose of providing health care benefits to eligible retirees and their dependents and survivors in accordance with the terms and conditions set forth in this Section 22-101B. The Retiree Health Care Trust shall be solely responsible for providing health care benefits to eligible retirees and their dependents and survivors upon the exhaustion of the account established by the Retirement Plan for Chicago Transit Authority Employees pursuant to Section 401(h) of the Internal Revenue Code of 1986, but no earlier than January 1, 2009 and no later than July 1, 2009.
(Source: P.A. 102-415, eff. 1-1-22.)

(40 ILCS 5/22-102) (from Ch. 108 1/2, par. 22-102)
Sec. 22-102.
Local Mass Transit District Pension Fund.
The Board of Trustees created under the "Local Mass Transit District
Act", approved July 21, 1959, as amended, may undertake the continuation
of employee pension and retirement funds of an existing public or privately
owned transportation system or systems that have been acquired by the
Board, upon such terms and conditions as the Board shall determine.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/22-103)
Sec. 22-103. Regional Transportation Authority and related pension plans.
(a) As used in this Section:
"Affected pension plan" means a defined-benefit pension plan supported in whole or in part by employer contributions and maintained by the Regional Transportation Authority, the Suburban Bus Division, or the Commuter Rail Division, or any combination thereof, under the general authority of the Regional Transportation Authority Act, including but not limited to any such plan that has been established under or is subject to a collective bargaining agreement or is limited to employees covered by a collective bargaining agreement. "Affected pension plan" does not include any pension fund or retirement system subject to Section 22-101 of this Section.
"Authority" means the Regional Transportation Authority created under
the Regional Transportation Authority Act.
"Contributing employer" means an employer that is required to make contributions to an affected pension plan under the terms of that plan.
"Funding ratio" means the ratio of an affected pension plan's assets to the present value of its actuarial liabilities, as determined at its latest actuarial valuation in accordance with applicable actuarial assumptions and recommendations.
"Under-funded pension plan" or "under-funded" means an affected pension plan that, at the time of its last actuarial valuation, has a funding ratio of less than 90%.
(b) The contributing employers of each affected pension plan have a general duty to make the required employer contributions to the affected pension plan in a timely manner in accordance with the terms of the plan. A contributing employer must make contributions to the affected pension plan as required under this subsection and, if applicable, subsection (c); a contributing employer may make any additional contributions provided for by the board of the employer or collective bargaining agreement.
(c) In the case of an affected pension plan that is under-funded on January 1, 2009 or becomes under-funded at any time after that date, the contributing employers shall contribute to the affected pension plan, in addition to all amounts otherwise required, amounts sufficient to bring the funding ratio of the affected pension plan up to 90% in accordance with an amortization schedule adopted jointly by the contributing employers and the trustee of the affected pension plan. The amortization schedule may extend for any period up to a maximum of 50 years and shall provide for additional employer contributions in substantially equal annual amounts over the selected period. If the contributing employers and the trustee of the affected pension plan do not agree on an appropriate period for the amortization schedule within 6 months of the date of determination that the plan is under-funded, then the amortization schedule shall be based on a period of 50 years.
In the case of an affected pension plan that has more than one contributing employer, each contributing employer's share of the total additional employer contributions required under this subsection shall be determined: (i) in proportion to the amounts, if any, by which the respective contributing employers have failed to meet their contribution obligations under the terms of the affected pension plan; or (ii) if all of the contributing employers have met their contribution obligations under the terms of the affected pension plan, then in the same proportion as they are required to contribute under the terms of that plan. In the case of an affected pension plan that has only one contributing employer, that contributing employer is responsible for all of the additional employer contributions required under this subsection.
If an under-funded pension plan is determined to have achieved a funding ratio of at least 90% during the period when an amortization schedule is in force under this Section, the contributing employers and the trustee of the affected pension plan, acting jointly, may cancel the amortization schedule and the contributing employers may cease making additional contributions under this subsection for as long as the affected pension plan retains a funding ratio of at least 90%.
(d) Beginning January 1, 2009, if the Authority fails to pay to an affected pension fund within 30 days after it is due (i) any employer contribution that it is required to make as a contributing employer, (ii) any additional employer contribution that it is required to pay under subsection (c), or (iii) any payment that it is required to make under Section 4.02a or 4.02b of the Regional Transportation Authority Act, the trustee of the affected pension fund shall promptly so notify the Commission on Government Forecasting and Accountability, the Mayor of Chicago, the Governor, and the General Assembly.
(e) For purposes of determining employer contributions, assets, and actuarial liabilities under this subsection, contributions, assets, and liabilities relating to health care benefits shall not be included.
(f) This amendatory Act of the 94th General Assembly does not affect or impair the right of any contributing employer or its employees to collectively bargain the amount or level of employee contributions to an affected pension plan, to the extent that the plan includes employees subject to collective bargaining.
(g) Any individual who, on or after August 19, 2011 (the effective date of Public Act 97-442), first becomes a participant of an affected pension plan shall not be paid any of the benefits provided under this Code if he or she is convicted of a felony relating to, arising out of, or in connection with his or her service as a participant.
This subsection shall not operate to impair any contract or vested right acquired before August 19, 2011 (the effective date of Public Act 97-442) under any law or laws continued in this Code, and it shall not preclude the right to refund.
(h) Notwithstanding any other provision of this Article or any law to the contrary, a person who, on or after January 1, 2012 (the effective date of Public Act 97-609), first becomes a director on the Suburban Bus Board, the Commuter Rail Board, or the Board of Directors of the Regional Transportation Authority shall not be eligible to participate in an affected pension plan.
(Source: P.A. 97-442, eff. 8-19-11; 97-609, eff. 1-1-12; 97-813, eff. 7-13-12.)

(40 ILCS 5/22-104)
Sec. 22-104. Delinquent contributions; deduction from payments of State funds to the employer. If an employer of participants in a pension fund or retirement plan subject to this Division fails to transmit contributions required of it by that pension fund or retirement plan by December 31st of the year in which such contributions are due, the pension fund or retirement plan may, after giving notice to the employer, certify to the State Comptroller the amounts of the delinquent payments in accordance with any applicable rules of the Comptroller, and the Comptroller must, beginning in payment year 2016, deduct and remit to that pension fund or retirement plan the certified amounts from payments of State funds to the employer.
The State Comptroller may not deduct from any payments of State funds to the employer more than the amount of delinquent payments certified to the State Comptroller by the employer.

(Source: P.A. 99-8, eff. 7-9-15.)

(40 ILCS 5/22-105)
Sec. 22-105. Application to Regional Transportation Authority Board members. This Code does not apply to any individual who first becomes a member of the Regional Transportation Authority Board on or after the effective date of this amendatory Act of the 98th General Assembly with respect to service on that Board.

