(40 ILCS 5/22-227) (from Ch. 108 1/2, par. 22-227)
Sec. 22-227.
Treasurer.
The treasurer of the Board of Trustees shall keep books and accounts
concerning the fund in the manner prescribed by the Board of Trustees. The
books and accounts shall always be subject to the inspection of the Board
of Trustees or any member thereof.
The treasurer and assistant treasurer, if one be elected, shall each,
within 10 days after his election or appointment, execute a bond to the
Board of Underwriters, with good and sufficient security, in such penal sum
as the Board of Trustees shall direct, to be approved by the Board of
Trustees, conditioned for the faithful performance of the duties of his
office and that he will safely keep, hold and truly account for all moneys
and property which may come into his hands as such treasurer or assistant
treasurer, and that upon the expiration of his term he will surrender and
turn over to his successor all unexpended moneys and all property which may
have come into his hands as treasurer or assistant treasurer of such funds.
Such bonds shall be filed in the office of the Board of Underwriters. In
case of a breach of the same or of the conditions thereof suit may be
brought on the same in the name of such Board of Underwriters for the use
of such Board or of any person or persons injured by such breach.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/22-228) (from Ch. 108 1/2, par. 22-228)
Sec. 22-228.
Moneys - How paid.
All moneys ordered to be paid from the pension fund shall be paid by the
treasurer or assistant treasurer of said Board of Trustees only upon
warrants signed by the president or vice president of the said Board and
countersigned by the secretary or assistant secretary thereof. No warrant
shall be drawn except by order of the Board of Trustees and duly entered in
the records of the proceedings of the Board of Trustees.
In case the pension fund or any part thereof shall be deposited in any
savings and loan association or bank or loaned, all interest on money
which may be paid on account of any
such loan or deposit shall belong to and constitute a part of such fund.
The treasurer shall have no power to loan or deposit such fund or any part
thereof unless authorized by the Board of Trustees.
(Source: P.A. 83-541.)
|
(40 ILCS 5/22-229) (from Ch. 108 1/2, par. 22-229)
Sec. 22-229.
Annual report of trustees.
During the month of January in each year the Board of Trustees shall
make a report to the Board of Underwriters of the condition of the pension
fund as of the close of the preceding calendar year.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/22-230) (from Ch. 108 1/2, par. 22-230)
Sec. 22-230.
Fund exempt from seizure.
No portion of the pension fund shall, either before or after its order
of distribution by such Board of Trustees to such disabled or retired
members of the fire insurance patrol or to the surviving spouse or such
minor child or children of the deceased, be held, seized, taken, subject
to, or detained or levied on by virtue of any judgment, interlocutory or
other order, or any process or proceeding whatever of or issued
by any court of this State for the payment or satisfaction in whole or in
part of any debt, damages, claim, demand or judgment against such member or
surviving spouse or minor child or children but the fund shall be kept
secure and distributed for the purpose of pensioning the persons named in
this Division, and for no other purpose whatsoever.
(Source: P.A. 83-346.)
|
(40 ILCS 5/22-231) (from Ch. 108 1/2, par. 22-231)
Sec. 22-231.
Discontinuance of fire insurance patrol - Trustees of fund.
If the Board of Underwriters of any such city, village or incorporated
town, at any time after creating a pension fund as provided in the Fire
Insurance Patrolmen's Pension Fund Act of the Illinois Municipal Code or
this Division, shall discontinue the operation or sustaining of a paid fire
insurance patrol, the persons constituting the Board of Trustees of such
pension fund shall continue as such trustees until the second annual
meeting of the Board of Underwriters following the effective date of
discontinuing the operation of the paid fire insurance patrol. At the
second annual meeting of the Board of Underwriters following the
discontinuance of a paid fire insurance patrol, trustees shall be selected
composed of the president, secretary and treasurer of the Board of
Underwriters, and 4 trustees to be appointed by the President of the Board
of Underwriters and confirmed by the directors of the Board of
Underwriters, all of whom shall be officers of insurance companies who are
or have been contributors to the Patrolmen's Pension Fund. All of such
trustees shall have their principal place of business in the city, village
or incorporated town in which the Board of Underwriters has its principal
office. The president, secretary and treasurer of the Board of
Underwriters, acting as trustees, shall continue as trustees during their
respective terms of office as officers of the Board of Underwriters. The 4
trustees appointed by the President of the Board of Underwriters shall
serve for terms of 2 years and until their successors are appointed and
confirmed. Vacancies occurring by reason of death, disability or
resignation of a trustee shall be filled in the same manner in which the 4
trustees, not officers of the Board of Underwriters, are selected.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/22-232) (from Ch. 108 1/2, par. 22-232)
Sec. 22-232.
