40 ILCS 5/5-154
2021 Illinois Compiled Statutes|Chapter 40 - PENSIONS|40 ILCS 5/ - Illinois Pension Code.|Article 5 - Policemen's Annuity And Benefit Fund--Cities Over 500,000

 (from Ch. 108 1/2, par. 5-154)Sec. 5-154.     Duty disability benefit; child's disability benefit.(a) An active policeman who becomes disabled on or after the  effective date as the result of injury incurred on or after such  date in the performance of an act of duty, has a right to receive duty  disability benefit during any period of such disability for which he  does not have a right to receive salary, equal to 75% of his salary, as  salary is defined in this Article, at the time the disability is allowed;  or in the case of a policeman on duty disability who returns  to active employment at any time for a period of at least 2  years and is again disabled from the same cause or causes,  75% of his salary, as salary is defined in this Article, at  the time disability is allowed; provided, however, that:(i) If the disability resulted from any physical     defect or mental disorder or any disease which existed at the time the injury was sustained, or if the disability is less than 50% of total disability for any service of a remunerative character, the duty disability benefit shall be 50% of salary as defined in this Article.(ii) Beginning January 1, 1996, no duty disability     benefit that has been payable under this Section for at least 10 years shall be less than 50% of the current salary attached from time to time to the rank held by the policeman at the time of removal from the police department payroll, regardless of whether that removal occurred before the effective date of this amendatory Act of 1995. Beginning on January 1, 2000, no duty disability benefit that has been payable under this Section for at least 7 years shall be less than 60% of the current salary attached from time to time to the rank held by the policeman at the time of removal from the police department payroll, regardless of whether that removal occurred before the effective date of this amendatory Act of the 92nd General Assembly.(iii) If the Board finds that the disability of the     policeman is of such a nature as to permanently render him totally disabled for any service of a remunerative character, the duty disability benefit shall be 75% of the current salary attached from time to time to the rank held by the policeman at the time of removal from the police department payroll.  In the case of a policeman receiving a duty disability benefit under this Section on the effective date of this amendatory Act of the 92nd General Assembly, the increase in benefit provided by this amendatory Act, if any, shall begin to accrue as of the date that the Board makes the required finding of permanent total disability, regardless of whether removal from the payroll occurred before the effective date of this amendatory Act.(b) The policeman shall also have a right to child's disability benefit  of $100 per month for each unmarried child, the issue of the  policeman, less than age 18, but the total amount of child's disability benefit  shall not exceed 25% of his salary as defined in this Article.  The increase  in child's disability benefit provided by this amendatory Act of the 92nd  General Assembly applies beginning January 1, 2000 to all such benefits payable  on or after that date, regardless of whether the disabled policeman is in  active service on or after the effective date of this amendatory Act.(c) Duty disability benefit shall be payable until the policeman  becomes age 63 or would have been retired by operation of law, whichever  is later, and child's disability benefit shall be paid during any such  period of disability until the child attains age 18.  Thereafter the  policeman shall receive the annuity provided in accordance with the  other provisions of this Article.(d) A policeman who suffers a heart attack during the performance  and discharge of his or her duties as a policeman shall be considered  injured in the performance of an act of duty and shall be eligible for  all benefits that the City provides for police officers injured in the  performance of an act of duty.  This subsection (d) is a restatement of  existing law and applies without regard to whether the policeman is in service  on or after the effective date of Public Act 89-12 or this amendatory Act of  1996.    (Source: P.A. 92-52, eff. 7-12-01.)