(Source: P.A. 98-108, eff. 7-23-13.)

(40 ILCS 5/22-106)
Sec. 22-106. Application to Suburban Bus Board members. This Code does not apply to any individual who first becomes a member of the Suburban Bus Board on or after the effective date of this amendatory Act of the 98th General Assembly with respect to service on that Board.

(Source: P.A. 98-108, eff. 7-23-13.)

(40 ILCS 5/22-107)
Sec. 22-107. Application to Commuter Rail Board members. This Code does not apply to any individual who first becomes a member of the Commuter Rail Board on or after the effective date of this amendatory Act of the 98th General Assembly with respect to service on that Board.

(Source: P.A. 98-108, eff. 7-23-13.)

(40 ILCS 5/22-108)
Sec. 22-108. Application to Chicago Transit Authority Board members. This Code does not apply to any individual who first becomes a member of the Chicago Transit Authority Board on or after the effective date of this amendatory Act of the 98th General Assembly with respect to service on that Board.

(Source: P.A. 98-108, eff. 7-23-13.)

(40 ILCS 5/Art. 22 Div. 2 heading)

(40 ILCS 5/22-201) (from Ch. 108 1/2, par. 22-201)
Sec. 22-201.
Creation of fund.
In each city, village and incorporated town, whose population exceeds
50,000 and having a paid fire insurance patrol, boards of underwriters may
create a pension fund, in the manner prescribed in this Division, for the
benefit of disabled or retired fire insurance patrolmen, and of the widows
and children of deceased patrolmen.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/22-202) (from Ch. 108 1/2, par. 22-202)
Sec. 22-202.
Terms defined.
The terms used in this Division for the purposes of this Division shall
have the meanings ascribed to them in Sections 22-203 to 22-205,
inclusive, except when the context otherwise requires.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/22-203) (from Ch. 108 1/2, par. 22-203)
Sec. 22-203.

Fire Insurance Patrolmen Pension Fund Act of the Illinois
Municipal Code. "Fire Insurance Patrolmen Pension Fund Act of the Illinois
Municipal Code": Division 10 of Article 10 of the Illinois Municipal Code.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/22-204) (from Ch. 108 1/2, par. 22-204)
Sec. 22-204.
Board of Trustees.
"Board of Trustees": Board of Trustees of the fire insurance
patrolmen's pension fund authorized by this Division.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/22-205) (from Ch. 108 1/2, par. 22-205)
Sec. 22-205.
Fund.
"Fund": The fire insurance patrolmen's pension fund
authorized by this Division.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/22-206) (from Ch. 108 1/2, par. 22-206)
Sec. 22-206.
Persons to whom Division applies.
This Division shall apply to all persons who are now or shall hereafter
become members of the uniformed force of such fire insurance patrol, and
all such persons shall be eligible to the benefits secured by this
Division, but shall not apply to any other employees of the said fire
insurance patrol.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/22-207) (from Ch. 108 1/2, par. 22-207)
Sec. 22-207.
Retirement pension.
Whenever any member of the said fire insurance patrol has served 25
years or more in such patrol (the last 2 years of which shall have been
continuous), has reached the age of 50 or 55, and is no longer in the
service as a member of the fire insurance patrol, he shall be entitled to a
monthly pension as follows:
(a) If he is age 50 or over but less than 55 and has retired or has been
discharged for any cause, a monthly pension equal to 40% of the wages or
salary received by him at the date of retirement or discharge;
(b) If he is age 55 or over and has retired or has been discharged for
any cause, a monthly pension equal to 50% of the wages or salary received
by him at the date of retirement or discharge.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/22-208) (from Ch. 108 1/2, par. 22-208)
Sec. 22-208.
Widow's and children's pension.
Whenever any active member of the fire insurance patrol or any former
member of the fire insurance patrol who has retired on pension under the
provisions of this Division dies his widow or his child or children under
16 years of age shall be entitled to pension payable monthly as follows:
(a) To the widow of a deceased active member, 12 1/2% of the salary of
such member at the time of death, but not less than $30;
(b) To the widow of a deceased member who has retired under the
provisions of this Division, and which widow was married to such member at
the date of his retirement 25% of the pension such member was receiving at
the time of death, but not less than $30;
(c) To any child or children under 16 years of age of a deceased active
member or a deceased member who had retired under the provisions of this
Division, $25 until such child or children shall reach the age of 16.
Payment for the benefit of such minor child or children may be made to such
person or persons and in such manner as the Board of Trustees shall in
their sole discretion determine.
The amount of such pensions or payments shall be uniform with respect to
all widows of deceased patrolmen, and with respect to all children of
deceased patrolmen.
The amount of any future payments to be made to widows and children of
deceased patrolmen who were receiving payments prior to July 7, 1955, shall
be determined in accordance with this section.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/22-209) (from Ch. 108 1/2, par. 22-209)
Sec. 22-209.
Pension ceases on marriage.
No pension provided for in Section 22-208 shall be paid to any widow of
a deceased member or former member of a fire insurance patrol after she has
remarried after the decease of such member or former member.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/22-210) (from Ch. 108 1/2, par. 22-210)
Sec. 22-210.
Duty disability pension.
Whenever a member of the fire insurance patrol, while in the performance
of his duty, becomes physically or mentally permanently disabled by reason
of service in such fire insurance patrol, to such an extent as to
necessitate his retirement from service in the fire insurance patrol, he
shall be paid from the fund monthly a pension of 50% of his monthly salary
or wages at date of retirement.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/22-211) (from Ch. 108 1/2, par. 22-211)
Sec. 22-211.
Ordinary disability benefit.
Whenever a member of the fire insurance patrol, while in the service of
the fire insurance patrol, becomes physically or mentally permanently
disabled from any cause not necessarily connected with his service in the
fire insurance patrol, so as to necessitate his retirement from service in
the fire insurance patrol, he may be retired by the Board of Trustees, and
he may, in the discretion of said Board be paid monthly from the fund such
sum as the said Board of Trustees shall determine, not exceeding a sum
equal to 50% of his monthly wages or salary at the date of retirement.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/22-212) (from Ch. 108 1/2, par. 22-212)
Sec. 22-212.
Physical examination.
No person shall receive any pension or benefits under Sections 22-210
or 22-211 of this Division unless he is found to be physically or mentally
permanently disabled upon examination by a medical officer designated by
the Board of Trustees.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/22-213) (from Ch. 108 1/2, par. 22-213)
Sec. 22-213.
Duties after retirement.
The Board of Trustees, upon recommendation of the chief officer of the
fire insurance patrol shall have the power to assign former members of the
fire insurance patrol who are receiving a retirement pension under the
provisions of this Division to the performance of light duties in said
patrol without additional compensation.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/22-214) (from Ch. 108 1/2, par. 22-214)
Sec. 22-214.
Reduction of pension.
The pension or benefits provided for in Sections 22-207, 22-210 or
22-211 may be reduced by the Board of Trustees in an amount not exceeding
50% of any sums which a retired member of a fire insurance patrol receives
under any Act of Congress or under a statute of any state providing for old
age benefits, social security, unemployment insurance or other like
benefits but excluding any payments of the United States or any State by
reason of military or naval service.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/22-215) (from Ch. 108 1/2, par. 22-215)
Sec. 22-215.
Financing.
The Board of Trustees shall assess each member of the fire insurance
patrol not to exceed 5% of his wages or salary, which assessment shall be
uniform as to all members of the patrol. The amount so assessed shall be
deducted and withheld by the Board of Underwriters, or the committee of the
Board of Underwriters having charge of the fire insurance patrol, from the
pay of each such member of the patrol at such times as the members of the
patrol shall be paid their wages or salaries, and shall be at once paid
into the pension fund.
The Patrol Committee of the Board of Underwriters of such city, village
or incorporated town, shall also set aside and pay into such pension fund
not to exceed 10% of all moneys paid to such Board of Underwriters by
insurance companies for sustaining the fire insurance patrol. Such
percentage shall not be less than twice the percentage of the assessment
against the members of the patrol.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/22-216) (from Ch. 108 1/2, par. 22-216)
Sec. 22-216.
Board created.
A board, composed of the president, vice president, secretary,
treasurer, manager, chairman of the patrol committee, vice-chairman of the
patrol committee and the chief officer of the fire insurance patrol of the
Board of Underwriters of such city, village or incorporated town, shall be
and constitute the Board of Trustees to control and manage the fund. The
Board shall be known as "The Board of Trustees of the Patrolmen's Pension
Fund".

