Illinois Compiled Statutes
Pensions
Illinois Pension Code
40 ILCS 5/
ARTICLE 3. POLICE PENSION FUND - MUNICIPALITIES
500,000 and UNDER
(40 ILCS 5/3-109)
Sec. 3-109. Persons excluded.
- The following persons shall not be eligible to participate in a
fund created under this Article:
- part-time police officers, special police officers, night
watchmen, temporary employees, traffic guards or so-called auxiliary
police officers specially appointed to aid or direct traffic at or
near schools or public functions, or to aid in civil defense,
municipal parking lot attendants, clerks or other civilian employees
of a police department who perform clerical duties exclusively;
- any police officer who fails to pay the contributions
required under Section 3-125.1, computed (i) for funds established
prior to August 5, 1963, from the date the municipality established
the fund or the date of a police officer's first appointment
(including an appointment on probation), whichever is later, or
(ii) for funds established after August 5, 1963, from the date, as
determined from the statistics or census provided in Section 3-103,
the municipality became subject to this Article by attaining the
minimum population or by referendum, or the date of a police
officer's first appointment (including an appointment on probation),
whichever is later, and continuing during his or her entire service
as a police officer; and
- any person who has elected under Section 3-109.1 to
participate in the Illinois Municipal Retirement Fund rather than in
a fund established under this Article, without regard to whether the
person continues to be employed as chief of police or is employed in
some other rank or capacity within the police department, unless the
person has lawfully rescinded that election.
- A police officer who is reappointed shall, before being
declared eligible to participate in the pension fund, repay to the fund
as required by Section 3-124 any refund received there under.
- Any person otherwise qualified to participate who was excluded
from participation by reason of the age restriction removed by Public
Act 79-1165 may elect to participate by making a written application to
the Board before January 1, 1990. Persons so electing shall begin
participation on the first day of the month following the date of
application. Such persons may also elect to establish creditable
service for periods of employment as a police officer during which they
did not participate by paying into the police pension fund, before
January 1, 1990, the amount that the person would have contributed had
deductions from salary been made for such purpose at the time such
service was rendered, together with interest thereon at 6% per annum
from the time such service was rendered until the date the payment is
made.
- A person otherwise qualified to participate who was excluded
from participation by reason of the fitness requirement removed by this
amendatory Act of 1995 may elect to participate by making a written
application to the Board before July 1, 1996. Persons so electing shall
begin participation on the first day of the month following the month in
which the application is received by the Board. These persons may also
elect to establish creditable service for periods of employment as a
police officer during which they did not participate by paying into the
police pension fund, before January 1, 1997, the amount that the person
would have contributed had deductions from salary been made for this
purpose at the time the service was rendered, together with interest
thereon at 6% per annum, compounded annually, from the time the service
was rendered until the date of payment.
(Source: P.A. 89-52, eff. 6-30-95; 90-460, eff. 8-17-97.)
(40 ILCS 5/3-109.1)
Sec. 3-109.1. Chief of police.
- Beginning January 1, 1990, any person who is employed as the
chief of police of a "participating municipality" as defined in Section
7-106 of this Code, may elect to participate in the Illinois Municipal
Retirement Fund rather than in a fund created under this Article 3.
Except as provided in subsection (b), this election shall be
irrevocable, and shall be filed in writing with the Board of the
Illinois Municipal Retirement Fund.
- Until January 1, 1999, a chief of police who has elected under
this Section to participate in IMRF rather than a fund created under
this Article may elect to rescind that election and transfer his or her
participation to the police pension fund established under this Article
by the employing municipality. The chief must notify the boards of
trustees of both funds in writing of his or her decision to rescind the
election and transfer participation. A chief of police who transfers
participation under this subsection (b) shall not be deemed ineligible
to participate in the police pension fund by reason of having failed to
apply within the 3-month period specified in Section 3-106.
(Source: P.A. 90-460, eff. 8-17-97.)