PENSIONS - ILLINOIS

People ex rel. Madigan v. Burge

Supreme Court of Illinois - July 3, 2014 - N.E.3d - 2014 IL 115635

Attorney General brought action against the Retirement Board of the Policemen’s Annuity and Benefit Fund of Chicago (board) seeking to enjoin board from making payments to former officer who was convicted of several felonies. The Circuit Court dismissed complaint, and Attorney General appealed. The Appellate Court reinstated complaint and remanded cause to circuit court to determine whether officer’s convictions related to, arose out of, or were connected with his service as a police officer. The Supreme Court granted officer’s and board’s petitions for leave to appeal and consolidated cases for review.

The Supreme Court of Illinois held that board exercised exclusive, original jurisdiction in deciding that former officer’s pension benefits would not be terminated based on his felony convictions, and circuit court did not have concurrent jurisdiction over Attorney General’s complaint.



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