(Source: Laws 1963, p. 161.)

(40 ILCS 5/22-217) (from Ch. 108 1/2, par. 22-217)
Sec. 22-217.
Board officers.
The Board of Trustees shall elect from their number a president, a
secretary and a treasurer, and may elect from their number a vice
president, an assistant secretary and an assistant treasurer. The vice
president, assistant secretary and assistant treasurer, if elected, shall
have all the powers and duties provided in this Division for the president,
secretary and treasurer, respectively.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/22-218) (from Ch. 108 1/2, par. 22-218)
Sec. 22-218.
Powers and duties of Board.
The Board shall have the powers and duties stated in Section 22-219 to
22-225, inclusive, in addition to the other powers and duties provided in
this Division.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/22-219) (from Ch. 108 1/2, par. 22-219)
Sec. 22-219.
To control and manage fund.
To have exclusive control and management of the pension fund.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/22-220) (from Ch. 108 1/2, par. 22-220)
Sec. 22-220.
To determine benefits.
To hear and decide all applications for pensions or benefits under this
Division. The decision of the board of trustees on applications shall be
final and conclusive and not subject to review or reversal except by the
board of trustees upon application for that purpose.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/22-221) (from Ch. 108 1/2, par. 22-221)
Sec. 22-221.
To accept gifts.
To receive gifts and donations to the fund from all sources, including
rewards in moneys, fees, gifts and emoluments, that shall be paid or given
for or on account of extraordinary services by the fire insurance patrol or
any member thereof (except when allowed to be retained by such member or
given to endow a medal or other permanent or competitive award). Also to
accept any gifts or donations of money from the Board of Underwriters from
any of its funds in addition to the sums required to be paid into the
pension fund under this Division.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/22-222) (from Ch. 108 1/2, par. 22-222)
Sec. 22-222.
To invest funds.
To invest funds coming into their hands in the name of the Board of
Trustees of the patrolmen's pension fund, in such investments as may be
made by a trustee of a trust fund under the laws of the State of Illinois
and as may be approved by the Board of Trustees. No personal liability of
the trustees or any of them shall attach by reason of any such investments
made in good faith.
No bank or savings and loan association shall receive investment funds
as permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments of
public funds by public agencies", approved July 23, 1943, as now or hereafter
amended. The limitations set forth in such Section 6 shall be applicable
only at the time of investment and shall not require the liquidation of
any investment at any time.

(Source: P.A. 83-541.)

(40 ILCS 5/22-223) (from Ch. 108 1/2, par. 22-223)
Sec. 22-223.
To retain principal of investments.
Except as provided in Section 22-232 the Board of Trustees shall have
the right and power, in their sole discretion, to provide that the
principal of invested funds shall be held intact and that each beneficiary
of the benefit, pensions and payments provided in this Division shall
receive only such equal percentage of such monthly benefits, pensions and
payments as the income from the invested funds and the moneys received in
accordance with Section 22-215 of this Division, shall be sufficient to
provide. Nothing in this Section shall be held to require an increase in
any benefit, pension or payment provided for in this Division.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/22-224) (from Ch. 108 1/2, par. 22-224)
Sec. 22-224.
To keep records.
To keep full and complete records of all its meetings and proceedings.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/22-225) (from Ch. 108 1/2, par. 22-225)
Sec. 22-225.
To make rules.
To make all necessary rules and regulations for the discharge of its
duties.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/22-226) (from Ch. 108 1/2, par. 22-226)
Sec. 22-226.
Deposit of moneys and property.
All moneys, securities and other property belonging to the fund shall be
deposited in such depository as the Board of Trustees shall order, and
shall be at all times subject to the control of such board.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/22-227) (from Ch. 108 1/2, par. 22-227)
Sec. 22-227.
Treasurer.
The treasurer of the Board of Trustees shall keep books and accounts
concerning the fund in the manner prescribed by the Board of Trustees. The
books and accounts shall always be subject to the inspection of the Board
of Trustees or any member thereof.
The treasurer and assistant treasurer, if one be elected, shall each,
within 10 days after his election or appointment, execute a bond to the
Board of Underwriters, with good and sufficient security, in such penal sum
as the Board of Trustees shall direct, to be approved by the Board of
Trustees, conditioned for the faithful performance of the duties of his
office and that he will safely keep, hold and truly account for all moneys
and property which may come into his hands as such treasurer or assistant
treasurer, and that upon the expiration of his term he will surrender and
turn over to his successor all unexpended moneys and all property which may
have come into his hands as treasurer or assistant treasurer of such funds.
Such bonds shall be filed in the office of the Board of Underwriters. In
case of a breach of the same or of the conditions thereof suit may be
brought on the same in the name of such Board of Underwriters for the use
of such Board or of any person or persons injured by such breach.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/22-228) (from Ch. 108 1/2, par. 22-228)
Sec. 22-228.
Moneys - How paid.
All moneys ordered to be paid from the pension fund shall be paid by the
treasurer or assistant treasurer of said Board of Trustees only upon
warrants signed by the president or vice president of the said Board and
countersigned by the secretary or assistant secretary thereof. No warrant
shall be drawn except by order of the Board of Trustees and duly entered in
the records of the proceedings of the Board of Trustees.
In case the pension fund or any part thereof shall be deposited in any
savings and loan association or bank or loaned, all interest on money
which may be paid on account of any
such loan or deposit shall belong to and constitute a part of such fund.
The treasurer shall have no power to loan or deposit such fund or any part
thereof unless authorized by the Board of Trustees.

