Illinois Compiled Statutes
Pensions
Illinois Pension Code
40 ILCS 5/
ARTICLE 3. POLICE PENSION FUND - MUNICIPALITIES
500,000 and UNDER
(40 ILCS 5/3-114.1)
Sec. 3-114.1. Disability pension - Line of duty.
If a police
officer as the result of sickness, accident or injury incurred in or
resulting from the performance of an act of duty, is found to be
physically or mentally disabled for service in the police department, so
as to render necessary his or her suspension or retirement from the
police service, the police officer shall be entitled to a disability
retirement pension of 65% of the salary attached to the rank on the
police force held by the officer at the date of suspension of duty or
retirement. A police officer shall be considered "on duty", while on any
assignment approved by the chief of the police department of the
municipality he or she serves, whether the assignment is within or
outside the municipality.
If a police officer on disability pension dies while still disabled,
the disability pension shall continue to be paid to his or her survivors
in the sequence provided in Section 3-112.
From and after July 1, 1987, any pension payable under this Section
shall be at least $400 per month, without regard to the fact that the
disability or death of the police officer occurred prior to that date.
(Source: P.A. 85-941.)
(40 ILCS 5/3-114.2)
Sec. 3-114.2. Disability pension - Not on duty.
A police officer
who becomes disabled as a result of any cause other than the performance
of an act of duty, and who is found to be physically or mentally
disabled so as to render necessary his or her suspension or retirement
from police service in the police department, shall be entitled to a
disability pension of 50% of the salary attached to the officer's rank
on the police force at the date of suspension of duty or retirement.
If a police officer on disability pension dies while still disabled,
the disability pension shall continue to be paid to the officer's
survivors in the sequence provided in Section 3-112.
From and after July 1, 1987, any pension payable under this Section
shall be at least $400 per month, without regard to the fact that the
disability or death of the police officer occurred prior to that date.
(Source: P.A. 85-941.)
(40 ILCS 5/3-114.3)
Sec. 3-114.3. Heart attack suffered in performance of duties.
Any
police officer who suffers a heart attack as a result of the performance
and discharge of police duty shall be considered as having been injured
in the performance of an act of duty and shall be eligible for the
benefits provided under this Article for police officers injured in the
performance of an act of duty or, if applicable, the benefits provided
in Section 3-114.6.
(Source: P.A. 90-766, eff. 8-14-98.)
(40 ILCS 5/3-114.4)
Sec. 3-114.4. Return to active duty after disability.
A police
officer who receives a disability pension under Section 3-114.1,
3-114.2, or 3-114.6 for more than 2 years and who returns to active duty
must remain in active police service for at least 5 years before
becoming eligible for a disability pension greater than the pension paid
for the prior disability.
(Source: P.A. 90-766, eff. 8-14-98.)
(40 ILCS 5/3-114.5)
Sec. 3-114.5. Reduction of disability and survivor's benefits for corresponding benefits payable under Workers' Compensation and Workers' Occupational Diseases Acts.
- Whenever a person is entitled to a disability or survivor's benefit under this Article and to benefits under the Workers' Compensation Act or the Workers' Occupational
Diseases Act for the same injury or disease, the benefits payable under
this Article shall be reduced by an amount computed in accordance with
subsection (b) of this Section. There shall be no reduction, however,
for any of the following: payments for medical, surgical and hospital
services, non-medical remedial care and treatment rendered in accordance
with a religious method of healing recognized by the laws of this State
and for artificial appliances; payments made for scheduled losses for
the loss of or permanent and complete or permanent and partial loss of
the use of any bodily member or the body taken as a whole under
subdivision (d)2 or subsection (e) of Section 8 of the Workers'
Compensation Act or Section 7 of the Workers' Occupational Diseases Act;
payments made for statutorily prescribed losses under subdivision (d)2
of Section 8 of the Workers' Compensation Act or Section 7 of the
Workers' Occupational Diseases Act; and that portion of the payments
which is utilized to pay attorneys' fees and the costs of securing the
workers' compensation benefits under either the Workers' Compensation
Act or Workers' Occupational Diseases Act.
- The reduction prescribed by this Section shall be computed as
follows:
- In the event that a person entitled to benefits under this
Article incurs costs or attorneys' fees in order to establish his
entitlement, the reduction prescribed by this Section shall itself be
reduced by the amount of such costs and attorneys' fees.
