Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as Public
soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
(40 ILCS 5/4-110)
(from Ch. 108 1/2, par. 4-110)
Disability pension - Line of duty.
If a firefighter, as the
result of sickness, accident or injury incurred in or resulting from the
performance of an act of duty or from the cumulative effects of acts of duty,
is found, pursuant to Section 4-112, to be physically or mentally permanently
disabled for service in the fire department, so as to render necessary his or
her being placed on disability pension, the firefighter shall be entitled to
a disability pension equal to the greater of (1) 65% of the monthly
salary attached to the rank held by him or her in the fire department at the
date he or she is removed from the municipality's fire department payroll or
(2) the retirement pension that the firefighter would be eligible to receive
if he or she retired (but not including any automatic annual increase in that
retirement pension). A firefighter shall be considered "on duty" while on
any assignment approved by the chief of the fire department, even though away
from the municipality he or she serves as a firefighter, if the assignment
is related to the fire protection service of the municipality.
Such firefighter shall also be entitled to a child's disability benefit
of $20 a month on account of each unmarried child less than 18 years of age and
dependent upon the firefighter for support, either the issue of the firefighter
or legally adopted by him or her. The total amount of child's disability
benefit payable to the firefighter, when added to his or her disability
pension, shall not exceed 75% of the amount of salary which the
firefighter was receiving at the date of retirement.
Benefits payable on account of a child under this Section shall not
be reduced or terminated by reason of the child's attainment
of age 18 if he or she is then dependent by reason of a physical or mental
disability but shall continue to be paid as long as such dependency continues.
Individuals over the age of 18 and adjudged to be disabled persons pursuant to
Article XIa of the Probate Act of 1975, except for persons receiving benefits
under Article III of the Illinois Public Aid Code, shall be eligible to receive
benefits under this Act.
If a firefighter dies while still disabled and receiving a disability pension
under this Section, the disability pension shall continue to be paid to the
firefighter's survivors in the sequence provided in Section 4-114. A pension previously granted
under Section 4-114 to a survivor of a firefighter who died while receiving a
disability pension under this Section shall be deemed to be a continuation
of the pension provided under this Section and shall be deemed to be
in the nature of worker's compensation payments. The changes to this Section
made by this amendatory Act of 1995 are intended to be retroactive and are not
limited to persons in service on or after its effective date.
(Source: P.A. 93-1090, eff. 3-11-05.)