Discontinuance of fund.
If the Board of Underwriters of any such city, village or incorporated
town, at any time after creating a pension fund as provided in the Fire
Insurance Patrolmen's Pension Fund Act of the Illinois Municipal Code or
this Division shall discontinue the operation or sustaining of a paid fire
insurance patrol and shall thereafter determine that there is, and if in
fact there is, no person entitled to receive a benefit, pension or payment
thereunder, and that there is no person eligible to receive, or who may
become eligible in the future to receive such benefit, pension or payment
thereunder, then the Board of Underwriters, with the consent of the Board
of Trustees of the patrolmen's pension fund, may terminate the pension fund.
Thereupon the treasurer of the pension fund, upon the order of the Board
of Trustees, shall refund and pay to all members of the uniformed force of
the firemen's insurance patrol in the service at the time of such
discontinuance of the operation or sustaining of such fire insurance
patrol, from the pension fund, such sums of money as they have actually
contributed to the pension fund, if there shall then be sufficient money in
the fund to pay the same.
If there be not sufficient money then in the fund to make refund of such
payments in full, then such reimbursement shall be made to each of such
members in such equal proportion as the funds available shall be sufficient
to make. After such refund of all such payments has been made as aforesaid,
all moneys, securities and property of every kind in or belonging to the
pension fund shall be turned over to the Board of Underwriters, as and to
become the sole property of the Board of Underwriters, for its own sole use
and benefit.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/Art. 22 Div. 3 heading) DIVISION 3.
POLICEMEN AND FIREMEN DEATH ALLOWANCE,
MEDICAL CARE AND HOSPITAL TREATMENT
|
(40 ILCS 5/22-301) (from Ch. 108 1/2, par. 22-301)
Sec. 22-301.
Payments to families or dependents of policemen and firemen
killed or fatally injured.
The corporate authorities of any city or village by general ordinance
may provide for the payment of an allowance of money to the family or
dependents of any policemen or firemen employed by such city or village in
case he is killed or fatally injured while in the performance of his
duties. Such allowance shall not exceed $15,000. It shall be payable only
in case the injury arises from violence or other accidental cause and death
is directly due to such cause and results within one year after such injury.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/22-302) (from Ch. 108 1/2, par. 22-302)
Sec. 22-302.
Beneficiaries of allowance.
Any payment of death allowance made hereunder shall be made as follows:
(a) If there is a widow and minor child or children, then in equal parts
to the widow and minor child or children;
(b) If there is no widow but there is a minor child or children, then to
the minor child or children in equal parts;
(c) If there is no minor child or children but there is a widow, then
the entire allowance to the widow;
(d) If there is no widow or minor child, then to the next of kin
actually dependent on the deceased at the time of his death.
Provided, that in paying any allowance aforesaid any parent that is
actually dependent on the deceased at the time of his death shall be
entitled to share in such benefits on the same basis as the minor children
of the deceased; and a female unmarried child of full age or a male child
of full age that is physically or mentally disabled and wholly dependent on
the deceased for support at the time of his death, shall be entitled to the
use and benefit of such allowance in the same manner and to the same degree
as a minor child.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/22-303) (from Ch. 108 1/2, par. 22-303)
Sec. 22-303.
Conservation of allowance.
The corporate authorities of any such city or village may make provision
by ordinance for the conservation of the money paid under the foregoing
sections of this Division and the income therefrom through the means of a
duly accredited National or State bank acting as trustee of the fund
created thereby and making payments therefrom at stated intervals to such
family or dependents.
In the event any such corporate authorities shall make provision by
ordinance for the conservation of the money by the naming of a State or
National bank to act as trustee, such ordinance may specify the general
classes of securities, including tax warrants, in which such trustee may
invest such fund. It shall be unlawful for the trustee to invest the same
in any other class of securities except such as are so specified.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/22-304) (from Ch. 108 1/2, par. 22-304)
Sec. 22-304.
Source of payment.
The allowance of money to be paid in accordance with the foregoing
provisions of this Division may be paid:
(a) from a fund created and maintained out of the corporate revenues of
such city or village in such manner as the corporate authorities may
direct, or
(b) by means of group insurance taken out by such city or village for
the benefit of the families or dependents of policemen and firemen in a
regularly accredited legal reserve life insurance company with premiums to
be paid out of the corporate revenues of the city or village.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/22-305) (from Ch. 108 1/2, par. 22-305)
Sec. 22-305.
