Illinois Compiled Statutes
40 ILCS 5/2-154 (2026)
Assignment
✓ current as of May 2026
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(40 ILCS 5/2-154)
(from Ch. 108 1/2, par. 2-154)
Sec. 2-154.
Assignment.
Except as provided in this Article, all moneys
in the fund created by this Article, and all securities and other property
of the System, and all annuities and other benefits payable under this
Article, and all accumulated contributions and other credits of
participants in this system, and the right of any person to receive an
annuity or other benefit under this Article, or a refund or return of
contributions, shall not be subject to judgment, execution, garnishment,
attachment or other seizure by process, in bankruptcy or otherwise, nor to
sale, pledge, mortgage or other alienation, and shall not be assignable.
However, a person receiving an annuity or benefit, or refund or return of
contributions, may authorize withholding from such annuity, benefit, refund
or return of contributions in accordance with the provisions of the "State
Salary and Annuity Withholding Act", approved August 21, 1961, as now or
hereafter amended.
The General Assembly finds and declares that the amendment to this
Section made by this amendatory Act of 1989 is a clarification of existing
law, and an indication of its previous intent in enacting and amending this
Section. Notwithstanding Section 1-103.1, application of this amendment
shall not be limited to persons in service on or after the effective date
of this amendatory Act of 1989.
(Source: P.A. 86-273.)
Notes of Decisions
Cited in 3
cases, 2013–2014 · leading case: Reynolds v. The Ret. Bd. of the Firemen's Annuity & Benefit Fund of Chicago, 2013 IL App (1st) 120052 (Ill. App. Ct. 2013).
Reynolds v. The Ret. Bd. of the Firemen's Annuity & Benefit Fund of Chicago, 2013 IL App (1st) 120052 (Ill. App. Ct. 2013). “” 40 ILCS 5/2-154 (West 2010). This prohibition of assignment by any pensioner or annuitant of any benefit is specifically reiterated in the Firemen’s Pension Fund.”
Hooker v. Ret. Bd. of the Fireman's Annuity & Benefit Fund, 2014 IL App (1st) 131568 (Ill. App. Ct. 2014). “Except as provided in this Article, all moneys in the fund created by this Article, and all securities and other property of the System, and all annuities and other benefits payable under this Article, and all accumulated contributions and other credits of participants in this…”
Hooker v. Ret. Bd. of the Fireman's Annuity & Benefit Fund, 2014 IL App (1st) 131568 (Ill. App. Ct. 2014). “Except as provided in this Article, all moneys in the fund created by this Article, and all securities and other property of the System, and all annuities and other benefits payable under this Article, and all accumulated contributions and other credits of participants in this…”
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