40 ILCS 5/6-163
Annual salary for computing annuities and benefits-Amount of duty disability benefit limited
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(40 ILCS 5/6-163)
(from Ch. 108 1/2, par. 6-163)
Sec. 6-163.
Annual salary for computing annuities and benefits-Amount of duty
disability benefit limited.
For age and service annuity, the minimum annuities prescribed in
Sections 6-123 and 6-128 and for disability benefits, salary as defined
in Section 6-111 shall be the basis of computation. For disability pension
and duty disability benefit under this Article, it shall be assumed that
the annual salary of a fireman is the amount set out and appropriated for
the rank or grade held by him in the annual budget or appropriation of the
city, and that when salary is appropriated in a lump sum to be paid on the
basis of a daily wage for services as needed, the annual salary is the
amount ascertained by multiplying the daily wage by 280; provided that (1)
for computing minimum annuity, disability pension and duty disability
benefits from and after January 1, 1941, the salary shall be assumed to be
not less than the salary appropriated for the rank or grade held by the
fireman concerned on December 31, 1940; and that (2) when the amount of
salary appropriated for a position is for a definite period of less than 12
months in any one year subsequent to December 31, 1940, disability benefit
shall be computed upon the basis of a daily wage or salary by dividing the
amount appropriated for such disabled person by 365; and (3) the amount of
duty disability benefit, either in itself or when added to child's
disability benefit, shall not exceed the actual salary appropriated for the
rank or grade held by the disabled person when the right to such disability
benefits accrues.
The provisions of this section shall be retroactive to January 1, 1941,
but shall not apply to any person whose pension, annuity or disability
benefit has been or shall be granted, based upon or computed in accordance
with the provisions of any Act other than this Article or the "Firemen's
Annuity and Benefit Fund of the Illinois Municipal Code".
(Source: Laws 1967, p. 3625.)
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 1997–2025 · leading case: Moreland v. Retirement Board of the Policemen's Annuity and Benefit Fund of the City of Chicago
Moreland v. Retirement Board of the Policemen's Annuity and Benefit Fund of the City of Chicago (2025)
“3d 403 (2000), the appellate court had considered an analogous Code section—section 6- 153 (40 ILCS 5/6-153 (West 1992) (renumbered as 40 ILCS 5/6-163))—which applies to the firemen’s annuity and benefit fund for cities with a population over 500,000.”
Holland v. City of Chicago (1997)
“) 40 ILCS 5/6-163 (West 1994). Section 6-111, in turn, provides the following definition of "salary": "Subject to Section 6-211, the annual salary of a fireman, as follows: (a) For age and service annuity, minimum annuity and disability benefits, the actual amount of the annual…”
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