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Illinois Compiled Statutes

40 ILCS 5/5-109 (2026)

Policeman

✓ current as of May 2026
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(40 ILCS 5/5-109) (from Ch. 108 1/2, par. 5-109)
    Sec. 5-109. Policeman. "Policeman":
    (a) An employee in the regularly constituted police department of a city appointed and sworn or designated by law as a peace officer with the title of policeman, policewoman, chief surgeon, police surgeon, police dog catcher, police kennelman, police matron, and members of the police force of the police department; and
    (b) An employee as defined in sub-paragraph (a) immediately above who is serving in the regularly constituted police department of a city in a rank or position which is exempt from civil service and who, immediately prior to the time he began such service, was a participant in the Policemen's Annuity and Benefit Fund Act; and
    (c) Any policeman of a park district transferred to the employment of a city under the "Exchange of Functions Act of 1957".
(Source: P.A. 86-272; 86-1027.)

    
Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1997–2023 · leading case: Dvorak v. Ret. Bd. of the Policemen's Annuity & Benefit Fund, 678 N.E.2d 677 (Ill. App. Ct. 1997).
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Dvorak v. Ret. Bd. of the Policemen's Annuity & Benefit Fund, 678 N.E.2d 677 (Ill. App. Ct. 1997). · cites it 2× “" 40 ILCS 5/5-109 (West 1994). The term "active policeman" is defined by section 5-112 and is defined as "[a] person employed and receiving salary as a policeman.”
Majid v. Ret. Bd. of the Policemen's Annuity & Benefit Fund, 2015 IL App (1st) 132182 (Ill. App. Ct. 2015). “1 Justice Gordon dissented on the grounds that the plaintiff’s employment as an undersheriff did not constitute “ ‘employment in a regularly constituted police department of a city’ ” to satisfy the definition of a police officer under the Code (40 ILCS 5/5-109(a) (West 1992)).…”
White v. The Ret. Bd. of the Policemen's Annuity & Benefit Fund of the City of Chicago, 2014 IL App (1st) 132315 (Ill. App. Ct. 2014). “’ ” 40 ILCS 5/5-109 (West 2010). ¶ 65 White argues that she is entitled to service credit under section 5-214(b) because, prior to becoming a police officer, she was “serving in the office of the corporation counsel” when she was employed full time as a legal investigator in the…”
White v. Ret. Bd. of the Policemen's Annuity & Benefit Fund, 2014 IL App (1st) 132315 (Ill. App. Ct. 2014). “’ ” 40 ILCS 5/5-109 (West 2010). ¶ 65 White argues that she is entitled to service credit under section 5-214(b) because, prior to becoming a police officer, she was “serving in the office of the corporation counsel” when she was employed full time as a legal investigator in the…”
Salcedo v. Ret. Bd. of the Policemen's Annuity & Benefit Fund of Chicago, 2023 IL App (1st) 220728 (Ill. App. Ct. 2023). “]” 40 ILCS 5/5-109(a) (West 2020). “Policeman” is also gender-inclusive.”
Majid v. The Ret. Bd. of the Policemen's Annuity & Benefit Fund of the City of Chicago, 2015 IL App (1st) 132182 (Ill. App. Ct. 2015). “1 Justice Gordon dissented on the grounds that the plaintiff's employment as an undersheriff did not constitute " 'employment in a regularly constituted police department of a city' " to satisfy the definition of a police officer under the Code (40 ILCS 5/5-109(a) (West 1992)).…”
White v. The Ret. Bd. of the Policemen's Annuity & Benefit Fund of the City of Chicago, 2014 IL App (1st) 132315 (Ill. App. Ct. 2014). “’ ” 40 ILCS 5/5-109 (West 2010). ¶ 65 White argues that she is entitled to service credit under section 5-214(b) because, prior to becoming a police officer, she was “serving in the office of the corporation counsel” when she was employed full time as a legal investigator in the…”
White v. Ret. Bd. of the Policemen's Annuity & Benefit Fund, 2014 IL App (1st) 132315 (Ill. App. Ct. 2014). “’ ” 40 ILCS 5/5-109 (West 2010). ¶ 65 White argues that she is entitled to service credit under section 5-214(b) because, prior to becoming a police officer, she was “serving in the office of the corporation counsel” when she was employed full time as a legal investigator in the…”
Dvorak v. Ret. Bd. of the Policemen's Annuity & Benefit Fund (Ill. App. Ct. 1997). “" 40 ILCS 5/5-109 (West 1992). Under the first paragraph of section 5-227, a felony conviction will cause a forfeiture of a police pension only where the conviction relates to, arises out of or is connected with the claimants services as a policeman.”
— 40 ILCS 5/5-109(a) — 3 cases
Majid v. Ret. Bd. of the Policemen's Annuity & Benefit Fund, 2015 IL App (1st) 132182 (Ill. App. Ct. 2015). “1 Justice Gordon dissented on the grounds that the plaintiff’s employment as an undersheriff did not constitute “ ‘employment in a regularly constituted police department of a city’ ” to satisfy the definition of a police officer under the Code (40 ILCS 5/5-109(a) (West 1992)).…”
Salcedo v. Ret. Bd. of the Policemen's Annuity & Benefit Fund of Chicago, 2023 IL App (1st) 220728 (Ill. App. Ct. 2023). “]” 40 ILCS 5/5-109(a) (West 2020). “Policeman” is also gender-inclusive.”
Majid v. The Ret. Bd. of the Policemen's Annuity & Benefit Fund of the City of Chicago, 2015 IL App (1st) 132182 (Ill. App. Ct. 2015). “1 Justice Gordon dissented on the grounds that the plaintiff's employment as an undersheriff did not constitute " 'employment in a regularly constituted police department of a city' " to satisfy the definition of a police officer under the Code (40 ILCS 5/5-109(a) (West 1992)).…”
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