ILCS » Chapter 40 · Act 5

40 ILCS 5/5-101

Creation of fund

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(40 ILCS 5/5-101) (from Ch. 108 1/2, par. 5-101)
    Sec. 5-101. Creation of fund. In each city of more than 500,000 inhabitants a policemen's annuity and benefit fund shall be created and maintained for the benefit of its policemen, their widows and children, and of all contributors to, participants in, and beneficiaries of any police pension fund in operation, by authority of law, in such city immediately prior to the effective date. For the purposes of this Article, the policemen's annuity and benefit fund may be referred to as the "fund."
(Source: Laws 1963, p. 161.)

    
Notes of Decisions
Cited in 25 cases (4 in the last 5 years), 1993–2025 · leading case: De Jesus v. Policemen's Annuity & Benefit Fund
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De Jesus v. Policemen's Annuity & Benefit Fund (2020) illappct · cites it 3× “Laws 213 (§ 5-101); see also 40 ILCS 5/5-101 (West 2018). The fund provides not only for retired police officers and their families, but also officers who become disabled.”
Kaczka v. Retirement Board of the Policemen's Annuity & Benefit Fund (2010) illappct · cites it 2× “ustice THEIS delivered the opinion of the court: Plaintiff, Thomas Kaczka, appeals from the judgment of the circuit court confirming a decision by the Retirement Board of the Policemen's Annuity and Benefit Fund of the City of Chicago (the Board), which denied his application…”
Robbins v. Board of Trustees of the Carbondale Police Pension Fund (1997) ill “(West 1994) with 40 ILCS 5/5-101 et seq. (West 1994). We may look to article V of the Pension Code for a definition of language used in article III of the Code.”
Collins v. BOARD OF TRUSTEES, FIREMEN'S ANNUITY & BEN. FUND OF CHICAGO (1993) ill “(West 1992) (firefighters' pension fund—municipalities 500,000 and under); 40 ILCS 5/5-101 et seq. (West 1992) (Policemen's Annuity and Benefit Fund—cities over 500,000 inhabitants).”
Joseph Hearne v. Board of Education of the City of Chicago (1999) ca7 “, 10 ILCS 5/11-3, 5/11-5 (governing the establishment of election precincts); 40 ILCS 5/5-101 et seq. (governing policemen’s annuity and benefit funds in cities with more than 500,000 residents).”
Dodaro v. Illinois Workers' Compensation Commission (2010) illappct “Claimant testified that after she was injured, she went to the Fraternal Order of Police and was told that she does not qualify for benefits under Article 5 of the Illinois Pension Code (Pension Code), the legislation which governs the Policemen's Annuity and Benefit Fund for…”
Kelly v. Retirement Board of the Policemen's Annuity & Benefit Fund (2022) illappct “On July 27, 2019, the Board held a hearing on Kelly’s application for duty disability benefits under Article V of the Illinois Pension Code (Pension Code) (40 ILCS 5/5-101 et seq. (West 2020)). Kelly argued that he eventually became unable to continue in his position due to an…”
Nolan v. City of Chicago (2000) ilnd “40 ILCS 5/5-101 et seq. and CHA employees are a part of another separate retirement plan.”
DiFiore v. Retirement Board of the Policemen's Annuity & Benefit Fund (2000) illappct “See 40 ILCS 5/5-101 et seq. (West 1994). There is no provision in article 5 that allows plaintiff to receive ordinary disability benefits after he retires.”
Collins v. Board of Trustees of the Firemen's Annuity & Benefit Fund (1993) ill “(West 1992) (firefighters’ pension fund — municipalities 500,000 and under); 40 ILCS 5/5-101 et seq. (West 1992) (Policemen’s Annuity and Benefit Fund — cities over 500,000 inhabitants).”
People ex rel. Madigan v. Burge (2014) ill “-2- See 40 ILCS 5/5-101 (West 2012) (authorizing the creation of a policemen’s annuity and benefit fund).”
Northen v. City of Chicago (1993) ilnd “The plaintiffs also contend that the city’s actions violate article 13, section 5 of the Illinois constitution and article 5 of the Illinois pension code, 40 ILCS 5/5-101, et seq. The city moves to dismiss the complaint pursuant to Fed.”
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