ILCS » Chapter 40 · Act 5
Illinois Compiled Statutes

40 ILCS 5/3-109.4 (2026)

Defined contribution plan for certain police officers

✓ current as of May 2026
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(40 ILCS 5/3-109.4)
    Sec. 3-109.4. Defined contribution plan for certain police officers.
    (a) Each municipality shall establish a defined contribution plan that aggregates police officer and employer contributions in individual accounts used for retirement. The defined contribution plan, including both police officer and employer contributions, established by the municipality must, at a minimum: meet the safe harbor provisions of the Internal Revenue Code of 1986, as amended; be a qualified plan under the Internal Revenue Code of 1986, as amended; and comply with all other applicable laws, rules, and regulations. Contributions shall vest immediately upon deposit in the police officer's account.
    A police officer who participates in the defined contribution plan under this Section may not earn creditable service or otherwise participate in the defined benefit plan offered by his or her employing municipality, except as an annuitant in another fund or as a survivor, while he or she is a participant in the defined contribution plan. The defined contribution plan under this Section shall not be construed to be a pension, annuity, or other defined benefit under this Code.
    (b) If a police officer who has more than 10 years of creditable service in a fund enters active service with a different municipality, he or she may elect to participate in the defined contribution plan under this Section in lieu of the defined benefit plan.
    A police officer who has elected under this subsection to participate in the defined contribution plan may, in writing, rescind that election in accordance with the rules of the board. Any employer contributions, and the earnings thereon, shall remain vested in the police officer's account. A police officer who rescinds the election may begin participating in the defined benefit plan on the first day of the month following the rescission.
    (c) As used in this Section, "defined benefit plan" means the retirement plan available to police officers under this Article who do not participate in the defined contribution plan under this Section.
(Source: P.A. 100-281, eff. 8-24-17.)

    
Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2025–2025 · leading case: Kooistra v. Bd. of Trs. of the Sycamore Police Pension Fund, 2025 IL App (2d) 240787 (Ill. App. Ct. 2025).
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Kooistra v. Bd. of Trs. of the Sycamore Police Pension Fund, 2025 IL App (2d) 240787 (Ill. App. Ct. 2025). “4 (40 ILCS 5/3-109.4 (West 2022)), which required municipalities to establish a defined contribution plan, offered as an alternative to a police pension fund, that would aggregate police officer and employee contributions into individual accounts for retirement purposes.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.