Thomas E. King - Page 3

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                  The Pension Code provides for disability pensions for police                            
            officers regardless of whether the officer becomes disabled on or                             
            off duty.  In particular, the Pension Code provides:                                          
                  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.                                                            
            Ill. Rev. Stat. ch. 108 1/2, par. 3-114.2 (1991).  In the event                               
            that an officer is disabled in the line of duty, the amount of                                
            the pension is increased to 65 percent of the officer's salary.                               
            Id. at 3-144.1.  Furthermore, "If a police officer receiving                                  
            pension payments re-enters active service, pension payments shall                             
            be suspended while he or she is in service.  When he or she again                             
            retires, pension payments shall be resumed."  Id. at 3-124.1.                                 
                  Due to the nature of his injuries, petitioner was in a cast                             
            for approximately 1 year, and used crutches and canes for several                             
            years thereafter.  He later refractured his ankle several times,                              


            Annotated (Smith-Hurd 1993).                                                                  




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