O'Brien v. Board of Trustees of the Firemen's Fund

I respectfully dissent.

It is well settled that a fireman is not entitled to a pension in the first instance under either section 4 — 110 or 4 — 111 of the Illinois Pension Code (Ill. Rev. Stat. 1973, ch. 108M, pars. 4 — 110 and 4 — 111) solely by reason of the fact that he is no longer able to perform the duties of a fire fighter, but rather he must be disabled for service in the fire department in any full-time position, including fire inspector. (Peterson v. Board of Trustees, 54 Ill. 2d 260, 296 N.E.2d 721 (1973); Mulder v. Board of Trustees, 103 Ill. App. 2d 174, 242 N.E.2d 627 (1968).)…