Article 3 — Illinois Pension Code
Firefighter Pension Law
Comprehensive legal counsel for municipal firefighter pension funds throughout Illinois.
Article 3 — Illinois Pension Code
Comprehensive legal counsel for municipal firefighter pension funds throughout Illinois.
Article 3 Overview
Article 3 of the Illinois Pension Code (40 ILCS 5/Art 3) governs pension funds for municipal firefighters and fire protection district employees across Illinois. These funds provide retirement, disability, and death benefits to the men and women who risk their lives protecting our communities.
Our firm represents firefighter pension boards in municipalities of all sizes — from large urban departments to small-town volunteer-to-career transition districts. We understand the unique challenges facing firefighter pension funds, including the physical demands of the profession, evolving occupational disease presumptions, and the critical importance of proper fund administration.
Whether you are a pension board seeking counsel on compliance and fiduciary duties, or a firefighter navigating the disability claims process, we provide the experienced guidance you need.
Our Services
Representation in line-of-duty disability claims and occupational disease disability petitions, including heart disease, lung disease, and cancer presumptions under the Illinois Pension Code.
Guidance on eligibility and calculation of enhanced retirement benefits for firefighters who retire due to injuries sustained in the line of duty.
Advising pension boards and beneficiaries on death benefits, surviving spouse pensions, and dependent child benefits under Article 3.
Ensuring fund operations comply with all provisions of 40 ILCS 5/Article 3, including fiduciary obligations, investment policies, and reporting requirements.
Full representation of pension boards and individual applicants in disability hearings, retirement hearings, and administrative proceedings.
Legal counsel on investment policies, fiduciary responsibilities, and compliance with the Illinois Pension Code investment provisions.
Advising on Qualified Illinois Domestic Relations Orders for the division of pension benefits in divorce proceedings.
Navigating the legal requirements and pension implications when retired firefighters seek to return to active service.
Resolving disputes over creditable service, salary calculations, overpayments, underpayments, and pension benefit determinations.
Common Questions
A line-of-duty disability occurs when a firefighter is injured or becomes disabled as a direct result of performing their duties. Under Article 3, this includes injuries sustained during emergency responses, training exercises, and other official duties. Occupational disease disabilities — including heart disease, lung disease, and certain cancers — may also qualify under statutory presumption provisions.
Pension benefits under Article 3 are calculated based on years of creditable service and salary history. Tier 1 members (hired before January 1, 2011) and Tier 2 members have different benefit formulas, contribution requirements, and retirement age thresholds. The specific calculation depends on the type of pension — service retirement, duty disability, or occupational disease disability — and applicable statutory provisions.
When a firefighter pension fund falls below statutory funding levels, municipalities are required by law to make contributions to bring the fund toward a 90% funding ratio. Our firm advises pension boards on strategies to address underfunding, including working with municipalities to ensure compliance with contribution obligations and exploring legislative remedies.
Yes, under certain conditions. Article 3 provides for re-entry into active service after retirement, but the process involves specific legal requirements regarding pension benefit suspension, creditable service calculations upon re-retirement, and coordination with the pension board. Proper legal guidance is essential to avoid unintended consequences.
Also See
We also represent police pension funds under Article 4 of the Illinois Pension Code, providing the same depth of expertise for law enforcement pension matters.
Contact our team for expert guidance on firefighter pension law matters.