Illinois Compiled Statutes
40 ILCS 5/5-178 (2026)
Board created
✓ current as of May 2026
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(40 ILCS 5/5-178)
(from Ch. 108 1/2, par. 5-178)
Sec. 5-178. Board created. A board of 8 members shall
constitute a board of trustees authorized to administer the provisions of
this Article. The board shall be known as the Retirement Board of the
Policemen's Annuity and Benefit Fund of the city.
The board shall consist of 4 persons appointed by
the mayor of the city; 3 policemen employed by the city, at least one of
whom shall be a lieutenant or of a rank superior to lieutenant, one of whom
shall be of the rank of sergeant, and one of whom shall be of the rank of
investigator or a rank inferior to that rank; and one
annuitant of the fund, or a pensioner of any prior police pension fund
in operation, by authority of law, in the city. Children less than age
18 shall not be eligible for board membership. The term of office for
all members shall be 3 years. For the election to be held in 2008 only, the terms for the member who is a lieutenant or of a rank superior to lieutenant and the member who is a sergeant shall be 3 years and the terms for the member who is an investigator or a rank inferior to that rank and the annuitant member shall be 4 years. After the terms of the 2008 election are completed, the terms revert to 3-year terms for each elected trustee. Upon his election, the member holding the
rank of investigator or a rank inferior to that rank shall be detailed by
the Police Superintendent to the office of the board for the duration of
his term as trustee.
The members of a retirement board holding office in a city at the
time this Article becomes effective, including elected, appointed and
ex-officio members, shall continue in office until the expiration of
their respective terms or appointment and until their respective
successors are elected or appointed, and qualified.
At least 30 days prior to the expiration of the term of office of
each appointive member the mayor shall appoint a successor for a term of
3 years.
The board shall conduct a regular election at least 30 days prior to
the expiration of the terms of the active policemen members and
annuitant or beneficiary members for election of a successor of each
such member for a term of 3 years.
Any member of the board so appointed or elected shall continue in
office until his successor is selected and has qualified.
Any person so appointed or elected shall qualify by taking an oath of
office. A copy thereof shall be kept in the office of the city clerk of
the city.
(Source: P.A. 95-1036, eff. 2-17-09.)
Notes of Decisions
Cited in 4
cases, 2014–2020 · leading case: De Jesus v. Policemen's Annuity & Benefit Fund, 2019 IL App (1st) 190486 (Ill. App. Ct. 2020).
De Jesus v. Policemen's Annuity & Benefit Fund, 2019 IL App (1st) 190486 (Ill. App. Ct. 2020). “40 ILCS 5/5-178 (West 2018). Under those provisions, the Administrative Review Law “shall apply to and govern all proceedings for the judicial review of final administrative decisions of the retirement board.”
People ex rel. Madigan v. Burge, 2014 IL 115635 (Ill. 2014). “See 40 ILCS 5/5-178 (West 2012). The Board divided 4 to 4 on the question of whether Burge’s felony convictions for perjury and obstruction of justice in the civil lawsuit related to, arose out of, or were connected with his employment as a Chicago police officer.”
Rosario v. Ret. Bd. of Policemen's Annuity & Benefit Fund, 743 F.3d 531 (7th Cir. 2014). “See 40 ILCS 5/5-178 (composition of city police pension boards).”
People v. Burge, 2014 IL 115635 (Ill. 2014). “See 40 ILCS 5/5-178 (West 2012). The Board divided 4 to 4 on the question of whether Burge’s felony convictions for perjury and obstruction of justice in the civil lawsuit related to, arose out of, or were connected with his employment as a Chicago police officer.”
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