Illinois Compiled Statutes
Pensions
Illinois Pension Code
40 ILCS 5/
ARTICLE 3. POLICE PENSION FUND - MUNICIPALITIES
500,000 and UNDER
(40 ILCS 5/3-111)
Sec. 3-111. Pension.
- A police officer age 50 or more with 20 or more years of
creditable service, who is no longer in service as a police officer,
shall receive a pension of 1/2 of the salary attached to the rank held
by the officer on the police force for one year immediately prior to
retirement or, beginning July 1, 1987 for persons terminating service on
or after that date, the salary attached to the rank held on the last day
of service or for one year prior to the last day, whichever is greater.
The pension shall be increased by 2% of such salary for each additional
year of service over 20 years, up to 30 years, and 1% of such salary for
each additional year of service over 30 years, to a maximum of 75% of
such salary. No pension in effect on or granted after June 30, l973
shall be less than $200 per month. Beginning July 1, 1987, the minimum
retirement pension for a police officer having at least 20 years of
creditable service shall be $400 per month, without regard to whether or
not retirement occurred prior to that date.
- A police officer mandatory retired from service due to age by
operation of law, having at least 8 but less than 20 years of creditable
service, shall receive a pension equal to 2 1/2% of the salary attached
to the rank he or she held on the police force for one year immediately
prior to retirement or, beginning July 1, 1987 for persons terminating
service on or after that date, the salary attached to the rank held on
the last day of service or for one year prior to the last day, whichever
is greater, for each year of creditable service.
A police officer who retires or is separated from service having at
least 8 years but less than 20 years of creditable service, who is not
mandatory retired due to age by operation of law, and who does not
apply for a refund of contributions at his or her last separation from
police service, shall receive a pension upon attaining age 60 equal to
2.5% of the salary attached to the rank held by the police officer on
the police force for one year immediately prior to retirement or,
beginning July 1, 1987 for persons terminating service on or after that
date, the salary attached to the rank held on the last day of service or
for one year prior to the last day, whichever is greater, for each year
of creditable service.
- A police officer no longer in service who has at least one but
less than 8 years of creditable service in a police pension fund but
meets the requirements of this subsection (c) shall be eligible to
receive a pension from that fund equal to 2.5% of the salary attached to
the rank held on the last day of service under that fund or for one year
prior to that last day, whichever is greater, for each year of
creditable service in that fund. The pension shall begin no earlier
than upon attainment of age 60 (or upon mandatory retirement from the
fund by operation of law due to age, if that occurs before age 60) and
in no event before the effective date of this amendatory Act of 1997.
In order to be eligible for a pension under this subsection (c), the
police officer must have at least 8 years of creditable service in a
second police pension fund under this Article and be receiving a pension
under subsection (a) or (b) of this Section from that second fund. The
police officer need not be in service on or after the effective date of
this amendatory Act of 1997.
(Source: P.A. 90-460, eff. 8-17-97.)
(40 ILCS 5/3-111.1)
Sec. 3-111.1. Increase in pension.
- Except as provided in subsection (e), the monthly pension of a
police officer who retires after July 1, 1971, and prior to January 1,
1986, shall be increased, upon either the first of the month following
the first anniversary of the date of retirement if the officer is 60
years of age or over at retirement date, or upon the first day of the
month following attainment of age 60 if it occurs after the first
anniversary of retirement, by 3% of the originally granted pension and
by an additional 3% of the originally granted pension in January of each
year thereafter.
- The monthly pension of a police officer who retired from
service with 20 or more years of service, on or before July 1, 1971,
shall be increased in January of the year following the year of
attaining age 65 or in January of 1972, if then over age 65, by 3% of
the originally granted pension for each year the police officer received
pension payments. In each January thereafter, he or she shall receive an
additional increase of 3% of the original pension.
- The monthly pension of a police officer who retires on
disability or is retired for disability shall be increased in January of
the year following the year of attaining age 60, by 3% of the original
grant of pension for each year he or she received pension payments. In
each January thereafter, the police officer shall receive an additional
increase of 3% of the original pension.
- The monthly pension of a police officer who retires after
January 1, 1986, shall be increased, upon either the first of the month
following the first anniversary of the date of retirement if the officer
is 55 years of age or over at the retirement date, or upon the first day
of the month following attainment of age 55 if it occurs after the first
anniversary of retirement, by 3% of the originally granted pension for
each full year that has elapsed since the pension began, and by an
additional 3% of the originally granted pension in January of each year
thereafter.