Certificate of clerk or other officer.
Upon the death of a policeman or fireman who is killed or fatally
injured while in the performance of his duty, the city or village clerk, as
the case may be, or any officer of such city or village authorized by the
corporate authorities of such city or village to act in lieu of such clerk,
shall make out a certificate in such form as may be prescribed by
ordinance. Such certificate shall set forth the facts which caused the
death, and shall have attached the certificate of the attending physician
or the chief health officer of the city or village, stating that such death
was the result of violence or accident. The certificates shall be filed
with the treasurer of the city or village if the allowance is to be paid
out of the corporate fund set apart for that purpose. If insurance has been
taken out the certificates shall be forwarded to the life insurance company
liable therefor. Upon the presentation of said certificates, payment shall
be made out of such fund or by such life insurance company, as the case may
be, to the executor or administrator of the estate of such policeman or
fireman, or to the bank acting as the trustee for such purpose if such
trustee has been provided for by ordinance.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/22-306) (from Ch. 108 1/2, par. 22-306)
Sec. 22-306.
The corporate authorities of any city or the village may provide by
ordinance that in case of an accident resulting in an injury to or death of
a policeman or fireman in the employ of such city or village while in the
performance of his duties, the officer at the head of the department or
such other officer as may be designated may secure and provide proper
medical care and hospital treatment for any such policeman or fireman. The
city or village may incur the expense aforesaid and appropriate and pay for
the same. For a city with a population of more than 1,000,000 inhabitants, an ordinance providing policeman and fireman medical care and hospital treatment under this Section shall provide:
(1) a requirement to notify an injured employee | ||
| ||
(2) a requirement that the city provide the injured | ||
| ||
If any such accident shall be due to the negligence of some person or
corporation that would be liable in damages therefor, the city or village
may recover any expense of medical care and hospital treatment expended by
it from the person or corporation liable.
The corporate authorities of any city or village may provide by
ordinance for the payment by said city or village of all or any part of the
cost of a hospital plan or medical-surgical plan, or both, for the
dependents of any policeman or fireman killed in the line of duty or who
dies as the result of duty connected injuries, and for any policeman or
fireman and his dependents, provided his retirement is caused by a duty
injury or occupational disease disability and for any policeman and fireman
and his dependents, provided he has reached compulsory retirement age or
has served in the employ of the city or village for at least 20 years.
"Dependent" as used in this paragraph shall mean the wife of the policeman
or fireman and his minor children less than 20 years of age and living at
home and dependent on the policeman or fireman for support.
This amendatory Act of the 102nd General Assembly applies only to a city that is a home rule unit with a population of more than 1,000,000 inhabitants and is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State. This amendatory Act of 1971 does not apply to any city or village which
is a home rule unit.
(Source: P.A. 102-202, eff. 7-30-21.)
|
(40 ILCS 5/22-306.1) (from Ch. 108 1/2, par. 22-306.1)
Sec. 22-306.1.
(a) If a physician, medical facility or other provider
of medical treatment receives notice from a municipality that, pursuant to
an ordinance enacted under Section 22-306 or under its home rule powers,
the municipality is willing to assume liability for all or part of the
medical expenses of a policeman or firefighter injured in the line of duty,
and if the provider consents to such assumption of liability by the
municipality for all or part of the cost of the medical services being
provided, then the policeman or firefighter shall thereupon cease to be
liable to the provider for any charges for which liability has been assumed
by the municipality, and the provider may not thereafter attempt to collect
such charges from the policeman or firefighter, nor from the family or estate thereof.
(b) With respect to any liability assumed by a municipality under
subsection (a) of this Section, interest on the unpaid amount thereof shall
begin to accrue 90 days after receipt of proof of claim by the municipality
(or its agent or insurer if it so directs), at the rate established for
judgments in the Code of Civil Procedure.
(c) Pursuant to paragraphs (h) and (i) of Section 6 of Article VII of
the Illinois Constitution, this Section specifically denies and limits the
exercise by a home rule unit of any power which is inconsistent herewith,
and all existing laws and ordinances which are inconsistent with this
Section are hereby superseded. This Section does not preempt the
concurrent exercise by home rule units of powers consistent herewith.
