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Illinois Compiled Statutes

40 ILCS 5/6-141.1 (2026)

(a) Notwithstanding the other provisions of this Article, the widow of a fireman who dies on or after June 30, 1984, while receiving a retirement annuity or while an active fireman with at least 1 1/2 years of creditable service, may elect to have the amount of widow's annuity calculated in accordance with this Section

✓ current as of May 2026
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(40 ILCS 5/6-141.1) (from Ch. 108 1/2, par. 6-141.1)
    Sec. 6-141.1. (a) Notwithstanding the other provisions of this Article, the widow of a fireman who dies on or after June 30, 1984, while receiving a retirement annuity or while an active fireman with at least 1 1/2 years of creditable service, may elect to have the amount of widow's annuity calculated in accordance with this Section.
    (b) If the deceased fireman was an active fireman at the time of his death and had at least 1 1/2 years of creditable service, the widow's annuity shall be the greater of (1) 30% of the salary attached to the rank of first class firefighter in the classified career service at the time of the fireman's death, or (2) 50% of the retirement annuity the deceased fireman would have been eligible to receive if he had retired from service on the day before his death.
    (c) If the deceased fireman was receiving a retirement annuity at the time of his death, the widow's annuity shall be equal to 50% of the amount of such retirement annuity at the time of the fireman's death.
(Source: P.A. 84-11.)

    
Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 2000–2021 · leading case: Cunningham v. Ret. Bd. Firemen's Ann., 907 N.E.2d 463 (Ill. App. Ct. 2009).
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Cunningham v. Ret. Bd. Firemen's Ann., 907 N.E.2d 463 (Ill. App. Ct. 2009). · cites it 3× “40 ILCS 5/6-141.1 (West 2000). The widows filed a complaint for administrative review in the circuit court and requested that a widow's duty death annuity be paid pursuant to section 6-140 of the Pension Code.”
Coleman v. Ret. Bd. Firemen's Ann., 911 N.E.2d 493 (Ill. App. Ct. 2009). · cites it 2× “4 and 6-140 of the Illinois Pension Code (Pension Code) (40 ILCS 5/6-141.1, 6-128.4, 6-140 (West 2002)), stating that the sections "may be applicable to your claim.”
Doe v. Hinsdale Twp. High Sch. Dist. 86, 905 N.E.2d 343 (Ill. App. Ct. 2009). “One provision (40 ILCS 5/6-142(f) (West 1998)) provided that the plaintiff's wife would not be entitled to his pension if he predeceased her, while another provision (40 ILCS 5/6-141.1(c) (West 1998)) indicated that she would be.”
Hooker v. Ret. Bd. of the Firemen's Annuity & Benefit Fund of Chicago, 2013 IL 114811 (Ill. 2013). “1 of the Pension Code (40 ILCS 5/6-141.1 (West 2008)). In February of 2003, plaintiffs filed a complaint for administrative review of that decision in the circuit court of Cook County.”
Waliczek v. Ret. Bd. of Firemen's Annuity & Benefit Fund, 741 N.E.2d 272 (Ill. App. Ct. 2000). “" 40 ILCS 5/6-141.1 (West 1998). The Board informed plaintiffs that Dolores would not be entitled to receive any benefits if Leroy should predecease her based on section 6-142(f) of the Code.”
Forbes v. Bd. of Educ. of the New Berlin Cmty. Unit Sch. Dist. No. 16, 2021 IL App (4th) 190902-U (Ill. App. Ct. 2021). “1(c) of the Pension Code (40 ILCS 5/6-141.1(c) (West 1998)), should her husband predecease her.”
Hooker v. Ret. Bd. of the Fireman's Annuity & Benefit Fund, 2014 IL App (1st) 131568 (Ill. App. Ct. 2014). “1 of the Pension Code (40 ILCS 5/6-141.1 (West 2000)). ¶4 Elaine believed that pursuant to section 6-140 of the Pension Code, she was entitled to a higher annuity for widows of firemen who died in the line of duty (40 ILCS 5/6-140 (West 2000)).”
Bertucci v. Ret. Bd. of the Firemen's Annuity (Ill. App. Ct. 2004). · cites it 4× “1 of the Pension Code (40 ILCS 5/6-141.1 (West 2000)) based on its finding that James did not die in the performance of an act of duty because he died from lung cancer.”
Hooker v. Ret. Bd. of the Fireman's Annuity & Benefit Fund, 2014 IL App (1st) 131568 (Ill. App. Ct. 2014). “1 of the Pension Code (40 ILCS 5/6-141.1 (West 2000)). ¶4 Elaine believed that pursuant to section 6-140 of the Pension Code, she was entitled to a higher annuity for widows of firemen who died in the line of duty (40 ILCS 5/6-140 (West 2000)).”
Fleming v. Ret. Bd. of the Firemen's Annuity & Benefit Fund of Chicago (Ill. App. Ct. 2007). “Plaintiff further argues that the phrase "notwithstanding the other provisions of this Article" (40 ILCS 5/6-141.1(a)(West 1996)) should be interpreted as meaning that section 6-142(f) cannot preclude her from receiving an annuity pursuant to section 6-141.”
Bell v. Ret. Bd. of the Firemen's Annuity & Benefit (Ill. App. Ct. 2010). “However, the Board also determined that the firefighters had died from causes not related to the injuries that they sustained while on duty. After the firefighters’ deaths, the Board awarded each surviving widow a non- duty death benefit annuity under section 6-141.”
Waliczek v. Ret. Bd. of the Firemen's Annuity & Benefit Fund Modification (Ill. App. Ct. 2000). “" 40 ILCS 5/6-141.1 (West 1998). The Board informed plaintiffs that Dolores would not be entitled to receive any benefits if Leroy should predecease her based on section 6-142(f) of the Code.”
— 40 ILCS 5/6-141.1(a) — 1 case
Fleming v. Ret. Bd. of the Firemen's Annuity & Benefit Fund of Chicago (Ill. App. Ct. 2007). “Plaintiff further argues that the phrase "notwithstanding the other provisions of this Article" (40 ILCS 5/6-141.1(a)(West 1996)) should be interpreted as meaning that section 6-142(f) cannot preclude her from receiving an annuity pursuant to section 6-141.”
— 40 ILCS 5/6-141.1(c) — 2 cases
Doe v. Hinsdale Twp. High Sch. Dist. 86, 905 N.E.2d 343 (Ill. App. Ct. 2009). “One provision (40 ILCS 5/6-142(f) (West 1998)) provided that the plaintiff's wife would not be entitled to his pension if he predeceased her, while another provision (40 ILCS 5/6-141.1(c) (West 1998)) indicated that she would be.”
Forbes v. Bd. of Educ. of the New Berlin Cmty. Unit Sch. Dist. No. 16, 2021 IL App (4th) 190902-U (Ill. App. Ct. 2021). “1(c) of the Pension Code (40 ILCS 5/6-141.1(c) (West 1998)), should her husband predecease her.”
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