Article 4 — Illinois Pension Code
Police Pension Law
Comprehensive legal counsel for municipal police pension funds throughout Illinois.
Article 4 — Illinois Pension Code
Comprehensive legal counsel for municipal police pension funds throughout Illinois.
Article 4 Overview
Article 4 of the Illinois Pension Code (40 ILCS 5/Art 4) governs pension funds for municipal police officers and village police across Illinois. These funds provide retirement, disability, and death benefits to the officers who dedicate their careers to public safety.
Our firm represents police pension boards throughout the state, from large suburban departments to smaller municipal forces. We bring deep knowledge of Article 4's specific provisions — including the critical Tier 1 and Tier 2 distinctions, forfeiture rules, and the evolving landscape of police pension legislation.
Whether your pension board needs guidance on compliance and fiduciary duties, or an officer requires representation in a disability proceeding, our team delivers experienced and effective counsel.
Our Services
Representation in disability proceedings for both duty-related injuries and non-duty disabilities, including navigating the statutory requirements and evidentiary standards under Article 4.
Advising pension boards and surviving families on eligibility and calculation of line-of-duty death benefits, including surviving spouse and dependent child pensions.
Ensuring fund operations comply with all provisions of 40 ILCS 5/Article 4, including fiduciary obligations, open meetings requirements, and statutory reporting.
Full representation of pension boards and individual applicants in disability hearings, retirement proceedings, and other administrative matters.
Advising on pension forfeiture provisions, including felony convictions, misconduct-related forfeitures, and the complex interplay between employment termination and pension rights.
Processing and advising on Qualified Illinois Domestic Relations Orders for the division of police pension benefits in divorce proceedings.
Resolving disputes over creditable service calculations, military service credit, reciprocal service, and other factors affecting benefit eligibility and amounts.
Navigating the critical distinctions between Tier 1 (pre-2011) and Tier 2 benefit structures, including eligibility determinations, benefit calculations, and contribution requirements.
Working with pension boards to address underfunding challenges, ensure municipal compliance with contribution obligations, and pursue legislative remedies when necessary.
Common Questions
Tier 1 applies to officers who became members before January 1, 2011, while Tier 2 applies to those who joined on or after that date. The differences are significant: Tier 1 members have a lower retirement age, a more generous benefit formula, and different salary cap provisions. Tier 2 members face a higher retirement age, reduced cost-of-living adjustments, and a pensionable salary cap. Understanding which tier applies is critical for accurate benefit calculations and retirement planning.
Under the Illinois Pension Code, pension benefits may be forfeited upon conviction of a felony relating to or arising out of service as a police officer. However, forfeiture provisions are complex — they require specific legal findings, and there are exceptions and procedural requirements that must be followed. A surviving spouse may still be entitled to benefits in certain forfeiture situations. Proper legal analysis is essential in any forfeiture matter.
A police officer seeking disability benefits must file an application with their pension board, which then conducts an investigation including medical examinations. The board holds a hearing where evidence is presented, and the officer (or the board) may be represented by counsel. The board determines whether the disability is duty-related or non-duty, which affects the benefit amount. Board decisions can be appealed through administrative review in circuit court.
Pension board trustees have a fiduciary duty to act in the best interests of fund members and beneficiaries. This includes prudent investment of fund assets, proper administration of benefits, compliance with the Illinois Pension Code, and maintaining transparency through open meetings and accurate record-keeping. Trustees must avoid conflicts of interest and can be held personally liable for breaches of their fiduciary duties.
Also See
We also represent firefighter pension funds under Article 3 of the Illinois Pension Code, providing the same depth of expertise for fire service pension matters.
Contact our team for expert guidance on police pension law matters.