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Illinois Compiled Statutes

40 ILCS 5/5-113 (2026)

Act of duty

✓ current as of May 2026
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(40 ILCS 5/5-113) (from Ch. 108 1/2, par. 5-113)
    Sec. 5-113. Act of duty.
    "Act of duty": Any act of police duty inherently involving special risk, not ordinarily assumed by a citizen in the ordinary walks of life, imposed on a policeman by the statutes of this State or by the ordinances or police regulations of the city in which this Article is in effect or by a special assignment; or any act of heroism performed in the city having for its direct purpose the saving of the life or property of a person other than the policeman.
(Source: Laws 1963, p. 161.)

    
Notes of Decisions
Cited in 39 cases (11 in the last 5 years), 1997–2026 · leading case: Robbins v. Bd. of Trs. of the Carbondale Police Pension Fund, 687 N.E.2d 39 (Ill. 1997).
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Robbins v. Bd. of Trs. of the Carbondale Police Pension Fund, 687 N.E.2d 39 (Ill. 1997). · cites it 4× “Article III of the Code pertains to police pension funds in municipalities with populations under 500,000, while article V pertains to the same subject in municipalities with populations exceeding 500,000. Compare 40 ILCS 5/3-101 et seq.”
White v. City of Aurora, 753 N.E.2d 1244 (Ill. App. Ct. 2001). · cites it 3× “1 of the Illinois Pension Code establishes, inter alia, the right of a police officer to receive a "line of duty" disability retirement benefit equal to 65% of his salary at the time the disability is allowed where the disability results from injury incurred in "the performance…”
Alm v. Lincolnshire Police Pension Bd., 816 N.E.2d 389 (Ill. App. Ct. 2004). · cites it 2× “For purposes of these provisions, the definition of "act of duty" set forth in section 5-113 of the Code (40 ILCS 5/5-113 (West 1998)) applies. See Robbins v.”
Miller v. Bd. of Trs. of the Oak Lawn Police Pension Fund, 2019 IL App (1st) 172967 (Ill. App. Ct. 2019). · cites it 2× “” ¶ 55 The Code defines an “act of duty” as follows: “Any act of police duty inherently involving special risk, not ordinarily assumed by a citizen in the ordinary walks of life, imposed on a policeman by the statutes of this State or by the ordinances or police regulations of…”
Rose v. Bd. of Trs. of the Mount Prospect Police Pension Fund, 2011 IL App (1st) 102157 (Ill. App. Ct. 2011). · cites it 2× “See 40 ILCS 5/5-113 (West 2006). Our supreme court has specifically stated that the “act of duty” definition contained in article V of the Pension Code applies to the use of that term in article III.”
Gilliam v. Bd. of Trs. of the City of Pontiac Police Pension Fund, 2018 IL App (4th) 170232 (Ill. App. Ct. 2018). · cites it 3× “However, the Board's decision also involved a factual determination because it was required to examine whether, under the particular facts, plaintiff's participation in a bicycle-patrol training program was an act of police duty involving "special risk" such that it constituted…”
Illinois Health Maint. Org. Guar. Ass'n v. Dep't of Ins., 864 N.E.2d 798 (Ill. App. Ct. 2007). “2d 704 , quoting 40 ILCS 5/5-113 (West 2002). Demski's routine agility test occurred during the course of her employment, but it was not an "`act of police duty inherently involving special risk, not ordinarily assumed by a citizen in the ordinary walks of life'" ( Demski, 358…”
Summers v. Ret. Bd. of the Policemen's Annunity & Benefit Fund, 2013 IL App (1st) 121345 (Ill. App. Ct. 2013). · cites it 2× “40 ILCS 5/5-113 (West 2010). Only an injury that was incurred in the performance of an act of duty could entitle Summers to “duty” disability at an amount equal to 75% of his salary.”
Filskov v. Bd. of Trs. of the Northlake Police Pension Fund, 946 N.E.2d 1095 (Ill. App. Ct. 2011). · cites it 2× “(a) if a police officer as the result of sickness, accident or injury incurred in or resulting from the performance of an act of duty, is found to be physically or mentally disabled for service in the police department, so as to render necessary his or her suspension or…”
Swoboda v. Bd. of Trs. of the Vill. of Sugar Grove Police Pension Fund, 2015 IL App (2d) 150265 (Ill. App. Ct. 2016). · cites it 4× “1(a), the definition of “act of duty” set forth in section 5-113 of the Code (40 ILCS 5/5-113 (West 2012)) applies. Robbins v.”
Swoboda v. Bd. of Trs. of the Vill. of Sugar Grove Police Pension Fund, 2015 IL App (2d) 150265 (Ill. App. Ct. 2015). · cites it 4× “1(a), the definition of “act of duty” set forth in section 5- 113 of the Code (40 ILCS 5/5-113 (West 2012)) applies. Robbins v.”
Masterton v. Vill. of Glenview Police Pension Bd., 2022 IL App (1st) 220307 (Ill. App. Ct. 2022). “Furthermore, even if there was some tenuous link between the fatal incident and Officer Masterton’s attendance at a roll call meeting, attending roll call did not constitute an “act of police duty inherently involving special risk, not ordinarily assumed by a citizen in the…”
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