(Source: P.A. 83-541.)

(40 ILCS 5/22-229) (from Ch. 108 1/2, par. 22-229)
Sec. 22-229.
Annual report of trustees.
During the month of January in each year the Board of Trustees shall
make a report to the Board of Underwriters of the condition of the pension
fund as of the close of the preceding calendar year.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/22-230) (from Ch. 108 1/2, par. 22-230)
Sec. 22-230.
Fund exempt from seizure.
No portion of the pension fund shall, either before or after its order
of distribution by such Board of Trustees to such disabled or retired
members of the fire insurance patrol or to the surviving spouse or such
minor child or children of the deceased, be held, seized, taken, subject
to, or detained or levied on by virtue of any judgment, interlocutory or
other order, or any process or proceeding whatever of or issued
by any court of this State for the payment or satisfaction in whole or in
part of any debt, damages, claim, demand or judgment against such member or
surviving spouse or minor child or children but the fund shall be kept
secure and distributed for the purpose of pensioning the persons named in
this Division, and for no other purpose whatsoever.

(Source: P.A. 83-346.)

(40 ILCS 5/22-231) (from Ch. 108 1/2, par. 22-231)
Sec. 22-231.
Discontinuance of fire insurance patrol - Trustees of fund.
If the Board of Underwriters of any such city, village or incorporated
town, at any time after creating a pension fund as provided in the Fire
Insurance Patrolmen's Pension Fund Act of the Illinois Municipal Code or
this Division, shall discontinue the operation or sustaining of a paid fire
insurance patrol, the persons constituting the Board of Trustees of such
pension fund shall continue as such trustees until the second annual
meeting of the Board of Underwriters following the effective date of
discontinuing the operation of the paid fire insurance patrol. At the
second annual meeting of the Board of Underwriters following the
discontinuance of a paid fire insurance patrol, trustees shall be selected
composed of the president, secretary and treasurer of the Board of
Underwriters, and 4 trustees to be appointed by the President of the Board
of Underwriters and confirmed by the directors of the Board of
Underwriters, all of whom shall be officers of insurance companies who are
or have been contributors to the Patrolmen's Pension Fund. All of such
trustees shall have their principal place of business in the city, village
or incorporated town in which the Board of Underwriters has its principal
office. The president, secretary and treasurer of the Board of
Underwriters, acting as trustees, shall continue as trustees during their
respective terms of office as officers of the Board of Underwriters. The 4
trustees appointed by the President of the Board of Underwriters shall
serve for terms of 2 years and until their successors are appointed and
confirmed. Vacancies occurring by reason of death, disability or
resignation of a trustee shall be filled in the same manner in which the 4
trustees, not officers of the Board of Underwriters, are selected.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/22-232) (from Ch. 108 1/2, par. 22-232)
Sec. 22-232.
Discontinuance of fund.
If the Board of Underwriters of any such city, village or incorporated
town, at any time after creating a pension fund as provided in the Fire
Insurance Patrolmen's Pension Fund Act of the Illinois Municipal Code or
this Division shall discontinue the operation or sustaining of a paid fire
insurance patrol and shall thereafter determine that there is, and if in
fact there is, no person entitled to receive a benefit, pension or payment
thereunder, and that there is no person eligible to receive, or who may
become eligible in the future to receive such benefit, pension or payment
thereunder, then the Board of Underwriters, with the consent of the Board
of Trustees of the patrolmen's pension fund, may terminate the pension fund.
Thereupon the treasurer of the pension fund, upon the order of the Board
of Trustees, shall refund and pay to all members of the uniformed force of
the firemen's insurance patrol in the service at the time of such
discontinuance of the operation or sustaining of such fire insurance
patrol, from the pension fund, such sums of money as they have actually
contributed to the pension fund, if there shall then be sufficient money in
the fund to pay the same.
If there be not sufficient money then in the fund to make refund of such
payments in full, then such reimbursement shall be made to each of such
members in such equal proportion as the funds available shall be sufficient
to make. After such refund of all such payments has been made as aforesaid,
all moneys, securities and property of every kind in or belonging to the
pension fund shall be turned over to the Board of Underwriters, as and to
become the sole property of the Board of Underwriters, for its own sole use
and benefit.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/Art. 22 Div. 3 heading)

(40 ILCS 5/22-301) (from Ch. 108 1/2, par. 22-301)
Sec. 22-301.

