40 ILCS 5/3-115
Certificate of disability
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(40 ILCS 5/3-115)
(from Ch. 108 1/2, par. 3-115)
Sec. 3-115.
Certificate of disability.
A disability pension shall not be paid unless there is filed with
the board certificates of the police officer's
disability, subscribed and sworn
to by the police officer if not under legal disability, or by a
representative if the officer is under legal
disability, and by the police
surgeon (if there be one) and 3 practicing physicians selected by the
board. The board may require other evidence of
disability. Medical examination of
a police officer retired for disability shall be made
at least once each year
prior to attainment of age 50, as verification of the continuance
of disability
for service as a police officer. No examination shall
be required after age 50.
(Source: P.A. 83-1440.)
Notes of Decisions
Cited in 32
cases (8 in the last 5 years), 2002–2026 · leading case: Marconi v. Chicago Heights Police Pension Board
Marconi v. Chicago Heights Police Pension Board (2007)
“On appeal to this court, the Board challenges only the appellate court's reversal of the Board's denial of plaintiff's disability pension claim on administrative review, and the appellate court's holding that section 3-115 of the Pension Code (40 ILCS 5/3-115 (West 2002)) is…”
Coyne v. Milan Police Pension Board (2004)
“) 40 ILCS 5/3-115 (West 1996). In its written decision, the Board interpreted this language as requiring a unanimous declaration from its three appointed doctors that Coyne was disabled for police work.”
Wade v. City of North Chicago Police Pension Board (2005)
“Milgram, one of the three doctors the Board selected to examine plaintiff, did not certify plaintiff as disabled pursuant to section 3-115 of the Illinois Pension Code (Pension Code) (40 ILCS 5/3-115 (West 2002)). Plaintiff argued that (1) the Board denied him a fair and…”
Wade v. City of North Chicago Police Pension Board (2004)
“Milgram, one of the three doctors selected by the Board to examine plaintiff, did not certify plaintiff as disabled pursuant to section 3-115 of the Illinois Pension Code (Code) (40 ILCS 5/3-115 (West 2002)). On appeal, plaintiff argues: (1) the Board denied him a fair and…”
Vaughn v. City of Carbondale (2016)
“See 40 ILCS 5/3-115, 3-116 (West 2012). Plaintiff was examined by Dr.”
Swanson v. The Board of Trustees of the Flossmoor Police Pension Fund (2014)
“¶ 18 Acting pursuant to section 3-115 of the Code (40 ILCS 5/3-115 (West 2008)), the Board requested that three physicians, Drs.”
Miller v. Board of Trustees of the Oak Lawn Police Pension Fund (2019)
“1-17-2967 ¶ 28 Pursuant to section 3-115 of the Illinois Pension Code (Code) (40 ILCS 5/3-115 (West 2016)), the Board had Miller examined by three licensed independent medical examiners, Dr.”
Rose v. Board of Trustees of the Mount Prospect Police Pension Fund (2011)
“Gary Yarkony, and ordered by the Pension Board, pursuant to section 3-115 of the Pension Code (40 ILCS 5/3-115 (West 2006)). For purposes of brevity, we address and summarize only that testimony and those exhibits which are relevant to this appeal.”
Scepurek v. The Board of Trustees of the Northbrook Firefighters' Pension Fund (2014)
“” ¶ 12 Pursuant to section 3-115 of the Illinois Pension Code (Code) (40 ILCS 5/3-115 (West 2012)), the Board selected three physicians, Drs.”
Olson v. Lombard Police Pension Fund (2020)
“Independent Medical Evaluations ¶ 30 Pursuant to section 3-115 of the Code (40 ILCS 5/3-115 (West 2018)), the Board selected Drs.”
Goodman v. Morton Grove Police Pension Board (2012)
“Pursuant to the Pension Code (40 ILCS 5/3-115 (West 2008)), the Board had Goodman examined by three doctors.”
Martin v. Board of Trustees of the Police Pension Fund of the Village of Shiloh (2017)
“40 ILCS 5/3-115 (West 2012). In their medical reports, the physicians opined that plaintiff suffered disabling injuries as a result of the accident that would prevent him from performing the duties of a police officer.”
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