ILCS » Chapter 40 · Act 5
Illinois Compiled Statutes

40 ILCS 5/5-115 (2026)

Disability

✓ current as of May 2026
Find cases: SyfertCases citing this section IL-ILGAilga.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
(40 ILCS 5/5-115) (from Ch. 108 1/2, par. 5-115)
    Sec. 5-115. Disability. "Disability": A condition of physical or mental incapacity to perform any assigned duty or duties in the police service.
(Source: Laws 1963, p. 161.)

    
Notes of Decisions
Cited in 17 cases (13 in the last 5 years), 2000–2025 · leading case: Moreland v. Ret. Bd. of the Policemen's Annuity & Benefit Fund of Chicago, 2024 IL App (1st) 240049 (Ill. App. Ct. 2024).
Sort: Relevance Newest Treatment
Moreland v. Ret. Bd. of the Policemen's Annuity & Benefit Fund of Chicago, 2024 IL App (1st) 240049 (Ill. App. Ct. 2024). · cites it 4× “Whether a claimant is disabled within the meaning of the Code (see 40 ILCS 5/5-115 (West 2022)) is a question of fact.”
Wade v. City of North Chicago Police Pension Bd., 819 N.E.2d 1211 (Ill. App. Ct. 2004). “" 40 ILCS 5/5-115 (West 2002). Accordingly, we see no need to certify the degree of an applicant's disability.”
Wade v. City of North Chicago Police Pension Bd., 833 N.E.2d 427 (Ill. App. Ct. 2005). “" 40 ILCS 5/5-115 (West 2002). Accordingly, we see no need to certify the degree of an applicant's disability.”
Mahan v. Marion Police Pension Bd., 2023 IL App (5th) 210426 (Ill. App. Ct. 2023). “” 40 ILCS 5/5-115 (West 2020). If a police officer becomes disabled as the result of an injury incurred in the performance of an act of duty, the officer is entitled to a duty disability benefit equal to 75% of his or her salary.”
Rainey v. Ret. Bd. of the Policemen's Annuity & Benefit Fund of the City of Chicago, 2024 IL App (1st) 231993 (Ill. App. Ct. 2024). “at 469 (quoting 40 ILCS 5/5-115 (West 2006)). The court found that where the CPD would not return the officer in that case to active service, she had “carried her burden of proving that she was disabled, that is, that she had a physical condition which made her incapable of…”
Ohlicher v. The Ret. Bd. of the Policemen's Annuity & Benefit Fund of the City of Chicago, 2024 IL App (1st) 231699-U (Ill. App. Ct. 2024). · cites it 2× “” 40 ILCS 5/5-115 (West 2020). ¶ 22 In its written order, the Board found that while Ohlicher suffered an injury, Dr.”
Vokac v. Berwyn Police Pension Fund, 2025 IL App (1st) 240338-U (Ill. App. Ct. 2025). · cites it 2× “” 40 ILCS 5/5-115 (West 2022). The Board found that this definition of disability supported its conclusion that Mr.”
Mahan v. Marion Police Pension Bd., 2023 IL App (5th) 210426 (Ill. App. Ct. 2023). “” 40 ILCS 5/5-115 (West 2020). If a police officer becomes disabled as the result of an injury incurred in the performance of an act of duty, the officer is entitled to a duty disability benefit equal to 65% of his or her salary.”
Koniarski v. Ret. Bd. of the Policeman's Annuity & Benefit Fund of the City of Chicago, 2021 IL App (1st) 200501-U (Ill. App. Ct. 2021). “” 40 ILCS 5/5-115 (West 2018). The Board terminated Koniarski’s benefits under section 5-156 of the Code, which provides: “A disabled policeman who receives a duty, occupational disease, or ordinary disability benefit shall be examined at least once a year by one or more…”
Moreland v. Ret. Bd. of the Policemen's Annuity & Benefit Fund of the City of Chicago, 2025 IL 131343 (Ill. 2025). · cites it 2× “(quoting 40 ILCS 5/5-115 (West 2006)). The Board argued that Kouzoukas was not disabled within the meaning of this provision because she was not incapable of performing any assigned duty.”
Kouzoukas v. Ret. Bd. Policemen's an., 890 N.E.2d 1135 (Ill. App. Ct. 2008). · cites it 2× “" We have set forth in excruciating detail the facts relating to the plaintiff's medical treatment and the opinions of each of the physicians that have examined her to demonstrate that the Board's finding in this regard is against the manifest weight of the evidence. Although…”
Hutchinson v. Bd. of Trs. of the Peoria Police Pension Fund, 2022 IL App (3d) 210381-U (Ill. App. Ct. 2022). “” 40 ILCS 5/5-115 (West 2016); Hampton v. Board of Trustees of Bolingbrook Police Pension Fund, 2021 IL App (3d) 190416 , ¶ 18 (applying the definition of police officer “disability” contained in the article of the Pension Code that pertained to municipalities with more than…”
Show all 17 citing cases →
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.