Payments to families or dependents of policemen and firemen
killed or fatally injured.
The corporate authorities of any city or village by general ordinance
may provide for the payment of an allowance of money to the family or
dependents of any policemen or firemen employed by such city or village in
case he is killed or fatally injured while in the performance of his
duties. Such allowance shall not exceed $15,000. It shall be payable only
in case the injury arises from violence or other accidental cause and death
is directly due to such cause and results within one year after such injury.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/22-302) (from Ch. 108 1/2, par. 22-302)
Sec. 22-302.
Beneficiaries of allowance.
Any payment of death allowance made hereunder shall be made as follows:
(a) If there is a widow and minor child or children, then in equal parts
to the widow and minor child or children;
(b) If there is no widow but there is a minor child or children, then to
the minor child or children in equal parts;
(c) If there is no minor child or children but there is a widow, then
the entire allowance to the widow;
(d) If there is no widow or minor child, then to the next of kin
actually dependent on the deceased at the time of his death.
Provided, that in paying any allowance aforesaid any parent that is
actually dependent on the deceased at the time of his death shall be
entitled to share in such benefits on the same basis as the minor children
of the deceased; and a female unmarried child of full age or a male child
of full age that is physically or mentally disabled and wholly dependent on
the deceased for support at the time of his death, shall be entitled to the
use and benefit of such allowance in the same manner and to the same degree
as a minor child.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/22-303) (from Ch. 108 1/2, par. 22-303)
Sec. 22-303.
Conservation of allowance.
The corporate authorities of any such city or village may make provision
by ordinance for the conservation of the money paid under the foregoing
sections of this Division and the income therefrom through the means of a
duly accredited National or State bank acting as trustee of the fund
created thereby and making payments therefrom at stated intervals to such
family or dependents.
In the event any such corporate authorities shall make provision by
ordinance for the conservation of the money by the naming of a State or
National bank to act as trustee, such ordinance may specify the general
classes of securities, including tax warrants, in which such trustee may
invest such fund. It shall be unlawful for the trustee to invest the same
in any other class of securities except such as are so specified.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/22-304) (from Ch. 108 1/2, par. 22-304)
Sec. 22-304.
Source of payment.
The allowance of money to be paid in accordance with the foregoing
provisions of this Division may be paid:
(a) from a fund created and maintained out of the corporate revenues of
such city or village in such manner as the corporate authorities may
direct, or
(b) by means of group insurance taken out by such city or village for
the benefit of the families or dependents of policemen and firemen in a
regularly accredited legal reserve life insurance company with premiums to
be paid out of the corporate revenues of the city or village.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/22-305) (from Ch. 108 1/2, par. 22-305)
Sec. 22-305.
Certificate of clerk or other officer.
Upon the death of a policeman or fireman who is killed or fatally
injured while in the performance of his duty, the city or village clerk, as
the case may be, or any officer of such city or village authorized by the
corporate authorities of such city or village to act in lieu of such clerk,
shall make out a certificate in such form as may be prescribed by
ordinance. Such certificate shall set forth the facts which caused the
death, and shall have attached the certificate of the attending physician
or the chief health officer of the city or village, stating that such death
was the result of violence or accident. The certificates shall be filed
with the treasurer of the city or village if the allowance is to be paid
out of the corporate fund set apart for that purpose. If insurance has been
taken out the certificates shall be forwarded to the life insurance company
liable therefor. Upon the presentation of said certificates, payment shall
be made out of such fund or by such life insurance company, as the case may
be, to the executor or administrator of the estate of such policeman or
fireman, or to the bank acting as the trustee for such purpose if such
trustee has been provided for by ordinance.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/22-306) (from Ch. 108 1/2, par. 22-306)
Sec. 22-306.
The corporate authorities of any city or the village may provide by
ordinance that in case of an accident resulting in an injury to or death of
a policeman or fireman in the employ of such city or village while in the
performance of his duties, the officer at the head of the department or
such other officer as may be designated may secure and provide proper
medical care and hospital treatment for any such policeman or fireman. The
city or village may incur the expense aforesaid and appropriate and pay for
the same.
For a city with a population of more than 1,000,000 inhabitants, an ordinance providing policeman and fireman medical care and hospital treatment under this Section shall provide:
If any such accident shall be due to the negligence of some person or
corporation that would be liable in damages therefor, the city or village
may recover any expense of medical care and hospital treatment expended by
it from the person or corporation liable.
The corporate authorities of any city or village may provide by
ordinance for the payment by said city or village of all or any part of the
cost of a hospital plan or medical-surgical plan, or both, for the
dependents of any policeman or fireman killed in the line of duty or who
dies as the result of duty connected injuries, and for any policeman or
fireman and his dependents, provided his retirement is caused by a duty
injury or occupational disease disability and for any policeman and fireman
and his dependents, provided he has reached compulsory retirement age or
has served in the employ of the city or village for at least 20 years.
"Dependent" as used in this paragraph shall mean the wife of the policeman
or fireman and his minor children less than 20 years of age and living at
home and dependent on the policeman or fireman for support.
This amendatory Act of the 102nd General Assembly applies only to a city that is a home rule unit with a population of more than 1,000,000 inhabitants and is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
This amendatory Act of 1971 does not apply to any city or village which
is a home rule unit.

(Source: P.A. 102-202, eff. 7-30-21.)

(40 ILCS 5/22-306.1) (from Ch. 108 1/2, par. 22-306.1)
Sec. 22-306.1.

(a) If a physician, medical facility or other provider
of medical treatment receives notice from a municipality that, pursuant to
an ordinance enacted under Section 22-306 or under its home rule powers,
the municipality is willing to assume liability for all or part of the
medical expenses of a policeman or firefighter injured in the line of duty,
and if the provider consents to such assumption of liability by the
municipality for all or part of the cost of the medical services being
provided, then the policeman or firefighter shall thereupon cease to be
liable to the provider for any charges for which liability has been assumed
by the municipality, and the provider may not thereafter attempt to collect
such charges from the policeman or firefighter, nor from the family or estate thereof.
(b) With respect to any liability assumed by a municipality under
subsection (a) of this Section, interest on the unpaid amount thereof shall
begin to accrue 90 days after receipt of proof of claim by the municipality
(or its agent or insurer if it so directs), at the rate established for
judgments in the Code of Civil Procedure.
(c) Pursuant to paragraphs (h) and (i) of Section 6 of Article VII of
the Illinois Constitution, this Section specifically denies and limits the
exercise by a home rule unit of any power which is inconsistent herewith,
and all existing laws and ordinances which are inconsistent with this
Section are hereby superseded. This Section does not preempt the
concurrent exercise by home rule units of powers consistent herewith.

(Source: P.A. 84-845.)

(40 ILCS 5/22-307) (from Ch. 108 1/2, par. 22-307)
Sec. 22-307.
Common law rights barred.

Whenever any city or village enacts an ordinance pursuant to this
Division, no common law right to recover damages against such
city or village for injury or death sustained by any policeman or fireman
while engaged in the line of his duty as such policeman or fireman, other
than the payment of the allowances of money and of the medical care and
hospital treatment provided in such ordinance, shall be available to any
policeman or fireman who is covered by the provisions of such ordinance, or
to anyone wholly or partially dependent upon such policeman or fireman, or
to the legal representative of the estate of such policeman or fireman, or
to anyone who would otherwise be entitled to recover damages for such injury or
death. Nothing in this Division 3 relieves any municipality with a
population under 500,000 of its duties under the Workers' Compensation Act or
the Workers' Occupational Diseases Act. Nothing in this Division 3 prevents
any policeman or fireman in a municipality with a population under 500,000 from
recovery under the Workers' Compensation Act or the Workers' Occupational
Diseases Act.
If any action against such city or village to enforce a common law right to recover damages for negligently causing the injury or
death of any policeman or fireman is pending, for trial or on appeal, at
the time this Division shall come in force or is so pending at the time
such ordinance is enacted, the amount of any award or allowance of money
made pursuant to such ordinance shall not be paid while such action is so
pending and shall be reduced, before payment, by the amount of any judgment
obtained against such city or village in such pending action; or such
allowance of money, if already paid, together with all moneys expended
pursuant to such ordinance for medical care and hospital expenses, may be
set off against such judgment, either in such pending action or through
other appropriate action by such city or village.

