The Village of Westmont v. The Illinois Municipal Retirement Fund

Illinois Appellate Court
Civil Court
Pension Code
Citation
Case Number: 
2015 IL App (2d) 141070
Decision Date: 
Thursday, August 13, 2015
District: 
2d Dist.
Division/County: 
DuPage Co.
Holding: 
Affirmed.
Justice: 
JORGENSEN
(Court opinion corrected 8/20/15.) Illinois Municipal Retirement Fund (IMRF) cannot create and be bound by a nonstatutory exclusion to statutory requirement that a municipality must enroll its part-time, 1000-plus hours per year firefighters in IMRF when municipality has not created a local pension fund. Allowing fire department to remain in Group IV would conflict with Pension Code. IMRF's Authorized Agent Manual's Group IV exclusion, as applied to village, cannot have the force of law.(SCHOSTOK and BIRKETT, concurring.)