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Illinois Compiled Statutes

40 ILCS 5/5-228 (2026)

Administrative review

✓ current as of May 2026
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(40 ILCS 5/5-228) (from Ch. 108 1/2, par. 5-228)
    Sec. 5-228. Administrative review.
    (a) 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.
    (b) If any policeman whose application for either a duty disability benefit under Section 5-154 or for an occupational disease disability benefit under Section 5-154.1 has been denied by the Retirement Board brings an action for administrative review challenging the denial of disability benefits and the policeman prevails in the action in administrative review, then the prevailing policeman shall be entitled to recover from the Fund court costs and litigation expenses, including reasonable attorney's fees, as part of the costs of the action.
(Source: P.A. 101-387, eff. 8-16-19.)

    
Notes of Decisions
Cited in 19 cases (10 in the last 5 years), 2010–2025 · leading case: People ex rel. Madigan v. Burge, 2014 IL 115635 (Ill. 2014).
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People ex rel. Madigan v. Burge, 2014 IL 115635 (Ill. 2014). · cites it 4× “¶ 25 Like the circuit court, defendants also note that under section 5-228 of the Pension Code (40 ILCS 5/5-228 (West 2012)), final administrative decisions made by the Board are reviewed for error solely under the Administrative Review Law.”
De Jesus v. Policemen's Annuity & Benefit Fund, 2019 IL App (1st) 190486 (Ill. App. Ct. 2020). “40 ILCS 5/5-228(a) (West 2018). An administrative -5- decision is defined as “any decision, order or determination of any administrative agency rendered in a particular case, which affects the legal rights, duties or privileges of parties and which terminates the proceedings…”
Kelly v. Ret. Bd. of the Policemen's Annuity & Benefit Fund, 2022 IL App (1st) 210483 (Ill. App. Ct. 2022). “” 40 ILCS 5/5-228 (West 2020). ¶ 66 Section 5-189 of the Pension Code provides that the Board has the power “[t]o authorize the payment of any annuity, pension, or benefit granted under this Article or under any other Act relating to police pensions, heretofore in effect in the…”
Kaczka v. Ret. Bd. of the Policemen's Annuity & Benefit Fund, 923 N.E.2d 1282 (Ill. App. Ct. 2010). “Thereafter, the circuit court entered a judgment on count I, confirming the decision of the Board denying plaintiff's application for reinstatement of a widower's annuity benefit.”
Rainey v. Ret. Bd. of the Policemen's Annuity & Benefit Fund of the City of Chicago, 2024 IL App (1st) 231993 (Ill. App. Ct. 2024). · cites it 2× “The circuit court also awarded Officer Rainey attorney fees and costs under section 5-228(b) of the Code (40 ILCS 5/5-228(b) (West 2022)). ¶3 The Board has appealed, arguing that its decision should be affirmed because it was not against the manifest weight of the evidence and…”
Rosario v. Ret. Bd. of Policemen's Annuity & Benefit Fund, 743 F.3d 531 (7th Cir. 2014). “See also 40 ILCS 5/5-228 (“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…”
People v. Burge, 2014 IL 115635 (Ill. 2014). · cites it 4× “¶ 25 Like the circuit court, defendants also note that under section 5-228 of the Pension Code (40 ILCS 5/5-228 (West 2012), final administrative decisions made by the Board are reviewed for error solely under the Administrative Review Law.”
Moreland v. Ret. Bd. of the Policemen's Annuity & Benefit Fund of Chicago, 2024 IL App (1st) 240049 (Ill. App. Ct. 2024). · cites it 2× “40 ILCS 5/5-228 (West 2022). In administrative review, we review the decision of the administrative body, here the Board, rather than that of the circuit court.”
Mahan v. Marion Police Pension Bd., 2023 IL App (5th) 210426 (Ill. App. Ct. 2023). “40 ILCS 5/5-228 (West 2020). When reviewing the Board’s decision, the applicable standard of review depends upon whether the reviewing court is presented with a question of fact, a question of law, or a mixed question of fact and law.”
People ex rel. Lisa Madigan v. Burge, 2012 IL App (1st) 112842 (Ill. App. Ct. 2012). · cites it 2× “t determined that section 1-115 of the Pension Code did not vest it with subject matter jurisdiction to rule on the merits of the Attorney General’s complaint where section 5-189 of the Pension Code (40 ILCS 5/5-189 (West 2010))1 vested the Board with exclusive original…”
Ray v. Beussink & Hickam, P.C., 2018 IL App (5th) 170274 (Ill. App. Ct. 2018). “” 40 ILCS 5/5-228 (West 2014). Generally, review of a final administrative decision must be commenced within 35 days from the date that the decision to be reviewed “was served upon the party affected by the decision.”
Mahan v. Marion Police Pension Bd., 2023 IL App (5th) 210426 (Ill. App. Ct. 2023). “40 ILCS 5/5-228 (West 2020). When reviewing the Board’s decision, the applicable standard of review depends upon whether the reviewing court is presented with a question of fact, a question of law, or a mixed question of fact and law.”
Show all 19 citing cases →
— 40 ILCS 5/5-228(a) — 1 case
De Jesus v. Policemen's Annuity & Benefit Fund, 2019 IL App (1st) 190486 (Ill. App. Ct. 2020). “40 ILCS 5/5-228(a) (West 2018). An administrative -5- decision is defined as “any decision, order or determination of any administrative agency rendered in a particular case, which affects the legal rights, duties or privileges of parties and which terminates the proceedings…”
— 40 ILCS 5/5-228(b) — 4 cases
Rainey v. Ret. Bd. of the Policemen's Annuity & Benefit Fund of the City of Chicago, 2024 IL App (1st) 231993 (Ill. App. Ct. 2024). “The circuit court also awarded Officer Rainey attorney fees and costs under section 5-228(b) of the Code (40 ILCS 5/5-228(b) (West 2022)). ¶3 The Board has appealed, arguing that its decision should be affirmed because it was not against the manifest weight of the evidence and…”
Koniarski v. Ret. Bd. of the Policeman's Annuity & Benefit Fund of the City of Chicago, 2021 IL App (1st) 200501-U (Ill. App. Ct. 2021).
Rainey v. Ret. Bd. of the Policemen's Annuity & Benefit Fund of the City of Chicago, 2025 IL 131305 (Ill. 2025).
Hernandez v. The Ret. Bd. of the Policemen's Annuity & Benefit Fund of the City of Chicago, 2022 IL App (1st) 211315-U (Ill. App. Ct. 2022).
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