(Source: P.A. 90-525, eff. 11-12-97.)

(40 ILCS 5/22-308) (from Ch. 108 1/2, par. 22-308)
Sec. 22-308.
Action by city or village against third party.
Where the death of a policeman or fireman for which an award or
allowance of money is payable by any city or village under any ordinance
enacted pursuant to the provisions of this Division, was not proximately
caused by the negligence of such city or village, and was caused under
circumstances creating a legal liability for damages on the part of some
person other than such city or village, then legal proceedings may be taken
against such other person to recover damages notwithstanding such award or
allowance by such city or village. If the action against such other person
is brought by the personal representative of such deceased policeman or
fireman, and judgment is obtained and paid, or settlement is made with such
other person, either with or without suit, then the amount received by such
representative shall be deducted from such award or allowance. Such city or
village may have or claim a lien upon any judgment or fund out of which
such representative might be compensated from such third party, for any
moneys paid out of such award or allowance previous to such judgment or
settlement.
Where action is brought by the representative of a deceased policeman or
fireman, the personal representative shall forthwith notify such city or
village by personal service or registered mail, of such fact and of the
name of the court in which such suit is brought, filing proof of such
notice in such action. Such city or village may, at any time thereafter,
join in said action upon its own motion, and proper orders of court after
hearing and judgment shall be made for the protection of such city or
village. No release or settlement of claim for damages by reason of such
death, and no satisfaction of judgment in such proceedings, shall be valid
without the written consent of such city or village or of any board of
trustees authorized by ordinance to administer the fund herein created,
excepting that such consent shall not be required where such city or
village has been fully indemnified or protected by Court order.
Where the personal representative of such deceased policeman or fireman
fails to institute a proceedings against such third person at any time
prior to 3 months before said action would be barred at law, such city or
village may in its own name, or in the name of the personal representative,
commence a proceeding against such other person for the recovery of damages
on account of such death. From any amount so recovered such city or village
shall pay to the personal representative of such deceased policeman or
fireman all sums collected from such other person by judgment or otherwise
in excess of the amount of any award or allowance of money paid or to be
paid under this Division, and such costs, attorney's fees and reasonable
expenses as may be incurred by such city or village in making such
collection or in enforcing such liability. No payment shall be made by such
city or village on account of any award or allowance of money made under
the provisions of any ordinance enacted pursuant to this Division, during
the pendency, for trial or on appeal, of such suit for damages unless such
city or village is fully protected in such suit by Court order.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/Art. 22 Div. 4 heading)

(40 ILCS 5/22-401) (from Ch. 108 1/2, par. 22-401)
Sec. 22-401.
Pension fund - body politic and corporate.
Any annuity and benefit fund, annuity and retirement fund or retirement
system, heretofore or hereafter created by the legislature of the State of
Illinois for the benefit of employees of the State or of any county, city,
town, municipal corporation or body politic and corporate, located in the
State of Illinois and functioning pursuant to legislative enactment, to
which the State or any such county, city, town, municipal corporation or
body politic and corporate is required to contribute by way of tax levies,
appropriations from the corporate fund, or otherwise, and by whatever name
such annuity and benefit fund, annuity and retirement fund or retirement
system may be called, is hereby declared to be a pension fund and to be a
body politic and corporate under the title specified in the law creating
such fund, limited to the performance of the duties set out in the law
creating such fund. The trustees of each fund are hereby declared to be the
officials of such body politic and corporate, vested with the powers and
duties set out in said law.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/22-402) (from Ch. 108 1/2, par. 22-402)
Sec. 22-402.
Purpose of fund.
Each such pension fund is hereby declared to be created in the public
interest and for the general welfare of the State, and pursuant to the
governmental powers of the State, separate and apart from the corporate
purposes of the State, and of any county, city, town, municipal corporation
or body politic and corporate in the State, and in which such pension fund
is empowered to operate by virtue of the terms and provisions of the law
creating such pension fund.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/22-403) (from Ch. 108 1/2, par. 22-403)
Sec. 22-403.
Tax levy - nature of obligation.
Any tax heretofore or hereafter levied for the benefit or purposes of
any such pension fund by the tax-levying body authorized by the law
creating such fund to levy such tax, and any payment or contribution to
such fund made by the State, or by any county, city, town, municipal
corporation or body politic and corporate located in the State, is hereby
declared to be so levied or so contributed for governmental purposes under
such law, and not for the corporate purposes of such tax-levying body, or
of the State, or of any county, city, town, municipal corporation or body
politic and corporate of the State, irrespective of the nature or character
of the duties performed or services rendered by any employee member of any
such pension fund. This section shall not apply to any tax levies
heretofore adjudicated by the Supreme Court of this State. Any pension
payable under any law hereinbefore referred to shall not be construed to be
a legal obligation or debt of the State, or of any county, city, town,
municipal corporation or body politic and corporate located in the State,
other than the pension fund concerned, but shall be held to be solely an
obligation of such pension fund, unless otherwise specifically provided in
the law creating such fund.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/22-404) (from Ch. 108 1/2, par. 22-404)
Sec. 22-404.
Obligation for expenditures.
Expenditures made and expenses incurred in connection with the
administration of any pension fund shall not be construed to be a debt
imposed upon the State or upon any county, city, town, municipal
corporation or body politic and corporate of the State, to be paid out of
taxes levied for corporate purposes. Such expenditures and expenses shall
be held to be the obligation of such pension fund exclusively, as a body
politic and corporate, unless otherwise specifically provided in the law
creating such pension fund.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/22-405) (from Ch. 108 1/2, par. 22-405)
Sec. 22-405.
Employees of two or more municipal corporations.
Employees of two or more municipal corporations having the same
territorial limits and the same taxpayers, or of two or more bodies politic
and corporate having the same territorial limits, may be included in and
become members of any pension fund operating in any one of such municipal
corporations, or of such bodies politic and corporate, and shall be
entitled to all the benefits of such pension fund, whenever the terms and
provisions of the law creating such pension fund shall so provide.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/Art. 22 Div. 5 heading)

(40 ILCS 5/22-501) (from Ch. 108 1/2, par. 22-501)
Sec. 22-501.
(Repealed).

(Source: Laws 1963, p. 161. Repealed by P.A. 90-507, eff. 8-22-97.)

(40 ILCS 5/22-501.1) (from Ch. 108 1/2, par. 22-501.1)
Sec. 22-501.1.
(Repealed).

