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Illinois Compiled Statutes

40 ILCS 5/6-140 (2026)

Death in the line of duty

✓ current as of May 2026
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(40 ILCS 5/6-140) (from Ch. 108 1/2, par. 6-140)
    Sec. 6-140. Death in the line of duty.
    (a) The annuity for the widow of a fireman whose death results from the performance of an act or acts of duty shall be an amount equal to 50% of the current annual salary attached to the classified position to which the fireman was certified at the time of his death and 75% thereof after December 31, 1972.
    Unless the performance of an act or acts of duty results directly in the death of the fireman, or prevents him from subsequently resuming active service in the fire department, the annuity herein provided shall not be paid; nor shall such annuities be paid unless the widow was the wife of the fireman at the time of the act or acts of duty which resulted in his death.
    For the purposes of this Section only, the death of any fireman as a result of the exposure to and contraction of COVID-19, as evidenced by either (i) a confirmed positive laboratory test for COVID-19 or COVID-19 antibodies or (ii) a confirmed diagnosis of COVID-19 from a licensed medical professional, shall be rebuttably presumed to have been contracted while in the performance of an act or acts of duty and the fireman shall be rebuttably presumed to have been fatally injured while in active service. The presumption shall apply to any fireman who was exposed to and contracted COVID-19 on or after March 9, 2020 and on or before January 31, 2022 (including the period between December 31, 2020 and the effective date of this amendatory Act of the 101st General Assembly); except that the presumption shall not apply if the fireman was on a leave of absence from his or her employment or otherwise not required to report for duty for a period of 14 or more consecutive days immediately prior to the date of contraction of COVID-19. For the purposes of determining when a fireman contracted COVID-19 under this paragraph, the date of contraction is either the date that the fireman was diagnosed with COVID-19 or was unable to work due to symptoms that were later diagnosed as COVID-19, whichever occurred first.
    (b) The changes made to this Section by this amendatory Act of the 92nd General Assembly apply without regard to whether the deceased fireman was in service on or after the effective date of this amendatory Act. In the case of a widow receiving an annuity under this Section that has been reduced to 40% of current salary because the fireman, had he lived, would have attained the age prescribed for compulsory retirement, the annuity shall be restored to the amount provided in subsection (a), with the increase beginning to accrue on the later of January 1, 2001 or the day the annuity first became payable.
(Source: P.A. 103-692, eff. 7-19-24.)

