PENSIONS - ILLINOIS

Hooker v. Retirement Bd. of Firemen's Annuity and Ben. Fund of Chicago

Supreme Court of Illinois - December 19, 2013 - N.E.2d - 2013 IL 114811

Widows of deceased firefighters filed claims with the Retirement Board of the Firemen’s Annuity and Benefit Fund, seeking widow’s duty death annuity benefits. The Board denied claims. On judicial review, the Circuit Court remanded. On remand, the Board awarded widows duty death annuity benefits. Widows filed motion to recalculate Board’s award and requested prejudgment interest. The Circuit Court vacated Board’s decision, ordered Board to recalculate the award, and ordered Board to pay prejudgment and postjudgment interest. Board appealed. The Appellate Court affirmed. Subsequently, after widows were granted leave to file an amended complaint, the Circuit Court, Cook County entered summary judgment in favor of Board. Widows appealed. The Appellate Court reversed and remanded. Board petitioned for leave to appeal (Check out the procedural history on that case!).

The Supreme Court of Illinois held that calculation of duty death annuity benefits was not required to include duty availability pay.



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