Illinois Compiled Statutes
40 ILCS 5/9-158 (2026)
Proof of disability, duty and ordinary
✓ current as of May 2026
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(40 ILCS 5/9-158)
(from Ch. 108 1/2, par. 9-158)
Sec. 9-158. Proof of disability, duty and ordinary. Proof of duty or ordinary disability shall be furnished to the board by
at least one licensed and practicing physician appointed by or acceptable to the board, except that this requirement may be waived by the board for proof of duty disability if the employee has been compensated by the county for such disability or specific loss under the Workers' Compensation Act or Workers' Occupational Diseases Act. The physician requirement may also be waived by the board for ordinary disability maternity claims of up to 8 weeks. With respect to duty disability, satisfactory proof must be provided to the board that the final adjudication of the claim required under subsection (d) of Section 9-159 established that the disability or death resulted from an injury incurred in the performance of an act or acts of duty. The
board may require other evidence of disability. Each disabled employee who
receives duty or ordinary disability benefit shall be examined at least
once a year or a longer period of time as determined by the board, by one or more licensed and practicing physicians appointed by
the board. When the disability ceases, the board shall discontinue payment
of the benefit.
(Source: P.A. 102-210, eff. 1-1-22.)
Notes of Decisions
Cited in 3
cases (3 in the last 5 years), 2021–2025 · leading case: O'Connell v. Cnty. of Cook, 2022 IL 127527 (Ill. 2022).
O'Connell v. Cnty. of Cook, 2022 IL 127527 (Ill. 2022). “Pursuant to the Pension Code’s annual medical examination requirement (40 ILCS 5/9-158 (West 1998); id. § 9-159(a)), the applicant’s disability status is revisited, but his employment status is not.”
O'Connell v. Cnty. of Cook, 2021 IL App (1st) 201031 (Ill. App. Ct. 2021). “As required by section 9-158 of the Code (40 ILCS 5/9-158 (West 2018)), he reapplied for those benefits from time to time by submitting proof of his continued disability, and the pension board approved those applications.”
Budlove v. Ret. Bd. of the Cnty. Employees' & Officers' Annuity Fund of Cook Cnty., 2025 IL App (1st) 242335-U (Ill. App. Ct. 2025). “He reads the last sentence of section 158 of the Pension Code, 40 ILCS 5/9-158 (West 2006), to mean that once he began receiving duty disability benefits, it was the Board’s obligation to prove that he had recovered from the injuries that he sustained in 2002 while performing an…”
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