(Source: P.A. 84-845.)
|
(40 ILCS 5/22-307) (from Ch. 108 1/2, par. 22-307)
Sec. 22-307.
Common law rights barred.
Whenever any city or village enacts an ordinance pursuant to this
Division, no common law right to recover damages against such
city or village for injury or death sustained by any policeman or fireman
while engaged in the line of his duty as such policeman or fireman, other
than the payment of the allowances of money and of the medical care and
hospital treatment provided in such ordinance, shall be available to any
policeman or fireman who is covered by the provisions of such ordinance, or
to anyone wholly or partially dependent upon such policeman or fireman, or
to the legal representative of the estate of such policeman or fireman, or
to anyone who would otherwise be entitled to recover damages for such injury or
death. Nothing in this Division 3 relieves any municipality with a
population under 500,000 of its duties under the Workers' Compensation Act or
the Workers' Occupational Diseases Act. Nothing in this Division 3 prevents
any policeman or fireman in a municipality with a population under 500,000 from
recovery under the Workers' Compensation Act or the Workers' Occupational
Diseases Act.
If any action against such city or village to enforce a common law right to recover damages for negligently causing the injury or
death of any policeman or fireman is pending, for trial or on appeal, at
the time this Division shall come in force or is so pending at the time
such ordinance is enacted, the amount of any award or allowance of money
made pursuant to such ordinance shall not be paid while such action is so
pending and shall be reduced, before payment, by the amount of any judgment
obtained against such city or village in such pending action; or such
allowance of money, if already paid, together with all moneys expended
pursuant to such ordinance for medical care and hospital expenses, may be
set off against such judgment, either in such pending action or through
other appropriate action by such city or village.
(Source: P.A. 90-525, eff. 11-12-97.)
|
(40 ILCS 5/22-308) (from Ch. 108 1/2, par. 22-308)
Sec. 22-308.
Action by city or village against third party.
Where the death of a policeman or fireman for which an award or
allowance of money is payable by any city or village under any ordinance
enacted pursuant to the provisions of this Division, was not proximately
caused by the negligence of such city or village, and was caused under
circumstances creating a legal liability for damages on the part of some
person other than such city or village, then legal proceedings may be taken
against such other person to recover damages notwithstanding such award or
allowance by such city or village. If the action against such other person
is brought by the personal representative of such deceased policeman or
fireman, and judgment is obtained and paid, or settlement is made with such
other person, either with or without suit, then the amount received by such
representative shall be deducted from such award or allowance. Such city or
village may have or claim a lien upon any judgment or fund out of which
such representative might be compensated from such third party, for any
moneys paid out of such award or allowance previous to such judgment or
settlement.
Where action is brought by the representative of a deceased policeman or
fireman, the personal representative shall forthwith notify such city or
village by personal service or registered mail, of such fact and of the
name of the court in which such suit is brought, filing proof of such
notice in such action. Such city or village may, at any time thereafter,
join in said action upon its own motion, and proper orders of court after
hearing and judgment shall be made for the protection of such city or
village. No release or settlement of claim for damages by reason of such
death, and no satisfaction of judgment in such proceedings, shall be valid
without the written consent of such city or village or of any board of
trustees authorized by ordinance to administer the fund herein created,
excepting that such consent shall not be required where such city or
village has been fully indemnified or protected by Court order.
Where the personal representative of such deceased policeman or fireman
fails to institute a proceedings against such third person at any time
prior to 3 months before said action would be barred at law, such city or
village may in its own name, or in the name of the personal representative,
commence a proceeding against such other person for the recovery of damages
on account of such death. From any amount so recovered such city or village
shall pay to the personal representative of such deceased policeman or
fireman all sums collected from such other person by judgment or otherwise
in excess of the amount of any award or allowance of money paid or to be
paid under this Division, and such costs, attorney's fees and reasonable
expenses as may be incurred by such city or village in making such
collection or in enforcing such liability. No payment shall be made by such
city or village on account of any award or allowance of money made under
the provisions of any ordinance enacted pursuant to this Division, during
the pendency, for trial or on appeal, of such suit for damages unless such
city or village is fully protected in such suit by Court order.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/Art. 22 Div. 4 heading) DIVISION 4.
NATURE OF PENSION FUNDS -
CONTRIBUTIONS AND PAYMENTS
|
(40 ILCS 5/22-401) (from Ch. 108 1/2, par. 22-401)
Sec. 22-401.
Pension fund - body politic and corporate.
