Illinois Compiled Statutes
40 ILCS 5/6-112 (2026)
"Disability": A condition of physical or mental incapacity to perform any assigned duty or duties in the fire service
✓ current as of May 2026
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(40 ILCS 5/6-112)
(from Ch. 108 1/2, par. 6-112)
Sec. 6-112.
"Disability":
A condition of physical or mental incapacity to
perform any assigned duty or duties in the fire service.
"Injury": Damage suffered by or hurt done to a fireman.
"Occupational Disease": A sickness, disease or illness of the heart,
lungs, or respiratory tract of a fireman, arising solely out of his
employment as a fireman, due to exposures to heat and extreme cold,
inhalation of heavy smoke, fumes or poisonous, toxic or chemical gases
while in the performance of active duty in the fire department. "Occupational
Disease" also includes cancer.
(Source: P.A. 83-661.)
Notes of Decisions
Cited in 13
cases (1 in the last 5 years), 1999–2023 · leading case: Howe v. Ret. Bd. of the Firemen's Annunity & Benefit Fund of Chicago, 2015 IL App (1st) 141350 (Ill. App. Ct. 2015).
Howe v. Ret. Bd. of the Firemen's Annunity & Benefit Fund of Chicago, 2015 IL App (1st) 141350 (Ill. App. Ct. 2015). “” The Board also found Howe failed “to prove that he was injured while on duty” and “meet his burden of proof to show that he is disabled as defined under section 6-112 of the Illinois Pension Code [(40 ILCS 5/6-112 (West 2010))].” ¶ 32 On May 6, 2011, Howe filed his complaint…”
Howe v. Ret. Bd. of the Firemen's Annuity & Benefit Fund, 2013 IL App (1st) 122446 (Ill. App. Ct. 2013). “” The Board also found Howe failed “to prove that he was injured while on duty” and “meet his burden of proof to show that he is disabled as defined under section 6-112 of the Illinois Pension Code [(40 ILCS 5/6-112 (West 2010))].” The Board transmitted the decision to Howe on…”
Howe v. The Ret. Bd. of the Firemen's Annunity & Benefit Fund of Chicago, 2015 IL App (1st) 141350 (Ill. App. Ct. 2015). “” The Board also found Howe failed “to prove that he was injured while on duty” and “meet his burden of proof to show that he is disabled as defined under section 6-112 of the Illinois Pension Code [(40 ILCS 5/6-112 (West 2010))].” ¶ 32 On May 6, 2011, Howe filed his complaint…”
Thigpen v. Ret. Bd. of Firemen's Annuity & Benefit Fund of Chicago, 741 N.E.2d 276 (Ill. App. Ct. 2000). “The Code defines an "act of duty" as: "Any act imposed on an active fireman by the ordinances of a city, or by the rules or regulations of its fire department, or any act performed by an active fireman while on duty, having for its direct purpose the saving of the life or…”
Siwinski v. The Ret. Bd. of the Firemen's Annuity & Benefit Fund, 2019 IL App (1st) 180388 (Ill. App. Ct. 2019). “” 40 ILCS 5/6-112 (West 2016). An act of duty, in turn, refers to “[a]ny act” imposed by law on an active paramedic or which she performs “while on duty, having for its direct purpose the saving of the life or property of another person.”
Payne v. Ret. Bd. of the Firemen's Annunity & Benefit Fund, 2012 IL App (1st) 112435 (Ill. App. Ct. 2012). “40 ILCS 5/6-112 (West 2008). ¶ 46 Section 6-112 of the Pension Code (40 ILCS 5/6-112 (West 2008)), defines disability as a “condition of physical or mental incapacity to perform any assigned duty or duties in the fire service.”
Siwinski v. The Ret. Bd. of the Firemen's Annuity & Benefit Fund of the City of Chicago, 2019 IL App (1st) 180388 (Ill. App. Ct. 2019). “" 40 ILCS 5/6-112 (West 2016) ). An act of duty, in turn, refers to "[a]ny act" imposed by law on an active paramedic, or which she performs "while on duty, having for its direct purpose the saving of the life or property of another person.”
Siwinski v. The Ret. Bd. of the Firemen's Annuity & Benefit Fund of the City of Chicago, 2019 IL App (1st) 180388 (Ill. App. Ct. 2019). “” 40 ILCS 5/6-112 (West 2016)). An act of duty, in turn, refers to “[a]ny act” imposed by law on an active paramedic, or which she performs “while on duty, having for its direct purpose the saving of the life or property of another person.”
Szymala v. Romeoville Firefighters' Pension Fund, 2023 IL App (3d) 220093-U (Ill. App. Ct. 2023). “” 40 ILCS 5/6-112 (West 2018). Here, the Board determined that the plaintiff was not disabled, and therefore, was not entitled to a pension.”
Roszak v. Kankakee Firefighters' Pension Bd. (Ill. App. Ct. 2007). “An act of duty is defined as: “Any act imposed on an active fireman by the ordinances of a city, or by rules or regulations of its fire department, or any act performed by an active fireman while on duty, having for its direct purpose the saving of the life or property of…”
Carmody v. Ret. Bd. of Fireman's Annuity & Benefit Fund of Chicago (Ill. App. Ct. 1999). “" 40 ILCS 5/6-112 (West 1996). Section 6-151.”
Wilfert v. Ret. Bd. of the Firemen's Annuity & Benefit Fund (Ill. App. Ct. 2000). “However, the Board's decision also concerned a question of law because "disability" is a statutory term referring to a "condition of physical or mental incapacity to perform any assigned duty or duties in the fire service," which is subject to legal interpretation.”
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