    
Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 2002–2023 · leading case: Hooker v. Ret. Bd. of the Firemen's Annuity & Benefit Fund, 2012 IL App (1st) 111625 (Ill. App. Ct. 2012).
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Hooker v. Ret. Bd. of the Firemen's Annuity & Benefit Fund, 2012 IL App (1st) 111625 (Ill. App. Ct. 2012). · cites it 7× “See 40 ILCS 5/6-140 (West 2000). They filed a complaint for administrative review of their awards of the minimum annuity.”
Cunningham v. Ret. Bd. Firemen's Ann., 907 N.E.2d 463 (Ill. App. Ct. 2009). · cites it 5× “The Board granted the widows' claims and awarded each widow a widow's minimum annuity pursuant to section 6-141.1 of the Pension Code.”
Hooker v. Ret. Bd. of the Firemen's Annuity & Benefit Fund of Chicago, 2013 IL 114811 (Ill. 2013). · cites it 5× “OPINION ¶1 Section 6-140(a) of the Illinois Pension Code (40 ILCS 5/6-140 (West 2008)) defines the terms of the annuity available to a widow of a fireman whose death was the result of a performance of an act of duty.”
Hooker v. Ret. Bd. of the Firemen's Annuity & Benefit Fund of Chicago, 2013 IL 114811 (Ill. 2014). · cites it 4× “OPINION ¶1 Section 6-140(a) of the Illinois Pension Code (40 ILCS 5/6-140 (West 2008)) defines the terms of the annuity available to a widow of a fireman whose death was the result of a performance of an act of duty.”
Vill. of Buffalo Grove v. Bd. of Trs. of the Buffalo Grove Firefighters' Pension Fund, 2020 IL App (2d) 190171 (Ill. App. Ct. 2020). “We also observe that the language of the provision governing survivor’s benefits (40 ILCS 5/6-140 (West 2004)) differs in important ways from the language of section 4-114(i), the provision applicable here.”
Salcedo v. Ret. Bd. of the Policemen's Annuity & Benefit Fund of Chicago, 2023 IL App (1st) 220728 (Ill. App. Ct. 2023). · cites it 2× “See 40 ILCS 5/6-140 (West 2020). Section 6-140 solely provides for a general annuity to a widow based on the firefighter’s death while on duty.”
Hooker v. Ret. Bd. of the Fireman's Annuity & Benefit Fund, 2014 IL App (1st) 131568 (Ill. App. Ct. 2014). · cites it 9× “¶4 Elaine believed that pursuant to section 6-140 of the Pension Code, she was entitled to a higher annuity for widows of firemen who died in the line of duty (40 ILCS 5/6-140 (West 2000)). She therefore filed a complaint in the circuit court on February 5, 2003, requesting…”
Shields v. State Employees Ret. Sys., 844 N.E.2d 438 (Ill. App. Ct. 2006). “" 40 ILCS 5/6-140 (West 2002). By comparison, the System's enabling statute is even more explicit about the distinct and separate nature of *446 the System.”
Hooker v. Ret. Bd. of the Fireman's Annuity & Benefit Fund, 2014 IL App (1st) 131568 (Ill. App. Ct. 2014). · cites it 7× “¶4 Elaine believed that pursuant to section 6-140 of the Pension Code, she was entitled to a higher annuity for widows of firemen who died in the line of duty (40 ILCS 5/6-140 (West 2000)). She therefore filed a complaint in the circuit court on February 5, 2003, requesting…”
Bertucci v. Ret. Bd. of the Firemen's Annuity (Ill. App. Ct. 2004). · cites it 20× “The defendant, the Retirement Board of the Fireman's Annuity and Benefit Fund of Chicago (Board), appeals from a circuit court order reversing the Board's decision denying plaintiff, Idella Bertucci, a widow's duty-related annuity benefit pursuant to section 6-140 (40 ILCS…”
Bell v. Ret. Bd. of the Firemen's Annuity & Benefit (Ill. App. Ct. 2010). · cites it 5× “etirement Board of the Firemen’s Annuity and Benefit Fund of Chicago (Board) correctly determined that section 6-140 of the Illinois Pension Code (40 ILCS 5/6-140 (West 2006)) does not require payment of benefits to widows retroactive to the date of their husbands’ deaths, and…”
Luchesi v. Ret. Bd. of the Firemen's Annuity & Benefit Fund (Ill. App. Ct. 2002). “See 40 ILCS 5/6-140, 6-141, 6-141.1 (West 1998).”
— 40 ILCS 5/6-140(a) — 5 cases
Hooker v. Ret. Bd. of the Firemen's Annuity & Benefit Fund, 2012 IL App (1st) 111625 (Ill. App. Ct. 2012). “See 40 ILCS 5/6-140 (West 2000). They filed a complaint for administrative review of their awards of the minimum annuity.”
Hooker v. Ret. Bd. of the Firemen's Annuity & Benefit Fund of Chicago, 2013 IL 114811 (Ill. 2013). “OPINION ¶1 Section 6-140(a) of the Illinois Pension Code (40 ILCS 5/6-140 (West 2008)) defines the terms of the annuity available to a widow of a fireman whose death was the result of a performance of an act of duty.”
Hooker v. Ret. Bd. of the Firemen's Annuity & Benefit Fund of Chicago, 2013 IL 114811 (Ill. 2014). “OPINION ¶1 Section 6-140(a) of the Illinois Pension Code (40 ILCS 5/6-140 (West 2008)) defines the terms of the annuity available to a widow of a fireman whose death was the result of a performance of an act of duty.”
Hooker v. Ret. Bd. of the Fireman's Annuity & Benefit Fund, 2014 IL App (1st) 131568 (Ill. App. Ct. 2014). “¶4 Elaine believed that pursuant to section 6-140 of the Pension Code, she was entitled to a higher annuity for widows of firemen who died in the line of duty (40 ILCS 5/6-140 (West 2000)). She therefore filed a complaint in the circuit court on February 5, 2003, requesting…”
Hooker v. Ret. Bd. of the Fireman's Annuity & Benefit Fund, 2014 IL App (1st) 131568 (Ill. App. Ct. 2014). “¶4 Elaine believed that pursuant to section 6-140 of the Pension Code, she was entitled to a higher annuity for widows of firemen who died in the line of duty (40 ILCS 5/6-140 (West 2000)). She therefore filed a complaint in the circuit court on February 5, 2003, requesting…”
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