Illinois Compiled Statutes
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40 ILCS 5/5-157
(40 ILCS 5/5-157)
(from Ch. 108 1/2, par. 5-157)
Administration of disability benefits.
(a) If a policeman who is granted duty or ordinary disability benefit
refuses to submit to examination by a physician appointed by the board, he
shall have no further right to receive the benefit.
(b) A policeman who has withdrawn from service while disabled and
entered upon annuity prior to the effective date, and who has thereafter been
reinstated as a policeman, shall have no right to ordinary disability
benefit in excess of the amount previously received unless he serves at
least one year after such reinstatement. This provision shall apply
throughout the duration of any disability incurred by the policeman within
one year after his reinstatement resulting from any cause other than injury
incurred in the performance of an act of duty.
(c) Until the effective date of this amendatory Act of the
92nd General Assembly, a policeman who assumes regular employment
for compensation, while in receipt of ordinary or duty disability benefits,
shall not be entitled to receive any amount of such disability benefits which,
when added to his compensation for such employment during disability, would
exceed 150% of the rate of salary which would be paid to him if he were working
in his regularly appointed civil service position as a policeman. The changes
made to this Section by Public Act 90-766 are not limited to persons in service on or after the effective
date of that Act.
Beginning on the effective date of this amendatory Act of the 92nd
General Assembly, the reduction of disability benefits due to compensation for
employment previously imposed under this subsection (c) no longer applies to
any person receiving a disability benefit under this Article, without regard to
whether the person is in service on or after that date. The removal of this
limitation by this amendatory Act is not retroactive and does not entitle any
person to the restoration of amounts previously reduced or withheld under this
(d) Disability benefit shall not be paid for any part of time for which
a disabled policeman shall receive any part of his salary.
(e) Except as herein otherwise provided, disability benefit shall not
be paid for any disability based upon or caused by any mental or physical
defect which the policeman had at the time he entered the police service.
(f) Disability benefit shall not be allowed to any policeman who
re-enters the public service in any capacity where his salary is payable in
whole or in part by taxes levied upon taxable property in the city in which
this Article is in effect, or out of special revenues of any department of the
city. The disability benefit shall be suspended during the period he is in
the public service for compensation, and shall be resumed when he withdraws
from such service.
(g) If a policeman receives any compensation as temporary total disability, permanent total disability, a lump sum settlement award, or other payment under the Workers' Compensation Act or the Workers' Occupational Diseases Act as a result of the policeman's secondary employment for any injury resulting in disability, any disability benefit provided to the policeman for such disability under this Article shall be reduced by any compensation amount so received, if that compensation amount is less than the amount of the disability benefit. If the amount received as compensation exceeds the amount of the disability benefit, the policeman shall not receive the disability benefit until the disability benefit payable equals the amount of the compensation received without consideration of interest. The calculation of compensation received by the policeman as provided in this Section shall not take into consideration any benefits received under the Line of Duty Compensation Act.
If the widow, child or children, or parent or parents of a policeman, or any of these persons, receives any compensation under the Workers' Compensation Act or the Workers' Occupational Diseases Act as a result of the policeman's secondary employment for any injury resulting in the policeman's death, the annuities provided under this Article for those beneficiaries shall be reduced by any compensation amount so received, if that compensation amount is less than the amount of the annuities. If the amount received as compensation exceeds the amount of the annuities for the widow, child or children, or parent or parents, the annuities shall not be payable until the accumulated value of the annuities equals the amount of the compensation received without consideration of interest. In making the adjustment, the annuity to the widow shall first be reduced. The calculation of compensation received by the widow, child or children, or parent or parents of a policeman, or any of these persons, as provided in this Section shall not take into consideration any benefits received under the Line of Duty Compensation Act or the Public Safety Officers Benefits Act of 1976, 34 U.S.C. 10281 et seq.
(h) Any disability benefit paid in violation of this Section or of this
Article shall be construed to have been paid in error, and the amounts so
paid shall be charged as a debit in the account of any person to whom the
same was paid and shall be deducted from any moneys thereafter payable to
such person out of this fund, or to the widow, heirs or estate of such
(Source: P.A. 102-806, eff. 5-13-22.)