Hendricks v. Board of Trustees of the Police Pension Fund of the City of Galesburg

Illinois Appellate Court
Civil Court
Pension Code
Citation
Case Number: 
2015 IL App (3d) 140858
Decision Date: 
Monday, August 24, 2015
District: 
3d Dist.
Division/County: 
Knox Co.
Holding: 
Affirmed and remanded.
Justice: 
CARTER
Retired police officer filed complaint for administrative review of decision of Board of Trustees of City Police Pension Fund and President of Board of Trustees, denying his application for police retirement benefits. Pension Board found Plaintiff disqualified from benefits because of his prior job-related felony conviction, although prior conviction had been vacated by trial court pursuant to TASC statute. Disqualification provision of Pension Code applies only if applicant stands convicted of a job-related felony; once conviction was vacated, it no longer had legal character or effect of a conviction. Appellate court affirmed trial court's judgment and ordered Board to grant Plaintiff police retirement benefits. (HOLDRIDGE and LYTTON, concurring.)