Prazen v. Shoop

Illinois Supreme Court
Civil Court
Citation
Case Number: 
2013 IL 115035
Decision Date: 
October 18, 2013
District: 
4th Dist
Division/County: 
LaSalle Co.
Justice: 
THOMAS
Holding: 
Appellate court affirmed.
Illinois Municipal Retirement Fund (IMRF) Board of Trustees has no authority, under the Illinois Pension Code, to determine that electrical corporation formed by City's superintendent of electrical department, just before he retired under State's early retirement incentive plan, was a guise to circumvent the forfeiture provisions of the Early Retirement Incentive (ERI) statute. Board had no authority to create a new condition for forfeiture, where ERI lists only two conditions for forfeiture and Plaintiff violated neither condition. (KILBRIDE, GARMAN, KARMEIER, and THEIS, concurring; FREEMAN and BURKE, dissenting.)