Illinois Compiled Statutes
40 ILCS 5/4-106 (2026)
Firefighter, firefighters
✓ current as of May 2026
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(40 ILCS 5/4-106)
(from Ch. 108 1/2, par. 4-106)
Sec. 4-106.
Firefighter, firefighters.
"Firefighter, firefighters":
(a) In municipalities which have adopted Division 1 of Article 10 of the
Illinois Municipal Code, any person employed in the municipality's fire service
as a firefighter, fire engineer, marine engineer, fire pilot, bomb technician
or scuba diver; and in any of these positions where such person's duties also
include those of a firefighter as classified by the Civil Service Commission of
that city, and whose duty is to participate in the work of controlling and
extinguishing fires at the location of any such fires.
(b) In municipalities which are subject to Division 2.1 of Article 10 of the
Illinois Municipal Code, any person employed by a city in its fire service as a
firefighter, fire engineer, marine engineer, fire pilot, bomb technician, or
scuba diver; and, in any of these positions whose duties also include those of
a firefighter and are certified in the same manner as a firefighter in that
city.
(c) In municipalities which are subject to neither Division 1 nor Division
2.1 of Article 10 of the Illinois Municipal Code, any person who would have
been included as a firefighter under sub-paragraph (a) or (b) above except that
he served as a de facto and not as a de jure firefighter.
(d) Notwithstanding the other provisions of this Section, "firefighter"
does not include any person who is actively participating in the State
Universities Retirement System under subsection (h) of Section 15-107 with
respect to the employment for which he or she is a participating employee in
that System.
(e) This amendatory Act of 1977 does not affect persons covered
by this Article prior to September 22, 1977.
(Source: P.A. 90-576, eff. 3-31-98.)
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2016–2022 · leading case: Cronholm v. Bd. of Trs. of the Lockport Fire Prot. Dist. Firefighters' Pension Fund, 2016 IL App (3d) 150122 (Ill. App. Ct. 2016).
Cronholm v. Bd. of Trs. of the Lockport Fire Prot. Dist. Firefighters' Pension Fund, 2016 IL App (3d) 150122 (Ill. App. Ct. 2016). “See 40 ILCS 5/4-106(a), (b), (c) (West 2010).”
Brucki v. Orland Fire Prot. Dist., 2022 IL App (1st) 220288-U (Ill. App. Ct. 2022). “3(b) (West 2018)) and the Pension Code (40 ILCS 5/4-106(b) (West 2018)), including the definition of “firefighter.”
— 40 ILCS 5/4-106(a) — 1 case
Cronholm v. Bd. of Trs. of the Lockport Fire Prot. Dist. Firefighters' Pension Fund, 2016 IL App (3d) 150122 (Ill. App. Ct. 2016). “See 40 ILCS 5/4-106(a), (b), (c) (West 2010).”
— 40 ILCS 5/4-106(b) — 1 case
Brucki v. Orland Fire Prot. Dist., 2022 IL App (1st) 220288-U (Ill. App. Ct. 2022). “3(b) (West 2018)) and the Pension Code (40 ILCS 5/4-106(b) (West 2018)), including the definition of “firefighter.”
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