ILCS » Chapter 40 · Act 5

40 ILCS 5/4-109

Pension

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(40 ILCS 5/4-109) (from Ch. 108 1/2, par. 4-109)
    Sec. 4-109. Pension.
    (a) A firefighter age 50 or more with 20 or more years of creditable service, who is no longer in service as a firefighter, shall receive a monthly pension of 1/2 the monthly salary attached to the rank held by him or her in the fire service at the date of retirement.
    The monthly pension shall be increased by 1/12 of 2.5% of such monthly salary for each additional month over 20 years of service through 30 years of service, to a maximum of 75% of such monthly salary.
    The changes made to this subsection (a) by this amendatory Act of the 91st General Assembly apply to all pensions that become payable under this subsection on or after January 1, 1999. All pensions payable under this subsection that began on or after January 1, 1999 and before the effective date of this amendatory Act shall be recalculated, and the amount of the increase accruing for that period shall be payable to the pensioner in a lump sum.
    (b) A firefighter who retires or is separated from service having at least 10 but less than 20 years of creditable service, who is not entitled to receive a disability pension, and who did not apply for a refund of contributions at his or her last separation from service shall receive a monthly pension upon attainment of age 60 based on the monthly salary attached to his or her rank in the fire service on the date of retirement or separation from service according to the following schedule:
    For 10 years of service, 15% of salary;
    For 11 years of service, 17.6% of salary;
    For 12 years of service, 20.4% of salary;
    For 13 years of service, 23.4% of salary;
    For 14 years of service, 26.6% of salary;
    For 15 years of service, 30% of salary;
    For 16 years of service, 33.6% of salary;
    For 17 years of service, 37.4% of salary;
    For 18 years of service, 41.4% of salary;
    For 19 years of service, 45.6% of salary.
    (c) Notwithstanding any other provision of this Article, the provisions of this subsection (c) apply to a person who first becomes a firefighter under this Article on or after January 1, 2011.
    A firefighter age 55 or more who has 10 or more years of service in that capacity shall be entitled at his option to receive a monthly pension for his service as a firefighter computed by multiplying 2.5% for each year of such service by his or her final average salary.
    The pension of a firefighter who is retiring after attaining age 50 with 10 or more years of creditable service shall be reduced by one-half of 1% for each month that the firefighter's age is under age 55.
    The maximum pension under this subsection (c) shall be 75% of final average salary.
    For the purposes of this subsection (c), "final average salary" means the greater of: (i) the average monthly salary obtained by dividing the total salary of the firefighter during the 48 consecutive months of service within the last 60 months of service in which the total salary was the highest by the number of months of service in that period; or (ii) the average monthly salary obtained by dividing the total salary of the firefighter during the 96 consecutive months of service within the last 120 months of service in which the total salary was the highest by the number of months of service in that period.
    Beginning on January 1, 2011, for all purposes under this Code (including without limitation the calculation of benefits and employee contributions), the annual salary based on the plan year of a member or participant to whom this Section applies shall not exceed $106,800; however, that amount shall annually thereafter be increased by the lesser of (i) 3% of that amount, including all previous adjustments, or (ii) the annual unadjusted percentage increase (but not less than zero) in the consumer price index-u for the 12 months ending with the September preceding each November 1, including all previous adjustments.
    Nothing in this amendatory Act of the 101st General Assembly shall cause or otherwise result in any retroactive adjustment of any employee contributions.
(Source: P.A. 101-610, eff. 1-1-20.)

