(40 ILCS 5/3-114.1)
(from Ch. 108 1/2, par. 3-114.1)
Disability pension - Line of duty.
(a) 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 equal
to the greatest of (1) 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, (2) the retirement pension that the police officer would be
eligible to receive if he or she retired (but not including any automatic
annual increase in that retirement pension), or (3) the pension provided
under subsection (d), if applicable.
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.
(b) 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.
(c) 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.
If the minimum pension established in Section 3-113.1 is greater than the
minimum provided in this Section, the Section 3-113.1 minimum controls.
(d) A disabled police officer who (1) is receiving a pension under this
on the effective date of this amendatory Act of the 91st General Assembly, (2)
files with the Fund, within 30 days after that effective date and annually
thereafter while the pension remains payable, a written application for the
benefits of this subsection, including an affidavit stating that the applicant
has not earned any income from gainful employment during the most recently
concluded tax year and a copy of his or her most recent Illinois income tax
return, (3) has service credit in the Fund for at least 7 years of active duty,
and (4) has been receiving the pension under this Section for a period which,
when added to the officer's total service credit in the Fund, equals at least
20 years, shall be eligible to receive an annual noncompounded increase in his
or her pension under this Section, equal to 3% of the original pension.
The Fund may take appropriate steps to verify the applicant's disability
and earnings status, and for this purpose may request from the Department of
Revenue a certified copy of the applicant's Illinois income tax return for any
year for which a benefit under this Section is payable or has been paid.
The annual increase shall accrue on each anniversary of the initial pension
payment date, for so long as the pension remains payable to the disabled police
officer and the required annual application is made, except that the annual
increases under this subsection shall cease if the disabled police officer
earns income from gainful employment. Within 60 days after accepting an
initial application under this subsection, the Fund shall pay to the disabled
police officer, in a lump sum without interest, the amounts resulting from the
annual increases that have accrued retroactively.
This subsection is not limited to persons in active service on or after its
effective date, but it applies only to a pension that is payable under this
Section to a disabled police officer (rather than a survivor). Upon the death
of the disabled police officer, the annuity payable under this Section to his
or her survivors shall include any annual increases previously received, but no
additional increases shall accrue under this subsection.
(Source: P.A. 91-939, eff. 2-1-01.)