40 ILCS 5/3-114.1
Disability pension - Line of duty
Find cases:
SyfertCases citing this section
IL-ILGAilga.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
(40 ILCS 5/3-114.1)
(from Ch. 108 1/2, par. 3-114.1)
Sec. 3-114.1.
Disability pension - Line of duty.
(a) If a police officer as the result of sickness, accident or injury
incurred in or resulting from the performance of an act of duty, is found to be
physically or mentally disabled for service in the police department, so as to
render necessary his or her suspension or retirement from the police service,
the police officer shall be entitled to a disability retirement pension equal
to the greatest of (1) 65% of the salary attached to the rank on the
police force held by the officer at the date of suspension of duty or
retirement, (2) the retirement pension that the police officer would be
eligible to receive if he or she retired (but not including any automatic
annual increase in that retirement pension), or (3) the pension provided
under subsection (d), if applicable.
A police officer shall be considered "on duty" while on any assignment
approved by the chief of the police department of the municipality he or she
serves, whether the assignment is within or outside the municipality.
(b) If a police officer on disability pension dies while still disabled,
the disability pension shall continue to be paid to his or her survivors in the
sequence provided in Section 3-112.
(c) From and after July 1, 1987, any pension payable under this
Section shall be at least $400 per month, without regard to the fact that
the disability or death of the police officer occurred prior to that date.
If the minimum pension established in Section 3-113.1 is greater than the
minimum provided in this Section, the Section 3-113.1 minimum controls.
(d) A disabled police officer who (1) is receiving a pension under this
Section
on the effective date of this amendatory Act of the 91st General Assembly, (2)
files with the Fund, within 30 days after that effective date and annually
thereafter while the pension remains payable, a written application for the
benefits of this subsection, including an affidavit stating that the applicant
has not earned any income from gainful employment during the most recently
concluded tax year and a copy of his or her most recent Illinois income tax
return, (3) has service credit in the Fund for at least 7 years of active duty,
and (4) has been receiving the pension under this Section for a period which,
when added to the officer's total service credit in the Fund, equals at least
20 years, shall be eligible to receive an annual noncompounded increase in his
or her pension under this Section, equal to 3% of the original pension.
The Fund may take appropriate steps to verify the applicant's disability
and earnings status, and for this purpose may request from the Department of
Revenue a certified copy of the applicant's Illinois income tax return for any
year for which a benefit under this Section is payable or has been paid.
The annual increase shall accrue on each anniversary of the initial pension
payment date, for so long as the pension remains payable to the disabled police
officer and the required annual application is made, except that the annual
increases under this subsection shall cease if the disabled police officer
earns income from gainful employment. Within 60 days after accepting an
initial application under this subsection, the Fund shall pay to the disabled
police officer, in a lump sum without interest, the amounts resulting from the
annual increases that have accrued retroactively.
This subsection is not limited to persons in active service on or after its
effective date, but it applies only to a pension that is payable under this
Section to a disabled police officer (rather than a survivor). Upon the death
of the disabled police officer, the annuity payable under this Section to his
or her survivors shall include any annual increases previously received, but no
additional increases shall accrue under this subsection.
(Source: P.A. 91-939, eff. 2-1-01.)
Notes of Decisions
Cited in 80
cases (25 in the last 5 years), 1997–2026 · leading case: Robbins v. Board of Trustees of the Carbondale Police Pension Fund
Robbins v. Board of Trustees of the Carbondale Police Pension Fund (1997)
“See 40 ILCS 5/3-114.1 (West 1992). In March 1994, Robbins testified before the Board and submitted three psychological evaluations.”
Coyne v. Milan Police Pension Board (2004)
“In March of 1996 he filed an application with the Milan Police Pension Board (the Board) requesting a line-of-duty disability pension (40 ILCS 5/3-114.1 (West 1996)), or alternatively, a non-duty disability pension (40 ILCS 5/3-114.”
White v. City of Aurora (2001)
“40 ILCS 5/3-114.1 (West 1996). On August 17, 1999, after a hearing, the Board denied White's application for a "line of duty" pension, leaving him eligible for a "not on duty" pension, which would provide 50% of his salary (40 ILCS 5/3-114.”
Ashmore v. Board of Trustees of the Bloomington Police Pension Fund (2018)
“40 ILCS 5/3-114.1(a) (West 2016). An officer is eligible for a not-on-duty pension, which pays 50% of the officer’s salary, if the officer becomes disabled be cause of any cause other than the performance of an act of duty.”
Rose v. Board of Trustees of the Mount Prospect Police Pension Fund (2011)
“1 of the Illinois Pension Code (hereinafter Pension Code) (40 ILCS 5/3-114.1 (West 2006)) and contending that he suffered a permanent disabling injury (namely, herniated discs in his lower back).”
Wade v. City of North Chicago Police Pension Board (2005)
“Plaintiff argued that (1) the Board denied him a fair and impartial hearing because it relied solely on Dr.”
Alm v. Lincolnshire Police Pension Board (2004)
“1 of the Illinois Pension Code (Code) (40 ILCS 5/3-114.1 (West 1998)), we decided that case under a de novo standard of review.”
Marconi v. Chicago Heights Police Pension Board (2007)
“" 40 ILCS 5/3-114.1(a) (West 2002). In contrast, section 3-114.”
Vaughn v. City of Carbondale (2016)
“1 of the Illinois Pension Code (40 ILCS 5/3-114.1 (West 2008)). The Board found that plaintiff’s disability was not the result of an on-duty injury and also found that plaintiff was not disabled to the extent that he was unable to return to work as a patrol officer.”
Martin v. Board of Trustees of the Police Pension Fund of the Village of Shiloh (2017)
“40 ILCS 5/3-114.1 (West 2012). Alternatively, plaintiff requested a not-on-duty disability pension pursuant to section 3-114.”
Gilliam v. Board of Trustees of the City of Pontiac Police Pension Fund (2018)
“¶ 16 This appeal followed. ¶ 17 II. ANALYSIS ¶ 18 On appeal, the Board claims plaintiff's injury was not incurred in the performance of an "act of duty" as defined by section 3-114.”
Mingus v. Board of Trustees of the Police Pension Fund of Peoria (2011)
“40 ILCS 5/3-114.1(a) (West 2008); Johnson, 114 Ill.”
— 40 ILCS 5/3-114.1(a) — 35 cases
Ashmore v. Board of Trustees of the Bloomington Police Pension Fund (2018)
“40 ILCS 5/3-114.1(a) (West 2016). An officer is eligible for a not-on-duty pension, which pays 50% of the officer’s salary, if the officer becomes disabled be cause of any cause other than the performance of an act of duty.”
Marconi v. Chicago Heights Police Pension Board (2007)
“" 40 ILCS 5/3-114.1(a) (West 2002). In contrast, section 3-114.”
Mingus v. Board of Trustees of the Police Pension Fund of Peoria (2011)
“40 ILCS 5/3-114.1(a) (West 2008); Johnson, 114 Ill.”
— 40 ILCS 5/3-114.1(d) — 2 cases
Moreland v. Retirement Board of the Policemen's Annuity and Benefit Fund of the City of Chicago (2025)
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.
|