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40 ILCS 5/6-152

Ordinary disability benefits

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(40 ILCS 5/6-152) (from Ch. 108 1/2, par. 6-152)
    Sec. 6-152. Ordinary disability benefits. Any fireman who is not eligible for minimum annuity, who becomes disabled after the effective date as the result of any cause other than the performance of an act or acts of duty, shall have a right to receive ordinary disability benefit during any period or periods of such disability, after the first 30 days of disability. Payment of such benefits shall not exceed, in the aggregate, throughout the entire service of the fireman, a period equal to 1/2 of the total service rendered by him prior to the time he became disabled, but not to exceed 5 years. In computing such period of service, the time that the fireman received ordinary disability benefit shall not be included.
    The first payment of the benefit shall be made not later than one month after the benefit is granted and each subsequent payment shall be made not later than one month after the time when the latest payment was made.
    When a disabled fireman becomes eligible for minimum annuity, the disability benefit shall cease and he shall thereafter receive such annuity or annuities as are provided for him in accordance with other provisions of this Article.
    Ordinary disability benefit shall be 50% of the fireman's salary at the time the disability occurs. Before any payment is made, a sum ordinarily deducted from the fireman's salary for annuity purposes during a period of time equal to that for which such payment of ordinary disability benefit is to be made shall be deducted from such payment and credited to him as a deduction from his salary for such period. The sums so credited shall be regarded, for annuity and refund purposes, as sums contributed by the fireman.
(Source: P.A. 84-11.)

    
Notes of Decisions
Cited in 7 cases, 1993–2007 · leading case: Collins v. BOARD OF TRUSTEES, FIREMEN'S ANNUITY & BEN. FUND OF CHICAGO
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Collins v. BOARD OF TRUSTEES, FIREMEN'S ANNUITY & BEN. FUND OF CHICAGO (1993) ill · cites it 5× “In 1987, this court decided Herhold and held that, for purposes of computation of disability benefits, paramedics were entitled to service credit for periods prior to 1983 during which they performed the duties of their position.”
Collins v. Board of Trustees of the Firemen's Annuity & Benefit Fund (1993) ill “) Although section 6 — 152 is inapplicable to retirement annuity service credits, the use of the adjective “total” in section 6-152 (40 ILCS 5/6-152 (West 1992)) to describe the service on which disability benefits are to be based creates a presumption that the legislature…”
Thigpen v. Retirement Board of Firemen's Annuity & Benefit Fund of Chicago (2000) illappct “40 ILCS 5/6-152 (West 1996). The record indicates that the Board refused to hear his application for ordinary benefits because the matter regarding duty disability benefits was before the circuit court for review.”
Reed v. Retirement Board of the Fireman's Annuity (2007) illappct · cites it 2× “Thereafter the Board refused to allow Reed to file an application for ordinary disability benefits pursuant to section 6-152 of the Code (40 ILCS 5/6-152 (West 2004)). Reed filed an amended complaint in mandamus seeking an order that the Board grant him an ordinary disability…”
Luchesi v. Retirement Board of the Firemen's Annuity & Benefit Fund (2002) illappct “1 (West 1998)), and ordinary disability benefits (40 ILCS 5/6-152 (West 1998)). The reference to "duty, occupational disease, or ordinary disability" in section 6-153 (40 ILCS 5/6-153 (West 1998)) clarifies that the requirements for proof of disability in that section apply to…”
O'Callaghan v. Retirement Bd. of Firemen's Annuity & Benefit Fund of Chicago (1998) illappct “" 40 ILCS 5/6-152 (West 1996). The plaintiff argues that the circuit court's decision affirming the Board's denial of such benefits must be reversed because he suffered certain procedural abuses during the Board hearing.”
Thigpen v. Retirement Board of Firemen's Annuity & Benefit Fund (2000) illappct “40 ILCS 5/6-152 (West 1996). The record indicates that the Board refused to hear his application for ordinary benefits because the matter regarding duty disability benefits was before the circuit court for review.”
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