- Notwithstanding the provisions of subsection (a), upon the
first day of the month following (1) the first anniversary of the date
of retirement, or (2) the attainment of age 55, or (3) July 1, 1987,
whichever occurs latest, the monthly pension of a police officer who
retired on or after January 1, 1977 and on or before January 1, 1986,
and did not receive an increase under subsection (a) before July 1,
1987, shall be increased by 3% of the originally granted monthly pension
for each full year that has elapsed since the pension began, and by an
additional 3% of the originally granted pension in each January
thereafter. The increases provided under this subsection are in lieu of
the increases provided in subsection (a).
- Notwithstanding the other provisions of this Section, beginning
with increases granted on or after July 1, 1993, the second and all
subsequent automatic annual increases granted under subsection (a), (b),
(d), or (e) of this Section shall be calculated as 3% of the amount of
pension payable at the time of the increase, including any increases
previously granted under this Section, rather than 3% of the originally
granted pension amount. Section 1-103.1 does not apply to this
subsection (f).
(Source: P.A. 87-1265.)
(40 ILCS 5/3-112)
Sec. 3-112. Pension to survivors.
- Upon the death of a police officer entitled to a pension under
Section 3-111, the surviving spouse shall be entitled to the pension to
which the police officer was then entitled. Upon the death of the
surviving spouse, or upon the remarriage of the surviving spouse if that
remarriage terminates the surviving spouse's eligibility under Section
3-121, the police officer's unmarried children who are under age 18 or
who are dependent because of physical or mental disability shall be
entitled to equal shares of such pension. If there is no eligible
surviving spouse and no eligible child, the dependent parent or parents
of the officer shall be entitled to receive or share such pension until
their death or marriage or remarriage after the death of the police
officer.
- Upon the death of a police officer while in service, having at
least 20 years of creditable service, or upon the death of a police
officer who retired from service with at least 20 years of creditable
service, whether death occurs before or after attainment of age 50, the
pension earned by the police officer as of the date of death as provided
in Section 3-111 shall be paid to the survivors in the sequence provided
in subsection (a) of this Section.
- Upon the death of a police officer while in service, having at
least 10 but less than 20 years of service, a pension of 1/2 of the
salary attached to the rank or ranks held by the officer for one year
immediately prior to death shall be payable to the survivors in the
sequence provided in subsection (a) of this Section. If death occurs as
a result of the performance of duty, the 10 year requirement shall not
apply and the pension to survivors shall be payable after any period of
service.
- Beginning July 1, 1987, a minimum pension of $400 per month
shall be paid to all surviving spouses, without regard to the fact that
the death of the police officer occurred prior to that date.
(Source: P.A. 89-408, eff. 11-15-95.)
(40 ILCS 5/3-113.1)
Sec. 3-113.1. Minimum retirement, survivor, and disability
pensions.
- Beginning January 1, 1999, the minimum retirement pension
payable to a police officer with 20 or more years of creditable service,
the minimum disability pension payable under Section 3-114.1, 3-114.2,
or 3-114.3, and the minimum surviving spouse's pension shall be $600 per
month, without regard to whether the police officer was in service on or
after the effective date of this amendatory Act of the 91st General
Assembly.
In the case of a pensioner whose pension began before the effective
date of this amendatory Act and is subject to increase under this
subsection (a), the pensioner shall be entitled to a lump sum payment of
the amount of that increase accruing from January 1, 1999 (or the date
the pension began, if later) to the effective date of this amendatory
Act.
- Beginning January 1, 2000, the minimum retirement pension
payable to a police officer with 20 or more years of creditable service,
the minimum disability pension payable under Section 3-114.1, 3-114.2,
or 3-114.3, and the minimum surviving spouse's pension shall be $800 per
month, without regard to whether the police officer was in service on or
after the effective date of this amendatory Act of the 91st General
Assembly.
- Beginning January 1, 2001, the minimum retirement pension
payable to a police officer with 20 or more years of creditable service,
the minimum disability pension payable under Section 3-114.1, 3-114.2,
or 3-114.3, and the minimum surviving spouse's pension shall be $1000
per month, without regard to whether the police officer was in service
on or after the effective date of this amendatory Act of the 91st
General Assembly.
- This Section does not grant a pension to any surviving spouse
who is not otherwise eligible to receive a pension under this Article.
(Source: P.A. 91-466, eff. 8-6-99.)