Illinois Compiled Statutes

40 ILCS 5/3-101 (2026)

Creation of fund

✓ current as of May 2026
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(40 ILCS 5/3-101) (from Ch. 108 1/2, par. 3-101)
    Sec. 3-101. Creation of fund. In each municipality, as defined in Section 3-103, the city council or the board of trustees, as the case may be, shall establish and administer a police pension fund, as prescribed in this Article, for the benefit of its police officers and of their surviving spouses, children, and certain other dependents. The duty of the corporate authorities of a municipality to establish and administer a police pension fund shall be suspended during any period during which the fund is dissolved under Section 3-144.6 of this Code.
(Source: P.A. 97-99, eff. 1-1-12.)

    
Notes of Decisions
Cited in 31 cases (3 in the last 5 years), 1993–2025 · leading case: Robbins v. Bd. of Trs. of the Carbondale Police Pension Fund, 687 N.E.2d 39 (Ill. 1997).
Robbins v. Bd. of Trs. of the Carbondale Police Pension Fund, 687 N.E.2d 39 (Ill. 1997). · cites it 2× “Chief Justice FREEMAN delivered the opinion of the court: Donnie Robbins petitioned the Carbondale Police Pension Fund for a disability pension pursuant to article III of the Illinois Pension Code.”
Newkirk v. Vill. of Steger, 536 F.3d 771 (7th Cir. 2008). “The level of an officer’s pension is determined solely by the pension board, which is independent from the police department, see 40 ILCS 5/3-101, 3-108.3, 3-128, 3-131, and 3-133, and an accounting of creditable time cannot be made before retirement.”
Ashmore v. Bd. of Trs. of the Bloomington Police Pension Fund, 2018 IL App (4th) 180196 (Ill. App. Ct. 2018). “40 ILCS 5/3-101 et seq. (West 2016). As relevant to this case, disability pensions are either (1) line-of-duty pensions or (2) not-on-duty pensions.”
Collins v. Bd. of Trs., Firemen's Annuity & Ben. Fund of Chicago, 610 N.E.2d 1250 (Ill. 1993). “(See 40 ILCS 5/3-101 et seq. (West 1992) (police pension fund—municipalities 500,000 and under); 40 ILCS 5/4-101 et seq.”
Bassett v. Pekin Police Pension Bd., 839 N.E.2d 130 (Ill. App. Ct. 2005). “(West 2002)) rather than the Police Pension Fund (40 ILCS 5/3-101 et seq. (West 2002)). The Board contends that this distinction limits the Shields holding to cases involving judicial pensions, leaving Phelan as the controlling authority with regard to police pensions.”
Vill. of Alsip v. Portincaso, 2017 IL App (1st) 153167 (Ill. App. Ct. 2017). “Petition to Intervene ¶ 16 Section 3-101 of the Illinois Pension Code (Pension Code) (40 ILCS 5/3-101 (West 2014)) entrusts the Pension Board with establishing and administering a police pension fund.”
DiFiore v. Ret. Bd. of the Policemen's Annuity & Benefit Fund, 729 N.E.2d 878 (Ill. App. Ct. 2000). “2 provides: "A police officer who becomes disabled as a result of any cause other than the performance of an act of duty, and who is found to be physically or mentally disabled so as to render necessary his * * * suspension or retirement from police service in the police…”
Piquard v. City of East Peoria, 887 F. Supp. 1106 (C.D. Ill. 1995). “Count IV alleges that Defendants: [Continue] to give force and effect to provisions of the Illinois Statutes, 40 ILCS 5/3-101, et seq., which on their face and as applied discriminate against qualified individuals with disabilities; deny such individuals entry, on the basis of…”
Of v. Howe, 96 N.E.3d 516 (Ill. App. Ct. 2017). “Compare 40 ILCS 5/3-101 to 3-152 (West 2016), 40 ILCS 5/4-101 to 4-144 (West 2016), and 40 ILCS 5/6-101 to 6-229 (West 2016).”
Mingus v. Bd. of Trs. of the Police Pension Fund of Peoria, 2011 IL App (3d) 110098 (Ill. App. Ct. 2011). “See 40 ILCS 5/3-101 (West 2008); Johnson, 114 Ill.”
In re Marriage of Farrell, 2017 IL App (1st) 170611 (Ill. App. Ct. 2018). “Compare 40 ILCS 5/3-101 to 3-152 (West 2016), 40 ILCS 5/4-101 to 4-144 (West 2016), and 40 ILCS 5/6-101 to 6-229 (West 2016).”
Vill. of Oak Brook v. Sheahan, 2015 IL App (2d) 140810 (Ill. App. Ct. 2015). “During that time, he accrued 152 months of service credit in Deerfield’s Police Pension Fund (Deerfield Fund), established under article 3 of the Pension Code (40 ILCS 5/3-101 et seq. (West 2012)). When he left his employment there, he received a refund of his contributions to…”
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