Illinois Compiled Statutes
40 ILCS 5/14-123 (2026)
Occupational disability benefits
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(40 ILCS 5/14-123)
(from Ch. 108 1/2, par. 14-123)
Sec. 14-123. Occupational disability benefits. A member who becomes incapacitated to perform the duties of his position
as the proximate result of bodily injuries
sustained or a hazard undergone while in the performance and within the
scope of the member's duties, shall receive an occupational disability benefit;
provided:
(a) application is made after the date that such | disability results in the loss of pay, or after the date that the Illinois Workers' Compensation Commission rules on the application for an occupational disability, or after the occurrence of disablement if an occupational disease; and |
(b) proper proof is received from one or more | licensed health care professionals designated by the Board certifying that the member is mentally or physically incapacitated. |
The benefit shall be 75% of the member's final average compensation at
date of disability and shall be payable until the first of the following
dates occurs:
(1) the date on which disability ceases;
(2) the date on which the member engages in gainful | employment; |
(3) the end of the month in which the member attains | age 65, in the case of benefits commencing prior to attainment of age 60; |
(4) the end of the month following the fifth | anniversary of the effective date of the benefit, or of the temporary disability benefit if one was received, in the case of benefits commencing on or after attainment of age 60; or |
(5) the end of the month in which the death of the | member occurs. |
At the end of the month in which the benefits cease as prescribed in paragraphs
(3) or (4) above, if the member is still disabled, he shall become entitled
to a retirement annuity and the minimum period of service prescribed for
the receipt of such annuity shall be waived.
In the event that a temporary disability benefit has been received, the
benefit paid under this Section shall be subject to adjustment by the Board
under Section 14-123.1.
The Board shall prescribe rules and regulations governing the filing of
claims for occupational disability benefits, and the investigation, control
and supervision of such claims.
(Source: P.A. 101-54, eff. 7-12-19.)
Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2021–2021 · leading case: Roberts v. Burdick, 2021 IL App (5th) 190119, 190 N.E.3d 261.
Roberts v. Burdick, 2021 IL App (5th) 190119, 190 N.E.3d 261. “See 40 ILCS 5/14-123 (West 2012). In this case, Roberts was entitled to receive $3345 in monthly occupational disability benefits or 75% of his salary.”
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