Illinois Compiled Statutes

40 ILCS 5/4-105b (2026)

Permanent Disability

✓ current as of May 2026
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(40 ILCS 5/4-105b) (from Ch. 108 1/2, par. 4-105b)
    Sec. 4-105b. Permanent Disability. "Permanent disability": any physical or mental disability that (1) can be expected to result in death, (2) has lasted for a continuous period of not less than 12 months, or (3) can be expected to last for a continuous period of not less than 12 months.
(Source: P.A. 83-1440.)

    
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 2014–2025 · leading case: Scepurek v. The Bd. of Trs. of the Northbrook Firefighters' Pension Fund, 2014 IL App (1st) 131066 (Ill. App. Ct. 2014).
Scepurek v. The Bd. of Trs. of the Northbrook Firefighters' Pension Fund, 2014 IL App (1st) 131066 (Ill. App. Ct. 2014). “” 40 ILCS 5/4-105b (West 2010). Based on this definition and the evidence submitted in plaintiff’s administrative case, the Board concluded that plaintiff is permanently disabled.”
Edwards v. The Addison Fire Prot. Dist. Firefighters' Pension Fund, 2013 IL App (2d) 121262 (Ill. App. Ct. 2014). “” 40 ILCS 5/4-105b (West 2008). ¶ 33 We conclude that the Board’s decision was not against the manifest weight of the evidence.”
Naden v. The Firefighters' Pension Fund of the Sugar Grove Fire Prot. Dist., 2017 IL App (2d) 160698 (Ill. App. Ct. 2017). “" 40 ILCS 5/4-105b (West 2014). ¶ 18 According to the evidence, Naden met with four physicians, each of whom tendered an independent medical examination (IME) report to the Board.”
City of Champaign v. Bd. of Trs. of the City of Champaign Firefighters' Pension Fund, 2020 IL App (4th) 190789-U (Ill. App. Ct. 2020). “” 40 ILCS 5/4-105b (West 2018). As noted above, all three independent medical examiners opined Williams was disabled as a result of the January 2017 incident and the disability would last for at least 12 months.”
Pagorek v. Bd. of Trs. of the City of Harvey's Firefighters Pension Fund, 2020 IL App (1st) 200526-U (Ill. App. Ct. 2020). “" 40 ILCS 5/4-105b (West 2016). Thus, a finding of "permanent" disability is not inconsistent with a pensioner's recovery more than 12 months later.”
Calleros v. Bd. of Trs. of the Calumet City Firefighters Pension Fund, 2025 IL App (1st) 240374-U (Ill. App. Ct. 2025). “” 40 ILCS 5/4-105b (West 2020). ¶ 53 Here, the Board reviewed Calleros’s testimony, medical records, and the reports made by the independent medical evaluators and determined Calleros was not disabled.”
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