Illinois Compiled Statutes
40 ILCS 5/4-110 (2026)
Disability pension - Line of duty
✓ current as of May 2026
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(40 ILCS 5/4-110)
(from Ch. 108 1/2, par. 4-110)
Sec. 4-110. Disability pension - Line of duty. If a firefighter, as the
result of sickness, accident or injury incurred in or resulting from the
performance of an act of duty or from the cumulative effects of acts of duty,
is found, pursuant to Section 4-112, to be physically or mentally permanently
disabled for service in the fire department, so as to render necessary his or
her being placed on disability pension, the firefighter shall be entitled to
a disability pension equal to the greater of (1) 65% of the monthly
salary attached to the rank held by him or her in the fire department at the
date he or she is removed from the municipality's fire department payroll or
(2) the retirement pension that the firefighter would be eligible to receive
if he or she retired (but not including any automatic annual increase in that
retirement pension). A firefighter shall be considered "on duty" while on
any assignment approved by the chief of the fire department, even though away
from the municipality he or she serves as a firefighter, if the assignment
is related to the fire protection service of the municipality.
Such firefighter shall also be entitled to a child's disability benefit
of $20 a month on account of each unmarried child less than 18 years of age and
dependent upon the firefighter for support, either the issue of the firefighter
or legally adopted by him or her. The total amount of child's disability
benefit payable to the firefighter, when added to his or her disability
pension, shall not exceed 75% of the amount of salary which the
firefighter was receiving at the date of retirement.
Benefits payable on account of a child under this Section shall not
be reduced or terminated by reason of the child's attainment
of age 18 if he or she is then dependent by reason of a physical or mental
disability but shall continue to be paid as long as such dependency continues.
Individuals over the age of 18 and adjudged to be disabled persons pursuant to
Article XIa of the Probate Act of 1975, except for persons receiving benefits
under Article III of the Illinois Public Aid Code, shall be eligible to receive
benefits under this Act.
If a firefighter dies while still disabled and receiving a disability pension
under this Section, the disability pension shall continue to be paid to the
firefighter's survivors in the sequence provided in Section 4-114. A pension previously granted
under Section 4-114 to a survivor of a firefighter who died while receiving a
disability pension under this Section shall be deemed to be a continuation
of the pension provided under this Section and shall be deemed to be
in the nature of worker's compensation payments. The changes to this Section
made by this amendatory Act of 1995 are intended to be retroactive and are not
limited to persons in service on or after its effective date.
(Source: P.A. 93-1090, eff. 3-11-05.)
Notes of Decisions
Cited in 75
cases (19 in the last 5 years), 2002–2025 · leading case: Gaffney v. Bd. of Trs. of the Orland Fire Prot. Dist., 2012 IL 110012 (Ill. 2012).
Gaffney v. Bd. of Trs. of the Orland Fire Prot. Dist., 2012 IL 110012 (Ill. 2012). “This court has held that a “catastrophic injury” under subsection (a) is synonymous with an injury that results in a line-of-duty disability under section 4-110 of the Illinois Pension Code (40 ILCS 5/4-110 (West 2000)). Krohe v. City of Bloomington, 204 Ill.”
Krohe v. City of Bloomington, 769 N.E.2d 551 (Ill. App. Ct. 2002). “On appeal, the City argues the trial court erred in interpreting" catastrophic" injury under section 10 of the Act (820 ILCS 320/10 (West 2000)) to mean any injury resulting in a line-of-duty disability under section 4-110 of the Illinois Pension Code (Code) (40 ILCS 5/4-110…”
Bremer v. City of Rockford, 2016 IL 119889 (Ill. 2017). “2d 392 (2003), this court held that the phrase “catastrophic injury” in section 10(a) of the Public Safety Employee Benefits Act (Benefits Act) (820 ILCS 320/10(a) (West 2008)) is synonymous with an injury resulting in a line-of-duty disability pension under section 4-110 of the…”
Int'l Ass'n of Fire Fighters, Local 50 v. City of Peoria, 2022 IL 127040 (Ill. 2022). “2d 392, 400 (2003), this court held that “catastrophic injury” is “synonymous with an injury resulting in a line-of-duty disability under section 4-110 of the [Illinois Pension] Code” (40 ILCS 5/4-110 (West 2000)). That holding has never been disturbed.”
Pederson v. Vill. of Hoffman Estates, 2014 IL App (1st) 123402 (Ill. App. Ct. 2014). “- 13 - (40 ILCS 5/4-110 (West 2010)). Gaffney, 2012 IL 110012, ¶ 54 (citing Krohe v.”
Covello v. Vill. of Schaumburg Firefighters' Pension Fund, 2018 IL App (1st) 172350 (Ill. App. Ct. 2018). “On October 25, 2013, days before Covello's hernia surgery, he filed an application for line-of-duty disability pension benefits under the Firefighters' Pension Fund of the Illinois Pension Code (Pension Code) ( 40 ILCS 5/4-110 (West 2012) ). He alternatively applied for nonduty…”
Gaffney v. Orland Fire Prot. Dist., 969 N.E.2d 359 (Ill. 2012). “¶ 54 The defendants agree that the requirements of subsection (a) have been met in this case.”
Nowak v. City of Country Club Hills, 2011 IL 111838 (Ill. 2011). “On October 14, 2008, the City’s police pension board (the Board) awarded plaintiff a line-of-duty disability pension under the Illinois Pension Code (See 40 ILCS 5/4-110 (West 2004)), effective September 1, 2006.”
Pyle v. City of Granite City, 2012 IL App (5th) 110472 (Ill. App. Ct. 2012). “” 40 ILCS 5/4-110 (West 2000). -2- City’s pension board awarded Pyle a disability pension for the injuries he sustained in the line of duty, and his City employment ceased.”
In re Marriage of Benson, 2015 IL App (4th) 140682 (Ill. App. Ct. 2015). “¶ 26 The Illinois Pension Code (Pension Code) (40 ILCS 5/1-101 to 24-109 (West 2012)) provides a retirement pension (40 ILCS 5/4-109 (West 2012)) and, alternatively, a disability pension (40 ILCS 5/4-110, 4-111 (West 2012)) for eligible firefighters in municipalities with less…”
Vill. of Buffalo Grove v. Bd. of Trs. of the Buffalo Grove Firefighters' Pension Fund, 2020 IL App (2d) 190171 (Ill. App. Ct. 2020). “” 40 ILCS 5/4-110 (West 2014). ¶7 Occupational disease disability pensions are governed by section 4-110.”
Richter v. Vill. of Oak Brook, 958 N.E.2d 700 (Ill. App. Ct. 2011). “After reviewing the legislative history of PSEBA, our supreme court held that the term "catastrophic injury" was "synonymous with an injury resulting in a line-of-duty disability" under the Illinois Pension Code (40 ILCS 5/4-110 (West 2000)).”
— 40 ILCS 5/4-110(2) — 1 case
In Re Marriage of Schurtz, 891 N.E.2d 415 (Ill. App. Ct. 2008).
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