ILCS » Chapter 40 · Act 5
Illinois Compiled Statutes

40 ILCS 5/7-141 (2026)

Retirement annuities; conditions

✓ current as of May 2026
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(40 ILCS 5/7-141) (from Ch. 108 1/2, par. 7-141)
    Sec. 7-141. Retirement annuities; conditions. Retirement annuities shall be payable as hereinafter set forth:
    (a) A participating employee who, regardless of cause, is separated from the service of all participating municipalities and instrumentalities thereof and participating instrumentalities shall be entitled to a retirement annuity provided:
        1. He is at least age 55 if he is a Tier 1 regular
    
employee, he is age 62 if he is a Tier 2 regular employee, or, in the case of a person who is eligible to have his annuity calculated under Section 7-142.1, he is at least age 50;
        2. He is not entitled to receive earnings for
    
employment in a position requiring him, or entitling him to elect, to be a participating employee;
        3. The amount of his annuity, before the application
    
of paragraph (b) of Section 7-142 is at least $10 per month;
        4. If he first became a participating employee after
    
December 31, 1961 and is a Tier 1 regular employee, he has at least 8 years of service, or, if he is a Tier 2 regular member, he has at least 10 years of service. This service requirement shall not apply to any participating employee, regardless of participation date, if the General Assembly terminates the Fund.
    (b) Retirement annuities shall be payable:
        1. As provided in Section 7-119;
        2. Except as provided in item 3, upon receipt by the
    
fund of a written application. The effective date may be not more than one year prior to the date of the receipt by the fund of the application;
        3. Upon attainment of the required age of
    
distribution under Section 401(a)(9) of the Internal Revenue Code of 1986, as amended, if the member (i) is no longer in service, and (ii) is otherwise entitled to an annuity under this Article;
        4. To the beneficiary of the deceased annuitant for
    
the unpaid amount accrued to date of death, if any.
(Source: P.A. 102-210, Article 5, Section 5-5, eff. 7-30-21; 102-210, Article 10, Section 10-5, eff. 1-1-22; 102-813, eff. 5-13-22.)

    
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2011–2022 · leading case: Thomas Barwin v. Vill. of Oak Park, 54 F.4th 443 (7th Cir. 2022).
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Thomas Barwin v. Vill. of Oak Park, 54 F.4th 443 (7th Cir. 2022). “21-2007 3 Barwin would participate in the Illinois Municipal Retirement Fund (the “IMRF” or “Retirement Fund”) and that they would each make contributions to that Retirement Fund, but it would be eight years before his pension rights vested under that system, see 40 ILCS…”
Williamson Cnty. Bd. of Commissioners v. Bd. of Trs. of the Illinois Mun. Ret. Fund, 2020 IL 125330 (Ill. 2020). “See 40 ILCS 5/7-141(a)(4) (West 2012). In turn, the calculation of retirement annuity benefit is based on a formula that considers the number of service credits of the employee and the employee’s final earnings on the date of retirement.”
Vill. of Oak Brook v. Sheahan, 2015 IL App (2d) 140810 (Ill. App. Ct. 2015). “40 ILCS 5/7-141(a), 7-166, 7-168 (West 2012).”
Szewczyk v. Bd. of Fire & Police Com'rs, 953 N.E.2d 967 (Ill. App. Ct. 2011). “Also as of that date, plaintiff was eligible to retire on partial pension benefits through the IMRF, under section 7-141 of the Illinois Pension Code (Pension Code) (40 ILCS 5/7-141 (West 2006)). However, plaintiff was to become eligible for full benefits when he reached his…”
Horton v. Illinois Mun. Ret. Fund, 2020 IL App (1st) 200022-U (Ill. App. Ct. 2020). “, 40 ILCS 5/7-141 (West 2016) (retirement annuity effective “upon receipt by the fund of a written application); 7-147 (temporary disability benefits processed “[u]pon receipt by the fund of a written application”); 7-163 (death benefit payable “after receipt by the board”).”
— 40 ILCS 5/7-141(a) — 1 case
Vill. of Oak Brook v. Sheahan, 2015 IL App (2d) 140810 (Ill. App. Ct. 2015). “40 ILCS 5/7-141(a), 7-166, 7-168 (West 2012).”
— 40 ILCS 5/7-141(a)(4) — 2 cases
Thomas Barwin v. Vill. of Oak Park, 54 F.4th 443 (7th Cir. 2022). “21-2007 3 Barwin would participate in the Illinois Municipal Retirement Fund (the “IMRF” or “Retirement Fund”) and that they would each make contributions to that Retirement Fund, but it would be eight years before his pension rights vested under that system, see 40 ILCS…”
Williamson Cnty. Bd. of Commissioners v. Bd. of Trs. of the Illinois Mun. Ret. Fund, 2020 IL 125330 (Ill. 2020). “See 40 ILCS 5/7-141(a)(4) (West 2012). In turn, the calculation of retirement annuity benefit is based on a formula that considers the number of service credits of the employee and the employee’s final earnings on the date of retirement.”
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