40 ILCS 5/5-155
Ordinary disability benefit
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(40 ILCS 5/5-155)
(from Ch. 108 1/2, par. 5-155)
Sec. 5-155. Ordinary disability benefit. A policeman less than age 63 who becomes disabled after the
effective date as the result of any cause other than injury incurred in
the performance of an act of duty, shall receive ordinary disability
benefit during any period or periods of disability exceeding 30 days,
for which he does not have a right to receive any part of his salary.
Payment of such benefit shall not exceed, in the aggregate, throughout the
total service of the policeman, a period equal to one-fourth of the
service rendered to the city prior to the time he became disabled, nor
more than 5 years. In computing such period of service, the time that
the policeman received ordinary disability benefit shall not be
included.
When a disabled policeman becomes age 63 or would have been retired by
operation of law, whichever is later, the disability benefit
shall cease. The policeman, if still disabled, shall thereafter receive
such annuity as is provided in accordance with other provisions of this
Article.
Ordinary disability benefit shall be 50% of the policeman's salary,
as salary is defined in this Article (including the limitation in Section 5-238 if applicable), at the time disability occurs.
Until September 1, 1969, before any payment, an amount equal to the sum
ordinarily deducted from the policeman's salary for all annuity purposes
for the period for which payment of ordinary disability benefit is made
shall be deducted from such payment and credited as a deduction from
salary for such period. Beginning September 1, 1969, the city shall also
contribute all amounts ordinarily contributed by it for annuity purposes
for the policeman as if he were in active discharge of his duties. Such
sums so credited shall be regarded, for annuity and refund purposes, as
sums contributed by the policeman.
(Source: P.A. 99-905, eff. 11-29-16.)
Notes of Decisions
Cited in 13
cases (6 in the last 5 years), 1999–2025 · leading case: Summers v. Retirement Board of the Policemen's Annunity & Benefit Fund
Summers v. Retirement Board of the Policemen's Annunity & Benefit Fund (2013)
“” 40 ILCS 5/5-155 (West 2010). Section 5-155 provides that, absent disability resulting from injury in the performance of an act of duty, an officer receives ordinary benefits equal to 50% of the officer’s salary.”
Kelly v. Retirement Board of the Policemen's Annuity & Benefit Fund (2022)
“) 40 ILCS 5/5-155 (West 2020). The amount of an ordinary disability benefit is 50% of the officer’s salary.”
Majid v. Retirement Board of the Policemen's Annuity & Benefit Fund (2015)
“3d at 551 ; see 40 ILCS 5/5-155 (West 2010) (ordinary disability benefits cease upon an officer’s retirement).”
Warner v. The Retirement Board of the Policemen's Annuity and Benefit Fund of the City of Chicago (2022)
“40 ILCS 5/5-155 (West 2016). Plaintiff continued to receive a line-of-duty pension from 2013 until 2018.”
Nelson v. Retirement Board of the Policemen's Annuity & Benefit Fund of the City of Chicago (2020)
“” 40 ILCS 5/5-155 (West 2016). The amount of an ordinary disability benefit is 50% of the officer’s salary.”
Majid v. The Retirement Board of the Policemen's Annuity and Benefit Fund of the City of Chicago (2015)
“3d at 551 ; see 40 ILCS 5/5-155 (West 2010) (ordinary disability benefits cease upon an officer's retirement).”
Cole v. RETIREMENT BD. POLICEMEN'S ANNU. (2009)
“" 40 ILCS 5/5-155 (West 2006). In reversing the decision of the Board, the circuit court found that the plaintiff was "disabled as a result of injuries incurred in the performance of active duty, however said disability resulted from a physical defect which existed at the time…”
Rainey v. Retirement Board of the Policemen's Annuity and Benefit Fund of the City of Chicago (2025)
“We agree with the appellate court’s reasoning that the legislature decided that officers who sought disability benefits under section 5-155 for a disability “the result of any cause other than injury incurred in the performance of an act of duty” (40 ILCS 5/5-155 (West 2022))…”
Stanczyk v. The Retirement Board of the Policeman's Annuity & Benefit Fund of the City of Chicago (2024)
“¶ 48 Here, plaintiff filed an application for duty disability benefits, as defined under section 5- 154 of the Code (40 ILCS 5/5-154 (West 2020)), or, in the alternative, ordinary disability benefits, as defined under section 5-155 of the Code (40 ILCS 5/5-155 (West 2020)). “[A]…”
Gonzalez v. The Retirement Board of the Policemen's Annuity & Benefit Fund of the City of Chicago (2022)
“¶5 On October 29, 2020, the Board issued its written decision, denying the plaintiff’s application for a duty disability benefit and awarding her an ordinary disability benefit pursuant to section 5/5-155 of the Code (40 ILCS 5/5-155 (West 2014)). The written decision states…”
Bechina v. Retirement Board of the Policemen's Annuity & Benefit Fund of the City of Chicago (2024)
“The ordinary disability benefit provides for 50% of Bechina’s salary (40 ILCS 5/5-155 (West 2022)), whereas a duty disability benefit would provide 75% of her salary (40 ILCS 5/5-154 (West 2022)).”
Flaherty v. Retirement Bd. of the Policemen's Annuity & Benefit Fund (1999)
“" 40 ILCS 5/5-155 (West 1996). Having reviewed the record, we cannot say that the Board's finding was contrary to the manifest weight of the evidence.”
— 40 ILCS 5/5-155(a) — 1 case
Stanczyk v. The Retirement Board of the Policeman's Annuity & Benefit Fund of the City of Chicago (2024)
“¶ 48 Here, plaintiff filed an application for duty disability benefits, as defined under section 5- 154 of the Code (40 ILCS 5/5-154 (West 2020)), or, in the alternative, ordinary disability benefits, as defined under section 5-155 of the Code (40 ILCS 5/5-155 (West 2020)). “[A]…”
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