The Board of Education of Schaumburg Community Consolidated School District No. 54 v. The Teachers' Retirement System of the State of Illinois

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (4th) 120419
Decision Date: 
January 7, 2013
District: 
4th Dist
Division/County: 
Sangamon Co.
Justice: 
POPE
Holding: 
Affirmed.
Court properly affirmed decision of Board of Trustees for Teachers Retirement System denying School District's request for exemption from assessment, because District provided some administrators raises in excess of 6% in years preceding their retirements. Participation in Retirement Program was not a compulsory term of employment . Administrator's agreement to participate in Program formed an independent contract, which was not formed until submitting irrevocable notice of intent to retire. As salary increases at issue were paid per contracts entered into after June 1, 2005, they were not exempt. Thus, District was required to pay into retirement system the present value of increase in benefits resulting from increase in salary in excess of 6%. (APPLETON and KNECHT, concurring.)