White v. The Retirement Board of the Policemen’s Annuity and Benefit Fund of the City of Chicago

Illinois Appellate Court
Civil Court
Pension Code
Citation
Case Number: 
2014 IL App (1st) 132315
Decision Date: 
Friday, August 29, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Affirmed and remanded with directions.
Justice: 
REYES
(Court opinion corrected 10/17/14.) Police officer filed petition with Pension Board seeking pension credit for two prior service periods with City under sections 5-214(b) and 5-214(c) of Pension Code. Officer had previously worked for office of corporation counsel and as administrative assistant/police aide for City Police Department. Amended version of Section 5-214(b) of Pension Code does not expressly prescribe that amendment be applied retroactively to already pending petitions. Amendment is substantive in nature, as it limits pension service credit to police officers who are on leave and continue to remain in sworn status. Thus, amendment should not be applied retroactively to officer's claim. Officer's work as a police aide consisted of investigative work, and she presented sufficient evidence to satisfy requirements of Section 5-214(c) of Pension Pension Code, and should be awarded applicable pension service credit. (HALL, concurring; LAMPKIN, dissenting.)