40 ILCS 5/3-124
Refund
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(40 ILCS 5/3-124)
(from Ch. 108 1/2, par. 3-124)
Sec. 3-124.
Refund.
A police officer who is separated from police
service after June 30, 1953 with less than 20 years of service is entitled
to a refund upon request of all
contributions made by the officer to the police pension
fund.
Acceptance of a refund shall bar the police officer and
his or her dependents
from any further participation in the benefits of this Article subject
to restoration upon re-entry into service and repayment to the fund of
the refund together with interest at 2% per annum from the
date of refund until
the date of repayment.
If a police officer dies with less than 10 years of police service,
the officer's
contributions to the police pension fund shall, upon the
written request of his or her surviving spouse, be refunded
to the spouse without interest. If
upon the death of a police officer, there is no surviving spouse, the
excess of the officer's contributions to the fund over
any pension payments shall be refunded to his or her heirs or estate.
Acceptance of this refund shall bar the police officer's
dependents or estate
from any further participation in the benefits provided under
this Article.
(Source: P.A. 83-1440.)
Notes of Decisions
Cited in 4
cases, 1993–2005 · leading case: Bassett v. Pekin Police Pension Board
Bassett v. Pekin Police Pension Board (2005)
“If upon the death of a police officer, there is no surviving spouse, the excess of the officer's contributions to the fund over any pension payments shall be refunded to his or her heirs or estate.”
Collins v. BOARD OF TRUSTEES, FIREMEN'S ANNUITY & BEN. FUND OF CHICAGO (1993)
“nd fire fighters funds for municipalities with fewer than 500,000 inhabitants contain mirror provisions that allow limited prior service credits only upon payment of appropriate contributions and interest (40 ILCS 5/3-110, 5/4-108 (West 1992)) and provisions which allow…”
Bassett v.Pekin Police Pension Board (2005)
“If upon the death of a police officer, there is no surviving spouse, the excess of the officer's contributions to the fund over any pension payments shall be refunded to his or her heirs or estate.”
Phelan v. Village of LaGrange Park Police Pension Fund (2001)
“Section 3-124 of the Pension Code provides in relevant part: "A police officer who is separated from police service after June 30, 1953 with less than 20 years of service is entitled to a refund upon request of all contributions made by the officer to the police pension fund.”
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