ILCS » Chapter 40 · Act 5

40 ILCS 5/4-101

Creation of fund

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(40 ILCS 5/4-101) (from Ch. 108 1/2, par. 4-101)
    Sec. 4-101. Creation of fund. In each municipality as defined in Section 4-103, the city council or the board of trustees, as the case may be, shall establish and administer a firefighters' pension fund as prescribed in this Article, for the benefit of its firefighters and of their surviving spouses, children and certain other dependents. The duty of the corporate authorities of a municipality to establish and administer a firefighters' pension fund shall be suspended during any period during which the fund is dissolved under subsection (c) of Section 4-106.1 of this Code.
(Source: P.A. 97-99, eff. 1-1-12.)

    
Notes of Decisions
Cited in 14 cases (5 in the last 5 years), 1993–2025 · leading case: Collins v. BOARD OF TRUSTEES, FIREMEN'S ANNUITY & BEN. FUND OF CHICAGO
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Collins v. BOARD OF TRUSTEES, FIREMEN'S ANNUITY & BEN. FUND OF CHICAGO (1993) ill “(West 1992) (police pension fund—municipalities 500,000 and under); 40 ILCS 5/4-101 et seq. (West 1992) (firefighters' pension fund—municipalities 500,000 and under); 40 ILCS 5/5-101 et seq.”
Of v. Howe (2017) illappct · cites it 2× “Article 4 of the Pension Code, titled "Firefighters' Pension Fund" ( 40 ILCS 5/4-101 to 4-144 (West 2016)), is applicable to municipalities with a population of 500,000 and under.”
In re Marriage of Grandt (2022) illappct “2 Judith alleged that the District, had a unified employee disability and pension plan under article 4 (titled “Firefighters’ Pension Fund— Municipalities 5000,000 and Under”) of the Illinois Pension Code (40 ILCS 5/4-101 et seq. (West 1996)) and Laurence, as an employee, was…”
The Village of Westmont v. The Illinois Municipal Retirement Fund (2015) illappct · cites it 6× “It stated that the Group IV classification conflicted with the Pension Code’s requirement that a municipality such as Westmont, which has not employed at least one full-time firefighter, and therefore has not provided a local pension fund for its firefighters (40 ILCS 5/4-101,…”
Prospect Heights Fire Protection District v. Department of Employment Security (2021) illappct “See 40 ILCS 5/4-101 et seq. (West 2016) (setting forth the Illinois Firefighters’ Pension Fund).”
In re Marriage of Farrell (2018) illappct “Compare 40 ILCS 5/3-101 to 3-152 (West 2016), 40 ILCS 5/4-101 to 4-144 (West 2016), and 40 ILCS 5/6-101 to 6-229 (West 2016).”
In re Marriage of Farrell (2018) illappct · cites it 2× “Article 4 of the Pension Code, titled “Firefighters’ Pension Fund” (40 ILCS 5/4-101 to 4­ 144 (West 2016)), is applicable to municipalities with a population of 500,000 and under.”
United States Equal Employment Opportunity Commission v. City of Evanston (1994) ilnd “40 ILCS 5/4-101 (1993) (brackets in original).”
Prospect Heights Fire Protection District v. Department of Employment Security (2021) illappct “See 40 ILCS 5/4-101 et seq. (West 2016) (setting forth the Illinois Firefighters’ Pension Fund).”
The Village of Westmont v. The Illinois Municipal Retirement Fund (2015) illappct · cites it 6× “It stated that the Group IV classification conflicted with the Pension Code’s requirement that a municipality such as Westmont, which has not employed at least one full-time firefighter, and therefore has not provided a local pension fund for its firefighters (40 ILCS 5/4-101,…”
The Village of Westmont v. The Illinois Municipal Retirement Fund (2015) illappct · cites it 6× “It stated that the Group IV classification conflicted with the Pension Code’s requirement that a municipality such as Westmont, which has not employed at least one full-time firefighter, and therefore has not provided a local pension fund for its firefighters (40 ILCS 5/4-101,…”
Karfs v. City of Belleville (2002) illappct · cites it 2× “40 ILCS 5/4-101 (West 1994). The city council is directed to levy a tax upon the taxable property of the municipality at a rate which will produce an amount that, when added to the firefighters' contributions and other revenues, will equal a sum sufficient to meet the annual…”
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