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JOHNSON v. RETIREMENT BOARD OF POLICEMEN'S ANNUITY AND BENEFIT FUND

No. 84-2770.

137 Ill. App.3d 546 (1985)

484 N.E.2d 1250

JAMES A. JOHNSON, Plaintiff-Appellant, v. THE RETIREMENT BOARD OF THE POLICEMEN'S ANNUITY AND BENEFIT FUND, Defendant-Appellee.

Appellate Court of Illinois — First District (4th Division).

Opinion filed October 24, 1985.

Attorney(s) appearing for the Case

Mark D. Olson, of Chicago, for appellant.

James D. Montgomery, Corporation Counsel, of Chicago (Joseph A. Moore, Assistant Corporation Counsel, of counsel), for appellee.

Judgment reversed.

PRESIDING JUSTICE JIGANTI delivered the opinion of the court:

Under the Illinois Pension Code, a police officer disabled while engaged in an "act of duty," as defined in the statute (Ill. Rev. Stat. 1983, ch. 108 1/2, par. 5-113), is entitled to duty-disability benefits amounting to 75% of his salary at the time disability is allowed. (Ill. Rev. Stat. 1983, ch. 108 1/2, par. 5-154.) A police officer disabled, while not engaged in an "act...

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