Stevens v. The Village of Oak Brook

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (2d) 120456
Decision Date: 
May 9, 2013
District: 
2d Dist.
Division/County: 
Du Page Co.
Justice: 
SCHOSTOK
Holding: 
Affirmed.
Plaintiff was part-time building inspector for village for 20 years, and did not participate in IMRF pension program because village administrator told him he was not eligible. He then worked as full-time inspector for 8 years, and did participate in IMRF. Village official refused to sign necessary form for him to receive credit toward pension for part-time work; employees have no discretion to opt out of IMRF participation. It is mandatory that all IMRF employers enroll all municipal employees in IMRF, as all municipal employees are to receive pension benefits as part of their compensation. Trial court's denial of Plaitniff's motion for summary judgment was interlocutory order, and second trial judge thus had authority to vacate that order. Court properly granted Plaintiff mandamus relief in ordering village official to sign pension form. (McLAREN and ZENOFF, concurring.)