40 ILCS 5/5-113
Act of duty
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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. Board of Trustees of the Carbondale Police Pension Fund
Robbins v. Board of Trustees of the Carbondale Police Pension Fund (1997)
“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 (2001)
“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 Board (2004)
“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. Board of Trustees of the Oak Lawn Police Pension Fund (2019)
“” ¶ 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. Board of Trustees of the Mount Prospect Police Pension Fund (2011)
“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. Board of Trustees of the City of Pontiac Police Pension Fund (2018)
“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 Maintenance Organization Guaranty Ass'n v. Department of Insurance (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. Retirement Board of the Policemen's Annunity & Benefit Fund (2013)
“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. Board of Trustees of the Northlake Police Pension Fund (2011)
“(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. Board of Trustees of the Village of Sugar Grove Police Pension Fund (2016)
“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. Board of Trustees of the Village of Sugar Grove Police Pension Fund (2015)
“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. Village of Glenview Police Pension Board (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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