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Illinois Compiled Statutes

40 ILCS 5/3-114.2 (2026)

Disability pension - Not on duty

✓ current as of May 2026
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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. Bd. of Trs. of the Carbondale Police Pension Fund, 687 N.E.2d 39 (Ill. 1997).
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Robbins v. Bd. of Trs. of the Carbondale Police Pension Fund, 687 N.E.2d 39 (Ill. 1997). · cites it 3× “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 Bd., 870 N.E.2d 273 (Ill. 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 Bd., 807 N.E.2d 1276 (Ill. App. Ct. 2004). · cites it 2× “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, 753 N.E.2d 1244 (Ill. App. Ct. 2001). · cites it 2× “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. Bd. of Trs. of the Mount Prospect Police Pension Fund, 2011 IL App (1st) 102157 (Ill. App. Ct. 2011). · cites it 2× “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. Bd. of Trs. of Orland Park Police Pension Fund, 931 N.E.2d 851 (Ill. App. Ct. 2010). · cites it 6× “2 of the Code (40 ILCS 5/3-114.2 (West 2002)). We confirm the decisions of the Board.”
Alm v. Lincolnshire Police Pension Bd., 816 N.E.2d 389 (Ill. App. Ct. 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. Bd. of Trs. of the Police Pension Fund of the Vill. of Shiloh, 2017 IL App (5th) 160344 (Ill. App. Ct. 2017). · cites it 4× “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 Bd., 819 N.E.2d 1211 (Ill. App. Ct. 2004). · cites it 2× “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 Bd., 833 N.E.2d 427 (Ill. App. Ct. 2005). · cites it 2× “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. Bd. of Trs. of the Police Pension Fund of the Vill. of Shiloh, 2017 IL App (5th) 160344 (Ill. App. Ct. 2018). · cites it 4× “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. Bd. of Trs. of the Cicero Police Pension Fund, 2013 IL App (1st) 121985 (Ill. App. Ct. 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.”
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— 40 ILCS 5/3-114.2(a) — 2 cases
Shirley v. Vill. of Clarendon Hills Police Pension Fund, 2024 IL App (3d) 230257 (Ill. App. Ct. 2024).
Merlo v. Orland Hills Police Pension Bd. (Ill. App. Ct. 2008).
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