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Illinois Compiled Statutes

40 ILCS 5/4-139 (2026)

Administrative review

✓ current as of May 2026
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(40 ILCS 5/4-139) (from Ch. 108 1/2, par. 4-139)
    Sec. 4-139. Administrative review. Except as it relates to any time limitation to correct a mistake as provided in Section 4-138.10, the provisions of the Administrative Review Law, and all amendments and modifications thereof and the rules adopted pursuant thereto, shall apply to and govern all proceedings for the judicial review of final administrative decisions of the retirement board provided for under this Article. The term "administrative decision" is as defined in Section 3-101 of the Code of Civil Procedure.
(Source: P.A. 98-1117, eff. 8-26-14.)

    
Notes of Decisions
Cited in 13 cases (5 in the last 5 years), 2002–2025 · leading case: Miller v. Bd. of Trs. of the Oak Lawn Police Pension Fund, 2019 IL App (1st) 172967 (Ill. App. Ct. 2019).
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Miller v. Bd. of Trs. of the Oak Lawn Police Pension Fund, 2019 IL App (1st) 172967 (Ill. App. Ct. 2019). “Proper Legal Standard for Line of Duty Disability Pension Benefits ¶ 49 The parties disagree on the standard of review applicable to the Board’s decision denying Miller’s line of duty disability pension benefits.”
Covello v. Vill. of Schaumburg Firefighters' Pension Fund, 2018 IL App (1st) 172350 (Ill. App. Ct. 2018). “Covello now seeks review of the Pension Board's denial of line-of-duty disability pension benefits and the effective date of his pension.”
Covello v. Vill. of Schaumburg Firefighters' Pension Fund, 2018 IL App (1st) 172350 (Ill. App. Ct. 2019). “40 ILCS 5/4-139 (West 2012). ¶ 40 It is well-established that in administrative review cases, we review the administrative agency’s decision, not the determination of the circuit court.”
Trapp v. City of Burbank Firefighters' Pension Fund, 2024 IL App (1st) 231311-U (Ill. App. Ct. 2024). “40 ILCS 5/4-139 (West 2022). The scope of our review comprises “all questions of law and fact presented by the record.”
Trapp v. City of Burbank Firefighters' Pension Fund, 2024 IL App (1st) 231311 (Ill. App. Ct. 2024). “40 ILCS 5/4-139 (West 2022). The scope of our review comprises “all questions of law and fact presented by the record.”
Karfs v. City of Belleville (Ill. App. Ct. 2002). · cites it 3× “(West 1994)) was the exclusive means of reviewing decisions of the Board, according to section 4- 139 of the Illinois Pension Code (40 ILCS 5/4-139 (West 1994)). The court found that the Board had no jurisdiction to reduce plaintiff's pension award, because it did not seek a…”
Fields v. Schaumburg Firefighters' Pension Fund (Ill. App. Ct. 2008). · cites it 2× “He further alleged he could retain the recalculation because the board was never given statutory authority to rescind a pension benefits “award” and lost any jurisdiction it might have had by failing to pursue the issue within the 35 day period provided by the Administrative…”
Miller v. Bd. of Trs. of the Oak Lawn Police Pension Fund, 2019 IL App (1st) 153031 (Ill. App. Ct. 2019). “Proper Legal Standard for Line of Duty Disability Pension Benefits ¶ 49 The parties disagree on the standard of review applicable to the Board’s decision denying Miller’s line of duty disability pension benefits.”
Brucki v. Orland Fire Prot. Dist., 2022 IL App (1st) 220288-U (Ill. App. Ct. 2022). “See 40 ILCS 5/4-139 (West 2018). “As in any proceeding for administrative review, our role in this case is to review the decision of the administrative agency, rather than that of the circuit court.”
Boyles v. Bolingbrook Firefighters' Pension Fund, 2025 IL App (3d) 240548-U (Ill. App. Ct. 2025). “See 40 ILCS 5/4-139 (West 2022); 735 ILCS 5/3-110 (West 2022); Marconi, 225 Ill.”
Vill. of Schaumburg v. Vill. of Schaumburg Firefighters' Pension Fund, 2025 IL App (1st) 241764 (Ill. App. Ct. 2025). “Section 4-139 of the Code (40 ILCS 5/4-139 (West 2022)) provides for administrative review of final decisions.”
Oak Park v. Oak Park (Ill. App. Ct. 2005). “40 ILCS 5/4-139 (West 2002) . "The applicable standard of review, which determines the degree of deference given to the agency's decision, depends upon whether the question presented is one of fact, one of law, or a mixed question of law and fact.”
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