(Source: P.A. 80-906. Repealed by P.A. 90-507, eff. 8-22-97.)

(40 ILCS 5/22-501.2) (from Ch. 108 1/2, par. 22-501.2)
Sec. 22-501.2.
(Repealed).

(Source: P.A. 83-861. Repealed by P.A. 90-507, eff. 8-22-97.)

(40 ILCS 5/22-501.3) (from Ch. 108 1/2, par. 22-501.3)
Sec. 22-501.3.
(Repealed).

(Source: P.A. 83-861. Repealed by P.A. 90-507, eff. 8-22-97.)

(40 ILCS 5/22-501.4) (from Ch. 108 1/2, par. 22-501.4)
Sec. 22-501.4.
(Repealed).

(Source: P.A. 83-861. Repealed by P.A. 90-507, eff. 8-22-97.)

(40 ILCS 5/22-501.5) (from Ch. 108 1/2, par. 22-501.5)
Sec. 22-501.5.
(Repealed).

(Source: P.A. 83-861. Repealed by P.A. 90-507, eff. 8-22-97.)

(40 ILCS 5/22-501.6) (from Ch. 108 1/2, par. 22-501.6)
Sec. 22-501.6.
(Repealed).

(Source: P.A. 83-861. Repealed by P.A. 90-507, eff. 8-22-97.)

(40 ILCS 5/22-501.7) (from Ch. 108 1/2, par. 22-501.7)
Sec. 22-501.7.
(Repealed).

(Source: P.A. 83-861. Repealed by P.A. 90-507, eff. 8-22-97.)

(40 ILCS 5/22-501.8) (from Ch. 108 1/2, par. 22-501.8)
Sec. 22-501.8.
(Repealed).

(Source: P.A. 83-861. Repealed by P.A. 90-507, eff. 8-22-97.)

(40 ILCS 5/22-501.9) (from Ch. 108 1/2, par. 22-501.9)
Sec. 22-501.9.
(Repealed).

(Source: P.A. 83-861. Repealed by P.A. 90-507, eff. 8-22-97.)

(40 ILCS 5/22-501.10) (from Ch. 108 1/2, par. 22-501.10)
Sec. 22-501.10.
(Repealed).

(Source: P.A. 83-861. Repealed by P.A. 90-507, eff. 8-22-97.)

(40 ILCS 5/22-501.11) (from Ch. 108 1/2, par. 22-501.11)
Sec. 22-501.11.
(Repealed).

(Source: P.A. 83-861. Repealed by P.A. 90-507, eff. 8-22-97.)

(40 ILCS 5/22-501.12) (from Ch. 108 1/2, par. 22-501.12)
Sec. 22-501.12.
(Repealed).

(Source: P.A. 83-861. Repealed by P.A. 90-507, eff. 8-22-97.)

(40 ILCS 5/22-501.13) (from Ch. 108 1/2, par. 22-501.13)
Sec. 22-501.13.
(Repealed).

(Source: P.A. 83-861. Repealed by P.A. 90-507, eff. 8-22-97.)

(40 ILCS 5/22-501.14) (from Ch. 108 1/2, par. 22-501.14)
Sec. 22-501.14.
(Repealed).

(Source: P.A. 83-861. Repealed by P.A. 90-507, eff. 8-22-97.)

(40 ILCS 5/22-502) (from Ch. 108 1/2, par. 22-502)
Sec. 22-502.
(Repealed).

(Source: Laws 1963, p. 1035. Repealed by P.A. 90-507, eff. 8-22-97.)

(40 ILCS 5/22-503) (from Ch. 108 1/2, par. 22-503)
Sec. 22-503.
(Repealed).

(Source: P.A. 83-861. Repealed by P.A. 90-507, eff. 8-22-97.)

(40 ILCS 5/22-503.1) (from Ch. 108 1/2, par. 22-503.1)
Sec. 22-503.1.
(Repealed).

(Source: P.A. 83-861. Repealed by P.A. 90-507, eff. 8-22-97.)

(40 ILCS 5/22-503.2) (from Ch. 108 1/2, par. 22-503.2)
Sec. 22-503.2.
(Repealed).

(Source: P.A. 83-861. Repealed by P.A. 90-507, eff. 8-22-97.)

(40 ILCS 5/22-504) (from Ch. 108 1/2, par. 22-504)
Sec. 22-504.
(Repealed).

(Source: Laws 1963, p. 161. Repealed by P.A. 90-507, eff. 8-22-97.)

(40 ILCS 5/22-505) (from Ch. 108 1/2, par. 22-505)
Sec. 22-505.
(Repealed).

(Source: P.A. 87-757. Repealed by P.A. 90-507, eff. 8-22-97.)

(40 ILCS 5/22-506) (from Ch. 108 1/2, par. 22-506)
Sec. 22-506.
(Repealed).

(Source: P.A. 83-334. Repealed by P.A. 90-507, eff. 8-22-97.)

(40 ILCS 5/22-507) (from Ch. 108 1/2, par. 22-507)
Sec. 22-507.
(Repealed).

(Source: P.A. 77-2560. Repealed by P.A. 90-507, eff. 8-22-97.)

(40 ILCS 5/22-508) (from Ch. 108 1/2, par. 22-508)
Sec. 22-508.
(Repealed).

(Source: Laws 1963, p. 161. Repealed P.A. 90-507, eff. 8-22-97.)

(40 ILCS 5/22-509) (from Ch. 108 1/2, par. 22-509)
Sec. 22-509.
(Repealed).

(Source: P.A. 81-691. Repealed by P.A. 90-507, eff. 8-22-97.)

(40 ILCS 5/Art. 22 Div. 6 heading)

(40 ILCS 5/22-601) (from Ch. 108 1/2, par. 22-601)
Sec. 22-601.
Preservation of pension rights.
The provisions of "An Act authorizing municipal corporations to preserve
civil service and pension rights of their employees inducted into or
enlisting in the land or naval forces of the United States, or ordered to
active duty in the military or naval forces of the State", approved March
26, 1941, and all subsequent amendments and modifications thereof, to the
extent applicable, shall apply to preserve pension rights of employees
subject to this Code.

(Source: Laws 1963, p. 2034.)

