Illinois Compiled Statutes
40 ILCS 5/4-113 (2026)
Disability pension option
✓ current as of May 2026
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(40 ILCS 5/4-113)
(from Ch. 108 1/2, par. 4-113)
Sec. 4-113.
Disability pension option.
(a) A firefighter who has not completed 20 years of
creditable service and is receiving a disability pension
under this Article whose
disability continues for a period which when added to his or her period
of active service equals 20 years may, if age 50 or over, elect to retire
from the fire service
by submitting written application to the board. A firefighter exercising
such option shall be entitled to continue to receive a retirement
pension equal in amount to the disability pension
he or she was entitled to as a disabled firefighter on the date
he or she was removed from the municipality's payroll
for disability. A firefighter electing to exercise such
option shall be entitled to the automatic increase in pension provided
under subsection (a) of Section 4-109.1.
(b) A firefighter who is receiving a
disability pension under this Article who has sufficient creditable service
to qualify for a retirement pension and is age 50 or more may
elect to permanently retire from the fire service at any time by submitting
written application to the board. The salary to be used in the determination
of such firefighter's pension shall be based on
the salary attached to the rank held by the firefighter in the
fire service at the date of the election to retire. All other
conditions in the computation of the pension
shall be based upon the provisions of Section 4-109 which were applicable
to the firefighter
while he or she was in active service as an employee. A firefighter
electing to exercise such option shall be entitled to the
automatic increase in pension provided under subsection (a) of Section 4-109.1.
(Source: P.A. 83-1440.)
Notes of Decisions
Cited in 4
cases (3 in the last 5 years), 2015–2023 · leading case: In re Marriage of Benson, 2015 IL App (4th) 140682 (Ill. App. Ct. 2015).
In re Marriage of Benson, 2015 IL App (4th) 140682 (Ill. App. Ct. 2015). “” 40 ILCS 5/4-113(b) (West 2012). It is also evident from David’s testimony he does not intend to cease drawing disability benefits in favor of receiving his retirement benefits.”
Ivetic v. Bensenville Fire Prot. Dist. No.3, 2023 IL App (1st) 220879-U (Ill. App. Ct. 2023). “Article 4 does provide a firefighter in receipt of a disability pension the ability to convert the disability pension to a retirement pension (40 ILCS 5/4-113). However, it does not provide the ability to convert a retirement pension to a disability pension.”
Ivetic v. Bensenville Fire Prot. Dist. No. 2, 2023 IL App (1st) 220879 (Ill. App. Ct. 2023). “Article 4 does provide a firefighter in receipt of a disability pension the ability to convert the disability pension to a retirement pension (40 ILCS 5/4-113). However, it -3- No. 1-22-0879 does not provide the ability to convert a retirement pension to a disability pension.”
Ivetic v. Bensenville Fire Prot. Dist. No. 2, 2023 IL App (1st) 220879-U (Ill. App. Ct. 2023). “Article 4 does provide a firefighter in receipt of a disability pension the ability to convert the disability pension to a retirement pension (40 ILCS 5/4-113). However, it does not provide the ability to convert a retirement pension to a disability pension.”
— 40 ILCS 5/4-113(b) — 1 case
In re Marriage of Benson, 2015 IL App (4th) 140682 (Ill. App. Ct. 2015). “” 40 ILCS 5/4-113(b) (West 2012). It is also evident from David’s testimony he does not intend to cease drawing disability benefits in favor of receiving his retirement benefits.”
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