- If the benefits deductible under this Section are stated in a
weekly amount, the monthly amount for the purpose of this Section shall
be 52 times the weekly amount, divided by 12.
(Source: P.A. 84-1472.)
(40 ILCS 5/3-114.6)
Sec. 3-114.6. Occupational disease disability pension.
- This Section applies only to police officers who are employed
by a municipality with a combined police and fire department and who
have regular firefighting duties in addition to their law enforcement
duties.
- The General Assembly finds that service in a police department
that also has firefighting duties requires officers to perform unusual
tasks in times of stress and danger; that officers are subject to
exposure to extreme heat or extreme cold in certain seasons while
performing their duties; that they are required to work in the midst of
and are subject to heavy smoke fumes and carcinogenic, poisonous, toxic,
or chemical gases from fires; and that these conditions exist and arise
out of or in the course of employment.
- An active officer with 5 or more years of creditable service
who is found to be unable to perform his or her duties in the department
by reason of heart disease, tuberculosis, or any disease of the lungs or
respiratory tract, resulting from service as an officer, is entitled to
an occupational disease disability pension during any period of such
disability for which he or she has no right to receive salary.
An active officer who has completed 5 or more years of service and
is unable to perform his or her duties in the department by reason of a
disabling cancer, which develops or manifests itself during a period
while the officer is in the service of the department, is entitled to
receive an occupational disease disability benefit during any period of
such disability for which he or she does not have a right to receive
salary. In order to receive this occupational disease disability
benefit, the cancer must be of a type that may be caused by exposure to
heat, radiation, or a known carcinogen as defined by the International
Agency for Research on Cancer.
An officer who, after the effective date of this amendatory Act of
1998, enters the service of a combined police and fire department and
has regular firefighting duties shall be examined by one or more
practicing physicians appointed by the board. If the examination
discloses impairment of the heart, lungs, or respiratory tract, or the
existence of cancer, the officer shall not be entitled to an
occupational disease disability pension under this Section unless and
until a subsequent examination reveals no such impairment or cancer.
The occupational disease disability pension shall be 65% of the
salary attached to the rank held by the officer at the time of his or
her removal from the municipality's department payroll.
The occupational disease disability pension is payable to the
officer during the period of the disability. If the disability ceases
before the death of the officer, the disability pension payable under
this Section shall also cease and the officer thereafter shall receive
such pension benefits as are provided in accordance with other
provisions of this Article.
If an officer dies while still disabled and receiving a disability
pension under this Section, the disability pension shall continue to be
paid to the officer's survivors in the sequence provided in Section
3-112.
(Source: P.A. 90-766, eff. 8-14-98.)
(40 ILCS 5/3-115)
Sec. 3-115. Certificate of disability.
A disability pension shall
not be paid unless there is filed with the board certificates of the
police officer's disability, subscribed and sworn to by the police
officer if not under legal disability, or by a representative if the
officer is under legal disability, and by the police surgeon (if there
be one) and 3 practicing physicians selected by the board. The board may
require other evidence of disability. Medical examination of a police
officer retired for disability shall be made at least once each year
prior to attainment of age 50, as verification of the continuance of
disability for service as a police officer. No examination shall be
required after age 50.
(Source: P.A. 83-1440.)
(40 ILCS 5/3-116)
Sec. 3-116. Examination and emergency service.
A police officer
whose duty is suspended because of disability may be summoned to appear
before the board, and to submit to an examination to determine fitness
for duty. The officer shall abide by the board's decision. If a police
officer retired for disability, except one who voluntarily retires after
20 years' service, is found upon medical examination to have recovered
from disability, the board shall certify to the chief of police that the
member is no longer disabled and is able to resume the duties of his or
her position. In case of emergency, a disabled police officer may be
assigned to and shall perform such duty without right to compensation as
the chief of police or chief officer of the municipality may direct.
(Source: P.A. 83-1440.)
(40 ILCS 5/3-116.1)
Sec. 3-116.1. Disability pension option.
A police officer age 50
or older who is receiving a disability pension may by written
application to the board, elect the disability pension option if the
period during which a disability pension was paid when added to the
period of active service equals at least 20 years. The election shall
permit the officer to continue to receive a retirement pension for the
remainder of his or her life of 1/2 of the salary at the date of the
retirement on disability in lieu of any amounts which would have been
payable to the officer under Section 3-111.
(Source: P.A. 83-1440.)