(40 ILCS 5/Art. 22 Div. 7 heading)

(40 ILCS 5/22-701) (from Ch. 108 1/2, par. 22-701)
Sec. 22-701.
Employee with service as elected official.
(a) In addition to all the other powers now granted by law, the city
council of any city of more than 500,000 inhabitants shall, by ordinance,
provide for the payment of a pension from the corporate fund of such city
to any city employee who has served the city in an elective capacity for 18
or more years and who subsequently has served such city as an employee for
a period of time which when added to the period of his service as an
elective official aggregates a total service of 30 or more years, and who
is not eligible for participation in any established pension fund or any
established annuity and benefit fund, upon such employee reaching age 65 or
more and whose service shall be terminated by resignation or otherwise.
(b) The pension herein authorized under paragraph (a) shall be an annual
pension of 60% of the annual salary or compensation paid to such employee
during the last year of his service, provided that such annual pension
shall not exceed $1800.
(c) The pension herein authorized to be granted shall be paid to the
person entitled in the same manner as his salary was paid during his last
period of service by appropriations from moneys in the corporate fund of
such city in the annual appropriation bill.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/Art. 22 Div. 8 heading)

(40 ILCS 5/22-803)
Sec. 22-803. Commission on Government Forecasting and Accountability. The
Illinois State Board of
Investment and all pension funds and retirement systems subject to this Code
shall cooperate with the
Commission on Government Forecasting and Accountability
and shall upon request provide
the Commission with such information and other assistance as it may find
necessary or useful for the performance of its duties.

(Source: P.A. 93-632, eff. 2-1-04; 93-1067, eff. 1-15-05.)

(40 ILCS 5/Art. 22 Div. 9 heading)

(40 ILCS 5/22-901) (from Ch. 108 1/2, par. 22-901)
Sec. 22-901.
General provisions and savings clause.

The provisions of Article 1 and Article 23 of this Code apply to each
Division of this Article as though such provisions were fully set forth in
each Division of this Article as a part thereof.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/22-901.1) (from Ch. 108 1/2, par. 22-901.1)
Sec. 22-901.1.
Actuarial tables defined.
Tabular listings of assumed rates of decrement representing such factors
as death, disability, separation from service, and ages of retirement,
according to sex and ages of members of the retirement systems, together
with mathematical functions derived from rates of probability combined with
an interest discount factor that may be adopted by a board of trustees or
retirement board upon recommendation of a qualified actuary based upon the
experience of the pension fund or retirement system.

(Source: P.A. 77-1200.)

(40 ILCS 5/22-901.2) (from Ch. 108 1/2, par. 22-901.2)
Sec. 22-901.2.

Adjustment of retirement annuity under reversionary annuity
option.
Any member or participant of a pension fund or retirement system covered
by the provisions of this Code who elects a reversionary annuity option
shall have his retirement annuity otherwise payable to him reduced by the
actuarial equivalent of the amount required to provide the reversionary
annuity according to the applicable ages of the member or participant and
the reversionary annuity beneficiary.
The term "actuarial equivalent" shall mean an annuity or benefit of
equal value to an annuity or benefit or accumulated contributions when
computed according to the actuarial tables in effect for the pension fund
or retirement system.

(Source: P.A. 77-1468.)

(40 ILCS 5/Art. 22 Div. 10 heading)

(40 ILCS 5/22-1001) (from Ch. 108 1/2, par. 22-1001)
Sec. 22-1001. Submission of information. By March 1 of each year, the
retirement systems created under Articles 2, 14, 15, 16 and 18 of this Code
shall each submit the following information to the Commission on Government Forecasting and Accountability:
For plan years ending prior to December 31, 1984, the historical data
submitted by the retirement systems pursuant to items (4) and (6) above may
be based on a cost method other than the projected unit credit actuarial
cost method. In submitting the data, the retirement systems shall specify
the method used.

(Source: P.A. 93-632, eff. 2-1-04; 93-1067, eff. 1-15-05.)

(40 ILCS 5/22-1002) (from Ch. 108 1/2, par. 22-1002)
Sec. 22-1002. Within 3 days of the Governor's submission of the State
Budget, the Director of the
Governor's Office of Management and Budget shall provide the
Commission on Government Forecasting and Accountability
with the recommendations for budgeted annual appropriations for
each system as specified in the Governor's budget recommendations.

(Source: P.A. 93-632, eff. 2-1-04; 93-1067, eff. 1-15-05.)

(40 ILCS 5/22-1003) (from Ch. 108 1/2, par. 22-1003)
Sec. 22-1003. The Commission on Government Forecasting and Accountability shall receive the information specified in Section 22-1001
and Section 22-1002 of this Act. Commission staff shall examine the
information and submit a report of the analysis thereof to the General
Assembly. The report shall also include either an analysis of the effect of
the different economic assumptions used by the 5 systems, or supplemental
valuations using the same economic assumptions for all 5 systems. The
Commission shall compare (1) each system's required actuarial funding computed
using the projected unit credit actuarial cost method, and (2) the
required State contribution levels established by Public Act 88-593. The report shall also identify the amount
of the required funding for each system expected to come from (i) budgeted
annual appropriations and (ii) continuing appropriations under the State
Pension Funds Continuing Appropriation Act.
The Commission shall also compute multiple year projections showing the
effect on system liabilities and the State's annual cost (1) if the systems
were to be funded according to actuarial recommendations that
the Commission deems reasonable, (2) if each system were to be funded
according to recommendations made by the system's actuary, and (3) if the
systems were to be funded according to the required State contribution levels
established by Public Act 88-593;
including (i) comparisons of State costs with projected benefit payments,
payroll, and the general funds budget, and (ii) comparisons of unfunded
liabilities, funded ratios, solvency tests, and projected reserves. The
Commission may conduct additional analyses and projections as it deems useful.

(Source: P.A. 93-632, eff. 2-1-04; 93-1067, eff. 1-15-05.)

(40 ILCS 5/22-1004)
Sec. 22-1004. Commission on Government Forecasting and Accountability report on Articles 3 and 4 funds. Each odd numbered year, the Commission on Government Forecasting and Accountability shall analyze data submitted by the Public Pension Division of the Illinois Department of Financial and Professional Regulation pertaining to the pension systems established under Article 3 and Article 4 of this Code. The Commission shall issue a formal report during such years, the content of which is, to the extent practicable, to be similar in nature to that required under Section 22-1003. In addition to providing aggregate analyses of both systems, the report shall analyze the fiscal status and provide forecasting projections for selected individual funds in each system. To the fullest extent practicable, the report shall analyze factors that affect each selected individual fund's unfunded liability and any actuarial gains and losses caused by salary increases, investment returns, employer contributions, benefit increases, change in assumptions, the difference in employer contributions and the normal cost plus interest, and any other applicable factors. In analyzing net investment returns, the report shall analyze the assumed investment return compared to the actual investment return over the preceding 10 fiscal years. The Public Pension Division of the Department of Financial and Professional Regulation shall provide to the Commission any assistance that the Commission may request with respect to its report under this Section.

(Source: P.A. 95-950, eff. 8-29-08.)