40 ILCS 5/3-128
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 Board of Trustees
City of Countryside v. City of Countryside Police Pension Board of Trustees (2018)
“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.”
Village of Hanover Park v. Board of Trustees of the Village of Hanover Park Police Pension Fund (2021)
“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 Board of Trustees (2019)
“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.”
Board of Trustees of The Riverdale Police Pension Fund v. Village of Riverdale (2014)
“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)).”
Board of Trustees of The Riverdale Police Pension Fund v. Village of Riverdale (2014)
“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)).”
Village of Hanover Park v. Board of Trustees of the Village of Hanover Park Police Pension Fund (2021)
“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. The Board of Trustees of the Police Pension Fund of the Village of Chicago Ridge (2015)
“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. The Board of Trustees of the Police Pension Fund of the Village of Chicago Ridge (2015)
“¶ 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;…”
Village of Stickney v. Board of Trustees of the Police Pension Fund (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 (2009)
“" 40 ILCS 5/3-128 (West 2006). The powers and duties of the trustees are "to control and manage, exclusively, * * * the pension fund.”
Board of Trustees of Barrington Police Pension Fund v. Village of Barrington Ethics Board (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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