Illinois Compiled Statutes
40 ILCS 5/3-109.1 (2026)
Chief of police
✓ current as of May 2026
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(40 ILCS 5/3-109.1)
(from Ch. 108 1/2, par. 3-109.1)
Sec. 3-109.1. Chief of police.
(a) Except as provided in subsection (a-5), 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.
(a-5) On or after January 1, 2019, a person may not elect to participate in the Illinois Municipal Retirement Fund with respect to his or her employment as the chief of police of a participating municipality, unless that person became a participating employee in the Illinois Municipal Retirement Fund before January 1, 2019. (b) 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. 100-281, eff. 8-24-17.)
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2015–2025 · leading case: Vill. of Oak Brook v. Sheahan, 2015 IL App (2d) 140810 (Ill. App. Ct. 2015).
Vill. of Oak Brook v. Sheahan, 2015 IL App (2d) 140810 (Ill. App. Ct. 2015). “1 of the Illinois Pension Code (40 ILCS 5/3-109.1 (West 2012)), he elected to participate in the Illinois Municipal Retirement Fund (IMRF).”
Kooistra v. Bd. of Trs. of the Sycamore Police Pension Fund, 2025 IL App (2d) 240787 (Ill. App. Ct. 2025). “1 (see 40 ILCS 5/3-109.1 (West 2022)), which applied to chiefs of police.”
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