    
Notes of Decisions
Cited in 14 cases (6 in the last 5 years), 2008–2024 · leading case: In re Marriage of Grandt
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In re Marriage of Grandt (2022) illappct · cites it 3× “, 40 ILCS 5/4-109 (West 1996) (providing that the pension is a percentage of salary attained at retirement from service determined by years of creditable service).”
Barba v. The Village of Bensenville (2015) illappct · cites it 4× “-2- 2015 IL App (2d) 140337 ¶6 With the transition in the offing, Barba, who was 52 years old and eligible for retirement (40 ILCS 5/4-109(a) (West 2010) (age 50 or more)), told the Village manager that he intended to retire with 30 years’ service credit toward his pension.”
In re Marriage of Schurtz (2008) illappct “See 40 ILCS 5/4-109(a) (West 2004). He elected to receive disability payments instead of retirement benefits.”
Barba v. The Village of Bensenville (2015) illappct · cites it 4× “¶6 With the transition in the offing, Barba, who was 52 years old and eligible for retirement (40 ILCS 5/4-109(a) (West 2010) (age 50 or more)), told the Village manager that he intended to retire with 30 years’ service credit toward his pension.”
In re Marriage of Benson (2015) illappct “¶ 26 The Illinois Pension Code (Pension Code) (40 ILCS 5/1-101 to 24-109 (West 2012)) provides a retirement pension (40 ILCS 5/4-109 (West 2012)) and, alternatively, a disability pension (40 ILCS 5/4-110, 4-111 (West 2012)) for eligible firefighters in municipalities with less…”
Cronholm v. Board of Trustees of the Lockport Fire Protection District Firefighters' Pension Fund (2016) illappct “Prior to that, on October 9, 2009, Cronholm submitted an application to the Lockport Township Firemen’s Pension Fund for regular retirement benefits under section 4-109 of the Illinois Pension Code (40 ILCS 5/4-109 (West 2010)) to begin on November 1, 2009.”
Ivetic v. Bensenville Fire Protection District No.3 (2023) illappct “Based on the above, the Board would appear to lack the authority to shift a previous retirement award under 40 ILCS 5/4-109 to a disability pension.” After receiving the Department’s advisory opinion, the Board conducted a special meeting regarding James’ pension application.”
Trapp v. City of Burbank Firefighters' Pension Fund (2024) illappct “” On September 12, 2017, the Board granted plaintiff a “regular” retirement pension benefit pursuant to section 4-109 of the Illinois Pension Code (Code) (40 ILCS 5/4-109 (West 2016)). ¶6 On December 5, 2019, the federal government formally charged plaintiff with violating 18 U.”
Ivetic v. Bensenville Fire Protection District No. 2 (2023) illappct “Based on the above, the Board would appear to lack the authority to shift a previous retirement award under 40 ILCS 5/4-109 to a disability pension.” After receiving the Department’s advisory opinion, the Board conducted a special meeting regarding James’ pension application.”
In re Marriage of Shulga (2019) illappct “See 40 ILCS 5/4-109(a) (West 2016) (retirement eligibility at age 50).”
Ivetic v. Bensenville Fire Protection District No. 2 (2023) illappct “Based on the above, the Board would appear to lack the authority to shift a previous retirement award under 40 ILCS 5/4-109 to a disability pension.” After receiving the Department’s advisory opinion, the Board conducted a special meeting regarding James’ pension application.”
In Re Marriage of Schurtz (2008) illappct “See 40 ILCS 5/4-109(a) (West 2004). He elected to receive disability payments instead of retirement benefits.”
Show all 14 citing cases →
— 40 ILCS 5/4-109(a) — 6 cases
Barba v. The Village of Bensenville (2015) illappct “-2- 2015 IL App (2d) 140337 ¶6 With the transition in the offing, Barba, who was 52 years old and eligible for retirement (40 ILCS 5/4-109(a) (West 2010) (age 50 or more)), told the Village manager that he intended to retire with 30 years’ service credit toward his pension.”
In re Marriage of Schurtz (2008) illappct “See 40 ILCS 5/4-109(a) (West 2004). He elected to receive disability payments instead of retirement benefits.”
Barba v. The Village of Bensenville (2015) illappct “¶6 With the transition in the offing, Barba, who was 52 years old and eligible for retirement (40 ILCS 5/4-109(a) (West 2010) (age 50 or more)), told the Village manager that he intended to retire with 30 years’ service credit toward his pension.”
In re Marriage of Shulga (2019) illappct “See 40 ILCS 5/4-109(a) (West 2016) (retirement eligibility at age 50).”
In Re Marriage of Schurtz (2008) illappct “See 40 ILCS 5/4-109(a) (West 2004). He elected to receive disability payments instead of retirement benefits.”
— 40 ILCS 5/4-109(c) — 2 cases
Barba v. The Village of Bensenville (2015) illappct “-2- 2015 IL App (2d) 140337 ¶6 With the transition in the offing, Barba, who was 52 years old and eligible for retirement (40 ILCS 5/4-109(a) (West 2010) (age 50 or more)), told the Village manager that he intended to retire with 30 years’ service credit toward his pension.”
Barba v. The Village of Bensenville (2015) illappct “¶6 With the transition in the offing, Barba, who was 52 years old and eligible for retirement (40 ILCS 5/4-109(a) (West 2010) (age 50 or more)), told the Village manager that he intended to retire with 30 years’ service credit toward his pension.”
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