40 ILCS 5/5-115
Disability
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. Retirement Board of the Policemen's Annuity & Benefit Fund of Chicago
Moreland v. Retirement Board of the Policemen's Annuity & Benefit Fund of Chicago (2024)
“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 Board (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 Board (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 Board (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. Retirement Board of the Policemen's Annuity & Benefit Fund of the City of Chicago (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 Retirement Board of the Policemen's Annuity and Benefit Fund of the City of Chicago (2024)
“” 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)
“” 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 Board (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. Retirement Board of the Policeman's Annuity & Benefit Fund of the City of Chicago (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. Retirement Board of the Policemen's Annuity and Benefit Fund of the City of Chicago (2025)
“(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. RETIREMENT BD. POLICEMEN'S An. (2008)
“" 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. Board of Trustees of the Peoria Police Pension Fund (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…”
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.
|