Rosario v. Retirement Board of the Policemen’s Annuity and Benefit Fund etc.

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 13-1615
Decision Date: 
February 19, 2014
Federal District: 
N.D. Ill., E. Div.
Dist. Ct. did not err in granting defendant-Pension Bd.’s motion to dismiss instant action alleging that defendant’s failure to reconsider denials of plaintiffs-police officers’ applications for pension credit violated plaintiffs’ due process and equal protection rights, where defendant had granted similar applications for pension credit for other police officers pursuant to Illinois Appellate Court decision that had been rendered after defendant had acted on plaintiffs’ original applications. Under Sola, 794 NE2d 1055, defendant lacked jurisdiction pursuant to Administrative Review Law (ALR) to reconsider its decisions regarding plaintiffs applications for pension credit, where said decisions had been rendered more than 35 days prior to instant reconsideration requests. Ct. further rejected plaintiffs’ claim that ALR’s failure to allow defendant to reconsider decisions beyond applicable 35-day period for doing so constituted due process violation.