Illinois Compiled Statutes
40 ILCS 5/4-117 (2026)
Reentry into active service
✓ current as of May 2026
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(40 ILCS 5/4-117)
(from Ch. 108 1/2, par. 4-117)
Sec. 4-117. Reentry into active service. (a) If a firefighter receiving
pension payments
reenters active service, pension payments shall be suspended while he
or she is in service. If the firefighter again retires or is discharged,
his or her monthly pension shall be resumed in the same amount as was paid
upon first retirement or discharge
unless he or she remained in active service 3 or more years after re-entry
in which case the monthly pension shall be based on the salary attached
to the firefighter's rank at the date of last retirement.
(b) If a deferred pensioner re-enters active service, and again retires
or is discharged from the fire service, his or her pension shall be based
on the salary attached to the rank held in the fire service at the date
of earlier retirement, unless the firefighter remains in active service
for 3 or more years after re-entry, in which case the monthly pension shall
be based on the salary attached to the firefighter's rank at the date of
last retirement.
(c) If a pensioner or deferred pensioner re-enters or is recalled
to active service and
is thereafter injured, and the injury
is not related to an injury for which he or she was previously receiving
a disability pension,
the 3-year service requirement shall not apply in order
for the firefighter to qualify for the increased pension based on
the rate of pay at the time of the
new injury.
(Source: P.A. 102-558, eff. 8-20-21.)
Notes of Decisions
Cited in 4
cases (3 in the last 5 years), 2016–2023 · 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). “” 40 ILCS 5/4-117 (West 2010). Section 4-106 of the Pension Code contains essentially three different definitions of “firefighter,” dependent on whether the municipality adopted division 1 of article 10 of the Illinois Municipal Code (65 ILCS 5/10-1-1 et seq.”
Ivetic v. Bensenville Fire Prot. Dist. No.3, 2023 IL App (1st) 220879-U (Ill. App. Ct. 2023). “Retirement benefits only cease to be paid if the individual is rehired into the fire service of the municipality (40 ILCS 5/4-117), the individual is deceased (40 ILCS 5/4- 114) or the individual is convicted of a felony relating to service as a firefighter (40 ILCS 5/4-138).”
Ivetic v. Bensenville Fire Prot. Dist. No. 2, 2023 IL App (1st) 220879 (Ill. App. Ct. 2023). “Retirement benefits only cease to be paid if the individual is rehired into the fire service of the municipality (40 ILCS 5/4-117), the individual is deceased (40 ILCS 5/4- 114) or the individual is convicted of a felony relating to service as a firefighter (40 ILCS 5/4-138).”
Ivetic v. Bensenville Fire Prot. Dist. No. 2, 2023 IL App (1st) 220879-U (Ill. App. Ct. 2023). “Retirement benefits only cease to be paid if the individual is rehired into the fire service of the municipality (40 ILCS 5/4-117), the individual is deceased (40 ILCS 5/4- 114) or the individual is convicted of a felony relating to service as a firefighter (40 ILCS 5/4-138).”
— 40 ILCS 5/4-117(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). “” 40 ILCS 5/4-117 (West 2010). Section 4-106 of the Pension Code contains essentially three different definitions of “firefighter,” dependent on whether the municipality adopted division 1 of article 10 of the Illinois Municipal Code (65 ILCS 5/10-1-1 et seq.”
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