Any annuity and benefit fund, annuity and retirement fund or retirement
system, heretofore or hereafter created by the legislature of the State of
Illinois for the benefit of employees of the State or of any county, city,
town, municipal corporation or body politic and corporate, located in the
State of Illinois and functioning pursuant to legislative enactment, to
which the State or any such county, city, town, municipal corporation or
body politic and corporate is required to contribute by way of tax levies,
appropriations from the corporate fund, or otherwise, and by whatever name
such annuity and benefit fund, annuity and retirement fund or retirement
system may be called, is hereby declared to be a pension fund and to be a
body politic and corporate under the title specified in the law creating
such fund, limited to the performance of the duties set out in the law
creating such fund. The trustees of each fund are hereby declared to be the
officials of such body politic and corporate, vested with the powers and
duties set out in said law.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/22-402) (from Ch. 108 1/2, par. 22-402)
Sec. 22-402.
Purpose of fund.
Each such pension fund is hereby declared to be created in the public
interest and for the general welfare of the State, and pursuant to the
governmental powers of the State, separate and apart from the corporate
purposes of the State, and of any county, city, town, municipal corporation
or body politic and corporate in the State, and in which such pension fund
is empowered to operate by virtue of the terms and provisions of the law
creating such pension fund.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/22-403) (from Ch. 108 1/2, par. 22-403)
Sec. 22-403.
Tax levy - nature of obligation.
Any tax heretofore or hereafter levied for the benefit or purposes of
any such pension fund by the tax-levying body authorized by the law
creating such fund to levy such tax, and any payment or contribution to
such fund made by the State, or by any county, city, town, municipal
corporation or body politic and corporate located in the State, is hereby
declared to be so levied or so contributed for governmental purposes under
such law, and not for the corporate purposes of such tax-levying body, or
of the State, or of any county, city, town, municipal corporation or body
politic and corporate of the State, irrespective of the nature or character
of the duties performed or services rendered by any employee member of any
such pension fund. This section shall not apply to any tax levies
heretofore adjudicated by the Supreme Court of this State. Any pension
payable under any law hereinbefore referred to shall not be construed to be
a legal obligation or debt of the State, or of any county, city, town,
municipal corporation or body politic and corporate located in the State,
other than the pension fund concerned, but shall be held to be solely an
obligation of such pension fund, unless otherwise specifically provided in
the law creating such fund.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/22-404) (from Ch. 108 1/2, par. 22-404)
Sec. 22-404.
Obligation for expenditures.
Expenditures made and expenses incurred in connection with the
administration of any pension fund shall not be construed to be a debt
imposed upon the State or upon any county, city, town, municipal
corporation or body politic and corporate of the State, to be paid out of
taxes levied for corporate purposes. Such expenditures and expenses shall
be held to be the obligation of such pension fund exclusively, as a body
politic and corporate, unless otherwise specifically provided in the law
creating such pension fund.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/22-405) (from Ch. 108 1/2, par. 22-405)
Sec. 22-405.
Employees of two or more municipal corporations.
Employees of two or more municipal corporations having the same
territorial limits and the same taxpayers, or of two or more bodies politic
and corporate having the same territorial limits, may be included in and
become members of any pension fund operating in any one of such municipal
corporations, or of such bodies politic and corporate, and shall be
entitled to all the benefits of such pension fund, whenever the terms and
provisions of the law creating such pension fund shall so provide.
(Source: Laws 1963, p. 161.)
|
(40 ILCS 5/Art. 22 Div. 5 heading) DIVISION 5.
PUBLIC EMPLOYEE PENSION
FUND DIVISION IN DEPARTMENT OF INSURANCE
(Repealed by P.A. 90-507, eff. 8-22-97)
|
(40 ILCS 5/22-501) (from Ch. 108 1/2, par. 22-501)
Sec. 22-501.
(Repealed).
(Source: Laws 1963, p. 161. Repealed by P.A. 90-507, eff. 8-22-97 .)
|
(40 ILCS 5/22-501.1) (from Ch. 108 1/2, par. 22-501.1)
Sec. 22-501.1.
(Repealed).
(Source: P.A. 80-906. Repealed by P.A. 90-507, eff. 8-22-97 .)
|
(40 ILCS 5/22-501.2) (from Ch. 108 1/2, par. 22-501.2)
Sec. 22-501.2.
(Repealed).
(Source: P.A. 83-861. Repealed by P.A. 90-507, eff. 8-22-97.)
|