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Illinois Compiled Statutes

40 ILCS 5/3-128 (2026)

Board created

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(40 ILCS 5/3-128) (from Ch. 108 1/2, par. 3-128)
    Sec. 3-128. Board created. A board of 5 members shall constitute a board of trustees to administer the pension fund and to designate the beneficiaries thereof. The board shall be known as the "Board of Trustees of the Police Pension Fund" of the municipality.
    Two members of the board shall be appointed by the mayor or president of the board of trustees of the municipality involved. The 3rd and 4th members of the board shall be elected from the active participants of the pension fund by such active participants. The 5th member shall be elected by and from the beneficiaries.
    One of the members appointed by the mayor or president of the board of trustees shall serve for one year beginning on the 2nd Tuesday in May after the municipality comes under this Article. The other appointed member shall serve for 2 years beginning on the same date. Their successors shall serve for 2 years each or until their successors are appointed and qualified.
    The election for board members shall be held biennially on the 3rd Monday in April, at such place or places in the municipality and under the Australian ballot system and such other regulations as shall be prescribed by the appointed members of the board.
    The active pension fund participants shall be entitled to vote only for the active participant members of the board. All beneficiaries of legal age may vote only for the member chosen from among the beneficiaries. No person shall be entitled to cast more than one ballot at such election. The term of elected members shall be 2 years, beginning on the 2nd Tuesday of the first May after the election.
    Upon the death, resignation or inability to act of any elected board member, his or her successor shall be elected for the unexpired term at a special election, to be called by the board and conducted in the same manner as the regular biennial election.
    Members of the board shall neither receive nor have any right to receive any salary from the pension fund for services performed as trustees in that office.
(Source: P.A. 83-1440.)

    
Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 1997–2021 · leading case: City of Countryside v. City of Countryside Police Pension Bd. of Trs., 2018 IL App (1st) 171029, 122 N.E.3d 297.
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City of Countryside v. City of Countryside Police Pension Bd. of Trs., 2018 IL App (1st) 171029, 122 N.E.3d 297. “See 40 ILCS 5/3-128 (West 2016). The benefits at issue could not have been approved without the support of the three other Board members, who are drawn from the ranks of active and retired officers.”
Vill. of Hanover Park v. Bd. of Trs. of the Vill. of Hanover Park Police Pension Fund, 2021 IL App (2d) 200380, 184 N.E.3d 413. “BACKGROUND ¶4 The Board is an administrative agency created under section 3-128 of the Illinois Pension Code (Pension Code) (40 ILCS 5/3-128 (West 2018)). As authorized by section 3-132 of the Pension Code (id.”
City of Countryside v. City of Countryside Police Pension Bd. of Trs., 2018 IL App (1st) 171029. “See 40 ILCS 5/3-128 (West 2016). The benefits at issue could not have been approved without the support of the three other Board members, who are drawn from the ranks of active and retired officers.”
Bd. of Trs. of The Riverdale Police Pension Fund v. Vill. of Riverdale, 2014 IL App (1st) 130416, 14 N.E.3d 1110. “Plaintiff Pension Board is an administrative agency created by the Pension Code (40 ILCS 5/3-128 (West 2010)) with the exclusive authority to control and manage the Pension Fund (40 ILCS 5/3-132 (West 2010)).”
Bd. of Trs. of The Riverdale Police Pension Fund v. Vill. of Riverdale, 2014 IL App (1st) 130416. “Plaintiff Pension Board is an administrative agency created by the Pension Code (40 ILCS 5/3-128 (West 2010)) with the exclusive authority to control and manage the Pension Fund (40 ILCS 5/3-132 (West 2010)).”
Vill. of Hanover Park v. Bd. of Trs. of the Vill. of Hanover Park Police Pension Fund, 2021 IL App (2d) 200380, 184 N.E.3d 413. “BACKGROUND ¶4 The Board is an administrative agency created under section 3-128 of the Illinois Pension Code (Pension Code) (40 ILCS 5/3-128 (West 2018)). As authorized by section 3-132 of the Pension Code (id.”
Baldermann v. Bd. of Trs. of the Police Pension Fund of the Vill. of Chicago Ridge, 2014 IL App (1st) 140482, 27 N.E.3d 170. “1-14-0482 ¶ 21 ANALYSIS ¶ 22 The Board was created pursuant to article 3 of the Pension Code (40 ILCS 5/3-128 (West 2010)) (which applies to police pension funds in municipalities with fewer than 500,000 inhabitants) and consists of five members: two appointed by the mayor of…”
Baldermann v. Bd. of Trs. of the Police Pension Fund of the Vill. of Chicago Ridge, 2014 IL App (1st) 140482, 27 N.E.3d 170. “¶ 21 ANALYSIS ¶ 22 The Board was created pursuant to article 3 of the Pension Code (40 ILCS 5/3-128 (West 2010)) (which applies to police pension funds in municipalities with fewer than 500,000 inhabitants) and consists of five members: two appointed by the mayor of the village;…”
Vill. of Stickney v. Bd. of Trs. of the Police Pension Fund, No. 1-03-1111 Rel (Ill. App. Ct. 1st Dist. Mar. 30, 2004). “Similarly, the Code provision prescribing the makeup of the Board as including two members appointed by the president of the Village board of trustees (40 ILCS 5/3-128 (West 2002)) does not establish the right of the Village to intervene in hearings conducted by the Board.”
Morris v. Harper, 912 N.E.2d 1288 (Ill. App. Ct. 5th Dist. 2009). “" 40 ILCS 5/3-128 (West 2006). The powers and duties of the trustees are "to control and manage, exclusively, * * * the pension fund.”
Bd. of Trs. of Barrington Police Pension Fund v. Vill. of Barrington Ethics Bd., No. 1-96-0745 (Ill. App. Ct. 1st Dist. Mar. 26, 1997). “40 ILCS 5/3-128 (West 1994). In addition to other powers and duties set forth in sections 3- 133 through 3-140.”
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