Illinois Compiled Statutes
40 ILCS 5/3-124.1 (2026)
Re-entry into active service
✓ current as of May 2026
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(40 ILCS 5/3-124.1)
(from Ch. 108 1/2, par. 3-124.1)
Sec. 3-124.1. Re-entry into active service. (a) If a police officer who is
receiving
pension payments other than as provided in Section 3-109.3 re-enters active
service, pension payment shall be suspended
while he or she is in service. When he or she again retires, pension payments
shall be resumed. If the police officer remains in service after re-entry
for a period of less than 5 years, the pension shall be the same as upon
first retirement. If the officer's service after re-entry is at least 5
years and the officer makes the required contributions during the period
of re-entry, his or her pension shall be recomputed by taking into account
the additional period of service and salary. (b) If a police officer who first becomes a member on or after January 1, 2019 is receiving pension payments (other than as provided in Section 3-109.3) and re-enters active
service with any municipality that has established a pension fund under this Article, that police officer may continue to receive pension payments while he or she is in active service, but shall only participate in a defined contribution plan established by the municipality pursuant to Section 3-109.4 and may not establish creditable service in the pension fund established by that municipality or have his or her pension recomputed.
(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).
Kooistra v. Bd. of Trs. of the Sycamore Police Pension Fund, 2025 IL App (2d) 240787 (Ill. App. Ct. 2025). “1(b) of the Illinois Pension Code (40 ILCS 5/3-124.1(b) (West 2022)), plaintiff could not participate in Sycamore’s police pension fund.”
— 40 ILCS 5/3-124.1(b) — 1 case
Kooistra v. Bd. of Trs. of the Sycamore Police Pension Fund, 2025 IL App (2d) 240787 (Ill. App. Ct. 2025). “1(b) of the Illinois Pension Code (40 ILCS 5/3-124.1(b) (West 2022)), plaintiff could not participate in Sycamore’s police pension fund.”
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