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Illinois Compiled Statutes

40 ILCS 5/4-101 (2026)

Creation of fund

✓ current as of May 2026
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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. Bd. of Trs., Firemen's Annuity & Ben. Fund of Chicago, 610 N.E.2d 1250 (Ill. 1993).
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Collins v. Bd. of Trs., Firemen's Annuity & Ben. Fund of Chicago, 610 N.E.2d 1250 (Ill. 1993). “(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, 96 N.E.3d 516 (Ill. App. Ct. 2017). · 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 IL App (2d) 210648 (Ill. App. Ct. 2022). “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 Vill. of Westmont v. The Illinois Mun. Ret. Fund, 2015 IL App (2d) 141070 (Ill. App. Ct. 2015). · 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 Prot. Dist. v. Dep't of Emp. Sec., 2021 IL App (1st) 182525 (Ill. App. Ct. 2021). “See 40 ILCS 5/4-101 et seq. (West 2016) (setting forth the Illinois Firefighters’ Pension Fund).”
In re Marriage of Farrell, 2017 IL App (1st) 170611 (Ill. App. Ct. 2018). “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, 2017 IL App (1st) 170611 (Ill. App. Ct. 2018). · 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 Emp. Opportunity Comm'n v. City of Evanston, 854 F. Supp. 534 (N.D. Ill. 1994). “40 ILCS 5/4-101 (1993) (brackets in original).”
Prospect Heights Fire Prot. Dist. v. Dep't of Emp. Sec., 2021 IL App (1st) 182525 (Ill. App. Ct. 2021). “See 40 ILCS 5/4-101 et seq. (West 2016) (setting forth the Illinois Firefighters’ Pension Fund).”
The Vill. of Westmont v. The Illinois Mun. Ret. Fund, 2015 IL App (2d) 141070 (Ill. App. Ct. 2015). · 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 Vill. of Westmont v. The Illinois Mun. Ret. Fund, 2015 IL App (2d) 141070 (Ill. App. Ct. 2015). · 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 (Ill. App. Ct. 2002). · 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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