Illinois Compiled Statutes
40 ILCS 5/4-112 (2026)
Determination of disability; restoration to active service; disability cannot constitute cause for discharge
✓ current as of May 2026
Find cases:
SyfertCases citing this section
IL-ILGAilga.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
(40 ILCS 5/4-112)
(from Ch. 108 1/2, par. 4-112)
Sec. 4-112. Determination of disability; restoration to active service; disability cannot constitute cause for discharge. A disability pension shall not be paid until disability
has been established by the board by examinations
of the firefighter at pension fund expense by 3 physicians selected
by the board and such other evidence as the board deems
necessary. The 3 physicians selected by the board need not agree as to the existence of any disability or the nature and extent of a disability. Medical examination of a firefighter
receiving a disability pension shall be made at least once each year prior
to attainment of age 50 in order to verify continuance of disability, except that a medical examination of a firefighter receiving a disability pension for post-traumatic stress disorder (PTSD) related to his or her service as a firefighter shall not be made if: (1) the firefighter has attained age 45; (2) the firefighter has provided to the board documentation approving the discontinuance of the medical examination from at least 2 physicians; and (3) at least 4 members of the board have voted in the affirmative to allow the firefighter to discontinue the medical examination. No
examination shall be required after age 50. No physical or mental disability that constitutes, in whole or in part, the basis of an application for benefits under this Article may be used, in whole or in part, by any municipality or fire protection district employing firefighters, emergency medical technicians, or paramedics as cause for discharge.
Upon satisfactory proof to the board that a firefighter on the disability
pension has recovered from disability, the board shall
terminate the
disability pension.
The firefighter shall report to the marshal or chief
of the fire department, who shall thereupon
order immediate reinstatement into active service, and the municipality shall immediately return the firefighter to its payroll, in the same rank or grade held
at the date he or she was placed on disability pension. If the firefighter must file a civil action against the municipality to enforce his or her mandated return to payroll under this paragraph, then the firefighter is entitled to recovery of reasonable court costs and attorney's fees.
The firefighter shall be entitled to 10 days notice before
any hearing or meeting of the board at which the question of his or her
disability is to be considered, and shall have the right to be present
at any such hearing or meeting, and to be represented by counsel; however,
the board shall not have any obligation to provide such fireman with counsel.
(Source: P.A. 100-1097, eff. 8-26-18.)
Notes of Decisions
Cited in 26
cases (6 in the last 5 years), 2000–2026 · leading case: Hoffman v. Orland Firefighters' Pension Bd. - Corrected, 2012 IL App (1st) 112120 (Ill. App. Ct. 2012).
Hoffman v. Orland Firefighters' Pension Bd. - Corrected, 2012 IL App (1st) 112120 (Ill. App. Ct. 2012). “) 40 ILCS 5/4-112 (West 2008). According to the plaintiff, the Board’s evidence, at best, showed that he was never disabled, as Dr.”
Krohe v. City of Bloomington, 769 N.E.2d 551 (Ill. App. Ct. 2002). “This interpretation of section 10 of the Act (820 ILCS 320/10 (West 2000)) is supported by section 4-112 of the Code (40 ILCS 5/4-112 (West 2000)), which provides that a firefighter under the age of 50 who is receiving a line-of-duty disability pension must undergo yearly…”
Edwards v. The Addison Fire Prot. Dist. Firefighters' Pension Fund, 2013 IL App (2d) 121262 (Ill. App. Ct. 2014). “) ¶ 16 Pursuant to section 4-112 of the Code (40 ILCS 5/4-112 (West 2008)), the Board also sent Edwards to be examined by three independent physicians.”
City of East Peoria v. Melton, 2023 IL App (4th) 220281 (Ill. App. Ct. 2023). “The Board found that he was disabled for the performance of full duties as a firefighter under section 4-112 of the Illinois Pension Code (Pension Code) (40 ILCS 5/4-112 (West 2020)) and that his disabilities were due to a stroke resulting from service as a firefighter.”
Carrillo v. Park Ridge Firefighters' Pension Fund, 2014 IL App (1st) 130656 (Ill. App. Ct. 2014). “Pietro Tonino–who performed IMEs of Carrillo pursuant to section -4- 4-112 of the Pension Code (40 ILCS 5/4-112 (West 2012)). All three doctors certified that Carrillo was permanently disabled.”
Lambert v. Downers Grove Fire Dep't Pension Bd., 2013 IL App (2d) 110824 (Ill. App. Ct. 2013). “” 40 ILCS 5/4-112 (West 2010). In an appeal from an administrative agency’s decision, we review the agency’s determination, not that of the trial court.”
Covello v. Vill. of Schaumburg Firefighters' Pension Fund, 2018 IL App (1st) 172350 (Ill. App. Ct. 2018). “¶ 16 In anticipation of a hearing on Covello's disability application and as provided under the Pension Code ( 40 ILCS 5/4-112 (West 2012) ), the Pension Board selected the following three doctors to evaluate Covello and make an independent determination of disability based on…”
Prawdzik v. Bd. of Trs. of the Homer Twp. Fire Prot. Dist. Pension Fund, 2019 IL App (3d) 170024 (Ill. App. Ct. 2019). “Pursuant to section 4-112 of the Illinois Pension Code (Code) (40 ILCS 5/4-112 (West 2014)), the Board had Prawdzik evaluated by three physicians of its choosing: Dr.”
Covello v. Vill. of Schaumburg Firefighters' Pension Fund, 2018 IL App (1st) 172350 (Ill. App. Ct. 2019). “¶ 16 In anticipation of a hearing on Covello’s disability application and as provided under the Pension Code (40 ILCS 5/4-112 (West 2012)), the Pension Board selected the following three doctors to evaluate Covello and make an independent determination of disability based on…”
Hopkins v. Bd. of Trs. of the Firefighters Pension Fund, 2016 IL App (5th) 160006 (Ill. App. Ct. 2017). “” 40 ILCS 5/4-112 (West 2014). In the instant case, all three of the Board’s chosen doctors—Drs.”
Frisby v. Vill. of Bolingbrook Firefighters' Pension Fund, 2018 IL App (2d) 180218 (Ill. App. Ct. 2018). “We do not recount that evidence here, as it is now undisputed that (1) plaintiff injured her shoulder when she fell in the fire-station parking lot and (2) plaintiff is permanently disabled within the meaning of the Illinois Pension Code ( 40 ILCS 5/4-112 (West 2012) ). ¶ 6…”
McCumber v. The Bd. of Trs. of the Oswego Fire Prot. Dist. Firefighters' Pension Fund, 2019 IL App (2d) 180316 (Ill. App. Ct. 2019). “¶ 19 Independent Medical Evaluations ¶ 20 In accordance with section 4-112 of the Pension Code ( 40 ILCS 5/4-112 (West 2014) ), the Board selected three physicians to evaluate plaintiff.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.
|