3
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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