40 ILCS 5/6-158
Refund
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(40 ILCS 5/6-158)
(from Ch. 108 1/2, par. 6-158)
Sec. 6-158. Refund.
(a) A fireman who withdraws before age 50 and a fireman with less than
10 years of service who withdraws before age 57, or any fireman who
withdraws and enters the service of another department of the city, has a
right to a refund of the entire amount to his credit as of the date of
withdrawal for age and service annuity or Tier 2 monthly retirement annuity, for automatic annual increase in annuity as provided in Section 6-164, and for widow's annuity or Tier 2 surviving spouse's annuity, from deductions
from salary.
(b) Any such fireman shall be entitled to refund until he re-enters
service or until his annuity is fixed.
(c) A fireman who receives a refund forfeits all rights to any annuity
or benefit from the fund, for himself and for any other person who might
benefit through him because of his service, provided he shall retain the
right to credit for any such service, for the purpose of computing his
total service if he re-enters service before age 57, becomes a beneficiary
of the fund and makes repayment of the refund with interest.
(d) A fireman completing 10 years of service who does not receive a
refund, may receive an annuity as provided in this Article.
(e) A fireman completing less than 10 years who does not receive a
refund has a right to have all amounts to his credit for annuity purposes
on the date of withdrawal improved by interest while he is out of service
until age 57 only, for his benefit and the benefit of any person who may
have any right to annuity through him, if he subsequently reenters service
and attains a right to annuity.
(f) The changes made to this Section by this amendatory Act of the 102nd General Assembly are intended to be a restatement and clarification of existing law and are intended to be retroactive to August 6, 2021 (the effective date of Public Act 102-293). (Source: P.A. 102-293, eff. 8-6-21; 102-836, eff. 5-13-22.)
Notes of Decisions
Cited in 3
cases, 1993–2007 · leading case: Collins v. BOARD OF TRUSTEES, FIREMEN'S ANNUITY & BEN. FUND OF CHICAGO
Collins v. BOARD OF TRUSTEES, FIREMEN'S ANNUITY & BEN. FUND OF CHICAGO (1993)
“(40 ILCS 5/6-158 (West 1992).) Both a fireman's individual contributions made via salary deductions and the city's contributions are "accumulated to his credit.”
Collins v. Board of Trustees of the Firemen's Annuity & Benefit Fund (1993)
“Similarly, section 6 — 210 allows a policeman to receive service credits for prior service as such after becoming a fireman only if contributions are made equivalent to that which would have been paid if the entire service occurred as a fireman.”
Fleming v. Retirement Board of the Firemen's Annuity and Benefit Fund of Chicago (2007)
“Correspondence from Fund officials to plaintiff on December 21, 2004, indicated that they relied on section 6-158 of the Code (40 ILCS 5/6-158 (West 2004)) for requiring plaintiff to repay the refund with interest.”
— 40 ILCS 5/6-158(c) — 1 case
Fleming v. Retirement Board of the Firemen's Annuity and Benefit Fund of Chicago (2007)
“Correspondence from Fund officials to plaintiff on December 21, 2004, indicated that they relied on section 6-158 of the Code (40 ILCS 5/6-158 (West 2004)) for requiring plaintiff to repay the refund with interest.”
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