A former Des Plaines police sergeant challenged the decision of the Police Pension Board to award him a non-duty disability pension based on the salary attached to the rank of sergeant. The police sergeant had previously served and was paid as a commander prior to filing his disability application. However, when his rank was reduced to sergeant, his pay was frozen and he continued to receive pay at the commander pay rate. The Police Pension Board interpreted and applied section 3-114.2 of the Pension Code, which provides that an officer who becomes disabled due to a non-duty incident “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.” 40 ILCS 5/3-114.2. The decision of the Police Pension Board to award a non-duty disability pension based on the salary attached to the rank of sergeant was affirmed on administrative review by the Circuit Court, and further affirmed by the 1st District Appellate Court as the decision was not clearly erroneous.
