40 ILCS 5/3-114.2
Disability pension - Not on duty
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(40 ILCS 5/3-114.2)
(from Ch. 108 1/2, par. 3-114.2)
Sec. 3-114.2.
Disability pension - Not on duty.
A police officer who
becomes disabled as a result of any cause other than the performance of an act
of duty, and who is found to be physically or mentally disabled so as to render
necessary his or her suspension or retirement from police service in the police
department, shall be entitled to a disability pension of 50% of the salary
attached to the officer's rank on the police force at the date of suspension of
duty or retirement.
If a police officer on disability pension dies while still disabled, the
disability pension shall continue to be paid to the officer's survivors
in the sequence provided in Section 3-112.
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.
(Source: P.A. 91-939, eff. 2-1-01.)
Notes of Decisions
Cited in 38
cases (7 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 5/3-114.2 (West 1992). In January 1994, Robbins amended his petition to add a claim for a line-of-duty disability pension, which amounted to 65% of the salary attached to his rank on the date of his suspension.”
Marconi v. Chicago Heights Police Pension Board (2007)
“" 40 ILCS 5/3-114.2 (West 2002). Finally, section 3-115 of the Pension Code provides that in considering an application for either a line-of-duty or nonduty disability pension, certain procedures must be followed by a pension board.”
Coyne v. Milan Police Pension Board (2004)
“1 (West 1996)), or alternatively, a non-duty disability pension (40 ILCS 5/3-114.2 (West 1996)). The Board denied both requests, and the Rock Island County circuit court affirmed the Board's decision.”
White v. City of Aurora (2001)
“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 5/3-114.2 (West 1996)). On September 21, 1999, White filed a complaint for…”
Rose v. Board of Trustees of the Mount Prospect Police Pension Fund (2011)
“2 of the Pension Code (40 ILCS 5/3-114.2 (West 2006)). The Board denied the petitioner’s request for a “line-of-duty” disability pension, but granted his request for a “nonduty” disability pension.”
Kramarski v. Board of Trustees of Orland Park Police Pension Fund (2010)
“2 of the Code (40 ILCS 5/3-114.2 (West 2002)). We confirm the decisions of the Board.”
Alm v. Lincolnshire Police Pension Board (2004)
“2 of the Code (40 ILCS 5/3-114.2 (West 1998)), a disabled officer is entitled to a pension of 50% of the salary attached to the officer's rank if the disability is the result of any cause other than the performance of an act of duty.”
Martin v. Board of Trustees of the Police Pension Fund of the Village of Shiloh (2017)
“40 ILCS 5/3-114.2 (West 2012). The Board denied plaintiff a line-of-duty disability pension but granted him a not-on-duty disability pension.”
Wade v. City of North Chicago Police Pension Board (2004)
“1 (West 2000)) or a not-on-duty disability pension under the Code (see 40 ILCS 5/3-114.2 (West 2000)). Pursuant to statutory mandate (see 40 ILCS 5/3-115 (West 2000)), three physicians selected by the Board, Dr.”
Wade v. City of North Chicago Police Pension Board (2005)
“1 (West 2002)) or a not-on-duty (see 40 ILCS 5/3-114.2 (West 2002)) disability pension under the Pension Code.”
Martin v. Board of Trustees of the Police Pension Fund of the Village of Shiloh (2018)
“40 ILCS 5/3-114.2 (West 2012). The Board denied plaintiff a line-of-duty disability pension but granted him a not-on-duty disability pension.”
Lelis v. Board of Trustees of the Cicero Police Pension Fund (2013)
“40 ILCS 5/3-114.2 (West 2010). Thus, after a hearing it is feasible the evidence may support a finding of duty disability or nonduty disability or no disability.”
— 40 ILCS 5/3-114.2(a) — 2 cases
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