Illinois Compiled Statutes
40 ILCS 5/22-403 (2026)
Tax levy - nature of obligation
✓ current as of May 2026
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(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.)
Notes of Decisions
Cited in 3
cases, 2014–2016 · leading case: Jones v. Mun. Employees' Annuity & Benefit Fund, 2016 IL 119618 (Ill. 2016).
Jones v. Mun. Employees' Annuity & Benefit Fund, 2016 IL 119618 (Ill. 2016). “The City’s argument rests on section 22-403 of the Pension Code, which provides that “[a]ny pension payable under any law hereinbefore referred to shall not be construed to be a legal obligation or debt of the State, or *** city ***, but shall be held to be solely an obligation…”
Bd. of Trs. of The Riverdale Police Pension Fund v. Vill. of Riverdale, 2014 IL App (1st) 130416 (Ill. App. Ct. 2014). “40 ILCS 5/22-403 (West 2010). &7 On August 19, 2010, the Pension Board filed the underlying case seeking a declaratory judgment where it alleged the Village breached its statutory funding obligations under sections 3-125 and 3-127 of the Pension Code (40 ILCS 5/3-125 (West…”
Bd. of Trs. of The Riverdale Police Pension Fund v. Vill. of Riverdale, 2014 IL App (1st) 130416 (Ill. App. Ct. 2014). “40 ILCS 5/22-403 (West 2010). ¶7 On August 19, 2010, the Pension Board filed the underlying case seeking a declaratory judgment where it alleged the Village breached its statutory funding obligations under sections 3-125 and 3-127 of the Pension Code (40 ILCS 5/3-125 (West…”
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